HomeMy WebLinkAbout1979 03-06 CC MIN113
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL C•`,
OF THE CITY OF NATIONAL CITY, CALIFORNIA
MARCH 6, 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. Milo Wood, First Baptist Church.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Waters, the minutes of the regular meeting
of February 20, 1979 be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
City Clerk Campbell read the proposed proclamation "NATIONAL NUTRITION
WEEK," March 4-10, 1979. Moved by Camacho, seconded by Van Deventer,
for adoption of this proclamation. Carried by unanimous vote. Mayor
Morgan presented the proclamation to Wendy Shigenaga, Interim Program
Coordinator, MAAC Project.
PUBLIC ORAL COMMUNICATIONS
ALFRED HLAWATSCH, attorney, was present to inform Council that Theo Lam
stands ready to tender an offer for the land at 24th and National City
Blvd., should it become available.
COUNCILMAN VAN DEVENTER stated for.the convenience of the people, Council
last week voted to move the bus stop from the south side of Plaza Blvd.
and National City Blvd.; it is placing a hardship on some businesses on
the north side of Plaza & National. Moved by Van Deventer, seconded
by Waters, the Assistant City Manager have a recommendation next week
on a new location. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
Moved by Dalla, seconded by Van Deventer, these Resolutions be presented
by title only. Carried by .unanimous vote.
Resolution No. 12,995, "RESOLUTION OF AWARD OF CONTRACT (Alley between
"A" Avenue to "B" Avenue, 20th Street to 21st Street, Assessment District
No. 196)." Moved by Van Deventer, seconded by Dalla, Resolution No.
12,995 be adopted. Carried by unanimous vote.
Resolution No. 12,996, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF
NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO IMPROVE
ALLEY, DISTRICT 196." Moved by Waters, seconded by Dalla, Resolution
No. 12,996 be adopted. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION (first reading) 114
Moved by Dalla, seconded by Van Deventer, the Ordinances be presented for
first reading by title only. Carried. by unanimous vote.
Ordinance No. 3/6/79-1, "Pursuant to Land Use Code (ZC-2-79, to rezone
from RM-1 to CBD the westerly 125' of the property at 2026 Highland
Avenue, Parcel No. 560-310-03)."
Ordinance No. 3/6/79-2, "Pursuant to Land Use Code (ZC-3-79, to rezone
from CL to RM-1-D-10 the propery at 1817 Lanoitan and the vacant parcel
immediately behind it that faces on La Siesta Way [Parcel No. 558-250-06
and-05, respectively])."
Ordinance No. 3/6/79-3, "Amending the Municipal Code by the addition of
Chapter 2.42 and by the amendment of Chapter 2.44 to revise the procedure
for disposal of surplus City property and lost and unclaimed personal
property."
Ordinance No. 3/6/79-4, "Amending the National City Land Use Code to
provide therein for the reconstruction of residential buildings that
have been destroyed by fire or other natural disasters."
ORDINANCES FOR ADOPTION (second reading)
Moved by Camacho, seconded by Van Deventer, these Ordinances be presented
by title only. Carried by unanimous vote.
Ordinance No. 1668 (3/2?/79-1), "AN ORDINANCE PURSUANT TO LAND USE CODE
OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-16-78, to rezone from Density
15 to Density 10 the properties bounded by 20th Street, "L" Avenue, 21st
Street, and the north -south alley in block between Highland Avenue and
"I" Avenue)." Moved by Waters, seconded by Van Deventer, Ordinance No.
1668 (3/2;/79-2) be adopted. Carried by unanimous vote.
Ordinance No. 1669 (2/2 /49..2), "AN ORDINANCE PURSUANT TO LAND USE CODE
OF THE CITY OF NATIONAL CITY (ZC-1-79, to rezone from CBD [Commercial -
Central Business District] to RT [Residential Two Family] the properties
at 824-32 East 28th Street, and 2806, 2816, 2824-26, 2828-40 "I" Avenue)."
Moved by Van Deventer, seconded by Camacho, Ordinance No. 1669 (2/27/?9-2)
be adopted. Discussion. Carried by unanimous vote.
PUBLIC HEARINGS
The CONTINUED HEARING on APPEAL of Planning Commission DENIAL of applica-
tion for CONDITIONAL USE PERMIT on proposed use of property at 29 W.
