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HomeMy WebLinkAbout1978 10-03 CC MINMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 3, 1978 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Della, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Gill, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Bill Ward, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of September 26, 1978 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "FIRE PREVENTION WEEK," October 8-14, 1978. Moved by Camacho, seconded by Dalla, for adoption of this proclamation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Mr. and Mrs. Alfred Hlawatsch introduced Mrs. Tokie Tamiuchi, an artist from Koyoto, Japan; whose art is on display at the Library; she will present a demonstration tomorrow which Council is invited to attend. Mayor Morgan presented Mrs. Tamiuchi with a Key to the City and welcomed her to National City. JACK WILSON, Post Commander, Post 4630, VFW, National City, was present and read a letter to Council thanking them for completing the lot from which the Kimball home was removed; the lot has been changed from an unsightly one into a useable piece of property. Mr. Wilson stated Council has their support in all community projects. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and spoke about the dirt, litter and cars that are parked across sidewalks in the area of 14th, 15th, Palm and "N". Mayor Morgan asked the City Manager to investigate the complaints. MARIA HUERTA, 325 W. Civic Center Drive, was present and stated she was representing herself, sister and mother regarding difficulties she has been having with her neighbor who has built an 8' foot wall and in the process took down their fence and removed a tree without their permission; she contacted the Legal Aid Society about this and has not been given any satisfaction; they are poor and cannot afford an attorney; the neighbor antagonizes and has upset everyone in the area. City Manager Gill stated he met with about 15-20 people from Civic Center Drive and they registered a complaint; as far as the wall goes, this was done as a prelude to a building and apparently was legal; he suggested to the group that they seek legal counsel ?the Chief of Police was assisting them in that regard; this is a civil matter. Planning Director Gerschler stated he would look into the construction of the wall without putting in the building and report back to Council. Mrs. Huerta stated the wall is on their property. Councilman Waters suggested contacting the Assessor's Office for a correct land description to find out on whose property the wall is located. Mayor Morgan suggested Mrs. Huerta contact the City Manager to discuss this problem. 10/3/78 2 City Clerk Campbell read a letter received from Mrs. T.B. Oldham, 1032 E. 2nd Street, opposing the building of any new apartments and stating some of the problems associated with them. PUBLIC HEARINGS The continued HEARING on proposed ZONE CHANGE to remove from RM-1-D-10 to RS-2-D-10 the properties bounded by 18th Street, Rachael Avenue, 20th Street, and Granger Avenue (excluding the commercial zoned properties at 1815 Granger and 2802-28 E. 18th Street, ZC-9-78 (the Planning Commission recommended filing this item); and, the HEARING on the proposed ZONE CHANGE to rezone from RM-1-D-10 to RT-D-10 the RM-1 zoned properties in the block bounded by 18th Street, Rachael Avenue, 20th Street and Granger Avenue (excluding the commercial zoned properties at 1815 Granger Avenue, and 2808 and 2822-28 E. 13th Street, ZC-9-A-78) were held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. ROLF GUNNARSON, ASST. PLANNING DIRECTOR, was present and stated both of these hearings concern the same block, which is the block bounded by Rachael, 20th Street, Granger and 18th Streets; the first hearing was a continued hearing referred back to the Planning Commission for report and recommendation; the original hearing was to rezone the entire block to single family zoning; current zoning within this block is apartment - zoning for about half a block and two-family zoning on the remaining half; the Planning Commission originally recommended in favor of single family; after it was referred back, the Commission scheduled an alter- native hearing to rezone the entire block two-family residential instead of single-family residential; the Planning Commission has recommended that the continued hearing be filed and in its place, the second hearing, to rezone the entire block to two-family residential be approved. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing on the proposed zone change be closed and that everything that the Planning Commission recommended be adhered to. Carried by unanimous vote. The HEARING on RESOLUTION OF INTENTION NO. 12,825 (1911 Act Improvement of Hoover Avenue and Roosevelt Avenue from 18th Street to 21st Street, Assessment District No. 187) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting, Affidavit of Mailing were on file; no protests were received. ROBERT ONLEY, Civil Engineer Associate, was present and displayed a map (showing the exterior boundaries the specific areas to be improved, assessors parcel numbers and the assessment numbers) of the proposed district on the board. Mr. Onley stated the Council accepted a report on the District on 9/19/78 by Resolution No. 