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HomeMy WebLinkAbout1978 08-22 CC MIN224 MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AIM HELD ON AUGUST 22, 1978 The adjourned meeting of the City Council of the City of National City was called to order at 6:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager McCabe followed with invocation by the Rev. Larry Beardsley, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of August 15t 1978 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS Mayor Morgan's proposed reappointment of Lillis Hlawatsch to the Board of Library Trustees was presented. Moved by Camacho, seconded by Van Deventer, the appointment be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. PUBLIC ORAL COMMUNICATIONS JAIME LETT, 1121 "D" Avenue, was present and stated three weeks ago he presented a petition opposing the change in the Library hours; he would like to see the hours restored. Councilman Waters reported receiving 14 calls regarding the hours at the Library. Mayor Morgan stated the City will have a difficult time next year balancing the budget; if business picks up next year, that will help the City; the budget is $900,000 short this year and he anticipates serious problems next; the City Manager was asked to report monthly on the status of the budget. MR. AND MRS. STEFAN SWIPIARSKI, 735 Woodlawn Avenue, Chula Vista, (owners of a liquor store, a non -conforming use, in the small shopping center at 25th and National) were present and said they wished to move into larger space in the same building but cannot because of zoning. Plan. Dir. Gerschler stated the property is zoned CA, Commercial Automotive, a very' narrow zoning category; there are two problems, relocating the liquor store and the use for the area; either a zoning or code change will help the long term problem and referring the matter to the Planning Director and City Attorney could help solve the immediate problem of relocation. Moved by Camacho, seconded by Van Deventer, this be referred to the Planner for further study and bring back a report to Council on changing the liquor store. Carried by unanimous vote. Councilman Dalla requested Council consider Item 18 at this time. Item 18, U.S. NAVAL OCEAN SYSTEMS' CENTER'S request to serve BEER at the employees' picnic in KIMBALL PARK (on June 13, 1978 the Council approved a request from the Center to hold its annual employees' family picnic in Kimball Park September 9, 1978; naval officials now request authoriza- tion to serve beer with their picnic lunches; the Police Department has found no reason to object to the Navy's request; staff recommends that the request to serve beer at this event be approved) was presented. Moved by Waters, seconded by Van Deventer, the request to serve beer at the emplyees' picnic be okayed in Kimball Park. There was discussion regarding security. DONNA WILLIS, picnic chairman, outlined their plans. 8/22/78 225 Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presentec to Council by title only. Carried by unanimous vote. Resolution No. 12,826, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Hoover Avenue & Roosevelt Avenue from 18th Street to 21st Street, Assessment District No. 137)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,826 be adopted. Carried by unanimous vote. Resolution No. 12,827, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUND- ARIES OF ASSESSMENT DISTRICT (Hoover Avenue & Roosevelt Avenue from 18th Street to 21st Street, Assessment District No. 187)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,827 be adopted. Carried by unanimous vote. Resolution No. 12,828, "RESOLUTION OF INTENTION (Hoover Avenue & Roosevelt Avenue from 18th Street to 21st Street, Assessment District No. 187)." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,828 be adopted. Carried by unanimous vote. Resolution No. 12,829, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THE NECESSARY REVENUES TO BE RAISED FROM THE REAL PROPERTY TAXES FOR THE 1978-79 FISCAL YEAR." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,829 be adopted. Carried by unanimous vote. Resolution No. 12,830, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FIXING AND ADOPTING THE TAX RATE FOR THE 1978-79 FISCAL YEAR." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,830 be adopted. Carried by unanimous vote. Resolution No. 12,831, "RESOLUTION AUTHORIZING THE NATIONAL CITY PUBLIC LIBRARY TO PARTICIPATE IN THE CALIFORNIA LIBRARY SERVICES ACT." Moved by Camacho, seconded by Van Deventer, Resolution No, 12,831 be adopted. Carried by unanimous vote. Resolution No. 12,832, "VACATION OF PORTIONS OF TWENTY-FOURTH STREET BETWEEN NEWELL STREET AND LAS PALMAS PARK," Moved by Van Deventer, seconded by Camacho, Resolution No. 12,832 be adopted. Carried by unanimous vote. Resolution No. 12,saa, "Authorizing Council to File Argument in Favor of Ballot Measure." Moved by Camacho, Resolution No. 12,833 be adopted. Motion died for lack of second. