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HomeMy WebLinkAbout1977 04-19 CC MIN103 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 19, 1977 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, Pinson, Reid, 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. Atwell Stewart, St. Matthew's Episcopal Church. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "Southwestern College Day" April 24. Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unanimous vote. MAYOR'S APPOINTMENTS - None. PUBLIC ORAL COMMUNICATIONS - None. CONSENT CALENDAR Ratification of WARRANT REGISTER 41 requested by City Treasurer/ Finance Director Kerr in the amount of $51,672.95 (Warrants nos. 57400 through 57458) was presented. Moved by Camacho, seconded by Dalla, these bills be paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. Planning Commission Resolution No. 24-77 amending Resolution No. 25-76 to provide for expiration of Conditional Use Permit No. 1976-7 60 days prior to expiration of bond and the removal of all stored material from site by date of expiration on property at 3460 Highland Avenue was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 27-77 approving application for Conditional Use Permit to allow addition to existing single family dwelling that will encroach 6-1/2 feet into required rear yard setback at 3016 Plaza Blvd. was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 28-77 approving application for Conditional Use Permit to allow restaurant serving cocktails, beer and wine at a bar at 1125 National Avenue was presented. Moved by Pinson, seconded by Camacho, this be filed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Pinson, Reid. Nays: None. Abstain: Morgan. Resolution No. 12,330, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF FUNDS FOR INCIDENTALS FOR "N" AVENUE FROM 8TH STREET TO PLAZA BOULEVARD AND 9TH STREET BETWEEN "M" AVENUE AND "N" AVENUE." Moved by Camacho, seconded by Dalla, Resolution No. 12,330 be adopted. Carried by unanimous vote. Resolution No. 12,331, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING SUPERIOR COURT FACILITIES IN SAN DIEGO COUNTY, SOUTH COUNTY REGIONAL CENTER." Moved by Camacho, seconded by Dalla, Resolution No. 12,331 be adopted. Carried by unanimous vote. 4/19/77 104 ORDINANCES FOR ADOPTION (second reading) Moved by Pinson, seconded by Camacho, these Ordinances (for second reading) be read by title only. Carried by unanimous vote. Ordinance No. 1569 (4/2:2/77-1) "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNI'4HABITED TERRITORY DESIGNATED 'FLANNERY ANNEXATION' TO THE CITY OF NATIONAL CITY (CALIFORNIA GOVERNMENT CODE SECTION 35310.1)." Moved by Camacho, seconded by Pinson, Ordinance No. 1569 (4/12 77-1) be adopted. Carried by unanimous vote. Ordinance No. 1570 (4/12/77-2) "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-3-77, to rezone from RM-1 (Multiple Family Residential Zone) Density 20 to RT-PD (Two Family Residential -Planned Development Zone) Density 15 of the property located between 6th and 7th Streets, having 165' of frontage on E. 6th Street lying between 1340 and 1400 (non -inclusive) E. 6th Street; and 215' of frontage on E. 7th Street lying between 1346 and 1441 [non -inclusive) E. 7th Street [Assessor's Parcels 557-101-01, 19, 20 and 21])." Moved by Pinson, seconded by Camacho, Ordinance No. 1570 (4/12/73-2) be adopted. Carried by unanimous vote. OLD BUSINESS Request from Natural Energy Systems, Inc. for STUDY OF SOLAR HEATING AT MUNICIPAL POOL (The City Manager recommended that rather than appropriating monies for this study at this time, the matter be deferr- ed to the Capital Improvement Program for a future year; also an investigation be made of grants or other funds that may be available to finance such a project other than using revenue sharing monies or normal city revenues). was presented. Moved by Pinson, seconded by Camacho, in favor of the Manager's recommendation. Carried by unanimous vote. NEW BUSINESS 1911 ASSESSMENT ACT proceeding reports on petitions from property owners 19TH STREET, Granger to Rachael Avenues were presented: (a) 62.05% Petition, for full street improvements (The Director of Public Works recommends Council accept the 1911 Act petition and order the City Engineer to prepare plans, specifications and report); (b) 67.12% petition, requesting drainage, grade street, install drains and catch inlets, secure easements with City participation (This is the second of two petitions for the same district; the only difference between petitions is that this petition does not include street paving; installation of a drainage system without street paving could cause maintenance problems. The Director of Public Works recommends