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HomeMy WebLinkAbout1983 03-08 CC MINBook 63 Page 33 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 8, 1983 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: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Campbell, Gerschler, McCabe, McLean. 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. Thom Taylor, First United Methodist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of March 1, 1983 be approved. Carried by unanimous vote. PROCLAMATION Moved by Van Deventer, seconded by Camacho, the Proclamation be read by title only. Carried by unanimous vote. The Mayor's proposed Proclamation of "MENTAL RETARDATION MONTH - March, 1983." was presented. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Mr. Acuna. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The Public Hearing on PROPOSED CHANGE of STREET NAME, old CIVIC CENTER DRIVE between I-5 and National City Blvd. (... for the single question of changing the name of Civic Center Dr. to accommodate the recently approved realignment of Civic Center Dr. from I-5 to Highland Ave., along 12th St.; the Post Office will cooperate by delivering to old addresses for at least a year following name changes to mitigate the cost and inconvenience to the persons affected) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Mayor Morgan said he asked the City Manager to see what can be done on this name change; he is working on it, but will need time to study it; possibly we can leave Civic Center Drive as it is without changing the name. Discussion. Mayor Morgan continued, he does not want to get into anything that will cost the City a lot of money; he would like to know how much this would cost the City first. Further discussion. JENNIE HERRERA, 218 Civic Center Dr., was present and said she is chairperson for the Old Town Citizens' Action League; the businesses and residents do not want the street name change. Mayor Morgan replied if Council goes along with his recommendation, the City Manager will study this for six months; the City wants to leave the street name the same. JACK BAZZI (owner, Cozine's Market), 402 Civic Center Dr., was present and said he does not want the street name changed; it is a waste of taxpayers' money; the money should be spent on street repairs; he would have to change all his licenses (business, liquor etc.), his checks, etc.; this costa a lot of money. PERLA MEDINA, 321 Civic Center Dr., was present and said she is protesting the street name change; it will cause problems for people and cost money. ABEL GUIDO, 3212 Civic Center Dr., was present and said if the street name is changed, it will cause problems with mail; when it was 3/8/83 Book 63 Page 34 changed from 13th to Civic Center Dr., his important mail (checks, bills, income tax) was misplaced. FRANK ROGERS, 1524 'D' Ave., was present and said he is the plant manager of Master Machine; when the street was changed from 13th to Civic Center Dr., it cost Master Machine somewhere near $6,000; this time it would cost about $12,000. ANGELA ROBLES, 58 Bishop, Chula Vista, was present and said Junior Robles did a lot for National City and she does not think it is too much to ask to name a street for him; Junior Robles would be honored and grateful to the person or persons who had the idea; she would like the residents of Civic Center Dr. to reconsider their protests. Discussion. CHARLES HERRERA, 218 Civic Center Dr. was present and said if Council would notify Mrs. Herrera when the next hearing will be, she will notify the others. Consensus that everyone on the mailing list be notified. Moved by Van Deventer, seconded by Camacho, this be continued for 6 months with the idea that Civic Center Dr. will not be changed and we will come up with a new idea for the new street. Carried by unanimous vote. The Public Hearing to CONSIDER MODIFYING the CONDITIONS attached to the APPROVAL of PLANNED DEVELOPMENT (PD-1-82) for a MC DONALD'S RESTAURANT that would ALLOW CHANGE of the REQUIREMENT for CLOSING THROUGH TRAFFIC on GROVE ST. between Plaza Blvd. and 14th St. (The following alterna- tives are available for consideration: a. close the public hearing and reaffirm Council's previous decision to close Grove St. to through traffic between Plaza Blvd. and 14th St., b. close the public hearing and take action to leave Grove St. open to through traffic, c. continue the public hearing and refer the matter to staff for reconsideration of specific details [to be specified in City Council motion]; staff recommendation: After Euclid Ave. has been opened between Plaza Blvd. and 14th St. [probably FY 83-84] the closing of this street would not severely disrupt neighborhood traffic flow patterns; such closing would reduce traffic noise and conflicts in the immediate residential neighborhood; the