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 6 dated August 22, 1978 in the amount of $33,956.73 (Warrants Nos. 62712 through 62773) was presented. Moved by Camacho, seconded by Van Deventer, this be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The Director of Public Works' recommendation to approve CHANGE ORDER NO. 1 to contract for MODIFICATION OF 7TH STREET CHANNEL BRIDGE, Spec. No. 869 (During construction it was found that steel reinforcement of the existing bridge did not coincide with the "as -built" plans; exploratory cuts were made in the bridge deck to locate steel reinforcement and to allow redesign of guard rail anchorage; the exploratory work was accomp- lished per specifications on a time and materials basis at a total cost of $645.72; due to changed condition, concrete was delayed 30 days; staff recommends approval) was presented. Moved by Camacho, seconded by Dalla, this be approved. Carried by unanimous vote. 8/22/78 226 The City Engineer's 1911 ACT ASSESSMENT PROCEEDING REPORT, ALLEY between NATIONAL CITY BOULEVARD and ROOSEVELT AVENUE NORTH OF 2ND STREET (petitioners of 78% of the benefit area adjacent to the alley have requested grade and pave with concrete; staff recommends Council accept the 1911 Act petition and order the City Engineer to prepare report, plans and specification) was presented. Moved by Van Deventer, seconded by Camacho, we accept the 1911 Act and order the City Engineer to prepare plans and specifications. Carried by unanimous vote. The Director of Public Works' recommendation that utility and public service agencies be EXEMPTED FROM PRINT FEES contained in Resolution No. 12,782 (the San Diego Gas & Electric Company has requested that they be exempted from paying for prints and other information documents as required by Resolution No. 12,782; if the exemption is approved by Council the cost to the City in reduced revenues could approximate $25.00 per month; staff recommends all utilities and public entities, such as SDG&E, Pacific Telephone, Sweetwater Authority, CalTrans, County of San Diego and Cities be exempted from the fee charges required under the resolution) was presented. Moved by Camacho, seconded by Van Deventer, this be approved. Carried by unanimous vote. Item 18, Request to serve beer at employees' picnic in Kimball Park taken care of earlier in the meeting. Director of Building & Housing's recommendation regarding the request from the NAVY LEAGUE to WAIVE BUILDING RENTAL FEES in connection with a Salute to Navy Week Banquet (the South Bay Cities Council, Navy League of the United States will hold its annual Ms. Naval Services Banquet in the Kimball Community Building September 25, 1978; this event is a part of the City's 21st Annual Salute to Navy Week; approximately 100 persons are expected to attend; the Navy League has made the following requests in connection with this event: [1] authorization to serve alcoholic beverages with the meals; [2] waiver of building rental fees and custodial charges; [3] waiver of the City policy requirement for a Certificate of Insurance submittal; since this event is a part of National City's week-long salute to the Navy, staff recommends the requests be granted) was presented. Moved by Della, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. The application for person transfer OFF -SALE BEER AND WINE LICENSE from Basim and Hazim Younam dba FARMER'S DISCOUNT STORE, 1535 18th Street was presented. Moved by Waters, seconded by Camacho, in favor of Item 20, liquor license application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. The Director of Building & Housing's recommendation regarding the request from MAAC PROJECT for WAIVER OF BUILDING RENTAL FEES (the City -based MAAC Project will hold a luncheon in the Kimball Community Building on September 15, 1978; the purpose of the luncheon is to raise funds for MAAC Project's annual Christmas party for some 1600 needy South Bay children; approximately 200 persons are expected to attend; the event will be held during regular working hours; therefore, no custodial charges will be assessed; staff recommends that the Building Rental Fees in the amount of $80.00 be waived and that the Refundable Cleaning Deposit in the amount of $50.00 be paid by the MAAC Project) was presented. Moved by Waters, seconded by Dalla, the request from the MAAC Project for waiver of rental fees be approved. Carried by unanimous vote. OTHER BUSINESS PLANNING The Planning Commission's report on GENERAL PLAN CHANGE 2-78, Items 3 and 4, GP-2-78, the proposal to reduce densities within the area bounded by 18th Street, Highland Avenue, 24th Street and National Avenue (the Planning Commission recommended the three alternatives referred by Council be scheduled for hearing as part of GP-3-78 in October and that new notices be sent to property owners; staff concurs with the Planning 8/22/78 227 Commission recommendation) was presented. Moved by Waters, seconded by Van Deventer, this be referred back for the (GP-3-78) hearing in October. PLANNING COMMISSION - NOTICES OF DECISION Item 23, Planning Commission Resolution No. 69-78, denying an application for planned development permit to allow development of an eight -unit apartment building on property at 1107 "B" Avenue (PD-97). Ordered filed by unanimous vote. Item 24, Planning Commission Resolution No. 70-78 approving an applica- tion for planned development permit to allow development of one detached single-family dwelling at rear of 1901 "B" Avenue (PD-116). Moved by Van Deventer, seconded by Camacho, in favor of 70-78. Carried by unanimous vote. Item 25, Planning Commission Resolution No. 71-78, approving an applica- tion for planned development permit to allow development of a four -unit condominium at rear of 1846 E. 9th Street (PD-117). Moved by Camacho, seconded by Van Deventer, for approval. