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HomeMy WebLinkAbout1983 05-10 CC MINBook 63 Page 79 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 10, 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, Dallas Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, McCabe, McLean, Sr. Civil Engineer Pachon, Principal Planner Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by City Manager McCabe. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the special meeting of April 28, 1983 and the regular meeting of May 3, 1983 be approved. Carried by unanimus vote. PUBLIC ORAL COMMUNICATIONS AL LOPEZ (Four Seasons Heating & Air Conditioning), 1636 Wilson, was present and said they moved into their building a month ago and would like to put in a fence; they contracted with Atlas to put in the fence, but Atlas was refused a permit. Mayor Morgan suggested Mr. Lopez come in and talk to Principal Planner Post. ROY LOPEZ (Four Seasons Heating & Air Conditioning) was present and said their request was taken through the channels in Planning and Building, but was denied; he was told he could not put in a chain link fence in a commercial area. Discussion. Mayor Morgan asked Principal Planner Post to check into this and bring back a report. ROSALIE ZARATE, 1730 E. 12th St., was present and said two and a half weeks ago, the CITIZENS' ACTION LEAGUE presented requests for 8 street lights to City Engineer Benzing; only 2 of them were approved; there are still a lot of dark areas and the older people are afraid to go out at night; there have been a lot of robberies and vandalism; 7th & 'K' is still a dark spot. ROBERT INGLE, 820 Edgerton Way, was present and explained the purpose of CAL. Ms. Zarate returned to the podium and said when they requested 8 street lights, they only got 2; they feel the other 6 are equally important. Mayor Morgan asked City Manager McCabe to check into this. Discussion. Councilman Van Deventer requested the City Manager check with the Police Dept. re the margin of crime in this area, what types of people are being arrested and where they are coming from. CHLOE ADDISON, 2006 'J' Ave., was present and said she represents the area between 16th & 30th and Highland & Palm; they are concerned about the traffic on Highland; many children have to cross Highland to go to school; they have written to the Traffic Safety Committee and were told the Committee does not meet at night; most of the citizens in this area work and cannot attend an afternoon meeting. Discussion. Mrs. Addison suggested, among other things, a 25 mph zone along Highland when school children are present, traffic signals with "Walk/Don't Walk", and high police visibility. Mayor Morgan asked City Manager McCabe to meet with the City Engineer and all interested citizens and try to come up with a solution to this problem. ELIAS RODRIGUEZ, 1440 'I' Ave., was present and said he lives a block from Highland and sees the traffic problem close at hand; they have gotten no answers either from the Traffic Safety Committee or the Engineering Dept. NORA MC MAINS, 2120 palm Ave., was present and said she is a school bus driver (in Imperial Beach); Highland is bad; the elderly and the handicapped have difficulty crossing Highland; Imperial Beach has the safety patrol in large numbers 5/10/83 Book 63 Page 80 during school hours and the sheriffs patrol regularly. RUBEN VILLAPANDO, 1635 E. llth St., was present and said llth is a very dark area and they would like to have a light. Sr. Civil Engineer Pachon reported the Traffic Safety Committee will meet the second Wednesday in June (June 8) at 6:30 p.m. LAURA WILSON, 108 Norton, was present and said she lives around the corner from 1st & Laurel; they do have lights, but they do not shine through the trees or around the apartments; they have had countless burglaries and three murders in the area. MARGUERITA PEREZ, 2741 'A' Ave., was present and said she had attended Council before; of the 10 lights she had requested, 5 were installed; every time the citizens ask for street lights, the number they receive decreases. Discussion. Councilman Waters said the citizens are scheduled to meet with the Traffic Safety Committee in June; they should make a list of everything they want; the Traffic Safety Committee will make a study and bring back recommendations to Council. Further discussion. CAROL ? , 1107 E. 1st, was present and said teenagers do not feel safe in her neighborhood; you cannot get into