HomeMy WebLinkAbout1983 11-15 CC MINBook 63
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
NOVEMBER 15, 1983
The regular meeting of the City Council of the City of National City
was called to order at 4:00 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, Acting Planning Director Post, Asst. City Attorney
Woods.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager
McCabe followed with invocation by Pastor Mike Jensen, Paradise Valley
Seventh Day Adventist Church.
APPROVAL OF MINUTES
Vice Mayor Dalla requested the vote on page 202, para. 3 of the minutes
of the regular meeting of November 1, 1983 be changed to: Ayes:
Camacho, Van Deventer, Waters. Nays: None. Abstaining: Dalla,
Morgan. Moved by Van Deventer, seconded by Camacho, the minutes be
approved with this change. Carried by unanimous vote.
PROCLAMATIONS
Moved by Camacho, seconded by Van Deventer, the Proclamations be
presented by title only. Carried by unanimous vote.
The Mayor's proposed Proclamation, "WINTER STORM AWARENESS WEEK -
November 13-19, 1983m was read by title. Moved by Van Deventer,
seconded by Camacho, in favor of this Proclamation. Carried by
unanimous vote. Mayor Morgan presented the Proclamation to Fire Chief
Kimble.
The Mayor's proposed Proclamation, "CHILDREN'S BOOK WEEK -
November 14-20, 1983" was read by title. Moved by Van Deventer,
seconded by Camacho, in favor of this Proclamation. Carried by
unanimous vote. Mayor Morgan presented the Proclamation to Librarian
Shula Monroe and Children's Librarian Candice David.
The Mayor's proposed Proclamation, "GREAT AMERICAN SMOKEOUT DAY -
November 17, 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, "FAMILY WEEK - November 20-27, 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 declaring the Decade 1983-1492 as
"THE DECADE OF DISABLED PERSONS" was read by title. Moved by
Van Deventer, seconded by Camacho, in favor of this Proclamation.
Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
None
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PUBLIC HEARING
The Public Hearing on ADOPTION of RESOLUTION of NECESSITY to CONDEMN
PRIVATE PROPERTY for PUBLIC PURPOSES was held at this time. City
Engineer Benzing said two properties which are required to extend
Euclid Ave. between Plaza and 16th are recommended for condemnation
(2337 E. 13th St. - Terrell E. Rogers; 2435 E. 13th - Jeanette
Harrison); negotiations have come to an impasse; on August 2, 1983,
Council instructed the City Attorney to proceed with condemnation on
Mr. Rogers' property and on October 25, 1983, Council instructed the
City Attorney to proceed with condemnation on Ms. Harrison's property;
on October 26, 1983, the City Attorney prepared, and notices were sent,
advising both property owners of the public hearing; the Rogers
acquisition is 2313.6 sq. ft. of front yard area, necessary to widen
13th St. at its new intersection with Orange Ave.; the Harrison
acquisition is 47 sq. ft. of front yard area, necessary for a
cul-de-sac of 13th St., West of proposed Euclid Ave.; Mr. Rogers has
refused to meet with the City's acquisition agent to discuss the
acquisition and is against the project in general; Ms. -Harrison has
negotiated, but we are at an impasse on the value of a tree, which is
not in the taking area, but would be affected by the proposed project.
Discussion. TERRELL ROGERS, 2337 E. 13th St., was present and said the
18' the City is asking for, plus the 2' easement, would make it 5'
wider than the existing street. City Engineer Benzing said to his
knowledge, the total right-of-way taking is not wider than the existing
street; the City is asking for an extra 3' which is for a temporary
right to enter and construct; once construction is completed, the 3'
will belong to Mr. Rogers. Further discussion. Mayor Morgan asked the
City Engineer to check this out. Mr. Rogers continued, the property
West of him belongs to the City; on the East side of the street, the
City is going to the expense of making a cul-de-sac, but on the West
side, they are doing nothing. Further discussion. City Engineer
Benzing said the main reason it is necessary to widen in front of Mr.
