HomeMy WebLinkAbout1979 08-21 CC MIN237
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 21, 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: Gerschler, Hoffland,
Kulikowski, 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 14, 1979 and corrections to minutes of 6 79, 7Z10179'
and 7/24/79, be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
MAYOR MORGAN presented a 20-year service pin to MARY EDNA BACHAND,
Recreation Department employee, and expressed City's appreciation for a
fine job. Mrs. Bachand thanked Council and also thanked the El Toyon
Judo Class and Bill Dye, Instructor, for attending this evening.
PUBLIC ORAL COMMUNICATIONS
JIM BEAR, attorney, representing the E-Z 8 MOTEL, was present and stated
they would like to begin operations this week before the final resolution
of the landscapting on the south wall; they have been working on the
problem with staff; a check in the amount of $2,000 as a bond will be
given the City for completion of the project; they have installed water
systems to try to get the ivy growing; if they cannot resolve the problem
they will come back before Council; the request this evening is for
Council to give staff guidance in granting the Temporary Occupancy Permit
to allow the motel to begin operations; this would not waive any of the
requirements. Planning Director Gerschler stated he advised the E-Z 8
Motel people that a bond in the amount of $2,000 would more than cover
the cost of the actual work; this is the only item holding up the project.
City Attorney McLean stated if Council is satisfied and is willing to take
whatever risk there is in letting the operators open with a contingent
possibility that if they can't meet this requirement Council will revoke
the permit, they can proceed. Moved by Morgan, seconded by Camacho,
we authorize them to open with all stipulations of staff, not waiving
any of them and accepting the $2,000 bond for the completion of_t_he
landscapting and not waiving any stipulations that they perform for a
period of 60-days. Carried, by the following vote, to -wit: Ayes:
Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. City Attorney
McLean stated that during the 60-days they will have to resolve their
landscaping problem, either a modification of the present conditions
which apparently they can't fulfill or devise some method that could ful-
fill the existing condition which is a 30" wide planting strip and which
they are now proposing a 6" wide strip supporting ivy.
ROY SMITH, 910 "N" Avenue, was present and expressed to Council on behalf
of the Senior Citizens of the City their appreciation and thanks for
the new bus.
LOUIS STRAHAN, 1135 E. 30th Street, was present and discussed the problems
he is encountering across the street where a new development is going in;
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and inquired about the sign announcing "Free Fill Dirt Wanted"; Mayor
Morgan directed the City Engineer to contact the contractor and straighten
this out. City Engineer Hoffland stated "No Dumping Signs" were to have
been posted in the area; he will meet with the property owner regarding
the matter; he had been notified earlier; however, he will follow through.
MARTHA SMITH, 910 "N" Avenue, was present and read a letter to Council
(Document No. 60759) regarding part of the 1911 Act now being carried
out on 9th Street and "N" Avenue; there is a discrepancy in property
lines. Mrs. Smith said since writing the letter she has heard from the
gentleman making the survey of their property and they are going to do
more research on the matter and discuss it further with Council at that
time. ANNA SIBAJA, 844 "N" Avenue, was present and also read a letter
to Council on behalf of her parents, Juan and Irma Sibaja (Document No.
60760), which stated that the 1911 Act proposed for the area will cut
their property by 75 feet; they consider this unfair. Mayor Morgan
directed the City Engineer to meet with the people in the area to help
straighten out the matter, including going over the stakes. City Engineer
Hoffland stated the City's surveyors have checked the lines and found
the old monuments that were set, quarter section corners; beginning with
the second parcel to the east of the quarter section, nearly all the
properties are 4' farther west than the owners believe they are; they
really haven't lost any property but the house is 4' father east on the
property then they believe it is. City Engineer Hoffland stated he will
show them where the old monument portions have been; he doesn't think
this will convince the people in the area. MRS. HAYWARD, 820 "N" Avenue,
was present regarding same problem. Mayor Morgan stated the City
Engineer will be in touch.
