Loading...
HomeMy WebLinkAbout1983 10-25 CC MINCIA Book 63 Page 191 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 25, 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, Dalia, 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 City Manager McCabe after a minute of silence for the Marines killed in action. APPROVAL OF MINUTES Mayor Morgan requested page 187, para. 3 of the minutes of the regular meeting of October 18, 1983 be changed to delete the unseconded motion and change the vote in the same paragraph to: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Moved by Van Deventer, seconded by Camacho, the minutes be approved with this change. Carried by unanimous vote. PROCLAMATIONS Moved by Van Deventer, seconded by Camacho, the Proclamations be read by title only, Carried by unanimous vote. The Mayor's proposed Proclamation, "ARMY COLLEGE FUND MONTH - October, 1983" was read by title. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. The Mayor's proposed Proclamation, "NAVAL TRAINING CENTER DAYS - October 24-28, 1983" was read by title, Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. The Mayor's proposed Proclamation, "CALIFORNIA'S YEAR OF SCHOOL SAFETY AND STUDENT AiliNDANCE 1983-1984" and "CALIFORNIA'S SAFE SCHOOL WEEK - October 24-28, 1983" was read by title. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. The Mayor's proposed Proclamation, "VETERANS UNITY MONTH - A SALUTE TO WOMEN VETERANS - November, 1983" was read by title. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. PRESENTATIONS Fire Chief Kimble was present and said the National City Fire Dept., in conjunction with the Sweetwater Union High School District, sponsored an essay contest, the subject being, "What Will Fire Protection Do For Me?"; the 8th St. branch of Bank of America donated 10 $25 cashier's checks and Chuck E. Cheese donated 10 free meal certificates as awards to the ten winning students; approximately 800 students participated and each received a Chuck E. Buck good for 5 game tokens. Mr. Darwin Weidauer, Branch Manager of the Bank of America, and Chuck E. Cheese were present and presented awards to the following students: National City Jr. High: Melanie Clarke, Cindy Baclagan and Melisa Morales; Granger Jr. High: Misty Herndon, Arleen Fernando and Jesse Bie; Sweetwater High School: Victoria Conde, Alexander Preclaro, Tammy Fernandez and Gerald Rembao. 10/25/83 Book 63 Page 192 Chief Kimble announced that Bank of America had agreed to sponsor an essay contest next year. Mayor Morgan thanked the Bank of America and Chuck E. Cheese for their participation. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The continued Public Hearing on the PROPOSED AMENDMENT to TITLE 18 (ZONING) of the National City Municipal Code to ESTABLISH STANDARDS for MOTEL DEVELOPMENT, Case File No. A-6-83 (On August 15, 1983, the Planning Commission voted to recommend approval of this Code Amendment and the proposed standards; on September 13, 1983, Council held a Public Hearing on this matter; Council felt certain changes needed to be considered and the City Attorney advised that any such changes must first be considered by the Planning Commission; the following is a summary of the regulations previously recommended by the Planning Commission: kitchens permitted only in manager's unit, lot size 20,000 sq. ft., room size 300 sq. ft. including bathroom], minimum number of rooms 40, swimming pool required, 1 parking space per unit, landscape plan required, Motel Overlay Zone; at Council's direction, the Planning Commission considered the following suggested revisions at their October 3 meeting; minimum number of rooms - 20; a range of 1 1/10 to 1 1/3 parking spaces per unit, Conditional Use Permit required; if larger motels are to be encouraged, the 40-unit minimum should remain; if smaller motels are to be given a chance, the 20-unit figure would be appropriate; in addition, all motels of 20 units or more would be required to have a swimming pool; Council directed that in addition to the existing one parking space per unit, an additional space be provided for each 3 or 4 rooms; all motels currently pending approval have based their parking layout on the existing 1:1 standard; they would need to be significantly redesigned if there was an increase in the required parking; Council's motion included a preference for the CUP process as opposed to establishing a Motel Overlay Zone; far more properties would be permitted to have motels if the CUP option is selected; after considering the points raised by Council, the Planning Commission voted to recommend leaving the proposed standards unchanged, including the Motel Overlay Zone; once a set of standards