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF CITY CLERK CAMPBELL inquired if Council desired to have an impartial analysis of the ballot measure (police retirement) for November (showing the effect of the measure on existing law and operation of the measure) for the Voter's Pamphlet; if so, tonight would be the last opportunity to direct the City Attorney to prepare the analysis. No action taken. MAYOR - None. CITY COUNCIL VICE MAYOR CAMACHO asked Asst. Police Chief Reed, present in the audience, why the Boll Weevil was closed; was there an infraction or something? Chief Reed stated he had no knowledge of it. COUNCILMAN DALLA referred to the POLICE RETIREMENT issue scheduled for the November 7th ballot; there seems no reason now to prepare such a ballot in light of Proposition 13 which eliminates the City's ability to fund such a retirement. In answer to a question from Councilman Dalla, City Clerk Campbell stated it would cost the City between $1500-2500 to have the measure on the November ballot. Moved by Dalla, seconded by Camacho, the Municipal Election be cancelled. City Attorney McLean stated there is no doubt in his mind that it is legal to cancel the election; this is a political question. Discussion. Carried by unanimous vote. The City Clerk requested a resolution be adopted to formalize the action. The City Attorney began drafting a resolution. COUNCILMAN VAN DEVENTER inquired about the microphone system. Dir. Bldg. & Hous. Biggs was present and said they are pursuing the purchase of a new system. COUNCILMAN DALLA said in reference to Mr. Lett's statement about the Library hours; he should be reminded that it is the Library Board that sets hours after long deliberation. MAYOR MORGAN stated if the people want more Library services, the City may have to put a measure on the ballot to increase taxes to support more services at the Library; it would require a 2/3 vote; the Library Board might want to consider it. JOEL SIEGFRIED, City Librarian, was present and spoke of the Library hours in other cities resulting from passage of Proposition 13. Mr. Siegfried stated the Library Board has taken Mr. Lett's petition under advisement; he understands that it is 8/22/78 228 difficult to have reduced hours; but the Board made a study of community useage and circulation on an hourly basis before setting the hours and no services have been cut, or a user fee established, or any increase in fees made. City Attorney McLean said he had a resolution to present. Moved by Dalla, seconded by Camacho, the resolution be read by title. Carried by unanimous vote. Resolution No. 12,833, "RESOLUTION RESCINDING THE CALLING OF A SPECIAL MUNICIPAL ELECTION TO PRESENT TO THE VOTERS OF NATIONAL CITY THE QUESTION OF RESCINDING A POLICE RETIREMENT PROGRAM WITH BENEFITS COMMENCING AT AGE 50 YEARS." Moved by Waters, seconded by Dalla, Resolution No. 12,833 be adopted. Carried by unanimous vote. MAYOR MORGAN called an Executive Session on legal matters at 6:55 p.m. Council reconvened at 7:02 p.m. ROLL CALL Present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None, Moved by Morgan, seconded by Camacho, Council be recessed until 8:00 p.m. to attend opening day ceremonies at the Pony League World Series. Carried by unanimous vote. Council reconvened at 8:30 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan,. Absent: None. PUBLIC HEARINGS The CONTINUED HEARING on proposed ZONE CHANGE to rezone from RM-1-D-10 to RS-2-D-10 properties in the block bounded by Prospect Street, 20th Street, Euclid Avenue and 22nd Street, ZC-8B-78 (Council conducted a public hearing on ZC-8B-78 on July 25th, continued the hearing to August 22 and referred the matter back to the Planning Commission to consider reducing the zoning density to 7.5 and add a one story H-15 height limit in lieu of proposed rezoning to RS-2; a reduction in zoning density from 10 to 7.5 would closely match the existing densities of single-family lots within the block and allow development of the larger lots at a comparable density; staff and the Planning Commission recommend Council deny the proposed rezoning to RS-2 and initiate zone change proceedings to add H-15 height limit zoning and rezone to Density 7.5) was presented. Asst. Planning Dir. Gunnarson was present and stated to implement staff's