Council reject the 67.12% 1911 Act petition because of duplication of petitioned works and because street improvements are not included.) Councilman Reid asked Dir. Pub. Works Hoffland if item (a) was a full width street. Mr. Hoffland stated 19th Street between Granger and Rachael was originally dedicated as an alley; the proposed 1911 Act Improvement under Petition (a) would bring that up to almost the standard width, full street there are five structures in the way of full street width improvements; the petition as presented does not affect those. There was further discussion. Moved by Morgan, seconded by Dalla, we approve this assessment district, 19th, Granger to Rachael the Engineer's recommendation on (a). City Attorney McLean stated it's too late for anyone to remove their name from a petition. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: Pinson. Moved by Reid, seconded by Morgan, (b) be denied and filed. Carried by unanimous vote. Co-sponsorship of CINCO DE MAYO PROGRAM at Kimball Bowl (The City has co -sponsored this program in conjunction with the National City - Lincoln Acres Community Action Council for the past eight years; $500.00 has been provided in the current budget to cover the cost of this event.) was presented. Moved by Camacho, seconded by Reid, this be approved. Carried by unanimous vote. 4/19/77 105 Liquor license applications were presented: (a) COZINE'S GROCERY, 402 W. 13th Street, off -sale beer & wine, person transfer; (b) LUNCH BREAK CAFE, 340 W. 26th Street, Suite E., on -sale beer & wine, eating place; (c) FOOD BASKET, 1320 Highland Avenue, off -sale beer & wine. Moved by Pinson, seconded by Camacho, in favor of the three applications, a, b, and c. There was discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla,_Pinson. Nays: None. Abstain: Reid, Morgan. A Claim for Damages from DONALD A. BERSTLER alleging theft of personal clothing from locked City -owned vehicle Sunday, February 27, 1977 was presented. Moved by Pinson, seconded by Reid, this be denied and referred to the City Attorney. Councilman Pinson asked City Manager Gill to check with the Chief of Police as to whether or not the applicant is unhappy with his work and see if it is necessary that he be allowed an automobile full time in his line of work. Motion carried by unanimous vote. The Dir. Pub. Works' recommendations to approve CHANGE ORDERS: (a) Change Order 1, to Sewer Relocation Contract 2, Artukovich, (would adjust and compensate for 323 lineal feet of sewer trench with adverse unforseen subterranean conditions; the project cost will be increased $2,907); (b) Change Orders No. 1, 2 and 3 to Sewer Reconstruction Contract 4, Carver, (Change Order #1 to change grade to facilitate construction at a reduction of $5,111.04 to the contract; Change Order 2 to repair a broken pump line and extending contract one day; Change Order #3 a directive to repair damaged facilities at no increase or decrease in the contract);(c) Change Order 1 to Sewer Reconstruction Contract 3, Kordick & Sons (gas lines at 4th and D required lowering a Sewer main; the added cost is estimated to be $7,100). Move by Reid, seconded by Camacho, these Change Orders be approved. Carried by unanimous vote. WRITTEN COMMUNICATIONS League of California Cities Legislative Bulletin #11-1977 was presented. Ordered filed by unanimous vote. OTHER BUSINESS CITY MANAGER City Manager Gill reported on a request from the City Clerk to release additional budgeted funds for travel to attend the International Institute of Municipal Clerks Annual Conference in Kansas City, May 21-27. Moved by Reid, seconded by Camacho, this be approved. Carried by unanimous vote. CITY ATTORNEY - No report. CITY COUNCIL COUNCILMAN CAMACHO asked for Council consideration of the expenditure of $300.00 for the Pony League SCOREBOARD: it needs rewiring, is not functioning properly; this money would buy supplies, city crews would do most of the work. Moved by Pinson, seconded by Dalla, this be referred to the City Manager. Carried by unanimous vote. COUNCILMAN CAMACHO stated that for years the City has been allotting the El Toyon Park ball park to be used by a College League, which was appropriate at the beginning because there were a lot of young people from Southwewtern College and Sweetwater High participating in the league; now, most of the ballplayers are from the San Diego area and they are utilizing our field; they have fields available to them in San Diego and they are making it impossible for the citizens of National City to have access to the field, our ball fields should be available for our own citizens; the City has been contributing $1500 4/19/77 106 a year to this and now there aren't any National City men on