HomeMy WebLinkAbout1983 09-13 CC MINBook 63
Page 164
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
SEPTEMBER 13, 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, 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 with invocation by the Rev. Gary Jensen, Paradise
Valley Seventh Day Adventist Church.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Dalla,
meeting of September 61.1983 be approved.
PROCLAMATION
Moved by Van Deventer, seconded by Dalla,
title only. Carried by unanimous vote.
the minutes of the regular
Carried by unanimous vote.
the Proclamation be read by
The Mayor's proposed Proclamation of "CONSTITUTION WEEK -
September 17-23, 1983': was read by title. Moved by Camacho, seconded
by Van Deventer, in favor of this Proclamation. Carried by unanimous
vote.
PUBLIC ORAL COMMUNICATIONS
Dr. Reiner was scheduled to discuss development of his property at the
easterly City limits on Sweetwater Road. Mayor Morgan said Council has
read Dr. Reiner's letter re development of this property and recommended
it be sent to the Planning Commission for study and a report. Moved by
Waters, seconded by Van Deventer, in favor of the Mayor's recommendation.
Caxried by unanimous vote. Dr. Reiner was present and indicated this
was satisfactory.
PUBLIC HEARINGS
The PUBLIC HEARING on PROPOSED AMENDMENT to TITLE 18 (ZONING) of the
NATIONAL CITY MUNICIPAL CODE to INCREASE THE NUMBER OF TIMES that
business may have SPECIAL 3-DAY PROMOTIONS with OUTDOOR DISPLAY WITHOUT
ISSUANCE of a CONDITIONAL USE PERMIT, A-5-83 (On July 26, 1983, Council
directed staff to commence proceedings for a Code amendment to extend
the number of times a year a business may have a 3-day promotion with
outdoor display and sales without issuance of a CUP, from twice a year
to four times a year; on August 15, the Planning Commission conducted
a public hearing and took action to approve and recommend to the City
Council that Section 18.92.030 of the Land Use Code be amended; staff
concurs with the Planning Commission's recommendation) was held at
this time. The City Clerk reported the Certificate of Publication was
on file. Acting Planning Director Post said at the present time, there
is a provision in the Land Use Code allowing merchants to display
merchandise outdoors twice a year; in the past calendar year, there was
only one business that requested more than two. Moved by Van Deventer,
seconded by Dalla, the proposed amendment not be adopted, and we stay
with the same one we have. It was noted that this proposed amendment
was initiated at the request of a single businessman; Council attempted
to accommodate him, but he did not see fit to abide by our rules.
Discussion. Motion carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Waters. Nays: Morgan.
9/13/83
Book 63
Page 165
The PUBLIC HEARING on PROPOSED AMENDMENT to the NATIONAL CITY MUNICIPAL
CODE to ESTABLISH STANDARDS for MOTEL DEVELOPMENT (City initiated),
Case File No. A-6-83 (On June 28, 1983, Council adopted Ordinance 1794
as an urgency measure to regulate motel development, prohibiting
kitchens in all but the managers' units, requiring CUP approval for all
new motels, and prohibiting motels from locating further than 1500'
from a freeway; the Ordinance further directed the Planning Commission
to prepare permanent motel regulations; staff contacted several major
motel chains, two of which are based in the San Diego area; on
August 15, 1983, the Planning Commission held a public hearing on this
matter and the following is a summary of the design standards
recommended: kitchens permitted only in manager's unit; lot size of
20,000 sq. ft.; room size of 300 sq. ft., including bathroom; minimum
of 40 rooms; swimming pool required; 1 parking space per unit;
landscape plan required; at the present time, motels are permitted in
the CT, CG, CM, CH and ML zones; only site plan review and issuance of
a building permit are required; no input from the Planning Commission
or Council occurs; the Planning Commission considered the following two
options, each of which provide additional control: requiring the
approval of a CUP for all proposed motels in all zones; establishing a
"motel overlay zone" by which the Planning Commission and Council could
designate properties suitable for motel development, requiring a
Planned Development Permit for each application; the Planning
Commission recommended the motel overlay zone be approved; staff
concurred with the Planning Commission's recommendation) was held at
this time. The City Clerk reported the Certificate of Publication was
on file, and read into the record 3 letters:
St. Mary's Church
411 East Eighth Street
National City, California 92050
September llth 1983
"City Council
National City California
"St. Mary's Catholic Church has been located at Eighth
and 'D' Streets in National City since 1926. As part of
the community we have always been, and continue to be,
greatly interested in the welfare of this City. The members
of our congregation live and work here and have a vital
interest in the development of National City.
