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HomeMy WebLinkAbout1980 05-27 CC MIN165 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 27, 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, McCabe, McLean, Stracker. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City followed with invocation by Rev, Dale Barizo, Filipino•.Americanger Seventh Day Adventist Church. APPROVAL OF MINUTES City Clerk Campbell reported the minutes of the regular meeting of May 20, 1980, had not been distributed. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of CARMEN OSUNA to a one-year term as a non..voting member of the LIBRARY BOARD OF TRUSTEES was presented. Moved by Van Deventer, seconded by Camacho, in favor of the Ma or's appointment. Carried by unanimous vote. Shula Monroe, City Librarian and Carmen Osuna were present. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be resent.. ed by title only Carried by unanimous vote. Resolution No. 13,340, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUND.. ARIES OF ASSESSMENT DISTRICT (Alley No. 78 from 18th Street to 20th Street, between "N" Avenue and "0" Avenue), Assessment District No. 202." Moved by Dalla, seconded by Camacho, Resolution No. 13 340 be ado ted. Carried by unanimous vote. Resolution No. 13,341, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Alley No. 78 from 18th Street to 20th Street, between "N" Avenue and "0" Avenue), Assessment District No. by Camacho, Resolution No. 13 341 be ado2tted,' CarrMoveied bybyaunanimousnded votte. Resolution No. 13,342, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND t,ACT OF 1931 (Alley No. 78 from 18th Street to 20th Street,ORITY between 'N'T Avenue and '0' Avenue), Assessment District No. 202. seconded by Camacho, Resolution No. 13 342 be ado ted. MCarried by11a' unanimous vote. Resolution No. 13,343, "RESOLUTION OF INTENTION (Alley No. 78 from 18th Street to 20th Street, 'N' Avenue and '0' No. 202." Moved by Dalla, seconded by Camacho, Resolution Assessmento District be ado ted. Carried byunanimous Resolution No, 13 343 --r � animous vote. Resolution No. 13,344, "RESOLUTION ORDERING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Alley Nos. 75, 79 and 90), Assessment District No. 209 ." Moved by Dalla, seconded by Camacho, Resolution No. 13,344 be adopted. Carried by unanimous vote. 5/27/80 Resolution No. 13,345, "RESOLUTION STING PLAT OWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Ailey Nos. 75, 9 and 90), Assessment District No. 209." Moved by Dalla, seconded b 13,345 be adopted, Carried by unanimous vote. y Cam ho, Resolution No, Resolution No. 13,346, "RESOLUTION ADOPTING PLANS (Alley Nos. 75, 79 and 90), Assessment District No.2 9." Moved by Dalla, seconded by Camacho, Resolution No. 13 346 beadapted.by unanimous vote. Resolution No. 13,347, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 (Alley Nos. 75, 79 and 90), Assessment District No. 209." Moved by Dalla, seconded by Camacho, Resolution No. 13 347 be ado ted. Carried by unanimous vote. Resolution No. 13,348, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (Alley Nos. 75, 79 and 90), Assessment District No, 209." Moved by Dalla, seconded by Camacho, Resolution No. 13 348 be adopted. Carried by unanimous vote. 166 Resolution No. 13,349, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR INCIDENTAL EXPENSES FOR ALLEY IMPROVEMENTS, ASSESSMENT DISTRICT NO. 209." Moved by Dalla, seconded by Carried b Camacho, Resolution No. 13,349 be adopted. Y unanimous vote, ORDINANCE FOR ADOPTION (second reading) Ordinance No. 4/22/80-7, "An Ordinance amending Ordinance No. 1069 providing for Sewer Service Fee Adjustment." (Continued from. April 22, 1980) Moved by Waters, seconded by Camacho, in favor of City Manager's • Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF DEMANDS (WARRANT REGISTER NO. 47), dated May 27, 1980, in the amount of $134,939.00 (Warrants Nos. 68601 through 68674) and PAYROLL for the period ending May 15, 1980 in the amount of $203,219.81 was presented. Moved by Camacho, seconded by Waters, the bills be d.,.ra n. Carried by the following vote, to -wit: A es: and warrants Van Deventer, Waters, Morgan. Nays: None. Y Camacho, Dalla, THE CLAIM FOR DAMAGES of FRANK POSADA, JR. filed with the City Clerk on May 16, 1980 was presented. Moved by Van Deventer, seconded by Camacho, this claim be denied and referred to the Cit Attorne . Carried by unanimous vote. A REQUEST that the City Council set a public hearing at 7:45 p.m. on Tuesday, June 10, 1980, to consider an Amendment to the Fifth Year Community Development Block Grant Program and amending the Small Cities Grant Program approved by HUD in 1978 and the Small Cities Grant Program approved by HUD in 1979 was presented. Moved by Waters, seconded by Camacho, in favor of request. Carried by unanimous vote. A from the alcoholic request beverages inthe Kimball Community NATIONAL NATIONAL ni LITTLE LEAGUE to serve 1 National Little League has reserved the Kimball Community eBuildingl City facilities to hold its annual dance on the evening of June 13, 1980. Approximately 200 persons are expted to attend.) and for waiver of fees was presented. Moved by Camacho, seconded by Waters, in favor of xequest. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS A request for RECONSIDERATION of an ON -SALE BEER LICENSE, of Raymond G. Charles W. and Gertrude Lamden, dba application for a Type 40, Original, Saatijian, Len Steinbarth, and "COOKIN' TACOS", 1710 Highland 5/27/80 167 Avenue, National City, California was presented. Moven seconded by Camacho, this request be considered. Carriedybyatheeventer, following vote, to -wit: Ayes: Camacho, Dallas Van Deventer, Waters„ Nays: None. Abstaining: Morgan. RAYMOND G. ral Partner, Cookin' Tacos, 1710 Highland Ave., N.C,, was present and stat that in speaking to each member of the Council individually, he agreed to install a chain link fence around the entrance of Cookin' Tacos for the purpose of police protection and for patrol of Highland Avenue after the closing time of Cookie' Tacos. In answer to the question if the condition that the serving of beer would cease at 7:00 p.m. were still in effect, Mr. Saatijian stated he agreed to those hours. Moved by Camacho to amend their request and allow them to serve beer until 10:00 p.m. Motion died for lack of second. Discussion. Councilman Camacho stated that if this case went to a hearing before the ABC he would probably have his license extended till 2:00 a.m.; he would prefer for him to have the license at 10:00 p.m. rather than 2:00 a.m. Mr. Saatijian stated he would not like the motion to die because there is some conflict between the 7:00 to 10:00 issue; he is prepared to close the sale of beer at 7:00 p.m. for a trial period. Further discussion. Councilman Dalla asked City Attorney McLean, in view of the report from the Police Dept. the last time this item was on the agenda, what would be the likelihood that the city would win if this item were to go to a hearing before the ABC? (Mayor Morgan asked if this hearing could be tabled because Planning Director Gerschler had to go to a hearing. Council declined request) City Attorney McLean said it was problamatical, because of the position of the staff members, the conditions that the applicant is willing to accept are beyond what we could reasonably expect ABC to impose. Councilman Dalla asked when was the last time they protested a license and won? City Attorney answered they haven't won in five years. In answer to the question if this item were to proceed as a protest and went to a hearing, and if the City lost, would the applicant be under the conditions of a limited Conditional License, City Attorney McLean answered that if any conditions were imposed, in his judgement, they would not be nearly as stringent as the ones the applicant is offering. Further discussion, MAYOR MORGAN stated it's a very poor policy to start. Moved by Waters, seconded by Camacho, this re est be ranted and all sti ulations this individual has a reed to be performed before the application is approved plus the staff recommendations and that includes the chain link fence. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. PUBLIC HEARINGS The CONTINUED HEARING on ABATEMENT OF PUBLIC NUISANCE OF VACANT, UNUSED GASOLINE SERVICE STATION AT 3035 E. 8th Street - ZV-79-110 (This hearing is to determine if the closed and unused service station located at the northwest corner of 8th Street and Harbison Avenue, and existing conditions on the premises, constitute a public nuisance. The conditions which shall be the subject to the public hearing are as follows: Weeds and litter; broken glass scattered about the paved area of the site; windows boarded -up with unpainted plywood and masonite; paint surface of building showingsignsdeterioration and pein on exterior un- controlled parking of motor vehicles; and, chuck holesinlasphalt surfacing of lot. A notice of violation was directed to the property owner of record on December 27, 1979, advising of conditions that exist which may constitute a public nuisance and violation of the Municipal Code, and directing a period of time not to exceed 60 days to accomplish abatement. en or about February 1, 1980, the broken windows were covered with plywood and masonite. No other action was taken. On April 7, 1980, Notice of Hearing on abatement of nuisance was posted on the premises [affidavit of posting on file) and copy of said notice was directed to the property owner of record via certified mail at this time. Planning Director Gerschler stated that the hearinghond this case was begun a month ago; Mr. Loresco, owner of the property, appeared before the City Council on April 22, 1980, and asked questions on how the property could be used, the City Council indicated that the existing service station was a public nuisance but Mr. Loresco was to confer with staff on what the property might be used for; City Council then continued the case 30 days; to the best of the Planning Director's 5/27/80 168 knowledge, Mr. Loresco has not made any contact with his office, so it is staff's recommendation that the City Council make a finding that this abandoned service station is a public nuisance and order the removal. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearin be closed and this ro ert be declared a ublic nuisance and that all sti ulations recommended b the Plannin Commission be adhered to. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE CT-RD, ZC-•2-80, to re -zone the block bounded by 24th Street, Transportation Avenue, 25th Street, and Hoover Avenue, from Manufacturing -light, Redevelopment area (ML.