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HomeMy WebLinkAbout1984 11-13 CC MINBook 65/Page 52 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 13, 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 by the Rev. Mike Hanson, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Cooper, the minutes of the regular meeting of October 23, 1984 and the adjourned meeting of October 23, 1984, held on October 30, be approved. Carried by unanimous vote. PROCLAMATIONS Moved by Van Deventer, seconded by Dalla, the Proclamations be presented by title only. Carried by unanimous vote. The proposed Proclamation of "GREAT AMERICAN SMOKEOUT DAY", Thursday, November 15, 1984, was presented. Moved by Dalla, seconded by VanDeventer, in favor of this Proclamation. Carried by unanimous vote. The proposed Proclamation of "WINTER STORM PREPAREDNESS WEEK", November 12-17, 1984, was presented. Moved by Dalla, seconded by Van Deventer, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Fire Chief Kimble. PRESENTATION Mayor Morgan spoke of the Olympic Torch Run, saying this was something we needed to get this country together; the runners did a good job. Vice Mayor Waters related the story of the City's and his involvement with the Olympic Torch Run and recognized the Lions Club members who were present in the audience. Mr. Waters introduced others who ran with the torch: Mrs. Mary Brown of the Plasma Center, Mr. Carlson (representing his granddaughter who ran for the Girls' Club) and Mr. Lopez of the Boys' Club. Mayor Morgan presented medals to these runners, as well as to Vice Mayor Waters. Vice Mayor Waters placed the torch in a display case in the lobby. Vice Mayor Waters presented checks in the amount of $200 each to the Police Chief and the Fire Chief on behalf of The American Legion, Post 255. Vice Mayor Waters inquired if everyone had a ballot for com mittee appointm ents. Mayor Morgan said he would like to lay the Traffic Safety Committee appointment over until next week; he makes this appointment and he would like to interview the people. Councilman VanDeventer said Council could ballot to show the Mayor the person whom the Council supports. Interim City Attorney Tobin said Council's vote on this com mittee would be advisory only and, with that proviso for the record, Council should cast their ballots accordingly. Vice Mayor Waters introduced Mrs. Brenda Daniels, an applicant who had not been present for interview on October 30 because she received her notice late. Mrs. Daniels said she has been a resident for six years and would like to take an active part in the City. Mayor Morgan said he cannot vote on these appointm ents because he does not believe in this way of selecting members; it is not fair to the applicants. Council voted and the appointm ents were announced: Donna DeMoss to the Civil Service Com mission; Brenda Daniels, Ronald Detzer and Shirley Ferritl to the Committee on Housing and Community Development; David Gasca to the Sister City Committee; and Kathleen Van Arum recommended for appointment to the Traffic Safety Committee. Moved by VanDeventer, seconded by Dalla, in favor of these appointments. Carried, by 11 /1 3/84 Book 65/Page 53 the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. PUBLIC ORAL COMMUNICATIONS DORIS MC KINNEY (Chairman, Civil Service Commission), 120 Vatva, was present and commended Council on their idea of opening up the applications and appointm ents for Boards and Com missions. Mrs. McKinney continued, there have been some problems; people did not receive timely notice; it might be wise for Council to meet with the Chairs of the various boards and com missions to find out what each commission does and how the Chair perceives the committee; this might enable Council to formulate a plan for interviewing applicants. Mayor Morgan said he would be happy to take this into consideration. Discussion. BILL SANTAMON, 223 W. Plaza Blvd., was present and spoke of the parking problems in his area, saying it starts around 9th to Plaza, up Plaza to Hoover and Coolidge, and over to 11th and 12th; there are three or four auto mechanical places and they don't have enough space to service vehicles, so they park in the residential areas; people come home from work and have no place to park. Moved by Cooper, seconded by Morgan, the City Manager direct the Police Dept. to look into this problem. Councilman Cooper said cars double park bumper to bumper in that area; some of them don't have engines or transmissions. Motion carried by unanimous vote. Mayor Morgan said when the police are out patrolling a beat, they could check some of these things out. Vice Mayor Waters advised Brenda Daniels, Ronald Detzer and Shirley Ferrill there would be a meeting of the Committee for Community Housing and Development tomorrow at 5:00 p.m. PUBLIC HEARINGS The CONTINUED PUBLIC HEARING to consider ZONE VARIANCE to ALLOW REDUCTION in the NUMBER of OFF—STREET PARKING SPACES required in conjunction with a MEDICAL OFFICE BUILDING, including normally appurtenant uses such as X—ray, dispensary, etc., at 305-315 E. 12th St., Applicant: Gabriel Arce, Z-3-83 (On October 23, 1984, Council took action to continue the public hearing on this matter to November 13, 1984; the matter of zone variance to allow a reduction in the number of off—street parking spaces required in conjunction with an outpatient Mental Health Counseling