recommendation they will need to hold new hearings and send out new notices and come back to Council at another time. DENNIS METTLER, 2243 Lanoitan Avenue, was present and stated he was concerned about the proposed height limitation; he would like it to stay as it is because with 7.5 density they will have to improve 22nd Street and pave the easement access; lower density would make fewer units and fewer rentals and less money for street improvements. FRED BAKER, 2020 Euclid Ave., was present and stated he would prefer maintaining the existing zoning but can live with a density of 7.5; he didn't like the height limitation; nothing would be gained because you would still be looking down on other people's property. DENNIS METTLER, returned to the podium and displayed photographs of his property showing neighbors adjacent and to the south of them with two story homes. Planning Director Gerschler stated the Planning Commission can consider the whole spectrum. Moved by Van Deventer, seconded by Morgan, in favor of staff's recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. 8/22/78 229 The HEARING on EXTENSION OF INTERIM ORDINANCE NO. 1618, prohibiting conversions of apartment houses and duplexes to condominium or community apartment -form of ownership (this Ordinance expired 7/21/78 but can still be extended; an extension will be necessary to allow Council and the Planning Commission to complete their study of this issue and develop policy guidelines as appropriate; since the original Ordinance adoption, a general plan amendment was recommended by the Planning Commission and adopted by Council which prevents conversions of small apartments and duplexes; however, the issue of larger apartments being converted to condominiums requires further study; staff recommends Council extend Ord. 1618) was presented. City Clerk Campbell stated the Certificate of Publication was on file. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing on Interim Ordinance be closed and extend Ordinance 1618 for one year. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE to rezone from RM-1-D-10 to RS-2-D-10 the properties in the block bounded by 18th Street, Rachael Avenue, 20th Street and Granger Avenue, excluding the commercial zoned properties at 1815 Granger and 2808 and 2822-28 E. 18th Street, ZC-9-78 (this is a city -initiated rezoning; it is one of the apartment area rezoning cases initiated by the Planning Commission; the staff and Planning Commission recommend approving the subject zone change) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file and written protest was received from Mr. and Mrs. A.J. Tipp, 3055 E. 20th Street. Asst. Plan. Dir. Gunnarsoni was present and displayed a map outlining the area; he stated the effect of this zone change would be to limit all new construction to no more than one house on each lot within the blocks outlined; the area includes 70 parcels containing 45 single-family residences, 19 two-family residences, 3 multi -family residences, two vacant parcels and one parcel containing a water tank; of the 70 parcels within the area, ten would be affected by the proposed rezoning; nine of these could now yield a duplex and one a triplex; the rezoning would limit each of the ten to a maximum of one dwelling unit. PATRICIA POCH, 2036 Del Pico Way, Spring Valley, was present and stated his mother bought four properties adjoining and two are zoned R2 and they planned to build another unit on them; one property is at 3012 E. 19th and another at 3006 E. 19th Street, they can build an additional unit under the current zoning but the new zoning would limit them to one unit per lot. Asst. Plan. Dir. Gunnarson stated the Planning Commission recommends the block be rezoned to single family. PAT MCGEEHAN, 3055 E. 20th Street, was present to speak on behalf of his parents; their property is 66'x297'; his parents feel discriminated against; they bought property 28 years ago with a R-4 zoning on it; they had no intention of developing the property at that time, now with property developed all around them they would like to do the same; they relinquished some property for the 19th Street alleyway. Asst. Plan. Dir. Gunnarson, stated this lot is big enough to divide. Mr. McGeehan stated this devaluates their property; they had future plans to develop another house on the property and were favoring a two story dwelling; he wanted to be on record as being against this change. PHYLLIS NOLLET, 3015 E. 20th Street, was present and stated the few people who are capable of applying for and building two on a lot would not make for a high density problem; she talked to people in the neighborhood to see if they objected to putting two on a lot; no one cared; there is not the density problem here that exists in some other areas of the City; this is discrimination and lodged a protest as such. Mrs. Poch returned to the podium and stated this property has provided income for her mother and she, Mrs. Nollet and her mother own the property and they may have to put on an extra dwelling