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HomeMy WebLinkAbout1978 09-05 CC MIN233 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 5, 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, McCabe, McLean, Engr. Assoc. Onley. 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. Alan Sackett, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Waters, the minutes of the regular meeting of August 22, 1978 be approved. Councilman Dalla questioned the omission of a significant word on page 231 of the minutes which had to do with parking at the proposed new motel and the dedication of the parking for the Westerner. City Attorney McLean stated he had not read the minutes and suggested Council continue with the meeting and return to this issue. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the title of the proposed proclamation "National Cancer Day," September 8, 1978. Moved by Dalia, seconded by Van Deventer, this be approved. Carried by unanimous vote. Absent: Morgan. PUBLIC ORAL COMMUNICATIONS - None. RESOLUTIONS FOR ADOPTION Moved by Dalla, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,834, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION, TRANSFER AND ESTABLISHMENT OF FUNDS TO PAY MISCELLANEOUS EXPENDITURES." Moved by Waters, seconded by Dalia, Resolution No. 12,834 be adopted. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,835, "Resolution giving Notice of Intention to vacate and close portions of Harding Avenue between 20th and 22nd Streets, and portions of 21st Street between Wilson and Harding Avenues, (SC-8-78)." Moved by Dalla, seconded by Van Deventer, Resolution No. 12,835 be held over for two weeks. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,836, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Theresina S. Tafoya, 2923 E. 16th Street)." Moved by Van Deventer, seconded by Dalia, Resolution No, 12,836 be adopted. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,837, "RESOLUTION AMENDING RESOLUTION NO. 12,722 TO DESIGNATE NEW DATE FOR REMOVAL OF OVERHEAD UTILITY FACILITIES IN UNDER- GROUND DISTRICT (National Avenue between 8th and 12th Streets)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,837 be adopted, Carried by unanimous vote. Absent: Morgan. 9/5/78 234 Resolution No. 12,838, "RESOLUTION AMENDING RESOLUTION NO. 12,749, TO DESIGNATE NEW DATE FOR REMOVAL OF OVERHEAD UTILITY FACILITIES IN UNDER- GROUND DISTRICT 8 (National Avenue between 4th and 8th Streets)." Moved by Van Deventer, seconded by Waters, Resolution No. 12,848 be adopted. Carried by unanimous vote. Absent: Morgan. Resolution No. 12,839, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Modification of 7th Street Channel Bridge for Bicycle Passage, Specification No. 869)." Moved by Dalla, seconded by Van Deventer, Resolution No. 12,839 be adopted.. Carried by unanimous vote. Absent: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 7 dated September 5, 1978 in the amount of $38,943.95 (Warrants Nos. 62774 through 62852) and PAYROLL for the period ending August 15, 1973 in the amount of $187,099.17; and WARRANT REGISTER NO. 8 dated September 5, 1978 in the amount of $33,177.50 (Warrants Nos. 62853 through 62895) was presented. Moved by Waters, seconded by Van Deventer, warrants be drawn and these bills paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Absent: Morgan. The application for premises.transfer OFF SALE GENERAL LIQUOR LICENSE from Edwin & Pearl Schwimmer, dba ED'S LIQUOR, 2421 National Avenue was presented. Moved by Van Deventer, seconded by Dalla, in favor. Carried by unanimous vote. Absent: Morgan. The application for ON SALE GENERAL, EATING PLACE LIQUOR LICENSE from Floyd W. and Shirley D. Bridges, dba BRIDGEWAY INN, 3120 National Avenue was presented. Moved by Waters, seconded by Dalla, item 13, liquor license application be protested on 'the basis it is against the zoning laws of the City. Carried by unanimous vote. Absent: Morgan. The application for ON SALE BEER AND WINE, EATING PLACE LIQUOR LICENSE from A.T.C. Factory, Inc., dba THE VINEYARD, 1528 E-F Sweetwater Road was presented. PLANNING DIRECTOR GERSCHLER stated there is an existing lawful nonconforming use status affecting a small counter where they sell wine and beer at the present time; because of that lawful nonconforming use status, it is suggested that "B" of the four conditions attached to the issuance of this license be modified: (A) alcoholic beverage sales shall be incidental to food service; (B) theEe shall be xe baE eE eettateE eveE whisk the ee-safe aieeheiie beverages shall be sewed *e the publie. the existing beer/wine bar shall not be extended or enlarged and seats shall not be added; (C) all live entertainment and dancing shall be prohibited; (D) there