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HomeMy WebLinkAbout1983 08-09 CC MINBook 63 Page 3-481-5 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 9, 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: Benzing, Bolint, Campbell, McCabe, McLean, Act. Plan. Dir. 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 the Rev. Albert Young, First Christian Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of August 2, 1983, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Mrs. Sharon Rodgers, owner of property at 3350 Valley Road, was present and requested that it be de -annexed from the City (On 12/16/80 Council approved the Valley Road -Fuller Reorganization, annexing several properties to the City; the owner of 3350 Valley Road approached LAFCO expressing a desire to de -annex; LAFCO states that due to their staff error, a noticed public hearing before LAFCO was not held; LAFCO has asked the City's approval prior to their taking action. See 7/19/83 Council minutes.) The Mayor referred the matter to the City Manager. PUBLIC HEARINGS The Public Hearing on the proposed AMENDMENT to the GENERAL PLAN to change from Commercial Limited Planned Development (CL-PD) to Residential Single Family Large Lot (RS-1) on property located at 3731 Sweetwater Road Assess- ors Parcel No. 564-460-33, GP-2-83 [At the 6/20/83 Planning Commission meeting Julius Paeske, one of the owners of said property requested a General Plan Amendment and Zone Change to Residential Multi -Family Extend- able Planned Development (RM-1PD); the Planning Commission filed that re- quest and initiated an amendment to Residential Single Family (RS-1) which requires a minimum 10,000 sq. ft. lot size...Staff concurs with the Plan- ning Commission recommendation.] was held at this time. The City Clerk reported the Certificate of Publication was on file. BILL HILLYER, 7725 Sierra Mar Drive, La Jolla, was present and said he is one of the owners; the purpose of the hearing is to determine whether to change the designation to residential single family (large lot) or allow it to remain commercial; he owns apartments on Balboa Park and thought they could do the same kind of development in Bonita; he bought the property in 1977 for a neighborhood convenience center; he had studies made for the 10,000 sq. ft, lotsand it cannot be developed that way. DAN BIGGS, Biggs Engineering, 2727 Hoover Avenue, was present and said he has been working for Mr. Hillyer and he has done his best to see if 10,000 sq, ft. lots can be made to work on this property; and it just doesn't make sense; it is surrounded by 5,000 sq. ft. lots; his clients would like very much for you to leave the property as it is, limited commercial; if they were given latitude, they could come up with something; but all that is before Council now is the matter of the 10,000 sq. ft. lots or allowing it to remain limited commercial; it is feasible for commercial and maybe more dense residential, but not 10,000 sq. ft. lots. Discussion. Moved by Van Deventer, seconded by Dallas this item be referred back to the Planning Commission to look at more feasible sizes of lots for residential development, or condominiums. Further dis- cussion. JULIUS PAESKE, 920 Springwood Lane, one of the owners of the property, was present and said he initiated a request for apartment zoning because commercial was slow; they came to the Planning Commission and asked for multiple zoning; they got no direction from them, so they submitted a request for apartment zoning; they would like to develop the property the way the City would like them to. Further discussion. Vice Mayor Dalla 8/9/83 Book 63 Page 14I /46^ suggest that if the motion passed, Mr. Biggs work with Act. Plan. Dir. Post. Motion carried by unanimous vote. The Public Hearing on proposed AMENDMENT to TITLE 18 (ZONING) of the Municipal Code, to eliminate the requirement of a Conditional Use Permit where a use or development in the CH Zone is proposed adjacent to non- conforming residential or limited commercial uses, A-4-83 rCurrently a CUP is required for any development in the Commercial Heavy (CH) Zone adjacent to or across a lot line, alley or street, from existing non -conforming residential uses or limited commercial uses; this change will remove that requirement...Staff recommends