HomeMy WebLinkAbout1980 03-04 CC MIN106
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
March 4, 1980
The regular meeting of the City Council of the City of National City
was called to order at 7:30 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Camacho, Dalia, Van Deventer, Waters, Morgan.
Absent: None. Administrative officials present: Ballard, Campbell,
Gerschler, Hoffland, McCabe, McLean.
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.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Camacho, the minutes of the regular
meetings of February 12, with the following correction to page 91,
Paragraph 1: The regular meeting of the City Council of the City of
National City was called to order at 7:30 p.m. by Vice Mayor Dalla,
and February 19, 1980, be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
The City Clerk read the Mayor's proposed proclamation, "VETERANS
RECOGNITION WEEK," May 9-15, 1980. Moved by Camacho, seconded by
Van Deventer, in favor of the proclamation. Carried by unanimous vote.
Mayor Morgan presented the proclamation to PATRICK SHELLY, Veterans
Service Officer.
The City Clerk read the Mayor's proposed proclamation,"RETINITIS
PIGMENTOSA AWARENESS WEEK," May 9-18, 1980. Moved by Waters, seconded by
Van Deventer_, in favor of the proclamation. Carried by unanimous vote.
Mayor Morgan presented the proclamation to JIM ISABELL, JR., San Diego
Retinitis Pigmentosa Association.
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Camacho, the Resolutions be presented
by title only. Carried by unanimous vote.
Resolution No. 13,262, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA RANKING HOUSING SITES FOR FIFTY UNITS OF
ASSISTED RENTAL HOUSING, NEW CONSTRUCTION, FOR FAMILIES OF LOW AND
MODERATE INCOME." Moved by Waters, seconded by Camacho, Resolution No.
13,262 be adopted. In answer to a question regarding a proposed condo
project at 24th and Euclid, Planning Director Gerschler said there was
a condominium plan being developed for this property; the property that
Mr. Peterson has in mind is the southwest quarter, and the northwest
corner was approved; there is interest in development but no plan yet.
Community Development Executive Director Peterson said he had not con-
tacted the property owners; there was no reason to do so unless he was
told to study the site; it would be premature to look into the site;
they make inquiries, analysis, site development plans and renderings
and things like that, but they have not contacted any owner of any of
the properties except Hebrew Day School; he did talk to them but not
with any citizens of the community on anybody's part. Discussion re
development being done on that particular piece of property at 24th and
Euclid as a condo project...renderings and everything being done; it was
a good location but should a lot of effort and money be spent when they
might have to look at a site at another location. Mayor Morgan requested
that Mr. Peterson check and bring back to the Board (if they approve the
resolution) something that will give the Council some basis to look into
matters and make studies and contact owners; it does not represent any
commitment on their part that the Community Development Commission or
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City would buy the property; they only want to make a survey of the
site. In answer to a question if the fifty units would be in one
location, Mr. Peterson said there had been no discussion of scattered
sites; the truth is when getting down to unit cost of producing housing,
it has to be on one site. In answer to a question if they could go over
fifty units, Mr. Peterson said if the Board approved fifty, you could
not exceed the fifty but might develop fewer. Discussion re the
quality of the units; putting them in nice surroundings, with a lot of
open space, something nice front yard and backyard and something where
they can entertain and contain their own children, separated from
nieghbors so it would not be noisy; not something cheap, but something
nice. Councilman Camacho asked about the size of the proposed site for
study at 24th and Euclid (7+acres), Motion carried by the following
vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays:
Dalia.
Mayor Morgan recognized Barbara Strahan, Chairwoman,Citizen's Committee
for Community Development, and thanked her for coming down and for the
good job she has done.
