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HomeMy WebLinkAbout1984 12-11 CC MINBook 65/Page 85 12/11/84 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 11, 1984 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 members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, McCabe, Post, Stafford, Interim City Attorney Tobin. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Pastor Nichols, Southport Christian Center. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Waters, the minutes of the adjourned meeting of November 27, 1984 held December 4, 1984 the regular meeting of December 4, 1984 and the special meeting of December 7, 1984 be approved. Carried by unanimous vote. PROCLAMATION The Mayor's Proclamation of "RED AND GREY VICTORY DAY" — December 22, 1984 was held over to December 18, 1984. PUBLIC ORAL COMMUNICATIONS Vice Mayor Waters introduced Mr. Johnson of American Legion Post 255, saying the American Legion is doing an outstanding job for the community; this past year, they have donated over $6,000 to the community and to the youth programs. Vice Mayor Waters presented checks for $200 and $400 to Captain Milke, NCPD and Fire Chief Kimble respectively, on behalf of American Legion Post 255, to be used for the Spirit of Christmas Program. Vice Mayor Waters continued, he also has a check in the amount of $100 for the senior citizens, to be presented to them at their Christmas Party. Vice Mayor Waters spoke of the Olympic Torch, and read into the record a letter he received from a 14—year old student: "...Really my most unforgettable moment was a time of joy and a time of pride being impressed through our people. People were paying hundreds of dollars to carry the Olympic Torch. That shows how important it was to them..." Director, Park & Recreation Ruiz reported he had spoken with the Football Coach at Sweetwater High School and was told gifts from the City are acceptable as long as they do not exceed $100 and are engraved "CIF". Discussion. Moved by VanDeventer, seconded by Dalla, we purchase Bulova watches at $27.50 each (wholesale) and have them engraved. Discussion. Carried by unanimous vote. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of PLANNING COMMISSION APPROVAL of CONDITIONAL USE PERMIT to ALLOW an ALCOHOLIC RECOVERY MEETING AND SOCIAL HALL at 1007 National City Blvd., Applicant: Armida C. Valenzuela, CUP-1984-25 (The Latino Alano Club, Inc. is a Hispanic community effort involving an alcoholic recovery m eeting and social hall for the Hispanic com munity; the premises will be used for meetings and socializing only; the club bylaws preclude anyone from living on club premises; this club has five alcoholic recovery meetings per week [every day except Wed. & Sun.j and one non—alcoholic family member meeting each Wed. between the hours of 8:15 p.m. and 9:30 p.m.; they also have a monthly business meeting; applicant has advised that their meetings range in size from two to twenty recovering alcoholics; they presently have seating for twenty— seven; the Latino Alano Club has obtained written permission from Weisser Sporting Goods, 1018 National City Blvd., to use their parking facility for club member parking after 6:00 p.m., Monday through Thursday, and on Saturday, and after 9:00 p.m. on Fridays; there are about thirty parking spaces in this facility; Condition Book 65/Page 86 12/11/84 No. 15 of Planning Com mission Resolution No. 53-84 provides that "there shall be no meetings on Friday unless other arrangements are made for parking and approved by the Planning Director;" Condition No. 17 of said Resolution requires recordation of a parking agreement; Combined Zoning and General Plan designation of this property is Commercial Medium; staff concurs with the Planning Commission's approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post said the Planning Commission recommends approval. DONALD CHASE, 1223 E. 7th St., was present and said the location is not right for this facility. JOHN SEEVE R, 704 'M' Ave. was present and said he does not want to see National City Blvd. go back the way it used to be. No one else was present to speak in this regard. Moved by Waters, seconded by VanDeventer, the Public Hearing be closed and the CUP be denied. Councilman Cooper said these are people who are recovering from being alcoholics; where are we going to put this facility; it's not as if we're opening up another beer joint. Mayor Morgan said we have had problems on National City Blvd.; the people of National City want to clean it up; we need something in keeping with tourists. Councilman Van Deventer said he has nothing against the facility, but is against the location; it should be located somewhere off the main street with ample parking. Discussion. Motion carried by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: Cooper. DONALD MC LEAN was present and requested Johnny Rogers be allowed to speak at this time (in favor) on Hearings Nos. 6, 7 & 8; he is the Master of Ceremonies at a benefit for crippled children tonight and has to leave soon. JOHNNY ROGERS, 3315 Valley Rd., was present and said his home is one of the one —acre plots neighboring the subject property and he hopes Council will act in the interests