12,847; the proposed improvements are street improvements which include curb, gutter, sidewalks, paving, gracling and some drainage work; the estimated cost of construction is $116,197.99; incieiential expenses, $8,349.50; assessment $124,547.49; City contribution, $52,259.39; total amount to be assessed, $72,288.10; the owners in the area have been notified of the approximate amount of their assessment. M.C. SCHRAGER, representing Mr. and Mrs. Goldberg who own lots 1 and 22 of block 44, was present and stated they are in favor of this assessment; their only interest is in the grading; as Council knows 20th is being vacated and it may not be completed by the time this work goes on; he suggested to the Engineering Department when considering planning of improvements, the sidewalks, etc., they consider that 20th Street may be closed and they would request a driveway in there; this is their only concern. City Attorney McLean stated this work would be charged aR st the projpon t of the vacation d n tincluded in thisassessment. ac ro er y s n ass se a cin °� blene to received. Mr. c iratger stateu they unuerstan � iis.g No one else was present in this regard. Moved by Waters, seconded by Van Deventer, the hearing on Resolution of Intention No. 12,828, Hoover Avenue and Roosevelt from 18th Street to 21st Street, Assessment District No. 187 be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. 10/3/78 The HEARING on APPEAL of Planning Department notice of INTENTION TO ABATE AND REMOVE ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE or parts thereof as a public nuisance at 3421 E. Plaza Blvd. Z.V. 75-129 (the property owner, Albert E. Eriquat and vehicle owners were notified by certified letters that the 1971 Ford and blue and white Malibu would be removed by the City if not removed within 10 days of the receipt of said notice; an appeal to this action was filed with the City Clerk 9/19/78) was held at this time. PLANNING DIRECTOR GERSCHLER stated the cars have been removed and recommended the matter be filed. Moved by Waters, seconded by Camacho, this item be filed. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,854, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 AND RESCINDING RESOLUTION NO. 12,841 (No. PD-111, to allow development of a 41-unit motel with a manager's apartment on property located between Roosevelt and National City Blvd., 600 block - Harold Dodds, Inc.)." Moved by Camacho, seconded by Waters, Resolution No. 12,854.be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Resolution No. 12,855, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 12,830 TO CORRECT A CLERICAL ERROR IN FIXING THE TAX RATE FOR THE 1978-79 FISCAL YEAR." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,855 be adopted. Carried by unanimous vote. Resolution No. 12,856, "RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN AMENDED PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANT-IN-AID FUNDS (St. Matthews Restoration Project - Project No. 06-75-00133-00)." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,856,be adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Van Deventer, this Ordinance be read by title only. Carried by unanimous vote. Ordinance No. 1640 (10/3/?8-1), "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." Moved by Waters, seconded by Van Deventer, Ordinance No. 19/3/73-1 1640 be adopted. Carried by unanimous vote. OLD BUSINESS BUr9er Maker, Inc's request for RECONSIDERATION of application for ON - SALE BEER LICENSE was presented. Moved by Waters, in favor of Burger Maker, Inc's request. Died for lack of second. There was discussion relative to this application, it authorizes the sale of beer for consumption off -premises where it is sold; and the fact that it was said only two glasses of beer would be sold to an individual and that no beer would be taken out of the place. Moved by Morgan, seconded by Van Deventer, we protest this license. SHELDON WOODS, representing the Burger Maker, Inc, at 1710 Highland Avenue, was present and stated the Agenda did state consumption of beer off -premises; the license he applied for through ABC was not off -sale; he does not wish to selloff -premises beer; there must be a mistake; the license he applied for was strictly for on -sale beer; Burger Maker has similar licenses at other restaurants around town and they have had no problem. Discussion. City Attorney McLean said in looking at the application they do state as a condition of the application there would be no alcoholic beverages sold off of the premises; the confusion arises because the basic license category for restaurant is Type 40 without restriction and to allow off -sale 10/3/78 4 consumption; the applicant has petitioned for a condition in his license that would prohibit off -sale. There was discussion relative to liquor licenses where there is a sale of hamburgers and a drive thru; the futility of protesting this license knowing full well that the protest will be fruitless; a protest would only be a symbolic gesture that would cost the public several thousand dollars; there should not be liquor sold in a place where young people congregate, etc. City Attorney McLean stated the attitude expressed to him by ABC is that they have not developed a basis for refusing this license; therefore, the refusal to issue the license would have to be based on