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HomeMy WebLinkAbout1977 10-25 CC MIN256 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 25, 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, Dalla, Reid, Morgan. Absent: Pinson 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 Bill Ward, Paradise Valley Hospital. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council by title only. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,508, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - Phillip E. Striffler and Mary Ann K. Striffler - Harbison, 2200 block & Easement - Phillip E. Striffler and Mary Ann K. Striffler)." Moved by Reid, seconded by Camacho, Resolution No. 12008 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,509, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Harbison Avenue)." Moved by Camacho, seconded by Reid, Resolution No. 12,509 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,510, "RESOLUTION ACCEPTING CONVEYANCE RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Phillip E. Striffler & Mary K. Striffler)." Moved by Reid, seconded by Camacho, Resolution No. 12010 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,511, "RESOLUTION APPROVING FINAL SUBDIVISION MAP FOR LEISURE I ESTATES." Moved by Camacho, seconded by Reid, Resolution No. 12,511 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,512, "RESOLUTION APPROVING REVISED TENTATIVE SUBDIVISION MAP FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 16TH STREET, WEST OF LANOITAN (Morning Breeze)." Moved by Camacho, seconded by Reid, Resolution No. 12,512 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla. Absent: Pinson. 10/25/77 257 ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Reid, this Ordinance for introduction be by title only. Carried by unanimous vote. Absent: Pinson. Ordinance No. 10/25/77-1, "Licensing the transaction and carrying on of certain businesses, trades, professions, callings and occupations for the purpose of raising municipal revenue and providing a penalty for the violation thereof." ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Dalla, these Ordinances,be,presented by title only. Carried by unanimous vote. Absent: Pinson. Ordinance No. 9/20/77-1. "To add planned development combining zone to certain real properties zoned RM-1 and adopting said ordinance as an interim zoning ordinance and as an urgency ordinance. (Between "N" Avenue and Palm Avenue within 900 and 1000 blocks.)" Moved by Dalla, seconded by Camacho, Ordinance No. 9/20/77-1 be continued one week. Carried by unanimous vote. Absent: Pinson. Ordinance No. 10/18/77-1, "Adopted as an interim/urgency zoning ordinance pursuant to Sec. 65858 of the California Government Code, to specifically limit the quantity and design of new apartment house projects on certain designated properties within the City." Moved by Dalla, seconded by Camacho, Ordinance No.. 10/18/77-1 be continued for one week. Carried by unanimous vote. Absent: Pinson. OLD BUSINESS Application for OFF -SALE BEER AND WINE LICENSE by Tic Toc Systems, Inc., dba U-Totem, 2400 E. 3th Street, was presented. Moved by Camacho, seconded by Reid, this be approved. LYLE FREDRICKSON, Temperance Secretary of the Paradise Valley Adventist Church, was present and filed a petition signed by 289 people in the area who are against the issuing of this license. Mr. Fredrickson stated the area has seen an increase in the number of break -,Pins; liquor aggravates the situation; their church office has been broken into twice; a motor home in the area was broken into and all the tools removed; the hospital has been robbed several times; it is for this reason that they are taking this action. There was discussion. Motion to approve application failed, by the following vote, to -wit: Ayes: Camacho, Reid. Nays: Dalla, Morgan. Absent: Pinson. Moved by Morgan, seconded by Camacho, this petition of protest be referred to the ABC Board. Carried by unanimous vote. Absent: Pinson. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 14,in the amount of $98,769.67 (Warrants Nos. 59732 through 59872, void checks 59730, 59731) was presented. Moved by Camacho, seconded by Reid, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Absent: Pinson. The Community Development Commission Executive Director's recommendation that two public hearings on the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM be held on November 1 and November 15, 1977 was presented. 10/25/77 258 Moved by Reid, seconded by Camacho, this be proyed. Carried by unanimous vote. Absent: Pinson. The Director of Public Works' recommendation to DENY request for DRIVEWAY adjacent to property line at northeast corner of Plaza Blvd. and "N" Avenue, Frontier Building Co. (Plaza Square is a proposed development at the northeast corner of Plaza Blvd. and "N" Avenue; the developer has requested approval of driveways adjacent to his property lines on both Plaza & "N"; the area carries a high traffic volume and does not have parking lanes at the driveway location; because of the location of proposed rubbish containers, National City Rubbish Service will have to back out into Plaza Blvd. and "N" Avenue traffic lanes.) was presented. The Director of Public Works stated that no objection