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HomeMy WebLinkAbout1978 05-23 CC MIN156 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 23, 1978 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, Gill, Hoffland, Kulikowski, 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. Milo Wood, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of May 9, 1978 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS Deputy City Clerk Kulikowski read the Mayor's proposed proclamation "SWEETWATER DISTRICT SCHOOL VOLUNTEER RECOGNITION DAY," May 31, 1978. Moved by Camacho, seconded by Van Deventer, the Mayor's proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mr. Ernie Azchocar, Sweetwater School Board. Mr. Azchocar introduced Mrs. Elia Ruan, school volunteer, who was present in the audience. Mrs. Ruan thanked Council for the proclamation and urged other parents to become involved in the schools. PUBLIC ORAL COMMUNICATIONS BERNARD TRAGER, 516 E. 24th Street, was present and invited the Council to the 28th Annual Memorial. Service sponsored by the American Legion, VFW, Fleet Reserve, Pearl Harbor Survivors, Sunday, May 28 starting at 2:00 p.m., Vista Memorial Cemetery. ERNEST AZCHOCAR, 1615 Lanoitan Avenue, was present and thanked Council on behalf of the President of the CAC, Mrs. Margaret Hirschy, for support for the 9th celebration of Cinco de Mayo held at Kimball Park. Mr. Azchocar asked Council to commend the crew that worked that evening for their help. JOHN THOMPSON, 3121 E. 2nd Street, was present and stated he had written the Mayor a letter regarding the dirt driveway at that address; he would like to have something done about the dust problem. City Manager Gill stated the Planning Commission did not make improvement of the existing driveway a condition to approval of the project; a new driveway is to be installed. Planning Director Gerschler stated there are two neighbors involved, Mr. Thompson and Mr. Bradt, they will talk these two people and with the developers regarding this matter. GEORGE WEBSTER, Manager, Chamber of Commerce, was present and stated the Chamber is recommending the new site for the Naval Hospital be located on property currently used by the Naval Station west of 1-5, east of Harbor Drive and north of 8th Street in National City and they have written to the Secretary of Defense and both Senators regarding this matter and urges the Council to do the same. Mayor Morgan stated he is in favor of this. Moved by Camacho, seconded by Van Deventer, a letter be sent immediately to the designated names regarding this matter. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstain: Dalla. 5/23/78 157 ADOPTION. OF RESOLUTIONS Moved by Camacho, seconded by Waters, these Resolutions be presented to Council by title only. Carried by unanimous vote. Resolution No. 12,746, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (No. PD-99, to allow a redesigned project for a single story triplex at 1835 "J" Avenue - Robert Rahn)." Moved by Waters, seconded by Camacho, Resolution No. 12,746 be adopted. Carried by unanimous vote. Resolution No. 12,747, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE SOUTHERLY ONE-HALF OF 20TH STREET BETWEEN HOOVER AND ROOSEVELT AVENUES (SC-5-78)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12) 747 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. Resolution No. 12,748, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEED TO PEIRI DEBBAS ENTERPRISE (Sewer Easement)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,748 be adopted. Carried by unanimous vote. Resolution No. 12,749, "RESOLUTION DESIGNATING JUNE 12, 1978 AS THE DATE UPON WHICH ALL PROPERTY ON NATIONAL AVENUE BETWEEN 4TH AND 8TH STREETS, UNDERGROUND UTILITY DISTRICT NO. 8 MUST BE READY TO RECEIVE UNDERGROUND SERVICE AND JULY 12, 1978 AS THE DATE FOR THE REMOVAL OF ALL OVERHEAD UTILITY FACILITIES." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,749 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Waters, this be presented by title only. Carried by unanimous vote. Ordinance No. 5/23/73-1, "Amending Ordinance No. 1491 requiring installation of street improvements, providing for deferrals, and exemptions therefrom, and administrative procedures related thereto." ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Waters, this Ordinance be presented for adoption by title only. Carried by unanimous vote. Ordinance No. 1626 (5/16/73-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-20-78, to rezone roperty at southeast corner of 8th Street and Palm Avenue from CL Commercial Limited] and CL-PD [Commercial Limited- Planned Development] to CBD-PD [Commercial -Central Business District Planned Development])." Moved by Waters, seconded by Van Deventer, Ordinance No. 1626 (5//6/78_1) be adopted. Carried by unanimous vote. (Ordinance No. 1627 - see page no. 160 paragraph no. 4 PUBLIC HEARINGS The CONTINUED HEARING on APPEAL of Planning Commission DENIAL of application for PLANNED DEVELOPMENT PERMIT to allow development of a 2-story, 6-unit apartment building at 1916 "L" AVENUE, PD-101 (when this case was presented to the Council on May 9 it was represented as a "single story triplex [3 attached dwelling units]; the applicant then advised Planning that he wished to revise the plan one more time to show three detached dwelling units; it was ruled that such a revision would require new consideration by the Planning Commission; the Council continued the case to May 23 and referred the revised plans to the Planning Commission for a report; staff and Planning Commission recommended approval subject to the following conditions: [1] exterior 5/23/78 158 colors and textures shall be compatible with surrounding landscape; [2] development plans submitted for issuance of a building permit be subject to site plan review; [3] development shall be in accordance with submitted plan) was presented. DON REYNOLDS, 4120 Bonita Rd., was present representing the builder; he stated there was opposition to the plan as originally presented to Council, since that time everyone in the area has been contacted and they have put their signatures on a sheet indicating they are in favor of the development, with no opposition at all to the current plans. In answer to a question regarding the size of bedrooms, Mr. Reynolds said they will be 13' X 9' and will take a king-size bed; there are seven of these plans currently in the City, and he manages them; they are in big demand with a very low turn -over rate; they are compact (with the washer and dryer inside); there are numerous apartments that are two bedrooms apartments; people who a few children have a difficult time finding a three bedroom; the market they are in is the three bedroom one; there is a real need in this area and they provide this; applicants are carefully screened to make sure they are properly employed in order to pay the rent, they have proven to be fairly stable. Mr. Reynolds stated the rents will run around $320 per month. No one else was present in this regard. Moved by Camacho, seconded by Waters, this hearing be closed and that these detached single family dwellings be approved and all the Planning Commission's recommendations be adhered to. Carried by unanimous vote. The CONTINUED HEARING on intention to VACATE AND CLOSE the north -south ALLEY BETWEEN "C" AND "D" AVENUES, south of 27th Streets, SC-1 -73, (the Planning Commission at their meeting of 2/27/78 made a finding that the north -south alley is not needed for present or contemplated future public purposes and could be vacated and recommended in favor subject to the following conditions: [1] evidence, to the satisfaction of the City Attorney, that all persons known to have possible claims to access rights to and from the street to be vacated have relinquished all such rights; [2] an accessway no less than 20' in width extending 125' south from 24th Street shall be assured as required by the Fire Marshal upon recommendation of the Fire Department the Planning Commission recommends that the first 125', southerly from 27th Street not be vacated) was presented. Planning Director Gerschler stated the last time this was discussed by Council it was pointed out that the proponent's interest in the improvement requirement could be the subject of a deferral application which he would make to the City Engineer; with that the Planning Commission's recommendation for partial vacation, was satisfactory to everyone. MR. BEN JAEHN, 2040 East 5 Street, the proponent, stated he had a meeting with the Fire Depaxtment and after looking the area over, they suggested that instead of paving the alley for the 125' because of the trees and so forth down the alley, it was suggested going back 100', which is fine as far as he is concerned. City Attorney McLean stated the only question this evening is the question of the vacation, the question of deferral will have to be discussed later. Mr. Jaehn stated the Fire Department also suggested signs be put up by the City stating "Dead End" street and "No Parking" on the alley after it had been paved. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing and intention to vacate north -south alley between "C" and "D", south of 27th Street be approved and subject to the two conditions of the Planning Commission adhered to. Planning Director Gerschler stated Council's action would vacate the southerly 125' and leave the northerly 125' open with the understanding that there will probably be a deferral request submitted later regarding the paving of the northerly 125'. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 44 dated May 23, 1978 in the amount of $62,045.83 (Warrants Nos. 51838 through 61961) was presented. Moved by Camacho, seconded by Van Deventer, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. 5/23/73 159 The Registrar of Voters' news release (an error has been made in the Short Title and Summary of Proposition 13 [JARVIS-GANN] on both the sample and official ballots; corrections will be posted in the voting booths on election day; this is for information only) was presented. Ordered filed. City Clerk Campbell's recommendation to OPPOSE AB 3632, TORT CLAIMS ACT (this would eliminate the present requirement that claims be made within 100 days of alleged cause of action; under present law, applica- tion may be made to a City to present a late claim up to one year from the cause of action and the Council must accept the application only where it finds that the claim is late because of a mistake, inadvertency, surprise or excusable neglect and that the public entity was not prejudiced by the failure to comply with the 100 day time period; AB 3632 would make it almost impossible for an application for late claim to be rejected, thus giving persons presenting claims one year instead of 100 days to file claims; it is recommended this be opposed as it will make liability insurance more costly and more difficult to obtain) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Councilman Waters stated he believes they are trying to make the law uniform throughout the state. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. The APPLICATION FOR ON -SALE BEER AND WINE, EATING PLACE LICENSE Type 41, of Glenn A. Harris and Monica Nochisaki dba NEW YORK PIZZA, 1467 Plaza Blvd., (this would also permit sale of beer and wine for consumption off the premises) was presented. Moved by Camacho, seconded by Van Deventer, the City protest the issuance of the license with the understanding that the City will withdraw its protest if a conditional license is applied for. Councilman Van Deventer asked Planning Director Gerschler what consideration has been given to employee parking in this new shopping center? Planning Director Gerschler stated the only consideration is by virtue of the Code setting an overall formula for parking that's based upon general considerations of employees and so on; as far as the parking on "N" Avenue is concerened, this can be used for parking; the street is wide enough to support two lanes of parking; the shopping center is not very much above the minimum require- ments of the Code; most modern shopping centers exceed Code require- ments by 3-400% by their own option; if this shopping center is successful it is probable and likely that the parking lot will be filled; whether this will create any public safety problems, he couldn't guess at this time. Mr. Gerschler stated it is his understanding that this type of -liquor license inherently always allows beer and wine for consumption off the premises. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. OTHER BUSINESS CITY MANAGER CITY MANAGER GILL stated the committee selected by Council to review the Chamber of Commerce's request for a change of names of certain streets within National City to permit freeway identification signs which would better direct traffic tecie ational City's business district made three recommendations which/proved by the Chamber's Board of Directors and are not opposed by the Mile of Cars President; the three recommendations submitted to Council for approval are (1) to rename "Main Street", from Roosevelt to National Avenue, and all of "National Avenue" within National City, to "National City Boulevard"; (2) rename "National Avenue", from Division Street to Main Street, "Osborn Street", to match the two block long Osborn Street within the City of San Diego; and, (3) rename "13th Street", from Tidelands to National Avenue, to "Civic Center Drive". Moved by Morgan, seconded by Camacho, we approve the committee's recommendations. There was discussion. GEORGE WEBSTER, Manager, National City Chamber of Commerce, was present and 5/23/73 160 stated since 1965, when I-5 opened in this area we have lost millions of dollars in volume; if this name is changed to "National City Boulevard," the problem will be solved once and for all; National Avenue is the most important business thoroughfare in National City and it is not named on the freeway signs once. City Manager Gill stated all owners on National Avenue will be notified of the change. Carried by unanimous vote. CITY MANAGER GILL stated that if Jarvis -Gann, Proposition 13 passes, the City would be prohibited from modifying the Business License Ordinance which presently limits the amount of revenue the City receives from Business Licenses to $150,000.00 a year; this can be the policy of the Council but in case Prop. 13 passes it would be out of Council's hands and it is recommended this particular delimiting phase out of the Ordinance at this time by an Urgency Ordinance. Moved by Camacho, seconded by Van Deventer, in favor of the City Manager's recommendation. Carried by unanimous vote. Moved by Camacho, seconded by Waters, this Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1627 "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING ORDINANCE 1615 RELATING TO BUSINESS LICENSE FE S AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1627 be adopted. Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF PLANNING DIRECTOR GERSCHLER reported in regard to the Planning Commission's meeting last night; actions on Zone Variances and Conditional Use Permits have a 15 day appeal period; the Council is generally notified of those actions 3 days after the Planning Commission meeting at which time Council decides whether or not they want to appeal the action; there will be no Council meetings on May 30 and June 6; therefore, the 15 day period will run out before the next meeting and there will be no opportunity for Council to apeal. Mr. Gerschler advised Council of the actions taken by the Planning Commission last night so Council could have the opportunity either appeal or file those two cases; a Zone Variance to split property located between 27th and 23th between "C" and "D" Avenues, Z-3-73; and a Conditional Use Permit, CUP 1973-9 approving the application for a CUP to allow development of an automotive machine shop to be operated as an incidental use to the existing auto parts and accessory business at 34 E. 17th Street, staff recommends these two reports be filed. Moved by Waters, seconded by Camacho, we file them. Councilman Dalla stated that due to the unusual circumstance of not having a meeting for two weeks, the propertthing to do would be to appeal both these items without prejudice so that they have an opportunity for a fair hearing. Moved by Van Deventer, seconded by Dalla, the motion be amended in favor of Councilman Dalla's recommendation. City Attorney McLean stated the motion to file has no effect on the right of a property owner to appeal. Amendment failed, by the following vote, to -wit: Ayes: Dalla. Nays: Camacho, Waters, Morgan. Abstain: Van Deventer. Motion carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. PLANNING The Planning Department's recommendation to continue to June 13, 197c, the TENTATIVE SUBDIVISION MAP, PALM VIEW TERRACE, a one lot condominium subdivision, 940 Palm Avenue, Hardesty Homes, Inc., was presented. Moved by Waters, seconded by Van Deventer, in favor of staff's recommend- ation to lay over to June 13, 1973. Carried by unanimous vote. 5/23/73 161 Mrs. Margaret R. Bell's request that City Council initiate GENERAL PLAN CHANGE, 3109 East 3th Street, from Neighborhood Commercial to General Commercial, (GP-2-78 [b]) (Mrs. Bell would like to establish a fast food type restaurant on the subject property; the requested general plan change and a subsequent rezoning to CBD are needed to achieve her objective; the Planning Commission considered this request and denied it, at its meeting of May 8; staff recommends that Council select one of the following alternative actions [1] initiate amend- atory proceedings as requested, instruct the Planning Commission to set this matter for public hearing on June 12, 1978 and instruct staff regarding mailing of notice to adjoining property owners; or, [2] file this request to initiate general plan change) was presented. Moved by Waters, seconded by Morgan, in favor of the request of the individual to have a zone changee. Planning Director Gerschler stated to the east and north is a residential area. Motion carried, by the following vote, to -*gait: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. TRAFFIC SAFETY COMMITTEE The Traffic Safety Committee's recommendation from their May.10, 1973 meeting, continued from Council meeting of May 16, 1978 (Council tabled item b, McKinley Avenue Parking Plan, at the meeting of May 16th and proposed a special parallel parking configuration of the west side of McKinley in the 2100 and 2200 blocks; this proposal was submitted to three major businesses in the area and they registered no objections; staff recommends restoring unmarked parallel parking on the east side of McKinley and special "bumper to bumper" parking stalls with red curb separations on the west side in the 2100 and 2200 blocks) was presented. Moved by Van Deventer, seconded Waters, in favor of staff's recommendation. Carried by unanimous vote. MAYOR MAYOR MORGAN stated that when Senator Jim Mills came before Council to report on his proposed bill he suggested it might be in order to lay the bill over for more study. The