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HomeMy WebLinkAbout1978 12-05 CC MIN51 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 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 Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, 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 Chaplain Larry Beardsley, Paradise Valley 7th Day Adventist Church. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, the minutes of the regular meetings of November 14 & 21, 1978 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS JIM GRAHAM, 1512 E Avenue, was present and spoke of the increase in crime in the City saying part of the problem is a transient population; and he requested that Council consider a noise abatement ordinance. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,925, "Assuming partial tax liability of the Sweetwater Water System Corporation." City Attorney McLean stated this Resolution would be held over to next week. Resolution No. 12,926, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Fire Station Headquarters, Specification No. 879)." Moved by Waters, seconded by Van Deventer, Resolution No, 12,926 be adopted. Carried by unanimous vote. Resolution No. 12,927, "RESOLUTION OF AWARD OF CONTRACT (Hoover Avenue & Roosevelt Avenue from 18th Street to 2lst Street, Assessment District No. 187)." Moved by Van Deventer, seconded by Waters, Resolution No. 12,927 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. Resolution No. 12,928, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER AND APPROPRIATION OF FUNDS FOR 1911 ACT, DISTRICT NO. 187." Moved by Van Deventer, seconded by Camacho, Resolution No. 124228 be adopted. Carried, by the following vote, to -wit; Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Van Deventer, this Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 12/5/78-1, "Ordinance establishing a specific plan (SP-1- 78) for the location of street right-of-way for 24th Street, west of Newell Street." 12/5/78 52 ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Waters, these Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1653 (11/28/g8-I), "ORDINANCE AMENDING MUNICIPAL CODE SUBSECTION 18.30," 50 REGARDING MINIMUM ACREAGE FOR A PLANNED UNIT DEVELOPMENT." Moved by Camacho, seconded by Waters, Ordinance No. 1653 (11/28/;8-1) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 20 dated December 5, 1978, in the amount of $204,710.66 (Warrants Nos. 63570 through 63609) was presented. Moved by Camacho, seconded by Van Deventer, this be approved and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters, Morgan. Nays: None. Application for Type 47, ON -SALE GENERAL, EATING PLACE, LIQUOR LICENSE from Elizabeth B. Flynn and James P. Jones, dba THE SANTA FE DEPOT, 900 W. 24th Street (staff recommends protesting until issuance of a condi- tional license by ABC is assured; also permits 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 12. € ed- r urranimous- -vote- Carried, by the following vote to -wit: Ayes: amacho Dallas Van beventer,Waters. Nays: None. Abstain: Morgan. (See 12712/78 Council minutes.) Item 13, Application for Type 20, OFF -SALE BEER AND WINE LICENSE from Ramona D. Damian, dba AIROLITO GROCERY, 1643 Wilson Avenue, person transfer; and Item 14, Application for Type 20, OFF -SALE BEER AND WINE LICENSE from The Southland Corporation, dba 7-ELEVEN #18978, 3100 Plaza Blvd., was presented. Moved by Van Deventer, seconded by Camacho, in favor of liquor license applications 13 and 14. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters. Nays: None. Abstain: Morgan. PUBLIC HEARINGS The continued HEARING to consider several AMENDMENTS TO THE GENERAL PLAN, GP-3-78, Part B which consists of Item 4, 8, 9, and 12; Part C, scheduled for 12/12/78 consists of Items 5, .13, 14 and 15 was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file; a protest was received from Daniel Gomez,832 E. 20th Street. Assistant Planning Director Gunnarson stated the first item, Item 4, refers to the area that is bounded by 18th Street on the north, "F" Avenue on the east, 20th Street on the south and the properties along the west side of "I" Avenue on the west; this is now shown on the General Plan for a residential density of 21-30; the proposed change would reduce the density to a maximum of 10; the Planning Commission recommends that this change be denied; there was a protest petition representing 14 property owners within the area (signed by 29 prople) opposed to the change. Mr. Gunnarson stated within the area there are 58 parcels: 29 of those, or half, are now developed with apartments, 20 of them are developed as single family homes and 7 have two family residences on them. DONALD CULVER, 1845 "I" Avenue, was present and stated he opposes any zone change. Moved by Morgan, seconded by Camacho, we go ahead and approve the Planning Commission's recommendation. MR. ZUCHER, 1825 "J" Avenue, was present and stated he opposes the change,in the General Plan as it is not compatible with any other endeavors in this area. ROBERT BOHLER, owner of 