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HomeMy WebLinkAbout1978 10-10 CC MIN7 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 10, 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, Dalia, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Gill, Gunnarson, 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 Chaplain Bill Ward, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the regular meeting of October 3, 1978 be approved. Carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. (Councilman Dalla entering Council Chambers and not voting.) PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,857, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Alley between 2nd Street to 3rd Street and "D" Avenue to "E" Avenue, Assessment District No. 197)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,857 be adopted. Carried by unanimous vote. Resolution No. 12,858, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Alley between 2nd Street to 3rd Street and "D" Avenue to "E" Avenue, Assessment District No. 197)." Moved by Waters, seconded by Camacho, Resolution No. 12,858 be adopted. Carried by unanimous vote. Resolution No. 12,859, "RESOLUTION OF INTENTION (Alley between 2nd to 3rd Street and "D" Avenue to "E" Avenue, Assessment District No. 197)." Moved by Van Deventer, seconded by Dalia, Resolution No. 12,859 be adopted. Carried by unanimous vote. Resolution No. 12,860, "RESOLUTION ORDERING WORK (Hoover Avenue & Roosevelt Avenue from 18th Street to 21st Street, Assessment District No. 187)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,860 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 12,861, "RESOLUTION ADOPTING WAGE SCALE (Hoover Avenue & Roosevelt Avenue from 18th Street to 21st Street, Assessment District No. 187)." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,861 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 12,862, "RESOLUTION DIRECTING THE CONVERSION OF STREET LIGHTS TO HIGH-PRESSURE SODIUM LAMPS." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,862 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Morgan. Nays: Waters. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Van Deventer, these Ordinances be present- ed by title only. Carried by unanimous vote. 10/10/78 8 Ordinance No. 10/10/78-1, "Pursuant to Land Use Code (ZC-12A-78, 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 10th Street)." Ordinance No. 10/10/78-2, "Pursuant to Land Use Code (ZC-12B-78, 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 St." OLD BUSINESS BURGER MAKER, INC'S, request for reconsideration of original ON -SALE BEER TYPE 40 LICENSE, 1710 Highland Avenue (continued from the regular meeting of October 3, 1978) was presented. City Attorney McLean stated he distributed a letter to Council which summarized the conversation he had with ABC that clarified or explained the terms or conditions of the conditional license; this license is for the inside dining room only and it would not be lawful for the business owners to sell alcohol to persons in cars or persons outside of the indoor dining room; also ABC had contact with the school and learned that the school officials didn't object to the proposed license; the Police Department has reviewed their records to see if there is a general police problem in the area. Asst. Police Chief Reed, was present and stated that particular area does represent a police problem and there are grounds for protest; there was approximately 180 calls in the area from 16th to 19th Street in 1977 and about 100 in 1978 to date regarding drinking problems; many of the calls were to Jack -in - the Box and Clancy's; the Police Department feels the liquor license would possibly project a police problem in the future; all the information from the Police Department was turned over to an investigator from the ABC who will give it to his supervisors; the evidence may warrant investigation by the supervisors; whether ABC agrees with the City on this matter is another thing. Mr. Reed stated there is already a protest on the applica- tion based on the proximity of the school; consideration should also be given that at the time the application was made no research was done by the Police Department to reflect the police problems in the area, since that time an investigation was made that determined there was a problem; there is an abnormal call for service in this particular area. SHELDON WOODS, representing Burger Maker, was present and stated 24-hour operations produce hang-outs; when you clean up the area, you have no calls; since they purchased Clancy's they have a completely different image; they have cleaned up the place; the type of people they are trying to reach is family -oriented; they will help the City, not hurt it. Discussion. Moved by Van Deventer, seconded by Morgan, we uphold prior actions. There was discussion. Carried by unanimous vote. City Attorney McLean recommended Council adopt a motion to amplify the prior protest on the ,grounds of the current police department report. Moved by Morgan, seconded by Van Deventer, in favor of the recommendation of the City Attorney. Councilman Dalla stated possibly in 4-6 months Council would have an ida of how many problems are associated with one side of the street as opposed to the other; he was willing to let the protest stand but would like to encourage Mr. Woods to return after a period of time, after the operation has been open and when it can stand on its own merits and not necessarily be included with all his neighbors that have had problems. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on proposed ZONE CHANGE to rezone from RM-1-D-10 to RS-2-D-10 the properties on Prospect Street, Euclid Avenue and Ridgeway Drive, Z-11-78, was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. Asst. Plan. Dir. Rolf Gunnarson, was present and displayed a map of the area and stated this was a City -initiated zone change and concerned properties located south of 24th Street, east of 805 Freeway, on Prospect Street, at the inter- section of 24th and Euclid and along Ridgeway Drive; there are 15 parcels in the area; 11 of them are developed with single-family homes, 1 is developed "two -on -one" and 3 are vacant; several of these lots are deep; the proposed rezoning of this area would rezone from residential multiple density ten which currently could allow as many as 103 additional multiple dwelling units within this area; the rezoning would be to residential single family, density ten and that would limit the development to one single family home on a lot. Mr. Gunnarson stated the larger lots average about an acre; there is an access problem 10/10/78 9 to these lots; about 30 of the lots would be developable with access on Ridgeway. HELEN ERICKSON, 2447 Ridgeway Drive, was present and protested the change; everyone in the area wants the present zoning to remain or to be changed to allow condominiums; someone was supposed to carry a petition objecting to these proposed changes but wasn't able to do it. Councilman Waters stated he would like to see a petition from the people in the area. No one else was present in this regard. Mrs. Erickson stated she could circulate a petition within a week to obtain views of the residents in the area. Moved by Waters, seconded by Camacho, we continue this public hearing, Item 11 for one week to give this lady time to bring a petition in here to show us how the neighbors really feel in that area. Mr. Gunnarson stated at the Public Hearing by the Planning Commission two people protested, Mr. Nielson and a representative for several other property owners. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE to rezone from CL-PD to RS-2-PUD the property at 3208 E. 8th Street, ZC-24-78, was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. Asst. Plan. Dir. Gunnarson stated this is a follow-up to the General Plan Amendment GP-2-78 which changed the land use designation on the property from "Neighborhood Commercial" to "Residential 6-10 Dwelling Units Per Acre"; the property contains an area of about six acres and is vacant; land use to the east is single family residential, to the west is the Harbison Avenue Shopping Center; a strip of commercial has been reserved along Plaza Blvd. frontage and Ira Harbison Elementary School is located across 8th Street to the north; the effect of this rezoning will be to allow the development of single family condominium -type dwelling units, at a maximum density of 10 dwelling units per acre and subject to the approval of a planned unit development permit by the City; or conventional subdivision of detached single family dwellings. Mayor Morgan asked if any thought had been given to "banjoing" Olive at Plaza Blvd. Mr. Gunnarson stated there hadn't been a study of that kind done; at the Planning Commission hearing there was a resident of Olive St. who was concerned about through -traffic on Olive going to this proposed subdivision and hoping there would be a through street. BERNIE SPECTOR, 3420 Canyon Street, San Diego, was present representing the developer and stated this is a follow through on the General Plan change; they intend to develop this as a planned unit development and they will endeavor to work to the interest of the community, including the Olive Street people, to the extent that they can; a plan is not before Council now because they feel the appropriate time to do that is at the next step when they actually have a planned unit development. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing on the proposed zone change to rezone from CL-PD to RS-2-PUD be closed and the Planning Commission's recommendations be approved and adhered to by this Council. Plan. Dir. Gerschler stated through the course of this General Plan change, Mr. Spector, on behalf of his associates, has presented this as a case where economics would not support convention- al single family dwellings; if Council saw a planned unit development for a condominium that they didn't like, they could deny it; as long as they are denied PUD, the advocates have no other privileges than to go conventional single family dwellings; all they want is the opportunity to be heard on some planned unit development. Carried by unanimous vote. The HEARING on proposed AMENDMENTS to Sections 18.108.060 and 18.108.110 of the National City Land Use Code, regarding non -conforming uses, A-6-78 (in April 1977 Council adopted Ord. 1564 which rezoned the area from 16th St. to 31st Street along National City Boulevard from CH [Commercial Heavy] to CA [Commercial Automotive]; this zone placed the commercial shopping facility at 2421-41 National City Blvd. in the category of a lawful nonconforming use; the Land Use Code currently does not allow nonconforming commercial shopping facilities to rent vacant spaces unless such vacancies are filled by an identical business or by a business approved for the zone; this amendment is applicable to only 2421-41 National City Blvd.; the applicants feel that due to the small size of their shopping facility automotive related businesses are inappropriate 10/10/78 10 for their location; the amendment will allow location of businesses normally allowed in similar shopping facilities in other zones but will not change the underlying zone or general plan designation; Planning Commission recommends approval) was presented. City Clerk Campbell stated the Certificate of Publication was on file. Plan. Dir. Gerschler stated staff concurs with the Planning Commission recommendation of approval. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the proposed amendment to these sections of the National City Land Use Code be adopted. Carried by unanimous vote. The HEARING on APPEAL of Planning Commission DENIAL of application for zone variance to allow a masonry barbecue structure and free-standing shade canopy within the required 20' front yard setback at 3334 Newberry Street, Z-12-78, (this application involves an existing free-standing shade canopy, patio -type roof structure, and a masonry barbecue structure located in the required front yard setback of a corner lot; the barbecue structure contains sink facilities and measures 5' in width, 10' in length, 8' 9" in height; the free-standing shade canopy measures 10' in width, 20' in length and 7' 7" in height; the Planning Commission denied this application for the reason that special circumstances do not exist that justify the granting of a variance in accordance with the provisions of Section 65906 of the Government Code; staff concurs with the Planning Commission denial of this application) was held at this time. WAYNE DEUEL, 3334 Newberry Street, was present and stated several years ago he and his wife decided to improve their property and they started to make these improvements; and outlined the history of applying for the necessary permits and the zone variance. Mr. Deuel said on 3/28/78 a hearing was held on this matter; during the hearing there were no objections to the zone variance from citizens in the neighborhood, by the City, County or State; the Planning Commission denial of this variance was based only on the Government Code that required him to prove extenuating circumstances; he acted in good faith with the City in applying for building permits and being told that he could go ahead; the denial of the zone variance only on the grounds that he had failed to show special circumstances has to be an unwarranted encroachment on his civil rights; the Constitution guarantees personal and property rights; if there were valid complaints and reasons for not going ahead, he could understand them turning it down, but there are none. Mr. Deuel stated he is appealing to Council to set aside this decision because he doesn't want to go to the expense of going to Court to prove this and also find out if the City is liable if he has to move it; he appeals to Council to rezonsider and grant the zone variance. Mayor Morgan suggested building the barbeque in the backyard rather than the front and eliminating the problem. Mr. Deuel stated he is very involved in hobby work and intends to put a large double garage in the back yard; the way the lot is situated there is a bank in the rear that restricts the room that he has in the backyard. Plan. Dir. Gerschler stated the Planning Commission has looked at this structure. In answer to a question from Councilman Van Deventer, Asst. Police Chief Reed stated the Police Department has not investi- gated blocking the view by the structure. Moved by Van Deventer, seconded by Camacho, we continue this for one week (to give Council the opportunity to view the structure). Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 13, dated October 10, 1978, in the amount of $54,531.59 (Warrants Nos. 63122 through 63182) and PAYROLL for the period ending September 30, 1978 in the amount of $176,643.94, were presented. Moved by Camacho, seconded by Van Deventer, these be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. A CLAIM FOR DAMAGES from Anthony Lee Daughtery alleging harrassment, etc., stemming from a hit -run accident August 20, 1978 was presented. Moved by Camacho, seconded by Van Deventer, this be denied and referred to the City Attorney. Carried by unanimous vote. 10/10/78 11 The Director of Public Works' recommendation in regard to 1911 ACT PETITION for Leonard Street between Granger Avenue to Van Ness Avenue (the Council at their meeting of 9/10/78 initiated a 1911 Act project for the subject street; on 9/21/78 petitioners of 64% of the benefit area adjacent to Leonard Street requested grade, curb and pave; staff recommends because project is half in County of San Diego, that the Council accept the petition and order the City Engineer to prepare the necessary plans, specifications, estimates and reports) was presented. RAMONA HINKLE, 2519 Leonard Street, was present and spoke in favor of the petition. Moved by Waters, seconded by Van Deventer, this 1911 Act petition be accepted. Carried by unanimous vote. OTHER BUSINESS PLANNING The Planning Department's recommendation regarding the final sub- division map, NE corner of 12th Street and "D" Avenue, D.M.D. Develop- ment (the Planning Commission at their meeting of 9/11/78 approved the final subdivision map for this project; at the time this approval was granted the CC&R's for this project were undergoing a revision at the request of the California Department of Real Estate; the necessary revisions to the CC&R's were not completed at the time of this report; it would be possible, however, to approve the map with the condition that it not be released by the City Engineer for recording until the revised CC&R's have been submitted; staff recommends approval with the condition that the map not be released by the City Engineer for recording until the revised CC&R's have been submitted) was presented. Moved by Camacho, seconded by Dalla, for approval of this subdivision map at the corner of 12th and "D" subject to all conditions. Carried by unanimous vote. A request for INTERPRETATION OF CITY COUNCIL ACTION of September 5, 1978 approving an AMENDMENT to Specific Plan SP-36-78 (on 9/5/78 Council adopted an amendment to SP-36-76 as shown on Document No. 62279; the proponent (David Eyres) of this amendment apparently is not satified with the location of the cul-de-sac as shown; he is asking the Council to interpret their adoption of the amendment to allow the proposed cul-de-sac to be located as shown on Document No. 62280; staff has advised Mr. Eyres that the California Government Code requires a public hearing before any specific plan can be adopted or amended; Mr. Eyres' proposed "adjustment" appears to be such