Rogers' property is due to the new intersection at Orange; in order for
vehicles to turn in and out of this new intersection, his side of the
street needs to be widened. Further discussion. City Engineer Bening
said the appraised value for Mr. Rogers' property is $11,008, and for
the temporary license to perform work on a strip of land 3' wide, a
consideration of $200; Mr. Rogers will be compensated for the
improvements on the property. Further discussion, City Engineer
Benzing continued, the appraisal was done by a licensed appraiser, and
approved by the State and Federal Highway Administration. Further
discussion. Mr. Rogers continued, he does not think the price he is
being offered is a fair price; the 3 people who were forced out in
order to bring Euclid through could not purchase (new) property for the
amount the City paid. JEANETTE HARRISON, 2435 E. 13th St., was present
and said in 1971 she was offered $300 for her 47 sq. ft., but the
acquisition was stopped before any action was taken; now the City's
agent, Mr. McFarland, is offering her $215 for the property; she is not
asking for more money than other people have been paid, but she wants a
fair price; the first time she met with Mr. McFarland, he seemed to be
unaware of the tree she is concerned about; after he went through his
paperwork, he found another $900 the City was willing to pay for the
tree; the tree was appraised at $3,800; replacement value is $7,600;
after she presented the appraisal, the City told her they didn't need
the tree; she asked for a "tree agreement" saying they would not kill
her tree; Mr. McFarland drafted an agreement and submitted it to the
City Attorney; the City came back to her with an offer of $1,800; she
does not want $1,800; she wants a 5-year agreement with the City saying
the tree will not die or be damaged. City Engineer Benzing said the
current appraised value of her property is $215; the appraiser could
not determine if the tree would be affected, but established a value of
$900 for the tree if it was to be taken; the Engineering Dept. looked
at the tree and determined that it was outside the right-of-way taking,
but it overhung the right-of-way, and there are a lot of surface roots
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in the taking; the appraiser said that for landscaping on a piece of
property, the City can only pay the value that the landscaping gives to
the overall property; the tree may be worth $3,800, but the value that
it gives the property is $900. Further discussion. City Engineer
Benzing continued, the City has the legal liability to trim the tree as
necessary to clear the public right-of-way. Ms. Harrison said she does
not object to trimming the tree, but does not want it trimmed so as to
damage the tree; she is willing to trim the tree. Further discussion.
No one else was present to speak in this regard. Moved by Camacho,
seconded by Van Deventer, the Public Hearing be continued to
November 22, 1983. Discussion. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Camacho, the Resolutions be
presented by title only. Carried by unanimous vote.
Resolution No. 14,171, "RESOLUTION AUTHORIZING EXECUTION OF PROPOSED
FIRST AMENDMENT TO THE FY'84 SERVICE AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND SAN DIEGO TRANSIT CORPORATION." Moved by
Van Deventer, seconded by Camacho, Resolution No. 14,_171 be adopted.
Carried by unanimous vote.
Resolution No. 14,172, "RESOLUTION SUPPORTING THE CHULA VISTA BAYFRONT
PLAN." Moved by Van Deventer, seconded by Camacho, Resolution No.
14,172 be adopted. Carried by unanimous vote.
Resolution No. 14,173, "RESOLUTION DECLARING SPECIFIED VOLUNTEERS TO BE
EMPLOYEES FOR THE PURPOSE OF WORKER'S COMPENSATION AND INSURANCE LAW."
Moved by Camacho, seconded by Van Deventer, Resolution No. 14,173 be
adopted. Discussion. Carried by unanimous vote.
Resolution No. 14,174, "RESOLUTION AUTHORIZING PURCHASING AGENT TO
PURCHASE BOOK SECURITY SYSTEM AND LIBRARY CARPETING ON THE OPEN
MARKET." Moved by Van Deventer, seconded by Camacho, Resolution No.
14,174 be adopted. Discussion. Carried by unanimous vote.
Resolution No. 14,175, "RESOLUTION APPROVING AN APPLICATION FOR ZONE
VARIANCE TO ALLOW THE NUMBER OF COMPACT CAR SPACES TO BE PROVIDED IN
CONJUNCTION WITH A PROPOSED FOUR-STORY 98-UNIT MOTEL COMPLEX TO EXCEED
25 PERCENT OF THE TOTAL NUMBER OF PARKING SPACES REQUIRED BY THREE
SPACES ON PROPERTY LOCATED WITHIN THE 1600 BLOCK OF PLAZA BOULEVARD,
NORTH SIDE (CASE FILE NO. Z-6-83 - WALTER PABST)." Moved by
Van Deventer, seconded by Camacho, Resolution No. 14,175 be adopted.
