HomeMy WebLinkAbout1985 11-12 CC MINBook 66/Page 103
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
NOVEMBER 12, 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: Dalla, VanDeventer, Waters, Morgan. Absent: Cooper.
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 Father Edd Lleva, St. Mary's Catholic Church.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Waters, the minutes of the regular meetings of
October 15 and October 22, 1985 be approved. Carried, by the following vote to —
wit: Ayes: VanDeventer, Waters, Morgan. Nays: Dalla. Absent: Cooper.
PROCLAMATIONS
Moved by Van Deventer, seconded by Waters, the Proclamations be read by title
only. Carried by unanimous vote. Absent: Cooper.
The Mayor's proposed Proclamation, "STORM PREPAREDNESS/FLOOD AWARENESS
WEEK" — November 10-16, 1985 was presented. Moved by VanDeventer, seconded
by Waters, in favor of this Proclamation. Carried by unanimous vote. Absent:
Cooper. Mayor Morgan presented the Proclamation to Battalion Chief George
Devendorf, NCFD.
The Mayor's proposed Proclamation, "WORLD WAR I RECOGNITION & EDUCATION
WEEK" — November 10-16, 1985 was presented. Moved by VanDeventer, seconded
by Waters, in favor of this Proclamation. Carried by unanimous vote. Absent:
Cooper. (The City Manager is to present this Proclamation to Porter Peterson.)
The Mayor's proposed Proclamation, "CHILDREN'S BOOK WEEK" — November 11-17,
1985 was presented. Moved by Van Deventer, seconded by Waters, in favor of this
Proclamation. Carried by unanimous vote. Absent: Cooper. Mayor Morgan
presented the Proclamation to Natalie Rencher, Children's Librarian, National City
Public Library.
Councilman Waters presented checks in the amount of $400 each from American
Legion Post 255 to Joe Miyoshi for the Police Reserves and Fire Chief Kimble for
the Fire Dept., for their holiday needy program; Mr. Waters also presented a check
for $100 to Meals on Wheels on behalf of the American Legion.
APPOINTMENT
The proposed reappointm ent of Mayor Morgan to the Sweetwater Authority
Governing Board was presented. Vice Mayor VanDeventer said he thinks this should
be handled as all others through the regular appointment procedure; he is working
on a meeting date for interviews.
PUBLIC ORAL COMMUNICATIONS — None.
PUBLIC HEARINGS
(The first three Public Hearings, all regarding the same property, were held jointly.)
The PUBLIC HEARING on BONITA VALLEY SPECIFIC PLAN (Case File SP-1-85)
REQUEST FOR APPROVAL of DEVELOPMENT PLANS on approximately 29 acres
located south of the South Bay Freeway on both sides of Valley Rd., north of
Lomacitas Lane and west of Avenida San Miguel (On February 19, 1985, Council
adopted a resolution approving a General Plan Amendment and Prezone for subject
property to RT—PUD and RS—E; at the same time, Council stipulated that future
development of the property be regulated by a specific plan; during the public
hearing, the Planning Com mission expressed concern about the density of the
development because of its close proximity to one acre homesites; see Document
No. 72963; the Planning Commission recommended approval subject to six
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conditions; staff recom mends approval in concurrence with the Planning
Commission's recommendation),
The PUBLIC HEARING on APPLICATION for PLANNED UNIT DEVELOPMENT
PERMIT to ALLOW a 184—UNIT CONDOMINIUM PROJECT with two lots (phases)
on 11.5 acres located adjacent to and south of the South Bay Freeway, east of Reo
Dr., north of Valley Rd., and west of Avenida San Miguel; Applicant: Odmark
Development Co., Case File No. PUD-1-85 (...involves the proposed development of
184 single—family attached condominium units, grouped in two—story mediterranean
style, 8—unit and 12 unit buildings, clustered in 21 buildings with five different
building configurations with varying front —street setbacks on approximately 11.5
acres located on the north side of Valley Rd.; the project consists of 36 one —
bedroom units, having 613 sq. ft. of floor area each, 148 two —bedroom units of
which 76 have a floor area of 884 sq. ft. and 72 have a floor area of 901 sq. ft.;
parking is provided on site at a ratio of 2.1 spaces per dwelling unit, one of which
will be covered; each lower dwelling unit will have a patio containing 100 sq. ft.,
and each upper dwelling unit will have a balcony containing 60 sq. ft.; recreational
facilities consist of a central recreational area with swim ming pool, jacuzzi,
restroom facilities, sundecks and barbecue areas; a jogging path will meander along
the perimeter of the project with 10 exercise stations located at various points; the
project is proposed to be developed in two phases; Phase I includes the construction
of 8 buildings, parking and accessways, major recreation area [swim ming pool,
jacuzzi, etc. ] and landscaping; Phase 11 will consist of construction of the
remaining 13 buildings, parking and landscaping; staff concurs with the Planning
Commission's approval), and
The PUBLIC HEARING on TENTATIVE SUBDIVISION MAP for the DIVISION OF
31.7 ACRES INTO 19 LOTS on property located south of the South Bay Freeway on
both sides of Valley Rd., north of Lomacitas Lane, west of Avenida San Miguel;
Applicant: Odmark Development Company, Case File No. S-2-85 (...involves the
division of 31.7 acres of vacant, unimproved land [Valley Road Annexation ] into 19
separate parcels, and realignment of Valley Road; seventeen of the parcels being
created will be 1—acre minimum in size and developed for detached, single—family
residential use; the remaining two parcels, having a combined land area of
approximately 11.5 acres, will be developed with 184 attached single—family
condominium units grouped in 8 and 12 unit buildings; the tentative map reflects
deviations from three sections of the Municipal Code: 1. The width of Valley Rd.