PUBLIC HEARINGS
The continued HEARING on application for PLANNED DEVELOPMENT PERMIT 123
to modify and/or delete conditions imposed upon the granting of the
Planned Development Permit, Planning Commission Resolution No. 3-79, at
2230 through 2244 Euclid Avenue, PD-11-79 (continued from meeting of
August 7, 1979) was held at this time. Asst. Plan. Director Gunnarson
Stated Planned Development Permit 123 was approved on 1/17/79 subject to
14 conditions; as of tonight 9 of those 14 conditions have been
satisfied. Mr. Gunnarson said of the 5 remaining to be satisfied, one
involves landscaping and staff has met with the landscape contractor
retained by the applicant to satisfy the requirement; that leaves 4
requirements unresolved on the property; the applicant has applied for
an amendment to the PD permit to get relief on 3 of those 4 conditions,
which is the subject of the hearing tonight; the fourth condition that is
unresolved is one that involves a retaining wall along the south property
line and that is one that will not be resolved by Council tonight, it
will require referring the matter back to the Planning Commission for
new hearings to be held regarding the retaining wall. Mr. Gunnarson
stated the Planning Commission recommended denial of the request for
modification of the 3 conditions; if Council upholds the action of the
Planning Commission his requirement will be to satisfy all 14 conditions
of approval. LLOYD O. NEELY, 1044 Broadway, Chula Vista, was present
and stated they wished to resolve these matters and would appreciate any
help they can get from Council. Asst. Plan. Dir. Gunnarson stated
relative to the decorative block, they are asking deletion of something
that is not available to the public view; the benefits of the decorative
block accrue to the tenants of the individual units; it is up to Council
whether or not it is important to require that for the tenant's benefit
or if not, grant relief. Councilman Camacho stated there is question as
to whether or not there is or is not a retaining wall in the rear of the
property; Mr. Neeley states he has one and the City says he doesn't, who
is right? Mr. Gunnarson stated a Planning Commission condition of approva
approval at their hearing was installation of a retaining wall, height
to new grade level, along the southerly property line; staff took that
to the Planning Commission when they held a hearing on the matter it was
brought to their attention that the developer had installed a wall and
claims this is a retaining wall that will satisfy the condition of
approval; the Planning Commission stated that it was not the wall they
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239
had asked for which was to the new grade level from the adjoining
property which is lower than this one. Mr. Neely returned to the podium
and discussed the retaining wall issue; he stated the wall as it exists
would not allow water to go through to the other side. No one else was
present in this regard. Moved by Morgan, seconded by Camacho, we approve
the Planning Commission recommendation and close the public hearing.
Mayor Morgan stated the intent of the motion is that the applicant will
have to comply with the 14 conditions. Discussion. Carried by unanimous
vote.
The HEARING on proposed AMENDMENT TO THE GENERAL PLAN, GP-2-79 (this is
the second of the General Plan amendment cases scheduled for 1979 and
consists of seven items) was held at this time. Acting City Clerk
Kulikowski stated the Affidavit of Mailing and Certificate of Publication
were on file. Asst. Plan. Dir. Gunnarson stated the Item "a" is to
"Approve change from "Park to "Touri.s t Commercial" the city property at
I-805 and Plaza Boulevard (Assessor's Parcels 557-420-1, 26, 33, and
557-440-56); the Planning Commission has recommended approval. Mayor
Morgan turned the meeting over to Vice Mayor Dalla during discussion of
this item as he has direct interest in the property in question and
stepped down to sit in the audience. Asst. Plan. Dir. Gunnarson stated
the General Plan adopted in 1974 identified several possibilities for
neighborhood parks within the City; this was one of those sites; the
City Council sitting as the Real Estate Committee took action to propose
the sale of the property for commercial purposes; the facts were
presented to the Planning Commission and they reviewed the General Plan
and the need for an neighborhood park and came to the conclusion that
this property could best be used for commercial purposes. Mr. Gunnarson
stated Council can deny any one of the items and conclude action on the
case; if they were to continue action on any one to a subsequent meeting
Council would have to continue action on all items. No one was present
in this regard. Moved by Van Deventer, seconded by Waters, item "a"
be approved. Carried,•by the following vote, to -wit: Ayes: Camacho,
Van Deventer, Waters. Nays: None. Abstain: Dalla. Absent: Morgan.
Mayor Morgan returned to chair the meeting. Mr. Gunnarson continued
Item "b" is to "Approve change from "Residential 6-10" to "Residential
10-15" the city blocks bounded by 24th, "F", 26th, and "B", and 225 East
26th Street; the Planning Commission recommended in favor of this change,
which is consistent with a previous rezoning. No one was present in
this regard. Moved by Camacho, seconded by Van Deventer, this hearing
be closed and the General Plan change on this residential property be
approved with all the Planning Commission's recommendations. Discussion.