Center at 12th & 'D', has been continued from time to time since June of last year; things have changed since the original submittal; San Ysidro Health Center no longer desires to have their mental clinic at 12th & 'D'; however, they do want to have a medical office and utilize the entire building; approval of this zone variance would allow the entire building to be used; see Document No. 71295) was held at this time. The City Clerk reported a letter had been received from Gabriel Arce requesting a 30—day continuance. Planning Director Post said staff has no new information to submit and their recommendation remains unchanged. Discussion. ALAN PERRY (Attorney representing applicant), Central Savings Tower, San Diego, was present and said Council suggested a continuance on October 23 to permit the applicant to negotiate for additional parking space; the logical property is the property owned by Mr. & Mrs. Guarano, but it is his understanding they have decided they do not want to sell; he has talked to property owners on 'D' Ave.; Mr. Sariano has requested him to ask for a continuance in order to discuss the matter further; the Sariano property faces on 'D' Ave.; however, the property is not zoned for parking; Mr. & Mrs. Sariano are in the process of getting appraisals. Planning Director Post said the Sariano property is zoned for Residential Single —Family; however, a zone change could take place; a zone change on this property would negate the need for a zone variance. Further discussion. GEORGIA GUARANO, 1133 'C' Ave., was present and said she and her husband own the property next door to the parking lot; three weeks ago Mr. Arce was given a continuance to meet with them to negotiate the possible purchase of their property; they told Mr. Arce the property is not for sale; it is her 86—year old mother's home and they bought the house for her to live in for the remainder of her life; they have a moral obligation to keep the house for her; the request for a zone variance has been pending for over a year; Mr. Arce has made no serious attempts to purchase other property in the area until now; parking is a real problem. Mrs. Guarano submitted a petition signed by the people directly affected in the immediate area requesting that the zone variance be denied. Interim City Attorney Tobin said the presentation made should go to the question of the continuance; it is possible that if the matter is continued, these people should be ready to return in 30 days. Further discussion. Mrs. Guarano 1 11 /13/84 Book 65/Page 54 continued, she objects to the continuance. MITCHELL GUARANO, 410 Harbison, was present and said he is opposed to the continuance; this issue has been continued many times; he feels the continuance should be denied. ROY THOMAS, 1045 'C' Ave., was present and said he is opposed to the continuance; the parking problems are increasing daily. ABEL VALENCIA, 2868 Grove, was present and said he is opposed to the zone variance; the City is making it too easy for businesses to come and ask Council to do the dirty work. SAMMY LYNCH, 1106 'D' Ave., was present and said this has gone too far; he is opposed to the continuance. MARIO GARGA, 1120 'D' Ave., was present and said he lives next door to Mr. Sariano, and is opposed to the continuance, and inquired what would happen to his property. J UNE L. ROSS, 1039 'D' Ave., was present and said she is opposed to the continuance. Further discussion. Mayor Morgan said he is not opposed to the clinic, but they need to solve their parking problems. Moved by Cooper, seconded by Waters, the continuance be denied. Discussion. Carried by unanimous vote. ALAN PERRY returned to the podium and said the applicant has no further testimony. Moved by Waters, seconded by Van Deventer, the Public Hearing be closed and the zone variance be denied. Carried by unanimous vote. The PUBLIC HEARING on the PROPOSED GROVE WAY REORGANIZATION INCLUDING ANNEXATION TO THE CITY OF NATIONAL CITY and DETACHMENT FROM THE LOWER SWEETWATER FIRE PROTECTION DISTRICT, THE SPRING VALLEY SANITATION DISTRICT and THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT — Zone 3 (On September 10, 1984, LAFCO held a public hearing and adopted a resolution approving the proposed annexation of 2.18 acres known as the Grove Way Reorganization; at that time they designated National City as the conducting authority and authorized the City to begin annexation procedures; the Grove Way Reorganization is located north of Sweetwater Rd., west of 1-805, im mediately north of the Sweetwater Town and Country Shopping Center; there are seven parcels involved in the annexation, four of which are vacant and three that have single—family dwellings on them; the proponent owns 55% of the affected land area and has an additional 25% in escrow for a total of 80%; a public hearing is required since two owners of property within the affected area have not provided consent for the reorganization; the proponent is requesting the annexation in order to provide City services for a master planned retail center; staff recom mends approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post said LAFCO approved the annexation and staff recommends approval as well. ABEL VALENCIA, 2868 Grove, was present and said he owns one piece of property in National City and one in Lincoln Acres; this annexation is the process by which National City could condemn