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HomeMy WebLinkAbout1979 08-14 CC MIN231 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 14, 1979 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, 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 the Rev. Hubert Campbell, First Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of August 7, 1979, be approved. Carried by unanimous vote. Mayor Morgan stated if there is no objection of Council, the following Resolutions (Res, Nos. 13,103, 13,104, 13,105) will be continued to the meeting of August 21st. Moved by Waters, seconded by Van Deventer, so moved. Carried by unanimous vote. Mayor Morgan excused Robert Onley, Staff Assistant. Resolution No. 13,103, "Adopting Plans and Specifications, 19th Street, Granger Avenue to Rachael Avenue proposed special assessment improvement district, 1911 Act. No. 190." (See page 231, paragraph no. 5) Resolution No. 13,104, "Adopting Map showing exterior boundary of the District, 19th Street, Granger Avenue to Rachael Avenue proposed special assessment improvement district, 1911 Act. No. 190," (See page 231, paragraph no. 5) Resolution No. 13,105, "Resolution of Intention, 19th Street, Granger Avenue to Rachael Avenue proposed special assessment improvement district, 1911 Act No. 190." (See page 231, paragraph no. 5) City Manager McCabe reported the GIRL'S SOFTBALL LEAGUE requested permission to hold a FUNDRAISING BENEFIT Sunday, August 19th at Las Palmas Park; staff has reviewed the request (including waiver of $100 TUP) and recommends approval. Moved by Waters, seconded by Van Deventer, in favor of the request. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Dalla, seconded by Camacho, these Resolutions be presented for adoption, Ordinances for introduction and adoption all by title only. Carried by unanimous vote, Resolution No. 13,101, "RESOLUTION AUTHORIZING EXECUTION OF ENCROACHMENT REMOVAL AGREEMENT FOR 41 HIGH FENCE, IN 16TH STREET (final)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,101 be adopted. Carried by unanimous vote. Resolution No. 13,102, "RESOLUTION DIRECTING NOTICE OF ASSESSMENT AND TIME OF HEARING THEREON - "I" Avenue, 24th Street to 26th Street, District No. 191." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,102 be adopted. Carried by unanimous vote. Resolution No. 13,103, See paragraph 5, page no. 231. Resolution No, 13,104, See paragraph 5, page no. 231. Resolution No. 13,105, See paragraph 5, page no. 231. 8/14/79 232 Resolution No. 13,106, "RESOLUTION OF AWARD OF CONTRACT - DRAINAGE PIPE, SPECIFICATION NO. 903." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,106 be adopted. Discussion. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) (See paragraph no. 10, page no, 231) Ordinance No. 8/14/79-1, (See paragraph no. 3, page no. 235) Ordinance No. 8/14/79-2, "An Ordinance Rezoning from CBD-RD (Central Business District -Redevelopment) to RS-2-RD (Residential Single Family - Redevelopment) the properties at 1018 through 1130 "D" Avenue (inclusive), (ZC-11-78).0 Ordinance N . 8/14/79-3, "Ordinance to add PUD (Planned Unit Development) Zoning to t e property at the Northwest Corner of Euclid Avenue and 24th Street (Vac ted). Easterly 300' of Assessor's Parcels 561-420-10, 11, and norther,1y 30' of adjoining vacated 24th Street. (ZC-10-79)." ORDINANCES FOR ADOPTION (second reading) (See paragr ►ph no. 10, page no. 231) Ordinance NO. 1694 (7/24/79-k), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING NATIONAL CITY MUNICIPAL CODE, TITLE 18, ZONING, REGARDING USEABLE OPEN SPACE, OFF-STREET PARKING, ACCESSORY STORAGE, SETBACKS, AND ARCHITECTURAL'QUALITY FOR APARTMENTS AND RESIDENTIAL CONDOMINIUMS." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1694,{7/24/79-1) be adopted. Carried by unanimous vote, NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 4, dated August 14, 1979 in the amount of $116,619.60 (Warrants Nos. 65633 through 65703) and WARRANT REGISTER NO. 6, dated August 14, 1979, in the amount of $38,676.87 (Warrants Nos. 65752 through 65799) was presented. Moved by Dalia, seconded by Camacho, these demands be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None, The City Engineer's recommendation to DENY DEFERRAL OF SIDEWALK adjacent to 1243 E. 2nd Street, Gallegos (the property owner has an obligation under Ord. 1491 to install up to $1,530 worth of street improvements; approximately 136 feet of sidewalk can be installed on Laurel Street within the $1,530 amount; the owner states that if a sidewalk is installed, it will be covered with dirt from the 1:1 dirt slope adjacent to the sidewalk and requests a