approval of the proposed code amendment.] was held at this time. The City Clerk reported the Certificate of Publica- tion was on file. No one was present in this regard. Moved by Waters, seconded by Camacho, the hearing be closed and the proposed amendment to the_ Municipal Code to eliminate the requirement of a Conditional Use Permit where a use or development in the CH Zone is proposed adjacent to mn-conforming residential or limited commercial uses. Discussion. Act. Plan. Dix. Post stated the CUP is no longer necessary; that requirement was enacted before EIR's were required. Motion carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Della. Abstaining; Van Deventer. The Public Hearing on proposed ZONE CHANGE from LIMITED COMMERCIAL PLANNED DEVELOPMENT (CL-PD) to SINGLE FAMILY RESIDENTIAL LARGE LOT (RS-1) at 3731 Calmoor, Assessor's Parcel No. 563-460-33, ZC-2-83 was called at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. (This is companion to the General Plan Amendment above and no action was necessary.) Ordered filed by unanimous vote. The Public Hearing on the EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1794, ESTABLISHING STANDARDS FOR MOTEL DEVELOPMENT {Ordinance No. 1794 was adopted June 28, 1983, as an urgency measure to regulate motel development; the ordinance prohibited kitchens in all but the manager's unit; required CUP approval for all new motels and prohibited motels from locating further than 1500 ft. from a freeway; the ordinance further directed the Planning Com- mission to prepare permanent motel regulations; this hearing is to consider an extension of this ordinance as provided by Gov. Code 65658(a); if not extended the ordinance will expire August 11, 1983. The Planning Commission is scheduled to consider permanent motel regulations at their August 15, 1983 meeting; a public hearing before the City Council may be scheduled for early September. Staff recommends Ordinance No. 1794 be extended for a period of 10 months and fifteen days.] was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. MANUEL CLIGORA 4105 Calmoor Street, president of a Filipino's association was present and spoke for his friend, Frank Avalos, saying they sympathized with him and named what he perceived as the advantages to the City if Mr. Avalos could build his motel. KATHIE WHITE, 1335 East 17 Street, was present and spoke against Ordinance No. 1794, saying Mr. Avalos was singled out, there had been no notice whatsoever, accused certain members of the Council of conniving, hinted at ethnic discrimination and said the Council held the key to' Mr. Avalos' future. CHARLIE ANDAYA 712 Telegraph Canyon Road, Chula Vista, was present and said Ordinance No. 1794 impacted negatively on Mr. Avalos. CORNELIO EVANGELISTA, 1107 East 16 Street, was present and asked why Mr. Avalos should suffer financial ruin at the whim of the Council, described his perception of the circumstances surrounding the passing of Ordinance No. 1794 and said Mr. Avalos is trying his best to gain a foothold in business. David Brooks, 4260 South Vermont, Los Angeles, was present and said he had not known about Mr. Avalos but he has the same problem, he`has property at 8th and K, he turned in his motel plans and they came back to him with a few minor corrections, but he wasn't notified of the urgency ordinance. Mr. Brooks said he has about$50,000 in that property, plus the plans; he was looking at a $20-30,000 loss if he cannot sell the property. Mr. Brooks told of motels he developed in the Los Angeles area and spoke of awards received from Ethel Bradley, the mayor's wife, etc. ROBERTO ANDRADE was present and spoke in favor of the Avalos' project. NAOMI HERRERA, 818 D Avenue, was present and said she lives right across the street from where Mr. Avalos would build and she and the neighbors are 8/9/83 Book 63 Page 12Iij-7 against the motel. DAN LAPP, 305 Drexel, was present, approached the microphone but aside from giving his name and street said nothing. Discus- sion re extension of the ordinance to give staff and Council time to deter- mine whether there will be motels all over the City, sizes of lots, recreational requirements, size of individual units, no one is being denied, Council has not had the opportunity to say what they want, and the residents and