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HomeMy WebLinkAbout1986 06-24 CC MINBook 67/Page 79 6 /24 /86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 24, 1986 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council m embers present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, Mc Cabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Mc Cabe, followed with invocation by the Rev. Wilfred Reyna, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Cooper, the minutes of the adjourned meeting held on June 9 and the regular meeting of June 10 be approved as submitted, and the regular meeting of June 17 be approved with corrections to the motions re the Lions Club-4th of July (as shown on page 75r). Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. BOARDS/COM MISSIONS APPOINTMENTS Vice Mayor VanDeventer presided over the appointments, inviting applicants to come forward and state why they would like to serve. The following applicants spoke: Roberto Andrade, applicant for Park & Rec. Advisory Board Mary Christine Stein, applicant for Civil Service Commission Angeles (Lily) Martin, applicant for reappointm ent to Civil Service Com mission Leah Copp Williams, applicant for Civil Service Commission James Marler, applicant for Park & Rec. Advisory Board and David Gasca, applicant for Traffic Safety Committee (Mr. Gasca said that he would be unable to get to 1:30 p.m. meetings and asked if the meeting time could be changed.) Vice Mayor VanDeventer thanked the applicants and said the City Council would make the decisions on appointments at the meeting next Tuesday at 4:00 p.m. PUBLIC ORAL COMMUNICATIONS PROPERTY ABATEMENT KENNET H C OOLEY, Esq, 616 National City Boulevard, representing Julian Harmston, was present and requested a 14—day extension of time for Mr. Harmston to abate the public nuisance on his property (2917 "L" Ave.); Mr. Harmston has done considerable work, but will not be able to meet the deadline of June 27. RECOMMENDATION: Fire Chief Kimble was present and said he would be willing to grant such extension. ACTION: Moved by VanDeventer, seconded by Cooper, to grant 14 more days. Carried by unanimous vote. CODE ENFORCEMENT M RS. JOSEPHINE KAUFMAN, 2785 East 16 Street, was present and requested additional time to remove two cars from her property; she received notice to abate "abandoned/inoperative" cars from the premises. RECOMMENDATION: Director of Planning Post said he would have no problem with an extension of time. ACTION: Moved by Waters, seconded by VanDeventer, Mrs. Kaufman be granted a thirty —day time extension. Carried by unanimous vote. PUBLIC HEARINGS ZONING — GENERAL PLAN — PLANNED DEVELOPMENT 4. SUBJECT: Public Hearing on GENERAL PLAN AMENDMENT (GP-2-85) and ZONE CHANGE (ZC-4-85) applications to change the designations on the combined General Plan/Zoning Map from RS-3—P U D to IP—P D for an Book 67/Page 80R 6/24/86 approximate 7.12 acre canyon site southwest of Rachael Avenue at Blueridge Street, to be developed as a SENIOR CITIZEN COMMUNITY CARE FACILITY with 250 beds, group dining, health care, recreational and social activities, appl icant: Stevens Planning Group, was held at this tim e. The City Clerk reported the Certificate of Publication and the Affidavit of Mailing of the Notice of the hearing were on file. RECOMMENDATION: Planning Commission and Staff recommend denial. TESTIMONY: Donald F. McLean, Jr., Esq. (attorney for the applicant) was present and requested: a. This Public Hearing be continued to the tim e of the next General Plan hearing (in November or December) to enable the applicant to prepare plans for a more attractive building (He displayed a rendering of a building in the style of Hotel Del Coronado) and b. As staff raised the issue of the plan being more workable if the development was accessible from the lower level of the site to Calle Abajo and the applicant does not own the property between the lower property and Calle Abajo, Council instruct staff to determine how that right—of—way might be acquired by the developer at the developer's expense. RECOM MENDATION: Planning Director Post said this section of the four General Plan amendments scheduled for hearing tonight could be continued to the next General Plan hearing. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of the request for the continuance and the request regarding the street. Carried, by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. ZONING — GENERAL PLAN — PLANNED DEVELOPMENT 1. SUBJECT: Public Hearing on the proposed General Plan Amendment (GP-7-85) and Zone Change (ZC-5-85) Applications to amend the combined general plan/zoning map from RS-3—PD, RS-2, CG—PD and CL to RT—PUD for 10.4 acres in the area east of Harbison Avenue, between Eighth Street and Plaza Boulevard, Applicant: Childers Developm ent Co., Inc., for future development of two—family residences on 104 residential lots with planned development overlay was held at this time. The City Clerk reported the Certificate of Publication and the Affidavit of Mailing Notice of the Hearing were on file. RECOMMENDATION: Planning Commission recommended that Council adopt the environmental findings, certify the final EIR and approvw the proposed General Plan Amendment and Zone Change. Planning Dir. Post said staff concurred with the Planning Commission. TESTIMONY: The following persons spoke against the zone change and General Plan Amendment: Sam King, 826 Olive Mary Christine Stein, 3134 Tolas Court Patricia Pallo, 705 Harbison Larry Burke, 3014 East 11 Street Ed Nieto, 230 Laurel Ave. Mrs. Cecil Smith, 3024 East 9 Street Lucita Cantares, 3145 East 8 Street. Appearing in favor of the zone change/general plan amendment was Robert Childers, 1660 Hotel Circle North, developer. Mr. Childers outlined the history of the particular piece of land, described former projects planned for it and then showed artists renderings of his proposed project of two—family residences, explained how they would take care of the drainage problems, etc. and answered Council's questions. A CTION: Moved by VanDeventer, seconded by Waters, the public hearing be closed and this zone change/general plan amendment be denied because of density and incompatibility with the surrounding area. Carried, by the following vote, to —wit: Ayes: Van Deventer, Waters, Morgan. Nays: Cooper, Dalla. ZONING — GENERAL PLAN 2. SUBJECT: The Public Hearing on General Plan Amendment (GP-2-86) and Zone Change Application (ZC-2-86) to change the land use designations on the co mbined general plan/zoning map from CL and CL—P D to RS-2 or an alternative residential designation for specific property on the north side of 8th Street, between Pleasant Lane and Rachael Avenue (3003-3145 8th Street), Applicant: City Initiated, was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing Notice of the Hearing were on file. Book 67/Page 81R 6/24/86 RECOMMENDATION: The Planning Commission recom mends that Council approve the Negative Declaration and adopt the general plan amendment/zone change. Staff concurs with Planning Commission. TESTIM ONY: The following persons appeared and protested the proposed changes: Gerald Hendrickson, 629 Third Ave., Chula Vista Mrs. Margaret Bell Dr. George Urey, 511 Highland Ave. Kenneth McBride, 3745 Calavo Drive, La Mesa Lucita Cantares, 3145 East 8 Street Donald Hill, 228 Palm Ave. Among reasons given for protest were: the impossibility of living in the vicinity of 8th and Harbison because of heavy traffic and fumes, devaluation of property, etc. ACTION: Moved by Waters, seconded by Cooper, the public hearing be closed and the general plan amendment/zone change be denied. Carried, by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. Moved by VanDeventer, seconded by Cooper, staff bring this back at the next General Plan hearing PD (Planned Development) Overlay on those properties zoned C L. Carried by unanimous vote. ZONING — GENERAL PLAN — PLANNED DEVELOPMENT 3. SUBJECT: The Public Hearing on the General Plan Amendment (GP-1-86) and Zone Change (ZC-1-86) for property in the area north of Fourth Street on both sides of Palm Avenue from CL to RM-3—PD and RS-3—PD or RM-1—PD on the west side of Palm Avenue, and from CL to IP and from RS-2 to IC on the east side of Palm Avenue, to enable the Apostolic Assembly Church to develop a 20—unit senior citizen apartment building with 12 on —site parking spaces with additional parking at the nearby church, Applicant: Pastor J. Frank Morales, was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing of the Notice