20 units at 18th and "J", was present and stated many peep le bought the property for retirement purposes; the present structures in the area are well kept and well maintained; this is not a blighted or slum area. Motion carried by unanimous vote., 12/5/78 Item 8, (the area on the south side of 24th Street between "D" Avenue n the west, "F" Avenue on the north and concerns only those properties between 24th Street on the north and the extension of 25th Street on the south -- the Planning Commission recommends approval of reduction in residential density from 16-20 to 6-10 in this area, excluding the commercial property at 220 - 24th Street.) Asst. Plan. Dir. Gunnarson stated two protests were received for the properties at 330 and 340 E. 24th Street. JOYCE CIANO, 340 E. 24th Street, was present and stated her sister owns the home at 330 E. 24th Street; they bought the properties with the intention of putting a one bedroom apartment behind it for future income and she does not want the zoning changed. Moved by Waters, seconded by Morgan, Item 8 be approved as recommended by the Planning Commission but delete the two parcels of property at 330 and 340 E. 24th Street. Mr. Gunnarson stated at the Planning Commission hearing on this item there was no indication from the neighborhood they would oppose a change. Moved by Van Deventer, seconded by Dalla, the motion be amended to include all of them on that same street, if we're_coinc2- to make that much of a spot -zone we should take into consideration those other two pieces of property. Amendment carried by unanimous vote. Motion carried by unanimous vote. Item 9, (the adjoining area to the south between the extension of 25th Street and 26th Street and "B" Avenue on the west, "F" Avenue on the east; the current General Plan change is for a maximum density of 15; the Planning Commission recommends in favor of reducing this area to a maximum density 10 but excluding the properties along "B" Avenue on the easterly side--2511 through 2543; there were protests at the time of the hearing from those property owners; the Planning Commission took note of the fact that directly across the street there is an apartment complex and that the property to the north is a convalescent home.) DAVID SCHAPIRO, 2511 "B" Avenues, was present and asked if his property was excluded from this change and was advised it was. Mr. Schapii.- stated when he bought the property 28 years ago it was R-4 and it was a residential district; five years ago apartment houses started moving in; he believes this is an "apartment -complex" area. ELDER HALL, 225 E. 26th Street, was present and stated lowering the density will cost him a lot of money and will lower the value of his property. Mr. Gunnarson stated current zoning allows for 11 units on Mr. Hall's property; after the change, seven would be allowed. Moved by Camacho, seconded by Waters, this gentleman that just spoke -- that his property be included with the other three parcels that have been recommended by the Planning Commission and all others adhere to the Planning Commission's recommendation and close the hearing. Carried by unanimous vote. Item 12, (the property on the south side of 18th Street between Lanoitan and Granger Avenue; the proposal is to change this strip from Neighborhood Commercial to "Residential 6-10 Dwelling Units Per Acre"; the change would exclude the existing commercial property at 2602-04 18th Street and 2744-54 18th Street; the change as recommended by the Planning Commission would include both the store at 2602 E. 18th Street and the single family home which is on one parcel.) Mr. Gunnarson stated if Council excluded the area between La Siesta and Granger and rescheduled that for the first hearing of 1979, they could proceed with the rest of it so that the vacant properties within the area could be developed with single family homes. Moved by Morgan, seconded by Waters, we go along with the Planning Commission recommendation except the property next to the business there and the one south on Granger next to the business. TEDDY TAFOYA, 826 Ethel Place, was present, and stated she agreed with the motion. Mr. Gunnarson stated the motion as he understands it would exclude the properties at 2602-04 E. 18th Street, 2744 through 541 E. 18th Street, 2730 E. 18th Street, rrd 1810 Granger Avenue; the remaining area between Lanoitan and Granger would be changed from Neighborhood Commercial to Residential 6-10. Carried by unanimous vote. Moved by Van Deventer, seconded by Camacho, we continue the hearing to 7:45 p.m., December 12th. LLOYD MARLOW, 2320 "G" Avenue, was present 12/5/78 54 and asked if his area was or will be considered in the future. Mr. Gunnarson stated the Planning Commission will hear this area at its first meeting of 1979. Carried by unanimous vote. The HEARING on APPEAL of Planning Department notice of INTENTION TO ABATE AND REMOVE TWO INOPERATIVE VEHICLES as a public nuisance from property at 714 Roosevelt Avenue, ZV-78-135, Louis Morales (the property owner and vehicle owners were notified by certified