"You merely have to look around to see the investment
in new construction, both residential and commercial,
being made all over the City. This investment speaks for
a prevailing positive outlook for the future of National
City. The citizens of this City continue in the struggle
to improve their lives by way of this investment in the
future of the community. We of St. Mary's are not
indifferent to that struggle. It is because of that
struggle that we speak out now.
"We salute the progressive efforts of the City
Council in developing for the future of National City.
We recognize the difficulties involved in controlling
that development for the best interests of the
community as a whole. A haphazard development which
serves only the financial interests of a few is not in
the best interest of the community.
9/13/83
Book 63
Page 166
"In furtherance of the cooperative spirit that has
always existed between St. Mary's and City Government,
St. Mary's Parish Council now adds our full support to
the City Council's enactment and enforcement of an
ordinance establishing standards for motel development
in National City, that is Ordinance 1794.
"(s)
(s)
(s)
(s)
(s) Alice L. Steeber
(s) William J. Ortman
Pastor"
September 13, 1983
Jesse E. VanDeventer (s) Pat Murphey
President
Mary Murphy
Secretary
Edward Bodge
Public Relations Comm.
Jim McDonald
Liturgy Co -Comm.
Community Services Comm.
"Planning Commission and City Council
1243 National City Blvd.
National City, California 92050
(s)
Vice President
Michael R. Dalla
Administrative Comm.
(s) Joseph Tuminting
Youth Comm.
(s)..Jerri McDonald
Liturgy Co -Comm.
(s)
Elizabeth Morales
Education Comm.
"The membership of the National City Ministerial Association
in regular meeting September 13, 1983, authorized its
President, the Rev. Mr. Wayne E. Rowland to make
representations on its behalf to the National City Council
regarding proposed Motel Development ordinances and
standards as follows:
"The National City Ministerial Association endorses
in principle the language of the ordinance and standards
as proposed by the National City Planning Commission
except to request that the permanent ordinance and
standards include a specific prohibition against any
motel development within the near proximity (two blocks)
of any existing church facility or property priorly
designated for Church use.
"Sincerely
NATIONAL CITY MINISTERIAL ASSOCIATION
(s) Wayne E. Rowland"
August 15, 1983
"Planning Commission and City Council
1243 National City Blvd.
National City, California 92050
"The enclosed petition signed by one hundred twenty-six
members and constituents of and worshippers at the First
United Methodist Church located at 242 East Eighth
Street at C Avenue, National City, California, calls
upon and urges the National City Planning Commission
and City Council to adopt the highest possible standards
9/13/83
Book 63
Page 167
governing development of motels and hotels within the
City and to decline to grant waivers therefrom.
"We are specifically greatly concerned over and disturbed
about the proposed development of such a motel at the
corner of Eighth Street and C Avenue which we hold would
negatively impact our existing church use of property
as follows:
"1. Street parking would be impacted by:
a. Deletion of existing parking spaces where
driveways would be cut;
b. Parallel parking of tractor -trailer rigs
along Eighth and Ninth Streets and C Avenue, consuming
spaces presently used by automobiles (some would
undoubtedly park directly in front and alongside of the
Church.);
c. Street parking of additional vehicles
operated by multiple residents of a motel unit or their
visiting guests over and above the allotted off-street
parking spaces provided.
"2. Such motel complexes tend to attract less stable
and semi -itinerant residents. Often such residents room
together for thirty to sixty days in one such facility
then move to another and then another.
"3. The stability of sociological factors often
deteriorate in neighborhoods with such facilities, with
a concurrent increase in prostitution, pandering, drug
dealing and use, thievery, robbery, sexual and other
harassment, assault and rape. The concern over the
possibility of such things happening would tend to
discourage participation in church activities and
programs by seniors, women, youth and the parents of
youth and children.