your car without looking into it first. PUBLIC HEARINGS The PUBLIC HEARING on PLANNING COMMISSION DECISION to APPROVE CONDITIONAL USE PERMIT to ALLOW a VETERINARY SHOT CLINIC at 1001 E. Plaza Blvd., CUP-1983-3, Applicant: Jay W. Shrock, D.V.M. (... involves the proposed use "Mobile Veterinary Shot Clinic" [shots for pets]; clinic will provide dog and cat innoculations by licensed veterinarians on the 1st Saturday of each month, between the hours 10:00 &,m. and 3:00 p.m.; application submitted in conjunction with this case consisted of 3 alternatives, presented in the applicant's order of preference: 1. To allow an outdoor veterinary clinic as a separate business, 2. To allow an outdoor veterinary clinic as a promotional event, 3. To allow an indoor veterinary clinic in a pet store; the Planning Commission's decision was to: 1. Deny alternative no. 1, 2. Deny alternative no. 2, 3. Approve alternative no. 3; the Planning Commission's decision has been appealed by both the applicant and the opponents; staff concurs with the Planning Commission's decision) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Principal Planner Post said the Planning Commission voted in favor of alternative no. 3; this decision has been appealed by the applicant and the opponents. LANE COOK (attorney for applicant), 1241 State St., San Diego, was present and said Dr. Shrock gives innoculations to dogs and cats; he practices no curative medicine; he is asking to utilize his set-up one Saturday a month from 10:00 - 3:00; he has been doing this for over two years with a business permit and there have been no problems of any kind; Dr. Shrock brought a petition with 480 signatures in favor of his mobile clinic to the Planning Commission; he has another petition with 423 signatures; the mobile clinic is a good service for the City; people who could not afford to take their pets to a veterinary clinic for shots get their animals innoculated at the mobile clinic; the County operates their rabies clinic outdoors; Dr. Shrock uses licensed veterinarians and keeps the premises clean, IRENE TAYLOR, 2029 'B' Ave., was present and said she takes her dog to the mobile clinic for shots because it is cheaper and so do most of her elderly friends; she is on a pension and appreciates the low cost. VERONICA PEASE, 1035 E. 1st, was present and said she has two cats and a dog; she has taken them to the mobile clinic for two years and is satisfied. Discussion. MRS. JOHN WILKINSON, 1628 E. llth St., was present and said she is in favor of the mobile clinic; she has a regular vet, but uses the mobile clinic for shots. DIANE RAWLINS, Manager, Pets-R-Us, was present and said she has worked there for two years; people want and need the mobile clinic; in the past two years, she has seen no problems related to the mobile clinic; there is always someone there cleaning up%any mess; there is more chance of spreading diseases with the clinic indoors. STEVEN WEINER, D.V.M., 2415 Plaza, was present and said he has been observing 5/10/83 Book 63 Page 81 the operation of the mobile clinic for many months; a lot of people are lining up for registration, payment, and for the vaccination of their animals; dogs are running loose; there is a danger of dog fights and bites; the operation is noisy; there is no time for individual examination of each animal; sick animals can be vaccinated; the mobile clinic gives a false sense of security; when the animal becomes sick after their service, the clinic is unavailable; the County has its own vaccination program and the fee is $3.00; Plaza Blvd. Animal Hospital has its own clinics every month for $5.00/shot; the premises permit of the mobile clinic, granted by the Board of Examiners in Veterinary Medicine is not valid for a pet shop which cannot be considered a veterinary hospital; the operation of a vaccination clinic in connection with Pets-R-Us contradicts the rules and regulatiohs of the State Board of Veterinary Medicine. MICHAEL KELLY, D.V.M., 3129 Carnegie Place, was present and said he is a veterinary internist; he does not make his living as a result of vaccinations; it takes 25-30 minutes per dog to do an exam and vaccination; animals should not be vaccinated without being examined. Dr. Kelly continued, certain pet shops make it possible for children to purchase serum and syringes. Further discussion. J. W. SHROCK, D.V.M., 11771 Highway Rd., Lakeside, was present and said it takes approximately 10-15 minutes to process