is shown at 50' between the west line of Lot 4 and a point 500' westerly thereof;
Code requires a minimum of 60' in width for minor streets; 2. Lots 5 through 11
and Lots 14 through 17 do not front a public street; Code requires that all lots
shall front on a public street; 3. Lots 5 through 11 and Lots 14 through 17 do not
have 50' of frontage on a dedicated street; Code requires that all lots in the
residential zones shall have a minimum frontage of 50' on a dedicated street;
access to Lots 1 through 8 and Lots 13 through 17 will be via a 36' wide private
drive; access to Lots 9 through 12 will be provided via a 20' wide private drive;
the Planning Commission considered the above deviations and after discussion found
that: 1. The reduced right—of—way width of Valley Rd. will only reduce the
travel way width by 5' and will not be detrimental to the public safety or welfare;
2. The only lots shown as not having street frontage are one —acre estate lots, and
based on the rural atmosphere and topography of the area, will be consistent with
existing development within the area; therefore, pursuant to Section 17.08.100 of
the Municipal Code, the Planning Commission recommends that the City Council
suspend the requirement for Valley Rd. to have a minimum right—of—way width of
60', and that all lots front on a public street with 50' of frontage; the Planning
Commission approved this tentative map after reviewing the final E.I.R. and
Addendum which identified eight significant effects of the project, and accordingly,
pursuant to CEQA Guidelines, made a finding that changes or alterations have been
required in, or incorporated into, the project which substantially lessen the
significant environmental effect as identified in the final E.I.R. and stipulated
conditions of approval; staff concurs with the Planning Commission's approval) were
held at this time. Planning Director Post said the condo units would be rather
small for condos that would be owner occupied; the Planning Commission voted to
approve these proposals. Councilman Waters inquired how the size of these condos
would compare to our present Code requirements. Mr. Post replied the Code does
not distinguish between apartm ents and condos; the present requirem ent is 500 sq.
ft. which is very small; these units would all be larger that the minimum.
Discussion. TED ODM ARK (developer and owner of the project), 1747 Hancock St.,
San Diego, was present and said the project is one he is proud of; the design
consultants are present and are willing to answer any questions; he has no problem
with any of the conditions. Further discussion. Planning Director Post said at the
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pre —zoning stage, Council set the density for the condos at 17.5 per acre; there
will be about 16 per acre. Councilman Dalla said the Specific Plan indicates a
population in this project of 527 people, with 201 of those being children, and
inquired if, in looking at the facilities provided (swimming pool, jacuzzi, etc.), much
thought was given to the kinds of facilities that should be provided for children.
Mr. Odmark replied those are not his figures; those figures are generally applied to
any dwelling units; he does not anticipate that many children; he anticipates very
few children; those figures are generic numbers that, as far as he knows, come
from a requirement that is applied in order to generate potential school population.
Further discussion. Planning Director Post said both the condos and the one —acre
lots will be tied in to the extent that the lots will be created for the single—family
estate homes; he does not believe it is the intent of the developer to actually build
the single—family Tots, but to record the map and sell building sites. Vice Mayor
VanDeventer inquired about the price range on the single family lots. Mr. Odmark
replied it would be between $50,000 and $75,000; the condos are to be sold when
the market will bear selling; some will be sold and some will probably be rented.
Further discussion. CAROL FRENO (Sweetwater Valley Civic Assoc.), 3703 Alta
Loma Dr., Bonita, was present and said they originally protested the density; prior
to annexation, the County would grant only 12 units per acre; the Association feels
this is too dense, but is prepared to accept the density in view of the lot
improvements; they are accepting the one —acre lots as part of the development.
Vice Mayor Van Deventer said he feels we have some very tight assurances that the
one —acre home sites will remain one —acre sites. No one else was present to speak
in this regard. Moved by VanDeventer, seconded by Waters, the Public Hearings be
closed and the Specific Plan, the Planned Unit Development and the Tentative
Subdivision Map be approved subject to all conditions of staff. Councilman Dalla
said he thinks the density is too high and the unit size too small. Councilman
Waters said the developer has come above the minimum size; we adopted these
restrictions some years ago; if they are too low, we should change them. Vice
Mayor Van Deventer inquired if the vegetation on the one —acre lots is covered.
Planning Director Post said it will take a lot of attention from staff, but it is
covered. Vice Mayor Van Deventer inquired if the developer has worked with staff
to minimize the problems. Mr. Post replied he has been very cooperative. Motion
carried by the following vote, to —wit: Ayes: Van Deventer, Waters, Morgan. Nays:
Dalla. Absent: Cooper.
(Item 21) Resolution No. 14,792, "RESOLUTION GIVING NOTICE OF INTENTION TO
VACATE AND CLOSE VESUVIO WAY (AN UNIMPROVED STREET) LYING
BETWEEN THE SOUTHERLY LINE OF SOUTH BAY FREEWAY AND VALLEY
ROAD, AND PORTIONS OF VALLEY ROAD LYING BETWEEN AVENIDA SAN
MIGUEL AND A POINT APPROXIMATELY 950 FEET WESTERLY THEREOF (SC-3-
85)." Moved by Van Deventer, seconded by Waters, the Resolution be presented by
title only. Carried by unanimous vote. Absent: Cooper. Moved by Van Deventer,
seconded by Waters, Resolution No. 14,792 be adopted. Discussion re a traffic
signal. Planning Director Post said that has been discussed and he believes the
conditions state the developer will contribute. Moved by Waters, seconded by
Van Deventer, the motion be amended to include the owner bear at least half the
cost of a traffic signal. Discussion. Councilman Dalla said we should leave this
up to the City Engineer to come up with an amount. City Engineer Stafford said
he thinks the conditions of approval are that there will be an agreement including
such things as cost split and when it is to be installed. Discussion. City Attorney
Eiser said the Resolution sets the hearing so it might be well to adopt it
separately. Motion adopting Resolution No. 14,792 carried by unanimous vote.
Absent: Cooper. Moved by Waters, seconded by VanDeventer, staff be directed to
assess the developer a minimum of 50% for the traffic signal. Discussion. Carried
by unanimous vote. Absent: Cooper.