8th Street for bar and nightclub use, CUP 1979-1, (this Permit was denied
by the Planning Commission upon finding that the use lacked the amount of
off-street parking required by the Land Use Code; on 2/6/79 Council heard
applicant's appeal and continued the hearing to 3/6/79 at the request of
applicant's attorney; since then, several alternate methods of providing
the needed parking have been considered by the applicant and discussed
with staff; the applicant, Mr. Ziegler, and a prospective buyer of the
project met with the Planning Director on 2/20/79 to discuss the
possibility and acceptability of reducing the useable area within the
building to match the 19 or 20 parking spaces available on site; staff
recommends that any approval of this application carry the following
conditions: [1] that the existing parking lot be designed and improved
to meet present City requirements; this to include parkway landscaping;
[2] that the use of the premises shall be limited to a maximum occupant
load based upon the ratios of one parking space for each five seats, one
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permit be granted with Planning Department's recommendations on two
conditions submitted. Motion died for lack of second. In answer to the
question how many times he and Planning staff toured the area to see that
conditions have been met, Planning Director Gerschler stated that
investigations are made only upon receipt of complaints; they have had
complaints about restaurant and bar uses in various parts of town and they
have investigated them; in this particular area he doesn't recall any
complaints received; the zoning ordinance treats all assembly areas the
same; it requires parking based upon the number of seats or size of dance
floor and if a restaurant or bar puts in more seats than the Code allows,
then there is a potential enforcement case; if a complaint is received
and they investigate and find the number of seats exceeds the allowable
limit, it is treated as a violation; if this approach is impractical then
the whole Code is impractical on the question of parking for assembly -
type uses; he suggested that in this particular case they limit the number
of seats. Mr. Bua stated they are correcting all of the objections
originally posed by Council which included fire hazards, etc., these will
be corrected; there is no request to circumvent the rules; all of the
conditions outlined earlier as well as the recent ones will be complied
with. Discussion. City Attorney McLean stated if Council is otherwise
persuaded to allow this Conditional Use Permit that they would want to
reflect in their action that Council is not, in its view, adding a new
license to this zone but allowing them to continue under the old license
which has not expired. GORGE WEBSTER, Manager, Chamber of Commerce, 711
"A" Avenue, was present and spoke in favor of this application; Planning
should find a way to allow individuals to improve their property
particularly on National Avenue, without penalties; National needs
redevelopment; but, where an individual does the improvement himself he
should be commended and assisted. No one else was present in this regard.
Moved by Camacho, to accept the Planning Department's recommendations.
Died for lack of second. Moved by Waters, seconded by Dalla, the public
hearing on the bar and ni1htclub, CUP 1979-1, 29 W. 8th Street, we uphold
the Planning Commission denial and close the public hearing. Carried,
by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters.
Nays: Camacho. Abstain: Morgan.
The HEARING on APPEAL of Planning Commission DENIAL of APPLICATION FOR
ZONE VARIANCE to allow a reduction in the number of required off-street
parking sites from 12 spaces to 6 spaces in conjunction with the conversiol
of an existing residential structure to an office building at 205 National
City Boulevard, Z-20-78, (the applicant proposed to convert the existing
two-story single-family dwelling located at the southeast corner of 2nd
Street and National City Blvd. to an office building containing 2.429 sq.
ft.; the Land Use Code requires off-street parking at a ratio of not less
than one space for every 200 sq. ft. of gross floor area for office use;
only six spaces can be provided on site due to the location of the
building; the Planning Commission denied the variance for the reason
that they could not find justification under the Government Code to grant
the variance; staff concurs with the Planning Commission) was held at
this time. City Clerk Campbell stated the Certificate of P blication and
Affidavit of Mailing were on file. WM. ESSARY, General Partner of the
partnership that purchased 205 National City Blvd., was present and stated
this property was purchased a year ago through the Small Business
Administration and the building was in a position of being condemned at
that time, they intended to convert it to an office; he took the pre-
caution to verify the zoning prior to purchase butthwts negligent in not
determining there was an occupational use permit/ha& never been issued
for the use of the building, consequently, when they began to re-
habilitate the property they applied for a permit and realized there was
nn nonnnatinnal normit= tho nwnorc fool that thic is tho hinhoct and
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indirectly he represented other businesses which have asked him to speak
for them; parking is at a premium in this area; this whole hearing
probably wouldn't have occured if the Shore family had been a little more
liberal with their money when they bid for the building on the corner
to turn it into a parking area; there was economic impact on the businesses
in the immediate vicinity and they depend heavily on having available
parking spaces for their clients; he couldn't argue with the position
that an office building is the highest and best use for this, but what
this partnership has not done is to acquire the necessary parking space
which others have done; this will mean the people that have been following
the Code must sacrifice some of their gains; they see that as being a
bit unfair; the position of Shore Furniture and others in the area is
that the exception should not be made; he urged Council not to grant this
tonight and search for ways of alleviating this parking problem. WM.