members of the church are going to look at that motel every day --no one is being singled out. ROBERT F. WILLIAMS, attorney retained by Frank Avalos, was present and said Council enacted an urgency ordinance to correct a problem that was existing for years; to properly enact an urgency ordinance, Council has to make findings; he thought the Council's findings were improper; if property is used in violation of zoning, there are remedies; you don't enact an ordinance; were these problems in existence or did they develop on June 28 (date of Ordinance No. 1794); if Council was not happy with the zoning, it should have been changed, etc. Mayor Morgan reminded all present of the public hearing on the permanent ordinance to be held by the Planning Commission at 7:30 p.m., Monday, August 15, 1983, and urged them to attend. Discussion. Moved by Morgan, seconded by Van Deventer, this ordinance be extended. Discussion. Vice Mayor Dalla said he has spoken to Mr. Avalos and tried to be candid; he would like to resolve his personal dilemma; but you cannot always make everyone happy; his responsibility is to the larger community; sometimes individuals are impacted; the ethnic considerations raised tonight sadden him; that doesn't enter into this in any way; the ordinance also impacted Mr„ Brooks; people commented no notice was given to Mr. Avalos and Mr. Brooks; staff doesn't have the ability to read Council's mind; in the last six months we have had applications for as many motels as in the past ten years; there have been and there are problems with existing motel units; and the City has proposals to build motels in residential areas; he would repeat his invitation to Mr. Avalos and invite him to spend some time riding with the Police to see what the problems are and why we do not wish to spread those problems to residential areas; Council was trying to do the best for everyone. Motion carried by unanimous vote. Mayor Morgan called a recess at 8:21 p.m. Council reconvened at 8:25 p.m. Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,115, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO FISCAL YEAR 1984-88 MASTER TRANSFER AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, MTDB, SANDAG AND TRANSIT OPERATORS RECEIVING ARTICLE 4 TDA FUNDS." Moved by Van Deventer, seconded by Della, Resolution No. 14,115 be adopted. Carried by unanimous vote. Resolution No. 14,116, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING EXECUTION OF PROPOSED AGREEMENT COVER- ING ALLOCATION AND DISBURSEMENT OF REGIONAL READY PASS REVENUES FOR FISCAL YEAR 1984." Moved by Waters, seconded by Van Deventer, Resolution No. 14,116 be adopted. Carried by unanimous vote. Resolution No. 14,117, "RESOLUTION AMENDING RESOLUTION NO. 13,974 WITH REGARD TO MINIMUM LIMITS OF INSURANCE COVERAGE REQUIRED OF CONTRACTORS PERFORMING PUBLIC WORKS CONTRACTS FOR THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,117 be adopted. The City Manager was asked to bring back a report on the difference in cost and the requirements of the law. Motion carried by unanimous vote. Resolution No. 14,118, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT THE SPECIAL ELECTION OF THE CITY OF NATIONAL CITY ON TUESDAY, NOVEMBER 8, 1983, AND TO CONSOLIDATE THAT ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DAY." Moved by Van Deventer, seconded by Camacho, 8/9/93 Book 63 Page 143 jLg Resolution No. 14,118 be adopted. Bernard Treger, 516 East 24 Street, was present and asked that Council hold its own election and not consolidate with the County. Motion carried by unanimous vote. Resolution No. 14,119, "RESOLUTION OF THE CITY COUNCIL (FTHE CITY OF NATIONAL CITY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 1983, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY A MEASURE RELATING TO STREET LIGHTING AND CONSOLIDATING SAID ELECTION WITH THE 1983 STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE OF ELECTION." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,119 be adopted. Vice Mayor Dalla inquired if this would be a special assessment and if it required a certain percentage. The City Attorney said if the measure is adopted, after studies are made by the City Engineer, an assessment district would be created; the first objective is to find out if public sentiment is for an assessment district. Motion carried by unanimous vote. Resolution No. 14,120, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE." Moved by Van Deventer, seconded by Waters, the wording "...Mayor to file written argument against..." be changed to "...any member to file written arguments for or against..." and Resolution No. 14,120 be adopted. Carried by unanimous vote. Item 19: The City Clerk's Report on OPENING OF SEALED BIDS for TRAFFIC SIGNAL AND SAFETY LIGHTING, Plaza Boulevard and Paradise Valley Road, Spec. No. 931 (Five bids were received: Select Electric, Inc. $52,985.00, Steiny & Co., Inc. $53,390.00, Lekaunas Electric, Inc. $53,900.00, McCain Construction Co., Inc. $57,061.00, Perry Electric - Bid Bond insufficient) was presented. Ordered filed by unanimous vote. Resolution No. 14,121, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AWARDING A CONTRACT FOR INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT PLAZA BOULEVARD AND PARADISE VALLEY ROAD (Engineering Specification No. 931)." Moved by Van Deventer, seconded by Waters, Resolution No. 14,121 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,122, "RESOLUTION ORDERING WORK, DIRECTING PUBLICATION OF NOTICE INVITING BIDS AND ADOPTING SCALE OF PREVAILING WAGES - ASSESSMENT DISTRICT NO. 223 (GROVE STREET WATER IMPROVEMENTS)." Moved by Dalla, seconded by Van Deventer, Resolution No. 14,122 be adopted. Carried by unanimous vote. Resolution No. 14,123, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING REAL PROPERTY FOR STREET PURPOSES (19th Street Right -of -Way - Mizger)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,123 be adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1803 (R/3/84-1}, "ORDINANCE AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE TO UPDATE SECTION 18.24.050." Moved by Waters, seconded by Dalla, Ordinance No. 1803 (8/2/8g-1)be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 5, dated August 2, 1983, in the amount of $45,385.68 (Warrants Nos. 80910 through 80835 - 80910 voided) was presented. Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. 8/9/83 Book 63 Page .14 - J The Fire Chief's recommendation in regard to BASIC AND ADVANCED LIFE SUPPORT SERVICE (Proposals were requested; two were received: Hartson and Medevac; the proposals were evaluated; it is recommended: 1. that the City become an Advanced Life Support provider, 2. that Council award Hartson's Ambulance Service a contract for Basic Life Support and Advanced Life Support services, 3. that Council direct Staff to develop the necessary agreements and contracts) was presented. Prior to the meeting a letter from David M. Thoene, President, Medevac, was presented to Council which stated in part that the cost to the patient under Medevac's proposal is more than $22.00 per paramedic call less than Hartson's; last year nearly 2,000 National City residents needed emergency medical care, if these calls had been subject to Hartson's charges, residents could have paid $40,000 extra for emergency care; Medevac can provide the City with the finest in paramedic service at the lowest cost to the patient. TOM MORGAN, Hartson Ambulance Service, was present and rebutted the higher charges allegation, relating the charges to Medicare, and saying that line items added to the apparent lower cost of Medevac would raise the Medevac cost, the Hartson cost figure was inclusive. DAVID THOENE, President, Medevac, was present and addressed the costs, saying the evaluation showed Hartson was $22 more per trip; assuming service of the two companies was comparable, then the cost should be the deciding factor, etc. Fire Chief Kimble stated he stood by his recommndation to award the contract to Hartson. Discussion. Moved by Van Deventer, seconded by Camacho, we award the contract to Hartson based on the criteria and recommendation supplied to us. Carried by unanimous vote. The request of BERNHARD METTLER for the work to proceed on the 1911 ACT IMPROVEMENT OF 22ND STREET, PROSPECT TO EUCLID was presented. Moved by Dalla, seconded by Camacho, it be referred to staff. Carried by unanimous vote. Item 19: the City Clerk's Report on opening of sealed bids for TRAFFIC SIGNAL & SAFETY LIGHTING, Plaza Boulevard and Paradise Valley Road, Spec. No. 931 (See page no. 143, para. 4). The Building and Safety