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HomeMy WebLinkAbout1984 08-28 CC MINBook 64/Page 247 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 28, 1984 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, McCabe, Post, Stafford, Interim City Attorney Tobin. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meetings of August 7, 1984, August 14, 1984 and August 21, 1984 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS ED BODGE, 1315 E. 1st St., was present and thanked Council for his appointment to the Park and Recreation Advisory Board. Mr. Bodge complimented the City on the purchase of the new street sweeper, and suggested Council review other cities' Ordinances on "no parking" during certain hours of the day to allow the full street to be swept. Mayor Morgan said we would look into that. DOUGLAS BURELL, 712 1/2 Pleasant Lane, was present and suggested the NE corner of 8th and Pleasant Lane be red —curbed; this corner is a traffic hazard; people park near the corner and drivers turning cannot see in either direction. Moved by Morgan, seconded by Cooper, this be referred to the City Manager to have this matter put on the Traffic Safety Com mittee agenda. Carried by unanimous vote. Mr. Burell continued, he would like to protest the "liquor store" at 8th and Harbison (Item 27 on the agenda). He was advised he could get the proper forms from the Dept. of Alcoholic Beverage Control, Front St., San Diego. HOWARD ADLER, Eagle Furniture, was present and requested permission to hold a parking lot sale over Labor Day weekend (4 days — 8/31 — 9/3/84). Discussion. Councilman Dalla said in the past Council has received such last minute requests from Mr. Adler, and staff has had to put everything else aside to process his requests; at tim es Mr. Adler has had the sale in progress before his application was submitted; Mr. Adler has been in business long enough, he should be aware that he is supposed to submit his application in advance. Planning Director Post said Mr. Adler picked up an application about a month ago but has not submitted it; he explained to Mr. Adler that he has already had his two sales per year allowed by the Code; he is not entitled to another sale without a Conditional Use Permit; those forms have not been filed with the City; the City has issued citations on a number of different Code violations pertaining to these sales, and the citations have gone to court with varying degrees of success; there are currently two outstanding; there is a related problem of storage of trailers on the property, and the issue of the parking lot being improved without permits. Further discussion. Interim City Attorney Tobin said the procedure in the Code is for a Conditional Use Permit beyond the two sales; he spoke with Mr. Adler's attorney today, and explained to him that in light of the history of this matter, a demonstration of Mr. Adler's good faith would be helpful; Mr. Adler's attorney indicated that he thought the vans on the property might be removed tomorrow if this matter is not approved tonight. Further discussion. Mr. Tobin continued, the Planning Director has pretty accurately indicated the situation and he doesn't see that the procedural requirements have been met by this presentation tonight. Further discussion. Councilman Dalla said the Ordinance allows two such sales; some time ago, we had a request to increase sales to three; at the time this request was being considered, Mr. Adler conducted a sale without getting the proper permits; the only way to have more 8/28/84 Book 64 Page 224 Ordinance No. 7/24/84-1, "Ordinance of the City of National City, California adopting the Uniform Fire Code 1982 Edition and the appendix thereto, prescribing regulations governing conditions hazardous to life and property from fire and explosion, and establishing a Eureau of Fire Prevention and providing officers therefore and defining their duties and powers, and repealing Ordinance No. 1718 and all other Ordinances and parts of Ordinances in conflict therewith." NEW BUSINESS The City Clerk's report on APPOINTMENTS to BOARDS/COMMISSIONS/ COMMITTEES (Council determined appointments to various City Boards/ Commissions/Committees were to be made at the regular Council meeting on July 24, 1984; a "sample ballot" listing names of all applicants for appointment has been prepared; ballots will be distributed at the meeting) was presented. Moved by Waters, seconded by Van Deventer, Larry Tagle be reappointed to the Planning Commission (term to expire 3/31/88). Carried by unanimous vote. Mayor Morgan said he would not vote on these; it is not right to ask somebody to volunteer and go through what we are doing; he cannot go along with this; this is harrassing the applicants. Councilman Cooper said people don't feel that way; there are a lot of people here tonight for the Planning Commission; we are getting a good cross section of people. Councilman Van Deventer said he agreed with Councilman Cooper. Ballots for the Planning Commission were distributed to Council members (Applicants: Rosalie Alvarado, Reida Baker, R. Mitchel Beauchamp, Judy Sirois Boss, Ronald Detzer, Anton Gerschler, Charles Howery, James Ladd, Nawana Large, Daniel