shall be no sale of alcoholic beverages after midnight. Mr. Gerschler stated thse revised conditions were discussed with the applicants and were found acceptable. Moved by Waters, seconded by Dalla, item 14, liquor license application be approved with the conditions suggested by staff. JIM FARLEY, representing the Vineyard, was present and stated they concur with the conditions as presented. Carried by unanimous vote. Absent: Morgan. The Director of Public Works recommendation to APPROVE DEFERRAL of requirements to INSTALL ALLEY IMPROVEMENTS adjacent to 2736 "C" Avenue, Estepa (Mr. Estepa has an obligation under Ord. 1491 to install alley improvements adjacent to his property west of "C" not to exceed $3,834.80; alley improvements are estimated to cost about $1200; however, no alley paving exists between Mr. Estepas property and 27th Street; the improve- ment of the entire alley by a 1911 Act Assessment District would be more meaningful; the property owner agrees to sign a Covenant not to protest a 1911 Act; staff recommends approval subject to the property owner signing a Covenant not to protest a 1911 Act for alley improvements) was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. Absent: Morgan. 9/5/78 235 The Director of Public Works' recommendation to INCREASE THE LENGTH OF SAN DIEGO TRANSIT BUS ROUTE 12 by 0.3 miles (San Diego Transit recently discontinued a bus stop at Paradise Valley Road and Plaza Blvd. because of safety problems; 33 residents petitioned that bus service be rein- stated; in order to provide a bus stop in the City that is safe, approximately 0.3 miles must be added to Rte. 12; the annual cost is estimated to be $4,500; funds are available in LTF monies) was presented. Moved by Dalla, seconded by Waters, this recommendation be denied. Carried by unanimous vote. Absent: Morgan. The Director of Public Works' recommendation to APPROVE DRIVEWAY at 427 "I" Street EXCEEDING 40% OF FRONTAGE, Meneses (the property owners wish to construct a driveway 28 feet in width on a 50-foot wide lot; although this amounts to 56% of the frontage, no traffic problems are anticipated; Treasurer's receipt 4921 indicates a $25 fee has been paid) was presented. Moved by Waters, seconded by Van Deventer, in favor of the request at 427 "I" Street. Carried by unanimous vote. Absent: Morgan. The City Manager's recommendation regarding the DOG LICENSING PROGRAM (Leo Smith, a former County Animal Regulations Officer, has offered his services to the City to canvass all housing units for unlicensed dogs; Mr. Smith worked for the County Shelter for twelve years and has had a great deal of public contact selling licenses and collecting fees; Mr. Smith, on a contract basis, would charge the City $1.00 for each un- licensed dog discovered; however, the delinquent charge [$1.00 per dog] would in most cases defray the total expense of his canvassing efforts; no addititional charges or use of City equipment is anticipated; both the Police Chief and Finance Director support the program; staff recommends the program be implemented and the Police Chief be directed to bring back a working agreement for approval) was presented. Moved by Waters, seconded by Van Deventer, in favor of the concept of this dog licensing program. Discussion. Motion carried by unanimous vote. Absent: Morgan. The Assistant City Manager's recommendation regarding "RETIRED EMPLOYEES' GROUP HEALTH INSURANCE PROPOSAL (the City is able to offer its retired employees membership in the Kaiser Foundation Health Plan and has conducted a survey to find out how many retirees would be interested; results of the survey are: [1] total survey letters mailed, 86; [2] number of retirees interested in the program, 21; [3] number of retirees NOT interested in the program, 15; [4] number of retirees NOT responding, 38; [5] number of survey letters returned by the post office, 12; retirees would be under the same rates and provisions as active employees; the current rates are $32.67 per employee; $65.34 with one dependent; and $92.61 per family; the program would be provided at no cost to the City; participation should represent a substantial savings to the City's retirees; staff recommends they be authorized to proceed with the implementation of the program) was presented. ASST. CITY MGR. MCCABE stated that the cost to the City would be nothing outside of minimal administrative requirements by the Finance Department; the Finance Director stated this would not prove to be a problem; this is the most reasonable program staff can find to provide this kind of service. Moved by Waters, seconded by Van Deventer, in favor of the retired employees' group health insurance proposal. Carried by unanimous vote. Absent: Morgan. PUBLIC HEARINGS