Carried by unanimous vote. Mr. Gunnarson said Item "c" is to "Approve
change from "Residential 6-10" and "Residential 21.30" to "Residential
11-15" the properties on the north side of 17th (1821-1941) and south
side of 17th (1902-1938); the Planning Commission recommended approval;
several letters from property owners indicate they desire a higher
density of 21-31; the majority prefer the lower density. No one was
present in this regard. Moved by Van Deventer, seconded by Camacho,
this item c be approved and the public hearing be closed, Carried by
unanimous vote. Mr. Gunnarson reported Item "d" is to Approve addition
of "Rapid Transit Station with Parking" to property within the right-of-
way of I- EFreeway and north side of Civic Center Drive (13th Street), and
to delete "Park" from this location; the Planning Commission recommends
approval which will make the General Plan consistent with the plan for
the Metropolitan Transit Trolley Line that is proposed. No one was
present in this regard. Moved by Camacho, seconded by Van Deventer,
this hearing be closed and the rapid transit station and to delete the
park from this location hearing that we abide by all the Planning
Commission's recommendations. Carried, by the. following vote, to -wit:
Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Moved by
Van Deventer, seconded by Camacho, we close the public hearings on the
items that were on the Agenda tonight. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Waters, these Resolutions and Ordinances be
adopted byititle only. Carried by unanimous vote.
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240
Resolution No. 13,107, "RESOLUTION INCREASING TOWING FEES OF CITY'S
TOWING CONTRACT." Moved by Waters, seconded by Camacho, Resolution No.
13,107 be adopted. Carried by unanimous vote.
Resolution No. 13,108, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, INITIATING THE DETACHMENT OF THE 31ST STREET ISLAND
ANNEXATION TERRITORY FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT,
ZONE 3, UNDER THE PROVISIONS OF THE DISTRICT REORGANIZATION ACT OF 1965."
Moved by Van Deventer, seconded by Dalla, Resolution No. 13,108 be
adopted. Carried by unanimous vote.
Resolution No. 13,109, "RESOLUTION REQUESTING SWEB"WATER AUTHORITY TO
FURNISH PLANS AND SPECIFICATIONS FOR A SYSTEM OF DOMESTIC WATERS SUPPLY
IN ASSESSMENT DISTRICT NO. 190, 19TH STREET, GRANGER AVENUE TO RACHAEL
AVENUE." Moved by Dana, seconded by Van Deventer, Resolution No.
13,109 be adopted. Carried by unanimous vote.
Resolution No. 13,110, "RESOLUTION DIRECTING CITY CLERK TO RECORD A
NOTICE OF SATISFACTION OF ASSESSMENT AND RELEASE OF LIEN (415 Roosevelt
Avenue, National City, California)." Moved by Waters, seconded by Dalla,
Resolution No. 13,110 be adopted. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION (first reading)
(See page 239, paragraph no. 3).
Ordinance No. 8/21/79-1, "Adopting regulations for the limitation and
control of "Adult Entertainment Establishments" within Title 18 of the
Municipal Code; and amending certain provisions of the Municipal Code
complementary to these regulations."
ORDINANCES FOR ADOPTION (second reading)
(See page 239, paragraph no. 3).
Ordinance No. 8/14/79-1, "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING
TITLE 12 TO THE MUNICIPAL CODE RELATING TO THE CONTROL OF NOISE." Moved
by Van Deventer, seconded by Camacho, Ordinance No. $114/79-1 be adopted.
Carried by unanimous vote. (Ordinance to be summarized, advertised and
on a later Agenda for action).
Ordinance No. 1695 (8/14 ;9-3), "AN ORDINANCE PURSUANT TO LAND USE CODE
OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-11-79, to Rezone from CBD-RD
[Central Business District -Redevelopment] to RS-2-RD [Residential Single
Family -Redevelopment] the properties at 1018 through 1130 "D" Avenue
[inclusive])." Moved by Van Deventer, seconded by Waters, Ordinance
No. 1695 (8,1 4/79-2) be adopted. Carried, by the following vote, to -wit:
Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla.
Ordinance No. 1696 (8/14/�9-8), "AN ORDINANCE PURSUANT TO LAND USE CODE
OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-10-79, to add PUD [Planned
Unit Development] Zoning to the Property at the Northwest Corner of
Euclid Avenue adn 24th Street [Vacated]. [Easterly 300' of Assessor's
Parcels 561-420-10, 11, and northerly 30' of adjoining vacated 24th
Street])." Moved by Waters, seconded by Van Deventer, Ordinance No.
1696 (8/14//9-31 be adopted. Carried by unanimous vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of WARRANT
REGISTER NO. 7, dated August 21, 1979, in the amount of $49,813.84
(Warrants Nos. 65800 through 65848) was presented. Moved by Waters,
seconded by Dalla, these bills be paid and warrants drawn. Carried,
by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer,
Waters, Morgan. Nays: None.