letters date 11/14/78 that the 59 Chevrolet and 65 Mercury located at 714 Roosevelt would be removed by the City if not removed within 10 days of the receipt of said notice) was held at this time. City Clerk Campbell stated the Notice of Hearing was mailed to Mr. Morales and received by him. Planning Director Gerschler, recommended this matter be filed. Moved by Camacho, seconded by Van Deventer, in favor of the Planner's recommendation. No one was present in this regard. Carried by unanimous vote. The HEARING on appeal of "ORDER OF ABATEMENT" regarding use of property at 29 W. 8th Street, HAROLD'S CLUB, ZV-78-144, Carmine J. Bua (the premises at 29 West 8th Street had been used as a nightclub for over a decade; the use was established prior to the City's adopting regulations that require issuance of a conditional use permit for such use; an "Order of Abatement" was served upon the owners and persons in possession of the premises on 11/14/78; a timely appeal to this action was filed with the Planning Department on 11/20/78; the Planning Commission after hearing the appealing party at their meeting of 11/27/78 took action to affirm the appealed decision; staff concurs with the Planning Commission action; if the Order stands, the remedy will be for the owners of the nightclub to file a conditional use permit application) was held at this time. Planning Director Gerschlerp4statsgiWataff i ared to �P process a conditional use permit with dispatch. CARMINE BtJA/ Attor_. ay - at -law, representing the Zieglers, was present and stated he previously related the circumstances of the Zieglers who had come from New Jersey and purchased the establishment and the problems they entertained with their court situation, the fact that Mr. Bua had to petition the court to move it up because the liquor license would expire. Mr. Bua stated Council indicated to him that he was premature to the extent that the Planning Commission would be the logical step to begin with; he made the same presentation to the Commission relative to the time frame and consequences; at that meeting the Commission focused on the fact of whether or not there was a 12-month period in which the business was not operated.which brought into play the application of the conditional use permit; he explained the circumstances which involved a court hearing; everything that was humanly possible was done to accelerate a resolution of the problem; the resolution of which was that the previous owner (Mr. Harold Dodds) who had operated the business for a long time was going to take the license back which would resolve the Zeigler's debt in the amount of $150,000; he had gone to the ABC and told them the same things that he has related to Council in this ,matter, and they granted an extension which would keep their liquor license viable; he is now asking Council to consider a waiver of some sort from the application of that statute to this particular situation; the reason they have not gone directly to the Planning Commission is the time factor and the pressure that has been imposed on the Zieglers by the ABC to resolve the matter; if the situation is allowed to return to where it was, the Zieglers will not be wiped out financially; there is a time frame that is compelling; he has alerted the ABC of their problem and they are reasonably sympathetic but they suggested that the Zieglers try to get a waiver; nothing is really going to change, it will be the same owner as before and the same operation; the circumstances of the Zieglers are such that they would appreciate Council's consideration of a waiver of the conditional use permit. Moved by Morgan, we refer this to the Planning Commission and then take action. Discussion. CITY ATTORNEY MCLEAN stated that Mr. Dodds called his office and in essence said that he had no interest in pursuing any attempt to rehabilitate or renovate the property and bring it up to current standards if he were the occupant. 12/5/78 55 JOHN RONIS, 1515 Highland Avenue, attorney for Mx. Dodds, was present and stated he knew nothing about the call but Mr. Dodds is not the owner of the property, he was the tenant and the lease was assigned to the Zieglers he would take it back to let them off the hook. Councilman Van Deventer asked Mr. Ronis if the conditions that would be required under a Conditional Use Permit were part of the condition of letting it go as it is now, what would be his intentions with the property. Mr. Ronis stated he would operate it as he used to. City Attorney McLean stated that that hasn't been a problem, right now they are appealing the decision of the planner that they don't have a non -conforming right any more; if Council overrules the Planner and says yes, they have a non -conforming right they can go back and keep on doing what they are doing; if, on the other hand, you sustain the action of the Planning Commission saying you don't have a non -conforming right, they have a choice to make, either file for a Conditional Use Permit and see what happens; or, they can say you're all wrong and go to