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HomeMy WebLinkAbout1980 06-10 CC MIN171 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 10, 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: Ballard, Campbell, Gerschler, McCabe, McLean, Stracker. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by Rev, Hubert Campbell. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the regular meeting of May 20, 1980, be approved, Carried by unanimous vote. Moved by Camacho, seconded by Waters, the minutes of the regular meeting of May 27, 1980, be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dall,a, Waters, Morgan. Nays: None. Abstaining: Van Deventer. PRESENTATIONS AND PROCLAMATIONS The City Clerk read the Mayor's proposed proclamation, "OLD TIME COUNTRY PICNIC FOR SENIOR CITIZENS". Moved by Van Deventer, seconded by Camacho, in favor of the proclamation. Carried by unanimous vote. The City Clerk read the Mayor's proposed proclamation, "ASTHMA WEEK". Moved by Camacho, seconded by Van Deventer, in favor of the proclamation. Carried by unanimous vote. The City Clerk read the Mayor's proposed proclamation, "HONOR AMERICA". Moved by Camacho, seconded by Dalla, in favor of the proclamation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS LOUIS STRAHAN, 1135 E. 30th Street, was present and spoke regarding the trash collection in the alley between "K" and "L", north of 30th Street and also said trucks are still dumping trash on the property on the south side of 30th Street, across from his house. Moved by Waters, seconded by Camacho, the City Manager be directed to investigate and the owner of the property be directed to clean up in 30 days. It was suggest- ed that Mr. Strahan note the license number of the vehicles dumping trash and report it to the City Manager or the Police Department. Carried by unanimous vote. CLIFF BAILY, 1339 I Avenue, N.C., was present with fifteen retired city employees and requested Council help in their retirement benefits. Mr, Bailey said the last 12-15 years, the cost of living has doubled and the retirees are facing very difficult financial times; they ask consideration of some type of assistance to an increase in their monthly income. City Manager McCabe stated PERS was requested to provide the City with statistics and the statistics are here and they are being reviewed; it will be brought up again at the Budget sessions; Mr. Bailey will be notified, Moved by Waters, seconded by Camacho, Cliff Bailey be notified when the Budget meetings will be. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on APPEAL of Planning Commission's finding on October 8, 1979, that the property at 740 National City Boulevard (Samuel, Inc.) lost its lawful nonconforming use status (insufficient off-street parking facili.. ties) because the property was unused for a period of more than one year 6/10/8o 172 was held at this time. Planning Director Gerschler said in accordance with the Land Use Code he issued an order of abatement to the owner of 740 National City Boulevard as the property had lost lawful nonconforming use status because the building had been left unused for over a year; the notice stated those premises could not be used without compliance with the City's parking requirements; the tenants appealed; Planning Commission continued hearings and after lengthy review made a finding that the premises were not used after June 28, 1978 (the abatement notice was dated August 3, 1979) and that the notice was proper and more than twleve months had passed and notified the owner the property could not be used without complying with the City's off street parking requirements. KENNETH HILDRETH, attorney representing Samuel, Inc. (tenant) was present and stated what he considered the principal errors of the finding by the Director of Planning and the Planning Commission: First, the Planning Commission held that his client had the burden of proof to show there was no abandonment in this case because the business can no longer be operated on the property; the City has the turden of showing it was not occupied for a twelve month period; Second, the findings of the Planning Director and the Planning Commission are not supported by the evidence; Third, the Land Use Code does not apply (Mr. Hildreth quoted sections of the LUC and spoke of structures vs. businesses). Mr. Hildreth spoke of Mr. Gerschier's letter to his client in August 1979 based on abandonment in July 1978, the Planning Commission's decision June 28, 1978 was the commencement of abandonment; the business license approval on July 10, 1979 after which his client expended large sums of money upgrading the property; the August 9, 1979 staff report of Building and Housing submitted to the Planning Commission showing the premises were occupied by Len's to July 17, 1978. Mr. Hildreth stated that Malcolm Fletcher, property manager, Fred Mitchell Company, issued a lease for Fat Sam's in September 1978 and the tenant was rightfully in possession; Mr. Fletcher could not be here tonight; if Council was unwilling to accept Mr. Hildreth's statement of what Mr. Fletcher's testimony would be, he would suggest the hearing