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HomeMy WebLinkAbout1979 12-04 CC MIN52 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 4, 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: Ballard, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Frank Jordan, Highland Avenue Baptist Church. APPROVAL OF MINUTES Approval of the minutes of the regular meeting of November 27, 1979 was laid over to December 11, 1979. PRESENTATIONS AND PROCLAMATIONS Mayor Morgan presented a five-year pin to City Manager McCabe and a ten- year pin to Assistant City Manager Ballard and thanked both for the ex- cellent work they are doing. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,178, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE ALLEY LOCATED BETWEEN 19TH AND 2OTH STREETS FROM HARDING TO COOLIDGE (SC-7-79)." Moved by Van Deventer, seconded by Dalla, Resolu- tion No. 13,178 be adopted. Carried by unanimous vote. Resolution No. 13,179, "RESOLUTION ESTABLISHING UNDERGROUND UTILITY DIS- TRICT NO. 10 ('D' Avenue between 12th and 16th Streets)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,179 be adopted. Carried by unanimous vote. Resolution No. 13,180, "RESOLUTION ESTABLISHING UNDERGROUND UTILITY DIS- TRICT NO. 11 (14th Street between 'B' and 'D' Avenues)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,180 be adopted. Carried by unanimous vote. Resolution No. 13,181, "RESOLUTION ESTABLISHING UNDERGOUND UTILITY DIS- TRICT NO. 12 (12th Street between 'A' and 'D' Avenues)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,181 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. Resolution No. 13,182, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant of Easement from Sweetwater Town & Country to the City of National City)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,182 be adopted. Carried by unanimous vote. Resolution No. 13,183, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS ($3200 from Unapp. Reserves Fund 1 to Noise Control Fund 32)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13t183 be adopted. Carried by unanimous vote. 12/4/79 53 Resolution No. 13,184. See page 56 paragraph 2 . Resolution No. 13,185. See page 57 , paragraph. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER No. 21, dated December 4, 1979, in the amount of $64,570.01 (Warrants Nos. 66786 through 66843) was presented. Moved by Waters, sec- onded by Van Deventer, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. Application for NEW OFF -SALE BEER AND WINE LICENSE of Saad J. Karmo, dba RANCH HOUSE, 1602 East Fourth St., was presented. EDWARD E. WOJCIK, 1420 East Fourth Street, was present and called Council's attention to the protest petition signed by ten people in the neighborhood of the pro- posed license and asked that Council protest the license. Mr. Wojcik said this would be the third license in the immediate area (Ranch House Liquor and Alotta's are now licensed). Mr. Wojcik said the area was primarily residential. Moved by Camacho, seconded by Waters, the license be protested. City Attorney advised Mr. Wojcik the Dept. of Alcoholic Beverage Control would be more likely to respond to the protest of the people in the neighborhood than to Council and that he and others who signed the petition should file the petition with ABC and be prepared to attend the ABC hearing. Mr. Wojcik said they were concerned with the concentration of people who might oommit crimes, that it does not fit in with the residential character of the neighborhood. Discussion. Motion carried by unanimous vote. The Personnel Department/Fire Chief's recommendation to approve the estab- lishment of POSITION and SALARY RANGE for the classification of FIRE INSPECTOR (...the Civil Service Commission approved a class specification for position of Fire Imspector; the Fire Chief feels the position will contribute to improved fire prevention services for the community; Sec. 15.28.020, NCMC, provides for establishment of a bureau of fire preven- tion and allows the Fire Chief to "detail such members of the department as inspectors;" ...study and survey was made of other County municipal fire departments and it is recommended that fire salary range 130 is appropriate for the Fire Inspection position; this is not an addition to the Fire Department work force, merely a reorganization of existing per- sonnel) was presented. Fire Chief Bridges was present and answered Council's questions. Moved by Camacho, seconded by Van Deventer, the recommendation be approved. Discussion. Carried by unanimous vote. Councilman Van Deventer requested a report from the City Manager on that particular position. PUBLIC HEARINGS The HEARING on two proposed AMENDMENTS to the GENERAL PLAN, GP-3-79 (Planning Commission recommended approval of the change from "Residen- tial 1-5" to "Residential 6-10" the properties on the south side of Sweetwater Road, 3140 through 3310, inc., but excluding the property at 3160 Sweetwater Road and that the request to amend the text of the General Plan regarding noise abatement and animal regulations be filed) was held at this time. The City Clerk reported the Certificate of Publication was on file. Plan. Dir. Gerschler reported staff concurred with Planning Commission. Bernard Trager, 516 East 24th Street, was present and said he had recommended noise abatement and animal regula- tions be made part of the General Plan; he was disappointed in Planning Commission's recommendation but would abide with their decision. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and the recommendations of the Planning Commission be approved and adhered to. Carried by unanimous vote. 12/4/79 54 The HEARING on proposed ZONE CHANGE, ZC-15-79, to rezone from RM-1-D-30 (Residential Multiple Density 30) to RM-1-D-15 (Residential Multiple Density 15) the properties on the north side of 17th Street, 1821 through 1941, inc., and the south side of 17th Street, 1902 through 1938, inc. (this is a follow-up to GP-2-79 which changed the density on these pro- perties to Residential 11-15 Dwelling Units/Acre; area contains 13 parcels, 9 with single-family dwellings, 3 with multiple dwellings and one with two dwelling units; zoning, of adjoining lands is RS-2 [Resi- dential single Family] to the north and RM-1-D-30 [Residential Multiple Density 30] to the south and west; 1-805 is to the east; this zoning would allow a maximum of 3 dwelling units at 1827 through 1935 17th Street and a maximum of 2 dwelling units on the other properties subject to this rezoning. Planning Commission approved the subject rezoning.) was held at this time. The Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Plan. Dir. Gerschler reported staff concurred with Planning Commission. Mr. GLOCSINA (sp?), 802 East 24th Street, owner of 1938 East 17th Street, was present and said his lot was about i acre, it had a potential density of 30/acre; he talked to the neighbors and they don't care; he would like a density of 20/acre. No one else was present in this regard. Moved by Van Deventer, seconded by Waters, the hearing be closed and the proposed zone change to density 15 be approved as recommended by the Planning Commission. Carried by unanimous vote. The HEARING on the applicant's APPEAL of Planning Commission's DENIAL of CONDITIONAL USE PERMIT, CUP 1979-10, proposed use of property at 906-914 East 8th Street, for an office of the State of California, Department of Employment and Development, Public Service Agency (...office building of 17,400 sq, ft, on the south side of 8th Street about 150' east of Highland Ave. to be leased to the State of Calif., Dept. of Employment and Development; there would be approximately 60 permanent employees with 25-30 intermittent employees working less than full time and not necessarily every day; office hours would be 7:00 a.m. to 5:00 p.m. Monday through Friday; average daily traffic count of clients estimated to be approz. 319 per day or 32 per hour; heaviest client load between 9:00 a.m. and 3:00 p.m. with the maximum possible estimated at 100 in one hour, this would be an unusual circumstance occuring maybe once every 6 months; Monday through Wednesday would constitute the heaviest traffic days; this information based on studies over a 6 month period, 12/78 through 5/79 at the San Diego Service Center; the Planning Commission denied the application by adoption of Resolution No. 79-81 as testimony and evidence presented at the public hearing failed to support a finding that the proposed use would not have an adverse effect on adjacent pro- perties. The State of California probably has the power to pre-empt the City's zoning laws, allowing them to locate their office without approval of zoning permits and without compliance to conditions of approval as suggested in staff report to Planning Commission dated 11/12/79; staff's recommendation is that the conditions contained in the staff report of 11/12/79 are necessary to render this project in compliance with City standards ...; if such conditions are not attached to an approved con- ditional use permit, the opportunity to attach them is lost; the State has not indicated their intentions re pre-emption) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Plan. Dir. Gerschler reported the Planning Commis- sion denied the application; they forwarded conditions that would be appropriate if Council were to approve. STEPHEN D. LUCAS, Harrington, Ruff and Osborne, 600 "B" Street, San Diego, representing the applicant, Joseph Bendah, was present and displayed drawings of the project and out- lined the project, the landscaping, the security fences that would be locked during non -business hours, and said it would enhance the neighbor- hood. Mr. Lucas said Mr. Bendah was willing to follow any stipulations Council would want to attach to this project; he had already satisfied almost every question of the Planning Commission. Mr. Lucas gave a petition favoring the project signed by 27 people in the area to the City Clerk. MRS. IRENE FIGUEROA, 934 East 9th Street was present and spoke 12/4/79 55 in favor of the project. MRS. WILMA TOFT, 833 Edgerton Way, was present and spoke in favor of the project. MRS. ROXANNE RAPOZr0, 911 East 7th Street, was present and opposed the project because of the increased traffic, the danger to school children who would be walking by at the busiest hours for the Center. DANNY TEGARDEEN (Sp?), 824 Edgerton Way, was present and spoke in opposition because the clients would loiter, increased traffic, etc. ROBERT INGLE, 820 Edgerton Way, was present and spoke in favor of the project because it is needed in the City; residents seeking employment should not have to drive 10-12 miles; unemployment checks are not picked up at the Center, it is for employment; the 300 