to help stay off the dole. DOROTHY MIZGER, dwner of the property at 2936 E. 18th, was present and stated her property runs from 18th to 19th Street; the property is 285.15'xll' wide; she is for leaving the zoning as it is; they have one building on a whole half acre. Discussion. The Asst. Planning Dir. outlined the current density of the ten lots that would be affected by the proposed rezoning; nine of these could now yield a duplex, and one a triplex; the rezoning would limit each of the ten to a maximum of one dwelling unit; two of the properties could be divided to yield 3 units each. Moved by Camacho, seconded by Waters, the Planning Commission recommendation for 8/22/78 230 changing the zoning be denied and close the public hearing. (No action taken on this motion.) There was discussion. Planning Dir. Gerschler stated a density figure could be devised to allow more density than the proposed change but less than present. Council could take into consider- ation the sizes of the lots. Moved by Morgan, seconded by Dalla, the motion be amended and it be referred back to staff and Planning Commission look at the density. Amendment carried by the following vote, to -wit: Ayes: Dalla, Van Deventer, Morgan. Nays: Camacho, Waters. Moved by Morgan, seconded by Dalla, the public hearing be continued until 7:45 p.m., Tuesday, October 3z 1978. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Morgan. Nays: Camacho, Waters. Asst. Plan. Dir. Gunnarson stated this will be on the Planning Commission's Agenda September 25th. Planning Director Gerschler encouraged those people who were interested in this case to attend the Planning Commission meeting. Item 5, the HEARING ON APPEAL of Planning Commission DENIAL of application for ZONE VARIANCE to allow reduction in required setback in conjunction with the proposed development of a 41-UNIT MOTEL between Roosevelt and National Avenues, 600 block, Z-6-78 (the Planning Commission recommended denial of the application; staff does not concur; evidence and testimony presented at the public hearing seem to support the variance); and, Item 6, the HEARING ON APPEAL of Planning Commission DENIAL of application for PLANNED DEVELOPMENT PERMIT to allow development of a 41-UNIT MOTEL with a manager's apartment on property between Roosevelt and National Avenues, 600 block, PD-111, (The Planning Commission recommended denial of the application because the applicant failed to show: [1] the site for the proposed use is adequate in size and shape; [2] the site has sufficient access to streets; [3] the proposed use will not have an adverse effect upon adjacent or abutting properties; [4] the proposed use is deemed essential and desirable to the public convenience and welfare; staff supports and recommends the proposed use and the plan submitted but must recommend denial until the impact upon parking facilities for the Westerner night club has been resolved; the proposed motel would occupy space now used for 51 off-street parking spaces for the Westerner; the Westerner is already a "lawful nonconforming use" because it does not have enough parking to meet code requirements; the Land Use Code stipulates that such nonconformity cannot be further reduced; to do so would be a zoning violation; thus approval of the motel project as submitted would create a zoning violation) was presented. City Clerk Campbell stated the Certificates of Publication and Affidavits of Mailing were on file. Plan. Dir. Gerschler reported the Planning Commission denied both cases on the grounds that property showings for zone variance and planned development were not made; staff does not agree with the Planning Commission decision; there are sufficient grounds; the neighboring properties enjoy the same privileges sought by the applicant; many revisions have been made to the original plans; the land that will be occupied by the motel is now occupied by the Westerner Night Club, a lawful nonconforming use, for off-street parking; the City Attorney has advised on the impropriety of granting permits before the parking situation is solved as the reduction of parking available for the Westerner raises significant practical and legal questions. MAYOR MORGAN stated he has checked the parking at the Westerner every night and never found where they had more than a few cars on the lot; there were only 4-5 cars there Saturday night. Plan. Dir. Gerschler said at the Planning Commission the opponents displayed pictures which showed substantial use of the lot; staff investigation shows substantial use of the lot; and the owner, Harold Dodds, stated the parking by patrons of the Westerner is substantial; this is a legal question. Discussion. In answer to a question posed by Councilman Van Deventer, the Planning Director said he thought the variance was reasonable; it would allow for a noise buffer and allow for landscaping. F. JAWS BEAR, 616 National City Blvd., attorney representing the E-Z 8 Motel, was present and displayed plans for the 2-story, 41-unit motel with setbacks on National City Blvd. 22' and 