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HomeMy WebLinkAbout1985 06-25 CC MINBook 65/Page 243 6/25/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 25, 1985 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by the Rev. Jerard Slack, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Cooper, the minutes of the regular meeting of June 18, 1985 be approved. Carried by unanimous vote. APPOINTMENT The Mayor's proposed reappointment of Jim Ladd to the Library Board of Trustees was presented. Moved by Waters, seconded by VanDeventer, in favor of this reappointment. Carried by unanimous vote. Vice Mayor VanDeventer said he was informed that Mrs. Baker had resigned from the Library Board for reasons of health. Councilman Waters suggested Mrs. Baker be recognized for her years of service. PUBLIC ORAL COMMUNICATIONS None. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of the PLANNING COMMISSION'S APPROVAL of CONDITIONAL USE PERMIT to ALLOW the OPERATION of a COMMERCIAL PRINTING AND PHOTOCOPYING BUSINESS at 710 East Third St., Applicant: Herman Baca (Applicant has relocated his small commercial printing and photocopying business that formerly occupied 800 sq. ft. at 1837 Highland Ave., to 710 East Third St. [Commercial General Zone ]) was called at this time. The City Clerk reported receipt of a request for continuance from Mr. Baca. Moved by Cooper, seconded by VanDeventer, this hearing be continued to July 9, 1985. Councilman Dalla said this is the second time this has been continued at the request of the applicant. Councilman Waters said the applicant only has four or five months left on his lease; he is trying to renegotiate a longer lease. Motion carried by unanimous vote. The PUBLIC HEARING on GENERAL PLAN AMENDMENT (GP-5-85) and ZONE CHANGE (ZC-3-85) on approximately one acre of property located on the north side of 8th St., 165' west of the intersection of "V" Ave. and 8th St. (The proposed General Plan Amendment and rezoning to CG was initiated by the applicant to enable him to build a retail hardware store and post office substation on a 43,056.75 sq. ft. lot; the property is currently designated on the Combined General Plan/Zoning Map as IP; it was rezoned from RT to IP in 1981; at that time, the General Plan designation was also changed from "residential 16-20 dwelling unit/acre" to "medical related services"; on May 20, 1985, the Planning Commission voted to recommend to Council that the proposed General Plan Amendment/Zone Change be approved; they further recommended that the PD Overlay Zone be applied to the site; the CG—PD designation will permit a hardware store as well as a variety of other retail and service type uses; a post office substation is permitted in the CG—PD zone with a CUP; surrounding General Plan/Zoning designations are predominantly residential; east of the intersection of 8th St. and "V" Ave., the predominant Zoning/General Plan designation is CL and IP; the character of the area is becoming more institutional in nature due to the proximity of Paradise Valley Hospital and the various institutional uses that are typically found in the vicinity of a hospital; typical uses in the area are medical offices, Book 65/Page 244 6/25/85 pharmacies, convalescent homes, etc; the area immediately adjacent to the project site is predominantly residential; to the north is an 88-unit apartment complex, to the south and west are single-family homes and duplexes, and to the east are single-family homes and a church; the proposed Zone Change/General Plan Amendment will change the character of the neighborhood from the existing residential character; however, the IP Zone that is currently the zoning of the site does not permit residential uses; in addition, development of this site under the IP zoning would allow for uses that would be compatible with the on -going development in the immediate area of Paradise Valley Hospital; there is scattered CG and CL zoning all along 8th St.; the majority of CG zoning is in the vicinity of major intersections; staff recommends that Council certify the Negative Declaration and approve the General Plan Amendment/Zone Change) was held at this time. Planning Director Post said the applicant has submitted an exhibit showing a metal building for discussion purposes; the Planning Commission has not seen it; tonight Council needs only to make a determination on whether or not to rezone the property; if Council puts on the Planned Development Overlay as the Planning Commission and staff recommended, it would allow the Planning Commission and Council to review any subsequent plans. Discussion. Vice Mayor VanDeventer said there are more attractive types of buildings that could be put on this property; the Planned Development Overlay would be very important on this project. Councilman Waters inquired if the Planning Commission went out and looked at the surrounding area, and if consideration was given to the fact that this is a predominantly residential area. Planning Director Post replied this area is in transition; because of the residential property in the area, we would have to have some pretty tough design controls; the applicant has just one lot he would like to have rezoned from Institutional to Commercial; if Council is referring to zoning consistency, Residential Zoning would be more