deferral; he has offered to sign a Covenant not to protest a 1911 Act as a condition of deferral; the sidewalk area has been inspected and construction of the sidewalks will not affect the bank; any material that sloughs onto the sidewalks can easily be removed) was presented. Moved by Waters, seconded by Dalla, in favor of the City Engineer's recommendation. Carried by unanimous vote. The City Engineer's recommendation to DENY DEFERRAL OF DRIVEWAYS AND SIDEWALKS on Plaza Blvd., SOUTH BAY PLAZA SHOPPING CENTER (the property owner has an obligation under Ord. 1491 to install sidewalks and drive- ways up to $37,589 valuation; estimated costs of sidewalks and driveways are $12,230; but property owner requests deferral because building permit was for replacement of burned buildings and insurance money does not cover sidewalk installation; asphalt walkways exist on most of Plaza Blvd. frontage; because of poor'layout and design of original driveways, they should be replaced with private street entrances at property locations) was presented. Moved by Dalla, seconded by Van Deventer, in favor of the City Engineer's recommendation. City Engineer Hoffland 8/14/79 233 stated there has been traffic congestion from the driveways for some time; it has been before the Traffic Safety Committee several times, they should be relocated; the sidewalks themselves don't conform to the Ordinance; curb returns would also be required. City Engineer Hoffland stated the property owner's basis for asking for a deferral is that he has received a certain amount of insurance money to replace buildings that were burned out and he doesn't feel that he'll be able to get the sidewalk money out of the insurance money; the Ord. doesn't get into the economics of how it is going to be financed, it says it will be done unless the deferral is approved by Council. City Attorney McLean stated if there had been a partial burn -down rather than complete the property owner might have been in the position of claiming he is restoring a nonconforming right; but the Ordinance doesn't say that, if there is a total burn -out then the nonconforming right is gone; as far as the City's Ord. is concerned, he's a new owner with a new project, new building and he must comply with current law; this requirement by the Engineer is clearly within the law. City Engineer Hoffland stated the owner is not being required to replace all the sidewalks and drive- ways that are not in concrete; only the parcels that apply where the buildings were burnt out. Carried by unanimous vote. The City Engineer's recommendation to deny DEFERRAL OF ALLEY IMPROVEMENT adjacent to 1521 Roosevelt Avenue, Hankins (the property owner has an obligation to install street and alley improvements not to exceed $9,950; alley improvements are estimated to cost less than $2,000; the owner has agreed to sign a Covenant not to protest a 1911 Act as a condition of deferral; the official grade for this alley is within inches of the existing ground line and construction is not expected to cause grade problems on adjacent properties; this portion of alley is low and storm water runs to the location; paving with concrete will provide permanent paving in a location aggravated, by storm runoff) was presented. Moved by Dalla, seconded by Van Deventer, in favor of the City Engineer's recommendation. BILL HANKINS, 1633 Hoover Avenue, the applicant, was present and displayed a diagram of the proposed improvement area on the board and stated there is new building going on in the area; he would like to receive a deferral until he can pick up adjacent property owners' permission to initiate a 1911 Act for the area; in that way the whole alley can be done at oze time instead of waiting for each owner to do his little patch; they could eliminate the telephone retaining wall when they begin the 1911 Act; it would clean the entire area up. Discussion. Carried by unanimous vote. The City Engineer's and Parks and Recreation Superintendent's recommend- ation to REJECT BID FOR RESURFACING TENNIS AND BASKETBALL COURTS at El Toyon Park (one bid was received on 7/25/79 from Bruce Douthit, General Contractor's License, in the amount of $8,950.00; the bid is 19% above the Superintendent's estimate; $8,000 is listed for the project) was presented. Discussion. City Engineer Hoffland stated there is a good indication the City will receive at least two bids in the future. Moved by Morgan, seconded by Van Deventer, we go along with the Engineer's recommendation that we go back to bid. Discussion. Motion carried, by the following vote, to -wit: Ayes; Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Item 18, application for person transfer of ON -SALE GENERAL PUBLIC PREMISES ALCOHOLIC BEVERAGE LICENSE, Type 48, for Yung A. Heller, dba GOLDEN BARREL, 710 National City Boulevard, also permits the sale of beer and wine only for consumption off the premises where sold; and, Item 19, application for transfer of ON -SALE GENERAL EATING PLACE, TYPE 47, ALCOHOLIC BEVERAGE LICENSE, DENNY'S INC., SW corner of 805 and Sweetwater Road, also permits the sale of beer and wine only for consumption off the premises where sold, was presented. Moved by Van Deventer, seconded by Camacho, move in favor. Discussion re parking facilities at Denny's. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. 8/14/79 234 OTHER BUSINFS,S CITY TREASURER/FINANCE DIRECTOR Monthly CASH STATEMENT for the month ending June 30, 1979 was presented. Ordered filed by unanimous vote. CITY MANAGER - (See paragraph 9, page 231). CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR MAYOR MORGAN requested the matter of restrooms in Laundromats be referred to staff for a report. Moved by Morgan, seconded by Van Deventer, so moved. It was requested the report include other businesses. Carried by unanimous vote. CITY COUNCIL COUNCILMAN VAN DEVENTER stated the National City Rotary Club wishes to give the barn they donated to the city which is not being used and is at the Public Works' Yard to the Girls' Club and wishes the City to move it and set it up. Moved by Morgan, seconded by Dalla, we authorize the Manager to do this. Carried by unanimous vote. COUNCILMAN WATERS thanked Boys Scouts Troop 32 for the work they did at Granger Hall over the weekend with the landscaping. PUBLIC HEARING The continued HEARING on APPEAL OF APPLICATION FOR ZONE VARIANCE to allow an off -premise multiple copy pole sign, the copy area of which exceeds 40 percent of the background at 1010-1018 National City Blvd., applicant, Allan G. Cooper, Lumi-Nite Sign Company, Z-2-79 (the application involves installation of an off -premises 14'6" by 10' double - face, internally lighted free-standing pole sign, 35' in height with a painted metal pole cover in the configuration of a shotgun; the sign will be located at the southwest corner of Plaza Blvd. and National City Blvd., within the parking lot leased by Weisser Sporting Goods; the Planning Commission approved an off -premise sign subject to its conformace with the sign Ord. and its removal upon termination of the lease; they denied the zone variance for the sign as submitted, with the pole cover in the configuration of a shotgun, for the reason that special circumstances do not exist that justify the granting of zone variance in accordance with Sec. 45906 of the Government Code, the applicant appealed the denial; staff concurs with the Planning Commission decisions on this application; i.e., approval of the "off -premise" sign and denial of the "shotgun" design configuration) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. DAVID SCHMUTZ, attorney for Lumi-Nite Sign Company, was present and stated Weisser's have been in business in the City for many years serving sportsmen and hunters; the company feels the shotgun pole as proposed would help their business substantially, National City has always been considerate of the business community and encourages the business climate; the reason they are appealing is the result of the Planning Commission denial of their application for a variance; the sign Ordinance differentiates between a multiple copy sign and principle identification sign; the difference being that the principle identification sign is a sign that identified strictly the name of the business and the service; the reason the differentiation is made is that multiple copy signs have the 40% copy area to background; the Planning Commission has interpreted the Ordinance to include in the copy pictoral representations; such as the shotgun; the concerns previously expressed is that there are a number of other signs in the community that appear as though they do not comply with the sign Ord. Mr. Schmutz distributed to Council pictures of 8/14/79 235 of other signs (Arbie's Roast Beef, South Bay Town & Country, Mile of Cars at Granger Music Hall) within the City that do not comply with the sign Ord.; the Planning Commission has also interpreted the Ordinance as exempting from the 40% requirement all logos consisting of registered trademarks that are integrally designed to be part of the business name; it would appear to the applicants if they are differentiating in that fashion -- the City is giving preference to national franchise -type operations as opposed to locally owned and operated businesses; the