The PUBLIC HEARING on APPEAL of the PLANNING COMMISSION'S DENIAL of
APPLICATION FOR CONDITIONAL USE PERMIT to ALLOW THE SALE OF BEER,
WINE, AND DISTILLED SPIRITS as an incidental use to a supermarket on property
located at 1035 Harbison Ave.; Applicant: Alpha Beta Company, Case File No.
CUP 1985-18 (Applicant proposes to sell beer, wine and distilled spirits for
consumption off the premises as an incidental use to the retail sale of food
products at the Alpha Beta Supermarket; the store has not previously been licensed
to sell alcoholic beverages; Alpha Beta is located in a small commercial shopping
center; existing uses within the center include a self —serve, coin —operated laundry,
miscellaneous small businesses, a vacant movie theater, a restaurant and a liquor
store which is located im mediately adjacent to the south side of the Alpha Beta
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Market; the Police Dept. has reviewed this application and advises that they will
not protest the approval of this application provided the market is not open past
2:00 a.m.; the Planning Commission denied this application for the reason that the
proposed use will have an adverse effect upon adjacent and abutting properties, due
to a potential over —concentration of liquor outlets at this location; the Combined
General Plan/Zoning designation of the project site is CG—PD with a height
limitation overlay of 35'; the center orients toward Harbison Ave.; single—family
residences zoned RS-2 are located to the west of the market across Harbison Ave.;
to the east, adjacent to the site, is vacant land which is zoned RS-3—P D; this site
is the subject of a General Plan Amendment and Zone Change to RT—PUD and CG—
PD which is currently being processed; there is a 7-11 store that sells alcoholic
beverages located approximately 450' to the south of the project site and an
existing liquor store next to the Alpha Beta Market on the south side; staff concurs
with the Planning Com mission's denial) was held at this time. Planning Director
Post said the Planning Commission recommends denial and staff concurs.
CRAIG GEBHARDT, Manager, Alpha Beta, was present and said he feels the denial
was based on the negative effects to the liquor store next door; the 500' limit
(between establishments selling liquor) does not apply to off —sale liquor; they are
appealing because they are having problems operating without a liquor license; they
have been in National City for 24 years; they do not carry everything a consumer
wants to purchase such as liquor; the Police Dept. does not feel that such license
would increase crime in the area; they have been locked into a contract for 21
years that did not allow them to sell alcohol; that contract has expired and they
would like an opportunity to be successful at that location. Councilman Dalla
inquired how much space would be allocated to alcoholic beverages. Mr. Gebhardt
replied about a 12 sq. ft. section and an additonal 20' section of the deli case for
cold beer. Councilman Dalla inquired if Mr. Gebhardt would be agreeable to some
sort of conditional license. Mr. Gebhardt replied if that is what it would take to
get a liquor license, they would accept conditions. Discussion re the possibility of
the store being sold and the new owner retaining the liquor license. Planning
Director Post said perhaps a condition could be imposed so that as long as the
property is operated by a major chain supermarket, the license could be retained;
the Planning Commission did not deny the permit because it would affect the liquor
store next door, but because it would have an adverse effect on adjacent and
abutting properties. Further discussion. Councilman Waters said several people
called him regarding this denial and said they would like Alpha Beta to sell beer
and wine; they feel uncomfortable going into a liquor store. No one else was
present to speak in this regard. Moved by Van Deventer, seconded by Waters, the
Public Hearing be closed and this application be approved with the condition that if
Alpha Beta were to sell, the license could be transferred only to a major
supermarket chain. Discussion. Carried by the following vote, to —wit: Ayes:
Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Absent: Cooper.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 14,776 through 14,793)
Moved by Van Deventer, seconded by Waters, the Resolutions be presented by title
only. Carried by unanimous vote. Absent: Cooper. Vice Mayor Van Deventer
requested Resolutions Nos. 14,786 and 14,787 be considered separately. Mayor
Morgan requested Resolutions Nos. 14,778, 14,779, 14,780, 14,781 and 14,784 be
considered separately. Councilman Waters requested Resolutions Nos. 14,783 and
14,789 be considered separately. Moved by Dalla, seconded by VanDeventer, the
Consent Resolutions (except 14,778, 14,779, 14,780, 14,781, 14,783, 14,784, 14,786,
14,787 and 14,789) be adopted. Carried by unanimous vote. Absent: Cooper.
Resolution No. 14,776, "RESOLUTION AUTHORIZING DONATION OF SURPLUS
CHAIRS TO NATIONAL CITY BOYS' CLUB." See Consent Resolutions above.
Resolution No. 14,777, "RESOLUTION ACCEPTING WORK AND AUTHORIZING
FILING OF NOTICE OF COMPLETION FOR MODIFICATION OF TRAFFIC SIGNALS
AT THREE LOCATIONS IN NATIONAL CITY (ENGINEERING SPECIFICATION NO.
958)." See Consent Resolutions above.
Resolution No. 14,778, "RESOLUTION ORDERING THE PLAT FOR PROPOSED
ASSESSMENT DISTRICT NUMBER 225 AND RESCINDING RESOLUTION NO.
14,768." Discussion. Moved by Van Deventer, seconded by Waters, Resolution No.
14,778 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla,
Van Deventer, Waters. Nays: Morgan. Absent: Cooper.
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Resolution No. 14,779, "RESOLUTION ORDERING PLANS AND SPECIFICATIONS
(ASSESSMENT DISTRICT NO. 225) AND RESCINDING RESOLUTION NO. 14,765."
Discussion. Moved by Van Deventer, seconded by Waters, Resolution No. 14,779 be
adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer,
Waters. Nays: Morgan. Absent: Cooper.
Resolution No. 14,780, "RESOLUTION ORDERING THE PLAT FOR PROPOSED
ASSESSMENT DISTRICT NO. 224." Discussion. Moved by Van Deventer, seconded
by Dalla, Resolution No. 14,780 be adopted. Carried, by the following vote, to —wit:
Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: None. Absent: Cooper.
