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HomeMy WebLinkAbout1978 04-25 CC MIN136 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 25, 1978 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Vice Mayor Camacho. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters. Absent: Morgan. Administrative officials present: Campbell, Gerschler, Gill, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Atwell Stewart, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of April 11, 1978 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "RESPECT FOR LAW WEEK," May 1-7, 1978. Moved by Dalla, seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. Absent: Morgan. Vice Mayor Camacho presented the proclamation to James King, Optimists Club. SCHEDULED PRESENTATIONS Supervisor Hamilton spoke on the Mill's CPO Abolition Bill, SB 1746. Mr. Hamilton stated the Board of Supervisors has three options: (1), support the bill; (2) not support the bill, or; (3) support the bill with amendments; the Board of Supervisors does support the bill but believes there should be reasonable representation and input by the cities of San Diego, such as they now have on CPO. Mr. Hamilton requested Council confer with the City Manager and City Attorney to determine what Council would like to do regarding the establishment of a new body and where it should be placed; what kind of responsibilities it should have; whether or not it should have a separate staff; how it would relate to the Board of Supervisors; this information should be forwarded to Supervisor Hamilton as soon as possible so that staff can be given this information. Supervisor Hamilton stated he wants Council to feel they would be a part of the decision -making process and will have input into this in the beginning rather than reacting to a decision made by others. Vice Mayor Camacho thanked Supervisor Hamilton for attending Council meeting and reviewing the situation with them. ORAL COMMUNICATION DR. HUBERT CAMPBELL, 1435 Mariposa Street, San Diego, was present on behalf of the Salvation Army Family Service Counseling. Dr. Campbell stated the Counseling service is staffed by RETC employees and the contract will terminate on July 1, 1978; if alternate financing cannot be obtained, they must either reduce the operation or close; the Salvation Army is soliciting funds and requests Council give every consideration to continuing operation of the National City Family Service office. Moved by Waters, this item be referred to the Finance Committee for consideration and in the meanwhile a report back from the City Manager on this particular item at the next regularly scheduled Council meeting. Motion died for lack of second. City Manager Gill stated this program has nothing to do with the City; RETC does provide 4/25/78 137 CETA personnel to various agencies, one of which is the City, but the City is not directly involved with the Salvation Army. Moved by Waters, seconded by Van Deventer, this be referred to the Finance Committee. Councilman Waters stated he still wants more information regarding this program. Carried by unanimous vote. Absent: Morgan. PUBLIC HEARINGS The HEARING on APPEAL OF Planning Commission DENIAL of proposed rezoning from RT (Residential Two Family) to RM-1 (Residential Multiple,) the property at 2130 East 8th Street, ZC-19-78, (this proposed rezoning applies to one lot now developed with a single family residence; the rezoning was requested to allow the use of the existing single family home as a "Boarding Home"; subsequent to the Planning Commission hearing on the zone change, the Planning Commission made an interpretation of the Land Use Code and found that the proposed use of property was not a "boarding house" as defined by the Land Use Code, but a "long-term health facility"; because of the Planning Commission interpretation, the rezoning will not serve the purpose of the original request; "long- term health facility" is not a permitted use in the RM-1 zone) was held at this time. Planning Director Gerschler stated Planning Commission and staff recommend denial. MAGDALENE SYFU, 2130 East 8th Street, applicant, was present and stated the zone change would enable her to have a boarding home for not more than six elderly adults; Mrs. Syfu stated one of the questions asked at the Planning Commission hearing was if it were to be for her "own people"... this is an inappropriate question and she didn't feel right when this was asked (being a minority); the purpose of the home is for everybody regardless of race, nationality or national origin. Mrs. Syfu stated the purpose of the zone change is for a boarding home and she doesn't intend to have a long term facility or medical related facility; this home would be similar to homes taking care of parents in the homes; this is the kind of care she would give to the aged in the home; when she planned this she came to the Planning Department to ask advice and they advised her to apply for a zone change, which she did; perhaps there has been lack of communication involved in explaining the home; Mrs. Syfu offered to answer Council's questions. hAs to why she picked this particular area Mrs. Syfu stated she owns/property; she was aware of the fact that the area was not zoned properly for this use; this is a convenient area, considering the people she would be taking care of, they would be old and they wouldn't have to walk far to take care of their needs; it is close to the hospital and transportation and close to stores; very few