Discussion. Mayor Morgan said he would abstain from voting on the
motel ordinance since he owns property on Plaza Blvd.; the motel
ordinance and resolutions would not be of any financial benefit to him;
however, he does not want anyone to feel that he would gain any personal
benefit from being the Mayor. Motion carried by the following vote,
to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None.
Abstaining: Morgan.
Resolution No. 14,176, "RESOLUTION APPROVING AN APPLICATION FOR PLANNED
DEVELOPMENT PERMIT FOUR-STORY 98-UNIT MOTEL WITHIN THE 1600 BLOCK OF
PLAZA BOULEVARD - NORTH SIDE (Applicant: Walter Pabst, Case File No.
PD-2-83)." Moved by Van Deventer, seconded by Dalla, Resolution No.
14,176 be adopted. Discussion. Carried (See Mayor's statement in
para. re Res. 14,175 above), by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Nays: Waters. Abstaining: Morgan.
Resolution No. 14,177, "RESOLUTION APPROVING AN APPLICATION FOR
CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT OF A FOUR-STORY, 98-UNIT
MOTEL PURSUANT TO ORDINANCE NO. 1794 ON PROPERTY LOCATED WITHIN THE
1600 BLOCK OF PLAZA BOULEVARD, NORTH SIDE (CUP-1983-11 - WALTER PABST)."
Moved by Van Deventer, seconded by Dalla, Resolution No. 14,177 be
adopted. (See Mayor's statement in para. re Res. 14,175 above)
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Carried, by the following vote, to -wit; Ayes: Camacho, Dalla,
Van Deventer. Nays: Waters. Abstaining: Morgan.
Resolution No. 14,178, "RESOLUTION APPROVING AN APPLICATION FOR PLANNED
DEVELOPMENT PERMIT TO ALLOW DEVELOPMENT OF A THREE-STORY 70-UNIT MOTEL
ON PROPERTY LOCATED AT 1620 EAST PLAZA BOULEVARD (PD-1-83 - ANDY HSU &
ASSOCIATES)." Moved by Waters, seconded by Van Deventer, Resolution
No. 14,178 be adopted. Discussion. (See Mayor's statement in para.
re Res. 14,175, page 208, para. 7.) City Engineer Benzing said
allowing a left turn exit from this site would be no more dangerous
than other left turns on Plaza Blvd.; forcing traffic to exit on Palm
Ave. could create a potentially dangerous situation. Moved by Dalla,
seconded by Camacho, the motion be amended to delete condition 4.
Amendment carried by the following vote, to -wit: Ayes: Camacho,
Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan.
Motion carried by the following vote, to -wit; Ayes: Camacho, Dalla,
Van Deventer, Waters. Nays: None. Abstaining: Morgan.
Resolution No. 14,179, "RESOLUTION ACCEPTING REAL PROPERTY FOR STREET
PURPOSES (Corrales - Melrose Street)." Moved by Van Deventer, seconded
by Camacho, Resolution No. 14) 179 be adopted. Carried by unanimous
vote.
Resolution No. 14,180, "RESOLUTION NAMING AND DEDICATING PROPERTY FOR
STREET PURPOSES (Corrales - A portion of Melrose Street)." Moved by
Camacho, seconded by Van Deventer, Resolution No. 14,180 be adopted.
Carried by unanimous vote.
Resolution No. 14,181, "RESOLUTION ESTABLISHING ONE ON -STREET SPACE FOR
LIMITED TIME (15 MINUTE) PARKING ON THE EAST SIDE OF CLEVELAND AVENUE
AT 1911 CLEVELAND AVENUE, ALL WITHIN THE CITY OF NATIONAL CITY." Moved
by Van Deventer, seconded by Waters, Resolution No. 14,181 be adopted.
Carried by unanimous vote.
Resolution No. 14,1E2, "RESOLUTION ACCEPTING EASEMENT FOR STREET
PURPOSES FROM D.A. BROOKS (SE Corner of 8th Street & 'K' Avenue;
Assessor's Parcel Map 556-522-02)." Moved by Waters, seconded by
Van Deventer, Resolution No. 14,182 be adopted. Carried by unanimous
vote.