his piece of property as they did the one in the City; after it was annexed, it would be taken by eminent domain; this is a proposal by a private individual for private development; he does not want to come into a City that would take his home. No one else was present to speak in this regard. Moved by Van Deventer, seconded by Waters, the Public Hearing be closed and the annexation be approved. Carried by unanimous vote. The PUBLIC HEARING on APPEAL of PLANNING COMMISSION APPROVAL of CONDITIONAL USE PERMIT to ALLOW a 3—STORY, 21—BED, BOARD AND CARE FACILITY for the elderly on property located within the 700 block of 'G' Ave., west side, Applicant: Miguel Belisario — Pacific Delta, CUP-1984-14 (...involves a board and care facility for the elderly and is designed to provide more than the minimum required physical features for such a facility; Title 22 of the California Administrative Code requires at least one toilet and wash basin for each six residents, and at least one bath tub or shower for each ten residents; the developer will provide one toilet and wash basin in each room occupied by two residents; the building will contain a useable floor area of 7,597 sq. ft., and provides a basement level devoted to off—street parking that will accom modate nine automobiles [ minimum number required by the City's Land Use Regulations ]; in addition, the management of this facility proposes to make available to the residents, on a 24— hour basis, a driver and transportation; this facility will provide 18 two —bed units and 3 one —bed units; an administrative office, central kitchen with common dining and social hall, a laundry and lounge area; the design and height of the proposed structure will be compatible with the character of the existing multi —family residential structures located north and south of the project site; the project site contains a total land area of 7,043 sq. ft. and is presently vacant and unimproved; Combined Zoning and General Plan designation at this property is Commercial General; originally, this project consisted of a proposed 4—story building with a total floor area [excluding basement ] of 11,505 sq. ft.; thirty six beds and off—street 11/13/84 Book 65/Page 55 parking for six automobiles; development as then proposed required issuance of a zone variance to allow reduction in the number of off—street parking spaces required from fourteen to six; the Planning Commission, when considering the matter of zone variance at the public hearing, took action to continue the public hearing and direct that the applicant try to redesign the project to provide additional parking; subsequently, the applicant scaled the project down from four to three stories to eliminate the necessity of a zone variance and withdrew his application; staff concurs with the Planning Commission's approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Discussion re parking. Councilman VanDeventer said he is concerned about putting a health facility in that area; there is no parking. Vice Mayor Waters said he agrees with Councilman VanDeventer. No one was present to speak in this regard. Moved by VanDeventer, seconded by Waters, the Public Hearing be closed and and approval of the CUP be denied. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. The PUBLIC HEARING on APPEAL of PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE of CONDITIONAL USE PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES as an INCIDENTAL USE in conjunction with a bona fide public eating place, between the hours of 12 midnight and 2:00 a.m. at 105 E. 8th St., Applicant: McDini's Inc., CUP-1984-23 (On August 9, 1982, the Planning Commission considered an application for Conditional Use Permit 1982-11 on the proposed use of property at 105 E. 8th St., McDini's Restaurant, for live entertainment and dancing in conjunction with the restaurant; Com mission action was to deny without prejudice based on the applicant's request to withdraw the application; the Planning Commission's decision on this matter was not appealed and Council took action to file the matter; on September 9, 1982, the Planning Commission considered an application for Zone Variance Z-6-82 to allow the sale of alcoholic beverages in conjunction with McDini's Restaurant between the hours of 12 midnight and 2:00 a.m.; the Commission's action was to deny this Zone Variance without prejudice; this decision was followed by an appeal; the denial was upheld by Council for legal reasons related to the eligibility of the Zone Variance under State Law; on April 7, 1983, McDini's Inc. filed an application for CUP-1983-5 to allow on —sale alcoholic beverages between the hours of 12 midnight and 2:00 a.m.; on July 18, 1983, the Planning Com mission denied this CUP request because of the effect it would have on adjoining properties and police protection; this decision was appealed by Council on August 9, 1983; this appeal was continued from time to time until January 10, 1984, at which time Council denied the CUP without prejudice and directed that if the applicant files again, fees be waived; C UP-1984- 23, filed with the Planning Dept. on August 14, 1984, requests to serve alcoholic beverages after midnight on the restaurant premises; a Type 47 on —sale general liquor license is presently in effect for these premises; on September 17, 1984 the Planning Commission voiced concern about the timing