-RD) to Commercial -Tourist, Redevelopment Area (CT-RD), zone change proceedings( )s (The Planning Commission g at of March 24, 1980. The General Plan desi nationpy istTouriste-r Comeeting Zoning is light manufacturing. The Redevelopment Plan Land USeis rcial. Transportation Center and the alternate land use is Highway - Business - Tourist - Visitor. The proposed use of this property park, consisting of 8 separate buildings and related edopenis aspaceland parking facilities. The proposed zone change is consistent with the General Plan, the Redevelopment Plan, and development of an office park. The effect of this rezoning will be to make the zoning of the property consistent with the National City General Plan and Redevelopment Plan for the E.J. Christman Business and Industrial Park.) was held at this time. Planning Director Gerschler stated this case was proposed by the Community Development Commission, the proposed zoning would be consistent with the General Plan and with the E.J. Christman the Planning Commission and staff recommend approval. N000nent waslpresent in this regard. Moved by Waters, seconded by Chan to rezone the block bounded b Camacho„ Pro Zone Street 24th Transportation and 25th and Hoover Avenue from Manufacturin ..li ht redevelo ment area to Commercial -Tourist redevelo ent area be a roved and all sti ula.. tions of staff be adhered to. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE, ZC-4-80, to rezone specific proper- ties located on the south side of 17th Street, addressed 1902 through 1938 inclusive, from Residential, Multiple-Famil Residential, Multiple-Y, Density 15, to , i980 y, Density 30 (Petition received, dated April 20 signed by Melvin Ross, Norma Dowd, Alvin Schmidt, Mary Freeman, and Antonio Lacsina, states: "per instructions of the City Council at the meeting of March 4, 1980, and your promise to return zoning on our property to original density of 15 to 30 upon our written request, instead of our present lower density of 1 to 15. We, the undersigned, request our property be re -zoned back to original density of 15 to 30. The effect of re -zoning will be to increase the allowable density from 1 to 15 dwelling units per acre on each of the subject roperties.) was held at this time. Planning Director Gerschler stated the property now enjoys the density of 15 dwelling units per acre, case approved it will allow a maximum of 30 dwellingunitstper acre;ls Planning Commission and staff recommend that it stay at 15. 1902 E. 17th Street, was present and stated she has been beforeetthe City Council before and Planning Commission as far as the neighbors are petitioning for it, it is only fair, because all the properties around 17th Street have a 30 density, the one behind her has 16 units on less than an acre; she would like to have it rezoned back to how she bought it; it's unfair that everybody else is like 3 or 4 units on her progetting their share; she would ing the density limit allows 4 unitsat1904nand 11908ctor E.1 thschler St.; 5stated at 1912 and 1926; 6 units at 1938; those density yields to the design regulations which would probably cut itdown; Mrs. subject can put in 2 today, if it went to 30 she could put a Dowd stated it is hard to maintain herpropertybecsexsshem ise g4. etting s, older; but she would like to have all the benefits that all her neighbors have; if she wanted to sell, she could sell it at 30 density; maybe somebody could build some units after they bought from her. She would also like to get more profit out of her propeen MELVIN ROSS, 1926 E. 17th Street,twashpresentshesandsstated that the property that Mrs. Dowd referred to is Pe pertree it is going to have 16 units on 3/4 acre on a hill, three of�the r piecescf property together could only have 15 units, all they're asking 5/27/80 169 is that they want to go back to the original zoning of 30 per acre, what it was before the Council downzoned; he is in the same position as Mrs. Dowd, sooner or later he is going to get out and he wants to sell it at 30 density; it's going to go to apartments anyway; after all these years of paying taxes at the higher density, the only way to get their money back is to sell it at the higher density. MARY FREEMAN, 1912 E. 17th St., was present and stated she hopes the Peppertree Condos live up to their promises because they're finding that the dirt and fencing is coming down, she doesn't see how that fence is going to hold up that hill; they asked for a brick wall but it's not available to them; it's very crowded and they too would like to have the R-4 zoning. Mayor Morgan asked the City Engineer to make sure the fence is well -protected. Discussion. ANTONIO LACSINA, 802 E. 24th St., owner of 1938 E. 17th Street, was present and stated he has the biggest property there and he could put at least 6 apartments in there, he would like to keep it R-4 because he is intending to put in 4 or 6 apartments; he would like to build the maximum he can because it is already apartment area. MAXINE ROSS, 1928 E. 17th Street, was present and stated they originally bought this property at 30 and it was down zoned; they want the property it originally was; all the property owners want it back to 30 density; the majority of the property owners