of many rather than the few; this project will bring a new quality to National City; the people in Bonita are opposing this project out of fear. The PUBLIC HEARING on CERTIFICATION of FINAL ENVIRONMENTAL IMPACT REPORT and GENERAL PLAN AMENDMENT and CHANGE OF ZONE from OS (Open Space) to IP—PD (Private Institutional —Planned Development Overlay) on property located NE of Division St. and Palm Ave., GP-5-84 & ZC-5-84 (An Environmental Impact Report was required by the Environmental Impact Committee based on an initial study prepared on June 16, 1984; the Draft EIR addressed noise impacts on project residents, traffic circulation, changes in land use characteristics associated with the proposed reclassification, aesthetic and visual impacts and air quality impacts on the residents of the proposed facility; the Draft EIR was distributed for a 30—day public review period which expired on November 5, 1984; no comments were received during the review period except one letter from the City of San Diego asking for notification and review of the subsequent Planned Development Permit; on November 19, 1984, the Planning Commission adopted Resolution No. 55-84 recommending that Council certify as adequate and complete a Final Environmental Impact Report for this project; the California Environmental Quality Act requires that Council certify the Final EIR prior to approving the proposed General Plan amendment/rezoning request; see Document No. 71449; staff recommends the Final EIR be certified as complete in compliance with the California Environmental Quality Act and Guidelines and concurs with the Planning Com mission's recom mendation to approve the General Plan Amendment/Zone Change from OS to IP—PD) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. No one was present to speak in this regard. Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed and the General Plan Amendment and Zone Change be approved subject to staff's recommendations. Discussion. Motion carried by unanimous vote. The PUBLIC HEARING on GENERAL PLAN AMENDMENT/CHANGE OF ZONE from CG—PD (General Commercial —Planned Development Overlay) to RS-2—PUD (Residential, Single —Family Small Lot, Planned Unit Development Overlay) on property located on the north side of Sweetwater Rd., approximately 175' east of Calmoor St. to the easterly City boundary, GP-6-84 and ZC-7-84 (Applicant is requesting a General Plan Amendment and Zone Change from CG—P D to RS-2—PUD on the subject property; the property consists of approximately 9.67 acres located on the north side of Sweetwater Rd., approximately 175' east of Calmoor St. to the easterly City boundary; it contains a large single—family house that is proposed to be converted into a recreational building for the Planned Unit Development project that is planned for this site; see Document No. 71450; staff concurs with the Planning Com mission's approval) was held at this time. The City Clerk reported Book 65/Page 87 12/11/84 the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post said staff and the Planning Commission have taken a very good look at this request and they feel it would be appropriate. ALAN DEWBER (architect representing the owner), 8265 Com mercial St., La Mesa, was present and said this is a major gateway to the City in lovely surroundings, and outlined the proposed project; access will be off of a Reo Drive extension; they are proposing 7.3 units per acre in a 6-10 units per acre zone; it would not be economically feasible to develop this as commercial at this time; the project will not have any large parking lots. Mr. Dewber displayed a rendering of the project and said the condos will be detached single units. Discussion. Councilman Dalla inquired if Council would be approving something that when we have the 50-100 year flood, would be impacted. Mr. Dewber replied the Engineer has looked at fixing a culvert that would be brought up to the new standard so there would be no flooding. Further discussion re the Reo Dr. extension. Planning Director Post said this project is a sound concept. Further discussion. ROBERT HENSCHEL, 3525 Lomacitas Lane, was present and said it gets pretty wet in that area; it would be a better transition if it were not quite so dense; he would rather this area be developed as residential than com mercial. Further discussion. BOB HUDSON, 3555 Lomacitas Lane, was present and said if the elevation is raised for this project, he has some neighbors who would be flooded. No one else was present to speak in this regard. Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed and the General Plan Amendment and Zone Change be approved subject to staff's conditions. Discussion. Councilman Dalla said Council is not approving or denying this project, but approving the request for Zone Change; the project will come back to Council later for consideration. ROBERT HENSCHEL, 3525 Lomacitas Lane, returned to the podium and inquired if it was possible to put a drain underneath the whole thing. Vice Mayor Waters said he is glad to see we are finally putting a halt to com mercial development; he is glad to see more residential areas going in. City Engineer Stafford said the drainage problem would be worked out before a 1 building permit could be issued. Mayor Morgan said that problem needs a lot of study. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The PUBLIC HEARING on PROPOSED GENERAL PLAN AMENDMENT and ZONE CHANGE on .54 acres of property located at the NE corner of Sweetwater Rd. and Euclid Ave. from OS (Open Space) to CG—PD (General Com mercial—Planned Development Overlay); Applicant: David Malcolm, GP-8-84 & ZC-9-84 (Applicant is requesting a General Plan Amendment and Zone Change from OS to CG on two parcels consisting of 23,500 sq. ft. located at the NE corner of Sweetwater Rd. and Euclid Ave., directly west of 1-805; staff recommended and received approval from the Planning Com mission at the "request to initiate a General Plan Amendment" stage to add the Planned Development Overlay Zone to the requested General Commercial classification; the PD Combining Zone requires a Planned Development Permit application and public hearing before the Planning Commission at which time the Commission may impose additional design considerations for development approval; see Document No. 71451; staff concurs with the Planning Com mission's approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post said the Planning Commission and staff recommend approval. No one was present to speak in this regard. Moved by Waters, seconded by VanDeventer, the Public Hearing be closed and the General Plan Amendment and Zone Change be approved subject to all conditions of staff. Carried by unanimous vote. The PUBLIC HEARING on GENERAL PLAN AMENDMENT and ZONE CHANGE from CL (Limited Commercial) to RT—PD (Residential, Two Family —Planned Development Overlay) on property located at the NW corner of Harbison Ave. and Division St., GP-9-84 & ZC-8-84 (Subject property is being requested by the applicant for General Plan Amendment/change of zone from CL to RT; at the "request to initiate a general plan amendment" stage, the Planning Commission added the Planned Development Overlay designation to this request; the PD overlay requires the Planned Development Permit Review at a public hearing; the Com mission may impose additional conditions to ensure that the design of the project is compatible with the surrounding neighborhood and that the project is in compliance with the General Plan; see Document No. 71452; staff concurs with the Planning Commission's denial) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post said a petition has been filed with 42 signatures, opposing this; the Planning Commission and staff recommend denial. DAN SANDERS (representing the prospective buyer), 7781 Golf Crest Dr., San Diego, was present and said the Book 65/Page 88 12/11/84 prospective buyer of this property initiated the zone change; the present owner does not really want the zone change because if the property is not sold at this time, the zone change would devalue the property; he looked at the signatures on the petition and compared them to properties and some of them signed twice, husband and wife; he checked the tax assessor's rolls, and eight of the people who signed had no homeowners' exemption indicating they were renters; in total, there were only twenty—one valid protests; he came up with thirty people who were in favor of down —zoning; only two of them were renters; the proposed plan indicates large duplexes, approximately 1,400 sq. ft.; it is not feasible to build single—family residences in there because the cost would be prohibitive. Discussion. Vice Mayor Waters said with the exception of one or two parcels of commercial property, the area is residential. Planning Director Post said the com mercial property in that area is in San Diego. Further discussion. Moved by Dalla, seconded by VanDeventer, the Public Hearing be closed and the Planning Com mission's denial be affirmed. Discussion. Carried by unanimous vote. The PUBLIC HEARING (Item 6) on AMENDMENT to the City of National City's GENERAL PLAN TEXT to ADD TWO NEW RESIDENTIAL LAND USE CATEGORIES: RS—E (Residential, Single —Family Estate, 1 acre minimum lot size) and RM-4 (Residential, Multi —Family Maximum Dwelling Units/Acre), GP-10-84 (On October 16, 1984, the City initiated General Plan Amendment and rezoning proceedings with regard ,to a request by the Valley Land Co.; this request proposes a condominium project with a density of twenty—four dwelling units per acre, as well as tract of one acre lots; presently, neither the City's General Plan nor Land Use Code has categories which would accommodate these proposals; the purpose of the public hearing is to determine if the appropriate residential density classifications should be created; see Document No. 71453; the Planning Commission recommended approval of one new residential classification to the City's General Plan, as follows: RS—E; they recommended denial of establishing the RM-4 classification in the General Plan; staff concurs with the Planning Com mission's recommendation; The PUBLIC HEARING (Item 7) on AMENDMENT TO TITLE 18 (ZONING) of the National City Municipal Code to ESTABLISH TWO NEW CATEGORIES OF RESIDENTIAL ZONING CLASSIFICATIONS, RS—E (Residential, Single Family Estate, 1 acre minimum lot size) and RM-4 (Residential, Multi —Family Maximum, 24 dwelling units per acre), A-2-84 (Under the previous agenda item, Council is considering an amendment to the General Plan to add two new residential land use categories — RS—E and RM-4; these categories are described in the previous staff report; since the City has a Combined General Plan/Zoning Map, it is also necessary to create matching residential zoning classifications to implement the new General Plan categories as approved by Council; therefore, action on this item is dependent upon the action taken on the prior agenda item; the amendments to Title 18 that will be necessary to implement the new General Plan categories will be put into the appropriate ordinance format and brought back to Council for introduction of first reading at a subsequent meeting; these necessary amendments include the establishment of the new zones, their purpose and intent sections, allowable land use groups, maximum number of dwelling units and minimum required lot areas, required yards and setbacks, building floor area ratios, required building floor areas, and parking requirements; the Planning Commission considered the establishment of the two new zones on November 19, and recom mended that 1 Council establish the RS—E zone for one —acre minimum lot sizes and they recommended against the establishment of the RM-4 to permit twenty—four dwellings per acre; staff concurs with the Planning Commission's recommendation); The PUBLIC HEARING (Item 8) on AMENDMENT to the COMBINED GENERAL PLAN/ZONING MAP to ESTABLISH A GENERAL PLAN/PREZONE CATEGORY of RS—E on approximately 19 acres located south of Valley Rd., north of Lomacitas 1 Lane and RM-4—PUD or other GP—PZ category that Council may consider appropriate on approximately eleven acres located south of State Hwy. 54, north of Valley Rd.; Applicant: Valley Land Co., Case file Nos. GP-11-84 & ZC-10-84 (Applicant, Valley Land Co., is requesting an amendment to the Combined General Plan/Zoning Map to establish General Plan/Prezone categories of RS—E on approximately nineteen acres located on the south side of Valley Rd., north of Lomacitas Lane, and R M-4—P U D on approximately eleven acres located on the south side of State Hwy. 54, north of Valley Rd. and Avenida San Miguel; the Planning Commission recommended approval of GP—PZ classifications of RS—E on 19 acres south of Valley Rd., north of Lomacitas Lane, and RM-1—PUD on 11 acres located south of Hwy. 54, north of Valley Rd.; staff concurs with the Planning Commission's recommendation) were held at this time. The City Clerk reported the Certificate of Publication was on file for Items 6, 7 and 8 and the Affidavit of Book 65/Page 89 12/11 /84 Mailing was on file for Item 8. Planning Director Post said on Agenda Item 6 the Planning Com mission recommends approval of RS—E and recommends denial of RM- 4; on Agenda Item 7, the Planning Commission recommends approval of RS—E and denial of R M-4; on Agenda Item 8, the Planning Com mission recom mends approval of the RS—E as applied to the 19 acres; they also recommended the RM-1 PUD category (Residential Multi —Family Extendable) be applied to the 11 acres; this is roughly a density of 13.5 units per acre; the condo projects in the Bonita area are generally of lower density, averaging about 9 units per acre; this property is two miles from a sewer connection; there is a proposed freeway interchange which is intended to encroach on part of this property; there are substantial grading and drainage problems that need to be dealt with; the applicant has agreed that at some point there will be an Environmental Impact Report prepared; this would be at the Planned Unit Development stage; LAFCO feels an Environmental Impact Report should be required for this project now; staff's study indicates that a negative declaration is appropriate at this time with an EIR required at the Planned Unit Development stage. Mayor Morgan reported that Don McLean withdrew his offer for any consideration for counsel for redevelopment. DON MC LEAN (representing Valley Land Co.) was present and introduced Jim Hutchison (Civil Engineer), Richard Kidwell (Chief Architect) and Keith Simon of the Valley Land Co., saying the property is located at Valley Rd. and Reo Dr., on either side of Valley Rd.; these properties are two different zones; the part that lays along the freeway has no serious value as R1 property; if there were no other considerations, the most logical way to develop that part of the property would be some sort of strip com mercial; the next best thing is a residential planned unit development with enough density to support the cost of the off —site improvements and the amenities that will need to go on the site to attract residents; the property across Valley Rd. should be developed in single—family detached homes compatible with the neighborhood; they will need to fix Valley Rd. which is now substandard; they will also need to handle the present surface drainage which comes underneath the freeway from San Diego; they plan to create a channel along Valley Rd. and slow the water down by elevation; by landscaping the channel, they will create a buffer between the traffic on Valley Rd. and the single family lots on the other side; they intend to use a gravity system to solve the sewer