Resolution No. 14,183, "RESOLUTION APPROVING IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND DONALD D. JUDD (Lot 321 of
Lincoln Acres, Annex No. 2)." Moved by Waters, seconded by
Van Deventer, Resolution No. 14,183 be adopted. Carried by unanimous
vote.
Resolution No. 14,184, "Resolution determining and declaring that the
public interest, convenience and necessity of the City of National City
require the Construction operation and maintenance of a public street
across certain described land in the City of National City, County of
San Diego, State of California, and that the public interest,
convenience and necessity demand the acquisition of fee title to said
property to be used by said City for said purpose; and the acquisition
of a temporary license to perform work; and declaring the intention of
the City of National City to acquire said property under eminent domain
proceedings; commence an action in the Superior Court of the State of
California in and for the County of San Diego for the purpose of
acquiring said property and said license (Euclid Avenue Extension,
Plaza Boulevard to loth Street and Orange Street Extension, 13th Street
to 14th Street) ." was iiisted >on. .the agenda but not presented.
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ORDINANCE FOR ADOPTION
Moved by Camacho, seconded by Van Deventer, the Ordinance be presented
by title only. Carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining:
Morgan.
Ordinance No. 1805 (11/1/8g-1), "ORDINANCE AMENDING TITLE 18 (ZONING)
OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH STANDARDS FOR MOTEL
DEVELOPMENT AND ADDING A NEW CHAPTER 18.43 TO ESTABLISH A MOTEL -
PLANNED DEVELOPMENT COMBINING ZONE (MPD)." Moved by Van Deventer,
seconded by Camacho, Ordinance No. 1805 (11/0a-1) be adopted.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla,
Van Deventer, Waters. Nays: None. Abstaining: Morgan. (See Mayor's
statement in para. re Res. 14,175, page 208, para. 7.)
ORDINANCE FOR INTRODUCTION (FIRST READING)
Moved by Waters, seconded by Camacho, the Ordinance be presented by
title only. Carried by unanimous vote.
Ordinance No. 11/15/83-1, "Ordinance of the City of National City,
California, amending Title 18 (Zoning) of the National City Municipal
Code relating to historic properties."
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER NO. 18, dated November 1, 1983 in the amount of
$232,096.86 (Warrants Nos. 81745 through 81762 [voided 81745 & 81762]),
RATIFICATION of WARRANT REGISTER NO. 19, dated November 8, 1983, in the
amount of $73,496.37 (Warrants Nos. 81813 through 81858 [voided 81813]),
and CERTIFICATION of PAYROLL for the period ending October 31, 1983,
in the amount of $259,888.30 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 October 31, 1983 was presented. Ordered filed by
unanimous vote.
The CLAIM FOR DAMAGES of Mario J. Brucoli, arising from an incident on
August 14, 1983, and filed with the City Clerk on October 31, 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/
DROP PARTNER TRANSFER of Carolina E. Aure, dba CAROL'S RESTAURANT,
1479 Plaza Blvd. (Police, Planning and Building Departments state no
objections) was presented. Moved by Waters, seconded by Camacho, this
license be approved. Carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining:
Morgan.
The application for ON -SALE GENERAL LICENSE, TYPE 47, STOCK TRANSFER of
Boll Weevil, Inc., dba BOLL WEEVIL, 1539 Plaza Blvd. (Police, Planning
and Building Departments state no objections) was presented. Moved by
Waters, seconded by Camacho, this license be approved. 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, CORP TO
CORP TRANSFER of Kayo Oil Company, dba AZTEC, 1540 E. 8th St. (Police,
Planning and Building Departments state no objections) was presented.
Moved by Waters, seconded by Camacho, this license be approved.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla,
Van Deventer, Waters. Nays: None. Abstaining: Morgan.
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Vice Mayor Dalla said for the record, this license and the two previous
licenses were not new licenses, merely transfers of ownership.