PUBLIC HEARINGS
The continued HEARING (from February 12, 1979) of ABATEMENT OF ABANDONED
SERVICE STATION AS A PUBLIC NUISANCE at 333 Highland Avenue (it was
found and determined that conditions exist which may constitute a public
nuisance and a violation of the provisions of the Municipal Code, in
that the service station situated on said real property has been unused
as such for a period of time, the underground storage tanks thereof
have been removed or filled with inert material, and weeds, broken
bottles scattered about the paved area of the site, graffiti on building,
windows and doors boarded up with unpainted and weathered plywood,
posters placed on building, paint on exterior surface of building showing
signs of deterioration and peeling, uncontrolled parking of motor
vehicles, uncovered storage of household trash and garbage) was held at
this time. Planning Director Gerschler said the proceedings are per
the Land Use Code Section dealing with abatement of inoperative or
abandoned service stations; proper notices have been given to the owner
of the property; Mr. Bookspan, the owner, is here to address the Council;
the Staff recommends the Council make a finding that a public nuisance
exists based on the Staff's report and that the Council order demolition
of all structures on the site. HENRY BOOKSPAN, 666 Upas St., #402, was
present, and stated he has many people who want to lease the property;
every time somebody comes to the City and requests a permit to use it,
they always find it can't be done, so it could not be rented couldn't
be leased; the last customer who came to lease the place almost a year or
year and -a -half ago was Tune-up Masters, a very good company; they were
going to clean up the place and make it nice and it would serve the
public; Tune -.up Masters is very good for pollution and also for saving
gas; this area was perfect for them but they had a hard time, a hardship,
when they came to the meeting and were refused; finally, they wrote him
and said the City would not give him a permit and what could he (Mr.
Bookspan) do about it; Tune-up Masters was willing to spend $16,000 to
improve; he could not go there every day and clean up the property and
keep people from writing on the walls; that is police work; the City
gives a hard time to people to lease a place. Mayor Morgan said that
the City has rules and regulations; when a business is put in, land-
scaping must be put in and it must be brought up to Code. Discussion re
the property having been abandoned for more than one year and losing its
non -conforming status. Mr. Bookspan said it is not permitted for Tune-up
Masters and they had hardship to get a Use Permit; they came many times
and could not get one; and asked what Council wants him to do to clean
it up; kids come over and throw bottles and write on the walls; he can
not stay there day and night and watch them. Further discussion.
Planning Director Gerschler said it has been brought to the attention of
the City Council this is a public nuisance involving safety and hazard
to individuals; this is documented; the Staff's attitude is that it
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should be removed as soon as possible; he believes, administratively,
if Council ruled to not order this building torn down, he would have
about perhaps 30 days of time to get permits ready; if permits were not
issued within 30 days, they would proceed with the next step of action.
Mr. Bookspan said he would like more time, it is not enough; he wants to
bring an engineer to see the property...three or four months. No one
else was present in this regard. Moved by Waters, seconded by Camacho
to continue the public hearing 90 days; at the end of 90 days, if he
does not comply with what the Council is talking about, the Council order
the station torn down or demolished; at the end of 90 days, the City has
the right to move in, that they find this to be a public nuisance,
within 90 days, if the property owner does not comply or proceed to '
improve the _property, then the City will intervene and demolish the
structure (amended motion). Mr. Bookspan said that he would demolish
it. City Attorney McLean said, as he understood the motion, it was to
declare the property a public nuisance and order it demolished within
90 days and continue the hearing for 90 days. Discussion. Carried by
unanimous vote.