is approved by Council, it is assumed that any motel currently under consideration can go forward if it complies with all of the new regulations, as well as the provisions of the interim ordinance) was held at this time. Mayor Morgan reported he owned a restaurant on property that would be affected and inquired if he should vote relative to the Motel Overlay Zone. City Attorney McLean advised unless he would receive some benefit that others owning similar property did not receive, he could see no reason for the Mayor to abstain. HENRY EMPENO JR. (Attorney representing Frank Avalos), 711 E. 16th St., was present and said Mr. Avalos' position remains the same; Mr. Avalos is requesting that Council provide an exception to whatever Ordinance or CUP passed tonight, or give him restitution for his losses. JOHN , Bonita, was present and said he is not a resident of National City, but he lived here several years while in the military, and many of his friends are from National City, one of them being Frank Avalos; Mr. Avalos has noble concerns for National City and he would not put up an ugly project that would diminish the image of the City; he hopes the Ordinance will give Mr. Avalos an exception so he can proceed with his project; he does not agree with the rationale that motels breed vice; the City needs good looking, quality, inexpensive motels; Mr. Avalos does not desire special treatment, but fair treatment. SHIRLEY FERRIL, 2712 E. 14th St., was present representing the First United Methodist Church, and said she was asked to represent the church and present Council with 45 petitions, signed by 162 church members, 354 members of 8 other churches located in National City, and 418 concerned residents, plus another church has indicated that 75 members of their church are in support of the petition; they urge Council 10/25/83 Book 63 Page 193 to adopt the Planning Commission's overlay zone proposal; a police report indicated that a motel located within blocks of a saturated area with bars and small motels of this type requires frequent police attention; a motel of this size should be denied in the downtown area of the City until planned development has been completed. MARIE EGAN, 2808 'N' Ave., was present and said she has been a member of St. Mary's Church since 1948 and is here to represent the parish tonight. Ms. Egan read into the record a letter from the pastor of her church. St. Mary's Church 411 East Eighth Street National City, California 92050 25 October 1983 "Dear City Council of the City of National City; "I have asked the bearer of this letter to represent St. Mary's Catholic Church of National City, its Parish Council, and myself, Father Bill Ortmann, Pastor of St. Mary's. "We are here before you this evening to repeat and re- affirm the stand we spoke for September 11, 1983 in these same council rooms. "Then as now we support the City Council's efforts to enact and enforce an ordinance establishing high standards for motel development in National City. "At that time, September 11, I believe the Ordinance 1794 (Title 18 Zoning) was under considerations. We support those standards and ask the Council to decline the granting of waivers from the content and/or meaning found in the statement of those standards. "Thank you for allowing us this opportunity to speak and share our views with you. "Sincerely yours, (s) Rev. William J. Ortmann, Pastor" Ms. Egan said she feels a motel at 8th & 'C' would be a deterrent instead of an asset. DAVID BROOKS, 4260 Vermont, Los Angeles, was present and said he is building a 28-unit motel in National City; it is his contention that the Motel Overlay Zone would too narrowly restrict a commercial zone of motel construction, and along with the proposed minimum square footage of tihe construction site, discriminates against the small developer; the "mom and pop" operation has been the backbone of our country; if the City makes it impossible for the small developer to come into the City, motels will be crowded into small restricted sections causing extreme competition; older motels cannot compete with new ones; a motel with 20 units is a good size; less than 20 units is not usually economically feasible; each proposed motel development should be evaluated on its own merits. WALTER POPELAR, 908 E. 1st St., was present and said he is a retired engineer and Chairman of the Park and Recreation Advisory Board; National City is composed of honest people who are trying to do a good job, however, no one is harassed as much as the Planning Commission; our Planning Commission is doing a good job. No one else was present to speak in this regard. Discussion. City Attorney McLean said there are basically two