Mayor said he would like to go on record as asking him and Assemblyman Kapiloff to lay over the bill for us to study and send it back next year. Moved by Aorgan, seconded by Van Deventer, we authorize the Mayor to send a letter and ask Mr. Kapiloff and Mr. Mills if they'd lay these bills over until next year and we would definitely make a recommendation at that time, our stand on it and what we thought would be best for ou City. Councilman Van Deventer stated, as the city's representative to the CPO, he feels this is the concern of every city; everyone would like to look the text of the bill in greater detail as to what could and couldn't be consolidated and if an approach could be made so CPO could work out their problems themselves and work with Senator Mills on solving the problems. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. MAYOR MORGAN brought up the matter of the Pony League World Series in National City and the concern of local Pony League officials over what will become of the profits accrued from the World Series. Mayor Morgan recommended that the $4,000 already given to the Pony League as "seed money" and the $500 donation for a full page ad in the World Series program be a grant from the City and the local Pony League officials and the Chamber of Commerce handle the program and have full control over disposition of the profits after expenses are met; the Mile of Cars Assoc. had placed a stipulation in their guarantee that they would have a voice in determining what charitable organization would share any profits. There was discussion of the $15,000 Council authorized to underwrite the World Series. Moved by Morgan, seconded by Waters, the Mayor's recommendation be approved. City Manager Gill read aloud that portion of the Council minutes of November 8, 1977, at which time the Council authorized the $15,000 and the Mayor stated the Mile of Cars Assoc. might put up an additional $15,000. There was 5/23/78 162 further discussion: the possibility that the City of Pasadena, Texas, had not picked up their option for the second year World Series was because they lost money; that the City of National City was to work with the Pony League and the $15,000 was a loan that was to be repaid to the City; why the. Mile of Cars Assoc. stipulated they would have a voice in the disposition of any profits; there is nothing in writing, everything is verbal; there was an impression the Mayor had asked the Pony League for a letter to the City stating they did not want the City involved but some of the officials don't want the City to drop out because they will not have the support of the people. GEORGE WEBSTER, Manager, Chamber of Commerce, was present and stated the Chamber agreed to help with the World Series; they are helping with staff and facilities and they would continue their support if the City withdrew its support. There was further discussion. Motion failed by the following vote, to -wit: Ayes: Morgan. Nays: Dalla, Camacho, Van Deventer. Abstain: Waters. Moved by Camacho, seconded by Van Deventer, we meet as quick as possible with all members of the Pony League who are involved or participating in the development of the funds for the National City Pony World Series, that we talk with these people and find out exactly where they are financially and then the Council can make a final determination after we discuss this matter. There was further discussion. Motion carried by unanimous vote. MAYOR MORGAN stated the Community Development Commission requested the following funds by July 15, 1973: (1) $75,000 loan for planning Amendment No. 1 to the Center City Redevelopment Project at 6% annual interest rate repayable by the Community Development Commission within 3 years or by July 15, 1981 in a lump sum from whatever source the Community Development Commission may lawfully repay; (2) $100,000 loan for planning Amendment No. 1 to the South Bay Town & Country Redevelopment Project and for public works design and construction [Edgemere Avenue an improvement of drainage structure at Sweetwater Road and Edgemere Avenue]; this would be at 6% annual interest rate repayable within 3 years or by July 15, 1981 in a lump sum from what- ever source the Community Development Commission may lawfully repay. Moved by Morgan, seconded by Van Deventer, this be referred to the Finance Committee and this Finance Committee will meet after Jarvis, if Jarvis goes in there won't be anything there anyway. Carried by unanimous vote. CITY COUNCIL - No reports. Moved by Dalla, seconded by Van Deventer, the meeting be adjourned to June 13th. Carried by unanimous vote. The meeting closed at 9:00 P.M. CITY CL i K 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 June 13, 1973. Corrections orrections MAYR CITY OF NATIONAL CITY, CALIFORNIA 5/23/73