The continued HEARING (from February 5, 1980) of the Resolution of
Intention, Assessment District No. 190, 1911 Act Improvement of 19th
Street, Rachael to Granger Avenue was held at this time. Associate
Civil Engineer Onley displayed a map of the district and chart showing
revised improvement costs and said it was decided on February 5 to
carry the hearing over until tonight and take the sidewalk costs away
from the project and come back with only the costs they had originally
set. PAUL MARSHALL, 3026 East 19th Street, was present, and urged that
the assessment be accepted the way it is with the assessment as is and
do whatever has to be done, bids, everything. Moved by Van Deventer,
seconded by Waters, the hearing be closed the protests be over -ruled
and _ staff's recommendation to eliminate the sidewalks be
app",,,,rov�. Carried by unanimous vote. Discussion re Savings from omit-
ting sidewalks. City Attorney McLean said (in answer to a question if
the property owners could have sidewalks installed) that they could
negotiate with the contractor; a problem has occurred in the past where
citizens who negotiated privately with the contractor
that
because the contractor was doing the work, he was also doing athemed assess-
ment work, that City forces are going to inspect the work and somehow
supervise the quality of the work done by the contractor or act as a
representative with private owners who get into disputes with con-
tractors; that, of couse, would not be the case, unless it is part of
the district, the City forces would have nothing to do with it.
Mr. Marshall said there are many people on pensions, and also many
retirees, even $400 or $500 for sidewalks to them is an expensive
item...he requested the Council to open up a hearing or discuss it among
themselves whether the City could please put in the sidewalks which
would make it a nicer job and let the City assume that particular cost.
which isn't that great. Mayor Morgan said that the people have come
here and they have said that they were ready to accept, and pleaded with
Council to go ahead; now, they want the City to spend another
$9-10,000 on this job; the City is putting in $90,700; it is not fair to
the people to put in any more; rather than
go ad, he
throw the thing out and put the money some place eelse; theuld peopleher have
come down here and said they are ready to go on it. MRS. JOHNNIE TIPP,
3055 East 20th St. was present, and said...the City is going to spend
all that money for a one way glorified alley, why would the City want to
put sidewalks in there and take that room; her price on it (sidewalks)
was $490; she does not want the street as is, any way, but she is not
going to fight it; she does not want sidewalks down there and objects
to people that live on that street that are not going to pay one dime on
the use of it. Mr. Onley said percentage of protest made by owners
within the district was 32%. Mr. Onley said this street was going to
be one-way after it is completed. PHYLLIS NOLLETT, 3015 East 20th St.,
was present, and said if they had been able to come to this conclusion
three years ago, the way the costs have gone up, the City would have
saved money and the people would have saved money.
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The HEARING on Appeal of Decision of the Planning Department regarding
the zoning status of premises of 740 National City Boulevard for a
jewelry and novelties store was held at this time, Planning Director
Gerschler said the Staff recommends continuing the hearing until April
22, 1980, Moved by Camacho, seconded by Waters, in favor of the Planning
Director's recommendation,. Carried by unanimous vote,
The HEARING on proposed Alley Vacation between 19th and 20th Streets,
Harding and Coolidge Avenues was held at this time, Moved by Waters,
seconded by Camacho, the public hearing be closed and the alley vacation
be approved subject to recommendations of Staff being adhered to. Plan-
ni
ng Director Gerschler said they have the signed consent of all property
owners. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Camacho, the Resolutions be read by
title only. Carried by unanimous vote,
Resolution No. 13,26$, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING EXECUTION OF AN AGREEMENT FOR LOAN
AND REPAYMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY FOR THE CENTER CITY REDEVELOPMENT PROJECT." Moved by
Camacho, seconded by Waters, Resolution No. 134,263 be adoptgd. Community
Development Executive Director Peterson answered questions posed by
Council re future or additional loans or grants from the City for the
Community Development Commission or Parking Authority if purchasing
some property downtown would the City provide the funds. The City Manager
was asked if the report he gave today excluded the two funds, City
Manager McCabe said he was not treating that specifically in the report;
they had funds that would flow back to them on a cash basis; payment is
due in July on one loan from C.D.C.; he does not anticipate they will
move into that project before early next year, and they would have some
funds coming back to them at that time; Mr. Peterson has given them a
repayment schedule; they can count on some money coming back on the basis
of that schedule, Discussion, Carried by unanimous vote
Resolution No, 13,264, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING EXECUTION OF AN AGREEMENT FOR LOAN
AND REPAYMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY FOR THE E, J. CHRISTMAN REDEVELOPMENT PROJECT, AS AMENDED."