is posed for the driveway on "N" Avenue. Moved by Morgan, seconded by Dalla, this recommendation be approved. Carried by unanimous vote. Absent: Pinson. The Director of Public Works' recommendation on application for deferral of street improvements at 2220 McKinley Avenue (Hardford, Inc.) (deferral of requirements to install pavement on 22nd Street provided the property owner signs a covenant not to protest a 1911 Act for street improvements; deferral of gutter and sidewalk repairs be denied.) was presented. Moved by Dalla, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. Absent: Pinson. PUBLIC HEARINGS The HEARING on APPEAL of Planning Commission DENIAL OF 430 SQUARE FOOT SIGN FOR PARIS PUSSYCAT THEATRE was held at this time. Planning Director Gerschler stated the Planning Commission denied the sign for the following reasons: (1) Using the definitions and provisions contained in the Sign Code, the sign is a "multiple copy" sign containing 100% of "copy area;" such signs are limited to maximum 40% of copy area pursuant to Section 18.62.030 and "Appendix A"; (2) "high -intensity" neon (1500 mill) is prohibited pursuant to Section 18.62.190 F-2; (3) "scintillating" animation (flashing) is prohibited if frequency of flashing exceeds "sixty times per minutes," pursuant to Section 18.62.190 F-3. Mr. Gerschler said such frequency is measured on the aggregate of all such bulbs...thus a 4 pt. flasher would only allow 15 flashes per minute on any single bulb or pt.; the Planning Commission's actions reconfirmed the Planning Department staff findings. ROBERT TOURTELOT, attorney representing Walnut Properties, the permitee of the theater was present and said they are not asking for an affirmation of the decision of the Planning Commission but rather a modification of the decision, which they feel would benefit the City; the Planning Commission denied the plans submitted for the sign on three reasons previously stated; under item 3, he agreed with the Planning Commission decision and has so advised his client and they are agreeable to modification to bring the sign within the meaning of the Ordinance as related to the flashing aspects. Mr. Tourtelot stated their position is that the sign is a principal identification sign and the Planning Commission labeled it a multiple copy sign; without going into detail, the definition of a principal identification sign (keeping in mind that it is a marquee for a theatre) is "a sign that identifies only the name of the business" (which this sign does) and "the principal product or service." in the case of a theatre the principal product or service is the Movie that they are showing; in any event, the Code provides that you are allowed to use 30% of the face of the building for the sign; 30% of the face of this building would total 540 square feet; the plans submitted only show 430 square feet for the sign; they are only allowed to use for copy pursuant to the Ordinance, 40% of that area; the way the sign plans are presently prepared the copy area exceeds 40%. Mr. Tourtelot stated he wanted to make the point that they have 540 square feet available to 10/25/77 259 use for the sign; they could use the entire 540 square feet, cut off a ?`-all of the copy area at the bottom and increase the lettering for Pussycat Theatre 91/2"; which would bring them within the multiple copy sign definition; but what you would have is a sign larger than what they intended to do; they are only using 80% of the amount of the face of the front of the theatre that is available to them under the Ordinance. JACK YEMANS, Neo-Lite Sign Company, was present and stated he agreed with Mr. Tourtelot. Mr. Gerschler stated they have denied the sign on the three grounds previously stated; if they were to redesign the sign to eliminate the denial, they would have to do two things; they would have to slow down the speed of the flashers; they would eliminate high intensity neon; and, they would have to reduce the copy area of the sign to no more than 40% of the background dimensions of the sign; if those three changes were made the sign would meet the requirements. No one else spoke in this regard. Moved by Dalia, seconded by Camacho, the public hearin9 be closed and the interpretation of the Planning Commissialbe affirmed. Carried by unanimous vote. Absent: Pinson. The HEARING to consider AMENDMENT TO OFFICIAL ZONING MAP to REZONE property at the northwest corner of 24th Street and Newell Avenue and properties at 1839, 1923, and 1925 - 24th Street from RM-1-D5 to RS- 2-D10 was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated the Planning Commission recommended retaining RM-1 zoning but to approve increase in density from D-5 to D-10; this property is adjacent to but not part of the adjoining condominium project; these properties, (unless they are first consolidated) wouldn't be eligible for a condominium project, they're too small. OPAL DODGE, 615 "Q" Avenue, was present and stated she agreed with the decision of the Planning Commission -- this should remain as RM, the density increased to 10 and the rest of the property owners don't want this down -zoned to RS right away; they feel if it is downgraded to RS it would be downgrading their property. IRENE SNYDER, 7021 Payner