consistent. Councilman Cooper said there is a mixture of residential, apartments, and businesses all over the City; no one is present to protest this zone change. Mayor Morgan said the applicant will have a difficult time; the building looks like a warehouse. FRED PRUITT (applicant), 2414 E. 19th St., was present and said he doesn't think anyone will say this building looks like a warehouse once they see the finished product; the Planning Dept. will oversee the plans; the reason he wants to use this type of building is financial; it would cost him $300,000; a block building would cost another $150,000. Mayor Morgan said we have this type of building in the warehouse zone, but not in the business zones. Mr. Pruitt continued, this building will be a lot better than some others in the City; the business will close at 7:00 each evening; he plans to put up a 4' brick wall with 3' chain link with wood slats on top, and ivy growing on it; the entire front of the building will be glass. Further discussion. Planning Director Post said if the Zone Change is approved tonight, Mr. Pruitt can submit his plans; they would go to the Planning Commission, and then the City Council. Further discussion. Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed, and this zone change be approved with Planned Development Overlay. Discussion. Carried by unanimous vote. The PUBLIC HEARING on PROPOSED AMENDMENT TO TITLE 18 (ZONING) of the National City Municipal Code to RESTRICT LOCATION of ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES (On March 26, 1985, Council directed the City Attorney to prepare amendments to the Land Use Code regarding the location of establishments serving or selling liquor; the proposed amendments were submitted by the City Attorney to the Planning Dept. for review and to the Planning Commission for hearing and consideration; this amendment would restrict the location of the outlets by requiring at least a 1000' separation between them; the Planning Commission held a public hearing on May 20, 1985, and recommended that the proposed amendments not be adopted; they questioned whether the existing CUP requirement was not sufficient and whether the restriction might prevent or discourage family -type restaurants from locating in the City; see Document No. 72432; staff recommends that Council concur with the Planning Commission recommendation and not adopt the proposed Code Amendment) was held at this time. Planning Director Post said there have been twelve applications for Conditional Use Permits since the program was adopted; seven have been approved and five have been denied; the Planning Commission was concerned that this amendment would discourage family type restaurants; a variance can only be granted if there is a hardship; a number of denials on the C UP's have been for convenience markets; the Planning Commission and staff feel that the CUP regulation is an effective tool, and recommend this Code Amendment not be adopted. JUDY SIROIS BOSS, 1311 °O" Ave. was present and said she doesn't have much faith in the CUP; a CUP was denied in her area and then it came back and Book 65/Page 245 6 /25 /85 was approved; we need stronger controls. Vice Mayor VanDeventer said he has some concern about the 1,000 ft. between establishments; he would like to see a shorter distance. Councilman Cooper said he agrees with Mrs. Boss; the CUP is not an effective tool, because they do keep coming back; he would go along with a shorter distance too. Planning Director Post said the existing Ordinance requires 1000' between bars; if a CUP is denied, the applicant must wait one year before it can be brought back; the CUP Mrs. Boss was referring to was denied without prejudice and therefore, he could reapply within one year. Discussion. No one else was present to speak in this regard. Moved by VanDeventer, seconded by Waters, the Public Hearing be closed, and the amendment be approved with the distance between establishments changed to 500'. Discussion. Councilman Cooper said we are talking about liquor licenses; it could be a restaurant, a convenience market, or anything. Vice Mayor VanDeventer said the beer bars would still be required to be located 1000' apart. Councilman Dalla said our intent is appropriate, but we are creating problems; businesses could close because there is already another liquor license in the same block; he feels we have failed to look at all the ramifications. City Attorney Eiser said his understanding of the motion is a 500' limit for all establishments except where the sale of alcoholic beverages is a principal use, or a bar. Vice Mayor VanDeventer said the bars are the only establishments required to have 1000'. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,670 through 14,679) Mayor Morgan requested Resolutions Nos. 14,674, 14,675 and 14,679 be considered separately. Moved by Waters, seconded by Cooper, the Consent Resolutions (14,670 through 14,678) be adopted with the exception of 14,674, 14,675 and 14,679. Vice Mayor VanDeventer said he will abstain on Resolution No. 14,672. Motion carried by unanimous vote. Resolution No. 14,670, "RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR DRAINAGE PURPOSES FROM SAN DIEGO TRUST & SAVINGS BANK AS EXECUTOR OF THE WILL OF MILDRED WELLINGTON (ASSESSOR'S PARCEL NO. 669-060-22)." See Consent Resolutions above. Resolution No. 14,671, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR ADVERTISING — CITY CLERK." See Consent Resolutions above. Resolution No. 14,672, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY SPECIAL PERMIT AT 130 EAST 17TH STREET (ARTHUR HIBI)." See Consent Resolutions above. Resolution No. 14,673, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR REPAIRS TO NATIONAL CITY BOULEVARD BRIDGE AT THE SOUTH CHANNEL OF THE SWEETWATER RIVER (ENGINEERING SPECIFICATION NO. 951)." See Consent Resolutions above. Resolution No. 14,674, "RESOLUTION AWARDING A CONTRACT FOR SEWAGE PUMP STATION REPLACEMENT AT 24TH STREET AND TIDELANDS AVENUE AND DECLARING ALEX Mc LINTOCK, INC. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALEX McLINTOCK, INC. (ENGINEERING SPECIFICATION NO. 972)." Discussion. Moved by VanDeventer, seconded by Cooper, Resolution No. 14,674 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, DaIla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,675, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR SEWAGE PUMP STATION REPLACEMENT AT 24TH STREET AND TIDELANDS AVENUE." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,675 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,676, "RESOLUTION DESIGNATING PREFERENTIAL PERMIT PARKING AREA B, ESTABLISHING PROHIBITED PARKING AND AUTHORIZING PERMITS AND POSTING OF SIGNS." See Consent Resolutions above. Resolution No. 14,677, "RESOLUTION COMMENDING FAMILY STRESS CENTER FOR HUMAN CARE SERVICES PROVIDED TO CITIZENS OF NATIONAL CITY." See Consent Resolutions above. Book 65/Page 246 6/25/85 Resolution No. 14,678, "RESOLUTION AUTHORIZING EXECUTION OF A PROPOSED SERVICE AGREEMENT FOR FY'86 BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO TRANSIT CORPORATION." See Consent Resolutions above. Resolution No. 14,679, "RESOLUTION APPROVING AND ADOPTING BUILDING VALUATION MULTIPLIERS FOR 1985/1986 AND AMENDING PORTIONS OF PRIOR RESOLUTIONS." Moved by Dalla, seconded by VanDeventer, Resolution No. 14,679 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,680, "RESOLUTION AUTHORIZING THE EXECUTION BY THE MAYOR AND ATTESTATION BY THE CITY CLERK OF A QUITCLAIM DEED (LLAMAS — 29TH & A)." Resolution No. 14,681, "RESOLUTION AUTHORIZING THE EXECUTION BY THE MAYOR AND ATTESTATION BY THE CITY CLERK OF A QUITCLAIM DEED (GROVE PLAZA LIMITED — PLAZA BOULEVARD)." Resolution No. 14,682, "RESOLUTION AUTHORIZING THE EXECUTION BY THE MAYOR AND ATTESTATION BY THE CITY CLERK OF A QUITCLAIM DEED (ROBLEDO — FIG GILBERT)." Moved by Van Deventer, seconded by Waters, Resolutions Nos. 14,680, 14,681 and 14,682 be adopted. Mayor Morgan said he would like to amend the motion to put this on the agenda two weeks from tonight. Discussion. Councilman Waters said we should put it in the hands of the staff that when the checks clear, we will release the deeds. Moved by Cooper, seconded by Waters, the motion be amended to include the attorney hold the deeds until the checks clear. Councilman Dalla said a Grant Deed is not a Grant Deed until it is recorded with the County Recorder. Further discussion. Amendment carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 51, dated June 18, 1985, in the amount of $209,078.12 (Warrants Nos. 88152 through 88249) was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The application for STOCK TRANSFER, TYPE 47, ON —SALE GENERAL EATING PLACE LIQUOR LICENSE of BOLL WEEVIL, INC., 1539 Plaza Blvd. (Police, Planning and Building Departments state no objections) was presented. Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS The request of the LIONS CLUB for a CLASS "A" TEMPORARY USE PERMIT for a FOURTH OF J ULY CELEBRATION to be held in Kimball Park, July 3 from 5:00 p.m. to midnight, July 4, 5, 6 & 7 from noon to 1:00 a.m. (The Lions Club requests approval as follows: 1. The use of Kimball Park facilities as done in 1984, a plan of intended use to be submitted to the Parks Dept. for approval; 2. Permission to sell beer in Kimball Park during the celebration; 3. Permission to hold fireworks display in Kimball Park at 10:00 p.m., July 4, 1985; 4. Request waiver of all fees; 5. Temporary closing of "D" Ave. between 12th and 14th Streets during the celebration and set—up/take—down time of carnival; 6. The City Attorney prepare an agreement of liability for the Lions Club concerning any damage to park facilities as a result of the activities; staff recom mends approval subject to all conditions set forth by the departments and a waiver of all fees, subject to verification of fireworks insurance requirement) was presented. Moved by VanDeventer, seconded by Morgan, in favor of this request. Carried by unanimous vote. Councilman Waters recognized George Sothras, President, Lions Club who was present in the audience. Book 65/Page 247 6/25/85 PLANNING COMMISSION — NOTICES OF DECISION Planning Commission Resolution No. 27-85 APPROVING CONDITIONAL USE PERMIT to ALLOW CONSTRUCTION of a 3,900 SQUARE FOOT CREDIT UNION BUILDING on the north side of E. Seventh St. between Burden Dr. and Arcadia Ave., Applicant: Paradise Valley Federal Credit Union, CUP-1985-10 (The Paradise Valley Federal Credit Union is presently located at 2808 E. Seventh St. and shares the building with a combination food and book store; the applicant proposes to construct a new