Moved by Van Deventer, seconded by Camacho, Resolution No. 13064 be
ado ted. Carried by unanimous vote.
Resolution No. 13,265, "RESOLUTION REQUESTING THE SWEETWATER AUTHORITY TO
FURNISH PLANS, SPECIFICATIONS, ESTIMATE AND INSPECTION FOR A DOMESTIC
WATER SUPPLY, ASSESSMENT DISTRICT 1NO, 203, FIG COURT, WESTERLY OF GTL,RERT
LANE." Moved by Waters, seconded by Camacho, Resolution No, 13,265 be
add. Caxried by unanimous vote.
Resolution No. 13,266, "RESOLUTION CONFIRMING ASSESSMENT OF WEED ABATE-
MENT." Moved by Camacho, seconded by Van Deventer, Resolution No, 13,266
be ado ted. Carried by unanimous vote.
ORDINANCE FOR INTRODUCTION (first reading)
Moved by Camacho, seconded by Van Deventer, the ordinance be presented
y title only, Carried by unanimous vote.
Ordinance No. 2/28/80-1, "An Ordinance Pursuant to Land Use Code of the
City of National City, California (ZC_14-79), to Rezone from I-P (Insti-
tutional Private) to RT (Residential Two -Family) and Add PUD (Planned
Unit Development) Zoning to the Property Located at 2530 through 2802
Plus 515 Hill Drive (A Private Driveway on the Grounds of the Paradise
Valley Hospital)."
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NEW BUSINESS
The City Treasurer/Finance Director's request for ratification of
WARRANT REGISTER #34, dated March 4, 1980, in the amount of $329,549.43
(Warrants Nos. 67725 to 67782) was presented. Moved by Camacho,
seconded by Waters, the bills be paid and warrants drawn. Carried, by
the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters,
Morgan. Nays: None.
The CLAIM FOR DAMAGES of Veolas Carrol was presented. Moved by
Van Deventer, seconded by Camacho, this be denied and referred to the
City Attorney. Carried by unanimous vote.
The CLAIM FOR DAMAGES from Michael Lee Barber, a minor, by
Voyd A. Barber, his father, was presented. Moved by Van Deventer,
seconded by Camacho, this be denied and referred to the City Attorney.
Carried by unanimous vote.
OTHER BUSINESS
TENTATIVE SUBDIVISION MAP, PEPPER HILL CONDOMINIUMS, 1851 East 18th St.
was presented. Planning Director Gerschler said last December the City
Council approved the Planned Unit Development for design and improve-.
ment of this property; this subdivision map complies with that approval;
Planning Commission and Staff recommend approval. In answer to the
question had there been objections from people, Mr. Gerschler said he
understood there was some written correspondence; he didn't know the
reasons for objection, they would have to rely on testimony.
MELVIN ROSS, 1926 E. 17th St., was present, and said they had sent in a
petition against this 16 units up there; on similar lots next door, they
could only build nine units; somehow or other this did not get to the
Planning Commission; he has copies of the petition and each one of City
Council has a copy; one of his neighbors is in the audience; 90% of the
people in the surrounding properties there are against changing this
and allowing 16 units in there. Planning Director Gerschler reminded
Mr. Ross that whether or not the Planning Commission got the petition,
Mr. Ross did submit that petition to the Planning Commission and they
set the new public hearing at his request. Mr. Ross said they (adjoin-
ing property owners) had not gotten the notices of the public hearing
held last week and even about the petition on it; most of the people
work and ca& not come down here; they understand that it is marginal
property would need nine or ten units to make it pay off but not 16;
that would be 30 something people; they have a church with 60 something;
that is almost 100 people they would be putting in their backyard and
they object. Discussion. Planning Director Gerschler said Mr. Ross's
property faces 17th St. which apparently the Council felt was a single-
family or lesser density type of neighborhood; this condominium project
faces 18th St. and is between a large apartment house and a school and
church; apparently the Council felt it deserved different zoning.