the team. Moved by Pinson, seconded by Reid, this be referred to the Manager for a report. Carried by unanimous vote. MAYOR MJRGAN stated five -six years ago the City bought a mat for the Judo Club El Toyon Park and they need two. Moved by Morgan, seconded by Camacho, they refer a mat for the El Toyon Judo Club to the Finance Committee. Carried by unanimous vote. (City Attorney McLean left Council chambers at 7;55 p.m. and returned 7:57 p.m.) MAYOR MORGAN stated there was a fine job on the boys boxing matches held this past Saturday, but they need a little help; as long as we have Revenue Sharing coming in this would be one place where we could help out people. Moved by Morgan, seconded by Camacho, this be referred to the Budget Committeeand have the Manager, make a report at budget time. Carried by unanimus vote. PUBLIC HEARING The CONTINUED HEARING on BUSINESS LICENSE FEES was held at this time. The City Manager recommended a joint task force be formed by the City and the Chamber of Commerce in regard to a revision of the Business License Tax and this matter be deferred until later in the year. VIC DEFORREST, 3514 Fairlomas Drive, Executive Director, Chamber of Commerce was present and stated they support wholeheartedly the recommendation of the City Manager. On one else spoke in this regard. Moved by Camacho, seconded by Pinson, the Public Hearing be closed ar‘d Manager's recommendation be approved. There was discussion. Motion carried by unanimous vote. The CONTINUED HEARING on proposed ZONE CHANGE to rezone the BONITA PARk, UNIT 2 properties from CT-PD to RM-1 and the REINER property from CT-PD to RS-2 (ZC-6-77) (The Planning Commission has recommended rezoning the Bonita Park Unit 2 properties to RM-1 and the Reiner pro- perty to remain CT.) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. No one was present in this regard. Moved by Pinson, seconded by Camacho, the Public Hearing be closed and the Planning Commission's recommendation be ap rid• Carried by unanimous vote. The PUBLIC HEARING on appeal of application for ZONE VARIANCE (Z-2-7?) to allow a THEATRICAL STUDIO and THEATRE offering live performances with less than the required amount of off-street parking at 500 E. Plaza Blvd. (Applicant - LAMBS PLAYERS, INC. (The Planning Commission recommended approval subject to three conditions: (a) this variance shall not become effective until the applicant files with the Planning Department a written statement acknowledging and accepting all condi* tions as hereinbelow set forth. Failure to file said statement within 30 days of Planning Commission hearing on the variance shall auto- matically terminate the variance; (b) seating shall be limited to 144 and a maximum 55 employees.Commercial vehicles used in connection with the operation of the premises shall not exceed six; (c) parking street sweeping shall be subject to review by the Police Department and Public Works Department, respectively, and a time limit on the parking, day and night, be imposed, if necessary))and The PUBLIC HEARING on appeal of application for CONDITIONAL USE PERMIT (CUP-1977- 2) on proposed use of property at 500 E. Plaza Blvd. foa �ATRICAL'{,RS STUDIO and THEATRE offering live performances (ApplicantI'� INC. [The Planning Commission has recommended approval subject to three conditions, as amended: (1) this conditional use permit shall not become effective until the applicant files with the Planning Department a written statement acknowledging and accepting all condi tions as hereinbelow set forth; failure to file said statement within 30 days of Planning Commission hearing on the Conditional Use Permit .. shall automatically terminate the conditional use permit; (2) Theatrical 4/19/77 107 performances shall be limited between the hours 7:00 P.M. and 11:00 P.M.; [3] if the Planning Director finds that any of the following facts exist, with reference to said Conditional Use Permit, he shall recommend to the Planning Commission that the Conditional Use Permit be revoked: (a) that the same was obtained by fraud; or, (b) that the use authorized by the Conditional Use Permit has ceased, or has been suspended, for any reason, for a period of 6 months or more; or, (c) that the Conditional Use Permit is being exercised in a manner contrary to any law or conditions of approval imposed upon such Conditional Use Permit; or, (d) that the use pursuant to said Conditional Use Permit is being, or has been, exercised in a manner detrimental to public peace, health, safety, or welfare, or in a manner to constitute the same a public nuisance) were held at this time. City Clerk Campbell stated the Certificates of Publication and Affidavits of Mailing were on file. Planning Director Gerschler