an animal through the mobile clinic and he does provide a written record of the innoculations. JIM VALENTINE, 4484 Alama Dr., San Diego, was present and said his big concern is whether or not the mobile clinic inside Pets-R-Us will meet the requirements for the premises permit; they will have to be inspected. DIANE RAWLINS returned to the podium and said rabies is a real problem here; the best thing for everybody concerned is to have the clinic outside. PAT ASHWORTH, 9730 Woodland Vista, Lakeside, was present and said she is the manager of the Shots for Pets Clinic; they have a very extensive filing system; there is a girl who answers the phone four days a week, answering questions and sending out duplicate certificates; the hours will be extended to 6 days a week soon. Discussion re parking. Mrs. Taylor returned to the podium and said the bank and stores in the area that usually create the congestion are not open on Saturdays; she has never seen a parking problem there. Further discussion. City Attorney McLean said the Planning Commission Resolution which was drafted on the assumption the use would be approved on the inside does not have a time limit; if it is your intent to review this activity in the future, it should be so stated. Moved by Morgan, seconded by Waters, the Public Hearing be closed, the outdoor clinic as a separate business be approved with conditions to be written into the Resolution granting the permit, to be subject to an annual review by the Planning Commission. Discussion. KORNELIA SZIGETHY, 14673 Appleby Ct., Poway, was present and inquired if next month a dentist asked Council to approve a dental clinic in a parking lot, would it be approved. Motion carried by unanimous vote. The CONTINUED PUBLIC HEARING on RESOLUTION OF INTENTION NO. 14,003, DISTRICT NO. 222, 22nd St., Prospect to Euclid (... first brought to Council on April 26, 1983; staff was requested to study any alternatives which could provide some relief from the proposed assessments; staff has completed the study of options [see Document No. 68766] and notified the three property owners in the District of the continued hearing) was held at this time. ROBERT ONLEY, Engineering Staff Assistant, was present and displayed a map of the proposed district. Mr. Onley said the original proponent of this 1911 Act is the owner of parcel no. 2, who is under a condition of a tentative parcel map which he was going to divide into four parcels; the conditions of his parcel map as far as the cost and the items of work necessary are included totally in his assessment; no other parcel in the district is included with the requirements of his improvements on his assessment; 100% of the incidental costs are also added to his assessment. City Attorney McLean said the subdivider is being charged 100% of his subdivision costs, plus 100% of the overhead of the district, so he is not being 5/10/83 Book 63 Page 82 allowed to shift his development costs to his neighbors. ALPHONSO HERNANDEZ, 2132 Euclid, was present and said his main objection was being assessed for improvements which benefitted another property owner; the major cost of the proposed improvements should be assessed to the developer; the improvements should be assessed per number of lots and parcels instead of linear feet of frontage; the developer is getting the benefit of four proposed lots, where parcels 1 and 3 only benefit for one lot; $8,929 is excessive for 100 linear ft. of frontage; if the City can bear the expense of $3,495 for a fire hydrant and $11,523 for sewer which is required for the development of the proposed lots on parcel no. 2, why can't it bear more than $165 of the expense of the street improvements which benefits the City and its residents? SEVERINO LA ROYA, 2209 E. 22nd, was present and said his assessment has been decreased, but he still thinks it is too high; it is too much for 140 ft. Discussion. In response to the question on the City's standard policy on fire hydrants, Mr. Onley replied the City participates when it benefits more than the developer. Further discussion. Mr. Hernandez returned to the podium and said he had figured the dollar per linear ft. assessment amount for each of the parcels and they are all different. Mr. Onley replied we are talking about benefit assessments; frontage assessments are against the law. No one else was present to speak in this regard. Moved by Camacho, seconded by Van Deventer, the Public Hearing be closed, work ordered