Mr. Ross said the problem is the children do not play on that street;
they get the 60 people from the church and the children in the apartment
house; they get all of this in front of their houses; they are asking
the Council not to increase this; they are talking about 100 people,
Mayor Morgan asked if this permit is ready to be issued. Planning
Director Gerschler said the Council approved the Planned Unit Develop-
ment last December, as he understands, it is ready for building permits;
the only remaining link is the filing of the subdivision map required
by the State Subdivision Map Act; that does not deal with the design of
the project, that was all accepted last December. Mr. Ross said this
was made November 28, 1979. Planning Director Gerschler invited
Mr. Ross to look at the files on that date, that he had probably lost
track; he has a copy. Mr. Ross said they were not notified of the
meeting in December, either the Planning or the Council; they went
through both meetings without them getting notices of it. Moved by
Morgan, seconded by Waters, to lay this over one week and have the
Attorney, City Manager and.the Planner oet together to come uy with
715ere they stand. Discussion. City Attorney McLean stated permits can
be modified up until the time the person owning the permit has his or
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her rights vested; rights vest when there is substantial construction
pursuant to a validly issued permit; if he understood the question; does
the Council have some remaining method to reconsider Planned Unit Devel-
opment Permit, the answer is probably yes, but they would need to get
with the Director of Planning and go through the file; he doesn't have
the history at his fingertips. JOHN FRENCH, 1690 Los Altos Road, San
Diego, was present, and said he was the owner and developer of the
property; he would certainly hope that they are not talking this evening
about rezoning that property; the property was purchased about a year
ago; it was stated to him at the time in writing by the Planning Depart-
ment that 22 units could be built there according to the existing zoning,
immediately; they felt after the time they had bought the property,
rules for the development of condominiums and like developments were
changed; open space requirements were increased and parking requirements
were increased; the effect of that was to down -zone the project from 22
to 16 units; they then proceeded, based upon the new rules that were
instituted in May, to design 16 units; they have gone through and con-
tributed or invested a very great deal in the development of 16 very
nice units with more than the required open space with what they think
is going to be a model project and one they will be proud of; they went
through the public hearing process for Planned Unit Development and
negotiated •-- worked with the staff over a period of months up to this
point; he has invested upwards of $30,000 in developing the plans,
engineers, etc., based upon the conditions in the Planned Unit Develop
ment Permit; he hoped that anyone who was really opposed would have
spoken up because they have made a substantial investment; they have a
very desirable project and have gone to great lengths to screen the
property by placing windows selectively and putting in screens; he would
hate to see a discussion of down -zoning; he does not think that legally
it is possible but he doesn't want to see it. Mayor Morgan said if he
has committed himself, he has to stick with it. City Attorney McLean
said the developer has a PUD approved by the Planning Commission to
allow the project he intends to build; the filing of a subdivision map
is required, even if it is a one -lot subdivision, before any construction
on any condominium project in this city; it is the tentative one -lot
condominium subdivision map before the Council tonight; the permit was
approved sometime in the past. Mr. French said in regard to the comment
about children playing, they have a fairly large private fenced yard for
each unit and he doubts the children of this property will be playing
on 17th St. Mr. French said he had not shown the plans to the neighbors;
he was aware of two or three public mailings noticing this; they have
been down here at least three times to public hearings, with plans, and
so forth. In answer to a question as to the amount of protest they have
had in the past, Planning Director Gerschler said the petition Mr. Ross
had shown them a few minutes ago was the largest list, about ten or
twelve. Discussion. Motion carried by unanimous vote.
The Planning Department's Report on the APPEAL OF NOTICE OF INTENTION
to Abate and Remove an Abandoned Wrecked, Dismantled or Inoperative
Vehicle from the Rear of 1121 "D" Ave. was presented. City Clerk
Campbell said she set the hearing for March 11, 1980 and recommended the
report be laid over to that time. Moved by Morgan, seconded by Waters,
this be continued to March 111980. Carried by unanimous vote.