A CLAIM FOR DAMAGES from JOSE RODRIGUEZ alleging tree on city -owned
property fell on truck was presented. Moved by Dalla, seconded by Waters,
this be denied and referred to the City Attorney. Carried by unanimous
vote. 8/21/79
241
The SOUTH BAY COMMUNITY FAIR ASSOCIATION'S request to hold a South Bay
Country Fair (the request is for authorization to hold a country fair
in the City 8/30-9/3/79; the fair will involve a carnival, commercial
booths, 4-H exhibits and entertainment; the site selected is the South
Bay Plaza, east portion of the shopping center; the acting association
president has asked for use of certain city equipment and a waiver of
city license fees; a temporary use permit application has been reviewed
by the Planning, Fire, Public Works, Police and Parks and Recreation
Departments) was presented. City Manager McCabe stated staff recommends
the request be granted subject to compliance with City Ordinance No,
1227 and all other applicable laws and regulations which would require the
various license fees be paid; they are not recommending that Police
Reserve officers be used due to committments in the department and
requirement of law that they are restricted from serving on properties
other than park or pools; the Park and Recreation Superintendent has
recommended that the use of the city -owned stage not be used based on
the fact that it is a valuable piece of equipment and security provisions
in an open area would not allow proper supervision. RALPH HUGHES, 1104
Manchester Street, acting president of the Country Fair, was present
and stated he agrees with the City's request not to use the portable
stage and will eliminate that from the request; they are not asking for
too much; they started out with a $9,000 deficit and it is down to around
$6,000, they are hoping the Fair will cut another $4,000 off the bill
and perhaps with holding two more carnivals the Fair will be operating
in the black again, at which time he will step out of it; these bills
need to be paid off. Mr. Hughes stated the C-Bers will be used instead
of the Police Reserves and they will furnish any security asked by the
City. Moved by Van Deventer, seconded by Waters, waive the Class A TUP
and pay the rest of them. Discussion. Carried by unanimous vote.
OTHER BUSINESS
PLANNING
TENTATIVE SUBDIVISION MAP, SHELL MANOR II, east of Shell Avenue, south of
Capella Street, S-48 (the map as proposed would require the granting of
a variance to allow one of the lots to have less than 50' of lot
frontage, suspension of certain subdivision ordinance requirements to
allow reduced rights -of -way width, and cul-de-sac radius for "A" Street,
in excess of 600' and suspension of certain Land Use Code requirements
to allow reduction of rear yard setback on 9 lots and slopes in excess
of 2:1; staff and the Planning Commission recommend denial of this
subdivision map and the companion zone variance case) was presented.
Acting City Clerk Kulikowski stated a letter had been received from
Clara Vista Corporation requesting the map and companion zone variance
case be set for public hearing. FRED PUHN, was present and stated he
is in favor of having a public hearing on the case; .a lot of people in
the area are opposed to this design. Moved by Van Deventer, seconded by
Camacho, set for public hearing September 18. Carried by unanimous vote,
(Item 16)
TENTATIVE SUBDIVISION MAP, CANYON PARK TOWNHOMES/ west side of Euclid
Avenue between 22nd and 24th Streets, Hart & Sons, S-1-79 (this map
proposed the division of three existing lots with a total combined area
of approximately 131,115 sq. ft. and the northerly one-half of vacated
E. 24th Street into four new lots; the map is consistent with the
General Plan, but a zone change to add a PUD combining zone overlay will
be required to allow the development of a proposed 17-unit condominium
subdivision; the proposed rezoning to add PUD overlay to the property
is currently in progress; staff recommends this tentative subdivision
map be scheduled for the Council Agenda of 9/4/79 to be considered
concurrently with the companion Planned Unit Development Permit PUD 3-79;
Planning Commission recommends approval subject to 24 conditions as
outlined on Document No. 60777 on file in the office of the City Clerk)
was presented. Moved by Waters, seconded by Van Deventer, in favor of
Item 16 and all stipulations approved. Carried by unanimous vote.
The Planning Department's recommendation on STREET VENDORS (as outlined
on Document No. 60779 on file in the office of the City Clerk) was
presented. Moved by Dalia, seconded by Van Deventer, we continue the
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242
present regulations with increased emphasis on enforcement and that we
also go along with the Police Chief's recommendation regarding the
Planning Department being deputized. Mayor Morgan stated the Police
and Inspector have done a good job in eliminating the problem from the
streets; he doesn't agree with that; people shouldn't have to go outside
of the City to buy inexpensive fruit. Vice Mayor Dalla stated the last
time this was on the Agenda he wanted to leave things as they were; it
was discussed and sent back for clarification and he is now convinced
they should be left as they are; now he's upset because Council is
not changing the law. Carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Waters. Nays: Morgan.