The request of NATIONAL SCHOOL DISTRICT EDUCATION FOUNDATION to serve
ALCOHOLIC BEVERAGES (The National School District Educational
Foundation has reserved the Kimball Community Bldg. for a benefit
dinner on December 4, 1983, approximately 200 adults expected to
attend; the foundation is requesting authorization to serve alcoholic
beverages in conjunction with their benefit dinner; the City rental
policy requires the following: 1. Applicant obtain a use permit from
ABC, copy to be filed with Public Works prior to the event;
2. Certificate of Insurance [personal liability and property damage
in the amounts of $100,000 for a single occurrence and $300,000 for
multiple occurrences]. naming the City as co-insured submitted;
3. Security arrangements approved by the Chief of Police) was
presented. Moved by Camacho, seconded by Van Deventer, in favor of
this request. Carried, by the following vote, to -wit: Ayes: Camacho,
Waters. Nays: None. Abstaining: Dalla, Van Deventer, Morgan.
The request of NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION to serve
ALCOHOLIC BEVERAGES (NCMEA has reserved the Kimball Community Bldg. on
December 17, 1983 to hold their annual Christmas dinner/dance,
approximately 200 adults expected to attend; NCMEA is requesting
authorization to serve alcoholic beverages at this dinner/dance; City
rental policy requires the following: 1. Applicant obtain a use
permit from ABC, copy to be filed with Public Works prior to the event;
2. Certificate of Insurance [personal liability and property damage in
the amounts of $100,000 for a single occurrence and $300,000 for
multiple occurrences] naming the City as co-insured submitted;
3. Security arrangements approved by the Chief of Police) was
presented. Moved by Camacho, 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 Engineer's report on PETITION for IMPROVEMENTS in ALLEY NO. 43
(Alley No. 43 runs from 15th to 16th, between Roosevelt and Hoover;
only 45% of the benefitted area signed the petition; since alley
improvements are becoming high in cost, a 50% petition, waiving the
costly debt limit and majority proceedings would be more acceptable;
it took a year to get these signatures on the petition and therefore,
it may not be possible to form a successful district; staff recommends
this be tabled and staff instructed to notify the petitioners of the
insufficient petition) was presented. Moved by Van Deventer, seconded
by Waters, this be tabled and referred back to the petitioners.
Discussion. Carried, by the following vote, to -wit: Ayes: Camacho,
Dalla, Van Deventer, Waters. Nays: Morgan.
The City Engineer's request for RATIFICATION of CONTRACT CHANGE ORDER
NO. 5 for Engineering Specification No. 927, FIRE STATION NO. 3 (The
following changes were recommended by Ed Wilczak for better service life
and ease of maintenance: 1. Delete original roof drains and install
new room drains [4:242.04]; 2. Change Kentile V.A.T. in lieu of
Armstrong New Era, deduct (1) 40"x80" levelor blind, use Burke rubber
base in lieu of vinyl base, use stainless steel switch plates in lieu
of plastic [$472.42]; funds are available in Account No.
122-512-500-569-1204; staff recommends this change order be ratified)
was presented. Moved by Van Deventer, seconded by Camacho, in favor of
this request. Discussion. Carried by unanimous vote.
National City Transit's report to Council on REGIONAL TRANSIT
ORGANIZATIONAL STUDY (Councilman Ed Struiksma of the City of San Diego
has proposed a consolidation of regional transit services which could
have a significant impact on National City's transit service; after
reviewing the proposal, staff recommends that the City agree to
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continue studying the proposal with special attention to specific
questions) was presented. Discussion. BOB ARTHUR, National City
Transit, was present to answer Council's questions. Ordered filed by
unanimous vote.
The request of NORM'S MOTORCARS, LTD. for use of an OFFICE TRAILER at
1900-A National City Blvd. from December 8, 1983 through
December 8, 1984 (Norm's Motor Cars, Ltd. is requesting the renewal of
a temporary use permit issued to them last year for the use of an
office trailer at 1900-A National City Blvd.; they intend to use the
trailer until such time as a permanent facility can be built; it is the
applicant's intent to build a permanent office prior to December, 1984;
at the time the applicant was issued a temporary use permit, it was
stated that the uce of the temporary facility should not exceed one
year; the Land Use Code states that Temporary Use Permits can be issued
for the use of a temporary office structure for a period not to exceed
one year, subject to Council approval; Building and Safety, Planning,
Police, Fire and Finance Departments have reviewed and approved this
application subject to the following conditions: Wheel stops shall be
provided along easterly property line; type 2A1OBC fire extinguisher
shall be provided upon occupancy; staff recommends this Temporary Use
Permit be issued for a period of 6 months with no possibility of
extension) was presented. Moved by Van Deventer, seconded by Dalla,
in favor of staff's recommendation. Discussion. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters.