28'; 0' north and south; entrance on Roosevelt; the reduced setback caused his initial objection to the project but he and others in the area agree now that there is sufficient setback for the benefit of the public with nice landscaping and a park -like setting. Mr. Bear described the motel appearance from both National City Boulevard and Roosevelt Ave. 8/22/78 231 tit. Bear said any use of this area is going to take up parking places; the Westerner is a nonconforming use but it has been there and you can't change the use up or down; the parking is a false issue; this is a fundamental policy decision of Council; there is parking available on 9th Street, 7th and Roosevelt; you will never be faced the problem of people parking in residential area; if you enforced the parking there would be no need for these spaces; other businesses in the area, such as Antonios use the lot; we need Council direction. Mr. Bear displayed a rendering of the 3-story, 52-unit E-Z 8 Motel in Mission Valley which would comply with all setbacks; the parking on the National City Blvd. facility could be on the outside or between the setbacks; which would Council prefer, the 2-story or 3-story motel? Plan. Dir. Gerschler stated he hasn't gone over the plan for 3-story unit but the 2-story, 41-unit motel is a well designed project. Mayor Morgan stated if the City can have motels from 7th Street to the Nite Lite Inn this would squeeze out the less desirable places as they won't have parking places and it might help clean up the area. City Attorney McLean stated the real question in this case is zoning; as provided in Municipal Code Section 18.108.070, use made nonconforming by off-street parking requirements which states ..."any use which is conforming only because of changes made in the off-street parking requirements by the adoption of the National City Land Use Code, or any amendment thereto, may be expanded, increased or modified, or converted to a conforming use and no addition to, or change in, the off-street parking facilities shall be required; if the existing off-street parking facilities are not sufficient to comply with the requirements of this title after such expansion, increase or modification, additional parking facilities shall be added..." this does not apply to entertainment and public assembly type uses. City Attorney McLean continued in the case of the Westerner it is contended the property has been dedicated for parking to the Westerner; if true, the parking lot still doesn't come up to standards; 165 off-street parking spaces are presently available for use by the Westerner; development of the motel will remove 51 spaces, leaving 113, approximately 100 short of what would be required today if a new night club was to be developed; the City has a right to abate a non -conforming use; another approach is to adopt rules and regulations short of terminating them as outlined in Section 18.108.070; Council must first hear the evidence in the case before making a decision. Mayor Morgan stated over the years Council has encouraged building on the north half of the property. Discussion. P. JAMES BEAR stated there is more than one way to resolve the problem; he doesn't believe the land is dedicated to parking as a unit other than striping; the parking is not committed solely to the Westerner, as others in the area are using it. JAMES J. GRANBY, 110 West A Street, San Diego, attorney for the Nite Lite Inn, was present and stated he was present to speak on opposition to this case. (Councilman Waters left Council Chambers at 10:10 p.m. and returned at 10:12 p.m.) Mr, Granby displayed a picture showing cars on the "parking lot" and said the Planning Commission decided the applicant failed to show that the use will not have an adverse effect upon the adjacent properties or that the site has sufficient access to the streets, whether Council can intensify a non -conforming use is a legal question and one which Council may not be able to answer; however, the elimination of parking will cause problems in the area; the parking area that is there is used; it is stated that approximately 50 spaces will be eliminated; the Nite Lite Inn has had problems with crime and prostitution in the area; Mr. Grosvenor (owner of Nite Lite) has talked to people in the area about a row of motels and they have indicated a desire for it; except for the location of this motel, they would not be before Council tonight; they are taking 50 parking spaces that are used and needed; there are approximately 60 people who live east of National City Blvd, and they will experience security problems in their area if these parking spaces are removed; the residents will suffer an increase in vandalism and crime; they do not deserve to have these problems. (City Attorney McLean left Council Chambers at 10:17 p.m. and returned at 10:20 p.m.) Discussion. Mr. Gerschler stated the Nite Lite Inn has been granted a variance and the question is one of allowing one property owner that which has been allowed to another. In response to a question, City