problem; their neighbors will be able to hook up to this system. DICK KIDWELL, 2411 2nd, San Diego, was present and said the issue is not density, but how to approach each step of the design. Mr. Kidwell gave a slide presentation showing similar condo projects. KEITH SIMON (representing a landscape architectural firm), 516 5th Ave., San Diego, was present and showed slides of some his past projects, and answered Council's questions. Mr. Simon said they feel they can successfully work out a project to an image the people in National City are looking for. Discussion. Mr. McLean said there is about a 40% lot coverage with buildings; the project has not been designed yet; if Council approves the zoning they are requesting, it will allow the project to proceed; they will then allow the designers to go forward and present the quality of design that has been presented tonight. Vice Mayor Waters said they would be building in an area sourrounded by R1 residences; on the other side of the freeway are condo projects; would the area where they plan to build condos affect any R1 homes? Mr. McLean replied it would not. Further discussion. ROBERT HENSCHEL returned to the podium and inquired if this property is in National City now. Planning Director Post replied this property is currently in the County; it is being considered for General Plan Amendment and Prezoning. JOHNNY WELLS, 3747 Avenida San Miguel, Bonita, was present and said he owns 3 1 /2 acres adjoining the property in question, and inquired when the zoning would be changed; you cannot build 24 units per acre and also have the amenities Valley Land Co. has described. CAROL FRENO, 3703 Alta Lorna Dr., Bonita, was present and said Valley Land Co. has not contacted any individuals in the area with their proposal; she questions the timing of this rezoning and annexation; the residents should have something to say about it; 24 units per acre is not compatible with the surrounding area. Ms. Freno submitted petitions with 504 signatures protesting this rezoning. Further discussion. Ms. Freno continued, they are not opposing the condos, but the density and the rapidity with which this project has been pushed through. ED CAMPBELL, 3440 Valley Rd., was present and said he attended the Planning Commission hearing and submitted a petition with 80 signatures; the people in that area have worked to try and maintain a rural setting; they are shocked at the notion of 24 units per acre across the street; perhaps condos would be the best thing for that area, but if they put in 250 units, that will add another 500 cars; there is a traffic problem in the area, and he doesn't think the developer has addressed it. Book 65/Page 90 12/11/84 Mayor Morgan called a recess at 8:50 p.m. Council reconvened at 8:56 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. PUBLIC HEARINGS 6, 7 and 8 Cont'd. JOHN REISS, 3979 Lomacitas Lane, was present and said this project should be sent back for review; an El is required and should be done where there is community controversy; there are traffic impacts that have not been explained; the Planning Com mission's concern regarding traffic was not addressed because no one knows the traffic impact of what's proposed for the project; the Negative Declaration was not certified; a categorical exemption or Negative Declaration cannot be granted if there is reasonable controversy as to the adverse impacts; there is going to be a problem with the freeway; there is a bit of a rush to get this project through prior to changes in legislation; he asked CalTrans for the design specs for the off —ramp for proposed Rte. 54; when the on —ramps are constructed, there will be a considerable change to that parcel of land; someone will buy it with our tax dollars; this parcel of land will not be contiguous with National City; there will be about 250' between this parcel and the nearest portion of National City; it is not appropriate to pre —zone the property and proceed with the annexation. Further discussion. EDWARD VITALITCH (?), 3563 Lomacitas Lane, was present and said he cannot believe anyone in their right mind would buy a one —acre estate type home in an area across the street from a development with 24 units per acre. BOB HUDSON, 3525 Lomacitas Lane, was present and said he is opposed to 24 units per acre; 7 units per acre would be much better; Valley Land Co. is trying to run roughshod over everyone. JANE CAMPBELL, 3440 Valley Rd., was present and said they get washed by the creek quite a bit; the water coming down into the valley has increased a tremendous amount. BOB HUDSON returned to the podium and said he has carried petitions around to San Miguel and in other areas and he didn't get one refusal; the people were quite adamant; they feel the traffic will get worse if this development goes in. LOTTIE BIGG, 3661 Lomacitas Lane, was present and said she is concerned about the traffic; 24 units per acre is too much. Mr. McLean and said everyone agrees this is a difficult site and it is a problem property; so far no one has been able to put the property to productive use; to make the property usable will require spending a considerable amount of money; the property along the freeway is going to have to be