some fact that some other person would raise and develop; since they haven't developed any factual basis, so far from what he hears tonight, he is not aware of any facts presented by the Police Department that would indicate that this particular premise has been, is now, or might be a problem in the future by virtue of having this license; the evidence presented to ABC to deny this would be that Council has the conviction that beer and wine should not be available in a restaurant this close to a school and that Council views this presence of alcohol as providing an opportunity for un- wholesome, unlawful behavior to occur and this fear is further amplified by the fact that the restaurant would be a drive-thru and offer the opportunity for violation of the liquor laws; the state investigators don't believe these circumstances are a basis for them to recommend not issuing a license. Mr. McLean stated that based on past experience, he doesn't believe Council's success at a protest would be high. City Attorney McLean stated Condition 5 of this application is that there would be no alcoholic beverages sold for consumption off of the licensed premises; he would interpret that to prohibit the sale to a car driving through; he would assume that ABC would likewise read that condition to prohibit the sale. MR. WOODS stated he is only asking for on -sale; absolutely no beer off the premises; they are concerned about the type of people that will be using the stores and ordering a beer; if they had a problem at any one of their stores, ABC would pull the license from all the other ones. ASST. CHIEF OF POLICE REED, present in the audience, stated he was on vacation when this application came through, generally he checks the applications when they come through; there are valid grounds for protesting if they represent a police problem; if staff were to pull the complaint forms in that particular area where the drive-in stands and there was a prevalent problem with juveniles and this was documented, there would be valid ground for protesting a license; he didn't have anything to do with this particular application; this area has been a police problem, but this would need -.to be documented for ABC; he could research the files and determine if there is sufficient documentation to verify there are legal grounds for protest. Moved by Van Deventer, seconded by Morgan, we lay this over for one week. Councilman Waters asked City Attorney McLean to check Condition 5 of the application. City Attorney McLean stated staff will clarify the ABC interpretation of this restriction and suggest that both ABC and the applicant may wish to expand on it to leave no doubt that the only place beer can be sold is on the restaurant premises; he will get with the Police Department and satisfy Council that they have not overlooked some evidence, and if they have, they will present it to Council. Councilman Van Deventer stated he wants City Attorney McLean to make clear his position on this in regard to the City's ability to sucessfully protest the license. City Attorney McLean stated they will compile all the facts that staff has on this and give them to Council. Carried by unanimous vote. ASST. POLICE CHIEF REED stated the area of importance would be in the area of 16th to 18th on Highland. Motion carried by unanimous vote. The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 13, dated October 3, 1978, in the amount of $31,527.26 (Warrants Nos. 63067 through 63120) was presented. Moved by Camacho, seconded by Van Deventer, this be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dallas Van Deventer, Waters, Morgan. Nays: None. 10/3/78 5 The Director of Public Works' recommendation on application for DEFERRAL of requirements to construct STREET IMPROVEMENTS adjacent to 1440 Harding Avenue, Jimenez (Mr. Jimenez has an obligation under Ord. No. 1491 to install permanent paving in 15th Street and alley improvements adjacent to his property; staff recommends that the deferral of alley improvements be denied and that street improvements on 15th Street be deferred for a 15-year period provided the property owner signs a Covenant not to protest a 1911 Act for street improvements) was presented. Moved by Waters, seconded by Van Deventer, in favor of the recommendation of the applica- tion to approve deferral of this street but not the alley, they must pave the alley. Carried by unanimous vote. Asst. City Manager McCabe's recommendation on adoption of RULES AND REGULATIONS FOR CERTIFYING TO PERS an employee's competency to continue employment (as a condition of amending the City's PERS contract to remove miscellaneous members' mandatory retirement age, the Council is required to adopt rules and regulations for certifying member competency to PERS; staff recommends adoption of the rules and regulations) was presented. Moved by Waters, seconded by Morgan, in favor of the adoption of rules and regulations. Asst. City Manager McCabe stated this is effective for only two months and then age 70 retirement becomes part of the overall contract. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Item 14, Resolution No. 79-78, DENYING application for zone variance to allow development of a temporary parking lot without providing the required 5% landscape and asphalt permanent paving on property within the proposed Freeway 54 right-of-way, north of 35th Street, west of National City Boulevard (Z-13-78); Item 15, Resolution No. 80-78, approving application for conditional use permit to allow the retail sale of tires and wheels at 1524 and a portion of 1526 E. 18th Street (CUP 1978-16); Item 16, Resolution No. 81-78, approving application for conditional use permit to allow development of a temporary parking lot to be used in conjunction with the office building at 22 W. 35th Street, located within the proposed Freeway 54 xight-of-way, north of 35th Street, west of National City Boulevard, (CUP- 1978-17); Item 17, Resolution No. 82-78, approving application for zone variance to allow division of property that will create a parcel having 20' of frontage on a dedicated street in lieu of the required 50', immediately east of and abutting 1719 E. l0th Street (Z-15-78); Item 18, Resolution No. 83-78, denying application for conditional use permit to allow an exterminating business office at 516 E. Plaza Boulevard (CUP 1978-22); and, Item 19, Resolution No. 84-78, approving application for conditional use permit to allow an addition that will encroach 12' into the required 25' rear yard setback at 3707 Lynda Place (CUP 1978-23) was presented. Moved by Van Deventer, seconded by Dalia, we file item5l4 through 19. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE The Director of Public Works' recommendation to APPROVE BUS LOADING ZONE on 8th Street adjacent to the Hebrew Day School (Rabbi Merkovitz for the Hebrew Day School has requested approval of a bus loading zone adjacent to the school on 8th Street; on 9/13/78 the Traffic Safety Committee recommended approval; usually a bus zone is marked with a red curb; however, this will reduce needed parking spaces on 8th Street; a parking prohibition from 6 a.m. to 4 p.m. Monday through Saturday would provide the necessary loading zone and still allow evening and weekend parking; staff recommends approval of the Bus Loading Zone with signs prohibiting parking between the hours of 6:00 a.m. and 4:00 p.m., Monday through Saturday) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Traffic Safety Committee's recommendation. Carried by unanimous vote. 10/3/78 CITY MANAGER - No report. CITY ATTORNEY CITY ATTORNEY MCLEAN stated in regard to the suit by Xerox against the City and County, he proposed to allow County Counsel to handle this suit. Mr. McLean stated staff notes that Chuck's Adult Book Store is operating in violation of the zoning code and proposed Council seek an injunction against them. Moved by Camacho, seconded by Dalla, in favor of the City Attorney's recommendation. Carried by unanimous vote. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN DALLA suggested recognition be given to the Marine (Joe Perez) who assited a Police Officer at the National City Boat Ramp; the City Manager should look into it. Mayor Morgan suggested working through the Chamber of Commerce regarding this matter. Vice Mayor Camacho stated the City Manager should be directed to meet with the Port District to put a stop to these activities; it's ridiculous that this can happen to the Police Officers who patrol this area. CITY MANAGER GILL stated he has talked to the Commandant regarding Joe Perez; he has been in touch with Don Nay of the Port District and they will meet with representatives of the Police Department and Port District security officers to go over items that can be implemented to tighten security in the area; they will be reporting back to Council on their findings. Moved by Morgan, seconded by Van Deventer, this be brought before Council. Carried by unanimous vote. COUNCILMAN WATERS commented on a Resolution received from the City of Compton supporting Superior Court Judge Rose Bird and asked if taxpayers money could be spent for this sort of thing? City Attorney McLean stated the Attorney General has recently circulated an admonition regarding use of public resources for political purposes and suggested Councilman Waters send a copy of the Resolution for investigation of use of public resources. COUNCILMAN WATERS asked City Attorney McLean if he was doing anything about the Girls' Club problem. City Manager Gill stated he received a copy of the letter and did not make a distribution of it. Mayor Morgan stated the City Manager has been working with both sides on this matter to come up with a suggestion beneficial to all. COUNCILMAN WATERS asked if any action should be taken in regard to the cost of the Library Addition; is the City Manager satisfied in relation to the final cost of this addition; are there any discrepancies? City Manager Gill stated they found no discrepancies. COUNCILMAN WATERS stated a report had been received from the National School District regarding joint planning; is there any recommendation on this? City Manager Gill stated this in in reference to the additional cost of the two mini -parks; Council contributed over $100,000 and they are asking for additional funds; he recommends that this be referred to the Finance Committee for next year's budget. Moved by Waters, seconded by Camacho, we refer this to the Finance Committee. Carried by unanimous vote. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at $:45p.m. CIT CITY CL 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 Oer 10, 1978. Corrections o co ections CITY OF NATIONAL CI Y, CALIFORNIA 10/3/78