HomeMy WebLinkAbout1978 09-12 CC MIN240
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
SEPTEMBER 12, 1978
The regular meeting of the City Council of the City of National City was
called to order at 7:30 p.m. by Vice Mayor Camacho.
ROLL CALL
Council members present: Camacho, Dalla, Van Deventer, Waters, Absent:
Morgan. Administrative officials present: Campbell, Gerschler, Gill,
Hoffland, McCabe, McLean.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager Gill
followed with invocation by Rev. Alan Sackett, Paradise Valley Hospital.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Waters, the amended minutes of the
regular meeting of August 22, 1978 and the minutes of the regular meeting
of September 5, 1978 be approved. Carried by unanimous vote. Absent:
Morgan.
PUBLIC ORAL COMMUNICATIONS
BENITO DYCHTER, 1605 National Avenue, owner of "PAPPY'S MOTORS", was
present and stated he had been to Council before requesting relief for
the damage done to his business due to construction of the box culvert
at National and 16th. Mr. Dychter stated he had spoken to the City
Attorney about this; no one has tried to help in this matter; he's broke;
he has a wife and three children to support; his efforts of many years
have been shattered by the decision of Council without letting him know
about it; he cannot contact lawyers -- he has called several of them and
they tell him they are not familiar with this type of lawsuit; he is
asking that someone show some interest in his case, and some kind of
relief. CITY ATTORNEY MCLEAN stated he had met with Mr. Dychter and
reviewed his case at length and advised him that he couldn't find any
basis upon which to tell Council to pay any public money to him; his
best course of action would be to speak to an attorney; he gave him
several names. City Engineer Hoffland stated that construction did not
directly effect the corner of 16th and National, they contacted those
owners who had a direct effect in which the City needed some rights across
their property; prior to construction the City notified Mr. Dychter of
the schedule and he indicated a need to have 3-4 weeks in which to find
a new location; they delayed the closing of National Avenue for 3 weeks
at that request and attempted to get him a temporary space to operate at
31st and National; they have attempted to expedite the contractor's work
and have scheduled (if there are no further rains) the paving of 16th
Street this week. Discussion.
ADOPTION OF RESOLUTIONS
Moved by Waters, seconded by Camacho, these Resolutions be presented by
title only. Carried by unanimous vote. Absent: Morgan.
Resolution No. 12,840, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO THE
LAND USE CODE OF THE CITY OF NATIONAL CITY (Z-6-78, to allow reduction
in required setbacks in conjunction with the proposed development of a
41-unit motel on property located between Roosevelt and National City
Boulevard, 600 block - Harold Dodds, Inc.)." Moved by Waters, seconded
by Van Deventer, Resolution No. 12,840 be adopted. Carried by unanimous
vote. Absent: Morgan.
Resolution No. 12,841, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT
PURSUANT TO ORDINANCE NO. 1077 (No. PD-111, to allow development of a
41-unit motel with a manager's apartment on property located between
Roosevelt and National City Boulevard, 600 block - Harold Dodds, Inc)."
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241
Moved by Van Deventer, seconded by Waters, Resolution No. 12.0341 be
adopted. City Attorney McLean reported that he added a statement that
the Council recognizes the Environmental Impact Report for this project
contains a finding that the construction of the project will abolish
some existing off-street parking and that parking loss cannot now be
replaced; the statement added is Council's explanation of why it is going
ahead with the project in face of the loss of the parking and it simply
relates to the requirements of the California Environmental Quality Act
and has nothing to do with any conditions to be placed on the project.
Discussion. City Attorney McLean read the added section to Council. City
Attorney McLean stated a reason for granting the Planned Development
Permit (for the Westerner) without the parking is that it would continue
the process of redevelopment of the downtown area; it has been an on -going
project since he has been with the City to upgrade and redevelop the
downtown area. Motion carried, by the following vote, to -wit: Ayes:
Camacho, Van Deventer, Waters, Nays: Dalla. Absent: Morgan.