"Recognizing the most difficult task you have as a Planning
Commission, being charged to discern what is in the best
interest of the community and to guide development within
the City to that end while yet assuring the rights of
property holders to reasonably pursue their economic
prosperity, we urge you to adopt the highest possible
standards for motel development. We urge the increase
of off-street parking requirements from one to one and
one-half parking spaces per unit without waiver. We
strongly urge and beseech that no motel be allowed to be
developed in near proximity to an existing church
facility.
"Thank you for your attention to our plea.
"Sincerely,
(s) J. Thomas Taylor, Pastor
THE FIRST UNITED METHODIST CHURCH
242 East Eighth Street
National City, California 92050"
9/13/83
Book 63
Page 168
Acting Planning Director Post said we have basically two items, motel
development standards (lot size, etc.) and the permit process;
presently there is no public hearing required for approval of a motel;
the Planning Commission has suggested Council establish a motel overlay
zone, or possibly the requirement of a CUP. The Rev. THOM TAYLOR,
First United Methodist Church, was present and said even after
discussing this with Mr. Avalos and his attorney, the officers of the
church feel it is incompatible to have a motel and a church in adjacent
proximity; they appreciate the efforts of Mr. Avalos to communicate
with them and if Council approves this, they will make every effort to
work out the problems. HENRY EMPANO, JR. (Attorney for Mr. Avalos),
711 E. 16th St., was present and said this issue is more than a
business interest for him; he grew up in National City and lived here
until he went away to college; his office is in National City; this is
not a racial issue, but he senses a feeling of unfairness; he agrees
with the intent of the proposed ordinance; if an ordinance is passed
requiring a permit procedure, he requests it be a CUP rather than a
motel overlay zone; the CUP option is more flexible; he requests that
if an ordinance is passed requiring a permit process, those people who
had applications pending be exempted; Mr. Avalos invested a lot of time
and money in good faith; he is aware of the problems with the church
and they are willing to compromise. PAT MURPHEY(Vice Pres., Parish
Council, St. Mary's Church), 1425 'K' Ave., was present and reaffirmed
the statements in their letter to Council. ROBERT WILLIAMS (represent-
ing Mr. Avalos) was present and requested that Councilmen Van Deventer
and Dalla abstain from voting on this issue since they signed the
letter from St. Mary's Church, expressing a pre -conceived opinion
supporting the Planning Commission; the Planning Commission's
recommendations are too harsh; Council should adopt some sort of CUP
whereby each application can be judged on its own merits. Vice Mayor
Dalla said Ordinance 1794 was passed on June 28 by unanimous vote and
extended on August 9; the letter he and Councilman Van Deventer signed
simply supports what Council has already approved. Councilman
Van Deventer said he discussed this matter with the City Attorney before
he signed the letter. City Attorney McLean said he heard nothing that
would raise a legal issue; there is no disqualification. Discussion.
H. DONALD HUGHES, 644 'M' Ave., was present and said he is a member of
the First United Methodist Church, but he is here as a property owner;
he has lived in National City for almost 30 years; he moved into an
area 13 years ago where one apartment had a CUP to locate; 13 years
later he has another apartment building on the other side of his
property; he is also two blocks from a motel; he is concerned about a
motel in the downtown area. Councilman Waters said when this whole
thing came up, Council was concerned with kitchens in motels and the
units being rented cut like apartments; he did not have it in mind to
legislate anybody out of business; he checked a couple of motels the
size of the one Mr. Avalos is proposing and they have had only 2 police
calls in 2 years; some of the bigger motels have had a lot more police
calls; Mr. Avalos was willing to do away with kitchens and meet all the
requirements; when this property is developed, it will be the first
time any off-street parking has been available; a 98-unit motel has been
proposed on Plaza and it has not had any objection from Council, even
though the property owners in that area do not want it. Moved by
Morgan, in favor of the Planning Commission's recommendation and all
stipulations. Motion died for lack of second. Councilman Camacho said
he would go along with a good ordinance; Mr. Avalos was willing to do
anything that would enhance his chance to build a motel here; he put a
lot of time and money into his project; he cannot vote for this
Ordinance unless it is effective in 30-60 days from now and the people
who have investments would be allowed to complete their project; if
Mr. Avalos is not going to be allowed to build his motel, he should be
paid to restore his property to its former condition. Councilman
Van Deventer said he is in favor of the CUP; he does not support the
minimum of 40 rooms; he does not feel the quota relating to parking
9/13/83
Book 63
Page 169
spaces is adequate; none of the motels in the City has adequate parking
on Friday and Saturday nights; if we are going to get an upgraded type
of motel, we need landscaping and swimming pools; by requiring a CUP,
we could look at each individual case. Discussion. City Attorney
McLean said if there is a material change in the Ordinance, it will
have to go back to the Planning Commission. Councilman Van Deventer
said for every 3-4 units, there should be an extra parking space; there
should be a 20-unit minimum and for over 20 units, a swimming pool
should be required; room size should be 300 sq. ft.; there should be a
minimum lot size and landscaping. Further discussion. Moved by Waters,
seconded by Van Deventer, this be referred back to the Planning
Commission and Councilman Van Deventer's comments be considered, and
favor the CUP over the overlay, and the Public Hearing be continued to
October 25. Discussion. Motion carried, by the following vote,
to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan.