signed the petition; if they decide to sell, they will sell together. Mayor Morgan stated that what it boils down to is that none of the property owners want to live there, but yet they want to sell the property and move out but leave apartments there; they really want to make more profit from their land. Further discussion. MELVIN ROSS stated they get the noise and dust from the Peppertree Condos; they have a petition with 100% signatures to rezone to 30 density. Discussion. MARY FREEMAN, stated she can understand both sides, but if everyone was so concerned about apartments, how come they got closed in by all these apartments? ANTONIO LACSINA, stated he might be building his own residential apartment; his plan is to build apartments and make it his residence. NORMA DOWD, stated the neighbors at 1908 were not able to come because of health reasons and they have been there for years; she has no intention of leaving now, but wants the same right that everybody else has and they want to sell it R-4 when she does move. Moved by Waters, seconded by Dalla, the proposed zone change to rezone the properties located on the south side - 1902 through 1938 inclusive, from residential multiple density to residential multiple family density 30 be approved and all stipulations of staff be adhered to. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY CITY ATTORNEY MCLEAN stated the Dept. of Alcoholic Beverage Control has asked the City to take action on the application of LOURDES RESTAURANT which now appears to be in conformance with the wishes of the City Council and City law. Moved by Waters, seconded by Van Deventer, in favor of Lourdes Restaurant re uest and all sti ulations of staff be adhered to. Carried by the following vote, to -wit: Ayes: Camacho, Dalla ,Van Deventer, Waters. Nays: None. Abstaining: Morgan. CITY ATTORNEY MCLEAN recommended the City Council employ WILLIAM SHIPLER as Special Counsel to handle the case of Winkleman/Neeley vs. National City under the terms set forth in his letter. Moved by Waters, seconded by Camacho, in favor of City Attorney's recommendation. Discussion. Carried by unanimous vote. OTHER STAFF - No report. MAYOR MAYOR MORGAN spoke of the City..owned piece of property on Orange Street, north of 18th Street; it was bought for Euclid Avenue; the City can sell this property to a fellow who is landlocked behind; the front will be left for Euclid Avenue; the man wants to build a home on the excess 5%27/80 170 right-cf.-way. Mayor Morgan recommended authorizing staff to negotiate exclusively with Mr. Turner to sell the excess City -owned property at 1733 Orange Avenue: price to be based on an independent appraisal on the value; final agreement to be subject to City Council approval. Moved by Camacho, seconded by Waters, in favor of Mayor's recommendation. Discussion. LEN TURNER, Alta Loma Drive, Jamul, was present and stated his parents owned that property before the war which then went to his older brother; the brother sold it to the City on a hardship sale; he purchased the back parcel from his step -father, he has been in contact with the City for 7 years trying to buy that property; he has been waiting for Euclid Avenue; for 2 years now he has been negotiating with the City; the Fire Department wants a 20' easement; he is completely landlocked; there is a price set; he plans on making it his home; his property in Jamul is selling and he needs to move in right away. Discussion. Moved by Dalla, seconded by Van Deventer, the motion be amended to refer the matter of the disposition to the property to staff for a report and recommendation for a possible disposition and a recommendation on how the property might be disposed of. The Amendment failed by the following vote, to -wit: Ayes: Dalla, Van Deventer. Nays: Camacho, Waters, Morgan. Further discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Water, Morgan, Nay: Dalla, Van Deventer. MAYOR MORGAN'S proposed appointment of Councilman Camacho as alternate to the Metropolitan Transit Development Board was presented. Moved by Waters, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote. Moved by Morgan, seconded by Camacho, to go on record in opposition to Proposition 9. Discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan, Nays: Waters. CITY COUNCIL COUNCILMAN DALLA requested the City Attorney report on the disposition of all liquor licenses protested over the last 3-4 years: Did ABC hold hearing? Did ABC uphold City's protest? Did applicant get license? Would like report in 3-4 weeks. COUNCILMAN DALLA read his letter recommending a program of qualified students to be placed on Boards and Commissions. Moved by Dalla, seconded by Morgan, to revive the student program and contact the Political Science and Public Administration classes at San Diego State, Southwestern College and Sweetwater High School to develop a joint ro ram with some structure and definite objectives; instruct staff to contact appropriate school officials; the condition be that they be local students. Carried by unanimous vote. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:06 p.m. CITY CLERK CITY F NATIONAL CITY, CALIFORNIA The foregoing minutes were adopted at the regular meeting of June 10, 1980 Corrections l.a No corrections CITY OF NATIONAL CITY, CALIFORNIA 5/27/80