Resolution No. 12,842, "Resolution directing San Diego Gas & Electric
Company to disconnect various street lights within the City of National
City." City Engineer Hoffland stated there was a correction to the
Agenda Statement, Alternate 3 should be the same as Alternate 2, except
that the ornamental lights NOT be disconnected; on August 15, Council
reviewed a proposal to disconnect mid -block street lights on major and
collector streets; this would bring the street lighting to the same
criteria that is present in residential areas, that is, street lights
at each intersection and spacing of 300 foot maximum; staff, the Public
Works Director and the Police Chief recommend Alternate 1 (disconnect
mid -block street light except those in ornamental lighting districts;
ornamental lights to be disconnected for a 30-day trial period; at the
end of the 30-day trial period, police problems, traffic accidents and
vandalism to be submitted to Council; alternate 1 would not change
the budget). Moved by Waters, Resolution No. 12,842 be denied. Died
for lack of second. ALFRED HLAWATSCH, 905 E. 13th Street, was present
and stated he represents the interests of the Mile of Cars in this
matter; they are concerned about the crime rate and extra security which
is needed; these businesses produce a great amount of sales tax revenue
and if they are affected and business slows down, the City would lose
money from a different pocket; this may not be a great economy measure;
by turning off the lights the City would advertise to the county that
the lights are going out in National City, which has always been expected;
by turning down the lights, we turn down the image of National City,
GEORGE WEBSTER, Manager, Chamber of Commerce, was present and stated
their Board of Directors are unanimous in opposing the dimming of lights;
he urged Council these lights not be dimmed or turned out. Discussion.
Moved by Van Deventer, in favor of Resolution No. 12,842, Alternate 2
(same as Alternate 1 except that ornamental lights to be converted to
High Pressure Sodium Lights; this alternate would require $8,000 be
appropriated for the street lights account). Died for lack of second.
Moved by Waters, Resolution No. 12,842 be filed. Died for lack of second.
There was further discussion. Moved by Van Deventer, seconded by Dalla,
we hold this over until the information that is available on some kind
of better basis than it is at the moment for changing all the bulbs over
to -- instead of turning them off to a lower -type bulb` Motion carried
by unanimous vote. Absent: Morgan.
Resolution No. 12,843, "RESOLUTION OF INTENTION TO AMEND THE CITY'S PERS
CONTRACT TO REMOVE MISCELLANEOUS MEMBERS? MANDATORY RETIREMENT AGE OF 67."
Moved by Van Deventer, seconded by Dalla, Resolution No. 12,843 be adopted
ASST. CITY MANAGER MCCABE stated the City will be required to come up
with a rating system to be adopted by Council prior to the final change
of the amendment; they would be looking at department performance reports,
possibly a medical examination, the type of work involved, and a comment
from the department that the individual applying for this extension of
work time is in fact performing adequately in the position. Mr. McCabe
stated this amendment creates no additional costs to the City or the
employee. Carried by unanimous vote. Absent: Morgan.
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242
Resolution No. 12,844, "Resolution changing Exhibit "A" (rate structure)
to the Agreement for solid waste disposal with EDCO." In answer to a
question, from Councilman Waters City Manager Gill stated staff checked
with other agencies to see what their costs will be; they did an
extensive review of rate increase a year ago for EDCO and this reflects
the increased dump fees; staff believes it is in line and proper. Moved
by Waters, Resolution No. 12,844 be adopted. Died for lack of second.
Moved by Waters, seconded by Van Deventer, lay this over one week to give
members of Council a chance to study the contract and the City Manager
meet with EDCO for the reason for the rate increase. Carried by
unanimous vote. Absent: Morgan.
PURLTC HEARINGS
The 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 425 "L" Avenue, ZV 78-90 was
held at this time. PLANNING DIRECTOR GERSCHLER stated this problem has
been corrected and it is staff's recommendation that the issue be
dismissed. No one was present in this regard. Moved by Waters, seconded
by Van Deventer, the public hearing be closed and this particular item
be filed. Carried by unanimous vote. Absent: Morgan.
The HEARING on the proposed ZONE CHANGE to add H-15 (15' maximum height
limit) to properties within the canyon south of 28th Street, between "A4P
and "D" Avenues, ZC-10-78 (this is a city -initiated rezoning; it is part
of the "apartment area" rezoning cases referred by Council to the
Planning Commission for action; this area contains 15 parcels; there are
7 lots with single-family dwellings, 1 with multiple dwellings and 7
vacant; none of these lots contain two-story construction; the effect of
this rezoning would be to prevent any new two-story construction within
subject canyon area; the Planning Commission and staff recommend DENIAL
of the proposed zone change) was held at this time. City Clerk Campbell
stated the Certificate of Publication and Affidavit of Mailing were on
file. (City Attorney McLean left Chambers at 8:23 p.m. and returned at
8:30 p.m.) PAIGE HARVEY, owner of property at 2801-2815 "B" Street,
was present and stated she supports the finding of the Planning Commission
to deny this proposed zone change. BEN JAEHN, 2040 Fifth Street,
involved with property in this area, was present and stated they have
been working since March to put a map on this property and get four lots;
it was approved by the Planning Commission with stipulations; the hills
are so steep that even though a single story were to be built, it would
still be two stories high on one side; he supported the denial of the
Planning Commission. VIRGINIA CASTRO, 2745 "B" Avenue, was present and
spoke in favor of the Planning Commission recommendation. JOHN D. MANN,
130 E. 28th Street, was present and stated he agreed with the Planning
Commission's denial of the zone change due to the fact that you can't
build a decent house 15' high on a hill. LLOYD JOHNSON, 240 E. 29th
Street, was present, and stated he agreed with his neighbors in this
matter and recommends Council agree with the Planning Commission's denial
of this proposed zone change. No one else was present in this regard.