of this application and the effect of approving the CUP on the City's Downtown Redevelopment Project because conditions have not changed significantly from that which existed in April of last year; also, Hermina Schmidt, who lives adjacent to the alley behind the parking lot of McDini's, was present at this hearing to speak against the granting of the CUP based on noise factors; staff concurs with the Planning Commission's denial without prejudice) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file, and a request for continuance to January 22 has been received. VE RL MASON, 930 'B', Apt. 16, was present and said midnight is late enough for alcohol to be consumed; he would not want to be awakened by the noise at 2:00 a.m.; he is opposed to a continuance. Discussion. Councilman VanDeventer said we have a situation where it won't do any good to keep continuing it until we do what we want to do in the downtown area; the applicant can reapply when the climate is better. RON SCHLICTENMEYER, Bailey's Hardware, was present and said he does not like to oppose a fellow businessman, but the windows in his store have been replaced many times; he doesn't want to encourage any more undesirables to come into the City; he has nothing against McDini's; they run a good business; he feels the continuance should be denied; he is concerned about the safety of his customers and the people of the City. MARY LOUISE MARTIN, 1527 E. 15th, was present and said she is against the continuance because she has worked hard for downtown redevelopment. Moved by Waters, seconded by Cooper, the continuance be denied. Carried by unanimous vote. HER MINA SCHMIDT, 716 '8', was present and said her kitchen and dining room face McDini's parking lot; she has seen the Police in their parking lot at least three times and one night there was a fight; she doesn't want the noise 1 1 /1 3/84 Book 65/Page 56 until 2:00 a.m. Moved by Cooper, seconded by VanDeventer, the Public Hearing be closed and the CUP be denied without prejudice. Carried by unanimous vote. The PUBLIC HEARING on APPEAL of PLANNING COMMISSION APPROVAL of PLANNED DEVELOPMENT PERMIT to ALLOW development of THREE DETACHED, SINGLE—FAMILY DWELLINGS on property containing 18,000 sq. ft. at 304 Norton Ave., Applicant: Robert Thompson, Case File No. PD-7-84 (...involves the development of three detached, single —story, single—family dwellings on a parcel of land that measures 75' in width by 240' in depth; two of the dwellings will have a total floor area of 1,040 sq. ft. and the other 1,126 sq. ft.; each dwelling contains three bedrooms and will be provided with an attached carport for two automobiles and an area of private usable open space varying in size from 500 sq. ft. to 615 sq. ft.; the project site is presently improved with one single—family dwelling that is proposed to be removed; Combined Zoning and General Plan designation of this property is Residential, Single —Family Extendable, Planned Development Overlay; this zoning allows one detached single—family dwelling for each 5,000 sq. ft. of land area; the neighborhood is residential in character; staff recom mends approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post said the Planning Commission and staff recommend approval. Councilman VanDeventer said he would like this to be amended to replace the carports with garages. Discussion. Councilman Dalla inquired if we could require the driveways to be cement rather than asphalt. Planning Director Post said we could. Moved by Waters, seconded by VanDeventer, the Public Hearing be closed, the Planning Commission approval be upheld, subject to all stipulations, and including garages be constructed in lieu of carports and the driveways will be cement. Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Waters, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,464, "RESOLUTION AUTHORIZING PAYMENT TO AMERICAN GOLF CORPORATION AND APPROPRIATING FUNDS FOR ROUGH GRADING WORK (INCLUDING DRAINAGE)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,464 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,465, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATE GRANT DEED (Mario & Rose J. Cioe, JT)." Moved by Dalla, seconded by Cooper, Resolution No. 14,465 be adopted. Carried by unanimous vote. Resolution No. 14,466, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATE GRANT DEED (Harris & Martha Howell, JT)." Moved by Van Deventer, seconded by Cooper, Resolution No. 14,466 be adopted. Carried by unanimous vote. Resolution No. 14,467, "RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATION FACILITIES ACT OF 1984 FOR LAS PALM AS RECREATION CENTER." Moved by Van Deventer, seconded by Waters, Resolution No. 14,467 be adopted. Carried by unanimous vote. Resolution No. 14,468, "RESOLUTION AUTHORIZING APPROPRIATION OF FUNDS AND AWARDING OF CONTRACT PERTAINING TO THE SPACE REQUIREMENTS STUDY." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,468 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,469, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA PROVIDING FOR THE USE OF CHULA VISTA'S POUND FACILITIES AND SERVICES." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,469 be adopted. Carried by unanimous vote. Resolution No. 14,470, "Resolution accepting conveyance of property for street purposes (Ardilla and Howell)." was pulled at the request of the City Clerk with concurrence by the City Attorney. 