The continued HEARING on appeal of Planning Department NOTICE OF INTENTION TO ABATE AND REMOVE an abandoned, wrecked, dismantled, or INOPERATIVE VEHICLE or parts thereof as a public nuisance at 2506 Seawind Drive, ZV 78-66 (staff recommended a finding be made that this inoperative vehicle be declared a public nuisance and ordered to be removed from the premises) was held at this time. PLANNING DIRECTOR GRRSCHLER stated Melvin Crossley, owner of the vehicle, called to say he couldn't attend the meeting; he asked for a continuance. MRS. ELEANOR CROSSLEY, 2506 Seawind Drive, was present on behalf of her husband and stated he hasn't been able to remove the car but her brother-in-law is going to help him fix it sometime next week; and requested a continuance in this matter. Moved by Waters, seconded by Van Deventer, we continue this public hearing on 2506 Seawind 9/5/78 236 Drive case for three weeks. Carried by unanimous vote. Absent: Morgan The HEARING on RESOLUTION OF INTENTION NO. 12,789, alley between 18th Street to 20th Street and "K" Avenue to "L" Avenue, Assessment District No. 194 was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting were on file. ROBERT ONLEY, Associate Engineer, was present and displayed a map showing the exterior boundaries of the district and the proposed improvement area (between 18th and 20th Streets and "K" and "L" Avenues); total estimated cost of construction of $14,766.10; total incidental expenses, $3,215.00; total assessment, $17,981.10; total City contribution of $1,400.00; total amount to be assessed, $16,581.10; there are no protests. No one was present in this regard. Moved by Waters, seconded by Daila, the public hearing be closed and the Resolution of Intention No. 12,789, alley between 18th Street to 20th Street and "K" Avenue to "L" Avenue, Assess- ment District No. 194 be approved. Carried by unanimous vote. Absent: Morgan. The HEARING on appeal of Planning Commission's denial of PROPOSED AMEND- MENT TO SPECIFIC PLAN SP-36-76, 20th Street west of "N" Avenue, T.D. Eyres, (SP-36-76 for 20th Street west of "N" Avenue was adopted by Ord. No. 1576 on May 24, 1977; it establishes a future street plan which includes a cul-de-sac with 45' radius on the south side of 20th Street at its westerly terminus; the property owner whose property would be required to implement the proposed cul-de-sac has requested this amend- ment which proposed an alternative "hammerhead" driveway apron con- figuration in lieu of the adopted 45' radius cul-de-sac; the cul-de-sac as proposed in SP-36-76 would remove approximately 6250 sq. ft. of a 15,785 sq. ft parcel; this would reduce the potential yield of Mr. Eyres' property from 11 units to 7 units; the "hammerhead" configuration proposed as an amendment would remove less buildable land from Mr. Eyres' parcel and allow a maximum development potential of 11 units allowed by present zoning; Traffic Safety Committee considered the amendment at their 8/9/78 meeting and voted to recommend no change to the specific plan; the Planning Commission recommends retaining requirements of Specific Plan SP-36-76 for 20th Street west of "N" Avenue, denying the proposed amendment and closing the public hearing) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. PLANNING DIRECTOR GERSCHLER stated Mr. Eyres' has appeared at many of the meetings regarding this specific plan change in search of a design of this cul-de-sac that would cause less encroach- ment upon his property; he has shown the adopted plan will reduce the yield on his property from 11 units down to 7; the Planning Commission at his request initiated this amendment proceeding to have the opport- unity to rehear the issues and his proposals; Mr. Eyres has proposed the "hammerhead" configuration which was reviewed by staff and it is their best judgement that the "hammerhead" would not be an acceptable design for a residential street; staff did suggest that the roadway radius of the cul-de-sac be reduced from the previously required 45' radius to a 35' radius with the understanding that there would be a secondary access from this property out to "N" Avenue; it was the Environmental Impact Committee's understanding that the property had a panhandle piece that runs to "N" so that a driveway could be installed; all of the people at the staff and Planning Commission level have come to the conclusion and are recommending against the "hammerhead" design on this project; if the change is denied or if the compromise change for a 35' radius is approved, Mr. Eyres' would still have whatever recourse is open to him by law to approach the City on a question of possible severance; staff and Planning Commission has not examined the severance question. T. DAVID EYRES, 3427 