people a day would not be coming at the same time. JIM CAUHAPE, District Administrator, Employment Development Department, was present and made reference to his letter of December 3, 1979, to the City Council in which he addressed the matter of security and offered to form a National City EDD Community Advisory Committee to be made up of Jerry Fluck, office manager to represent EDD, Joseph Bendah, representing the building owner, two private businessmen, representing the employer community, two members of the community at large and two individuals to be appointed by the Mayor and/or Council. Mr. Cauhape displayed maps showing the area now served by the facility on National Avenue, San Diego, and the area to be served by the proposed facility. JERRY FLUCK, Manager EDD Service Center at 4235 National Avenue, S. D., was present and said the proposed area to be served would be from National Avenue to K Street and Telegraph Canyon Road in Chula Vista, it would include Bonita. Discussion regarding park- ing spaces planned for the new facility, increased traffic, deletion of Rte. 252 which increased traffic through National City, the need for the employment office. SUSAN GRILES (Sp?), 717 K Avenue, was present and protested because of her small children who would be walking to school through the increased traffic. BILL MAY, 1855 Diamond Street, San Diego, commercial real estate specialist, was present and said the use conforms to the General Plan and the property is surrounded by commercial proper- ties; the majority of people in the neighborhood are in favor of it; a fast food restaurant or shopping center would generate more traffic; more parking was being provided than was required. MRS. STELLA RUMMAGE, 1004 East 8th Street, was present and protested the project on the basis of increased traffic and lack of on -street parking. STEPHEN LUCAS re- turned to the podium and said no doubt there is a lot a traffic in the area; this would be controlled traffic at particular times of day; a shopping center would create considerable more traffic; this would be more acceptable; the City Engineer reviewed the application. City Engineer Hoffland said the Traffic Safety Committee reviewed the project on 10/10/79 and concluded the project, if approved, would require paint- ing of red curbs and a left turn signal at 8th and Highland to handle ingress and egress; they had them re -design to improve the ability of traffic to get into the site; a traffic study was made and referred to TSC; with the conditions, TSC found no serious traffic problems. Dis- cussion regarding how the site was chosen. Jerry Fluck outlined the process followed in locating the site. Discussion re the EDD move from their F Street, Chula Vista, location to Industrial Boulevard; traffic; whether or not the State would install the expensive traffic signal at 8th and Highland; Rte. 252, etc. Moved by Camacho, seconded by Van Deventer, the appeal be denied. JOSEPH BENDAH, applicant, was present and said the site would be developed either as a shopping center or EDD and there would be traffic either way; this is commercial property; they were giving Council the means to control the building; it would be best for everyone. Motion carried by unanimous vote. HEARIAG on proposed SIX-MONTH EXTENSION OF HOUSING ELEMENT GUIDELINES (...request the State Office Planning and Research to grant a six month extension to the deadline for completing work on the revised housing element; request is consistent with the schedule already approved by the State Office of Housing and Community Development as part of our Grant Agreement; this is a repeat of 11/13/79 agenda item which was not proper- ly noticed. Staff recommends City Council adopt resolution making the request as outlined.) was held at this time. The City Clerk reported the Certificate of Publication was on file. No one was present in this 12/4/79 56 regard. Moved by Camacho, seconded by Waters, the hearing be closed and the request for six month extension of Housing Element Guidelines be approved. Carried by unanimous vote. Moved by Camacho, seconded by Van Deventer, the resolution be read by title only. Carried by unanimous vote. Resolution No. 13,184, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPLYING FOR A SIX (6) MONTH EXTENSION TO THE OPERATIVE DATE OF THE HOUSING ELEMENT GUIDELINES UNTIL JULY 1, 1980 (Re- scinding Resolution No. 13,168)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,184 be adopted. Carried by unanimous vote. PLANNING COMMISSION - Notices of Decision Planning Commission Resolution No. 79-82, a Resolution of the Planning Commission of the City of National City, California, approving an appli- cation for Conditional Use Permit to allow a PHYSICAL CONDITIONING STUDIO on property located at 2403 Plaza Boulevard (Applicant - Kurt Brendstrup, Case File No. CUP-1979-16) was presented. Ordered filed, by the follow- ing vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None, Abstaining: Dalla, Planning Commission Resolution No. 79-83, a resolution of the Planning Commission of the City of National City, California, approving an appli- cation for PLANNED DEVELOPMENT PERMIT to allow development of an OFFICE COMPLEX on property located at 1640 through 1720 East 12th Street (Applicant - Plaza Four, Ltd., Case File No. PD-14-79.) Ordered filed, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. Planning