of Hearing were on file. RECOMMENDATION: Planning Commission recommnds Council approve the Negative Declaration and the general plan/zone change as set forth in Planning Commission Resolution No. 28-86. Staff concurs with the Planning Commission. TESTIMONY: The following persons appeared and protested the general plan amendment/zone change: Donald Hill, 228 Palm Ave. Lloyd Barber, Lemon Grove The protests were to leave their commercial property as is. Appearing in support of the changes were: Pastor Frank Morales, Apostolic Assembly Church Art Lopez, member of the Apostolic Assembly Church ACTION: Moved by Morgan, seconded by VanDeventer, the public hearing be closed and the general plan amendment/zone change with the exception of the presently commercially zoned property be approved. Moved by Dalla, the motion be amended to approve the change on one side of the street only. Died for lack of second. Motion carried by unanimous vote. 4. Public Hearing — GP-2-85/ZC-4-85 See above. ZONING — CODE AMENDMENT 5. SUBJECT: The Continued Public Hearing on the Proposed amendment to Title 18 (Zoning) of the National City Municipal Code to establish regulations for automotive and truck repair establishm ents and other uses located within manufacturing and industrial zones to help mitigate parking problems on the West Side, Case File No. A-6-85, was held at this tim e. CONFLICT OF INTEREST: Mayor Morgan, Vice Mayor VanDeventer and Councilman Cooper each declared a possible conflict of interest because of ownership of land in the area. City Attorney Eiser ruled they would have to abstain and Council would be unable to take action; there is a rule of necessity which allows Council to select one of those m embers by random selection to participate; this practice is recognized by the Fair Political Practices Commission and the State Attorney General. The City Attorney had prepared straws, two long and one short, and had Messrs. Morgan, Van Deventer and Cooper draw straws. Councilman Cooper drew the short straw, enabling him to act. Mayor Morgan requested the City Attorney write an outline of this procedure approved by the FP PC and the State Attorney General and place it on an Agenda. Vice Mayor Book 67/Page 82 6/24/86 Van Deventer said he, too, would like such a report, it would be very helpful. The Mayor and Vice Mayor stepped down and sat in the audience. Councilman Waters, the previous Vice Mayor, presided. RECOMMENDATION: Planning Commission recommends approval of the Code amendment. Staff concurs with Planning Commission. TESTIM ONY: No one appeared in this regard. ACTION: On request of Councilman Dalla, the recom mendations A through F were considered in seriatim: A. "New Requirements for Construction of Metal Buildings..." Moved by Dalla, seconded by Cooper, the recommendation be approved. Carried by unanimous vote. Absent: Van Deventer, Morgan. B. "Minimum lot size for new automobile and truck repair service establishments...10,000 sq. ft....1-2,000 sq. ft. required for outdoor parking/storage of vehicles pending repair..." Discussion regarding the 1-2,000 sq. ft. for parking/storage. Moved by Cooper, seconded by Dalla, to strike that provision (outdoor parking/storage). Carried by unanimous vote. Absent: Van De venter, Morgan. Moved by Cooper, seconded by Waters, the rest of Item B (2 and 3) be approved. Carried by unanimous vote. Absent: Van Deventer, Morgan. C. "Additional Distance between Building Walls with Overhead Doors and a Streetside Setback or Property Line." Discussion re applicability of 20' setback to corner Tots. Moved by Cooper, seconded by Dalla, a 20' setback would be required for a corner lot on one frontage only and on the other side the setback would remain as it is and if there is no overhead door to the front of interior Tots with alley access the setback could remain as is. Carried by unanimous vote. Absent: Van Deventer, Morgan. Moved by Dalla, seconded by Cooper, to approve whatever is left of item C. Carried by unanimous vote. Absent: Van Deventer, Morgan. D. "Prohibit the Fencing Off of Required Areas of Off —Street Parking. "Moved by Dalla, seconded by Waters, in favor of Item D. Motion failed, by the following vote, to —wit: Ayes: Dalla, Waters. Nays: Cooper. Absent: Van Deventer, Morgan. E. "Increase in Ratio of Required Off —Street Parking...