course of action available; one possibility is to close the public hearing, but state 10/25/83 Book 63 Page 194 that you are not sure that the Planning Commission has quite understood that you want some very specific questions answered, and send it back to them and have it back here for some final Council action; alternatively, if Council has heard all they need to hear, and have had all the advice from the Planning Commission needed to make all of the basic choices, these last few points can be handled without a new referral to the Planning Commission; he does not believe it was the intent of the Planning Commission to mandate a manager's apartment; that would be addressed in the CUP; landscaping could be handled in the CUP; nothing has been raised, that from a legal point of view, has to go back to the Planning Commission. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed, Planning Commission's recommendations be adopted, including the CUP and the Motel Overlay Zone, the minimum number of units to be 20 instead of 40, a swimming pool with 525 sq. ft. surface required, one parking space per unit required with one extra space required for each 10 units up to fifty, over fifty units, one additionalparking space for every 20 units. Discussion. Moved by Camacho, seconded by Waters, the motion be amended to show the lot size be reduced to 12,500 sq. ft. Amendment failed by the following vote, to -wit: Ayes: Camacho, Waters. Nays: Dallas Van Deventer, Morgan. Discussion. Motion carried by unanimous vote. Acting Planning Director Post displayed a Motel Overlay Zone Map. Moved by Van Deventer, seconded by Camacho, the areas previously mentioned be referred to the Planning Commission for consideration of Motel Overlay Zone (Roosevelt from Division to 7th St.; Plaza Blvd., 805 West to 'L' Ave., both sides of Plaza; Plaza Blvd. from 805 to Euclid, both sides; Sweetwater Rd. from 805 to Grove, North side; Sweetwater Rd. from 'L' Ave. to Gemco; Sweetwater Rd. from 805 East to 54 on the North side; Boat Launch ramp, East side). Discussion. Motion carried by unanimous vote. The Public Hearing on Planning Commission Resolution No. 28-83 APPROVING APPLICATION for CONDITIONAL USE PERMIT 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 (This application is being processed to satisfy the requirement of Ordinance 1794 for Conditional Use Permit approval only; staff concurs with the Planning Commission's approval); The Public Hearing on Planning Commission Resolution No. 30-83 APPROVING ZONE VARIANCE to ALLOW the NUMBER of COMPACT CAR PARKING SPA( S to EXCEED 25% of the 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 (...involves the proposed development of 98 motel units; 98 off-street spaces are required; plans submitted indicate provisions for 98 parking spaces; 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 70 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); and The Public Hearing on Planning Commission Resolution No. 38-83 APPROVING an APPLICATION for PLANNED DEVELOPMENT PERMIT to ALLOW DEVELOPMENT of a FOUR-STORY, 98-UNIT MOTEL on property located within the 1600 block of Plaza Blvd., North side, Case File No. PD-2-83 (...involves the develop- ment of a 4-story, 98-unit motel containing a total floor area of 49,760 sq. ft., deli, swimming pool, landscaping and off-street parking on property having a total land area of 52,790 sq. ft.; the project site is a through lot lying between 12th St. and Plaza Blvd., immediately East of and abutting Dr. Free's dental office at the NE corner of Plaza & Palm; 2 single-family dwellings presently exist on -site and are proposed 10/25/83 Book 63 Page 195 for removal; applicant proposes to grade the site so as to provide that the first floor of the building will be below the grade of 12th St.; this will lessen the impact on the residential dwellings located on the North side of 12th St.; in addition, extensive landscaping is proposed within 10' of the property line along 12th St. frontage; access to the motel will be provided from Plaza Blvd. and 12th St., with vehicular exiting limited to right turn only on Plaza and left turn only on 12th; it has been suggested that the 12th St. access be closed; the Fire Dept. has requested that at least emergency access be maintained; Condition lla of said resolution requires the developer to contribute $420 toward the turn signal improvements at Plaza and Palm; staff concurs with the Planning Commission's recommendation) were held at this time. The City Clerk reported the Certificates of Publication and Affidavits of Mailing for the three public hearings were on file, JUDY SIROIS BOSS, 1311 '0' Ave., was present and said she and 250 residents in the