Nays: Morgan.
The Acting Planning Director's request for INSTALLATION of OUTDOOR
ADVERTISING STRUCTURES in conjunction with the terms of AGREEMENT of a
COURT SETTLEMENT (Pacific Outdoor Advertising Co., Inc. et al vs MTDB
et al --in 1979 MTDB acquired the San Diego and Arizona Eastern Railway
Co.. and constructed a light rail system on the right-of-way; at the
time of the acquisition, a number of outdoor advertising structures were
located on the railroad right-of-way throughout the region; in order to
permit the construction of the light rail line, many of the existing
outdoor advertising structures had to be removed, and without
compensation were subsequently removed by MTDB and/or S.D. & A.E.;
legal action was filed by the advertising company citing in part:
inverse condemnation; a settlement of this matter was reached which
involves re -installation of 3 of the 5 sign structures removed from
within the boundaries of National City; one of the billboards proposed
for National City would be located within the MTDB right-of-way
adjacent to I-5, in the vicinity of 28th St.; in addition, 2 other
structures are planned in National City along the proposed State Route
54 where it would intersect the S.D. & A.E. right-of-way; the City
Attorney has advised that since National City was not a party to the
lawsuit, the settlement is not binding on the City; only the MTDB and
the billboard companies are affected; it should be noted however, that
the City does have representation on the MTDB; Sections 9.32.020 and
18.62.190 of the National City Municipal Code prohibit the installation
of billboards; the Planning Commission concluded that billboards called
for in the court settlement are also subject to this prohibition; they
further determined that accommodtion of the settlement would require
amendments to the Municipal Code; after considering testimony from a
representative of the MTDB, the commission voted to retain current code
language prohibiting all billboards; possible Council action: 1. Uphold
the Planning Commission's recommendation that existing code language
prohibiting all billboards be retained; 2. Initiate a Code Amendment
that would accomodate the placement of the MTDB billboards only;
3. Initiate a Code Amendment that would loosen restrictions for all
billboards; staff concurs with the Planning Commission's recommendation)
was presented. JACK LINBER (Attorney for MTDB) was present and said
they took down some 40 (billboard) structures in the construction of
the light trolley line, for which the sign companies received no
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compensation; they brcught suit against MTDB, and the MTDB approved a
settlement conditioned upon the return or reconstruction of a limited
number of the signs; the settlement requires them to obtain 3 sign
locations and pay for an additional 3 in the amount of $35,000 per
si„n, or come up with 6 sign locations. Mr. Linber asked for approval
to replace one sign in National City. Discussion. Moved by
Van Deventer, seconded by Camacho, this be referred to the City
Attorney. Further discussion. Carried by unanimous vote.
WRITTEN COMMUNICATIONS
A letter from the CHAMBER OF COMMERCE REQUESTING USE of KIMBALL
COMMUNITY BUILDING and kitchen facilities on Saturday, January 28, 1984,
from 6:00 p.m. to midnight for their Annual Dinner Meeting, and
requesting permission to serve ALCOHOLIC BEVERAGES was presented.
Moved by Waters, seconded by Camacho, in favor of this request.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalia,
Van Deventer, Waters. Nays: None. Abstaining: Morgan.
The request of the NATIONAL CITY QUARTERBACK CLUB for the COST to
PRINT SWEETWATER FOOTBALL TEAM BOOKLET was presented. Moved by
Camacho, seconded by Van Deventer, the City pay the full page ad at
$100. Carried by unanimous vote.