be continued to the latter part of July. Mr. Hildreth went into detail regarding the inspections of premises made by the City's Senior Building Inspector and Fire Marshal in July 1979. Mr. Hildreth said the property owner might be forced to sell the property for a lesser amount than what she could expect if use of the building is denied. Mr. Hildreth said he would like to question Mr. Gerschler, Mr. Brile, Mx. Watson and Mrs. Kerr; for the record, he believed these individuals are familiar with certain facts that are vital to his case and he would like the City to present these individuals and documents under their control. CITY ATTORNEY MCLEAN said Mr. Hildreth was invited to submit questions and he was told by Mr. McLean that any City documentation or record would be produced for him; he has yet to communicate to him any record, fact or document he needs tonight that has not already been made available to him; he has been given complete and total access to City records; unless he can tell us what he further requires or feels prejudiced; we still have not heard from him. Mr. McLean invited Mr. Hildreth to state what he wanted to prove. Mr. Hildreth said he wanted to question these witnesses. City Attorney McLean said Mr. Hildreth still has not stated what it is he needed to prove. Mr. Hildreth said from Mr. Wright who was present on July 17, 1979 when he and Mr. Winkleman went to the property --the City contends the business license had not been granted on July 10, 1979 when the fee was paid --there was no requirement that approval had to be made by the Fire Department and the Building Depart- ment. The City Attorney asked if he could not prove that by the docu- ments furnished him, Mr. Hildreth said he would like the testimony of Mrs. Kerr and Mr. Watson regarding the business license. City Attorney McLean answered Mr. Watson is on vacation, Mr. Wright is ill. Mr. Hildreth requested the hearing be continued; asking questions would be a stimulus for further questions in that general area; he was trying to question employees only to the extent the evidence relates to the issue; he would like to question Mr. Gerschler and Mr. Exile regarding the LUC and the license approved on July 10 and further question when it first came to their attention the property was abandoned and whether any attempt was made to notify the tenant on July 31 and generally question them regarding numerous conversations his client had during this time period and whether any business could be conducted at 740 National City Blvd. since there is no off-street parking if the nonconforming use is upheld; that is about as specific as he could get; he believed they were witnesses relevant to his case. City Attorney McLean advised the Mayor 6/10/80 173 that Mr„ Gerschler was present if he felt it was necessary Y � to ask him; furtherquestions„ Mayor Moran asked Mr, Gerschler if he had any more information to give than is in writing here. r replied all the information he had has been made available to�Mr. Hi dxeth, Mayor Morgan advised Mr. Hildreth that these were not court proceedings; Mr. Gerschler says he has no further information and there is no add- itional information to give. Mr. Hildreth noted he was not able to question Mr, Gerschler and asked if that would also be true of Mr. Brile, Mr. Watson and Mrs. Kerr, City Attorney McLean said the property owners were represented by another attorney at the Planning Commission Hearing at which time testimony was given and the question is whether Council is going to hold a new trial or if Council is going to say you are here to appeal the record on which the Planning Commission decision was reached; the appeal is to show how the Planning Commission made an error on the evidence before the Planning Commission; what Mr. Hildreth wants is a new trial here. Councilman Dalla said we keep hearing the words trial evidence; this is a hearing on an appeal; we hear what the appel- lant wants to say; we do not interrogate witnesses, City Attorney McLean said that was what he was drawing to their attention; it was exactly that point; the Planning Director wrote a letter of abatement; then the Planning Commission held a hearing; documents, letters, record of the Planning Department and the Marshal's office were there was testimony regarding occupancy, questions were asked of City staff and the City Attorney was there and asked questions of the property owners; after all that, the Planning Commission made a decision; now the property owner is appealing; the question for Council to decide is whether you are having a whole new trial lake the Planning Commission did or if you take the position the Planning Commission had a trial and the appellant has to show you the Planning Commission decision was not supported by the evidence; the property owner has an obligation to show where the Planning Commission made an error; but you are the governing body and, if you wish, we will have another trim Councilman Camacho suggested since Mr. Hildreth has given his opinion Council see if anyone else is here to speak and then Council decide if the Planning Commission was wrong; he would like to hear someone