Commission Resolution No. 79-84, a resolution of the Planning Commission of the City of National City, California, approving an appli- cation for ZONE VARIANCE to allow THREE DIRECTIONAL SIGNS to exceed 16 square feet in area on property located at 2400 East 4th Street, PARADISE VALLEY HOSPITAL (Applicant - Ed Ewing, Case File No. Z-21-79). Ordered filed, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. Planning Commission Resolution No. 79-85, a resolution of the Planning Commission of the City of National City, California, approving an appli- cation for PLANNED UNIT DEVELOPMENT PERMIT to allow the establishment of a PLANNED UNIT DEVELOPMENT for existing RESIDENTIAL HOUSING on property located at 2530 through 2803 and 515 Hill Drive, a private street (Appli- cant - Paradise Valley Hospital, Case File No. PUD-5-79). Ordered filed, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. Planning Commission Resolution No. 79-86, Item 19, a resolution of the Planning Commission of the City of National City, California, approving an application for PLANNED UNIT DEVELOPMENT PERMIT to allow development of the "BONITA AFFAIR", a 34-unit CONDOMINIUM project on property locat- ed between 3110 and 3140 Sweetwater Road (Applicant - Nicholas Debbas, Case File No. PUD-4-79). Moved by Camacho, seconded by Waters, Council appeal Item 19. Carried by unanimous vote. Planning Commission Resolution No. 79-87, a resolution of the Planning Commission of the City of National City, California, approving an appli- cation for CONDITIONAL USE PERMIT to allow a MOVE -ON SINGLE FAMILY DWELL- ING on vacant property zoned Central Business District, Planned Develop- ment, on property located within the 1800 block of East 12th Street, South Side (Applicant - Jerry Harris, Case File No. CUP-1979-15). Dis- cussion. Ordered filed, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla, Planning Commission Resolution No. 79-88, a resolution of the Planning 12/4/79 57 Commission of the City of National City, California, approving an appli- cation for ZONE VARIANCE and CONDITIONAL USE PERMIT to allow an INCREASE in the SEATING CAPACITY from 144 to 202 for LAMBS PLAYERS THEATER at 500 Plaza Boulevard (Applicant - Lambs Players, Case File Z-22-79 and CUP-1979-13). Discussion re parking. Ordered filed by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalia. TRAFFIC SAFETY COMMITTEE Recommendation of the TRAFFIC SAFETY COMMITTEE from their regular meet- ing of November 14, 1979 (1. Add one handicapped parking space adjacent to existing space at SE corner of Community Bldg., 2, eliminate parking prohibition adjacent to SW corner of Civic Center Drive and N. C. Blvd., and restrict parking to 30 min. maximum; also change commercial loading zone on Civic Center Dr. to 30 min. parking; 3. install following traffic controls at the corner of Shell Ave. and 7th St.: a. paint center line and install raised reflectors around corner; b. install "Slow Curve" sign; c. install guard posts with reflectors facing Southbound traffic on Shell Ave., 4. determination was made that either existing diagonal park- ing on one side of 15th St. and parallel parking on the other side of 15th east of National City Blvd. or parallel parking on both sides of 15th St. east of National City Blvd. are within safe lane width require- ments, the matter does not require TSC action) was presented. Moved by Van Deventer, seconded by Camacho, the recommendations be approved. Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Recommendations of the STREET TREE AND PARKWAY COMMITTEE from their reg- ular November meeting (1. Mrs. Daniel M. Gonzales, 400 E. 4th St., re- move 5 palo verde diseased trees, replacement with approved street trees required; 2. L. J. Landers, 1121 E. 24th St., remove one carob and one Brazilian pepper due to raising of sidewalk, replacement with approved street trees required; 3. San Diego Gas & Electric, 822 E. 4th St., re- move one palm tree due to the tree growing into the overhead wires, re- placement required; 4. Mr. Ted Santos, 121 E. 2nd St., remove one mag- nolia tree, replacement required; and 5. Referral from Mayor Morgan at 2006 "N" Ave., remove two silk oaks due to cracked sidewalk and damage to the curb, replacement required.) was presented. Moved by Camacho, seconded by Dalia, the recommendations be approved. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY City Attorney McLean referred to a report he had distributed to Council and said he had prepared a resolution. Moved by Camacho, seconded by Van Deventer, the resolution be presented by title only. Carried by unanimous vote. Resolution No. 13,185, "A RESOLUTION DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF (Scrap Disposal, Inc.)." Moved by Dalia, seconded by Van Deventer, this Resolution (No. 13,185) be adopted. Carried by unanimous vote. OTHER STAFF - No report. MAYOR Moved by Morgan, seconded by Van Deventer, the City Manager be authorized to notify the State to put this unemployment on property they already own, 252 right-of-way, and this would be an ideal spot. Carried by unanimous vote, 12/4/79 58 CITY COUNCIL - No report. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:27 p.m. CITY CLER CITY iF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of December 11, 1979.. Corrections o Corrections OR CITY OF NATIONAL CITY, CALIFORNIA 12/4/79