Attorney McLean stated there is something significant 8/22/78 .1 231 Mr. Bear said any use of this area is going to take up parking places; the Westerner is a nonconforming use but it has been there and you can't change the use up or down; the parking is a false issue; this is a fundamental policy decision of Council; there is parking available on 9th Street, 7th and Roosevelt; you will never be faced with the i -oblem of people parking in residential areas; if you enforced the parking there would be no need for these spaces; other businesses in the area, such as Antonios use the lot; we need Council direction. Mr. Bear displayed a rendering of the 3-story, 52-unit E-Z 8 Motel in Mission Valley which would comply with all setbacks; the parking on the National City Blvd. facility could be on the outside or between the setbacks; which would Council prefer, the 2-story or 3-story motel? Plan. Dir. Gerschler stated he hasn't gone over the plan for 3-story unit but the 2-story, 41-unit motel is a well designed project. Mayor Morgan stated if the City can have motels from 7th Street to the Nite Lite Inn this would squeeze out the less desirable places as they won't have parking places and it might help clean up the area. City Attorney McLean stated the real question in this case is zoning; as provided in Municipal Code Section 18.108.070, use made nonconforming by off-street parking requirements which states ..."any use which is conforming only because of changes made in the off-street parking requirements by the adoption of the National City Land Use Code, or any amendment thereto, may be expanded, increased or modified, or converted to a conforming use and no addition to, or change in, the off-street parking facilities shall be required; if the existing off-street parking facilities are not sufficient to comply with the requirements of this title after such expansion, increase or modification, additional parking facilities shall be added..." this does not apply to entertainment and public assembly type uses. City Attorney McLean continued in the case of the Westerner it is contended the property has been dedicated for parking to the Westerner; if true, the parking lot still doesn't come up to standards; 165 off-street parking spaces are presently available for use by the Westerner; development of the motel will remove 51 spaces, leaving 113, approximately 100 short of what would be required today if a new night club was to be developed; the City has a right to declare a non -conforming use; another approach is to adopt rules and regulations short of terminating them as outlined in Section 18.108.070; Council must first hear the evidence in the case before making a decision. Mayor Morgan stated over the years Council has encouraged building on the north half of the property. Discussion. F. JAMES BEAR stated there is more than one way to resolve the problem; he doesn't believe the land is dedicated to parking as a unit other than striping; the parking is not committed solely to the Westerner, as others in the area are using it. JAMES J. GRANBY, 110 West A Street, San Diego, attorney for the Nite Lite Inn, was present and stated he was present to speak on opposition to this case. (Councilman Waters left Council Chambers at 10:10 p.m. and returned at 10:12 p.m.) Mr. Granby displayed a picture showing cars on the "parking lot" and said the Planning Commission decided the applicant failed to show that the use will not have an adverse effect upon the adjacent properties or that the site has sufficient access to the streets' whether Council can intensify a non -conforming use is a legal question and one which Council may not be able to answer; however, the elimination of parking will cause problems in the area; the parking area that is there is used; it is stated that approximately 50 spaces will be eliminated; the Nite Lite Inn has had problems with crime and prostitution in the area; Mr. Grosvenor (owner of Nite Lite) has talked to people in the area about a row of motels and they have indicated a desire for it; except for the location of this motel, they would not be before Council tonight; they are taking 50 parking spaces that are used and needed; there are approximately 60 people who live east of National City Blvd. and they will experience security problems in their area if these parking spaces are removed; the residents will suffer an increase in vandalism and crime; they do not deserve to have these problems. (City Attorney McLean left Council Chambers at 10:17 p.m. and returned at 10:20 p.m.) Discussion. Mr. Gerschler stated the Nite Lite Inn has been granted a variance and the question is one of allowing one property owner that which has been allowed to another. City Attorney McLean stated there is something significant about formally dedicating 8/22/78 232 about formally dedicating property for use; the word "dedicate" has several meanings; a more appropriate word in this case would be "committed"; it is a question of fact to decide; Council must determine from the facts