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HomeMy WebLinkAbout1983 06-14 CC MINBook 63 Page 101 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 14, 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: Bening, Bolint, Campbell, McCabe, McLean, Acting Planning Director Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed by invocation by the Rev, Ken Nichols, Southport Christian Center. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of June 7, 1983 be approved. Carried by unanimous vote. Mayor Morgan reported the Rev, Hubert Campbell passed away last Friday; the funeral will be tomorrow at 10:00 a.m. 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 "HONOR AMERICA - June 14 - July 4, 1983" was read by title. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS TOM CARNES (Secretary, National City Historical Society), 2202 E. loth, was present and said the Historical Society recommended an Ordinance prepared with the help of Malcolm Gerschler which includes historic sites in the City, Discussion. Moved by Camacho, seconded by Van Deventer, this be referred to staff. Carried by unanimous vote. FELIPE PULIDO, 705 E. 21st St., was present and said in January, his property was rezoned from R2 to R1 and he cannot do what he has been thinking of doing with his property; for a long time he did not have the money; now he has the money, but the property was rezoned without notification. Discussion. Acting Planning Director Post said he would check into this and bring back a report next week. Moved by Waters, seconded by Van Deventer, this item be placed on the agenda for next week. Carried by unanimous vote. MARGUERITA PEREZ, 2741 'A' Ave., was present and inquired when there would be a public hearing on the closing of 'A' Ave.; she is opposed to it. Acting Planning Director Post said this matter will come before the planning Commission on July 20. PUBLIC HEARINGS The Public Hearings on APPEAL of Planning Commission Resolution No. 15-83, DENYING APPLICATION for CONDITIONAL USE PERMIT to ALLOW an OUTPATIENT MENTAL HEALTH COUNSELING CENTER at 1136 'D' Ave., CUP-1983-1, Applicant: Dr. Arlen Versteeg (... proposed change in the use of the St. Mary's Convent Bldg., NW corner 12th and 'D', to provide an outpatient Mental Health Counseling Center; the proposed health center will be open between the hours 8:00 a.m. and 5:30 p.m., Monday through Friday; there will be 10 employees and an estimated 30 clients per day; 6/14/83 Book 63 Page 102 The Planning Commission denied this application for the reason that the proposed use will have an adverse effect upon adjacent or abutting properties; staff concurs with the Planning Commission's denial) and APPEAL of Planning Commission Resolution No. 16-83, DENYING APPLICATION for ZONE VARIANCE to ALLOW REDUCTION IN THE NUMBER OF OFF-STREET PARKING SPACES required from 25 to 16, in conjunction with a proposed outpatient mental health counseling center at 1136 'D' Ave., Applicant: Gabriel Arce, Z-3-83 (... involves the use of the property at 1136 'D' Ave. and the adjacent lot to the West; an Outpatient Mental Health Counseling Center has been proposed; the proposed use will constitute an increase in intensity of use of the building by more than 50% and therefore, required that off-street parking be provided for the entire structure; applicant has acquired the property immediately West of 1136 'D' Ave. for the purpose of developing a parking lot to serve the clinic; due to the size and shape of this property, only 15 parking spaces can be provided; counting the one available in the garage area of the convent building, a total of 16 spaces can be provided; based on the floor area of the proposed use, a minimum of 25 spaces are required; the Planning Commission denied this application for the reason that evidence and testimony presented failed to support a finding that would justify the granting of Zone Variance in accordance with Section 65906, Government Code; staff concurs with the Planning Commission's denial) were called at this time. The City Clerk reported the Certificates of Publication and Affidavits of Mailing were on file and a request for a 10-12 month continuance has been received. Acting Planning Director Post said these applications were denied by the Planning Commission after quite a bit of testimony. ALAN PERRY (Attorney for applicant), 225 Broadway, San Diego, was present and said he was present to answer any questions Council might have. Moved by Camacho, seconded by Morgan, the Public Hearings be continued with any additional costs (mailing and advertising) to be borne by the applicant. Councilman Van Deventer said Jenkins and Perry had done some legal work for him recently so he would abstain from