said the Agenda should have reflected that the Planning Commission approved both cases, the approval was appealed by the City Council and Council is now hearing that appeal. LORRAINE KNUDSON, 2210 J Street, was present and spoke in support of the Lamb's Players and their request for Zone Variance and Conditional Use Permit. ROSEMARY DAVIS, 716 E. 1st Street, was present and spoke in support of the Lamb's Players. JOSEPHINE COMEDA, 432 E. Plaza Blvd. was present and spoke in support of the Lamb's Players and said the parking situation is very difficult. PAT SIMPSON, 421 F Avenue, was present and spoke in support of the Lamb's Players; she stated she knows the parking is difficult but there are times when sacrifice is needed when it will benefit the community as a whole and this is one of those times. DELORES VAN NOY, 530 E. 3rd St. was present and stated she feels the Lamb's Players will be an asset to the Community. There was discussion. City Attorney McLean stated the variance grants to the owner of the property the ability to operate a theater with a minimum off-street parking, that right is not restricted to these applicants, this is a right that attaches to the land; the Conditional Use Permit goes to the Lamb's Players, Inc. and will impose further restrictions, that is that they can have seating for 144 people, they can have 55 employees, performances from 7-11 P.M., those rights cannot restricted to City Council approval, the content of the presentations; so if you believe by passing this you are restricting activities on the land to religious performances, you're wrong. City Attorney McLean stated there are two problems here, first is the fact that this property does not offer the parking capacity that the zoning law requires and the owner of the property is asking for a variance to be excused from the legal requirement to the City's law requiring off-street parking; variances are to be granted on the basis that there is a hardship connected with the land which prevents the land from enjoying the same rights that other land similiarly situated would enjoy; staff feels the "required showing" for approving the variance was weakly made in the Planning Commission proceedings; it is suggested that the Council insist upon substantial evidence before the zone variance is granted; when you grant an exemption to the City's zoning laws that exemption attaches to the land, there is no basis for Council to say, the variance is granted as long as you put on religious shows which we approve of, if you don't we'll remove it. Planning Director Gerschler stated the Planning Department treats Conditional Use Permits as being for that use mentioned in the Use Permit; if tomorrow an application or request to put in another type of theater in this building, we would say "no," the decision would be subject to appeal and review by the Council; the only use that could be substituted would be the use mentioned in the original application, this is an.administrative decision and not a legal one; this is only in regards to the Conditional Use Permit, not the variance. City Attorney McLean stated he wanted Council to understand that you can't grant a zoning permit based on the fact that you like what the people are doing and then when someone comes in and puts on a show you don't like suddenly shut them out. Moved by Camacho, seconded by Reid, these Public = ---0rin�c 50 c1g,sed and that- the done 'lariance and Conditional Use Permit be granted and the Planning Commission's recommendations adhered to. STEVE TERRELL, 1944 Helix Street, Spring 4/19/77 108 Valley, was present and stated Lamb's Players, Inc. are a Christian group and they aren't about to sell to someone who would be a detriment to National City; they are involved in the City and want to be a part of the City, a good influence; they don't plan to sell and if they do it would probably be to another Christian group; they plan to expand here and not to sell; if they did sell it would be at least seven years; they will need more room in seven years. Motion carried by unanimous vote. OTHER BUSINESS Mary Holthaus, 1233 Palmer Way, and her daughter Sandy were present and invited Council to attend the "Special Olympics" to be held at Hilltop High School Saturday, April 23; the opening ceremony will begin at 9:45 a.m. Mrs. Holthaus stated that in the past the City Council has always made an effort to attend and they are most appreciative. Moved by Camacho, seconded by Dalla, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:35 p.m. City Clerk City of National City, California The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of May 3, 1977. ?Corrections ;No Corrections May City of National City, California 4/19/77