The Planning Director's report on the APPEAL OF PLANNING COMMISSION'S
finding that Planned Development Permit NO. Pa-117 HAS EXPIRED (Appealing
Party - Mary Drosi) was presented. Planning Director Gerschler said the
Planned Development Permit was approved in August, 1978, and carried a
condition that it would have to be exercised by the issuance of a build-
ing permit within one year; August, 1979 passed and the building permits
were not applied for; several months after that the owner appealed for an
interpretation of the one-year time limit; Staff took that request to the
Planning Commission; as an accommodation, they set it for hearing; the
Planning Commission looked at all the facts of the case including the
one he just recited about the time limit; the Planning Commission found
that the dates were precise and that the permits did expire
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in August of 1979; the appeal before you tonight is an appeal of the
Planning Commission's finding; as far as he knows the only issue tonight
is the question of whether or not that Planned Development Permit has in
fact expired. MARY DROSI, 1846 East 9th St. was present, and said she
has been working on this project since January, 1978; on this site seven
units are permissible; she only wants four condominiums. Mrs. Drosi
outlined the revisions made to her plans, the money spent and said now
the Code has been amended and if she has to apply for a new PUD, she will
have to apply for a minimum of five units. Mayor Morgan said if they
are really in favor of that permit and she is permitted to build four
units, they are not going to change the whole city and asked if it is in
their discretion to let her build four; he would like to see it go; if
he voted in favor of the permit and it has run out, can she build four
when she could get six or seven. City Attorney McLean answered, "Yes."
Councilman Waters asked if they waived the one section of the new
ordinance which requires this and also a certain amount of criteria that
did not exist when she put out her plans, would she have to comply with
all things that exist in the ordinance today. City Attorney McLean said
if she is going to build according to the old permit, he can not tell
them whether the old permit has all the requirements. Planning Director
Gerschler said the plan otherwise complies with all current codes. In
answer to the question was she ready to build, Mrs. Drosi said that
interest and other things have gone up; they couldn't get a loan because
of the street. Discussion. City Attorney McLean suggested that Mrs.
Drosi_not' come and get permits and pay all the fees unless she is sure
she is going to have the loan from the bank; she could spend a consider-
able amount of money without being able to build the project. Further
discussion. Moved by Morgan, seconded by Camacho, the Council find this
permit is still in existence and Permit No. PD-117 be extended to
September 4, 1980 (amended motion). Carried by unanimous vote.
CITY TREASURER/FINANCE DIRECTOR
The City Treasurer/Finance Director's final audit from Peat, Marwick,
Mitchell and Co., Project No. 07-51-00721 (Sewer Grant) was presented.
Ordered filed by unanimous vote.
CITY MANAGER - No report.
CITY ATTORNEY - No report.
OTHER STAFF - No report,
MAYOR - No report.
CITY COUNCIL
Vice Mayor Dalla inquired as to the status of the Church School (United
Pentecostal Church). City Attorney McLean said the Church School was
given a period of time in which to answer; they have filed an answer;
the City has not filed a cross -complaint; the matter is at issue.
Vice Mayor Dalla asked if under those circumstances there is a time frame
City Attorney McLean said if they make a motion for summary judgment, it
depends upon the court calendar; it may be heard within six weeks, it is
something he can not predict; if that fails, it has to go to trial; one
thing he has been relying on, a case as some kind of legal authority,
has been taken on appeal by the U.S. Supreme Court; the law is not as
clear as it was two months ago.
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ADJOURNMENT
Moved by Camacho, seconded by Van Deventer, the meeting be closed.
Carried by unanimous vote. The meeting closed at 9:30 p.m.
CITY CLER
CITI OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council at their regular
meeting of March 18, 1980,
0 Corrections
CI(N Corrections
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA
3/4/80