11/13/84 Book 65/Page 57 Resolution No. 14,471, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN IMPROVEMENT AGREEMENT BETWEEN GROVE PLAZA, LTD. AND THE CITY OF NATIONAL CITY." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,471 be adopted. Carried by unanimous vote. Resolution No. 14,472, "RESOLUTION APPROVING AN ENCROACHMENT REMOVAL AGREEMENT FOR A PARKING LOT IN THE PUBLIC RIGHT—OF—WAY OF PARADISE CREEK S. OF PLAZA BLVD. AND E. OF GROVE STREET (Grove Plaza, Ltd.)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,472 be adopted. Discussion. Carried by unanimous vote. Moved by VanDeventer, seconded by Cooper, the piece of property east of the Grove St. turn —in, the box culvert on the piece of property the City owns, be referred to the Real Estate Committee. Carried by unanimous vote. Resolution No. 14,473, "RESOLUTION AMENDING 'RESIDENTIAL PERMIT PARKING POLICY' AS ADOPTED BY RESOLUTION NO. 14,357." Moved by VanDeventer, seconded by Waters, Resolution No. 14,473 be adopted. Interim City Attorney Tobin said the amendment to the Resolution being proposed is to add a penalty provision which is appropriate insofar as it goes; however, if this Resolution passes, there will have to be additional action taken, perhaps in the form of an Ordinance amending the Code which we will take care of; this, however, will serve as an expression of intent; this Resolution adds a penalty provision to the policy; however to make it enforceable, we will have to take an additional step; as the Resolution reads, this is in the nature of an infraction and we will have to go ahead and be sure that everything is in order as far as the Ordinances are concerned and so far as the infraction policy; this wouldn't be a misdemeanor, but it is a penalty provision; Council will probably be asked to amend the code. Motion carried by unanimous vote. Resolution No. 14,474, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY SPECIAL PERMIT (333 CIVIC CENTER DRIVE — FILES)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,474 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,475, "RESOLUTION AUTHORIZING MAYOR TO SIGN AND APPROVING THAT CERTAIN MODIFICATION OF BASIC CONTRACT WITH THE NAVY FOR SEWAGE SERVICE (N62474-80—C-5105)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,475 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,476, "RESOLUTION ACCEPTING CONVEYANCE OF PROPERTY FOR STREET PURPOSES LOCATED AT 1625 ORANGE STREET." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,476 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,477, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR DRAINAGE AT PARADISE CREEK AT GROVE STREET." Moved by Waters, seconded by VanDeventer, Resolution No. 14,477 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,478, "RESOLUTION AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE AGREEMENT BETWEEN GROVE PLAZA, LTD. AND THE CITY OF NATIONAL CITY (Grove Street)." Moved by VanDeventer, seconded by Waters, Resolution No. 14,478 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 14,479, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR STREET RESURFACING PROJECT (ENG. SPEC. NO. 945)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,479 be adopted. Discussion. Carried by unanimous vote. Mayor Morgan called a recess at 8:55 p.m. Council reconvened at 9:00 p.m. 11 /1 3/84 Book 65/Page 58 ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS (cont'd.) Resolution No. 14,480, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR TREE REMOVAL AND CURB, GUTTER AND SIDEWALK REPLACEMENT (FY 84-85, Eng. Spec. No. 948)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,480 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,481, "RESOLUTION DENYING WITHOUT PREJUDICE AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (TYPE 41 LIQUOR LICENSE) AS AN INCIDENTAL USE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE AT PLAZA BOULEVARD (CUP-1984-18, Applicant: Delia V. Ramos)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,481 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 14,482, "RESOLUTION ORDERING GROVE WAY REORGANIZATION INCLUDING ANNEXATION TO THE CITY OF NATIONAL CITY AND DETACHMENT FROM THE LOWER SWEETWATER FIRE PROTECTION DISTRICT, THE SPRING VALLEY SANITATION DISTRICT AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT — Zone 3." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,482 be adopted. Carried by unanimous vote. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 17, dated October 23, 1984, in the amount of $168,535.45 (Warrants Nos. 85429 through 85510), CERTIFICATION of PAYROLL for the period ending October 15, 1984 in the amount of $263,147.54, RATIFICATION of WARRANT REGISTER NO. 18, dated October 30, 1984, in the amount of $206,256.61 (Warrants Nos. 85511 through 85579 [void 85511 1), RATIFICATION of WARRANT REGISTER NO. 19, dated November 6, 1984, in the amount of $332,444.04 (Warrants Nos. 85580 through 85619), and CERTIFICATION of PAYROLL for the period ending October 31, 1984, in the amount of $278,554.10, was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The CLAIM FOR DAMAGES of JOHN and FUMIKO BALENTINE, arising from alleged sewer damage on August 29, and filed with the City Clerk on November 1, 1984 was presented. Moved by Dalla, seconded by Cooper, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of