Bonita Woods Drive, Bonita, the owner and applicant, was present and stated he would like to achieve one of three things: to obtain the "hammerhead" for the property and build 11 units instead of 7; or would like compensation for the loss of the land for four units; or would like a redesign of the entire specific plan to remove the entire burden of the cul-de-sac on his property and to share the burden with the adjoining two property owners directly west; there is a question of eminent domain that is taking place, the taking of land 9/5/78 237 for four units without compensation is not right; he places a value of $70,000 in loss of profits from four units; he purchased the property in August, 1976 at a time when the then -zoning permitted the two houses in front to be added with two additional houses and still build 11 units on the back; when he wanted to put in a duplex he discovered the first 175 feet on "N" Avenue had been down -zoned and he couldn't do this; from 175' to the west it was 30 units per acre which limited the land he had vacant to 11 units; he was not aware of the change in zoning, never having received notification; in July 1977 he hired an engineer to perform a lot -split so that he could build 11 units; at this time the engineer discovered that SP-36-76 had been enacted and took land for four units; he again had no notification of this, even though he had owned the property for 6 months; he calculated his loss at $70,000; he went to the City Planner and Engineer and received a letter from City Engineer Hoffland that he could submit an alternate plan; his engineer came up with a "hammerhead" which is the plan he submitted as alternative to SP-36-76; he is told the Fire Department can get their rigs turned around; the Police and public can use this as a turn -around; while it may not be the standard for the City it might be a viable alternative; he would first and foremost like to have the "hammerhead" approved by Council so he can build the 11 units; he would work with staff to accommodate the parking; if not approved, he would want compensation for the loss of the four units or possibly a redesign of the entire cul-de-sac. No one else was present in this regard. Moved by Dalia, seconded by Van Deventer, to close the hearing and initiate an amendment to the specific plan SP-36-76, for an alternative cul-de-sac design with a 35' radius on the south side of 20th Street at its westerly terminus with the require- ments that were stipulated by the Planning Commission. Carried by unanimous vote. Absent: Morgan. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Item 20, Planning Commission Resolution No. 72-78, denying an application for zone variance to allow a reduction in the number of required off- street parking spaces to be developed in conjunction with the construction of a new religious chapel on property located at 2145 E. 8th Street, Z-7-78 (the reason for denial being the applicants failed to pursue the application); and, Item 21, Planning Commission Resolution No. 73-78, denying an application for conditional use permit to allow the demolition of an existing church and construction of a new religious chapel on property located at 2145 E. 8th Street, CUP 1978-10 (reason for denial being the applicants failed to pursue application). Moved by Waters, seconded by Van Deventer, these be denied, both items 20 and 21, since this wasn't pursued by the applicants themselves. Carried by unanimous vote. Absent: Morgan. CITY MANAGER - No report. CITY ATTORNEY CITY ATTORNEY MCLEAN stated in regard to the minutes he doesn't know how to correct the minutes with the words that are there; the statements in the minutes is correct; he stated there is something significant about formally dedicating property for use. City Clerk Campbell suggested Councilman Della put his correction in writing. City Attorney McLean suggested he and Councilman Dalia meet during the week and go over this to work it out, to reflect the sense of what he's trying to say. Moved by Waters, seconded by Dalia, this be held over for a week. Carried by unanimous vote. Absent: Morgan. CITY TREASURER/FINANCE DIRECTOR The City Treasurer/Finance Directors Financial Statement for the month ending June 30, 1977 was presented. Moved by Waters, seconded by Van Deventer, it be filed. Carried by unanimous vote. Absent: Morgan. 