voting. ROY THOMAS, 1045 'C' Ave., was present and said he attended neighborhood meetings with regard to this problem and the general consensus is that the main grievance is the parking issue; perhaps something can be worked out. Discussion. Motion carried by unanimous vote. The Public Hearing on RESOLUTION of INTENTION NO. 14,029, DISTRICT NO. 212 (17th St., 'M' Ave. & Alley 66) was held at this time. the City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file, and letters of protest were received from the following property owners: George Cervantes, 1715 'L' Ave.; Carlos & Lydia Aragon, 1640 'M' Ave.; Mr. & Mrs. Esekiel S. Cisneros, 8704 Almond Rd., Lakeside (property at 1303 E. 18th St.); Raymond J. & Kathleen E. Karash, 1317 E. 18th St.; Arnulfo & Juana Romero, 1305 E. 17th St.; Marion F. Cooper, 1 313 'N'.Avenue, Verl D. Mason, 930 'B' Ave.; Vito Scarpitti, 22 Vista Way, Chula Vista (property at 1329 & 1331 E. 18th St.); Rose M. Noriega, 1702 'N' Ave.; Jose & Luisa Calderon, 1341 E. 17th St.; A. J. Hatfield, 1329 E. 17th St.; Herbert L. & Dorris L. Johnson, 1323 E. 18th St.; Charles & Katherine Biersack, 1706 Tamarand Way, San Diego; Guadalupe Pantazes, 1325 E. 17th St.; Esequiel.J. Campos, 978 Loma View, Chula Vista (property at 1312, 1314, 1316 E. 17th St.); E. Raymond Hernandez, 1535 Earle Dr..(property at 1318 E. 17th St.); Telesforo T. Jerao, Cresenta C. Jerao, Felix U. Tamayo, 1337 E. 17th St.; Lawrence E. Hess, N Avenue Group, Box 1404, National City, Lawrence E. Hess, N Avenue Group, Box 1404, National City. ROBERT ONLEY, Engineering Staff Assistant, was present and said protests against the total project, including drainage, amount to 85.47%; without the drainage, protests amount to 50.14%; total cost of the drainage is $64,000. City Manager McCabe said the City is presently committed to $39,000 toward drainage; there are enough funds in a contingency fund to cover the other $25,000. Discussion. MARION COOPER, 1313 'N', was present and said he has property on Alley 66; he and other property owners put in the alley, had 6/14/83 Book 63 Page 103 it inspected by the Engineering Dept., and it is open to the public; he has no drainage problem; if the City wants to put in drainage for 'M' Ave., the people there or the City should pay for it. Further discussion. GEORGE CERVANTES, 1715 'L' Ave., was present and said he is protesting the cost; it is outrageous. Mayor Morgan said if the City pays for the drainage, he will have no expense. Mr. Onley said if Mr. Cervantes withdraws his protest, the protests will be less than 50%. ESEQUIEL J. CAMPOS was present and said his assessment is over $23,000; his frontage is 60' on 17th and another 60' in the alley; he is having to pay for 160' alongside his property; if it were private property, he wouldn't mind paying it, but everybody will have access. Mr. Onley said if the City pays for the drainage, Mr. Campos' assessment will be reduced to approximately $21,000. Further discussion. ROSE NORIEGA, 1702 'N' Ave., was present and said she has no problem with the drainage; she is alone and she cannot take on this commitment at this time. RAYMOND HERNANDEZ, 1535 Earle Dr., was present and said he owns 3 houses; he is the neighbor behirri Ms. Noriega; he has been trying to get the drainage problems from those apartments corrected; the water drains from the apartments onto his property and into one of the houses he owns; he had blueprints done by an architect; the gutters in the apartments are not towards the street, but towards his property. Mr. Cooper, Mr. Cervantes and Mr. Hernandez agreed to withdraw their protests. Mr. Onley said this work will correct that problem. Further discussion. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed, the protests be overruled and the project proceed, with the City to pay the extra $25,000 for the drainage, and the pe ple in the district be notified that the City will pay for the drainage. Discussion. Carried by unanimous vote. The Public Hearing on RESOLUTION of INTENTION NO. 14,035, DISTRICT NO. 205 (Alleys No. 9, 10, 12 & 17) was held at this time. The City Clerk reported the Certificate of Publication and Affidavits cf Mailing and Posting were on file, a petition with signatures of the following property owners was received protesting the work on Alley 10: Dr. Anthony H. Gaussoin, 405 'G' Ave., Mrs. M. Legrand, 417 'G' Ave.; Socorro Gonzalez, 427 'G' Ave.; John H. Ochsner, 437 'G' Ave.; Eugene Ledgerwood, 422 Highland Ave.; Christine H. L. Sue, 434 Highland Ave.; Pablo S. Nuno, 728 E. 4th; and protest letters from the following property owners were received for Alley 17: Jaime Garcia, 542 'F' Ave.; Hector Cabrales, 532 'F' Ave.; Mr. & Mrs. Victor Sy, 1435 Eagle Peak Court, Chula