else speak. Mayor Morgan said he would like to hear where the Planning Hildreth agreed and said that was in his fiirstscouple sionaof de poia mistake,ci, should exercise their right to have the same kind of hearingnas9the unil Planning Commission; he thought they were required to do so; the August 9, 1979, report states the reasons for abandoning, City Attorney McLean said the Planning Commission made a determination; staff made a report; Planning Commission made the decision. Mr, Hildzeth was that the Planning Director made the initialdecision dand sitpwason heard by the Planning Commission and Council should follow the same procedure, City Attorney McLean said what the Mayor was asking was where the Planning Commission made an error in their findings. Mr, Hildreth said he must emphasize the vested right of his client. Council- man Camacho said he appealed to the Planning Commission; the other attorney was with him at the time and presented evidence to the Planning Commission; he has looked at the Planning Commission recommendation and they denied on the basis of all the evidence presented to them. Mr. Hildreth said you state all, the evidence was given to the Planning Commission and I will not be able to present this evidence again as to why I believe the original, determination was incorrect; because zoning approval was not exercised within one year from July 17, 1978 and I would need the testimony of witnesses requested. Vice Mayor Waters asked if Mr. Hildreth had made any effort to see Mrs. Kerr or Mr. Brile, Mr. Hildreth said he needed their testimony before Council, not to relate their testimony to Council. (Mr, Hildreth spoke of the date of issuance of the business license and quoted from the L.UC.) Mr. Hildreth asked if Council were willing to accept his word that Mr Fletcher the building was occupied after Jul 1y •Fyawould McLeten asked stify that fact had not been before the Planning Commission? Did he want to take more testimony or did he want to review the Planning Commission recommendation after hearing the testimony? Mr. Gerschler said Mr, Fletcher did testify, Mr. Hildreth said no, Mr. Fletcher did not testify; Mr• Bonham did. Mr. Hildreth respectfully requested that Mr, Fletcher be allowed to testify that there was a lease in September 1978 and asked the hearing be continued because Council was saying in essence that they did not accept bis testimony. Mayor Morg an asked if anyone else was 6/10/80 174 present to speak. KEN BONHAM, Fred Mitchell Co.,present and said his co 615 Lsn St. S.D., was pan y executed a lease with the current tenants on July 1, 1979. Mr. Hildreth interrupted to explain he was talking about a lease between the company managing 740 National City Blvd. and the current business and asked why we should be concerned if he has ten leases; we are concerned about adequate parking . 'City Attorney McLean said because the Planning Commission made a finding the property had been abandoned for a year, therefore, to start useoof the property for the current tenant, the off-street parking regulations have to be met; the current tenant is appealing on the basis that the property was used, a lease was entered into prior to the time the one year had run out and, therefore, the property was not abandoned for one year; this evidence and other evidence was presented to the Planning Commission, and now these people are saying the Planning Commission was wrong and set it aside. Ken Bonham said the property had never been abandoned. City Attorney McLean said a use of the property was not being made that was lawful. Mr. Bonham said in answer to Mr. Hildrethts questions each time we got a tenant, the City for some reason said the use was not propert; for some reason beyond his understanding the Planning Commission has turned us down; if we cannot get this tenant in, then we cannot get any tenant in and the owner will suffer loss; we can provide the parking if Mr. Gerschler will give us a variance; we feel we could comply. Mayor Morgan addressed the City Attorney saying he did not want to get into cross examination. The City Attorney replied Mx. Hildreth was only trying to speed things up. In answer to Mr. Hildreth's lease files, Mr. Bonham said they executed a lease on 1,Decemberons re with Sam Fury who occupied the premises in October,they 1978m wo months free rent; Mr. Fury cleaned the premises and hauled out htrash. City Attorney McLean inquired why he left, Mr. Bonham said his under - to a standing was that he applied for a CUP but did not pursue it. In answer in possHildreth, o�ansaid the current tenant was ession of the premises from Jul1979 e a deal was made with the tenant to make improvements totthe o hbuilding;she paid the rent and we gave him the key July 1, 1979 and he painted and made electrical improvements. Councilman Dalla asked if he had any kind of permit to make those improvements. City Attorney McLean said the answer is no. Mr. Bonham said he was told it was not necessary to get any building permits. City Attorney McLean said this was presented to the Planning Commission and testimony was in conflict. Mr. Hildreth called Mr. Toshoti,Kling, Texas. Under