to proceed, and recommendations 1 through 6 in ,he Engineer's Report on Assessment Options be approved. Carried by unanimous vote. Mayor Morgan called a recess at 9:00 p.m. Council reconvened at 9:05 p.m. ROLL CALL Council members present: Camacho, Dalia, Van Deventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions and Ordinance be presented by title only. Carried by unanimous vote. Resolution No. 14,040, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM SEWER FUND UNBUDGETED RESERVES TO 'F' AVENUE SEWER (A 1911 ACT PROJECT)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,040 be adopted. Carried by unanimous vote. Resolution No. 14,041, "Resolution approving Encroachment Removal Agreement (106 South Belmont Avenue - Porter)." Moved by Dalla, seconded by Van Deventer, this he tabled for one week. Carried by unanimous vote. ORDINANCE (FIRST READING) Ordinance No. 5/10/83-1, "Ordinance amending Title II (Vehicles and Traffic) of the National City Municipal Code, adding Section 11.32.101 providing for angle parking zones within National City." NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 44, dated May 3, 1983, in the amount of $50,688.35 (Warrants Nos. 79879 through 79921 [79879 void]) was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Della, Van Deventer, Waters, Morgan. Nays: None. 5/10/83 Book 63 Page 83 The City Engineer and Planning Director's RECOMMENDATION to OPPOSE PENDING LEGISLATION, AB1597 (National City should oppose this legislation and have the Mayor so notify our legislators and the members of the Assembly Committee on Housing and Community Development; such legislation usurps "Home -Rule" concerning a city's housing element of the General Plan and would give a State agency the right to control the allocation of legislative mandated local revenues; as of 5/3/83, the League of California Cities informed staff that AB1599 has been merged and incorporated with a related bill, AB1597 and the withholding of gas tax allocation has been removed; there is a strong feeling that Costa will try to reinsert the gas tax provision at a later date) was presented. Moved by Van Deventer, seconded by Camacho, we oppose this bill and notify our legislators. Carried by unanimous vote. The request of LINCOLN ACRES ELEMENTARY SCHOOL for use of KIMBALL COMMUNITY BUILDING and for WAIVER OF FEES (Lincoln Acres Elementary School has requested the use of Kimball Community Bldg. to hold their commencement exercises for their 6th grade class on June 15, 1983 from 5:30 p.m. to 8:00 p.m., 300 people expected to attend; the school is also requesting a waiver of fees; normal fees for this event would be for utilities and custodial charges; one of the members of the school staff is a part-time employee of the Park and Recreation Dept.; the school has said that if the City would approve, he would handle the custodial work of setting up for the graduation, cleaning up afterwards and securing the building for the night; no City custodian will be required; utilities for use of the building for 211 hours amount to $6.63) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Discussion. Carried by unanimous vote. OTHER -BUSINESS CITY MANAGER - No report. CITY ATTORNEY City Attorney McLean reported he filed suit today against the City of San Diego, City of San Diego Redevelopment (Southcrest) on defects of EIR related to the project. MAYOR Mayor Morgan spoke of the need for a new Planning Director and expressed hope that the Planner that'has been training for this job be considered. Mayor Morgan spoke of Bannister Steel using a portion of the street. Moved by Morgan, seconded by Van Deventer, this be referred to the City Manager and the City Engineer to bring back a report. Carried by unanimous vote. CITY COUNCIL Councilman Waters spoke of the USA newspaper stands being placed close to the curbs and chained to street signs; the City Manager has written to them; if nothing is done, he would like staff to take action to remove them. Councilman Waters, recommended some thought be given during Budget hearings to the hiring of additional motorcycle policemen. ADJOURNMENT Mo-•ed by Camacho, seconded by Waters, the meeting be adjourned to 4:00 p.m., May 17, 1983. Carried by unanimous vote. The meeting closed at 9:12 p.m. 5/10/83 Book 63 Page 84 The foregoing minutes were approved at the regular meeting of the City Council on May 17, 1983. Corrections V No Corrections OR CITY OF NATIONAL CITY, CALIFORNIA 5/10/83