preferences shown by the persons residing nearby would seem to be a strong indicator for settling this question; staff recommends the matter be evaluated after this public hearing has been closed; it is recommended that if the cul-de-sac is required, the underlying street R.O.W. not be vacated; this would allow re -opening the roadway if that should become necessary later) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler said Council approval carried a condition that a cul-de-sac be built on Grove St. near 14th; Council has decided to reexamine that tonight. LUDLOW KEENEY (legal Counsel for property owners), San Diego, was present and said the property owners would abide by whatever decision Council makes; they do not have any strong feelings about the cul-de-sac. GARY FARIS, 1417 Grove St., was present and said the property owners' feelings are negative; they don't feel that their questions and objections have been answered; the only way this is going to work is to build Euclid through, build the project, and then put in the cul-de-sac. Discussion. Councilman Van Deventer said he feels the cul-de-sac is important, but not the total answer; we need to do a traffic study of the lights on Plaza. Moved by Camacho,;seconded by Van Deventer, the Public Hearing be closed and the cul-de-sac approved. Discussion. BUCK BUCHANAN, 980 Albian, San Diego, was present and said he was confused about what they had voted on. Mayor Morgan replied the cul-de-sac would be built and the project will continue. Discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters, Morgan. Moved by Van Deventer, seconded by Dalla, a traffic study be conducted before any other development is made to the East or West of this property. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters, Morgan. 3/8/83 Book 63 Page 35 The Public Hearing on APPEAL of Planning Commission DENIAL of APPLICATION for CONDITIONAL USE PERMIT to ALLOW CONVERSION of a SINGLE- FAMILY DWELLING to a CHURCH and RECTORY at 2139 E. 12th St., Case File No. CUP-1982-22 (On January 17, 1983, the Planning Commission denied this application for the reason that evidence and testimony presented failed to support a finding that the proposed use will not have an adverse effect upon adjacent or abutting properties; ... involves the conversion of a split-level, single-family dwelling to a church and one - bedroom rectory; plans submitted as part of the application indicate that 5,900 sq. ft. of the site will be improved for off-street parking [17 spaces are shown]; land use within the immediate area consists of detached single-family dwellings to the East and West, vacant, unimproved land across 12th St. to the South, and a mixture of single and two-family dwellings to the North; at the Public Hearing before the Planning Commission, several neighbors from the immediate area were in attendance and voiced their oppositions to this project; in addition, 4 letters of protest were received from property owners within the immediate area; on January 13, 1983, a petition in favor of this project containing 64 signatures was submitted; of the 64, 11 represented property owners or occupants of property within the general area; staff concurs with the Planning Commission's denial) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file and the applicant's attorney has requested a continuance of 30-60 days. Moved by Waters, this be continued for 30 days. Motion died for lack of second. BARNEY HERNANDEZ was present and said he lives on the property West of the property in question; the neighbors are against this permit; they want the area to remain residential, and asked how many times they had to protest; this is the fourth meeting they have attended. Discussion. CHRIS RAMSEY, 3770 32nd St., was present and said she owns the property East of the property in question; a lot of the area residents axe retired; a church here would create parking problems; the neighbors have been verbally abused by the church members; the property should remain strictly residential. No one else was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, the appeal be denied and all stipulations of staff be adhered to. Discussion. Carried by unanimous vote. The Public Hearing on APPEAL of Planning Commission APPROVAL of APPLICATION for CONDITIONAL USE PERMIT to ALLOW the ADDITION of a BAR (COUNTER) to an existing RESTAURANT at 3118-3120 Plaza Blvd., CUP-1982-24 (... involves the proposed addition of a bar/counter to an existing bona fide public eating place over which food and on -sale alcoholic beverages will be available to the public; restaurant contains a total floor area of 2,000 sq. ft. and is located within the existing shopping center on the South side of Plaza Blvd. between Harbison and Olive Avenues; applicant states that the "requested addition of a bar - lunch counter