HAROLD TAYLOR, relating to an alleged continuing injury, and filed with the City Clerk on October 29, 1984 was presented. Moved by Dalla, seconded by Cooper, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of MICHAEL ANTHONY BOYKIN, arising from art incident on August 26, 1984, and filed with the City Clerk on October 18, 1984 was presented. Moved by Dalla, seconded by Cooper, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of STEPHEN JOHN MC COY, arising from an accident on October 8, 1984, and filed with the City Clerk on November 7, 1984 was presented. Moved by Dalla, seconded by Cooper, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Councilman VanDeventer inquired how long it takes to settle a claim such as sewer damage when the claimants are blameless. Interim City Attorney Tobin said when Council denies a claim, it sets the stage for the litigation process; it is up to the claimant to move it along and the time frame varies. Councilman VanDeventer said when people are flooded out of their home, they call a plumber and then the City comes out and takes care of the problem; they should not have to pay the v 1 1 /1 3/84 Book 65/Page 59 money out of their pocket until the claim is settled. Mayor Morgan said the sewer crew does everything underground and the Public Works (Street Crew) does everything on top and he does not believe that is the correct policy; he receives a lot of calls about sewer backups; we should get to the sewers quicker than the drains. Public Works Director Williams said the sewers are flushed regularly. Discussion. WRITTEN COMMUNICATIONS A letter from Frank Chenelle, President, Sweetwater Basketball Boosters, requesting funds to help finance the Sweetwater High School's Basketball Team trip to Yugoslavia was presented. Moved by Van Deventer, seconded by Waters, the City contribute $250. Carried by unanimous vote. NEW BUSINESS The request of the NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION to SERVE ALCOHOLIC BEVERAGES (The N.C.M.E.A. has reserved the Kimball Community Bldg. on December 8, 1984 to hold their annual Christmas Dinner/Dance, approximately 200 adults expected to attend; the M.E.A. is requesting Council authorization to serve alcoholic beverages at this dinner/dance; City rental policy requires that the following be done when alcoholic beverages are to be served: 1. Applicant shall obtain a use permit from the 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) was presented. Moved by Cooper, seconded by Van Deventer, in favor of this request, subject to the three stipulations. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. The request for EXTENSION OF TIME — TENTATIVE SUBDIVISION MAP FOR "MORNING BREEZE" SUBDIVISION, south side of 16th St. between Euclid and Lanoitan Avenues, Proponent: Erick L. Ricci, SRT Engineering and Associates (On October 26, 1982, Council approved the tentative map for "Morning Breeze" Subdivision, a 16—lot subdivision of 2.58 acres; this tentative map is due to expire on November 9, 1984 if not renewed; subject tentative map was a resubmittal of a previously approved subdivision (S-35) which expired on May 11, 1982; the current tentative map is substantially the same 14 single—family lot design approved in May, 1979, except that an adjacent parcel with two existing single—family homes was included within the subdivision; this was done in order to allow "Morning Breeze Circle" to gain access to Lanoitan Ave. through the parcel; the two parcels created are now numbered 15 and 16; by letter dated October 20, 1983, Southern California Equities, a California Corporation, requested an extension of the subject tentative map for a period of twelve months; no action was taken on this request because at that time, the map was not due to expire for another thirteen months; by letter dated October 17, 1984, the proponent, representing Southern California Equities, is requesting that a three year extension be granted to Morning Breeze Tentative Map; staff feels that three years may be excessive; conditions within the area may change, and therefore recom mends an extension be granted for a period not to exceed two years) was presented. JOHN CLARK, 2457 Calle Tortuosa, San Diego, was present and said he is the agent for a general partnership of 42 owners of this land; the property was previously owned by a contractor/developer named Mr. Gregorio; in 1982, Mr. Gregorio went to a mortgage broker, Southern California Equities, and requested a large short—term loan for development of the property; the property was lost in foreclosure, effective July 15, 1983, and the present owners took title to the property. Discussion. Mr. Clark continued, there was an attempt to sell the property in an as —is condition, but it went nowhere; the person who had sold the property to the investors fronted the money for legal and engineering expenses to go to a final map; Mr. Ricci has been working with Mr. Post to proceed to a final map; they are not dragging their feet; they did not have control of the situation to do this in a timely manner. Further discussion. Moved by Morgan, seconded by Cooper, this be approved for two years. Discussion. One of the partners, ERICK RICCI, 1014 W. Washington, San Diego, was present and said he requested the extension over a month ago, before the tentative map expired. Interim City Attorney Tobin said the request was timely filed. Mr. Ricci said he really didn't know how many more problems have to be solved, but he figures the two years will give them enough time to complete the project and work out all the problems. Further discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. 