Avenue, Whittier, owner of the property at 1923 "Q" Avenue, was present and stated she would accept the RM remaining RM, density 10, but opposes single family dwellings. BEATRICE MILLER, 1925 E. 24th Street, was present and stated she agreelwith the decision of the Planning Commission. No one else spoke in this regard. Moved by Camacho, seconded by Reid, the Public Hearing be closed and the Plannin Commission's recommendation adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. The HEARING to consider AMENDMENT TO OFFICIAL ZONING MAP to REZONE from ML to CH the westerly 115 feet of the City block bounded by 16th Street, National Avenue, and West Avenue and the westerly 125 feet of the Brown Motors auto dealership bounded by West Avenue, l8th Street, and Roosevelt Avenue (ZC-18-77) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated Council (on Planning Commission recommendation) recently amended the General Plan (GP-2-77) to change this property from "Light Manufacturing" to "Heavy Commercial" with that change the City is then required to make the zoning map comply; this case will do that; the Planning Commission recommends the zone change from "Light Manufacturing" to "Heavy Commercial" be made. No one was present in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and the recommendation of the Plannin Commission adopted. Carried by unanimous vote. Absent: Pinson. The HEARING to consider AMENDMENT TO OFFICIAL ZONING MAP to REZONE property at the northeasterly corner of Euclid Avenue and Division Street from CL to CBD-PD (Alessio, ZC-20-77) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated this 10/25/77 260 is a follow-up to GP-2-77 which changed the land use designation on this property from "Neighborhood Commercial" to "General Commercial;" the rezoning to CBD-PD will allow a broader range of commercial activities to take place in this center than is allowed under the existing CL zoning; this zone change matches a rezoning to CBD-PD for the shopping center property across the street at the northwest corner of Euclid and Division; the Planning Commission recommended in favor of this change. ANGELO ALLESSIO, President, Alessio Motor Sales, was present and stated he agrees with the Planning Commission's recommendations. No one else spoke in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and the Planning Commission's Iendatireconinaard. Carried by unanimous vote. Absent: Pinson. The HEARING to determine whether public health, safety, or welfare require the 'formation of UNDERGROUND UTILITY DISTRICTS on National Avenue between 8th and 12th Street, District 7, and on National Avenue between 4th and 8th Street, District ;was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing are on file. Director of Public Works Hoffland stated the National City Underground Conversion Commission recommended in favor of this; the project is estimated to cost $466,000 for electrical conversion; approximately$19L.,000 has been allocated by SDG&E for the work; Pacific Telephone and Mission Cabe TV also have funds for the work. No one spoke in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and the recommendation of the National City Underground Coversion Commission be adopted. Carried by unanimous vote. Absent: Pinson. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. TRAFFIC SAFETY COMMITTEE Director of Public Works' recommendations from the October 12th meeting of the Traffic Safety Committee were presented: (a) to install a parking prohibition between driveways at 832 Hoover Avenue; (b) to install a left -turn prohibition on the exit from Harbison school parking lot; (c) to restore three parking spaces on the south side of Plaza Blvd. west of Ward's driveway; (d) direct the City Engineer to conduct speed surveys on all select streets as required by the vehicle code for speed limit enforcement; (e) to install a parking prohibition on the north side of Plaza Blvd. between National and the alley east of "A" Avenue. Moved by Camacho, seconded by Dalla, they be approved. Carried by unanimous vote. Absent: Pinson. MAYOR MAYOR MORGAN suggested Council direct the City Attorney to prepare the pending urgency Ordinance regarding apartment house projects on certain designated properties within the City for the March 1978 ballot so the citizens can vote on the issue. Councilman Camacho stated he is not in favor of a moratorium on apartments within the City. CITY COUNCIL COUNCILMAN REID inquired about provisions for the health and safety of the monkeys moved out of the zoo pending construction. City Manager Gill stated he has directed Director of Bldg. & Housing Biggs to winterize the cages to protect the animals. COUNCILMAN CAMACHO requested Councii's permission to invite Mr. Robert Nelson of the Metropolitan Transit Development Board to make a presentation of current actions and activities of the Board. Moved by Camacho, seconded by Reid. permk§sion branted. Carxied by unanimous vote. Absent; Pinson. 10/25/77 261 Moved by Camacho, seconded by Reid, themeetinq be closed. Carried by unanimous vote. The meeting closed at 8:25 p.m. CITY CLERK CITY •F NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of November 8, 1977, Corrections 21-;,0 corrections MAY CITY OF NATIONAL CITY, CALIFORNIA 10/25/77