is for the convenience of the public since it caters to individuals preferring this type of accommodation rather than sitting by themselves at a table"; this shopping center is fully developed with adequate parking and landscaping; other tenants in the center include an insurance agency, commercial laundry, convenience and specialty stores, restaurants and other services; zoning is Commercial, Central Business District - Planned Development; General Plan designation is Commercial; the only change proposed in the Updated General Plan is to designate zoning as Commercial General; staff recommendation: lunch counters and bars are not the same sort of activity; the practical problem of trying to regulate one but not the other seems irresolvable; if a lunch counter can be used as a bar, the only remaining control rests with the business operator and that facet cannot be regulated; if Council holds that bars are undesirable and contrary to community standards, this application would be inappropriate; this restaurant is now allowed to serve beverages at tables; only the counter/bar question is being considered) was held at this time. The City Clerk reported the Certificate of 3/8/83 Book 63 Page 36 Publication and Affidavit of Mailing were on file. Planning Director Gerschler said the Planning Commission approved this application; presently this business is entitled to serve liquor at tables; the only addition is a counter. PEGGY BAKER, 2537 Clairemont Dr., was present and said she would like to appeal to the lunch trade and singles are far more comfortable sitting at a counter than at a table by themselves. No one else was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed and the Planning Commission's approval be denied. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Caxried by unanimous vote. Resolution No. 13,991, "RESOLUTION ORDERING THE PLAT SHOWING EXTERIOR BOUNDARIES, ASSESSMENT DISTRICT NO. 223 (Grove Street Domestic Water System)." Moved by Waters, seconded by Camacho, Resolution No. 13,991 be adopted. Carried by unanimous vote. Resolution No. 13,992, "RESOLUTION ORDERING PLANS AND SPECIFICATIONS, ASSESSMENT DISTRICT NO. 223 (Grove Street Domestic Water System)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,992 be adopted. Carried by unanimous vote. Resolution No. 13,993, "RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT." Moved by Waters, seconded by Van Deventer, Resolution No. 13,993 be adopted. JAMES WHITE, 931 Agua Tibia, Chula Vista, was present and said he is a member of the National City Businessmen's Association; the redevelopment plan Council is seeking grants for is still in the courts; CDC has been challenged for their procedure, lack of concrete facts and overall purpose for the redevelopment; therefore, it is improper to reSuest this funding until these matters are resolved. ARNOLD PETERSON, Executive Director, CDC, replied, "Mr. White's comments are irrelevant." Motion carried by unanimous vote. Resolution No. 13,994, "RESOLUTION AUTHORIZING AND APPROVING AN APPLICATION FOR A SMALL CITIES GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND AUTHORIZING THE FILING THEREOF." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,994 be adopted. Carried by unanimous vote. Resolution No. 13,995 was listed on the Agenda but was not presented. Resolution No. 13,996, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT 212 (17th Street, 'M' Avenue and Alley No. 66)." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,996 be adopted. Carried by unanimous vote. Resolution No. 13,997, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS, ASSESSMENT DISTRICT NO. 212 (17th Street, 'M' Avenue and Alley No. 66)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,997 be adopted. Carried by unanimous vote. Resolution No. 13,998, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931', ASSESSMENT DISTRICT NO. 212 - 17TH STREET." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,998 be adopted. Carried by unanimous vote. Resolution No. 13,999, "RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO. 212, 17TH STREET, 'M' AVENUE, ALLEY NO. 66." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,999 be adopted. Carried by unanimous vote. 3/8/83 Book 63 Page 37 Resolution No. 14,000, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT NO. 222, 22ND STREET - PROSPECT STREET TO EUCLID AVENUE." Moved by Waters, seconded by Van Deventer, Resolution No. 14,000 be adopted. Carried by unanimous vote. Resolution No. 14,001, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS, ASSESSMENT DISTRICT NO. 222, 22nd STREET, PROSPECT STREET TO EUCLID AVENUE." Moved by Waters, seconded by Van Deventer, Resolution No. 14,001 be adopted. Carried by unanimous vote. Resolution No. 14,002, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931', ASSESSMENT DISTRICT NO. 222: 22ND STREET, PROSPECT TO EUCLID." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,002 be adopted. Carried by unanimous vote. Resolution No. 14,003, "RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO. 222, 22ND STREET - PROSPECT STREET TO EUCLID AVENUE." Moved by Dalla, seconded by Van Deventer, Resolution No. 14,003 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 35, dated March 1, 1983, in the amount of $40,761.55 (Warrants Nos. 79130 through 79185 [void 79130]) was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Manager and City Engineer's REPORT on the HEARING on 'F' AVENUE SEWER, DISTRICT NO. 215 (This area was annexed February 23, 1978; Covenants not to protest a 1911 Act were signed representing 70% of the area; a petition for sewers, representing 54% of the area was presented June 16, 1980 to the Clerk; a petition protesting sewers, representing 89% of the area was presented January 4, 1983 to the Council; the property in the proposed district is zoned RT; the City contribution, the budgeted $8,000 and the outfall sewer cost, amounts to $31,557; a reassessment indicates a lowering of estimated assessments; the Engineer preparing the plans and estimate states the estimate is sufficient; also, basements were considered in the design; funds are available in the budgeted account and in contingency accounts; staff recommends the protest be overruled by 4/5 vote, direct transfer of funds to the specific account to fund the contribution, and staff be directed to proceed using the 1911 Act procedure) was presented. JOHN KRACHA, 3143 'F' Ave., was present and said the City has considered assistance on this project on two occasions, and urged approval of additional funding and that the work proceed. ROBERT ONLEY, Engineering Staff Assistant, was present and displayed a map of the area, saying this area was annexed to the City in February, 1978; there was a stipulation with the annex that a majority of owners could not protest a 1911 Act for sewers; a petition of 54% of the property owners was submitted for sewers; at the hearing, a protest was filed of 89%; since that time, the City has raised its contribution to over $31,000. Discussion. TED HAWKINS, 65 E. Mankato, Chula Vista, was present and said he was representing Betty Hawkins and Ted Stahl; they feel the assessments are unfair; a good percentage of the property is owned by Mr. Derr on one side and Mr. Tessier on the other side, and these two pieces of property are not assessed at all. Mr. Onley said when the petition came in requesting the sewer, their signatures were not included; once the line is put in, if they choose to hook up to the sewer, the City will assess them at that time. Discussion. Mr. Hawkins said he would like to have the sewer, but he objects to the amount of the assessment; perhaps the sewer line could be rerouted to make it more economical. T. W. STAHL, 3105 'F' Ave., was present and said he 3/8/83 Book 63 Page 38 received an assessment of $11,650; his lot is nothing but dirt, and he will not benefit from the sewer; he was born in 1895 and has no hope of earning or stealing the money to pay the assessment. Discussion. Mayor Morgan called a recess at 8:42 p.m. Council reconvened at 8:48 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent:, None. Councilman Van Deventer said some of the property owners had gotten some large reductions in their assessments and inquired if they had been informed. Mr. Onley replied they had not. BETTY HAWKINS, 3109 'F' Ave., was present and said she is being assessessed almost $4,000 for a landlocked piece of property. Mr. Onley read from the assessment list (See Document No. 68491), giving the original assessment and revised, lowered assessment for each parcel. Mayor Morgan said there is no way we can get this sewer cheaper; they will have ten years to pay it off. Mr. Onley said both properties (Derr and Tessier) had paid the City for their use of the trunkline. Further discussion. JOHN BANKS, 676 E. 30th St., was present and said the sewer will have to go in eventually anyway; his property is saturated; if the sewer doesn't go in soon, his property will have to be condemned; he wants to improve his property and the only way is to put in the sewer now. Discussion. City Attorney McLean said the City has the right to abandon the project, but the people who signed the Covenants are bound by them; with the sewer project, Council can overrule with a 4/5 vote because it affects public health; in extreme cases, occupants can have the utilities turned off and be forced to vacate until the sewer is put in. Moved by Waters, seconded by Van Deventer, in favor of District 215, 'F' Ave. sewer. Carried by unanimous vote. The application for ON -SALE BEER and WINE LICENSE, TYPE 41, PERSON TRANSFER, of Hilding A. & Joan Holmberg, dba PICKLE