9/5/78 238 OTHER STAFF PLANNING DIRECTOR GERSCHLER stated he received via the Clerk's Office a copy of the NATIONAL SCHOOL DISTRICT agenda for their Board meeting 9/6/78 that states the Board will consider adoption of a Resolution exempting the National School District from City Ordinance for purposes of leasing a child care facility at the Lincoln Acres Community Church; this is an action to exempt them from the zoning ordinance rather than all City ordinances; he has reviewed this case and can see no reason why the City should express any concern about it and it is his recommendation this matter be filed. Moved by Dalla, seconded by Van Deventer, this be filed. Carried by unanimous vote. Absent: Morgan. In answer to the question of whether the City has any alternatives or remedies to this, if for some reason the City was not in agreement, City Attorney McLean stated as he sees the law the district can decide what it wants to do and give a fair chance to the City to comment; the City doesn't have a veto power over their plans; the City has an advisory role. VICE MAYOR CAMACHO recognized CHUCK HOWREY, present in the audience, on behalf of the PONY LEAGUE WORLD SERIES. Mr. Howrey stated he believes they made a few dollars on the games; Northern California won the World Series; the team that won was the same league that won in 1964 in San Diego; they should have a final report on the finances by tomorrow. Mr. Howrey presented the Council with mementoes of the World Series and thanked Councilman Van Deventer for his efforts. Councilman Van Deventer stated the people involved in the Series did an outstanding job, and he is very proud of them. Vice Mayor Camacho, on behalf of the Mayor and City Council thanked Chuck Howrey and his committee for the job they did and extended to Councilman Van Deventer Council's thanks for his efforts. Mr. Howrey said a special thanks for the Park and Building Departments without whose help they could not have been successful. CITY COUNCIL CPO Board of Director's recommendations on task force action scheduled for September 18, 1978 (as a result of SB 1736, Mills, and AB 3698, Kapiloff, CPO organized the Callahan Task Force to consider regional planning, implementation and local control, Document No. 62128; the Task Force report was considered by the Board on July 17th and August 14th, on September 18th the Board will take action on the recommendations contained in the report; it is recommended that Council support the findings and recommendations contained in the Callahan Task Force Report as a basis for any proposed restructuring of regional planning or implementation) was presented. Moved by Van Deventer, seconded by Dalla, in favor of CPO Task Force recommendations. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters. Absent: Morgan. COUNCILMAN WATERS asked City Manager Gill for a full report by next Tuesday on the South Bay Country Fair which was not runned as promised; he had received several calls regarding this and Council needs a report. Vice Mayor Camacho stated that this morning the City Manager, Asst. City Manager McCabe, Dir. of Bldg. & Hsg. Biggs and other members of staff toured the area and found the area to be a mess; many problems came out of the Fair; much damage had been done and we need to look into this very closely. COUNCILMAN VAN DEVENTER stated Council received a letter from the City of Chula Vista asking for support of a Resolution supporting legislation which would change the method of distributing sales tax in the State; he cannot support this. Councilman Dalla suggested staff send a letter to all cities and Chula Vista advising them of our position in the matter and the reasons for it. Moved by Van Deventer, seconded by Dalla, we refer this to the City Manager to draw a letter up in relation to our opposition to Chula Vista's recommendation, and the reasons for it. Carried by unanimous vote. Absent: Morgan. 9/5/73 239 COUNCILMAN VAN DEVENTER asked Comm. Development Director Arnold Peterson about the noise at 5:00 in the morning at the seniors highrise site; couldn't they start a little later, a number of calls had been received. from the citizens regarding this. ARNOLD PETERSON, Executive Director, CDC, was present and stated he has spoken to the contractor aboutanthhis; the subcontractors have been sandblasting as early as 5:00 a.m./using a searchlight; and has asked them not to begin until after 6:00 a.m. (and 7:00 a.m. would be better) in an effort to minimize the noise and complaints from the neighbors. Mr. Peterson stated the contract does not have any restrictions on the hours of the work to be done and the City has no Ordinance restricting the hours of work in constructing the building; he has tried to get voluntary cooperation in this matter and will know tomorrow whether they will do this or not, and will report back to Council. There was further discussion. Moved by Waters, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:50 p.m. CITY CLERK CITY O' 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. ElCorrections E(No corrections /4d .,�e.A- MAYOR CITY OF NATIONAL CITY, CALIFORNIA 9/5/78