PLANNING COMMISSION - NOTICES OF DECISION
Item 18, Planning Commission Resolution No. 60-79, approving application
for zone variance to allow the subdivision of property to create 3
parcel (lots) on property at 1239 "O" Avenue, Z-8-79. Moved by Van
Deventer, seconded by Camacho, to appeal and set for public hearing.
Carried by unanimous vote.
Item 19, Planning Commission Resolution No. 61-79, approving application
for zone variance to allow development of a restaurant without providing
the required 25 off-street parking spaces on property located at 929
National City Boulevard, Z-9-79. Mayor Morgan stated the people involved
have owned their property for many years and haven't had the restrictions
that the City has over the years put on; it is not right when they
haven't had to have this and they've built next door to them; there is
no parking down in the area and they need relief. Councilman Camacho
stated he agreed, they've had a problem; they've
worked hard to comply with the law. Moved by Morgan, seconded by
Camacho, we file this. Planning Director Gerschler stated the legal
requirements for granting a zone variance is that Council must consider
each case on its own merits; you first find a particular hardship that
this property suffers that is unique and denies it the privileges
enjoyed by other properties due to its size, shape, location; the property
owners involved in this case conducted a traffic survey that he designed
given the hours, locations that cover four City blocks over a period of
about a week during all hours of the day and night; they submitted
evidence that shows that there is in fact a surplus of on -street parking
in the area; they were then willing to limit the hours of their operations
to those same surplus hours; they then showed because of the size and
shape of the property there was no way to put parking In; he is sure the
Planning Commission waived the requirements on the merits of this
particular case in this particular circumstances. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan.
Nays: Waters.
CITY TREASURER/FINANCE DIRECTOR
The City Treasurer/Finance Director's FINANCIAL STATEMENT for month
ending July 31, 1979 was presented. Ordered filed by unanimous vote.
CITY MANAGER - No report.
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR
MAYOR MORGAN stated Route 252 is very important to the City; he met
with City Councilman Leon Williams and an aide to the Governor and
discussed the route; it was suggested to them that if they eliminate Rte„
252 they should have an Environmental Impact Report prepared and see if
the ramps can be eliminated on the City property that feeds into Rte.
252; the City went along with this at the time and said .that we would
let them build the ramps that serve Rte. 252 and most of them come out
of the City. Moved by Morgan, seconded by Camacho, we bring suit against
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243
the City and State of California and instruct the City Attorney to prepare
this as fast as he can. Carried by unanimous vote.
CITY COUNCIL
VICE MAYOR DALLA requested the question of whether the cul-de-sac at the
end of 12th Street next to the freeway should be red curbed be referred
to the Traffic Safety Committee.
COUNCILMAN WATERS asked City Manager McCabeto notify Council of
dangerous occurrences in the City.
COUNCILMAN WATERS stated he had received a letter from Mayor Morgan
recommending the matter of the low -rider in the City be left to the
Chief of Police; he disagrees with that; they have had several years to
straighten the matter out; the problem shouldn't be taken lightly.
Vice Mayor Dalla asked if Mr. Waters had an instant solution to the
problem, Discussion. Moved by Camacho, seconded by Waters, we support
the Police and give the l00% to clear this problem up on Highland
Avenue or wherever in our community. Mayor Morgan stated he wasn't
in favor of involving the Council in running the Police Department;
they've done a good job and will continue to do so. Carried by unanimous
vote.
CITY ATTORNEY MCLEAN stated the Chief of Police has brought it to his
attention there is some confusion as to whether certain violations of
the City's Ordinances in fact are jailable offenses; Council will have
on the Agenda at the next meeting a clarification of that issue so that
there will be no question in the minds of the Patrol Officers that
certain offenses that axe particularly vulgar behavior is unacceptable
and those people will be arrested and jailed.
COUNCILMAN VAN DEVENTER stated he and the Chief of Police sat on the
San Diego Criminal Justice Board and heard a presentation regarding
neighborhood criminal justice centers; he believes this would be an
asset to the City; it requires approval of the Judges in the South Bay
district; the Chief of Police has met with the presiding Judge in the
area; there seems to be no support; this is an inexpensive program for
which funds are available; he would like the City Manager to meet with
the Chief of Police regarding the matter and have a presentation made to
Council. Moved by Morgan, seconded by Camacho, we refer this to the
Manager to come back with a report and his recommendation. Carried by
unanimous vote.
Moved by Camacho, seconded by Waters, the meeting be closed. Carried
by unanimous vote. The meeting closed at 9:30 p.m.
CITY CLER
CITY OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council at their regular
meeting of August 28, 1979.
Corrections
o corrections
YO
CITY OF NATIONAL CITY, CALIFORNIA
8/21/79