area are concerned with the environmental impact on the area; they signed a petition demanding a 4-way turn signal at Plaza and Palm and a push- button light for children; they have other concerns about the traffic, smog and the noise. City Manager McCabe said he has made a traffic study on this intersection and will be bringing it back to Council. Vice Mayor Dalla said a traffic signal for this intersection is being designed and the project will be completed as soon as possible. Discussion. ROSALIE ZARATE, 1720 E. 12th St., was present and said she feels 12th St. should be closed off so that there is no traffic coming in and out, and it should be well landscaped. RONALD DAVIS,(architect for the project), 3578 30th, San Diego, was present and said he had discussed the 12th St. exit with the Fire Marshal and the Fire Dept. would like to have 12th St. open for fire access; the access would be for emergency use only. Discussion re landscaping, delivery trucks and the developer's contribution toward the traffic signal. City Engineer Benzing said he looked into the existing traffic going into the intersection, the projected traffic from the expanded South Bay Plaza and from the motel projects; existing traffic accounts for approximately 77% of the proposed future traffic; South Bay Plaza will add approximately 17% more traffic, the proposed motel on the South side of Plaza will add about 5.7% and the motel on the North side will add about 7/10 of 1%. Further discussion. Moved by Van Deventer, seconded by Dalla, the Public Hearings be closed, the recommendations of the Planning Commission and staff be approved, including the condition that this particular project would fall within the conditions approved in Hearing No. lji and traffic access on 12th St. be limited to fire apparatus. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters, The Public Hearing on Planning Commission Resolution No. 32-83 APPROVING CONDITIONAL USE PERMIT to ALLOW a 10-UNIT ADDITION to an existing 36- UNIT MOTEL pursuant to provisions of Ordinance No. 1794 at 425 Roosevelt Ave., CUP 1983-10 (This application is being processed to satisfy the requirement of Ordinance 1794 for Conditional Use Permit approval of a proposed 10-unit addition to an existing 36-unit motel; staff concurs with the Planning Commission's approval); and The Public Hearing on Planning Commission Resolution No. 33-83 APPROVING ZONE VARIANCE to allow REDUCTION in required FRONT YARD SETBACK from 10' to 5' at 425 Roosevelt Ave., Z-9-83 (In January, 1980, the Planning Commission approved application for zone variance to allow reduction in setback to 5' frontage along Roosevelt Ave. in conjunction with development of the existing 36-unit motel; the property owner desires to construct an addition to the existing motel that will provide 10 additional units; to facilitate relocation of parking spaces and the additional 10 spaces required, the owner acquired the adjoining 50' wide parcel that abuts the northerly property line of the motel site and is requesting zone variance to allow reduction in the required 10' front yard setback on this property to 5' to align development with that of the existing motel; staff concurs with the Planning Commission's * See Para. 1, Page 194. 10/25/83 Book 63 Page 196 approval) were held at this time. The City Clerk reported the Certificates of Publication and Affidavits of Mailing for the two public hearings were on file. Acting Planning Director Post said that under the provisions of the new motel standards, if approved, this motel would become lawful non -conforming because of the size of the rooms and the fact that there is no pool. WILLIAM GAYNOCK, Manager, Stagecoach Budget Inn, was present and said his motel rooms are 264 sq. ft.; the proposed additional 10 rooms will also be 264 sq. ft. per room; at present, they do not have room for a pool; however, they are considering further expansion in the future and would like to put in a pool at that time; he tries to keep prostitution out of his motel as much as possible; if he has a problem, he calls the police. No one else was present to speak in this regard. Moved by Van Deventer, seconded by Dalia, the Public Hearing be closed, the application for Conditional Use Permit be denied because it does not conform, and the Zone Variance be denied until a CUP that conforms is obtained. Carried by unanimous vote. The Public Hearing on Planning Commission Resolution No. 39-83 APPROVING PLANNED DEVELOPMENT PERMIT to ALLOW DEVELOPMENT of a THREE-STORY, 70- UNIT MOTEL at 1620 Plaza Blvd., PD-1-83 (...involves the proposed development of a 3-story, 70-unit motel building with detached manager's unit and registration office, swimming