ESSARY, returned to the podium and said they prepared a traffic engineer's
report at the suggestion of the Planning Department and his opinion is
that the impact would be negative as far as traffic itself; as far as
parking, he had several recommendations, relating to limiting the parking
on National City Blvd. and 2nd Street; they had approached Mr. Shore
with the suggestion that he might lease some of his unused parking spaces
and was informed that they may in the future use the space; he spoke
to other property owners trying to generate additional parking but there
wasn't any to be found; on the basis of there not being any additional
space and the fact that there are a number of businesses in the area,
they feel that they shouldn't be penalized when they are providing
services. Mayor Morgan stated he believes the people who come into the
City and restore old buildings should be assisted; we should keep as much
history of our City as we can. Discussion. Plan. Dir. Gerschler stated
to meet the Code requirements, they discussed with the applicants the
possibility of reducing the amount of the area to be used, which would
mean using half the building now without any more approvals or they
could go to different types of retail activities that would have a lower
parking requirement in which case they could use the entire building but
not for offices. Councilman Van Deventer suggested a study be made to
determine if the City could provide special parking requirements for
older buildings. Moved by Morgan, seconded by Van Deventer, we close the
public hearing and let the gentlemen use four offices and that we refer
reducing parking for older houses of historical value to the City Attorney
and Planner for reduced parking for these older historical buildings. Mr.
Hlawatsch, returned to the podium and stated if the City were to build
a high-rise parking facility in the area it would solve all the problems;
he suggested making a parking lot out of the area between 8th and 7th
and National on National Avenue on the east side. Mayor Morgan stated he
wanted indicated in his motion not to wait for six months to a year, but
rather to proceed immediately on the parking problems. City Attorney
McLean stated Council should close the public hearing and deny the
application now before it; legally there is no way of granting it; there
is no basis under existing law to find in favor. Moved by Morgan,
seconded by Van Deventer, in favor of the City Attorney's recommendation
and refer this reduced parking to the staff. Carried by unanimous vote.
SWEARING IN OF POLICE CHIEF
City Clerk Campbell administered the Oath of Office to newly appointed
Chief of Police Terry Hart.
PUBLIC HEARINGS (Continued)
The HEARING on EXTENSION OF INTERIM ORDINANCE NO. 1618, an ordinance
adonted nursuant to Government Code Section 65858 as an uraencv ordinance
117
The ASSESSMENT HEARING, ALLEY BETWEEN 2ND STREET TO 3RD STREET AND "E"
AVENUE TO "F" AVHVUE, Assessment District No. 192, was held at this time.
City Clerk Campbell stated the Certificate of Publication and Affidavit
of Mailing were on file. ROBERT ONLEY, Civil Engineer Associate, was
present and displayed a diagram of the District which indicated the
exterior boundary of the District, the improvement, the parcel numbers
and assessment numbers for each property with the proposed assessment
indicated on each. Mr. Onley stated the total cost of the work is:
incidental expenses, $2,828.74; contract cost, $10,274,17; total project
cost, $13,102.91; less City contribution, $4,400.00; total amount to be
assessed, $8,702.91. Mr. Onley said he visited each parcel and studied
it on the map and determined that each does benefit from this improvement;
he assessed the total sum of the $8,702.91 upon the several lots, portions
of lots and parcels of land in the assessment district benefitted thereby
upon each respectively and in proportion to the estimated benefits to be
received by each of the said lots, portions of lots and parcels of land
in separate assessments hereinafter set forth. No protests were received.