(one space for every 500 sq. ft. of building area plus one space/500 sq. ft. or fraction thereof of gross floor area plus one space/service vehicle.)" Moved by Dalla, seconded by Waters, in favor of Item E. Councilman Cooper spoke against the one space/service vehicle. Moved by Cooper, seconded by Dalla, the off—street parking required shall be one space for each 500 sq. ft. or fraction thereof of the gross floor area. Carried by unanimous vote. Absent: VanDeventer, Morgan. F. "Uses to be Adequately Housed in Completely Enclosed Buildings within the Manufacturing Zones." Moved by Cooper, seconded by Dalla, to approve item F. Carried by unanimous vote. Absent: VanDeventer, Morgan. Moved by Cooper, seconded by Dalla, the public hearing be closed and staff recommendations be adhered to with the corrections to items A through F. Carried by unanimous vote. Absent: VanDeventer, Morgan. Acting Chair Waters called a three minute recess at 10:38 p.m. Council reconvened at 10:42 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS Consent resolutions 6 thru 13 (Resolutions Nos. 14,990 thru 14,997) Moved by VanDeventer, seconded by Waters, the resolutions be read by title and the Consent Resolutions with the exception of 7, 9 and 10 be approved. Carried by unanimous vote. PARKING/TRAFFIC 6. Resolution No. 14,990, "A RESOLUTION OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION NO. 14,949 (STOP CONTROLS, "L" AVENUE BETWEEN 16TH STREET AND PLAZA BOULEVARD)." Adopted. See above. PERMIT 8. Resolution No. 14,992, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE NATIONAL CITY LIONS CLUB FOURTH OF JULY FIREWORKS DISPLAY PERMIT." Adopted. See above. Book 67/Page 83 6/24/86 CONTRACT — SUBDIVISION 11. Resolution No. 14,995, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN BONITA VALLEY PARTNERS AND THE CITY OF NATIONAL CITY FOR MONUMENTATION OF BONITA VALLEY SUBDIVISION." Adopted. See above. CONTRACT — WASTEWATER MGMT 12. Resolution No. 14,996, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN BONITA VALLEY PARTNERS AND THE CITY OF NATIONAL CITY FOR CONSTRUCTION OF A SEWER." Adopted. See above. CONTRACT — TRAFFIC SIGNAL 13. Resolution No. 14,997, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN BONITA VALLEY PARTNERS AND THE CITY OF NATIONAL CITY FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF HIGHWAY 54 AND VALLEY ROAD." Adopted. See above. CONTRACT — BLOCK GRANT 7. Resolution No. 14,991, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING AMENDMENT NO. 1, STATE ECONOMIC DEVELOPMENT BLOCK GRANT NO. 83—EDBG-018, SOUTHEAST CORNER 30TH STREET AND NATIONAL CITY BOULEVARD, NATIONAL CITY, CALIFORNIA." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,991 be adopted. Carried by unanimous vote. PARKING/TRAFFIC 9. Resolution No. 14,993, "A RESOLUTION ESTABLISHING STOP CONTROLS ON THE EAST LEG OF NATIONAL CITY BOULEVARD AND THE SOUTH LEG OF MAIN STREET AT THE INTERSECTION OF NATIONAL CITY BOULEVARD, OSBORN STREET, MAIN STREET AND FIRST STREET (TSC 86-29)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,993 be adopted. Carried by unanimous vote. CONTRACT — CITY FACILITIES (HANDICAPPED MODIFICATIONS) 10. Resolution No. 14,994, "A RESOLUTION DECLARING RAUL MENDOZA CONSTRUCTION THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RAUL MENDOZA CONSTRUCTION." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,994 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. RESOLUTIONS BELOW WERE NOT PART OF THE CONSENT CALENDAR CONTRACT — TRAFFIC SIGNALS 14. Resolution No. 14,998, "A Resolution declaring Select Electric Company the lowest responsible bidder and authorizing the Mayor to execute an agreement with Select Electric Company." Moved by Waters, seconded by VanDeventer, in favor of delaying this resolution for one week. Carried by unanimous vote. CONTRACT — CITY FACILITIES — POLICE 15. Resolution No. 14,999, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR AE SERVICES FOR THE PROPOSED POLICE STATION FACILITY." Moved by Van Deventer, seconded by Cooper, Resolution No. 14,999 be adopted providing phase two comes back to Council for approval. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. ORDINANCES FOR ADOPTION MUNICIPAL CODE — CODE ENFORCEMENT Moved by Van Deventer, seconded by Waters, the ordinance be presented by title. Carried by unanimous vote. 16. Ordinance No. 1886, "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING SECTION 11 OF ORDINANCE NO. 1433, AND SECTION 11.48.120 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO ABATEMENT AND REMOVAL OF ABANDONED, WRECKED, DISMANTLED, OR INOPE RATIVE VEHICLES." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1886 be adopted. Carried by unanimous vote. Book 67/Page 84 6/24/86 NEW BUSINESS 17. SUBJECT: WARRANT REGISTER NO. 51, dated June 17, 1986, in the amount of $207,457.46 (Warrants Nos. 92439 through 92530) was presented. ACTION: Moved VanDeventer, seconded by Dalla, the Warrant Register be ratified. Carried by unanimous vote. CLAIMS/LITIGATION 18. SUBJECT: The Claims for Damages of Jose Pelayo and 19. William Dee Lankford were presented. ACTION: Moved by Dalla, seconded by VanDeventer, the claims be denied and referred to the City Attorney. Carried by unanimous vote. FINANCE ADMIN/REPORT 20. SUBJECT: The Finance Director's Cash and Investment Reports as of May 31, 1986, were presented. ACTION: Ordered filed by unanimous vote. LIBRARY 21. SUB JE CT: Presentation was made to City Council, by the Chair of the Library Board of Trustees, of Library Plan of Service. ACTION: None required. (Note: As no copy was given to the City Clerk, it cannot be described herein, nor will there be a copy on file.) STREET — SIDEWALK/CURB/GUTTER 22. SUBJECT: Proposed locations and quantity sheets for the sidewalk, curb and gutter and pedestrian ramps installation or removal and replacement — Work Order No. 2 for the Project of Replacement and Installation of Sidewalk, Curb and Gutter at Various Locations in National City, Engineering Spec. No. 976 was presented. RECOMMENDATION: Approval of the attachment to the A200. ACTION: Moved by VanDeventer, seconded by Waters, for approval. Carried by unanimous vote. (Note: As no copy of the attachment was given to the City Clerk, it cannot be described herein, nor will there be a copy on file.) RECORDS MGMT/CONTRACT ADMIN 23. S U B J E CT: The City Clerk's proposed change to contract for Records Management Services to add Legislative History for the years 1983 and 1984, which were erroneously omitted from the original contract, for a total cost of $4,000 was presented. RECOM MENDATION: Written recommendation was to approve the change. Oral recommendation of the City Clerk was to lay the matter over until the next meeting. ACTION: Moved by Cooper, seconded by Waters, it be held over to next week. Carried by unanimous vote. Councilman Dalla requested that the Consultant be present at that time. CITY MANAGER — No report. CITY ATTORNEY — Requested a brief closed session on completion of the agenda. OTHER STAFF — No report. MAYOR CITY FACILITY (CIVIC CENTER) Mayor Morgan inquired as to the status of the new roof for the Civic Center. City Engineer Stafford reported it had gone to bid but no bids were received; he was now negotiating with some contractors; he should have information next week. CITY COUNCIL ZONING/GENERAL PLAN AMENDMENT Moved by VanDeventer, seconded by Dalla, the land between the service station at the corner of Harbison and Plaza, Olive Avenue, Eighth and Plaza be brought back at the next General Plan Amendment Hearing for rezoning to residential. Carried by unanimous vote. BUDGET Vice Mayor VanDeventer reminded Council of the 9:00 a.m. budget meeting tomorrow. Councilman Waters reported he had a speaking engagement at noon. The Vice Mayor said the lunch break would be from noon to 2:00 p.m. Book 67/Page 85 6 /24 /86 CLAIMS/LITIGATION — EXECUTIVE SESSION Moved by Cooper, seconded by VanDeventer, Council adjourn to executive session under Sec. 54956.9a of the Gov. Code, to discuss pending litigation. Carried by unanimous vote. Council left Chambers at 11:09 p.m. Council reconvened at 11:17 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by VanDeventer, seconded by Dalla, the meeting be adjourned to the Budget Committee Meeting at 9:00 a.m., Wednesday, June 25, 1986. Carried by unanimous vote. C� CITY , LERK The foregoing minutes were approved at the regular meeting of July 8, 1986. Corrections No corrJ tions MA •R CITY OF NATIONAL CITY, CALIFORNIA