Murphy, Vincent Reynolds, Rosalie Zarate). Rounds 1 and 2 of the balloting were completed; round one - vote for four; round two - vote for two. Canvass of the second ballot showed the following votes: Baker - 4; Gerschler - 1; Howery - 3. Moved by Waters, seconded by Van Deventer, Reida Baker and Charles Howery be appointed to 4-year_terms on the Planning Commission. Carried, by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Mayor Morgan said he got a ruling from former City Attorney McLean on some of these appointments and asked Interim City Attorney Tobin to study it and confirm that the ones he is supposed to appoint, he will continue to appoint; he took an Oath to uphold the laws of the State and he intends to do that. Moved by Van Deventer, seconded by Waters, Anne Camacho, Louis Camacho, Sandra Reynolds and City Clerk Ione Campbell (liaison)be appointed to the Sister City Committee, and any expenditures to be approved by Council (amended motion). Amended motion carried by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Moved by Morgan, seconded by Waters, a term of two years be established for the Sister City Committee. Carried by unanimous vote. Moved by Dalla, seconded by Cooper, no limit be set on members, and we consider anyone else who would like to apply until we get to a point where we have enough people. Discussion. Carried, by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer. Nays: Waters, Morgan. Councilman Dalla said they could not make appointments to the Committee for Housing and Community Development because the 30-day period had not elapsed on the Ordinance. Moved by Cooper, seconded by Van Deventer, Judy Sirois Boss be appointed to the Civil Service Commission (term to expire 9/30/87). Carried, by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Moved by Van Deventer, seconded by Cooper, Gene Ernster and Jim Ledbetter be recommended to the Mayor for reappointment to the Street Tree and Parkway Committee. Mayor Morgan asked if they were the incumbents and was advised they were. Carried by unanimous vote. Moved by Van Deventer, seconded by Waters, Rosalie Zarate and Ed Bodge be recommended to the Mayor for appointment to the Park and Recreation Advisory Board. Discussion. Carried, by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. 7/24/84 Book 64/Page 248 than two sales is to get a Conditional Use Permit; to start deviating from the present requirements, given the history of this particular situation, would be inappropriate; other people make applications for Conditional Use Permits and go through the proper procedures. Further discussion. Mr. Adler said the trailers are used to store merchandise; this merchandise will be sold over Labor Day weekend; the City has acquired the property, and in a few months his business will not be there; within a week after the sale, the trailers will be gone; he will put that in writing. Moved by Waters, seconded by Morgan, in favor of this request. Interim City Attorney Tobin said one of the things the City may wish to consider in terms of its enforcement device is a civil mechanism rather than criminal; it takes a little longer, but it's less difficult to prove; if compliance with this representation is not met, that would be the civil cause of action that could be pursued. Further discussion. Councilman Dalla inquired if approving this request would be setting a precedent. Interim City Attorney Tobin said anything Council does sets a precedent; the precedent here would be that upon a showing that is satisfactory to a majority that conditions be waived, they may be waived; in this instance there is the additional element of representation and a consent, which will be reduced to writing of a written agreement that these items will be removed from the site, and if they are not complied with, Council has gotten something additional from Mr. Adler which will assist in the enforcement; precedent does not mean Council is bound to do the same thing if it comes again; it has to be looked at on a case by case basis. Motion carried by the following vote, to —wit: Ayes: Cooper, Waters, Morgan. Nays: Dalla, Van Deventer. ELIAS RODRIGUEZ, 1440 'I' Ave., was present and thanked Council for meeting with the CAL over the past months and spoke about street lights. Mr. Rodriguez recom mended Council form a com mittee to study street lighting, with 2 persons from CAL, and Councilman Cooper to chair the committee. Discussion. Councilman Cooper said he contacted the City of Redwood to get the procedures they have used and he now has that information; he will make copies for each Council member; the report looks very good. Further discussion. Moved by Van Deventer, seconded by Cooper, a committee of 7 be appointed to study this issue. Discussion. Consensus appeared to be a committee of seven would be appointed, Councilman Cooper to chair, each member of the Council to appoint one member and CAL to have one member. Motion carried by unanimous vote. ROGER POLITO, 711 Pleasant Lane, was present and spoke of the need to red — curb the NE corner of 8th and Pleasant Lane, the need for another street light at 8th and Pleasant Lane, and protested the "liquor store" at 8th and Harbison (Item 27 on the agenda). Mayor Morgan advised him someone will be picking up a petition from ABC, and asked the City Manager to check the lighting at that corner. Councilman Van Deventer encouraged Mr. Polito to attend the hearing on this liquor license. (Item 34) The Building & Safety Director's report on TEMPORARY USE PERMIT — Camillo Motors (Class "A" request for a TUP to install and use a trailer for office purposes on property located at 2729 National City Blvd. for a period during the construction of a permanent building not to exceed 6 months; plans have been approved for construction of the new building; necessary fees have been paid for the TUP; however, electrical and/or plumbing permits are required prior to installing trailer; staff recommends approval; Fire Dept. requires 1 type 2A:10BC fire extinguisher located per their direction) was presented. Moved by Cooper, seconded by Van Deventer, this be approved. Carried by unanimous vote. (Item 27) Planning Commission Resolution No. 32-84, DENYING APPLICATION for CONDITIONAL USE PERMIT on the PROPOSED SALE OF ALCOHOLIC BEVERAGES for consumption off the premises, Type 21, Off —Sale General, in conjuction with a proposed convenience store with deli at 3035 E. 8th St., CUP 1984-16 (...involves the proposed sale of alcoholic beverages for consumption off the premises as an incidental use, in conjunction with a proposed convenience store with a deli counter; this store will be part of a proposed small shopping center to be developed at the NW corner of 8th St. and Harbison Ave.; project site is presently vacant and unimproved; the proposed convenience store will contain a total floor area of 2,800 sq. ft.; remaining building area is proposed for a retail store having 458 sq. ft. and a Laundromat containing 1,080 sq. ft.; 8/28/84 Book 64/Page 249 total floor area of this complex will be 4,338 sq. ft.; staff concurs with the Planning Commission's denial) was presented. The City Clerk reported an appeal has been received. Moved by VanDeventer, seconded by Waters, this matter be set for public hearing (September 11, 1984). Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,413, "RESOLUTION FIXING AND ADOPTING THE TAX RATE OF THE 1984-85 FISCAL YEAR." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,413 be adopted. Carried by unanimous vote. Resolution No. 14,414, "RESOLUTION ACCEPTING CONVEYANCE OF PROPERTY FOR STREET PURPOSES (Martinez)." Moved by Cooper, seconded by Dalla, Resolution No. 14,414 be adopted. Carried by unanimous vote. Resolution No. 14,415, "RESOLUTION NAMING AND DEDICATING MELROSE STREET (Martinez)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,415 be adopted. Carried by unanimous vote. Resolution No. 14,416, "RESOLUTION NAMING AND DEDICATING A PORTION OF EUCLID AVENUE (Real property formerly accepted - Eng. Dept. No. 5839)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,416 be adopted. Carried by unanimous vote. Resolution No. 14,417, "RESOLUTION DENYING AN ENCROACHMENT REMOVAL AGREEMENT; CONCRETE BLOCK BUILDING 29TH AND NATIONAL CITY BOULEVARD (Westcott Motors)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,417 be adopted. Discussion re the hazards of building over sewer and the circumstances under which it could be allowed. The City Engineer was asked to advise Westcott Motors of Council's discussion. Motion carried by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,418, "RESOLUTION ESTABLISHING NO STOPPING ANY TIME ZONES ON EAST SIDE OF "I" AVENUE FROM THE CURB RETURN SOUTH TO THE FIRST DRIVEWAY AND ON THE SOUTH SIDE OF 13TH STREET FROM "1" AVENUE EAST A DISTANCE OF 25 FEET." Moved by Waters, seconded by VanDeventer, Resolution No. 14,418 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. Resolution No. 14,419, "RESOLUTION AWARDING A CONTRACT FOR TREE REMOVAL AND CURB, GUTTER AND SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS, FISCAL YEAR 84-85 (ENG. SPEC. NO. 948)." Moved by Cooper, seconded by Waters, Resolution No. 14,419 be adopted. Discussion. Motion carried by unanimous vote. Moved by Dalla, seconded by Cooper, Council's policy on leaving trees in place and pruning the roots if the property owner does not want the tree removed be rescinded. Discussion. The City Manager was requested to check and see if it would be feasible for the contractor to do other related work not covered in the contract on a 50/50 basis (the City and the property owners each paying half) up to a total of $20,000. Motion carried by the following vote, to -wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. Resolution No. 14,420, "RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR DECORATIVE FLAT STONE IN THE PUBLIC RIGHT OF WAY AT 23 MESA AVENUE (Villarta)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,420 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,421, "RESOLUTION AUTHORIZING THE ENGINEER TO SIGN AN IMPROVEMENT FOR MONUMENTATION (Mettler)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,421 be adopted. Carried by unanimous vote. 8/28/84 Book 64/Page 250 Resolution No. 14,422, "RESOLUTION AUTHORIZING THE ENGINEER TO SIGN AN IMPROVEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR AND MATERIAL (Mettler)." Moved by Dalla, seconded by VanDeventer, Resolution No. 14,422 be adopted. Carried by unanimous vote. Resolution No. 14,423, "RESOLUTION APPROVING FISCAL YEAR 1984-85 COMPENSATION PLANS FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,423 be adopted. Moved by Morgan, the motion be amended to approve only the compensation plan for the City Clerk. Amendment died for lack of second. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,424, "Resolution authorizing the filing of an application for an Urban Development Action Grant (UDAG) for RMI, Inc. Shipyard, National City, California." Discussion. Moved by VanDeventer, seconded by Cooper, this be held over one week. Discussion. Carried by unanimous vote. Resolution No. 14,425, "Resolution authorizing the filing of an application for an Urban Development Action Grant (UDAG) for Vada Industries, Chula Vista." Moved by VanDeventer, seconded by Waters, Resolution No. 14,425 be filed (funds not available). Carried by unanimous vote. Resolution No. 14,426, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTIONS OF SWEETWATER ROAD, NORTH SIDE, BETWEEN GROVE STREET AND PROSPECT STREET (SC—Z-84)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,426 be adopted. Carried by unanimous vote. Resolution No. 14,427, "RESOLUTION REQUESTING AN EXTENSION OF TIME ON THE AUTHORIZATION TO CONSIDER A SECOND HARBOR OPENING IN SAN DIEGO HARBOR." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,427 be adopted. Carried by unanimous vote. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 7, dated August 14, 1984, in the amount of $755,014.96 (Warrants Nos. 84724 through 84814, voided 84724) was presented. Moved by Waters, seconded by VanDeventer, the bills be paid and warrants drawn. Councilman Cooper said two weeks ago the Mayor asked the Finance Director to give Council a report on these warrants; it was a good idea; he did some checking and it would be a good idea for the Council members to check and see what we are paying; one thing that bugs him is that the taxpayers of the City put the money in the treasury, and we take our money and go outside the City to buy vehicles and purchase many things that we can buy within the City; we have a Purchasing Agent and we're trying to save money for the taxpayers, and we're trying to do the best job we can; however, he believes we should spend as much money as possible within the City where the taxpayers pay the taxes; there are two or three things today — one example is a van we bought somewhere up in Northern California; he intends to talk to the Purchasing Agent and see how much money we saved; they said it was put out to state bid which may have to be; he doesn't know; he intends to check this out; we do need to know what we're voting on when we vote to pay $750,000 and $200,000 each week, or every other week. Mayor Morgan said he has to vote "no" on this because he asked the City Attorney for a report on his obligation and he will continue to vote "no" until he gets the report. Councilman DaIla inquired what kind of report the Mayor is requesting. Mayor Morgan replied how much obligation he has for signing the checks; he would like to know where he stands. Councilman Dalla said the one before Council is for $755,000 and $608,000 of that is for the Plaza Bonita lease revenue bonds; he doesn't think we have any choice in paying these bills. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 8, dated August 21, 1984, in the amount of $87,909.77 (Warrants Nos. 84815 through 84870 — voided 84815) and CERTIFICATION of PAYROLL for the period ending August 15, 1984, in the amount of $275,972.75 was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. 8/28/84 Book 64/Page 251 Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Councilman Cooper said it seems strange that the Mayor has been signing the checks for 18 years and he is just now deciding he might have a responsibility that somebody hasn't told him about; he has had every opportunity to go down and check the bills; they have all the warrants and everything for him to look at. Mayor Morgan said he asked last week — he had questions on 6 of them; they're on record down there; he (City Manager) said if the Mayor asked him, he would give them to him; what did the City Manager think he was doing when he was asking those questions; he hasn't got those answers and he can't vote for it until he gets those answers. City Manager McCabe said if the Mayor wants a written report, he will give him one. Mayor Morgan said the City Manager hasn't given him an oral report either. City Manager McCabe said what the Mayor asked for last week was the opportunity to look at those bills and the warrants downstairs; they are available; the Mayor has been supplied, in the agenda, with the details; they are available for him to look at. Mayor Morgan said he would like a written report on the bills he asked about. Councilman Cooper said the Mayor did not ask for a written report; last week he said he might have to hire somebody to go down and look these bills over because he did not have the time; he did not demand that the City Manager give him a written report. Vice Mayor Waters said it was a nice detailed report and inquired