Moved by Van Deventer, seconded by Waters, the public hearing be closed
and uphold the Planning Commission's recommendation of denial of this
proposed zone change. Motion carried by unanimous vote. Absent: Morgan.
The HEARING on proposed ZONE CHANGE to rezone from RM-1-D-15 to RS-2-D-10
the north side of loth Street, 1627 through 1745 inclusive, and including
the southerly 91' of the vacant parcel between 1719 and 1745 loth Street,
ZC-12A-78, (this is one of the apartment area rezoning cases initiated
by Planning Commission; the effect of this zone change would be to limit
all new construction to no more than one house on each lot within the
area described; this area includes 8 parcels containing 7 single-family
residences, and one vacant; current zoning could allow a maximum of 7
additional multiple dwelling units and 8 additional duplex units; a
petition was received containing 23 signatures [representing 13 properties
within the block] in favor of the proposed zone change; the Planning
Commission and staff recommend in favor of the proposed zone change) was
held at this time. City Clerk Campbell stated the Affidavit of Mailing
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243
and Certificate of Publication were on file. No one was present in this
regard. Moved by Waters, seconded by Van Deventer, the public hearing
on the proposed zoning of the loth Street area, 1627 through 1745 be
approved and the recommendation of the Planning Commission adhered to.
Carried by unanimous vote. Absents Morgan.
The HEARING on the proposed ZONE CHANGE to rezone from RM-1-D-30 to
RS-2-D-10 the properties fronting on the east side of Palm Avenue, 1405
through 1524 inclusive and the lot at 1615 16th Street, ZC-12B-78 (this
is one of the apartment area rezoning cases initiated by the Planning
Commission; the effect of this zone change would be to limit all new
construction to no more than one house on each lot; this is a follow-up
to GP-2-78; the area includes 9 parcels containing 8 single-family homes
and one duplex; current zoning could allow a maximum of 48 additional
multiple dwelling units; staff and Planning Commission recommend in
favor of the proposed zone change) was held at this time. City Clerk
Campbell stated the Certificate of Publication and Affidavit of Mailing
were on file. PLANNING DIRECTOR GERSCHLER stated these are all small
lots; they are all now occupied by single family residences; the property
is zoned for multiple family development with a density of 30 units to
the acre; the Planning Commission recommends the existing single family
dwellings be protected with single family residential zoning with a
density of only 10 dwelling units per acre. No one was present in this
regard. Moved by Waters, seconded by Van Deventer, the public hearing
be closed and the proposed zone change to rezone from RM-1-D-30 to
RS-2-D-10 the properties fronting on the east side of Palm Avenue 1405
through 1525 be approved and all stipulations of staff be adhered to.
Motion carried by unanimous vote. Absent: Morgan.