BARREL DELI & RESTAURANT, 340 W. 26h St., Suite E (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by Van Deventer, seconded by Camacho, this license be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The request of NATIONAL CITY POLICE RESERVES ORGANIZATION to serve ALCOHOLIC BEVERAGES and for WAIVER OF FEES (The N.C. Police Reserves have reserved the Kimball Community Bldg. for its annual banquet on Saturday, March 26, 1983, approximately 130 adults expected to attend; the Police Reserves are requesting authorization to serve alcoholic beverages on this night; normally three requirements need to be met: 1. Permit from ABC; 2. Certificate of Insurance supplied; 3. Security arrangements approved by the Chief of Police; for this rental the above requirements need not be met because: 1. ABC has advised that no permit is required as long as no exchange of money takes place during event; 2. Event is co -sponsored by a Dept. of the City, so City insurance covers this event; 3. Police will provide security; the Police Reserves are also requesting a waiver of fees; this group is classified as a Category I Group [any event sponsored or co -sponsored by the City of National City or any department or agency of the City] and no fees or charges are assessed; staff recommends that Council approve the request) was presented. Moved by Waters, seconded by Camacho, in favor of this request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. 3/8/83 Book 63 Page 39 The request of NATIONAL CITY GIRLS' CLUB to hold a CARNIVAL from April 7-11, 1983 at National City Blvd. and 33rd St. (This application has been routed to all departments concerned; staff recommends approval subject to all applicable laws and ordinances) was presented. KATIE COOPER (Chairman, Finance Committee, Girls' Club), 91 Shasta, Chula Vista, was present and said the Girls' Club needs the money from this carnival for their summer programs; since the Girls' Club filed their application before MAAC, the Girls' Club should get first consideration. Moved by Morgan, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. The request of MAAC PROJECT to hold a CARNIVAL from March 16-20, 1983 at National City Blvd. and 33rd St. (The application has been routed to all departments concerned; before this application was received, the National City Girls' Club filed a similar application for the same site for the dates April 7-11, 1983; staff has suggested to MAAC that they resolve this potential conflict by working out their project with the Girls' Club; they have not given any assurance that this will be done; staff recommends approval subject to all applicable laws and ordinances) was presented. Discussion. Moved by Morgan, seconded by Dalla, in favor of this request. Carried by unanimous vote. The CLAIM for DAMAGES of R. E. HAZARD CONTRACTING COMPANY, INC. filed with the City Clerk on February 25, 1983 was presented. Moved by Camacho, seconded by Dalla, this claim be denied and referred to the City Attorney. Discussion. Carried by unanimous vote. The CLAIM for DAMAGES of MARIA ESTHER SANCHEZ, arising from an accident on February 25, 1983 and filed with the City Clerk on March 1, 1983 was presented. Moved by Camacho, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER CITY ATTORNEY OTHER STAFF - - No report. - No report. No reports. MAYOR Mayor Morgan spoke of the new fire station being below the ground level, saying it would cost a lot of money to raise it up. Moved by Morgan, we authorize the expenditure to fix this. Motion died for lack of second. Moved by Morgan, seconded by Waters, this be referred to staff to determine costs. Carried by unanimous vote. Mayor Morgan asked the City Engineer to find out how we can keep the banks at the golf course from falling into the ditch. City Manager McCabe said he and the City Engineer would inspect it. Mayor Morgan inquired if a grace period could be granted in business licensing with staff to notify business owners by registered mail. Discussion. It was brought out in discussion that the business owner who complained is moving out of the City. Mayor Morgan asked for consideration of an East-West Stop sign at 18th and Coolidge, and said he had written to the Traffic Safety Committee. The Traffic Safety Committee meets tomorrow; no action taken. Councilman Waters and Councilman Dalla asked the City Attorney questions about conflict of interest. Mayor Morgan called an Executive Session for Litigation at 9:36 p.m. 3/8/83 Book 63 Page 40 Council reconvened at 9:48 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 4:00 p.m., March 15, 1983. Carried by unanimous vote. The meeting closed at 9:59 p.m. CITY CUGERK The foregoing minutes were approved at the regular meeting of the City Council on March 15, 1983. Corrections ✓ No rrections OR CITY OF NATIONAL CITY, CALIFORNIA 3/8/83