No one was present in this regard. Moved by Camacho, seconded by Van
Deventer, this hearing on the alley between 2nd Street to 3rd Street and
"E" Avenue to "F" Avenue be approved and with all the City Engineering
and Planning Department's recommendations and the hearing be closed and
the assessments confirmed. Carried by unanimous vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT
REGISTER NO. 34, dated March 6, 1979, in the amount of $112,718.35
(Warrants Nos. 64281 through 64357) and PAYROLL for the period ending
February 28, 1979, in the amount of $178,833.65 was presented. Moved by
Dalla, seconded by Van Deventer, the demands be ratified and payroll
confirmed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla,
Van Deventer, Waters, Morgan. Nays: None.
SAINT MARY'S PARISH CHURCH SCHOOL'S request to occupy a mobile home for
a temporary caretaker residence (the purpose of this request is to
provide on -site supervision of school grounds in an effort to reduwe
vandalism; the Planning Commission determined that the proposed use
meets the requirements of the Land Use Code for Class "C" Activity - Use
Group 34 at the 2/26/79 meeting; a Temporary Use Permit for this
event has been processed and approved by the Police, Fire, Planning and
Finance Departments; staff recommends approval subject to the terms and
conditions of the Land Use Code relating to Class "C" Temporary Use
Permits) was presented. Moved by Camacho, seconded by Waters, this
request be granted. Carried by unanimous vote.
Asst. City Manager Bailard's request regarding the SALE OF SURPLUS CITY
STREET SIGNS (as a result of the City's street sign replacement program,
the City has accummulated old signs which have no further use; it is
possible that citizens may be interested in purchasing these surplus signs
which may have personal or historical significance; such purchases would
be handled through the Public Works Office in accordance with the
following guidelines and procedures; [1] Council would declare signs as
surplus; [2] Council authorize disposal of all signs on a first come, first
served basis at a price of $5.00 each; unsold signs to be auctioned or
sold as scrap; [3] staff to notify newspapers or other media on an
effort to inform general public; staff recommends that Council approve
the sale and/or disposal procedure for surplus City street signs) was
presented. Moved by Waters, seconded by Camacho, this request be approved.
Carried by unanimous vote. Mayor Morgan requested Mr. Ballard to bring
back a report in a month on the status of the sale of these signs_
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(Item 20) The APPLICATION FOR ON -SALE GENERAL PUBLIC PREMISES LIQUOR
LICENSE for the Tahiti Corporation, dba TAHITI, 821 National City
Boulevard, person transfer, type 48 (this permits the sale of beer and
wine only for consumption off the premises) was presented. Moved by
Waters, seconded by Camacho, in favor of Item 20. Carried, by the
following vote to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters.
Nays: None. Abstain: Morgan.
The APPLICATION FOR ON -SALE BEER AND WINE PUBLIC PREMISES LICENSE, Type
42 license for Mary F. Cianciola, dba ROUND -UP .CAFE, 330 Highland
Avenue, (this permits sale of beer and wine for consumption off the
premises) was presented. Moved by Van Deventer, seconded by Camacho,
in favor. Carried, by the following vote, to -wit: Ayes: Camacho,
Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan.
The CLAIM FOR DAMAC:F-S of MR. AND MRS. MICHAEL A. DAVIS alleging damage
to vehicle on 2/11/79; and,
The CLAIM FOR DAMAGES of SAMUEL RICHARD GARZA alleging damage to
motorcycle and himself on 1/18/79 were presented. Moved by Waters,
seconded by Camacho, these be denied and referred to the City Attorney.
Carried by unanimous vote.
(Item 24) General Services, Purchasing Division's recommendation regarding
of AWARD OF BID #G.S. 7879-2 for one SOUND REINFORCEMENT SYSTEM for
City Council Chambers (bids were solicited from ten vendors with four
respondents; those who replied and their bids are: [1] Raytronics, total
$7,820.00; [2] Commucations Company, Inc., $8,781.00; [3] Hannon
Engineering Incor., $8,914.00; [4] Master Electronics, $8,412.82; it is
recommended the bid be awarded to Raytronics Company in the amount of
$7,820.00) was presented. Moved by Waters, seconded by Camacho, in favor
of Item 24, City Council Chambers sound system. Carried by unanimous
vote.
City Attorney McLean left Chambers at 9:51 p.m. and returned at 9:54 p.m.