The HEARING on proposed ZONE CHANGE to rezone from RT and CG to ML the
vacant parcel to the rear of the properties at 3117, 3131, and 3143 "F"
Avenue, ZC-25-78 (this is a city -initiated rezoning of a vacant parcel
containing about 1.04 acres, recently annexed to the City as part of
the "F9° Avenue Annexation; the effect of this proposed rezoning would be
to allow the use of the subject property for low intensity industrial
uses adequately housed in completely enclosed buildings; the proposed
rezoning is consistent with the General Plan land use designation of
"Light Industrial"; zoning of adjacent parcels to the east, south and
west is ML, CG to the north, and RT to the northwest; land use of
adjoining parcels is residential to the north and northwest, swap meet
parking lot to the west and a new mini -warehouse project being constructed
on property to the south and east; the Planning Commission and staff
recommend changing the zoning to Light Manufacturing) was held at this
time. City Clerk Campbell stated the Certificate of Publication and
Affidavit of Mailing were on file. PLANNING DIRECTOR GERSCHLER stated
after the "F" Avenue Annexation was completed the Planning Commission
conducted a poll of all properties within the area and asked them what
zone they would prefer on their properties and this zone change is a
result of that poll; the ML ZONING proposed here is on property that is
contiguous to the Acropolis Mini -Ware house property and is at the same
elevation and would be a logical extension of that property someday and
it is owned by the same owners; there was no objection raised at the
Planning Commission to the proposed rezoning. LEONARD TESSIER, owner
of the property, was present and stated he concurs with the recommenda-
tions; they have talked to the neighbors and have found no objection to
this. Councilman Waters asked Mr. Tessier what he intends to put in
this property. Mr. Tessier stated the other homes in the area are at an
elevation difference of over 30 feet; the entire project is designed
so that it is an attractive addition to the neighborhood; the ultimate
goal would be to extend the project from the mini warehouse. In answer
to a question as to what controls the City would have on what would be
going in, Planning Director Gerschler stated the code now requires on -site
review before anything can be built, City Attorney McLean stated the
code provides for light industrial uses and one could go in but it will
be subject to considerable amount of performance control as far as where
the business can be conducted; the big objection staff has heard in early
light industrial projects is people working outside of the building;
9/12/78
244
present light industrial requires all activity be conducted inside an
enclosed building. Planning Director Gerschler stated the tightest
control possible under the zoning law would be to add a PD overlay; this
was considered by staff; they did not suggest this because Mr. Tessier
a good track record; he stated it is his plan to expand the Acropolis
into this area somehow; the difference in elevation makes this property
unseen by the adjoining property; through site plan review one of the
critical things they will look at is the compatibility with the neighbors.
No one else was present in this regard. Moved by Van Deventer, seconded
by Waters, we close the public hearing and move in favor of the Planning
Commission's recommendation to change the zone to light manufacturing.
Carried by unanimous vote. Absent: Morgan.
NEW BUSINESS
B
There shall be no bar or counter over which the on -sale alcholic beverages
shall be served to the .ublic; C All live entertainment and dancing
shall be •rohibited- D There shall be no sale of alcohlic beverages
after midnight). Carried, by the following vote, to -wit: Ayes: Camacho,
Dalla, Van Deventer. Nays: Waters. Absent: Morgan. Councilman Dalla
asked if the ABC requests comments and evidence of non -objection from
nearby school or church. City Attorney McLean stated staff could be
requested to find out.
The City Treasurer/Finance Director's request for ratification of WARRANT
REGISTER NO. 9 dated September 12, 1978 in the amount of $63,879.04
(Warrant Nos. 62902 through 62968) and PAYROLL for the period ending
August 31, 1978 in the amount of $213,870.26 was presented. Moved by
Dalla, seconded by Van Deventer, this be ratified and payroll confirmed.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van
Deventer, Waters. Nays: None. Absent: Morgan.
The APPLICATION FOR OFF -SALE BEER AND WINE LICENSE, person transfer,
Yacoub Y. Bazzi, dba COZINE'S GROCERY, 402 Civic Center Drive was
presented. Moved by Waters, seconded by Van Deventer, in favor of
Cozine's Grocery's request. Carried by unanimous vote. Absent: Morgan.
The APPLICATION FOR OFF -SALE BEER AND WINE, TYPE 20 license, Arturo O.
and Clarita R. Rosario, dba "ROSARIO'S STORE," 1401 Highland Avenue was
presented. Moved by Van Deventer, seconded by Waters, in favor of the
liquor license application. Carried by unanimous vote. Absent: Morgan.
The APPLICATION FOR AN ORIGINAL ON -SALE BEER AND WINE, eating place, Type
41 license from Bertha and Longino Garcia, dba CARNITAS LA HACIENDA,
2752 E. 18th Street, which would permit the sale of beer and wine for
consumption off the premises where sold was presented. Moved by Waters,
the liquor license at 2752 E. 18th Street be protested on the grounds
that it's too close to a church or school. Died for lack of second.
City Attorney McLean stated that typically if the Council's objection
has merit the ABC tells the applicant to either comply with the City's
requirements or forget it. CLIFF REED, Asst. Police Chief, present in
the audience, stated ...there is nothing to indicate that there is a
police problem in the area as a result of this small restaurant; he would
caution Council that if a protest is filed Council would be subpenoed
as to why they are filing a protest; staff ...finds no grounds for protest.