Mayor Morgan called a recess at 8:24 p.m.
Council reconvened at 8:27 p.m.
ROLL CALL
Council members present: Camacho, Dalla, Van Deventer, Waters, Morgai.
Absent: None.
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Dalla, the Resolutions be presented
by title only. Carried by unanimous vote.
Resolution No. 14,137, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO
ENTER INTO AN ACQUISITION ESCROW FOR PROPERTY AT 2336 EAST 13TH STREET
(SCHERKENBACH) PER ESCROW NUMBER 869695 DATED AUGUST 25, 1983 (FIRST
AMERICAN TITLE COMPANY)." Moved by Van Deventer, seconded by Camacho,
Resolution No. 14.1137 be adopted. Carried by unanimous vote.
Resolution No. 14,138, "RESOLUTION ACCEPTING GRANT DEED FOR STREET
PURPOSES (R.M. AND G. SCHERKENBACH, 2336 E. 13TH STREET, PARCEL NO.
557-380-32)." Moved by Van Deventer, seconded by Dalla, Resolution No.
14,138 be adopted. Carried by unanimous vote.
Resolution No. 14,139, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO
VACATE AND CLOSE A PORTION OF 15TH STREET FROM THE EASTERLY LINE OF
CLEVELAND AVENUE EAST A DISTANCE OF 125 FEET (CASE FILE NO. SC-2-82)."
Moved by Van Deventer, seconded by Waters, Resolution No. 14,139 be
adopted. Carried by unanimous vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER NO. 10, dated September 6, 1983, in the amount of
$68,560.00 (Warrants Nos. 81189 through 81242 [81189 and 81242 voided])
and CERTIFICATION of PAYROLL for the period ending August 31, 1983, in
the amount of $302,993.83 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 CLAIMS for DAMAGES of ERNESTO MARTINEZ, JOSE ALFREDO PINA
MARTINEZ and JULIA HERNANDEZ MARTINEZ, arising from an incident on
June 3, 1983, and filed with the City Clerk on September 7, 1983 were
presented. Moved by Waters, seconded by Camacho, these claims be
denied and referred to the City Attorney. Carried by unanimous vote.
9/13/83
Book 63
Page 170
The request for ON -SALE BEER AND WINE LICENSE, TYPE 41, of Rosalinda
Carrillo, dba ROBERTO'S MEXICAN FOOD, 2414 Hoover Ave., Suites C, D &
E (Police and Building Departments state no objection; Planning Dept.
recommends this license be protested until such time as the following
is assured: A. Alcoholic beverage sales shall be incidental to food
service; B. There shall be no bar or counter over which the on -sale
alcoholic beverages shall be served to the public; C. All live
entertainment and dancing shall be prohibited; D. There shall be no
sale of alcoholic beverages after midnight) was presented. Moved by
Dalla, seconded by Van Deventer, this license be protested until such
time as the conditions stated by Planning are met. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters.
Na;Ts: None. Abstaining: Morgan.