Vista; Lloyd, Muriel & Frank Best, 509 E. 6th; W. R. Darby for Paramount Project II, 4045 Bonita Rd., Bonita; Jenny Pettingill, 2524 Prospect; Ernest & Lois Hansen, 510 E. 5th St.; Alfred Garr, 512 'F' Ave. ROBERT ONLEY, Engineering Staff Assistant, was present and said there is 91.85% protest on alley 10 and 89.48% protest on alley 17. Moved by Morgan, seconded by Waters, work on alleys 10 and 17 be abandoned. Carried by unanimous vote. Mr. Onley continued, there were no protests against alleys 9 and 12. ROBERT MAC LACHLAN, 429 'E' Ave., was present and said there is a house to the left of him with a drainage problem; the water drains in his yard. City Engineer Benzing said the work done on this alley will not change that situation. Mr. Onley said he would check the drainage problem. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed and work proceed on alleys 9 and 12. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,059, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR LOAN AND REPAYMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR THE NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,059 be adopted. Carried by unanimous vote. 6/14/83 Book 63 Page 104 Resolution No. 14,060, "RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Resolution No. 142O6O be adopted. Carried by unanimous vote. Resolution No. 14,061, "RESOLUTION REAPPOINTING TOM CROWNOVER AS ITS REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE SAN DIEGO COUNTY WATER AUTHORITY." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,061 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,062, "RESOLUTION ABANDONING ASSESSMENT DISTRICT NO. 205 (Alleys 10 and 17)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,062 be adopted. Carried by unanimous vote. Resolution No. 14,063, "RESOLUTION ORDERING WORK AND ADOPTING THE WAGE SCALE, ASSESSMENT DISTRICT NO. 205 (Alleys 9 and 12)." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,063 be adopted. Carried by unanimous vote. Resolution No. 14,064, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE AN AGREEMENT WITH PLAZA BOULEVARD ASSOCIATES TO INSTALL MONUMENTATION OF PARCEL MAP (McDonald's Restaurant)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,064 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 14,065, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE AN ENCROACHMENT REMOVAL AGREEMENT WITH PLAZA BOULEVARD ASSOCIATES (McDonald's Restaurants)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,065 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 14,066, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH PLAZA BOULEVARD ASSOCIATES (McDonald's Restaurant)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,066 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters. Abstaining: Morgan. Resolution No. 14,067, "RESOLUTION APPROVING THE UPDATED GENERAL PLAN AND COMBINED GENERAL PLAN/ZONING MAP." Moved by Waters, seconded by Camacho, Resolution No. 14,067 be adopted. Carried by unanimous vote. Resolution No. 14,068, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (QUITCLAIM DEED - A PORTION OF MELROSE AVENUE - LOPEZ AND SEGURA)." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,068 be adopted. Carried by unanimous vote. Resolution No. 14,069, "RESOLUTION NAMING AND DEDICATING A CITY -OWNED PARCEL OF LAND AS MELROSE AVENUE (MELROSE AVENUE - LOPEZ AND SEGURA)." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,069 be adopted. Carried by unanimous vote. ORDINANCES (FIRST READING) Moved by Van Deventer, seconded by Camacho, the Ordinance be presented by title only. Carried by unanimous vote. 6/14/83 Book 63 Page 105 Ordinance No. 1794 (6/14/84-1), "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Van Deventer, seconded by Dalla, Ordinance No. 1794 (S/14/84-1) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 49, dated June 7, 1983, in the amount of $29,178.18 (Warrants Nos. 80203 through 80266 [80203 voided]) and CERTIFICATION of PAYROLL for the period ending May 31, 1983, in the amount of $248,902.73 was presented. Moved by Waters, seconded by Camacho, 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 Treasurer/Finance Director's CONSOLIDATED CASH REPORT for the period ending May 31, 1983 was presented. Ordered filed by unanimous vote. The request of the LION'S CLUB for TEMPORARY USE PERMIT FEE to be WAIVED for their use of KIMBALL PARK for their annual 4TH OF JULY celebration was presented. Moved by Dalla, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. The CLAIM FOR DAMAGES of ROBIN RANDALL/FARMERS INSURANCE GROUP, relating to an accident on April 12, 1983, and filed with the City Clerk on June 8, 1983, was presented. Moved by Van Deventer, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of HERBERT GOLD, arising from an accident on June 5, 1983, and filed with the City Clerk on June 7, 1983 was presented. Moved by Van Deventer, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of G.M.U., INC., filed with the City Clerk on June 8, 1983 was presented. City Attorney McLean said he recommends this claim be denied on the grounds it was filed late. Moved by Dalla, seconded by Van Deventer, in favor of the City Attorney's recommendation. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICE OF DECISION Planning Commission Resolution No. 19-83, ZONE VARIANCE to ALLOW 3 SIGNS with a combined area of 378 sq. ft. on property at 901 S. Euclid, Applicant: Ralph's Grocery Co., Case File No. Z-4-83 (Ralph's Grocery recently acquired the former Fed -Mart store located on the East side of Euclid between 8th & Plaza; the building contains a total floor area of 38,000 sq. ft. and is encompassed on three sides by off-street parking; applicant is requesting zone variance to allow the installation of two wall -mounted principal identification signs with a combined area of 238 sq. ft. and one 40-ft. high pole -mounted sign containing 140 sq. ft.; the proponents feel that because of the size and shape of this parcel and location of the existing building on -site, installation of only two signs would not effectively serve to advertise this business; because the properties located directly across Euclid to the West are zoned Commercial General and businesses located there are not subject to the two sign, 100 sq. ft. limitation, Ralph's Market, by strict application of the zoning regulations, would be deprived of privileges enjoyed by other businesses within the immediate vicinity; the three signs [one painted, principal identification wall sign on the store front; one single -face wall mounted sign with interior illumination; and one 40 ft. free-standing pole -mounted sign, double -face with interior illumination] 6/14/83 Book 63 Page 106 reflect compliance with the City's Sign Ordinance and guidelines for the zone; staff concurs with the Planning Commission's approval) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Mayor Morgan said Target should have a store in National City; Fed Mart did a good business in that location and so would Target. CITY MANAGER - No report. CITY ATTORNEY City Attorney McLean reported EDCO Disposal is in a dispute with the IRS over taxes; he has been asked to appear as an expert witness and he recommends the City bill EDCO for his services at the rate of $150 per hour. Moved by Morgan, seconded by Camacho, in favor of the City Attorney's recommendation. Carried by unanimous vote. City Attorney McLean spoke of the property at 426 W. 15th, saying the owner has been in violation of City laws since 1979 and has been doing construction without permits, and recommended the City file suit against the property owner. Moved by Morgan, seconded by Camacho, in favor of the City Attorney's recommendation. Carried by unanimous vote. MAYOR Mayor Morgan recommended the City Manager review the Traffic Safety Committee's recommendations re traffic signals at 18th & Highland and 24th & Highland and see if we will have money available in the 83-84 budget to implement the recommendations. Moved by Van Deventer, seconded by Camacho, in favor of the Mayor's recommendation. Discussion. Carried by unanimous vote. CITY COUNCIL Councilman Waters reported Pacific Telephone has requested an $830,000,000 increase. Moved by Waters, seconded by Camacho, Council refer this to staff and the City Attorney to prepare a Resolution opposing this increase. Discussion. Carried by unanimous vote. Vice Mayor Dalla spoke of compulsory and binding arbitration, saying the issue is not dead; we should write to those who supported the City's position and thank them and ask them to continue to oppose it. Moved by Waters, seconded by Camacho, in favor of this recommendation. Carried by unanimous vote. Vice Mayor Dalla spoke of the Western Area Power Assoc., saying they have made their decision and left San Diego out in the cold. Discussion. Moved by Morgan, seconded by Camacho, Vice Mayor Dalla and the City Manager write to our federal representatives re hydroelectric power. Carried by unanimous vote. Vice Mayor Dalla called a meeting of the Finance Committee for 8:00 a.m., Thursday, June 16 in the Conference Room. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 8:00 a.m., Thursday, June 16. Carried by unanimous vote. The meeting closed at 8:19 p.m. (72 CITY CLERK 6/14/83 Book 63 Page 107 The foregoing minutes were approved at the regular meeting of the City Council on June 21, 1983. Corrections ✓ No Corrections MA' 'OR CITY OF NATIONAL CITY, CALIFORNIA 6/14/83