if he remembered the bills the Mayor questioned last week. City Manager McCabe replied the bills the Mayor questioned do not exist in the group presented tonight. The CLAIM FOR DAMAGES of BRYON BRADLEY BANNITT, arising from an accident on June 24, 1984, and filed with the City Clerk on August 20, 1984 was presented. Moved by Dalla, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of PAULINE J. HARLESS on behalf of her grandson, ANTHONY M. ARMIJO, filed with the City Clerk on August 21, 1984 was presented. Moved by Dalla, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The application for ON —SALE BEER AND WINE LICENSE, TYPE 41, STOCK TRANSFER of THE STRAW HAT RESTAURANT CORP., 1838 Sweetwater Rd. (Police, Planning and Building Departments state no objections) was presented. Moved by VanDeventer, seconded by Cooper, this application be approved. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. The request of CENTRO DE ASUNTOS MIGRATORIOS (CAM) to serve alcoholic beverages and for waiver of fees (CAM has reserved the Kimball Community Bldg. to hold a fund raising event on October 14, 1984, approximately 300 adults expected to attend; CAM is requesting authorization to serve alcoholic beverages in conjunction with this event; City rental policy requires that the following be done when alcoholic beverages are to be served: 1. Applicant shall obtain a use permit from ABC, a copy to be filed with Public Works prior to the event; 2. A Certificate of Insurance (Personal Liability and Property Damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences) naming the City as co—insured shall be submitted; 3. Security arrangements shall be approved by the Chief of Police; CAM is also reqesting a waiver of fees for the use of the building; Public Works recommends waiver of the building rental fee of $70 for the main hall, $30 for the kitchen and utility fees of $46.35, but recommends assessment of the custodial fees of $181.65) was presented. Moved by VanDeventer, seconded by Waters, in favor of staff's recommendation (custodial fees not waived). Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS A letter from the CHAMBER OF COMMERCE REQUESTING that the City BARRICADE "D" AVE. from the 1200 to the 1400 block for use as the TRASH DROP OFF and LOADING SITE between 9:00 a.m. and 3:00 p.m. on Saturday, October 20, 1984 for the annual FALL CITY WIDE CLEAN UP was presented. Moved by Cooper, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. 8/28/84 Book 64/Page 252 A letter from the BOYS CLUB OF NATIONAL CITY requesting permission to serve ALCOHOLIC BEVE RAGES at their Western Dance and Dinner on September 29, 1984 from 7:30 p.m. to 12:30 a.m. was presented. Moved by Waters, seconded by VanDeventer, in favor of this request. Carried, by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS The Planning Department's report on PLANNING COM MISSION ACTION on an APPEAL by CHULA LUMBER COMPANY regarding the use of a MOBILE OFFICE TRAILER at 900 W. 24th St. (This report was continued from the July 24 Council meeting to allow the appellant sufficient time to bring back figures on what it would cost to build a permanent building and for the City Attorney to look at the matter and meet with the Planning Director for a report back to Council; See Document No. 70907) was presented. Planning Director Post said the Planning Commission considered this appeal and took testimony from the applicant; the Planning Com mission felt that the circumstances presented were not adequate to allow the trailer to remain on the site, and directed it to be removed in 30 days. Discussion. T. R. GONZALEZ, 900 W. 24th St., was present and requested approval to continue using their office trailer until they are able to build adequate facilities; in a desperate need to reduce expenses in order to insure their survival, they installed the office trailer; for 18 years they were a viable company exporting to Mexico, but with the devaluation of the peso, the company suffered a setback and lost many thousands of dollars; it was because of this condition that they moved their offices to the trailer in July, 1983; they have secured private financing to sustain their operations and are now beginning to hold their own; however, they must continue to hold expenses down until the situation improves; he is asking Council to accept their apology for any wrongdoing, and because of their hardship, find a way to make an exception from the rule and allow them to continue using their trailer; he is requesting 2 more years to remain where they are, have their trailer inspected if necessary, and if any adjustments are necessary for the trailer to conform to City Ordinances to allow them to make them; at the end of the 2 years, they would be able to present adequate and acceptable plans to build. Moved by Morgan, the 2 years be granted. Motion died for lack of second. Mr. Gonzalez continued, before the devaluation of the peso, his office was located at 900 W. 17th St.; in 1975, they leased the property on 24th St.; they could not afford to build an office at that time, so they leased an office at 817 W. 24th St. Discussion. Councilman VanDeventer said by the time they obtain a permit and