Resolution No. 14,781, "RESOLUTION ORDERING PLANS AND SPECIFICATIONS
(ASSESSMENT DISTRICT NO. 224." Discussion. Moved by Van Deventer, seconded
by Dalla, Resolution No. 14,781 be adopted. Carried, by the following vote, to —wit:
Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Absent: Cooper.
Resolution No. 14,782, "RESOLUTION AUTHORIZING EXECUTION OF EASEMENT
TO SAN DIEGO GAS & ELECTRIC COMPANY." See Consent Resolutions above.
Resolution No. 14,783, "RESOLUTION ACCEPTING CONVEYANCE OF A
PERMANENT EASEMENT FOR DRAINAGE PURPOSES FROM DIMITRI T. SKOURAS
(APN-556-510-20)." Moved by VanDeventer, seconded by Waters, Resolution No.
14,783 be adopted. Carried by unanimous vote. Absent: Cooper.
Resolution No. 14,784, "RESOLUTION ABOLISHING LIMITED TIME PARKING
(ROOSEVELT AVENUE AND WILSON AVENUE)." Discussion. Moved by Waters,
seconded by Dalla, Resolution No. 14,784 be adopted. Carried, by the following
vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Abstaining:
Morgan. Absent: Cooper.
Councilman Waters said he understands the Mile of Cars is thinking about removing
the two—hour parking on National City Blvd.; we spent years and money on this and
we bought a three—wheeler to enforce the law down there; if they remove the
signs, we might not have a use for the three—wheeler.
Resolution No. 14,785, "RESOLUTION ACCEPTING A GRANT DEED FOR STREET
PURPOSES FROM F. F. AND M. U. AMANTILLO (1603 EUCLID AVENUE,
NATIONAL CITY, CALIFORNIA — ASSESSOR'S PARCEL NO. 558-180-14)." See
Consent Resolutions above.
Resolution No. 14,786, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO
ENTER INTO AN ESCROW FOR ACQUISITION OF REAL PROPERTY AT 1603
EUCLID AVENUE (FELIPE F. & MARILYN U. AMANTILLO)." Moved by
Van Deventer, seconded by Dalla, Resolution No. 14,786 be adopted. Vice Mayor
Van Deventer said we purchased the house to the west, and inquired why the people
are not out of it and why it has not been torn down. City Engineer Stafford said
he would bring back a report next week. Motion carried by unanimous vote.
Absent: Cooper.
Resolution No. 14,787, "RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR
PUMP STATION AT TIDELANDS AVENUE AND 24TH STREET FROM SAN DIEGO
UNIFIED PORT DISTRICT." Moved by Van Deventer, seconded by Dalla, Resolution
No. 14,787 be adopted. Carried by unanimous vote. Absent: Cooper.
Resolution No. 14,788, "RESOLUTION ESTABLISHING ONE ON —STREET
HANDICAPPED PARKING SPACE AT 1414 HARDING AVENUE (HANDICAPPED
PLACARD NUMBER 348405)." See Consent Resolutions above.
Resolution No. 14,789, "Resolution authorizing execution of an agreement between
the City of National City and Richard George Wheeler and W. Gayne Wimer,
Architects, Inc. for AE services for Las Palmas Gym." Councilman Waters said he
would abstain on this because he does business with this company. Moved by
VanDeventer, seconded by Dalla, Resolution No. 14,789 be adopted. Motion failed
by the following vote, to —wit: Ayes: Dalla, Van Deventer. Nays: Morgan.
Abstaining: Waters. Absent: Cooper. Mayor Morgan said this could be put on
the agenda next week. Discussion.
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Resolution No. 14,790, "RESOLUTION INVITING CITIZENS TO LIGHT
PORCHLIGHTS, CANDLES OR OTHER LIGHTS FROM DUSK TO DAWN ON
NOVEMBER 19 AND 20, 1985." See Consent Resolutions above.
Resolution No. 14,791, "RESOLUTION DECLARING DAVE MARTIN SUPPLIES,
HESTER'S GRANITE PIT AND NELSON & SLOAN THE LOWEST RESPONSIBLE
BIDDERS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE
AGREEMENTS WITH DAVE MARTIN SUPPLIES, HESTER'S GRANITE PIT &
NELSON & SLOAN." See Consent Resolutions above.
Resolution No. 14,792, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE
AND CLOSE VESUVIO WAY (AN UNIMPROVED STREET) LYING BETWEEN THE
SOUTHERLY LINE OF SOUTH BAY FREEWAY AND VALLEY ROAD, AND
PORTIONS OF VALLEY ROAD LYING BETWEEN AVENIDA SAN MIGHEL AND A
POINT APPROXIMATELY 950 FEET WESTERLY THEREOF (SC-3-85)." See
Page 105, Para. 2.
Resolution No. 14,793, "RESOLUTION AUTHORIZING THE CITY OF NATIONAL
CITY TO SUBSIDIZE THE COST OF REGIONAL TRANSIT PASSES FOR ELIGIBLE
ELDERLY AND HANDICAPPED RESIDENTS OF NATIONAL CITY AND
RESCINDING RESOLUTION NO. 14,738." See Consent Resolutions above.
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER
NO. 17, dated October 22, 1985, in the amount of $275,841.98 (Warrants Nos. 89659
through 89749), CERTIFICATION of PAYROLL for the period ending
October 16, 1985, in the amount of $308,705.73, RATIFICATION of WARRANT
REGISTER NO. 18, dated October 29, 1985, in the amount of $198,805.03 (Warrants
Nos. 89750 through 89848), RATIFICATION of WARRANT REGISTER NO. 19, dated
November 5, 1985, in the amount of $154,513.28 (Warrants Nos. 89849 through
89909, and CERTIFICATION of PAYROLL for the period ending October 31, 1985,
in the amount of $301,908.32 was presented. Moved by Waters, seconded by Dalla,
the bills be paid and warrants drawn. Mayor Morgan said he would vote in favor
of the payroll but against the bills. Vice Mayor VanDeventer said he would abstain
on Warrant No. 89807 because he owns the building. All payrolls ratified by the
following vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None.