court. Mr. Ronis stated Mr. Dodds is willing to help the people out in this situation, but he isn't interested in operating it; he is not interested in going out and getting another liquor license. Mr. Ronis stated that basically Mr. Dodds is saying that he'll take the business back if he doesn't have to spend any more money. Discussion. City Attorney McLean stated the problem is that until these people come in and apply for the use permit, Council cannot respond to what they can or can't do. Moved by Morgan, seconded by Dalla, we adopt the Planning Commission's recommendation on this hearing. Councilman Dalla stated that Mr. Bua's client is in a most unfortunate circumstance; it would be easy to avoid the whole thing and walk away from it, but we have a greater responsibility. Carried, by the following vote, to -wit: Ayes: Della, Van Deventer, Morgan. Nays: Camacho, Waters. The HEARING on RESOLUTION OF INTENTION NO. 12,867, alley between National City Boulevard and 2nd Street to Roosevelt Avenue, Assessment District No. 198 was held at this time. City Clerk Campbell stated no written protests were received and the Affidavit of Mailing and Certificate of Publication were on file. ROBERT ONLEY, Civil Engineer Associate, was present and displayed a map showing the exterior boundary of the district and the proposed improvement area. Mr. Onley said he looked at each parcel in the District and finds that the proposed assessment is beneficial to the parcels as assessed; the estimated cost of construction is $12,172.70; total incidental expenses, $2,295.00; total assessment, $14,467.70; total City contribution, $1,620.00; total amount to be assessed, $12,347.70. No one was present in this regard. Moved by Camacho, seconded by Waters, this hearing be closed on Resolution of Intention No. 12,867 to pave the alley between National City Boulevard to 2nd Street and adhere to all the Planning Commission's recommendations. Carried by unanimous vote. NEW BUSINESS Item 15, ELECTRO INDUSTRIES, INC.'S request to occupy a MOBILE OFFICE TRAILER on a temporary basis (Electro Industries performs electrial and electronic services for the U.S. Navy; an increased work load has created the need for additional temporary office facilities for a period of approximately 10 months; the company has, therefore, requested authorization to occupy a California state approved mobile office trailer; a Temporary Use Permit for this has been processed and approved by the Police Department, Fire Department and Planning Department; staff recommends approval subject to the following terms and conditions: ri] the Temporary Use Permit shall expire on October 31, 1979; r2] the mobile unit and its use shall comply with all City and State minimum requirements for a temporary office occupancy) was presented. Moved by Camacho, seconded by Van Deventer, this request be granted. Carried by unanimous vote. Staff's recommendation Council continue support of the SWEETWATER RIVER FLOOD CONTROL/HIGHWAY 54 PROJECT (the U.S. Army Corps of Engineers will hold a public hearing on the Sweetwater River Flood Control/Highway 54 - 3 '�f 12/5/78 1s.'y.4=404143' 56 Project on December 7, 1978, Item 16; staff recommends Council forward to subject public hearing a response and recommendation as follows: [1j full support for the projects, with completion as soon as possible; 2 ' reiteration of past committments made by the City for participation and support; [3] restatement of the City's needs and:interests expressed previously by Council Resolutions 8,882, 11,744 and 11,972; [4] insis- tence that the several.components of the project dealing with flood control, freeways, connecting roads, preservation of the fishing pier and boat launching ramp, recreation facilities including the "Beach Park", hiking and riding trails and equestrian facilities all be included in the initial project; [5] reference to National City's adopted General Plan, zoning map, highway plans, capital improvement program, floodplain management program and long-range land use programs, recognition and reliance upon the subject project; and, that without the completion of this project both private and public investment would be jeopardized in a manner that could be devastating to the local economy, posing real and substantial threats to public health and safety; [6] urging the U.S, Congress to implement this project with the authorization of funds and procedural steps at the earliest possible time) was presented. Moved by Camacho, seconded by Van Deventer, we follow staff's recommend- ation on Item 16. Carried by unanimous vote. OTHER BUSINESS PLANNING The Planning Commission's report on request for WAIVER FROM REQUIREMENT OF UNDERGROUND ELECTRICAL SERVICE in conjunction with the development of a commercial building at 1315 Coolidge Avenue, Charles G. Wendt (a building permit authorizing construction of the subject single story, 800 square foot building was issued by the Building Department 6/22/78; this building is located on a 25 x 115' lot, between 13th and 14th Street, east side of Coolidge; the