that this has been committed as parking for the Westerner which can be determined from documents and comments here this evening and from the staff report and the E.I„R. Mayor Morgan asked Plan. Dir. Gerschler if his department ever thought something else could go in on this property other than a motel. Mr. Gerschler stated they did not. Moved by Van Deventer, seconded by Camacho, we grant the variance to E-Z 8 Motel Corporation stating the reason that the Nite Lite has same type of consideration in this particular case and giving up footage on National City Blvd., whatever setback will be an asset to National City Boulevard and including all conditions of staff and close the public hearing. Carried by unanimous vote. Mayor Morgan stated he does not want them to build a three story building. City Attorney McLean stated it would be appropriate to approve the special use permit as described in the staff report. Moved by Camacho, seconded by Waters, so moved subject to the conditions made by Planning and that the developer on National work with staff on development of the property? the landscaping and structure which will be acceptable to the City of National City in the form of architect- ural control and parking, (amended motion) Carried by unanimous vote. Mr. Granby asked Council when consideration would be given to environ- mental decisions. City Attorney McLean stated the E.I.R. prepared by staff and certified adequate by the -Planning Commission dealt with that. Mr. Granby stated for the record, they object to the E.I.R. as not being objective. Mayor Morgan stated when it came to .closing the south half of 6th Avenue it was understood that a motel was to go in; this is why they instigated closing off the street and why he voted for it. There was further discussion. Moved by Van Deventer, seconded by Camacho, to grant the application for special use permit subject to all conditions in the staff report and that the land has not been committed to off-street parking and with the further condition Council have architectural review of the building that faces National and specifically approve the plan as a two story plan. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:58 p.m. CITY CLERK CITOF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of September 12, 1978, EiCorrections - ;a 0 No corrections MAYOR ITY OF NATIONAL CITY, CALIFORNIA NOTE: Due to improper setting of controls, there is no tape recording of this meeting. 8/22/78 .1 232 property for use, the word "dedicate" has several meanings and it is a question of fact to decide; Council must determine from the facts that this has been committed as parking for the Westerner which can be determined from .documents and comments here this evening and from the staff report and the E.I.R. Mayor Morgan asked Plan. Dir. Gerschler if his department ever thought something else could go in on this property other than a motel. Mr. Gerschler stated they did not. Moved by Van Deventer, seconded by Camacho, we grant the variance to E-Z 8 Motel Corporation stating the reason that the Nite Lite has same type of consideration in this particular case and giving up footage on National City Blvd., whatever setback will be an asset to National City Blvd. and including all conditions of staff and close the public hearing. Carried by unanimous vote. Mayor Morgan stated he does not want them to build a three story building. City Attorney McLean stated it would be appropriate to approve the special use permit as described in the staff report. Moved by Camacho•, seconded by Waters, so moved subject to the conditions made by Planning and that the developer on National work with staff on development of the property, the landscaping and structure which will be acceptable to the City of National City in the form of architectural control and parking.(amended motion) Carried by unanimous vote. Mr. Granby asked Council when consideration would be given to environmental decisions. City Attorney McLean stated the E.I.R. prepared by staff and certified adequate by the Planning Commission dealt with that. Mr. Granby stated for the record, they object to the E.I.R. as not being objective. Mayor Morgan stated when it came to closing the south half of 6th Avenue it was understood that a motel was to go in; this is why they instigated closing off the street and why he voted for it. There was further discussion. Moved by Van Deventer, seconded by Camacho, to grant the application for special use permit subject to all conditions in the staff report and that the land has not been committed to off-street paxkiny and with the further condition Council have architectural review of the building that faces National and spec- ifically approve the plan as a two story plan. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:58 p.m. CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of September 5, 1978. 0 Corrections 0 No corr. e ions MAYOR CITY OF NATIONAL CITY, CALIFORNIA 8/22/78 NOTE: Due to improper setting of controls, there is no tape recording of this meeting.