go through the process, he would basically have 18 months; he would hate to vary from that. Further discussion. Mr. Gonzalez said they cannot borrow the money to build an office at this time. Councilman Cooper inquired how Mr. Gonzalez could assure Council that he would be able to build a building in 2 years. Mr. Gonzalez said if they cannot build a building in 2 years, they will cease operating. Further discussion. Councilman VanDeventer said Mr. Gonzalez would have 6 months to have his plans approved, and another year to construct the building; a total span of 18 months. Mr. Gonzalez said they would not be in a financial position to start building within 2 years; a permit at this time would be useless. Further discussion. J. GONZALEZ, 900 W. 24th St., was present and said until 2 years ago, they have always had adequate office space; when they moved to W. 24th St., they wanted to continue their growth and not borrow to build a building, so they rented space across the street; there has to be an exception to every rule; their long-term commitments will not allow them to come up with $36,000 to build a building; they should have the money to build in 2 years; they have updated drawings for a building but it makes no sense to submit them when they cannot afford to build. Further discussion. Councilman Cooper said if Council gives them the two years, they would then have another 18 months to complete the building; if Council gives Mr. Gonzalez 6 months to submit his plans and a year after that to complete a building, that is fair; if he comes back after 18 months and says he cannot complete the building, Council would probably feel he was trying and give him a 6-month extension. Further discussion. Moved by VanDeventer, seconded by Waters, this be denied other than the conditions discussed (obtain a building permit, at the end of six months start construction of the building with one year to complete, and if there are any problems, applicant shall come back to Council for a possible 6-month extension). Discussion. Carried, by the following vote, to -wit: Ayes: Cooper, VanDeventer, Waters. Nays: Dalla, Morgan. 8/28/84 Book 64/Page 253 The Planning Department's report on PLANNING COMMISSION ACTION on an APPEAL by BALL OLDSMOBILE regarding the use of a MOBILE TRAILER at 1935 National City Blvd. (This report was continued by Council from July 24; on July 16, the Planning Commission considered this appeal by Ball Oldsmobile for continued use of a mobile office trailer at 1935 National City Blvd.; Ball Oldsmobile had requested continued use of the trailer to serve as a body shop office and to provide office space for supervisory personnel; they indicated they had no im mediate plans to construct a permanent office facility in lieu of the trailer; the Planning Commission considered all of the testimony presented by the appellant; however, they were of the opinion that this case did not present any unique or special circumstances; they directed Ball Oldsmobile to abate the use of the mobile office trailer within 30 days since they had no plans to construct a permanent office facility; the Commission further suggested that the body shop operation presently housed in the mobile office trailer be moved to one of the existing permanent structures on site; it was observed on August 23 that Ball Oldsmobile has removed the mobile office trailer in accordance with the Planning Com mission abatement period) was presented. Planning Director Post reported this trailer was removed based on staff's recom mendation; there were 21 illegal trailers cited at the beginning of the program; only 12 remain. Moved by VanDeventer, seconded by Cooper, in favor of staff's recom mendation. Carried by unanimous vote. The Planning Department's report on REQUEST from CHUCK E. CHEESE to hold TEEN DANCES at 1143 Highland Ave. was not presented as the request had been withdrawn. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 32-84, DENYING APPLICATION for CONDITIONAL USE PERMIT on the PROPOSED SALE of ALCOHOLIC BEVERAGES for consumption off the premises, Type 21, Off Sale General, in conjunction with a proposed convenience store with deli at 3035 E. 8th St., CUP-1984-16 was considered under Public Oral Communications; Public Hearing set for 9/11/84. See Page 248, Para. 5. Planning Commission Resolution No. 37-84, APPROVING APPLICATION for PLANNED DEVELOPMENT of a 41-UNIT MOTEL on property located at the NW corner of Sweetwater Road and Cypress Street, Applicant: Davis & Davis Architects, PD-6-84 (...involves the proposed development of a 4-story, frame and stucco, 41-unit motel with swimming pool, jacuzzi and on -site parking to accommodate 48 automobiles; project site contains a total land area of 22,025 sq. ft. and is presently vacant and unimproved; development, as conditioned, will comply with all the standards for motel development as set forth in Ordinance No. 1805; proposed project, being four stories in height, will be much more intense than existing development within the surrounding area; project site would appear rather small for a 41-unit project; however, the total floor area of this project is about 13,101.50 sq. ft.; there is no height limit within this