Department's request for FEE ADJUSTMENT RESOLUTION relating to COUNTY HEALTH FEES (...through long-standing contractual agreement with the County for health services, the City reimburses for performance of said services...this resolution will adjust City fees to be equal to County fees. Staff recommends that there be public announcement that a resolution relating to County Health Fees will be considered at the August 23 Council meeting and that information required by Gov. Code Sec. 54992 will be on file and available for public review in the office of Building and Safety Department.) was presented. Moved by Van Deventer, seconded by Camacho, in favor of the request. Carried by unanimous vote. The CLAIM FOR DAMAGES of PATRICIA ANN ENG arising from an accident on June 6, 1983, and filed with the City Clerk on July 28, 1983, was presented. Moved by Waters, seconded by Camacho, the Claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of GARY E. KING arising from an incident on May 1, 1983, and filed with the City Clerk on August 1, 1983, was presented. Moved by Waters, seconded by Camacho, tl:tc C?..3im he denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION Notice of Decision - Planning Commission Resolution No. 23-83, approving conditional use permit pursuant to Ordinance No. 1794 and to allow develop- ment within a floodway overlay zone at 1620 Plaza Boulevard (Applicant Andy Hsu and Associates - Case File No. CUP-1983-7) was presented. Dis- cussion. Moved by Waters, seconded by Camacho, in favor of this item. Vice Mayor Dalla said he wanted it understood that allowing this Notice of Decision to stand does not in any way commit the Council to approving their Planned Development Permit. Carried by unanimous vote. 8/9/83 Book 63 Page 1,45 )_S0 Notice of Decision - Planning Commission Resolution No. 24-83, approving zone variance to allow division of property into three parcels at 1620 Plaza Boulevard (Applicant Andy Hsu and Associates - Case File No. Z-5-83) was presented. Ordered filed by unanimous vote. Notice of Decision - Planning Commission Resolution No. 26-83, denying an application for conditional use permit to allow the sale of alcoholic bever- ages from 12 midnight to 2:00 a.m. at McDini's Baja Restaurant (Applicant Michael Dini - Case File No. CUP-1983-5) was presented. Discussion. Moved by Van Deventer, seconded by Dalla, Council appeal the Planning Commission denial and the hearing be the second Tuesday in December (December 13). Carried by unanimous vote. Resolution Notice of Decision - Planning Commission/No. 27-83, approving zone variance to allow reduction in required exterior side yard setback from four ft to zero ft at 327 West 11 Street (Applicant Alton and Arlene Beauchamp, Case File No. Z-7-83) was presented. Ordered filed by unanimous vote. CITY MANAGER The City Manager presented the request of San Diego County Boys Baseball for $250.00. Moved by Van Deventer, seconded by Camacho, to grant the request. Carried by unanimous vote. Al Alvarado, Boys Baseball, was present and thanked Council. City Manager McCabe referred to his report regarding CLEANING THE DRAIN AT THE GOLF COURSE which was distributed to Council. Moved by Morgan, seconded by Van Deventer, the report be on the agenda next week. Carried by unani- mous vote. CITY ATTORNEY - No report OTHER STAFF - No report MAYOR Mayor Morgan recommended the City Manager be authorized to buy some of the necessary right-of-way for Euclid Avenue, 16th to 20th Street. Moved by Van Deventer, seconded by Camacho, in favor of the Mayor's recommendation. Lengthy discussion. Carried by unanimous vote. CITY COUNCIL Vice Mayor Dalla inquired about the City Attorney's report on the status of litigation. Vice Mayor Dalla inquired about the traffic signal for Plaza and Palm. City Engineer Benzing said we have preliminary reports from our consultant and will meet with the Traffic Safety Committee on that; the report indicates that a left turn light would be justified. Vice Mayor Dalla said he would like to move ahead as expeditiously as possible. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned. Carried by unanimous vote. The meeting closed at 9:26 p.m. City C1eik The foregoing minutes were approved at the regular meeting of August 16, 1983. Corrections i INo Corrections 8/9/83