an amendment to the specific plan; Mr. Eyres is anxious to settle this issue with the least delay and procedures; staff recommends that Council find that a public hearing will be necessary to amend the specific plan, and that it cannot be amended by an "interpretation1Q) was presented. Planning Director Gerschler recommended the request be filed. Moved by Camacho, seconded by Van Deventer, in favor of the Planning Director's recommendation. Carried by unanimous vote. CITY MANAGER The Planning Director's report on the REGULATION OF SOUND TRUCKS and recommendation for approval for preparation of ordinance was presented. City Manager Gill stated the report from the Planning Director was reviewed and approved by several of the department heads relative to preparation of an Ordinance for sound truck control. The Planning Director stated this would provide an exact limit on how much noise could be made; the City now doesn't have that. The City Manager stated the present Ordinance controls the use of sound trucks rather than the sound emanating from the trucks. City Attorney McLean stated the Ordinance would limit the place of use and the method of use would be controlled; the Ordinance would require the vehicle upon which the sound system is mounted to keep moving; it could not go into a residential neighborhood and sit; they would be prohibited in congested areas; the basic problem that has been pointed out to Council is the City has an Ordinance that simply prohibits the use of sound amplifications for any purpose or any terms, conditions, or circumstances, including whether the applicant is a political candidate, espousing a religious 10/10/78 12 view, or the like; as he told Council, if they wish to keep this old Ordinance fine; it is his view that if that Ordinance were challenged, it would fall and the Council would be left with no law at all; this new Ordinance would meet what staff believes are constitituionall standards for regulating the use of sound so you don't have a situation where you have no rules at all; he doesn't believe the flat prohibition the City has had in the past would stand a challenge, this is what prompted all of this. Discussion. Moved by Waters, we send this recommendation back to the City Planner and let him come up with some regulations in relation to sound trucks. Died for lack of second. City Attorney McLean stated if Council's notion is that these applica- tions must come to the Council and Council is going to take them one by one and evaluate them and then issue or refuse or set some regula- tions on how you're going to use them, Council better go for an Ordinance like the one that's been prepared because as Council sits tonight you don't have the ability to do that. Moved by Van Deventer, seconded by Camacho, we go along with staff and work on this particular regulation on sound trucks with the condition that all permits for issue have to come in front of the City Council, Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR MAYOR MORGAN stated he received a request to put in stop signs at 28th and "J" Avenue and recommends the City install four signs at this location. Discussion. Moved by Morgan, seconded by Camacho, we put four in. There was discussion. Carried by unanimous vote. MAYOR MORGAN asked City Manager Gill to have a report to Council on South Bay EDC and their request for a $5,000 grant; Council would like to have SBEDC make a report. MAYOR MORGAN stated that instead of using overtime in the Police Department, they need to hire men as quickly as possible. CITY COUNCIL Councilman Waters stated for the past five years the Police Department has been working five men short even though they had been budgeted for the five; a lot of this has been burnt up in overtime; this has been the responsibility of the City Manager; Council should demand that those spots be filled; maybe Council should authorize an additional five police officers over and above what is presently authorized. Mayor Morgan stated budget time is the only time the Police Department is authorized for additional personnel. City Manager Gill asked if he might respond to this. Mayor Morgan ruled he might not. Councilman Dalla said that during budget sessions the amount of overtime to be used by the police department was discussed and it was suggested that it was less expensive way of covering some shifts; this was discussed and agreed upon; there was also discussion whether Council should eliminate positions and that the City had never been up to full complement and by reducing the men in the police department, they would further compound that; he didn't know what new information people have to bring this up again, but it was discussed. Councilman Van Deventer stated there is a misunderstanding here; when you speak of police and fire department overtime; it's a false thing, if you take that and budget it right in with whatever you allow as total dollars; Council told every Department in the City (and it was very clear) they could not run over budget; if we wait for the ideal person to fill a spot in the City, we could be waiting until doomsday; we'll have to get people in there to do typing; put the Lieutenants and sergeants to work; this would reduce the amount of overtime, and until we do this we'll be in the same situation six months from now; the City Manager has been directed which way the Council would like to see it corrected, 10/10/78 13 it's up to him to follow through with the wishes of the Council and Council expects results; Council can't keep going over the problem, if the job isn't done, Council knows what to do to get the job done. Moved by Camacho, seconded by Morgan, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:45 p.m. CITY CLE CITY"; NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of October 17, 1978. 0 Corrections o corrections MAY CITY OF NATIONAL CITY, CALIFORNIA 10/10/78