Absent: Cooper. All demands except Warrant No. 89805 ratified by the following
vote to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: Morgan. Absent:
Cooper. Warrant No. 89805 failed by the following vote, to —wit: Ayes: Dalla,
Waters. Nays: Morgan. Abstaining: VanDeventer. Absent: Cooper.
The CLAIM FOR DAMAGES of DAVID & NADINE VERANO, arising from an
accident on July 20, 1985, and filed with the City Clerk on October 3, 1985 was
presented. Moved by Waters, seconded by VanDeventer, this claim be denied and
referred to the City Attorney. Carried by unanimous vote. Absent: Cooper.
The application for TYPE 41, ON —SALE BEER AND WINE LICENSE, PERSON
TRANSFER of Hossein Jalali and Joe L. Pace, Jr., dba LILIANA'S PIZZA PLACE,
2424 Hoover St., Suite E (Police, Planning and Building Departments state no
grounds for objection) was presented. Moved by Waters, seconded by VanDeventer,
this be approved. Carried, by the following vote, to —wit: Ayes: Dalla,
VanDeventer, Waters. Nays: None. Abstaining: Morgan. Absent: Cooper.
WRITTEN COMMUNICATIONS
The request of the NATIONAL SCHOOL DISTRICT EDUCATIONAL FOUNDATION
for a DONATION of $250 to support the NATIONAL SCHOOL DISTRICT'S SIXTH
GRADE CAMP PROGRAM was presented. Moved by Morgan, this be approved.
Motion died for lack of second. Discussion. Moved by Waters, seconded by
Morgan, this be approved. Motion failed, by the following vote, to —wit: Ayes:
Waters, Morgan. Nays: None. Abstaining: Dalla, VanDeventer. Absent: Cooper.
Vice Mayor VanDeventer said he and Councilman Dalla are both on the Board of
this organization and requested this item be brought back next week.
A letter from Chula Vista Mayor Cox requesting COUNCIL'S SUPPORT of
MODIFICATION of SAN DIEGO LAFCO POLICY — SPHERE OF INFLUENCE (See
Document No. 72989) was presented. Mayor Morgan said he would support the
10,000 acres out there; all the South Bay should be in these (South Bay) cities; any
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other than that he cannot support; if it can be fixed up where we are just
supporting the Sphere of Influence in east Chula Vista he would go along with it.
Discussion. City Attorney Eiser said this would be general; it does apply to the
time period involved; it doesn't specifically apply to any geographical area, but
would apply to any area included within the Sphere of Influence. Councilman
Waters said Chula Vista's Sphere of Influence generates a little bit into the North
end of National City; if by our supporting their Sphere of Influence Policy, that
would cover their idea of coming over to 54, this City would lose income. Further
discussion. Mayor Morgan said if we support this, LAFCO could say National City
is supporting Chula Vista's Sphere of Influence even in the City of National City.
Further discussion. Councilman Dalla said he sees this as two different issues; one
is dealing with an area that is unincorporated and the other one is that they are
attempting to include a portion of National City in their Sphere of Influence;
according to his understanding, they cannot deannex property from National City
unless we agree to do it. Mayor Morgan said if we support this, perhaps they
could do that. Further discussion. Moved by Waters, seconded by Dalla, this be
laid over two weeks to allow the City Attorney to study this and report back on
questions raised by Council (Would approving this put our land in jeopardy?), and to
ascertain what Chula Vista has in mind. Discussion. Vice Mayor Van Deventer said
he cannot vote on this item because he is Chairman of the SANDAG Board; the
Sandag Board approved this and he doesn't want to have any influence relating to
this item at this time. Further discussion. Motion carried by the following vote,
to —wit: Ayes: Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer.
Absent: Cooper.
A letter from APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS
REQUESTING a HEARING at the next Council meeting regarding the PURCHASE
of PROPERTY on Palm Ave. for purpose of SENIOR CITIZEN HOUSING was
presented. Planning Director Post said he believes what the church has in mind is
a forum to present their project to the City Council. Mayor Morgan asked the
City Manager to put this on next week's agenda.
A letter from CALIFORNIA ARMY NATIONAL GUARD/NATIONAL CITY requesting
permission to use EL TOYON PARK as an ALTERNATE ASSEMBLY AREA for
Headquarters Company, 2nd Battalion 185th Armor (Current regulations require that
each organizational commander select alternate assembly area sites and update
contingency plans annually; California Army National Guard is requesting permission
to use El Toyon Park as an alternate assembly area) was presented. Moved by
Dalla, seconded by VanDeventer, in favor of this request. Discussion. Carried by
unanimous vote. Absent: Cooper.
A letter from VICTORY OUTREACH for TEMPORARY CONDITIONAL USE PERMIT
for property located at 704 "I" Ave. for a MEN'S REHABILITATION HOME
(Presently they are applying for a CUP, but this takes time; they are requesting a
Temporary CUP to enable them to apply for the necessary food stamps they need
until they become operationally self—sufficient; presently, their men pay for their
living expenses with earnings acquired from small landscaping contracts; their other
functions include individual and family counseling, alternative lifestyle planning and
employment assistance) was presented. Planning Director Post said the applicant
has already applied for a CUP for the facility; the Code does not have any kind of
procedure for a temporary CUP; it is his understanding that the facility is
currently operating without any permit; Council could forestall any kind of action
against this group. Vice Mayor Van Deventer said it is important to hear from the
people in the area. Discussion. Ordered filed by unanimous vote. Absent:
Cooper.