zone and the City's land use regulations provide for a floor area ratio of six; based on the total land area of the project site, the maximum floor area allowed is 132,150 sq. ft., 6 times the total land area of the site; staff's analysis indicated that the properties located between 1-805 and Plaza Bonita are generally underutilized and in need of improvement; the Planning Commission concluded that this project could help upgrade the area; staff concurs with the Planning Commission's approval) was presented. Moved by Cooper, seconded by VanDeventer, in favor of staff's recommendation. Carried, by the following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Planning Commission Resolution No. 36-84, APPROVING CONDITIONAL USE PERMIT on the PROPOSED DEVELOPMENT of a 41-UNIT MOTEL at the NW corner of Sweetwater Rd. and Cypress St., Applicant: Davis & Davis Architects, CUP-1984-13 (Ordinance No. 1805 requires that any proposal for the construction of a motel shall require issuance of a CUP; this is a companion case to application for Planned Development Permit No. 6-84, to allow development of a 4-story, 41-unit motel on property located at the NW corner of Cypress St. and Sweetwater Rd.; in considering this CUP, the Planning Com mission directed their attention to the quality and architectural design of the project to ensure that the intent and purpose of the Motel -Planned 8/28/84 Book 64/Page 254 Development Combining Zone is being satisfied; the details of project development were considered in conjunction with the companion Planned Development Permit for this project; staff concurs with the Planning Com mission's approval) was presented. Moved by VanDeventer, seconded by Cooper, in favor of staff's recommendation. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Planning Commission Resolution No. 35-84, DENYING APPLICATION for ZONE VARIANCE WITHOUT PREJUDICE to ALLOW REDUCTION in REQUIRED SETBACK on Plaza Blvd. from 10' to 8', and to ALLOW the SETBACK AREA to be SURFACED RATHER THAN LANDSCAPED, South side of Plaza Blvd. between 'L' and Palm Ave., im mediately East of 'L' Ave. extension, Z-3-84 (...involves reduction in the required 10' wide landscape setback on Plaza Blvd. to allow a portion of the proposed building to be located 8' from the property line, and remaining portions of the setback to be surfaced with decorative brick paving in lieu of landscape; at the Planning Com mission meeting of August 6, the applicant, Meyer C. Weiner, distributed a report to the Commission withdrawing the variance request; staff concurs with the Planning Com mission's action) was presented. Ordered filed by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Cooper. Planning Commission Resolution No. 39-84, APPROVING APPLICATION for PLANNED DEVELOPMENT PERMIT on the PROPOSED DEVELOPMENT of a COMMERCIAL SHOPPING CENTER on a 10—acre site with a total building floor area of 126,697 sq. ft. on property located on the South side of Plaza Blvd., between 'N' Ave. and Palm Ave., immediately East of 'L' Ave. extension, PD-4-84 (...involves the proposed development of the Bay Plaza Shopping Center, and will consist of 2 major tenant retail stores, one containing 40,000 sq. ft. and the other 21,000 sq. ft., two areas of general retail sales space having a total floor area of 42,500 sq. ft., the Plaza Terrace, a food park with boutiques and sit down type restaurants containing 21,697 sq. ft., 6 permanent kiosks for the sale of food items and miscellaneous merchandise and 1,500 sq. ft. building pad for a future building; see Document No. 70908; staff concurs with the Planning Commission's approval) was presented. The City Clerk reported Condition 8 of Resolution No. 39-94 has been appealed. Moved by Van Deventer, seconded by Waters, the entire matter be set for public hearing on September 11, 1984 (amended motion). DAN BIGGS (Engineer for project), 2727 Hoover Ave., was present and requested that the advertisement be broad enough in scope to cover whatever issues they need to address. The City Clerk said the appeal only covered Condition 8. Mr. Biggs inquired if discussion were to come up regarding something other than Condition 8, would it have to be re — noticed; he would like to avoid that. Discussion. Interim City Attorney Tobin said the rule is when you take an appeal, you take it on the whole. Further discussion. Vice Mayor Waters said this is scheduled to be advertised with only Condition 8 being appealed; this could be misleading. Further discussion. The City Clerk was requested to revise the notice to be published and mail corrected notice. Motion carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: None. Abstaining: Cooper. Planning Commission Resolution No. 33-84, DENYING APPLICATION for ZONE VARIANCE to ALLOW a STORAGE SHED (accessory structure) to be located within the required 4' side yard setback at 1807 'O' Ave., Applicant: Maria Parra, Z-7-84 (...involves the location of a wood frame and wood sided storage shed containing 173 sq. ft., adjacent to the property line within the required 4' interior side yard setback; the structure is existing and was constructed without benefit of a building permit; staff concurs with the Planning Com