crux of the issue is that the applicant has been a member of the business community for quite sometime and they feel that considering the other signs in the community, the one proposed is in good taste and the purpose of a modern sign Ord. is to establish some degree of uniformity and objectivity in its application and it appears to them they are being denied the right to do business in the community and to advertise in the community that other businesses are enjoying. Planning Director Gerschler stated the sign itself did comply with the 40% requirement; if they left the shotgun off and still used the sign it would comply with the Ord. Moved by Waters, seconded by Morgan, the public hearing be closed and that the sign that has been submitted by Allan G. Cooper, Lumi-Nite for Weisser's Sporting Goods be approved. Discussion. Mr. Schmutz said the Ordinance states that one business will not be denied the same rights and privileges afforded other businesses in the community and it is their feeling that there are other businesses in the community that do enjoy a benefit that they are not being granted. Discussion. City Attorney McLean stated staff will tell Council that there are no facts of which they are aware for the basis of a hardship in this case.., granting or denying of a special favor; Council would be hard pressed to grant a variance; the only way out is to accept the pole as not part of the signs City Attorney McLean stated the Planning Director has pointed out circumstances on which the sign as proposed clearly conflicts with the Council's community environmental goals; to approve the pole as a separate from the sign would be approving signs such as the one at the Paris Pussy Cat Theater. Discussion. Motion failed, by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Camacho, Dalla, Van Deventer. Councilman Waters asked that the record show he made his decision on his own without contacting Weissers. Moved by Dalla, seconded by Van Deventer, the public hearing be closed on Item 1 and that the recommendation of the Planning Commission with all stipulations be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters, Morgan. The HEARING on the PROPOSED NOISE CONTROL ORDINANCE (the proposed Ord. was the subject of a Council Conference meeting on 7/24/79 where noise level demonstrations were given by staff) was held at this time. City Clerk Campbell reported the Certificate of Publication was on file. Planning Director Gerschler stated staff recommends adoption and implementation of this Ordinance; they have received word that the City's application for federal grant in the amount of $12,000 has been approved; this will be the first year star -up cost. BERNARD TRAGER, 516 E. 24th Street, was present and spoke in favor of the proposed Ordinance. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and the Noise Control Ordinance and staff recommendation for adoption and recommendation be approved. Carried by unanimous vote. Ordinance No. 8/14/79-1, "An Ordinance of the City of National City Adding Title 12 to the Municipal Code Regarding the Control of Noise." Vice Mayor Dalla stated the passage of this Ordinance brings up the necessity of hiring an Enforcement Officer to handle the various Ord- inances of the City; it is time to give consideration to the benefits derived from having a person whose sole job it is to go around and enforce the various Ordinances and regulations of the City. Councilman Van Deventer asked for a study of the surrounding cities that do have an Ordinance inspector and see how it works out. JOSEPH GALLEGOS, 1243 E. 2nd Street, was present and spoke regarding Item 14, denial of deferral of sidewalk adjacent to his property. Mr. Gallegos stated the Engineer has been to his place regarding the problems he has had since the street went in; because of the poor landscaping, dirt has fallen down; the Engineer suggested putting block in; whether a sidewalk was there or not the dirt would come down. Mayor Morgan suggested the 8/14/79 236 City Engineer look into the problem and report to Council. Mx. Gallegos stated he is on disability retirement and would like an extension on putting in the sidewalk. Vice Mayor Dalla stated if he waits a year he wouldn't be saving money. Mr. Gallegos stated he doesn't have the money to put the sidewalk in at this time. Mayor Morgan stated he will have to talk to the City Engineer regarding the problem. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:56 p.m. CITY CL. CITY'OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of August 21, 1979. 0 Corrections VNo corrections MA OR CITY OF NATIONAL CITY, CALIFORNIA 8/14/79