A signed petition from CONCERNED CITIZENS requesting that BARRICADES on
"U" Ave. at the west end of El Toyon Park be REMOVED to PERMIT DRIVING
THROUGH THE PARK on "U" Ave. was presented. Councilman Waters said he
was called out to that neighborhood and met with the residents; they discussed "U"
Ave. between Division and 4th St.; those barricades were put up because of the
problems in the park; the residents have suggested "U" Ave. be opened up because
they cannot get on and off Division St. AL THORNBERG, 2325 Melrose, was
present and said the petition was signed by every family on Melrose and one family
on "U" Ave.; they are concerned about the dangerous traffic situation at Division
and "U", east of El Toyon School; that intersection is difficult to enter off of
Melrose or "U"; the traffic is getting heavier; they consider it a hazard and a
danger; if there is a traffic accident or a natural disaster at that intersection,
Book 66/Page 110
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there would be no way to get into Melrose, "U" Ave. or 1st St.; one resident
needed an ambulance and it was difficult to get through; they would like to see
"U" Ave. opened up to give them access through the park; this would give them
more than one access. Vice Mayor Van Deventer said those barricades were put up
because of the problems in the park; maybe we can try taking them down and see
how it works out; if it becomes a major police problem again, we will have to look
at it again. Mr. Thornberg displayed a drawing of the area and said the City
installed gates at the entrance and exit of the park; these gates are closed from
Friday afternoon through Sunday night; it has stopped the traffic jams and has
practically cut out the traffic and the low —riders; he walks through the park with
his dog every night and he sees no major problems in the park. Discussion. Mr.
Thornberg suggested installing stop signs going south on "U" just before the exit.
Vice Mayor VanDeventer said we could refer this to the Traffic Safety Committee.
Further discussion. Moved by Van Deventer, seconded by Waters, we remove the
barricades and refer the rest to the Traffic Safety Committee. Moved by
VanDeventer, seconded by Waters, the motion be amended to include approval of
installation of stop signs. JOHN TRAHAN, 2301 Melrose, was present and
recommended the corner of "U" and Division be red —curbed; in the daytime, it is
impossible to get out of there. JAMES MARKER, 2111 Melrose, was present and
said he is concerned about having a raceway in there again; he cannot conceive of
any way to control that other than to ask the Police Dept. to use radar.
Discussion. Mr. Marker inquired if the Traffic Safety Committee could consider
red —curbing the west side of "U". Vice Mayor Van Deventer said there is a real
need for the street parking in there. City Engineer Stafford said he would have
these items on the Traffic Safety Committee's next agenda. Councilman Dalla said
stop signs will look nice, but people will not necessarily stop; if it would be
agreeable to the people who live there, possibly we could install speed bumps.
Further discussion. Motion and amendment carried by unanimous vote. Absent:
Cooper.
Mayor Morgan called a recess at 8:42 p.m.
Council reconvened at 8:48 p.m.
ROLL CALL
Council members present: Dalia, Van Deventer, Waters, Morgan. Absent: Cooper.
OTHER BUSINESS
The Planning Commission's report and recommendation on OFF—STREET PARKING
IN THE LIGHT MANUFACTURING ZONE (On September 17, 1985, Council referred
the Planning Director's report on off—street parking in the Light Manufacturing Zone
to the Planning Commission for a report; the Planning Commission discussed the
parking —related problems which are occurring on the west side; the following ideas
were identified as being of particular importance and worthy of consideration:
1. Establishment of diagonal parking on City streets in areas of high parking
demand; the extremely wide rights —of —way on the west side make this a feasible
alternative; this type of configuration currently exists on Hoover Ave. between 16th
and 17th Streets; 2. Establishment of a minimum lot size for automotive and truck
service establishments; the consensus seemed to be that a lot size of between 7,500
and 10,000 sq. ft. would be appropriate; the additional area provided by the larger
lot would allow increased room for vehicle parking; 3. Prohibiting the fencing off
of parking areas; it has been observed that parking areas that have been fenced
and provided with sliding gate access to the street or alley frequently are turned
into storage or work areas; this has the dual effect of diminishing off—street
parking as well as creating aesthetic problems; 4. Requiring a CUP for automotive
and truck repair businesses; this would be a more streamlined approach than
applying the PD Overlay Zone to all properties in the Light Manufacturing Zone;
this could present an unreasonable burden to non —automotive related developments;
5. Establishment of special parking permit areas; presently only two areas of
residential special permit parking exist within the ML zone; while this idea has
some merit, the penalty for violation should be more than simply a parking ticket;
perhaps it could be made a towable offense; staff recommends that staff be
directed to implement the procedural changes outlined in the staff report [see
Document No. 72994] and that a code amendment to include the suggested code
changes be initiated) was presented. Planning Director Post said he feels Council
should consider a number of recom mendations by the Planning Dept., such as
modifying existing procedures, beefing up Code enforcement and diagonal parking on
the west side; Council discussed overhead doors against sidewalks, revised parking
Book 66/Page 111
11 /1 2/85
standards and doing a survey of other cities; our parking standards are inadequate
and need to be amended; he feels good about one parking space per 500 sq. ft. for
automotive businesses; the Planning Commission suggested diagonal parking; they
also considered a minimum lot size for automotive use and suggested 7,500-10,000
sq. ft.; fencing off—street parking areas is a big trouble spot; parking spaces are
used to work on cars and stack up pallets; the Planning Com mission was in favor
of prohibiting fencing of off—street parking areas; the Planning Commission
considered PD Overlay Zoning and requirement of a CUP for automotive uses; the
Planning Commission supported the recommendations put forth by staff and came
up with some of their own; at this point, maybe we can decide which of these
should be implemented for Code changes; he would suggest that Council initiate an
amendment to the Municipal Code that would incorporate certain changes; these
would be considered by the Planning Commission at a public hearing. Discussion.
Moved by Waters, seconded by VanDeventer, we initiate a Land Use Code
Amendment and refer this matter to the Planning Commission for public hearing.
Discussion. Carried by unanimous vote. Absent: Cooper.
A PETITION for 1911 IMPROVEMENT ACT — 17th St., Lanoitan Ave. to Rachel
Ave. (secure right—of—way, secure easements, sewer, drainage, public utilities, grade,
curb, gutter and pave) was presented. The City Clerk said this should be referred
to the City Engineer. Moved by Waters, seconded by VanDeventer, this be
approved. Vice Mayor Van Deventer inquired if those people realize the costs
involved. City Engineer Stafford replied he didn't know, but there seems to be
some interest in it and we are moving ahead. Mr. Van Deventer said this has a
sewer problem and a drain problem and we should do a projection on the costs
before it goes too far. Carried by unanimous vote. Absent: Cooper.