11/13/84 Book 65/Page 60 PLANNING COMMISSION — NOTICES OF DECISION Planning Commission Resolution No. 53-84 APPROVING CONDITIONAL USE PERMIT to ALLOW an ALCOHOLIC RECOVERY MEETING AND SOCIAL HALL at 1007 National City Blvd., Applicant: Armida C. Valenzuela, Case File No. CUP- 1984-25 (The Latino Alano Club, Inc., is a Hispanic community effort involving an alcoholic recovery m eeting and social hall for the Hispanic com munity; the premises will be used for meetings and socializing only; the club by—laws preclude anyone from living on club premises; this club has five alcoholic recovery meetings per week and one non—alcoholic family member meeting each Wednesday from 8:15 to 9:30 p.m.; they also have a monthly hospital and institutional business meeting; the applicant has advised that their meetings range in size from two to twenty recovering alcoholics; they presently have seating for twenty—seven; the Latino Alano Club has obtained written permission from Weisser Sporting Goods, 1018 National City Blvd., to use their parking facility for club member parking after 6:00 p.m. Monday through Thursday and Saturday, and after 9:00 p.m. on Fridays; there are about 30 parking spaces in this facility; Combined Zoning and General Plan designation of this property is Commercial Medium; staff concurs with the Planning Commission's approval) was presented. DON CHASE, 1223 E. 7th, was present and said this is not a good location for this type of place; there is no parking; he doesn't feel this is what the City had in mind for improving National City Blvd. Councilman VanDeventer said we have a big problem down there at night; he feels there is a need for this type of facility, but he doesn't feel this is the right location. Moved by Waters, seconded by Van Deventer, this CUP be denied. Discussion. Motion and second withdrawn. Moved by Waters, seconded by VanDeventer, this be set for public hearing. Carried by unanimous vote. The recommendations of the STREET TREE AND PARKWAY COMMITTEE from their meeting of October 18, 1984 (The following street tree removals: 2730 'B' Ave., Zenaido Villalobos, two street pepper tree roots are breaking retaining wall, $30 toward replacement is to be paid; 2830 ')' Ave., Mrs. Elizabeth Tompkins, a parkway tree roots creating possible hazard to new sidewalk, $15 toward replacement is to be paid; 311 N. 'R' Ave., Warren Smith, parkway tree has become overgrown for the area and is cracking the curb, no replacement due to narrow parkway) were presented. Moved by VanDeventer, seconded by Cooper, in favor of the Street Tree and Parkway Committee's recommendations. Carried by unanimous vote. The City Clerk's report on OPENING of SEALED BIDS, RECONSTRUCTION of 24TH STREET SEWER BETWEEN NATIONAL CITY BLVD. AND HOOVER AVE. and VARIOUS SANITARY SEWER MANHOLES in the City, Spec. No. 950 (Bids for the above named project were to have been opened after 3:00 p.m., Monday, November 5, 1984; the bids were advertised in the Star News on October 18 and October 25; copies of plans and specs were mailed to the trade papers on October 4; no bids were received; this is the second time this project has been put out to bid with no response) was presented. Councilman Van Deventer inquired if this project could be tacked onto another project at a later date. Public Works Director Williams replied it can be. Moved by Dalla, seconded by Van Deventer, this be referred to the Engineering staff. Carried by unanimous vote. The Public Works Director's report on TELEPHONE PURCHASE STUDY CONTRACT AWARD (The telephone equipment currently in use by the City is old, worn out and uses outmoded technology; the CIP contains an item to hire a contractor for a three—phase program to assist the City in obtaining modern and economical telephone equipment; see Document No. 71296; staff recommends contract award be authorized) was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Discussion. Carried by unanimous vote. The Engineering Department's report on DRAINAGE PROBLEM at 9TH & EDGERTON (Council directed the Engineering Dept. to investigate the drainage problem in the vicinity of 934 and 942 9th Street and report on the solution and cost; in order to permanently solve the problem, it is proposed to establish a plan and profile for 9th St., and install a drainage system that would catch the surface flow and convey it downstream through a reinforced concrete pipeline southerly to Plaza Blvd., westerly to Highland Ave., and southerly to a concrete box just north of 12th St., this box conveys Paradise Creek flow westerly to the Sweetwater River; a drainage easement will be required from the property owner of the parking lot fronting 9th St. and Plaza Blvd.; staff recommends funding be established for 11/13/84 Book 65/Page 61 this project) was presented. Vice Mayor Waters inquired how the temporary relief is working out. Public Works Director Williams replied it is working so far, but it will not handle a heavy rain. Discussion. Mr. Williams continued, the pipe has to come across private property and if the property owner will not give an easement, he's not sure how it