Discussion. Moved by Van Deventer, seconded by Dalla, in favor of the
application with a recommendation that issuance of an additional license
providing for the four items that the Planning Department is recommending.
( A
Alcholic beverage sales shall be incidental to food service;
The APPLICATION FOR AN ORIGINAL ON SALE BEER AND WINE, public premises,
Type 42 license from Frances M. and Raymond Kenny, 1621 30th Street
(Item 15) which would permit the sale of beer and wine for consumption
off the premises where sold was presented. Moved by Waters, seconded by
Van Deventer, in favor of item No. 15. Carried by unanimous vote.
Absent: Morgan.
A recommendation from the July 20, 1978 meeting of the STREET TREE AND
PARKWAY COMMITTEE (San Diego Gas & Electric Company requests removal of
one palm tree at 1916 Harding Avenue due to interference with electric
9/12/78
245
wires; work to be done by SDG&E; replacement required; Park Division
staff concurs with the Committee recommendation) was presented. Moved
by Van Deventer, seconded by Waters, in favor of the Street Tree and
Parkway Committee's recommendation. Carried, by the following vote,
to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: None. Abstain:
Dalla. Absent: Morgan.
The Director of Public Works' recommendation to APPROVAL DEFERRAL of
requirements to INSTALL SIDEWALK AND PAVING adjacent to 2802 E. 15th
Street, Kiser (the property owner has an obligation under Ordinance 1491
to install street improvements up to $1285 in value; existing temporary
street paving is in satisfactory condition at this time and sidewalk
installation would require removal of three mature trees) was presented.
Moved by Waters, seconded by Van Deventer, in favor of the recommendation
at 2802 E. 15th Street. Carried by unanimous vote. Absent: Morgan.
NATIONAL CITY SWIM CLUB'S request to hold a banquet and teenage dance and
request for the WAIVER OF ALL FEES (the Swim Club has requested the use
of the Community Building main hall and kitchen to hold a banquet and
dance on 9/16/78; approximately 200 persons are expected to attend; the
Police Chief has approved the security arrangements [list of chaperones]
for the dance; building rental fees for 9 hours, $70.00; kitchen rental
fees for 9 hours, $42.00; custodial charges for 9 hours; $75.96; refund-
able kitchen clean-up deposit, $25.00; total charge, $212.96; staff
recommends that authorization be granted to hold the banquet and dance;
due to the reduction in operating revenues as a result of Prop. 13 the
request for waiver of fees be denied) was presented. Moved by Waters,
in favor of the National City Swim Club's request. Died for lack of
second. Moved by Van Deventer, seconded by Dalla, we take staff's
recommendation excluding the building rental fee and kitchen rental fee
and substitute $50.00. Councilman Van Deventer stated there would be
a charge for custodian and refundable kitchen cleaning deposit would be
charged, he recommends they pay $150.96. Discussion. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays:
Waters. Absent: Morgan. Councilman Van Deventer requested City Manager
Gill have the Building Department run a study on the utilities that are
used and what it is running per hour for next weeks meeting.
LAS PALMAS GOLF COURSE Manager's request to renew a TEMPORARY USE PEWIT
(on 9/1/77 Council approved a Temporary Use Permit authorizing the Las
Palmas Golf Course to occupy a mobile unit as a temporary office and
pro shop; the permit is valid for a period of one year; however, it is
subject to renewal by action of Council; the golf course manager
requested a one-year renewal of the permit stating that last winter's
flood damage and subsequent repairs have precluded the construction of
a permanent clubhouse; he further states that plans for a new building
will commence in the near future; staff recommends the approval of the
request subject to the condition that final construction plans for the
new building be submitted for City approval prior to 2/1/79) was
presented. Moved by Waters, seconded by Van Deventer, in favor of the
request from the Las Palmas Golf Course. Carried by unanimous vote.
Absent: Morgan.
OTHER BUSINESS
CITY MANAGER - No report.
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR - No report.
CITY COUNCIL - No report.
Moved by Camacho, seconded by Waters, th__meetg be closed. Carried by
unanimous vote. Absent: Morgan. Th' meeti . closet 9:13fp.m.
CI
CITY CXLERK
OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council of the City of
National City, California at their regular meeting ofaeptmber 19, 1978.
QCorrections
MAYOR
TY OF NATIONAL CITY, CALIFORNIA
9/12/78