The City Engineer's report on 1911 ACT IMPROVEMENT on East 15th St., 2800
block (This item was held over from October 15; it has since been determined that
a rolled curb per San Diego County Regional Standards would be as expensive as a
standard curb and gutter, if not $2-3 per lineal foot higher; two additional cost
estimates are provided for consideration: 1. Assume vertical curb, no gutter, no
drive approaches, truncated cul—de—sac, and grading and paving are to be performed
by City crews: a) grading and paving — $2,000; b) vertical curb — $4,000;
c) guard barricade $500; d) field engineering — $400; e) incidentals — $690; total
— $7,590; 2. Based on site inspection with Public Works Maintenance supervisor,
assuming no grade correction with pavement overlay to be performed by City
crews, and no curb or gutter construction: a) pavement overlay — $1,200;
b) guard barricade — $500; c) contingency — $170; total — $1,870; based on
comments by Mr. Randolph at 2820 E. 15th St., it is believed the affected property
owners want only to have the street in the approximate condition it was when new,
and at no cost; that would indicate selection of cost estimate No. 2) was
presented. City Engineer Stafford said what they want is to have the road about
like it was when it was new at little or no cost; he went out there with Mr.
Hernandez (Street Maintenance Supervisor) to look the project over and see what
would be the minimum project and still do a good job; it looks like it would cost
under $2,000 and if Council desires, that could be done under a maintenance
operation. Moved by Waters, seconded by VanDeventer, in favor of alternative No.
2. Discussion. Mr. Stafford continued, Mr. Hernandez felt that based on past
experience in other parts of the City, the pavement is pretty stable out there; it
would be suitable for oiling and an overlay. Further discussion. Public Works
Director Williams said at this location, we have a couple things in our favor; the
street receives very Iittle traffic; the native material out there is fairly good and
the intent would be to put on an overlay; money is available in the CIP project for
street overlay; this was not specifically designated as one of the streets to be
overlaid, but if it is Council's desire to do this street, money could be used from
the CIP project. City Engineer Stafford said some of the property owners wanted
to have a little part of their driveway extended; it's just a few feet, and they
would pay for it; he needs authority from Council to work on private property.
Mr. Williams said this would extend their driveways to come out and meet the new
pavement. Further discussion. Moved by Waters, seconded by Van Deventer, this be
approved as long as the property owners pay for the driveway work. Mayor Morgan
inquired if we would be working on private property. Mr. Williams replied we
might be a little bit; he is not positive of where the public property ends and the
private property begins in this location; we would not put the street on private
property, but we might not put the street out to the edge of the public property;
the thought was that if we have to put in three or four feet of driveway, we
ought to do that while we're paving the road. Mayor Morgan said the only way he
Book 66/Page 112
1 1 /12/85
can vote for this is for Mr. Williams to show him what he plans to do; he doesn't
think the City should work on private property. Further discussion. Moved by
Waters, seconded by Van Deventer, we do the job and anything that extends up to
the property owners' driveways will be paid for by the property owners, provided
they do not work on private property. Carried by unanimous vote. Absent:
Cooper.
The Public Works Director's report on CONTRACT AWARD FOR HI —RANGER
REPAIR and CERTIFICATION (The hi —ranger bucket truck, being a man —lift unit, is
required by OSHA to be "certified" every five years; this certification is mandatory
to be able to keep the unit in service, and must be done by a State —Certified
Inspector; our hi —ranger needs this service; diligent search discloses only two
businesses in the San Diego area having the requisite capability and certification;
written cost proposals were solicited of each; Telelect West of Baldwin Park
proposes to do the required repairs and provide certification for $17,000; Bebco of
El Cajon provided an estimate cost of $16,351.68 for requisite repairs and
certification; staff recommends that Council award to Bebco and authorize the
Purchasing Agent to sign a contract) was presented. Moved by VanDeventer,
seconded by Dalla, in favor of staffs recommendation. Carried by unanimous vote.
Absent: Cooper.
The request of the PLAZA BONITA for TEMPORARY USE PERMIT (CLASS A) for
SANTA'S ARRIVAL FESTIVITIES, November 23, 1985, from 10:00 a.m. to 11:00 a.m.
(Plaza Bonita has requested a TUP to land a small helicopter in their parking lot
to open their Christmas festivities) was presented. Moved by Waters, seconded by
VanDeventer, in favor of this request. Carried by unanimous vote. Absent:
Cooper.
The application to MOVE an EXISTING RESIDENCE located at 524 E. 7th St. to a
vacant lot located at 629 "C" Ave. was presented. Building & Safety Director Reid
said the house has been re —stuccoed and is in good condition; it will improve the
neighborhood. Moved by Waters, seconded by Morgan, in favor of this request.
Carried, by the following vote, to —wit: Ayes: Dalla, Waters, Morgan. Nays:
None. Abstaining: Van Deventer. Absent: Cooper.
The report of the TRAFFIC SAFETY COMMITTEE from their meeting of October
9, 1985 was presented. Moved by Waters, seconded by Van Deventer, in favor of
the Traffic Safety Com mittee's recom mendations. Mayor Morgan spoke of Item 1
under Old Business (Request to investigate "Sight Distance" problem at 8th St. &
"V" Ave.), saying this was before Council one time before; he asked Mr. Stafford to
check that and see what he thought the problem was; somebody needs to look at
that; according to the Traffic Safety Committee minutes, this was denied; if
something isn't done out there, we will have a real problem and the City will be
liable. Vice Mayor VanDeventer said Mr. Chenoweth is getting ready to build some
new units out there and that street will be impacted more. Discussion. City
Engineer Stafford said he would check into this. Further discussion. Moved by
Waters, seconded by Van Deventer, the motion be amended to approve the
recommendations of the Traffic Safety Committee with the exception of Item 1
under Old Business. Mayor Morgan said he would have to abstain on Item 11 under
New Business (Request to move "two—hour parking" signs to designate residential
permit parking area, Roosevelt Ave., between 7th & 8th Streets). Motion and
amendment carried by unanimous vote with the Mayor abstaining on Item 11 under
New Business. Absent: Cooper.