entire block bounded by 13th Street, 14th Street, Hoover and Coolidge Avenues, is developed for residential use; zoning is Light Industrial; the proponent advised that the only available electrical power source is located on the opposite side of the street; this area is not designated as an underground area by the S.D. Gas & Electric Company; therefore, the entire cost of bringing the power to the lot is to be borne by the owner; the estimate by the San Diego Gas & Electric Company to do this undergrounding is $1,500; SDG&E has no plans at this time to underground the power in this area; the Planning Commission and staff recommend denial of the request; the City has consistently enforced the undergrounding law; that work is often expensive but necessary to carry out the long-range objectives of under - grounding) was presented. Moved by Camacho, seconded by Morgan, in favor of this request. Carried, by the following vote, to -wit: Ayes; Camacho, Van Deventer, Waters. Nays: Dalla, Morgan, PLANNING COMMISSION - NOTICES OF DECISION Item 18, Resolution No. 95-78, approving application for ZONE VARIANCE to allow a REDUCTION IN THE NUMBER OF OFF-STREET PARKING SPACES from 15 spaces to 14 spaces in conjunction with development of a shopping center containing 4,775 square feet at 3100 E, 8th Street, Z-21-78; Item 19, Resolution No. 96-78, approving application for PLANNED DEVELOP- MENT PERMIT to allow development of a COMMERCIAL SHOPPING CENTER containing a gross floor area of 4,775 square feet at 3100 E. 8th Street, PD-118; Item 20, Resolution No. 98-78, DENYING an application for PLANNED DEVELOP- MENT PERMIT to allow development of a 40-unit CONDOMINIUM PROJECT on the east side of "R" Avenue between 4th Street and 7th Street, PD-122; and, Item 21, Resolution No. 99-78, approving application for CONDITIONAL USE PERMIT to allow a state licensed DAY CARE CENTER for 12 children, to be operated in conjunction with the existing YMCA Family Stress Center at 3142 Plaza Blvd., suites "L" and "M", on property located at 3142 Plaza Blvd., Suite "N", CUP 1978-27. Moved by Van Deventer, seconded by Camacho, they be filed. Carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla, 12/12/78 57 STREET TREE AND PARKWAY COMMITTEE Recommendations from the STREET TREE AND PARKWAY COMMITTEE'S meeting of November 16, 1978:([1] remove one Phoenix Palm from 1341 Coolidge, G.A. Delgado; [2] remove one Tristania Conferta from 3228 Menard Street, M.A. Guaderrama; [3] remove one California Pepper tree from 520 "I" Avenue, Mr. Hall; [4] request from Mr. Jaime Miranda, 1224 E. 24th Street to remove two California Pepper trees denied, the trees will be trimmed; [5] remove one Braziliian Pepper tree from 502 "M" Avenue, Gabriel Pineda; [6] remove one Tristania Conferta from 3236 Menard Street, Mrs. Maria Urbano; [7] request from Mrs, Karl Welsbacker, 1005 E. 6th Street to remove one Phoenix Palm denied) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the recommendations, Carried by unanimous vote. CITY MANAGER - No report CITY ATTORNEY CITY ATTORNEY MCLEAN recommended Council authorize him to file suit against the Carver Corporation to enforce their provisions of their contract with the City concerning sewer construction. Moved by Camacho, seconded by Van Deventer, in favor of the City Attorneys recommendation. Carried by unanimous vote. OTHER STAFF PLANNING DIRECTOR GERSCHLER stated under Item 12 on the Agenda he failed to point out that there was a memorandum that changed the Planning Dept. recommendations on the Liquor License for the Ee)ot and he wanted the record to show that their recommendation is as setforth in their memo- randum of 12/4/78. MAYOR MAYOR MORGAN recommended that Council raise the hotel/motel occupancy tax to 8% because that is what it is in Chula Vista and San Diego. Moved by Van Deventer, seconded by Camacho, in favor of the Mayor's recommend- ation. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. CITY COUNCIL COUNCILMAN VAN DEVENTER recommended an increase in the BUSINESS LICENSE FEE FOR LUNCH WAGONS; it isn't fair to the business community of the City to let outsiders come in and penalize the people who are in the City. Moved by Van Deventer, seconded by Camacho, this be raised from $20.00 to $100.00 a year. Moved by Dalla, seconded by Waters, this item be tabled for one week. Carried by unanimous vote. COUNCILMAN WATERS spoke of the condominium development at 12th and "D"; there is a LACK OF OPEN SPACE in the project and we don't need that in the City. COUNCILMAN DALLA stated at last Council meeting the proposed REFUSE PLANT was approved in concept; perhaps his comments at the time were not clear; for the record, he does not support in concept or otherwise the location of thetrash facility in the City. COUNCILMAN WATERS stated he agreed. Moved by Morgan, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting Close -at :55 s.m. CITY CT RR CITY NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City e, EDCorrections (/ 3 cil on Dec. 19, 1978, cor ections CITY OF NATIONAL CITY, CALIFORNIA 12/5/78