mission's denial) was presented. Moved by Waters, seconded by VanDeventer, this be set for public hearing (September 11, 1984). Carried by unanimous vote. Planning Commission Resolution No. 31-84, APPROVING APPLICATION for CONDITIONAL USE PERMIT to ALLOW an INCREASE in the MAXIMUM NUMBER OF STUDENTS from 30-60 children for a funded HEAD START PROGRAM at 1805 E. 17th St., CUP-1984-15 (Head Start is a federally funded program for low income families and is licensed by the Community Care Licensing Division of the Dept. of Social Services; in October, 1982, South Bay Head Start of Episcopal Community Services obtained a CUP to operate a Head Start Center for 30 children, ages 3 to 5 years, using one of the existing 8/28/84 Book 64/Page 255 classrooms within the educational building of the First Christian Church located within the 1800 block of E. 17th St., northside; South Bay Head Start is now requesting modification of their current CUP to allow an additional classroom to be used and to increase the maximum number of children from 30 to 60; staff concurs with the Planning Commission's approval) was presented. Moved by Cooper, seconded by VanDeventer, this be approved. ELIZABETH LEE, 266 Landis, Chula Vista, was present and said the hours will remain the same; the children come in two shifts — 8:00 a.m. — 11:30 a.m. and 12:30 p.m. — 4:00 p.m. Discussion. Motion carried by unanimous vote. The Building and Safety Director's report on TEMPORARY USE PERMIT — Camillo Motors was considered under Public Oral Communications; see Page 248, Para. 4. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Morgan spoke of the Samoan Church in the 1800 block of 18th St., saying they want to build a new church behind the present church; they have an easement for a drain, but the new church will not be closer than 10' to the drain; when they came in with the plans, they came up with an idea that they have to pay for all of this drain; we've put in drains in the City and paid for all the drains; this is the first time he has heard of a situation like this where they would have to put in a drain; they're not going to get close to the drain, and someday there will have to be a street in there; we've charged for streets, but as far as he knows we take care of the drains; he is surprised that staff is recommending that they (Samoan Church) pay for the drain running across their property. Councilman Cooper said this is further out on 18th St. Mayor Morgan said it is the 2800 block. Mayor Morgan inquired if we have anything in the budget set up for a drain fund. City Manager McCabe said we carry some miscellaneous funds for drains; it would depend on how big the project would be. Mayor Morgan said we used to set aside sales tax for streets and drains, but we changed it so that one quarter of it would go for streets and one quarter would go for drains; he cannot remember when we changed it, but he knows it was changed; over the years we've always put in the budget for drains; he would like to have a report on this to see where we stand on it. Councilman Cooper suggested using some of the tax increment money and putting in the drain; we've got a lot of money according to the report. Vice Mayor Waters said the church should submit what the drainage bill is and come up and present it to Council. Mayor Morgan said the church was told it would be $30,000. Planning Director Post said he vaguely recalls hearing about this problem about two or three years ago; he hasn't heard about it lately. Mayor Morgan said it's ready to go now and they have about 40-60 members, and when they come into $30,000 for a drain, they're not getting near the drain — they could deed it to the City, but what would the City do if they wouldn't accept it. Councilman VanDeventer said it's an issue Council doesn't have enough information on, and it should be brought back to Council. Councilman Cooper said it should be brought back on the agenda next week with some more information; Council can discuss it and maybe find some way to put it in. City Manager McCabe said two weeks would be better. Vice Mayor Waters said the church should submit some information on how much this would cost. CITY COUNCIL Vice Mayor called a Real Estate Committee meeting for September 4 at 4:00 p.m. Vice Mayor Waters requested a full report on the matter of additional pay for persons who retired years ago, more than was on the agenda two weeks ago. Councilman Dalla asked since the policy on the trees was changed, would that be coming back in the form of a new written policy? City Manager McCabe replied we probably should bring back our understanding of the policy. Councilman Dalla said he would like to avoid the delays we had last time. Mayor Morgan said if there is anyone who wishes to have a tree remain, they should get a copy of the new policy. 8/28/84 Book 64/Page 256 ADJOURNMENT Moved by VanDeventer, seconded by Waters, the meeting be adjourned to 4:00 p.m., September 4, 1984. Carried by unanimous vote. The meeting dosed at 9:06 p.m. 1 1/• CITY CLEIIK The foregoing minutes were approved at the regular meeting of the City Council on September 4, 1984. Corrections No corr tions R CITY OF NATIONAL CITY, CALIFORNIA 8/28/84