two—story Credit Union Building containing 3,900 sq. ft. of floor area on a portion of property having 7,575 sq. ft. and located directly across Seventh St. to the north from their present location; design of the proposed building will be compatible with the architectural theme of the area, and will be located in such a manner as to utilize existing topography to minimize its height above street grade; off—street parking for the Credit Union Building is proposed to be provided pursuant to an agreement for joint use of the adjacent parking facility; the parking facility contains 27 parking spaces and provides off—street parking for the Paradise Valley Seventh Day Adventist Church community services building; the applicant is required to show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off—street parking facilities is proposed; staff observation of the Credit Union operation [ at its present location] and community services building over the past few years, does not indicate a potential problem with parking; land use within the immediate area consists of Multi —Family Residential, Commercial, and a church to the south; residential to the north and east; and Paradise Valley Seventh Day Adventist Church community services building to the west; this application involves the proposed conversion of one lawful, non —conforming use [recreational vehicle storage ] to another lawful, non —conforming use located within the same zone and vicinity; except for the parking facility, all properties involved in this matter are owned by Paradise Valley Hospital; staff concurs with the Planning Commission's approval) was presented. Moved by VanDeventer, seconded by Cooper, this be approved subject to all conditions of staff. Carried by unanimous vote. OTHER BUSINESS The Public Works Director's request for AUTHORIZATION TO REPLACE VEHICLE (On Friday, 6/14/85, a detective unit was destroyed by fire [ no collision involved ]; the vehicle is within the allowance approved by Council at Finance Committee meetings for the last fiscal year; the cost of repairs of the vehicle [1982 Plymouth Horizon ] is estimated at $3,000, and the current wholesale Blue Book value is $3,200; a Chevrolet Citation/Pontiac Phoenix size vehicle is desired; estimated cost to purchase an ex —fleet rental unit is $6,500; funds are available in the existing vehicle purchase account because of favorable bidding on earlier purchases; staff recommends approval) was presented. Moved by Waters, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. CITY MANAGER City Manager McCabe requested an Executive Session re Personnel on completion of the agenda. CITY ATTORNEY The City Attorney's FOLLOW—UP REPORT ON OPPOSITION TO INCREASE IN RATES OF COX CABLE (In his memo dated May 9, 1985, the City Attorney reported on the options available to the City in view of the announcement of a rate increase by Cox Cable; he subsequently discussed this matter further with Alex Matuk, Deputy City Attorney representing the City of San Diego in its litigation with Cox Cable; on June 5, the San Diego County Superior Court upheld the State Legislation deregulating cable television subscription rates; see Document No. 72453) was presented. Councilman Waters said we should watch very closely what they are doing with satellite dishes; they are getting smaller and the cost is going down; Cox Cable rates keep going up. Councilman Cooper said the City has not been trying to abolish satellite dishes, just control them. OTHER STAFF — No reports. MAYOR Mayor Morgan inquired about the "No Parking" signs on Plaza Blvd., and said they were installed by a contractor who is doing the street repairs; the signs have been up for days and as of this afternoon, no work has been done. Moved by Morgan, we authorize staff to remove the signs and when the contractor gets ready to do Book 65/Page 248 6/25/85 the work, they can come here and get approval. Motion died for lack of second. Discussion. Councilman Cooper said he would like to have the City Manager notify the contractor that they must put the dates on the signs; he does not think staff should remove the signs. City Engineer Stafford said a letter saying he observed the signs on Plaza Blvd. without dates will be hand delivered tomorrow morning; he thinks the situation is under control; he saw the contractor start work this afternoon on Plaza Blvd. and he has been assured that they will be through with that phase by tomorrow afternoon. CITY COUNCIL Councilman Cooper inquired about the report re red —curbing the cul—de—sac at 15th & 'E' which was to have been on tonight's agenda, and was advised the matter will go to the Traffic Safety Committee on July 10. Mayor Morgan called an Executive Session re Personnel at 7:56 p.m. Council reconvened at 8:14 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Mayor Morgan inquired if tomorrow's adjourned meeting could be adjourned to the first meeting in July if necessary for final transfers and closing of books. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 8:00 a.m., June 26, 1985 for the Finance Committee Meeting, Budget Review. Carried by unanimous vote. The meeting closed at 8:15 p.m. CITY CLER The foregoing minutes were approved at the regular meeting of July 2, 1985. Corrections No corre J ons AYO CITY OF NATIONAL CITY, CALIFORNIA