questioning of Mr. Hildreth, Mr. Toshoti said he had talked to Mr. Winkleman who said they did not need building permits, they were told there would be no problem with the business license; they started the business July 31, 1979; they had had possession of the premises since July 1, they invested about $12,000 since that time and would not have done so if they had known they could not get a license; they were told they needed off-street do not know why they cannot get a parking and they leased some; they ome upyet; license but the real reason has not from July 10 through the 31 they worked 16 hours a day trying to get open. Mr. Hildreth said for purposes of future appeal, the persons he requested as witnesses have not been made available and if Council does not wish to accept his testimony as to Mr. Fletcher, he would request a continuance. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, Iha_hg.:_axing be closed and the a eal denied and all sti ulations of the Plannin Commission be adhered to. Councilman Dalla commented this item first of January 8 and was continued to March 4 to appeared on aye agenda 13, and to June 10; he has had adequate time toppr parril e to My thecase�and May gather witnesses and he did not think any more time need be given; they have a three year lease and have already used up a Motion carried by the following vote, to -wit: Ayes: ean and a half. Van Deventer, Morgan. Nays: None. Abstaining;Waterss, Mr, Hildreth said the continuances were requested because they had applied for a zone variance. The HEARING on the Proposed Amendment to the Fifth Year Community Development Block Grant Program and Amendments to the Small Cities Grant Programs approved by the U.S. Department of Housing & Urban Development in 1978 and 1979 to add Census Tract 32.04 to programs (The City Council by adoption of Resolution No. 13,235 on February 5, 1980 extended the 6/10/80 175 Housing Assistance Area or Home Improvement Loan area City-wide and limited loans to owner occupied units only. Census Tract 3204 (Sweet- water Heights) was not included in the earlier applications to HUD because it was only 23.7% low income according to the 1975 Census. Tract 119 was included, 39.9% low income, and all other tracts all of which have more than 50% low income were included. The advantages of adding Tract 32.04 to the Program include the following: (1) Conformity to City Council policy, City-wide. (2) The age and condition of the structures in this area warrant rehabilitation. (3) Loan availability to families within this tract regardless of income level. (4) Comparability and consistency of loan programs, City-wide, with related administrative benefits. The memo to the Committee for Housing & Community Development, dated May 9, 1980,... provides more detail including other policy proposals which are not a part of this Public Hearing.) was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and stated if Tract 32.04 were included, the home improvement loan program would be extended to persons of above moderate income level; there are no current surveys of the income of families in the area; this is a policy matter. Mr. Peterson recommended this Tract be added in order to have all tracts within the City in the home improvement program. Discussion re current income level within Tract 32.04, the limited amount of money available for all loans, applications on file, application that could be expected to be received, concern for low and moderate income family needs, and the wisdom of continuing the hearing until specific facts are available. Moved by Morgan, seconded by Camacho, denv this tract. Moved by Waters, seconded by Van Deventer, the motion be amenaea to continue this for one week until further information can be brought back to the Council members concerned. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. ORDINANCES FOR INTRODUCTION (Urgency) Moved by Camacho, seconded by Van Deventer, these two ordinances be introduced by title on1Y. Carried by unanimous vote. Ordinance No. 1719 (6//0/8A-1), "ORDINANCE AMENDING ORDINANCE 1069 ESTABLISHING SEWER SERVICE CHARGES AND RESCINDING ORDINANCE 1369 AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE.n Moved by Camacho, seconded by Van Deventer, Ordinance No. 1719 ( 0/8p_1) be adopted. Discussion re sewer & water rates and the possibility of iNtructing representatives of the Sweetwater Authority to vote "not!/future proposed rate increases. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Ordinance No. 1720 (6/19/843-a), "AN ORDINANCE AMENDING ORDINANCE NO. 725 RELATING TO THE CREATION AND ACCUMULATION OF A FUND FOR CAPITAL OUTLAYS AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1720 (6/4(i80-2)be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. A five-minute recess was called at 9:30 p.m. Council reconvened at 9:35 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. NEW BUSINESS NATIONAL CITY TRANSIT'S recommendation regarding Routes, Schedules and Fare Structure (A. Changes in routes: [1] discontinue route 603 on Saturday [2] change route 601 from half-hour headways to one -hour headways on Saturday [3] discontinue service between 7:20 p.m. and 9:12 p.m. [4] operate route 601 in a clockwise direction [5] eliminate segment of route 602, traveling Orange Ave, [6] begin operation of route 602, west along 18th Street, at approximately 6:00 a.m. [7] eliminate last segment of route 603, traveling to 18th/Harding, 8. Changes in fare structure: Full Fare 530, Elderly/Handicapped 25 cents, Child/Student 250, Children under 6, Free, Gold Passes, Free.) was presented. KEN FISCHER, Resident 6/10/80 176 Manager, was present and stated the recommendations presented tonight revolved around the new State law that requires transit operators to maintain their present fare box recovery rate or obtain a 20% fare box recovery rate, whichever is least; in the case, of NCT, the 20% fare box recovery rate applies; in order to meet this rate, NCT is recommending elimination of non -productive services and raise fares. {Mr. Fisher pointed out routes on map). Moved by Van Deventer, seconded by Camacho, in favor of staff recommendation. Discussion re San Diego Transit and ridership. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on the Stielau Annexation - Detachment from the Bonita- Sunnyside Fire Protection District and Detachment from the San Diego Flood Control District was called at this time. Planning Director Gerschler asked for the continuance of this hearing for one week. Moved by Van Deventer, seconded by Camacho, this public hearing be continued one week, Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be present- ed by title only. Carried by unanimous vote, Resolution No. 13,350, "RESOLUTION ESTABLISHING THE CITY OF NATIONAL CITY APPROPRIATIONS SUBJECT TO LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 1981." Moved by Camacho, seconded by Van Deventer, Resolution No., 13,350 be adopted. Carried by unanimous vote. Resolution No. 13,351, "RESOLUTION ESTABLISHING MOTOR VEHICLE EQUIPMENT MAINTENANCE FUND." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,351 be adopted, Carried by unanimous vote. Resolution No. 13,352, "RESOLUTION ESTABLISHING GENERAL SERVICES FUND." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,352 be adopted. Carried by unanimous vote. Resolution No. 13,353, "RESOLUTION ESTABLISHING WORKERS COMPENSATION SELF INSURANCE FUND." Moved by Camacho, seconded by Van Deventer, Resolution No. 13:353 be adopted. Carried by unanimous vote. Resolution No. 13,354, "RESOLUTION ESTABLISHING USER CHARGES FUND." Moved by Camacho, seconded by Van Deventer, Resolution No, 13,354 be adopted. Carried by unanimous vote. Resolution No, 13,355, "RESOLUTION ESTABLISHING BUILDING MAINTENANCE SERVICES FUND." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,355 be adopted. Carried by unanimous vote. Resolution No, 13,356, "RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO CAPITAL OUTLAY FUND FOR RESERVE FOR FUTURE EXPENDITURES." Moved by Camacho, seconded by Van Deventer, Resolution No, 130356 be adopted. Carried by unanimous vote, Resolution No. 13,357, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO CAPITAL OUTLAY FUND FOR RESERVE FOR FUTURE CAPITAL OUTLAY EXPENDITURES." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,357 be adopted, Carried by unanimous vote. Resolution No. 13,358, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF FUNDS FOR CARRY OVER CAPITAL IMPROVEMENT PROJECTS." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,358 be adopted, Carried by unanimous vote. Resolution No. 13,359, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPRORRIA ION AND TRANSFER OF FUNDS FOR RESERVE FOR CONTINGENCIES." Moved by Camacho, seconded by Van Deventer, Resolution No, 13,359 be adopted, Carried by unanimous vote. 6/10/80 177 Resolution No. 13,360, "RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATIONS AND TRANSFER OF FUNDS FOR RESERVE FOR CONTINGENCIES," Moved by Camacho, seconded by Van Deventer, Resolution No. 13,360 be adopted„ Carried by unanimous vote. Resolution No. 13,361, "Establishing Interest Rates for Home Improvement Loans." Moved by Camacho, seconded by Van Deventer (for discussion) Resolution No. 13,361 be adopted. Discussion re the normal procedure being followed, the interest rates other communities are following, etc. Executive Director Peterson, Community Development Commission, suggested this item be a companion item with Census Tract 32.04 because they intermingle. Councilman Van Deventer withdrew his seond. Moved by Van Deventer, seconded by Camacho, this be held over one week. Carried by unanimous vote. Resolution No. 13,362, "Proposed Amendment to the Fifth Year Community Development Block Grant Program and Amendments to the Small Cities Grant Programs approved by the U.S. Department of Housing & Urban Develop- ment in 1978 and 1979 to add Census Tract 32.04 to said programs. Moved by Van Deventer, seconded by Camacho, this Resolution be continued 1 week. Carried by unanimous vote. Resolution No. 13,363, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP - SOUTHPORT OFFICE PARK, 102-322 WEST 24TH STREET." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,363 be adopted. Carried by unanimous vote. Resolution No. 13,364, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE 24TH STREET PROJECT FAU M-S460." Moved by Camacho, seconded by Van Deventer, Resolution No. 132 364 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF DEMANDS (WARRANT REGISTER NO. 48), dated June 3, 1980, in the amount of $49,236.74 (Warrants Nos. 68675 through 68742) was presented. Moved by Waters, seconded by Camacho, these demands 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 RICHARD NARVAEZ was presented. Moved by Dalla, seconded by Camacho, this claim be denied and referred to the City Att_ ornm:. Carried by unaimous vote. GENERAL SERVICES (Purchasing Div.) recommendation to Award Bid G.S. 7980-11 for RS-1 Oil (Bids were solicited from seven vendors with three respondents, one of which was a "No Bid" response. The low bidder was Sim J. Harris who met all bid specifications. Copies of the Certificate of Publication and vendor's Affirmative Action Plan are on file in the office of the Purchasing Agent. Staff recommends the bid be awarded to Sim J. Harris Company, in the amount of $43,723.70) was presented. Moved by Waters, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. GENERAL SERVICES (Purchasing Div.) recommendation to Award Bid G.S. 7980-12 for RS-2 Oil & Related materials (Bids were solicited from 9 vendors with three respondents, one of which was a "No Bid" response. The low bidder was Sim J. Harris Company who met all bid specifications. A copy of the Certificate of Publication and vendor's Affirmative Action Plan are on file in the office of the Purchasing Agent. Staff recommends the bid be awarded to Sim J. Harris Company in the amount of $7,916.35). was presented. Moved by Waters, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. A Request from "THE GALLERY" AUTO SALES to occupy a commercial mobile unit for private office facilities (The Gallery is requesting approval of a Temporary Use Permit for a mobile unit that was set up as a private office for Mr. and Mrs. Jon Millum (owners). This mobile unit was set up without benefit of a permit, Mr. Millum is attempting to comply as a result of a notice from the Building & Housing Department to obtain 6/10/80 178 a Temporary Use Permit and a Building Permit. A Temporary Use Permit for this item has been processed and the Planning Department, Police Department, Finance Departmentland Fire Department have no objections. Staff recommends that this request be denied, and the applicant be ordered to remove this unit from the site, with the provision that a request for a Temporary Use Permit could be resubmitted at a later date. If the Temporary Use Permit is approved, a Building Permit will be required, and unit shall comply with all applicable code requirements, including access for the physically handicapped.) was presented. Moved by Morgan, seconded by Camacho, fn,- Anoroval. It was asked if this private office is relating to the same business and City Manager McCabe stated it does. The need for this second trailer was questioned. City Manager McCabe said it was his understanding it was a private office for closing and other business; it is a temporary type structure that has been there for some time without permit. Moved by Van Deventer, seconded by Waters, the motion be amended to lay this item over until further questions can be answered. Carried by unanimous vote. A PETITION for the 1911 Act IMPROVEMENT of Alley between 17th Street, M.Avenue, N Avenue and M from 17th Street to Alley (grade, pave, drain- age & City participation by assessment proceedings was received May 29, 1980) was presented. Moved by Van Deventer, seconded by Camacho, this item be referred to staff for further study and report. Carried by unanimous vote. The NATIONAL CITY AMERICAN LITTLE LEAGUE'S request for permission to serve Alcoholic Beverages in the Kimball Community Building and for the waiver of fees (The National City American Little League has reserved the Kimball Community Building facilities to hold a Fund -Raising dance on the evening of June 21, 1980. Approximately 200 persons [adults] are expected to attend. The League has requested City Council authorization to serve alcoholic beverages in conjunction with the event. It is also requesting that the fees for the use of the building be waived.) was presented. Moved by Van Deventer, seconded by Camacho, in favor of Staff recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Application for ORIGINAL, TYPE 41 for ON -SALE BEER AND WINE LICENSE for consumption on a bonafide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold by Jack H. Cooper, Jose Feria, Carmen Wadsworth, dba PEPE FERIA, 3120 Plaza Blvd., National City was presented, Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation with conditions A, B, C, and D made part of the approval. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The City Clerk's result of opening of sealed BIDS - RECONSTRUCTION OF CLEVELAND AVENUE, 22nd to 24th Street (Sealed bids for the reconstruction of Cleveland Avenue, 22nd to 24th Street, were received up to the hour of 3:00 p.m., Wednesday, June 4, 1980, 6 bids were received: Daley Corp., $89,968.50; T.B. Penick & Sons, $106,675.20; D.L. Muns Engineering & Building Contractors, $134,194.05; R.E. Hazard Co., $108,645.50; Griffith Co., $103,305.20; H.L. Foster Construction Co., $92,532.66.) was presented. For information only. No action required. An Application for variance from Ordinance 1473 (DRIVEWAY) at 3040 C Avenue (Applicant is requesting two driveways serving the same parcel that have less than 25' separation at the curb line. Parking is prohibited on 31st Street at this address so there is no impact to on - street parking. Staff recommends approval.) was presented. Moved by Waters, seconded by Camacho, in favor of the Engineer's recommendation. Carried by unanimous vote. WRITTEN COMMUNICATIONS PONY BASEBALL'S request for City advertisement in the 1980 Tournament Program was presented, Moved by Waters, seconded by Camacho, in favor of Pony League's request. Councilman Dalla stated he does not agree n spending the City's money to advertise the Council on a book. Discussion,' Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla. Abstaining: Van Deventer, 6/10/80 179 OTHER BUSINESS PLANNING The Planning Department's request for determination of permit/fees authority re -construction projects for parking lots waiting shelters, etc. by San Diego Metropolitan Transportation Development Board (As a part of the Tijuana Trolley project, the MTDB will construct loading platforms, waiting shelters and parking lots at their 24th Street and Civic Center Drive stations in National City. Plans for this work have been filed with the City and have been reviewed by Building & Housing, Engineering, Public Works, Planning and Fire Departments, and by National City Transit Company. Several suggestions have been received from those departments for plan changes needed to bring the work into full compliance with City codes and ordinance.) Planning Director Gerschler stated staff recommends the permit fees be waived and the compliance with other codes and ordinances and permits not be waived. Moved by Camacho, seconded by Van Deventer, in favor of the Planning Director's recommend- ation. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. TRAFFIC SAFETY COMMITTEE Recommendation of the TRAFFIC SAFETY COMMITTEE from their regular meeting of May 15, 1980, (1. Remove handicapped parking space in front of 621 "J" Avenue [handicapped person has move; 2. install double length handicapped parking space in frontof the First Baptist Church at 7th & G Streets; 3. Order the installation of pedestrian signal heads to be incorporated into the current design for modification of the traffic signals at Plaza and Palm; 4. Install painted red wings on a driveway at 311 E. 26th Street. 5. Install red curb and prohibit parking on the north side of 18th Street between National City Blvd. and the alley to the East.) were presented. Moved by Waters, seconded by Van Deventer, these be approved and filed. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL A Request from Brown Motor Auto Sales to occupy a Commercial Mobile Unit for Temporary Office Facilities (A sales office is required by state law on site wherever there are car sales. Brown Motors has leased this property until 1984 and are requesting approval of a Temporary Use Permit to use a California State approved commercial mobile unit for an office on the premises at 1741 National City Blvd. This mobile unit will be located within the F-1 Zone. However, it is exempted from the flood proofing requirements of City Ordinance No. 1663 as it is of a temporary nature and the wheels will remain on the mobile unit [sec. 18.24.090 E (2)] A Temporary Use Permit for this item has been processed and approved by the Planning Department, Finance Department, Police Department, Fire and Building & Housing.) was presented. Moved by Morgan, seconded by Camacho, for approval. Councilman-Dalla-said-he-didnit-know-whe-was responsible-fer-putting_this_back-on-the-Agenda;-there-xas-nothing-new- in_the-sta€f_repert. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. MAYOR MORGAN requested a motion to place a temporary facility for Archie's (19th & Cleveland) on the Agenda for next week. Moved by Morgan, seconded by Camacho, this item be placed on the Agenda. Carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. *Councilman Dalla commented he did not know whose responsibil§00 0 was to make available the information that enables Council to vote; nowhere does the staff report show what these people have gone through and the factthat they have tried to comply; the new staff report doesn't say anything different from the old report; this item nee4 not have come back; if you dig into it, there is good reason why they want the trailer. 180 VICE MAYOR WATERS announced that there would be a Finance Committee meeting on the Budget, Monday, June 6, 1980, at 3:30 p.m., the departments heard will be: City Council, City Clerk, City Manager, Non -department expense and Finance Department; on Wednesday, June 18, 1980, at 3:30 p.m., the following departments will be heard: General Services, City Attorney, Personnel, Planning, Engineering; they will try to limit the sessions to 2 hours. COUNCILMAN CAMACHO reported that a Folklorico Dance Team will represent the City of National City at the Sister City Tecate Fair in July; the Mayor of Tecate and some of his staff will be here on the 17th of June to make a formal presentation. PUBLIC HEARINGS cont'd The Public Hearing on APPEAL of Planning Commission's denial of applica-.