pool, and off-street parking with access to Plaza Blvd.; Council has previously approved a Zone Variance and Conditional Use Permit for the project; because this development involves only a portion of the vacant properties owned by the proponent, the Planning Commission conditioned that the setback area along Palm Ave., adjacent to the frontage of parcel 2, be landscaped and irrigated, and the setback area along Plaza Blvd. frontage of parcel 2 be mounded, landscaped and irrigated in conjunction with development of the motel; the Planning Commission conditioned the applicant to contribute $3,420.00 toward traffic signal improvements at Plaza and Palm; staff concurs with the Planning Commission's approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. JUDY SIROIS BOSS, 1311 '0' Ave., was present and said area residents are requesting a turn lane on Palm, and a right turn only, going East on Plaza. Discussion re eventual widening of Palm Ave. DAN BIGGS (Engineer), 2727 Hoover Ave., was present and said they had a traffic study done and found that it is necessary to have two exits from the property; he agrees there is a problem with traffic at Plaza and Palm; they have done everything they can to comply with the City; he thought this could be worked out. Further discussion. ANDY HSU, 7416 Gerard, was present and said he is planning on getting into the second and third phases as soon as they can get somebody for the restaurant; he is looking for a restaurant operator. Further discussion. No one else was present to speak in this regard, Moved by Waters, seconded by Camacho, the Public Hearing be closed and the recommendations of the Planning Commission and staff be approved with all stipulations. Discussion. Carried by unanimous vote. Mayor Morgan called a recess at 8:59 p.m. Council reconvened at 9:04 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,155, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR CAPITAL IMPROVEMENT PROGRAM (INSTALLATION OF ATHLETIC FIELD TIMERS)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,155 be adopted. Carried by unanimous vote. 10/25/83 Book 63 Page 197 Resolution No. 14,156, "RESOLUTION AWARDING CONTRACT FOR STORM DRAINAGE FACILITIES IN OLIVE AVENUE (Engineering Specification No. 937)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,156 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,157, "RESOLUTION CATCH BASINS IN OLIVE AVENUE SOUTH Specification No. 937)." Moved by Resolution No. 14,157 be adopted. AUTHORIZING A BUDGET AMENDMENT FOR OF EIGHTH STREET (Engineering Van Deventer, seconded by Dalla, Carried by unanimous vote. Resolution No. 14,158, "RESOLUTION ESTABLISHING STOP REGULATIONS ON THE EAST AND WEST LEGS OF 16TH STREET AT ORANGE AVENUE, THE SOUTH LEG OF VAN NESS AVENUE AT 20TH STREET, THE NORTH AND SOUTH LEGS OF LANOITAN AVENUE AT 20TH STREET AND THE WEST LEG OF 14TH STREET AT EUCLID AVENUE." Moved by Camacho, seconded by Dalla, Resolution No. 14,158 be adopted. Lengthy discussion re the proposed stop sign at 16th & Orange and the intersection at Euclid and 16th. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Nays: Morgan. Resolution No. 14,159, "RESOLUTION ABOLISHING TAXI STAND ON THE SOUTH SIDE OF SEVENTH STREET FROM ROOSEVELT AVENUE TO 66 FEET EASTERLY AND ESTABLISHING A TAXI STAND ON THE SOUTH SIDE OF SEVENTH STREET FROM 110 FEET EAST OF ROOSEVELT AVENUE TO 150 FEET EAST OF ROOSEVELT AVENUE, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,159 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,160, "RESOLUTION ESTABLISHING NO STOPPING ANY TIME ZONES ON THE NORTH SIDE OF 18TH STREET FROM PROSPECT STREET TO 70 FEET EASTERLY AND THE SOUTH SIDE OF 14TH STREET FROM EUCLID AVENUE TO ALLEY WESTERLY OF EUCLID AVENUE, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by Waters, seconded by Van Deventer, Resolution No. 14,160 be adopted. Carried by unanimous vote. Resolution No. 14,161, "RESOLUTION SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS ON A PROPOSED SMALL CITIES GRANT APPLICATION TO THE STATE OF CALIFORNIA." Moved by Waters, seconded by Dalla, Resolution No. 14,161 be adopted. Carried by unanimous vote. Resolution No. 14,162, "RESOLUTION EXPRESSING SUPPORT FOR OUTREACH PROJECT ENTITLED "THE CHEMICAL PEOPLE". Moved by Van Deventer, seconded by Dalla, Resolution No. 14,162 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 16, dated October 18, 1983, in the amount of $83,248.58 (Warrants Nos. 81613 through 81679 [voided 81613]) 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 Purchasing Agent's request for AWARD OF BID G.S. 8384-1, CONTRACT FOR STREET MATERIALS: ASPHALTIC CONCRETE AND SUPER COLD MIX (The City's annual requirements