OTHER BUSINESS
PLANNING
(Item 25) Recommendation to adopt resolution of intent to vacate 20th
Street between National City Blvd. and Roosevelt Avenue, and a portion
of adjoining alley to the north, set for public hearing, and Planning
Commission recommendation considered at that time, SC-4-78; and,
(Item 26) Recommendation to adopt a resolution of intent to vacate a
portion of 12th Street at the northeast corner of Plaza Blvd. and 12th
Street, set for public hearing and Planning Commission recommendation
considered at that time, SC-1-79) was presented. City Clerk Campbell
stated the date of the hearing will be in the resolution. Moved by
Camacho, seconded by Van Deventer, in favor. Carried by unanimous vote.
Recommendation to approve the TENTATIVE SUBDIVISION MAP, PARK VILLAGE
CONDOMINIUMS east of "E" Avenue, north of Kimball Way subject to 13
conditions as outlined on Document No. 62984 on file in the office of
the City Clerk was presented. Moved by Van Deventer, seconded by Dalla,
in favor of staff's recommendation. Carried by unanimous vote.
(Item 28) Recommendation to approve the FINAL SUBDIVISION MAP, L.B.
NELSON'S VILLAGE FOUR, 709-715 "R" Avenue, L,B. Nelson Corp. of Southern
California (the Planning Commission at their meeting of 11/27/78 approved
the final map for this subdivision with the condition that Council not
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CITY MANAGER
CITY MANAGER MCCABE reported the County Office of Disaster contacted
staff and informed them that all who were affected by flood damage can
make Small Business Administration, Disaster Declarations for loans at
two locations; locally at the Harbison School which is on Eighth Street
between Plaza Blvd. and Harbison Avenue, and at 1811 John Towers Avenue,
El Cajon; this information will be given to the newspapers. Mr. McCabe
stated those affected locally will receive this information.
Moved by Van Deventer, seconded by Camacho, the City Manager be
authorized the recruitment and employment of Public Works' Superintendent,
Range 153. Carried by unanimous vote.
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR
MAYOR MORGAN spoke regarding a water hydrant problem. City Attorney
McLean stated no action is necessary; he understood Council's concern;
staff will look into the alternatives and prepare a comprehensive report;
in the meantime they will take steps to issue the permits.
MAYOR MORGAN directed staff to move ahead on the bus situation to give
everyone plenty of time to make adjustments, etc. City Manager McCabe
stated their schedule is by April 1 and they are moving on it now and
will make decisions prior to that time.
CITY COUNCIL
COUNCILMAN WATERS inquired about the status of the new SENIOR CITIZENS
VAN. Asst. City Manager Ballard stated it is at the dealership now and
they are outfitting it for the City; it should be delivered to the City
within a week or ten days.
COUNCILMAN WATERS reported a business recently wanted to go in at 16th
and Roosevelt and they were told that they had to install a $6,000
fireplug; he would have been the only one in the area to have to pay for
this; Council should think about distributing this kind of expense
around an entire area. Mayor Morgan stated the Fire Chief tells you
where you have put these things in.
COUNCILMAN WATERS stated he would like Council to think about National
Avenue as regards redevelopment activity; he would like to see the area
from 13th Street to Division landscaped; there are 16' parkways in the
area, big enough to put in trees; this would beautify the avenue and
encourage other businesses to fix up their places.
VICE MAYOR CAMACHO left Chambers at 9:01 and returned at 9:03 p.m.
COUNCILMAN VAN DEVENTER stated he referred Supervisor Hedgecock's
recommendation to reduce spending by 5.5%; it would cost the City
$219,000 if the City reduced its federal funding by 5.5%. Moved by
Morgan, seconded by Dalla, we instruct our delegate to vote against this.
Carried by unanimous vote. Mayor Morgan stated anytime Supervisor
Hedgecock makes any recommendation, the CPO representative should check
into it more closely than any other individual.
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Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan,
Absent: None.
Councilman Dalla stated that a matter of litigation was discussed and
the Attorney explained at length the course of action that he is going
to pursue and the reasons why; and he will continue to pursue those
actions; this is for Mayor's and the public's benefit.
Moved by Camacho, seconded by Waters, the meeting be closed. Carried by
unanimous vote. The meeting closed at 9:47 p.m.
CITY ERK
CITY OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council on March 20, 1979.
Corrections
MNo corrections
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA
3/6/79