CITY MANAGER — No report.
CITY ATTORNEY — No report.
OTHER STAFF — No reports.
MAYOR
The Mayor's memo re PEDESTRIAN CROSSING LIGHT AT EUCLID AVENUE (The
pedestrian crossing light on Euclid Ave. across from the Paradise Valley Emergency
entrance which was approved some time this year has not yet been installed; the
Mayor has made inquiries and was informed that the light is part of the CIP Plan
and is not scheduled for completion until FY 1987-88; since that crossing will
connect the hospital with the doctors' offices directly across the street, the light is
needed now; cost for installation has been estimated at $40,000, and the Mayor
Book 66/Page 113
11 /12/85
requests that Council consider scheduling that pedestrian crossing Tight for this
fiscal year instead of waiting) was presented. Discussion. Moved by Morgan,
seconded by Waters, this be referred to the Budget Committee. Carried by
unanimous vote. Absent: Cooper.
The matter of MARIA NAVARRO'S LEGAL FEES was presented. Mayor Morgan
said he thinks the City should pay Maria's attorney fees; the total was $4,806.20;
he will give her $500; he thinks it is wrong for her to go through this and have to
pay $4800 and then Council added another $1800 onto it; that adds up to something
like $6400; the City paid the Engineer's attorney; in this case, and in any other
case like this, where they reinstated (the employee) he would be in favor of doing
that (paying legal fees) too; we should go ahead and pay $4300 and he would make
a motion to do that; motion died for lack of second. Councilman Waters said it
has been in the papers that he favored paying Maria Navarro's legal fees; what he
really asked for — he wanted to know what this whole thing cost the City; he was
interested in that; he understands it was from $12-18,000; he hasn't got the figures
back on the overall picture; what he is interested in is working with the City
Manager in such a way that something like this does not happen again; it gave the
City a very bad name and it did a lot of harm to the City; we have a policy
where we pay Department Heads' legal fees because they make a lot of decisions -
- all the major decisions; they're on the hot line because they have to do the firing
and so called work that has to be done to make the departm ent run properly; the
policy has always been that we do pay the department heads' (legal fees); if we go
on record of paying both sides, he sees no reason why any employee or any
Department Head, when they get hung up on a disagreement where they want to go
ahead and sue each other, when it's all over the general public will pick up the
bill; that's something we have to watch; you could run up a $20,000 legal bill and
after the fight is all over and everything is brought back to normal, the taxpayers
would pay for that; we've got to be very careful we don't set a precedent here; his
main reason for asking for a report and what the cost would be was he wanted to
know the overall cost of everything; he doesn't want the public to forget; he
doesn't want the City employees to forget; this was a very expensive item for the
taxpayers to pick up.
Mayor Morgan said he has had several complaints from people and even from the
press, that whenever they ask for something, it's hard to get records from the staff
here; Mr. Waters has tried to get information (about the Navarro hearing) and
couldn't; when the Council can't get information, how can ordinary people get
something from the staff. City Manager McCabe said he thinks the only reason
staff hasn't reported back is they have to collect the information and we don't
have final costs until everything is in.
Mayor Morgan asked the City Clerk to read his memo of October 30, 1985 into the
record:
"October 30, 1985
"City Council
City of National City
"At the Council meeting of October 22, 1985, I proposed that
we extend the Mile of Cars in order to build up the car dealership
industry up to bring in 5 or 6 million dollars in sales tax revenues for
the City. This proposal was entusiastically approved by the City Council
and Jess Van Deventer and I agreed to serve on a committee to pursue
it.
"As you know, our bond capacity is exhausted for several
years to come and if we are going to successfully extend our Mile of
Cars, now is the tim e to lay out a financial plan that will work.
Towards this end, I propose that if legally possible, all block grant
monies be set aside for this purpose. I further recommend that 40% of
all sales tax revenues derived from the automobile business be turned
over to Com munity Developm ent to be added to the block grant monies
in order to promote automobile businesses wanting to locate in National
City.
Book 66/Page 114
11 /12/85
"As I see it, if we are serious about extending our Mile of Cars,
then it is absolutely necesssry to commit ourselves to a sound financial
policy in order to complete the job. I believe we can accomplish our
goal within a 3 to 8 year tim e span.
"(s)Kile Morgan
Mayor"
Councilman Waters said he believes in the Mile of Cars, but this City has a lot of
programs going on, a new police station and other facilities; if it will not
jeopardize our other programs, he is all for it. Mayor Morgan said this should
come back at a later date. Councilman Dalla inquired if the Mayor had met with
the car dealers on this. Mayor Morgan replied he asked Vice Mayor VanDeventer
to meet with them, but they have both been very busy.
CITY COUNCIL
Councilman Dalla spoke of the Bay Plaza Shopping Center, saying that one of the
requirements was that one of their driveway exits on Plaza was supposed to be
constructed in such a way that only a right turn would be possible; he looked at
what they have constructed and there's not much in the way of a structural
obstacle; that could be a big problem. City Engineer Stafford said he would look
into it.
Vice Mayor Van Deventer spoke of the excellent job at the golf course, but he
wishes they could have placed the temporary electric pole and moved it
underground; it's the only hokey thing on that project.
ADJOURNMENT
Moved by Waters, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m.,
November 19, 1985. Carried by unanimous vote. Absent: Cooper. The meeting
closed at 9:33 p.m.
The foregoing minutes were approved at the regular meeting of November 19, 1985.
Corrections No corr ctions
AY
CITY OF NATIONAL CITY, CALIFORNIA