for two of its street materials were submitted to 4 vendors; the 2,560 tons of asphaltic concrete are used for the Street Department's in-house overlay program and the 200 tons of super cold mix are needed for on -going street maintenance and repair; the lowest bids were submitted by Sim J. Harris Co. for the asphaltic concrete and Gulf Oil Co. for the super cold mix; Proof of Publication for the Notice of Bidders is on file with the Purchasing Dept.; all vendors will meet the City's requirements for a current Business License, Insurance Certificate and Affirmative Action Program; funds were budgeted for these contracts in FY 83-84 in accounts 109-522-500-567-1334 and 001-422-221-362; staff recommends Bid GS 8384-1 be awarded to Sim J. Harris Co. for asphaltic 10/25/83 Book 63 Page 198 concrete in the amount of $69,760.00 and to Gulf Oil Co. for super cold mix in the amount of $5,800.00) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. The CLAIM for DAMAGES of Robert F. Tabbutt, arising from an incident on August 16, 1983, and filed with the City Clerk on October 19, 1983 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM for DAMAGES of Lucille Strickland, arising from an accident on September 12, 1983, and filed with the City Clerk on October 13, 1983 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The application for ON -SALE BEER AND WINE LICENSE, TYPE 41, PERSON TRANSFER of George C. & Karen Gardner dba Ker's Oriental Restaurant, 1231 Highland Ave. (Police, Planning and Building Departments state no objections) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The application for OFF -SALE BEER AND WINE LICENSE, TYPE 20 of Felipe A. & Josephine Aguilera, dba FLOWERS BY JOSIE, 833 E. 8th St. (Building Dept. states no objection; Planning Dept. states no objection subject to Police Chief's recommendations; Police Dept. states that they see little problem with this application if the applicants agree to the conditions set forth in their letter to the Alcoholic Beverage Control [1. Applicant will not apply for any other type of license to sell alcoholic beverages at this place of business; 2. Sale of alcoholic beverages will be incidental to the sale of flowers or flower arrange- ments only; 3. No sales of alcoholic beverages will be made after 7:00 p.m.; 4. Except for a reasonable amount of floral displays containing alcoholic beverages, all other alcoholic beverages will be stored out of public view; the purpose of these conditions is that the applicant's principal business is selling flowers, not alcoholic beverages]; Police Chief Hart has met with Mrs. Aguilera and she has agreed to the conditions; however, she must do so formally in writing to the Alcoholic Beverage Control; if they agree, Police Dept. will withdraw their protest) was presented. Moved by Van Deventer, seconded by Camacho, this license be protested on the grounds that we do not know who the recipients of flowers will be; minors are allowed on the premises and minors may be employed on the premiss. Discussion. Carried by unanimous vote. The Engineering Department's request for PUBLIC HEARING on PROPOSED CONDEMNATION to ACQUIRE the FEE TITLE for STREET PURPOSES of a portion of land (Assessor's Parcel No. 558-091-08) belonging to J. L. Harrison (Construction of Euclid Ave. from Plaza to 16th St. will require severing a portion of 13th St.; in order to provide a cul-de-sac on the West side of 13th St. after Euclid is constructed, this right-of-way is required; fee title required is an area approximately 47 sq. ft.; based upon an appraisal by T. L. Roberts, the Engineering Dept. recommends that Council authorize the payment of $550 for the taking; Mrs. Harrison approves of the taking, but is afraid that an existing pine tree located 5' from the proposed right-of-way taking might be damaged by proposed street improvements; a tree agreement was approved by the City Attorney and presented to Mrs. Harrison, containing a compensation of $1,800 for the tree in case the tree did not survive during the 5-year period following the street construction, but she refused it on 9/22/83; funds are available in Account No. 109-521-567-6001; staff recommends the City Attorney be directed to start condemnation proceedings and hold the required public hearing) was presented. Moved 10/25/83 Book 63 Page 199 by Van Deventer, seconded by Camacho, the City Attorney be directed to start condemnation proceedings and this be set for public hearing. Discussion. Carried by unanimous vote. WRITTEN COMMUNICATIONS A letter from Sgt. Frank Chenelle (NCPD), Assistant Varsity Coach of the Sweetwater Basketball Team, requesting a donation for the team to travel during Christmas Vacation to Hobbs, New Mexico to participate in the High School Invitation of Champions was presented. Moved by Camacho, seconded by Waters, the City donate $250. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 43-83, APPROVING CONDITIONAL USE PERMIT to ALLOW LIVE ENTERTAINMENT, DANCING and the SALE OF ALCOHOLIC BEVERAGES between the hours of 9:00 p.m, and 2:00 a.m. at 2200 Highland Ave., CUP 1983-15, Applicant: Ivy Hall, Inc. (Applicant is requesting modification of an existing CUP to allow live entertainment [small band on existing stage] and dancing within the cocktail lounge area of the restaurant between the hours of 9:00 p.m. and 2:00 a.m.; lounge area contains a total floor area of 720 sq. ft.; the proposed dance floor will be 9' x 12'; reports received from the various City Departments indicate no opposition to this request; the existing CUP allows dancing and live entertainment in conjunction with private weddings and banquets, and for the general public on New Year's Eve only as an incidental use to the restaurant; all parties and banquets are required to be held in facilities separate from those used for the general public and these premises must be closed to the public when the size of private parties and banquets exceeds 120 persons; in November, 1982, the Planning Commission approved CUP 1982-19 to allow the sale of alcoholic beverages after 12 midnight on New Year's Eve as an incidental use to the operation of the restaurant; staff concurs with the Planning Commission's approval) was presented. Vice Mayor Dalla stated although he no longer has an interest in this business, a lot of people think he has. Moved by Waters, seconded by Van Deventer, this be (denied) appealed and set for public hearing. Carried, by the following vote, to -wit: Ayes; Camacho, Van Deventer, Waters. Nays: None. Abstaining: Dalla, Morgan. Planning Commission Resolution No. 44-83, APPROVING CONDITICNTAL USE PERMIT to ALLOW GENERAL AUTOMOTIVE REPAIR as a separate business at 1545 Harbison Ave., CUP 1983-16, Applicant: Terry Gene Bowles. Acting Planning Director Post reported he received a letter from the applicant withdrawing his application. Moved by Van Deventer, seconded by Waters, this be denied on the basis of the letter of withdrawal. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE The report of the Traffic Safety Committee from their meeting of October 12, 1983 was presented. Ordered filed by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF The City Clerk's report on OPENING OF SEALED BIDS for STREET CLEANING (3 bids were received: Paul Shirer's Construction Sweeping - (a) $140,000.00, (b) $73,000.00, (c) $35.00/hour - 2 hours, (d) $10.00; R. F. Dickson Co., Inc. - (a) $147,250,00, (b) $84,750.00, (c) $45.00/hour - 3 hours, (d) $10.50; Chula Vista Sanitary Service, Inc., dba North County Contract Sweeping - (a) $157,641.00, (b) $69,744.00, (c) $55.00/hour - 3 hours, (d) $12.00; Chula Vista Sanitary Service, Inc., dba North County Contract Sweeping submitted three alternate proposals) was presented. Ordered filed by unanimous vote. 10/25/83 Book 63 Page 200 MAYOR Mayor Morgan's request for a legal opinion concerning his Motel Overlay Map vote was on the agenda at this point. The City Attorney gave an opinion during the first Public Hearing. See Page 192, Para. 3. Mayor Morgan said the new fire station would be opening soon and inquired about negotiations with the Port District. City Manager McCabe replied he had been in contact with them. CITY COUNCIL Councilman Van Deventer asked for a report re the frequency of false alarms to the Police Dept., and if they are a big problem. City Manager McCabe said he would look into it. Vice Mayor Dalla spoke of the extra lane on Plaza in front of McDonald's, saying people are parking in it. Moved by Dalla, seconded by Van Deventer, this be referred to the Traffic Safety Committee. Carried by unanimous vote. Vice Mayor Dalla inquired if there is a policy on the size of "Stop" signs used in the City; he was particulatly interested in the size that would be used at 16th & Orange. City Engineer Benzing said two sizes were approved by CalTrans, but he did not know what Public Works uses as a guideline; he would recommend the larger sign at that location. Vice Mayor Dalla commended the Planning Commission for their efforts on the motels. Mayor Morgan seconded. ADJOURNMENT Moved by Van Deventer, seconded by Waters, the meeting be adjourned to 4:00 p.m., November 1, 1983. Carried by unanimous vote. The meeting closed at 9:40 p.m. CITY CLE The foregoing minutes were approved at the regular meeting of the City Council on November 1, 1983. Corrections V No Corrections CITY OF NATIONAL CITY, CALIFORNIA 10/25/83