- tion for ZONE VARIANCE NO. Z-1-80 at 740 National City Boulevard (The subject application for zone variance is to allow an off-street parking facility containing nine spaces, with a single one-way access aisle having a total overall width of 11'3"; and, that does not provide that a vehicle leaving the parking lot is clearly visible to a person at a point 10' from the edge of the approach to the driveway, when the vehicle is 10' from the property line within the parking lot. This parking facility is considered non -conforming and is proposed to be used to satisfy the off-street parking requirements for the building at 740 National City Blvd., which in itself has lost its lawful non- conforming use status due to not being occupied for a period in excess of one year. The Planning Commission, at their meeting of April 14, 1980, took action to deny this application for the reason that the applicant failed to present evidence at the public hearing to support a finding of special circumstances applicable to this property that justifies the granting of zone variance in accordance with Section 65906 of the Government Code, State of California.) was held at this time. Planning Director Gerschler stated the Planning Commission denied the application because they were unable to find the necessary special circumstances that will support a variance in the manner provided by State law and Municipal Code. KENNETH HILDRETH, attorney -at -law, was present and read Section 18.114.020 of the Municipal Code re variances. Mr. Hildreth called Ken Bonham, 615 Ash St., San Diego, to answer questions posed by Mr. Hildreth. Mr. Bonham stated that if they are denied the variance they will loose the privelege that is enjoyed by other properties around that area that enjoy the same situation they have. Mayor Morgan ruled he would not allow any more cross examinations; it was completely out of line. Mr. Hildreth said when he first cent to the Planning Commission, they expressed that their primary concern was that if this variance was granted, there would be an impairment of traffic safety; therefore, the Planning Commission referred the matter to the Traffic Safety Committee and the Police Department; recommendations were made that the zone variance should be granted subject to the conditions expressed in the staff report; the Planning Commission paid no heed to the recommendations from the Traffic Safety Committee; he would like to reflect that there has been no opposition to this particular variance in any course either before the Planning Commission or here this evening before the City Council. Mr. Hildreth stated he would not ask for a rehearing all he wants to do is ask if all the administrative remedies have been exhausted? City Attorney McLean suggested he decide what he thinks he needs to know, they cannot answer that. Mr. Hildreth stated he will ask for a rehearing, if that is rejected, the record should be clear. City Attorney McLean stated no decision has been made, how could he ask for a rehearing without a decision? City Attorney McLean reminded Mayor Morgan the posture of the case is the evidence concerning: the addition of the parking lot, facts and circumstances surrounding the parking lot, and its use and its relationship to the adjacent property which was presented at length at the Planning Commission; the Planning Commission concluded that they had not been persuaded they could make the determination the law requires to grant the variance; the decision of the Planning Commission was appealed. Mr. McLean continued the question before Council was that if they find in reviewing the record and reviewing the evidence that the 6/10/80 181 Planning Commission was in error, then Council will set aside the Planning Commission's decision and make its own different decision to grant a variance. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and this appeal for the variance be denied and all stipulations of the Planning Commission be adhered to. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: None. Abstaining: Waters. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:28 p.m. CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA July 1, The foregoing minutes were approved at the regular meeting of June- 3198s f-L XCorrections * 0 No corrections CITY OF NATIONAL CITY, CALIFORNIA *Delete the third sentence of the first paragraph under Council Communications (page 179) and insert the following: "Councilman Dalla commented he did not know whose responsibility it was to make available the information that enables Council to vote; nowhere does the staff report show what these people have gone through and the fact that they have tried to comply; the new staff report doesn't say anything different from the old report; this item need not have come back; if you dig into it, there is a good reason why they want the trailer."