OTHER BUSINESS
PLANNING COMMISSION - NOTICES OF DECISION
Planning Commission Resolution No. 28-83, APPROVING APPLICATION for
CONDITIONAL USB PETErr to ALLOW DEVELOPMENT of a FOUR-STORY, 98-UNIT
MOTEL, pursuant to Ordinance No. 1794, within the 1600 block of Plaza
Blvd., North side, CUP-1983-11 (On June 28, 1983, Council adopted
Ordinance No. 1794 which prohibits kitchen facilities in newly
constructed motels, prohibits new motels further than 1500' from a
freeway, and makes all proposed motels subject to conditional use
permit approval; this application is being processed to satisfy the
requirement of said Ordinance for CUP approval only; development of the
project is subject to issuance of a Planned Development Permit; staff
concurs with the Planning Commission's approval) was presented. Moved
by Dalla, seconded by Van Deventer, Council appeal and this be set for
public hearing on October 25. Carried, by the following vote, to -wit:
Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan.
Planning Commission Resolution No. 29-83, APPROVING REQUEST for
EXTENSION of TIME in which to exercise PLANNED DEVELOPMENT PERMIT at
908-914 E. 8th St., PD-3-81 (...involves the proposed development of
two commercial buildings having a total floor area of about
33,960 sq. ft. on property containing 76,576 sq. ft.; project site has
235 lineal ft. of frontage and is located on the South side of 8th St.,
about 115 ft. East of Highland; this Planned Development Permit became
effective on August 19, 1981; there has been a one-year extension
granted and is now due to expire on August 23, 1983 if not extended;
staff concurs with the Planning Commission's approval) was presented.
Ordered filed by unanimous vote.
Planning Commission Resolution No. 30-83, APPROVING ZONE VARIANCE to
ALLOW NUMBER of COMPACT CAR PARKING SPACES to EXCEED 25% of total
number required by 3 spaces in conjunction with development of a
4-story, 98-unit motel within the 1600 block of Plaza Blvd., North
side, Z-6-83 (Land Use regulations provide that 25% of the total number
of required off-street parking spaces, for any commercial development,
may be allocated to and sized for use by compact cars; applicant is
requesting a variance to allow the number of compact car spaces to
exceed the 25% rule by 3 spaces; because of the grade difference
between 12th St. and Plaza Blvd., and the various on -site grade changes
required to facilitate the proposed 4-story motel, only 72 standard
size parking spaces can be provided in accordance with code; the
remaining 28 spaces required can only be provided in accordance with
code if compact in size; staff concurs with the Planning Commission's
approval) was presented. Moved by Dalla, seconded by Van Deventer,
Council appeal and this be set for public hearing on October 25, 1983.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla,
Van Deventer, Waters, Nays: Morgan.
CITY MANAGER - No report.
9/13/83
Book 63
Page 171
CITY ATTORNEY
City Attorney McLean said he learned this afternoon that the matter of
the National City Businessmen's Assoc. suit against downtown
redevelopment was denied and the City's actions validated.
OTHER STAFF - No reports.
MAYOR
Mayor Morgan said he talked to the City Engineer re the drain at
Sweetwater Rd. and Calmoor; the drain will carry 11 cubic feet per
second and the catch basin will carry 35 cubic feet per second; it
will cost $7,000 to put in an outlet that will carry 36 cubic feet per
second. Discussion. City Manager McCabe said he would look into it
and report next week.
CITY COUNCIL
V.,c Mayor Dalla said he thought Capital Improvements would cover the
drain =etwater Rd. & Calmoor.
Councilman Van Deventer asked how the invert would catch that much
water.
City Engineer Benzing explained the Capital Improvement money is to
upgrade the crossing of Sweetwater Rd.; the drain at Sweetwater &
Calmoor was installed by the subdivider (Ray Huffman) and signed off by
the City. The $7,000 would put in a larger catch basin.
Councilman Waters congratulated City Attorney McLean on his success with
the downtown redevelopment suit.
ADJOURNMENT
Moved by Waters, seconded by Dallas the meeting be adjourned to
4:00 p.m., September 20, 1983. Carried by unanimous vote. The meeting
closed at 8:39 p.m.
CITY CLERK,
The foregoing minutes were approved at the regular meeting of the City
Council on September 20, 1983.
Corrections i/ No Corrections
.41
MA •R
CITY OF NATIONAL CITY, CALIFORNIA
9/13/83