could be done; if it comes down on to Plaza, the water would come down with such force that there would be sheet water flow that would go across Plaza Blvd. and cars would lose control. Moved by Dalla, this be referred to next year's CIP Committee budget for consideration. Motion died for lack of second. Discussion. Councilman Cooper said this is a serious problem; if there is a big rain, there will be several houses flooded down there and the City will have to refurnish them; the Engineering Dept. came up with a recommendation which died; Mr. Williams corrected the problem temporarily, but we need to look for some money and get this thing in before there are lawsuits. Further discussion. Mayor Morgan suggested putting in a bigger pipe. Mr. Williams said his department could do that, but drainage law is peculiar and he is concerned about the legal aspects. Moved by Morgan, seconded by Waters, this be referred to staff to see what they can come up with. Further discussion. Mayor Morgan inquired how much this drain would cost and was advised it would cost $100,000. City Manager McCabe said we have reserve funds that could be tapped. Motion and second withdrawn. Moved by Waters, seconded by Cooper, $100,000 be taken from reserve funds to take care of this problem. Discussion. Motion carried by unanimous vote. Discussion. City Engineer Stafford said the plans are not ready; it would be possible to have a bid opening in 90 days, with a construction period of approximately another 90 days. City Manager McCabe said there is an easement problem, and the time Iimits cannot come true if agreement could not be negotiated. Mayor Morgan said start negotiating an easement and if the City can't get it, it will come back to Council. Further discussion. The Asst. to the City Manager/Personnel's report on OPTIONAL BENEFITS FOR PRIOR RETIREES was presented. Moved by Morgan, seconded by Van Deventer, this be put on next week's agenda. Carried by unanimous vote. The request of SAN DIEGO DISTRICT UNITED METHODIST CHURCH for TEMPORARY USE PERMIT, CLASS A (On November 23, commencing at 9:00 a.m. to November 24 at 1:00 p.m., the applicant requests to utilize City sidewalks in the vicinity of 242 E. 8th St., east on 8th St. to Euclid Ave., north on Euclid Ave. to the City boundary for walkers progressing from the church on 8th St. to Lemon Grove; the purpose of this request is for solicitation of funds for church use; the applicant also requests a waiver of the $100 TUP fee, $50 inspection fee, $50 per day business license fee and $2,500 clean—up bond; all departments have approved this application; staff recommends approval subject to the Police Department's condition: "Walkers shall obey all traffic laws"; applicant shall submit to City a Certificate of Insurance) was presented. Moved by Van Deventer, seconded by Cooper, this be approved subject to all conditions of staff. Carried by unanimous vote. The request of the Eagles for a TEMPORARY USE PERMIT to hold "LAS VEGAS NIGHT" on December 1, 1984 from 6:00 p.m. to 12:00 p.m. at 1131 Roosevelt Ave. (The Fraternal Order of Eagles requests a TUP for a "Las Vegas Night" to be conducted in their meeting hall located at 1131 Roosevelt Ave., profits to be used to purchase toys for the annual Christmas Party; Class A temporary use permits require Council approval; the applicant also requests waiver of the $2,500 clean—up bond, $100 TUP fee, $50 inspection fee and the $25 per day I icense fee; staff recommends approval subject to conditions of Police regulations and Fire Department's requirement to obtain separate permit from them prior to the event) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. CITY MANAGER— No report. CITY ATTORNEY— No report. OTHER STAFF The City Clerk reported the Registrar of Voters' Semi —Official Returns on Proposition P: Downtown Redevelopment — 4,399; Seniors' Housing — 4,369. MAYOR Mayor Morgan reported there is a need for a "Stop" sign at Cal moor and 11/13/84 Book 65/Page 62 Sweetwater Rd. Moved by Morgan, seconded by Dalla, this be referred to the Traffic Safety Committee. Carried by unanimous vote. Mayor Morgan said he received a note that the Purchasing Agent was hiring other people and has gotten into moving houses; she was not hired for that; she should stick to purchasing and let the Engineers get back into the other; she should not be building an empire. CITY COUNCIL Vice Mayor Waters said he wanted to congratulate staff; two different police officers came to him and said they were proud to have Mr. Tobin represent them in court; he refused to plea bargain and won both cases. Vice Mayor Waters reported a new City Attorney will be chosen tomorrow afternoon and this Council meeting should be adjourned to that time. Councilman Cooper said a couple of weeks ago we had Bay City Marine here and the Building & Safety Director was asked to come back with some plans, etc. on November 27; he will not be present then and asked that the date be changed to November 20; it was all right with Mr. Reid and Bay City should be notified. ADJOURNMENT Moved by Cooper, seconded by Waters, the meeting be adjourned to 2:30 p.m., Wednesday, November 14, 1984. Carried by unanimous vote. The meeting closed at 9:55 p.m. CITY CLERIf[ The foregoing minutes were approved at the regular meeting of November 20, 1984. Corrections No corrections MAYO, CITY OF NATIONAL CITY, CALIFORNIA 11/13/84