residential homes can meet the requirement of residential care facility without alteration. Councilman Waters stated she would be running a business in a residential area, which is not permitted; his main concern would be the people who already live in the residential area. When asked if she would be a resident of the home, Mrs. Syfu stated she would. Mrs. Syfu said further the residents would be ambulatory and would be able to take care of themselves; there would be no injections, oxygen tanks, no narcotics would be allowed in the residence. It was stated the Planning Commission denied the application because this particular type of business doesn't belong in this zone; her ability to provide these services was not being questioned but this seems to be a long term health facility and consequently not in the proper zone. Mrs. Syfu stated that with a long term health facility, nursing and medical services would be provided; in the boarding home she is proposing there would be no nursing care; this is a boarding home and not a long term nursing facility. MCKING ALANIS, owner of a home in back of 2130 East 8th Street, was present and stated he opposes a facility of this nature going into the area; they would like a chance to grow as a residential area. Mr. Alanis presented a letter from his next door neighbor Vincent Quintaxd, 2127 E. 9th Street, to City Clerk Campbell (who read it aloud) which expressed his opposition to the proposed zone change. City Attorney McLean stated the National City Land Use Code definintion of a long term health facility in this City draws the inescapable conclusion that what Mrs. Syfu is proposing fits exactly the definition; it would appear that the decision of the 4/25/78 138 Planning Commission in finding that this proposal is a "long term health care facility" is the only decision that could have been made; Council is faced with the decision of zoning one single family lot within a single family district for a special use, this has substantial legal implications, there is a prohibition in the law of the State re "spot zoning." No one else was present in this regard. Moved by Dalla, seconded by Van Deventer, the public hearing be closed and the determination of the Planning Commission be upheld. Carried by unanimous vote. Absent: Morgan. The HEARING to rezone the property at the southeast corner of 3th Street and Palm Avenue from CL (Commercial Limited) and CL-PD (Commercial Limited -Planned Development) to CBD-PD (Commercial -Central Business District -Planned Development),ZC-20-78 (this is a follow-up to GP-1-78 which proposes to change the land use designation on this property from "Neighborhood Commercial" to "General Commercial"; the site of this change is now developed as a small shopping center; the change in zoning would allow a broader range of retail uses within this center), was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated both the Planning Commission and staff recommend approval. JAMES HOUCK (applicant), 6363 El Cajon Blvd., was present and stated this change will help them to bring the tenants already in the shopping center into compliance with the City's zoning and it will give them a broader base on which to keep the place leased. Planning Director Gerschler stated part of the problem is the continual turnover of leases and in obtaining more stable leases, Mr. Houck needs the broader variety of uses available under the zone change. No one else was present in this regard. Moved by Van Deventer, seconded by Waters, in favor of the Planning Commission's recommendation in favor of the zone change and the public hearing be closed. Carried by unanimous vote. Absent: Morgan. ADOPTION OF RESOLUTIONS Moved by Dalla, seconded by Camacho, these Resolutions be adopted by title only. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,718, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF FUNDS TO ESTABLISH PARK FUND ACCOUNT." Moved by Waters, seconded by Van Deventer, Resolution No. 12,718 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: Dalla. Absent: Morgan. Resolution No. 12,719, "A RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING BID FOR THE SALE OF CITY OWNED REAL PROPERTY AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS ATTENDANT TO SAID SALE (Cagle Street, near Stockman Street, National City.)" Moved by Van Deventer, seconded by Waters, Resolution No. 12,719 be adopted. Carried by unanimous vote, Absent: Morgan. Resolution No. 12,720, "A RESOLUTION OF THE CIT!' OF NATIONAL CITY AWARDING BID FOR THE LEASE OF CITY OWNED REAL PROPERTY AND AUTHORIZING THE EXECUTION OF SAID LEASE (McKinley Avenue at 23rd St., N.C.)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,720 be adopted. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,721, "RESOLUTION DESIGNATING LOCAL AGENT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT (PUBLIC LAW 288, 93RD CONGRESS)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,721 be ad opted. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,722, "RESOLUTION DESIGNATING MAY 15, 1978 AS THE DATE UPON WHICH ALL PROPERTY ON NATIONAL AVENUE BETWEEN 8TH AND 12TH STREETS, UNDERGROUND UTILITY DISTRICT NO. 7 MUST BE READY TO RECEIVE UNDERGROUND SERVICE AND JUNE 26, 1978 AS THE DATE FOR THE REMOVAL OF ALL OVERHEAD UTILITY FACILITIES." Moved by Van Deventer, seconded by Waters, Resolution No. 12,722 be adopted. Carried by unanimous vote. Absent: Morgan. 