OTHER BUSINESS
PLANNING COMMISSION - NOTICES OF DECISION
Planning Commission Resolution No. 45-83, APPROVING CONDITIONAL USE
PERMIT to ALLOW DEVELOPMENT of a SINGLE-FAMILY DWELLING within the
General Commercial Zone at 832 'K' Ave., CUP-1983-17 (...involves
development of a single -story, 4-bedroom, single-family dwelling,
containing a total floor area of 2,120 sq. ft. on a parcel having a
total land area of 6,565 sq. ft.; the Planning Commission approved this
application subject to the 7 conditions set forth in subject
resolution; staff concurs with the Planning Commission's approval) was
presented. Ordered filed by unanimous vote.
Planning Commission Resolution No. 46-83, APPROVING ZONE VARIANCE to
ALLOW DIVISION of 1.08 ACRES INTO 4 PARCELS, one of which will have 28'
of frontage in lieu of required 50' at 2125 Prospect St., Z-12-83 (On
December 17, 1980, applicant obtained Zone Variance No. Z-6-80 to
allow the division of a parcel of land containing 47,300 sq. ft. into
4 separate parcels, one of which has 28' of frontage in lieu of the
required 50'; this Zone Variance was not exercised or extended within
one year of its effective date and therefore became null and void and
of no further effect on December 17, 1981; the subject application for
Zone Variance is to re -activate the previously granted zone variance;
there has been no significant change in conditions from that which
existed in 1980 that would affect the granting of this Zone Variance;
staff concurs with the Planning Commission's approval) was presented.
Ordered filed by unanimous vote.
Planning Commission Resolution No. 49-83, APPROVING ZONE VARIANCE to
ALLOW REDUCTION in REQUIRED NUMBER OF PARKING SPACES from 5 to 4, and
ALLOW REDUCTION in MINIMUM AISLE WIDTH for two-way traffic from 18' to
8.5' in conjunction with conversion of residential structure at 21
Osborn St., Z-8-83 (...involves conversion of an existing single-
family dwelling to office use; structure contains a total floor area
of 995 sq. ft.; the site measures 45' in width by 115' in depth;
subject structure is located at the rear of, and attached to the
building addressed 19 Osborn St.; this structure was originally
residential and converted to commercial use just prior to the City
adopting regulations governing the conversion of residential
structures; staff concurs with the Planning Commission's approval) was
presented. Discussion. Ordered filed, by the following vote, to -wit:
Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla.
11/15/83
Book 63
Page 214
The Planning Commission's recommendation regarding the REFERRAL of the
PROPOSED NAME CHANGE of DIVISION STREET, East of Highland Ave. to the
easterly City boundary, to NATIONAL UNIVERSITY LANE (On
November 7, 1983, the Planning Commission considered the proposed name
change of Division St., East of Highland Ave. to the easterly City
boundary, to National University Lane; this item was referred to the
Planning Commission by Council; National University requested the name
change to help identify the location of their new campus; the Planning
Commission voted to recommend to Council that the request be filed and
no further action be taken; Council may, at its discretion, set this
item for public hearing; staff concurs with the Planning Commission's
recommendation) was presented. Moved by Waters, seconded by Dalla,
this be filed and no action taken. Carried by unanimous vote.
CITY MANAGER
City Manager McCabe reported the police scooter has arrived and Chief
Hart will be hiring a PSO soon; the program is targeted for the first
of December.
CITY ATTORNEY - No report.
OTHER STAFF
Acting Planning Director Post requested a workshop session with Council
to review the ordinance re code amendments presented last April. Mayor
Morgan suggested the fifth Tuesday in November.
MAYOR
Mayor Morgan spoke of parcel splits not coming before Council; South
Bay Plaza was split into 3 parcels, and it does not appear that the
South parcel is being upgraded; he is concerned about the types of
business that may go in there; the Planning Commission should do some
research and make some recommendations. Moved by Camacho, seconded by
Van Deventer, this be referred to the Planning Commission. Discussion.
Carried by unanimous vote.
CITY COUNCIL - No reports.
ADJOURNMENT
Moved by Van Deventer, seconded by Camacho, the meeting be adjourned
to 7:00 p.m., November 22, 1983. Carried by unanimous vote. The
meeting closed at 5:42 p.m.
24.-iejf
CITY ERK
The foregoing minutes were approved at the r gular meeting of the City
Council on November 22, 1983.
Corrections No Co r ections
CITY OF NATIONAL CITY, CALIFORNIA
11/15/83