4/25/78 139 INTRODUCTION OF ORDINANCES (first reading) Moved by Dalla, seconded by Van Deventer, this Ordinance be presented for first reading by title only. Carried by unanimous vote, Absent: Morgan. Ordinance No. 4/25/78-1, "Pursuant to Land Use Code of the City of National City, California (ZC-1 -78, to rezone from RM-1 [Residential Multiple] to RT [Residential Two Family] the properties in the 1000 block of Division Street, north side, 1015 thru 1055 inclusive)." ADOPTION OF ORDINANCES (second reading) Moved by Dalla, seconded by Van Deventer, these Ordinances be presented by title only. Carried by unanimous vote. Absent: Morgan. Ordinance No. 1621 (4/18/78-1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 1.20 OF THE NATIONAL CITY MUNICIPAL CODE CHANGING VIOLATIONS OF SAID CODE FROM MISDEMEANORS TO INFRACTIONS." Moved by Van Deventer, seconded by Dalla, Ordinance No. 1621 (4/14/78-1) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters. Absent: Morgan. Ordinance No. 1622 (4/I8//8-8), "AN ORDINANCE ESTABLISHING PROCEDURES FOR THE ASCERTAINMENT AND THE COLLECTION OF FEES FOR INTERIM SCHOOL FACILITIES," Moved by Van Deventer, seconded by Dalla, Ordinance No. 1622 (4/18/74-2) be adopted. Carried by unanimous vote. Absent: Morgan. OLD BUSINESS National City Girls Softball League's request for placement of advertisement in program (a donation of $50 is requested to cover the placement of an advertisement on the back cover of the official program for the 1978 National City Girls Softball League season) was presented. Moved by Waters, in favor of the request of the Girls Club. Moved by Dalla, seconded by Van Deventer, each member of the Council personally contribute $10.00 to put an ad in this program. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters. Absent: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 40 dated April 25, 1978 in the amount of $55,342.04 (Warrants Nos. 61634 through 61695) was presented. Moved by Dalla, seconded by Van Deventer, bills be paid and demands ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Della, Van Deventer, Waters. Nays: None. Absent: Morgan. SOUTH BAY COMMUNITY FAIR ASSOCIATION'S request to hold a PARADE on the evening of August 31, 1978 (the parade will mark the opening of the Third Annual South Bay Country Fair and serve as a fund raiser for the Muscular Dystrophy Association; the Association has requested that the Bicentennial Parade route be approved commencing at 30th Street and Highland Avenue; a temporary use permit for this event has been processed and approved by Police Department, Fire Department, Planning Department, Finance Department and the San Diego County Department of Public Health; the staff recommends the requests be granted) was presented. Councilman Dalla asked if there had been feed -back from business people along this route as to how they reacted to the last parade. BOB JENNER, 367 Minot, Chula Vista, was present and stated at the time of the. last parade there was one complaint regarding restriction of traffic in front of their store. Moved by Waters, seconded by Van Deventer, in favor of the South Bay Community Fair's request,. Carried by unanimous vote. Absent: Morgan. 4/25/78 140 SOUTH BAY COMMUNITY FAIR ASSOCIATION'S request for WAIVER OF FEES (the Association will conduct a fund-raising rummage sale in the Kimball Community Building on April 29 and has requested waiver of building rental fees and business license fee for this one day event; staff recommends [1] that the building rental fee and business license fee in the total amount of $50.00 be waived; and, [2] that the custodial fee in the amount of $63.00 be paid by the Association) was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Councilman Waters stated.he is opposed to using the community building for a rummage sale. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters. Absent: Morgan. SOUTH BAY POP WARNER FOOTBALL ASSOCIATION'S request for WAIVER of building rental fees (the Association will hold its annual League Banquet in the Kimball Community Building on the evening of August 25th; approximately 225 persons are expected to attend; the Association has requested waiver of rental fees for this event; the staff recommends that rental fees in the amount of $72.00 be waived; the kitchen cleaning deposit, returnable, and custodial fees by paid by the Association) was presented. Moved by Waters, seconded by Dalla, in favor of the Pop Warner Football Association's request and comply with all stipulations of staff. Carried by unanimous vote. Absent: Morgan Director of Public Works' recommendation to approve DEFERRAL of requirements to install STREET PAVING ADJACENT TO 1115 EAST 4TH STREET (the property owner has an obligation under Ordinance No. 1491 to install up to $900.00 worth of street improvements; East 4th Street in this block is not up to current street pavement thickness standards; however, $900 is insufficient to repave the entire street frontage; the property owner requests a deferral until such time as an overall neighborhood project is undertaken; staff recommends that deferral of driveway construction be denied; it is further recommended that a 10- year deferral of street paving and gutter be approved, subject to the property owner signing a Covenant not to protest a 1911 Act to improve the street or gutter) was presented. Moved by Waters, seconded by Van Deventer, in favor of the Director of Public Works' request. Carried by unanimous vote. Absent: Morgan. Director of Public Works' recommendation to approve CHANGE ORDER NO. 3 FOR KIMBALL ZOO AND TOT LOT, Specification No. 803 (nylon netting over enclosure specified by the architect does not fully meet fire protection standards of the Fire Chief; this change order provides for a fire resistant coating for the netting; budgeted funds are available in contingencies; the sum of $1,600.00 is hereby added to the total contract price making an adjusted contract price to date of $264,351.00) was presented. Moved by Dalla, seconded by Van Deventer, in favor of the recommendation of the Director of Public Works. Carried by unanimous vote. Absent: Morgan. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING The Planning Department's recommendation on "Suggested City of National City Position, Response to Draft EIR for MTDB GUIDEWAY PLANNING PROJECT" (Light Rail Transit Service between San Ysidro and downtown San Diego -- The San Diego Metropolitan Transit Development Board has invited the City Council input on the EIR for the light rail guideway system that would utilize the San Diego and Arizona Eastern Railway tracks and certain on -street facilities in downtown San Diego; staff recommends that the Council direct the Planning Department to file with the Board 4/25/78 141 of Directors of the SDMTDB the Planning Director's memo of April 27, 1978 as the City's position on this EIR, Document #61443) was presented. Moved by Dalla, seconded by Van Deventer, Mr, Gerschler's report be forwarded to MTDB for inclusion in response to the EIR. Carried by unanimous vote. Absent: Morgan. The Planning Department's recommendation on EXTENSION OF INTERIM ORDINANCE NO. 1617, adding PD combining zone to all RM-1 zoned properties in National City was presented. Planning Director Gerschler stated staff recommends this matter be set for hearing before the City Council on May 16, 1978. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. Absent: Morgan. TRAFFIC SAFETY COMMITTEE The TRAFFIC SAFETY COMMITTEE'S recommendations from its regular meeting of April 12, 1978 ([1] to establish a loading zone on the east curb of "B" Avenue,:'70 feet in length from 8th Street north; [2] to mark the crosswalks at 7th Street and Highland Avenue with special markings to make the crosswalks more visible; [3] to mark 8th Street in front of Ira Harbison School as a bus loading zone; [4] to prohibit parking on both sides of 12th Street adjacent to San Diego Savings Association and establish two eastbound lanes and one westbound lane) was presented. There was discussion. Moved by Waters, seconded by Dalla, in favor of the approval of the Traffic Safety Committee's minutes. ASST. POLICE CHIEF CLIFFORD REED, was present and stated there have been continual complaints before the Traffik Safety Committee regarding selective enforcement regarding high-speed; the Committee is going to direct a letter to Council requesting something be done about it; this would detail more men; Chief Reed stated the Police Department hasn't been at full strength in four years; another problem in enforcement is that the streets have not been surveyed so that radar cannot be used; this year's budget requests two additional radar units to help alleviate this situation; the Committee cannot rectify the problem at this time and will be requesting Council assistance on the matter. Motion carried by unanimous vote. Absent: Morgan. MAYOR - Absent. CITY COUNCIL COUNCILMAN WATERS stated he has received a request from the Casa de Salud for a loading zone on the corner of 14th Street to help unload seniors attending the Casa. City Engineer Hoffland stated a yellow zone would be for commercial vehicles; if it is desired to have a passenger or bus zone this would be marked with red. Councilman Waters requested this item be referred to the Traffic Safety Committee. COUNCILMAN VAN DEVENTER stated at last week's meeting the American Little League's request for updating the field was discussed; staff should be commended on the job they did on this item in doing away with heavy expenditure and working with the material the City has on hand with no additional cost to the City except man-hours; Stan. Biggs, Director of Building and Housing, should be commended for his work on this. COUNCILMAN VAN DEVENTER stated he would like to receive the comments of the Council regarding SB 1906, relating to the expenditures of the leftover transit funds; under this particular bill, 75% would be allotted each year to the Metropolitan Transit Development Board for guideway purposes; it would permit all local transportation funds remaining at the end of year to be used for housing assistance within the transit corridor; he believes the City is in dire need of more bus transportation and there are a lot of areas within the City that need service; there is a real need for mass transportation within the 4/25/78 142 area and we should do everything we can to help get these reserve funds spent in the area one way or the other. Moved by Dalla, seconded by Van Deventer, we direct a letter to the appropriate state legislators that represent us on our opposition to SB 1906 and it would be appropriate to include some of the information that City Manager Gill included in his report to CPO relative to this same item. Carried by uaanimous vote. Absent: Morgan. Moved by Waters, seconded by Dalla, the meeting be adjourned until May 9th. Carried by unanimous vote. Absent: Morgan. The meeting adjourned at 8:45 P.M. CITY CLIRK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of May 9, 1978. DCorrections ID No corrections CITY OF NATIONAL CITY, CALIFORNIA 4/25/78