developed into some dense, multi —family use; the property should be designed and developed with a sensitivity to the neighborhood and within the bounds of economic reason; the one person who is against this property is a municipal lawyer who suggests that Valley Land Co. donate this property to the State for a road that will probably never go through; the property owner is entitled to use the property; if the State, the County, the City of National City or Bonita want the property, they can buy it; this is about the tenth time he has been present at a public hearing where the people in Bonita have tried to tell him what National City can do. Mr. McLean presented a petition signed by neighbors in National City in favor of the project; their opinions should be considered; they are not asking Council to approve any specific design; if Council will give them enough latitude, they will build a beautiful project; people start businesses in National City and when their businesses are doing well, they live somewhere else because they can't find a decent place in National City for their families to live; there is a "brain drain" in this town; National City needs this project; they started out asking for 24 units per acre; if Council will approve density of 20 units per acre they can build attached townhouses. Further discussion. Mr. McLean continued, Reo Dr. is something National City is obligated to build under it's contract with the May Co. (Plaza Bonita); he understands it has not yet been designed. Councilman Dalla expressed concern about the impact of another 260 units entering the freeway. Mr. McLean said that is part of the design of their project; that intersection won't exist in it's present state; he is hoping the City will be ready to move on Reo Dr. when they get ready to build. Councilman Cooper said other developers make a profit building developments with a much lower density; why does Valley Land Co. need 20-24 units per acre to make a profit? Mr. McLean replied he does not know what the other developers' costs are. Further discussion. GRETCHEN BURKEY, Bonita, was present and inquired if the Valley Land Co. is planning to go ahead and build this or will they try to sell the property; she is concerned about the traffic and Book 65/Page 91 12/11/84 the rapidity with which this is being pushed through. Mr. McLean said they have not signed a contract with anyone to build on the property; his understanding is that Valley Land Co. will build on the property; they have to design something on each side of the street that will sell or they will bankrupt; one has to compliment the other. Councilman Dalla said what if the condo project is completed and then they decide the 19 one —acre Tots are not financially feasible. Mr. McLean replied the City can do as much as they can through the permit process to protect the community; the City must make its own judgment; by the time they get to the actual physical development of the site, they will be so far down the road financially, the only thing preventing them from completing the project would be bankruptcy. Further discussion. Councilman Dalla inquired if it was likely, once the condo portion of the project is pursued, that they would come back and say they could not build one —acre lots. Mr. McLean replied anything is possible. Councilman VanDeventer inquired if there was a way we could tie both projects together; if one isn't done, the other one won't be done. Planning Director Post said it could be done through the specific plan process; it is generally used in larger projects where there is mixed uses of land development involved. Further discussion. Mr. McLean said they could be linked together when Valley Land Co. comes in for the PUD. Interim City Attorney Tobin said a Specific Plan is one way to tie the projects together; what we are talking about now is a prezoning issue and whether or not Council can tie projects which may be constructed on property which is yet to be annexed and zoned is doubtful. Further discussion. Planning Director Post said the term specific plan is a little bit nebulous and can refer to a number of things; there is a section of Planning and Zoning Law that talks about specific plans that allows cities to require them in special situations where there are areas of property that have special environm ental concerns that need to be addressed; he thinks it could be down now. Vice Mayor Waters said they are asking for a zone change to build a specific project, and inquired if the project is not complete, could the zoning revert back. Interim City Attorney Tobin said you can't have conditional zoning; if there is an idea Council has in mind for that property, they can give the signal by initiating an additional item which is a specific plan. Further discussion. Vice Mayor Waters inquired what the maximum zoning is in the City. Planning Director Post said the highest zone currently on the books is RT, 17.4 units per acre. CLAIRE ACUM ANDO (?), 3702 Valley Rd., Bonita, was present and said traffic from Vally Rd. into Sweetwater Rd. continued to build up in the morning so the residents are blocked in. No one else was present to speak in this regard. Moved by Dalla, seconded by Cooper, Public Hearing No. 6 be closed, the RS—E be approved and the R M-4 be denied. Carried by unanimous vote. Moved by Dalla, seconded by Waters, Public Hearing No. 7 be closed, the RS—E be approved and the RM-4 be denied. Discussion. Carried by unanimous vote. Moved by Morgan, seconded by VanDeventer, Public Hearing No. 8 be closed, RS—E be approved, and instead of RM-4, the density be 17.4 per acre. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. Planning Director Post said some question has been raised over the adequacy of the Negative Declaration issue; it would be proper at this time to certify the Negative Declaration if Council feels it is adequate and complete. Moved by Morgan, seconded by Cooper, staff's recom mendation be approved. Interim City Attorney Tobin inquired about the letter Mr. Post received from LAFCO, copies of which were distributed to Council, saying there were two concerns, one with regard to notice and one with respect to the fact that by the Environmental Impact Com mittee of National City finding that there is a basis for a Negative Declaration which esentially states that a substantial effect on the environment —to do so would be incongruous with other action that other agencies have taken; the request was made that this be at least addressed by the Council and he would ask whether or not this general subject matter was taken into account by the Environmental Impact Committee. Planning Director Post said the various points were all considered by the EIC in the initial study performed on this project; the conclusion that was reached was different from the conclusion reached by the County Planning staff; Environmental Review at best contains a certain amount of subjectivity; it is possible for different people to come up with different conclusions; the National City EIC took a look at the various concerns, identified some impacts that might occur at the development stage and made a determination that an EIR could take place at that stage; at the General Plan Amendment and Prezone stage a Negative Declaration would suffice. Motion carried by unanimous vote. Moved by Dalla, seconded by VanDeventer, we go on record that we will not consider these projects separately, that they must be pursued under a specific plan for both parcels together. Discussion. Motion carried by the following vote, to — wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Book 65/Page 92 12/11/84 Mayor Morgan called a recess at 10:00 p.m. Council reconvened at 10:03 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS Moved by VanDeventer, seconded by Waters, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,503, "RESOLUTION AUTHORIZING ACCEPTANCE OF PRELIMINARY FUNDING APPROVAL OF $3 MILLION FOR KIMBALL TOWERS." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,503 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,504, "RESOLUTION AUTHORIZING AND APPROVING A GRANT AGREEMENT FOR ECONOMIC DEVELOPMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,504 be adopted. Carried by unanimous vote. Resolution No. 14,505, "RESOLUTION APPROVING AN AMENDMENT TO THE NATIONAL CITY COMBINED GENERAL PLAN/ZONING MAP (Applicants: Posadas, Reiner and Malcolm)." Moved by Waters, seconded by Cooper, Resolution No. 14,505 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,506, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO DESIGN PERMANENT CROWN DITCH REPAIR (1100 Block Palm Avenue)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,506 be adopted. Carried by unanimous vote. Resolution No. 14,507, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AT 123 'L' AVENUE (Hipps)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,507 be adopted. Carried by unanimous vote. Resolution No. 14,508, "RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON NATIONAL CITY BOULEVARD FROM 32ND STREET TO 34TH STREET, DISTRICT 14—A." Moved by VanDeventer, seconded by Dalia, Resolution No. 14,508 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,509, "RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF NATIONAL CITY TO AMEND THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA FOR FIRE DISPATCHING SERVICES." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,509 be adopted. Carried by unanimous vote. Resolution No. 14,510, "RESOLUTION ESTABLISHING A FIRE APPARATUS REPLACEMENT FUND." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,510 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,511, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE LOWER SWEETWATER FIRE PROTECTION DISTRICT TO PROVIDE FIRE PROTECTION." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,511 be adopted. Carried by unanimous vote. Resolution No. 14,512, "RESOLUTION SUPPORTING THE CITY OF SAN DIEGO'S SPONSORSHIP OF LEGISLATION IN 1985 (AB 189 FUND)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,512 be adopted. Carried by unanimous vote. Resolution No. 14,513, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO FOR EXCHANGE OF PROPERTY TAX REVENUES." Moved by Book 65/Page 93 12/11/84 Cooper, seconded by VanDeventer, Resolution No. 14,513 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,514, "RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR A LONG—TERM DISABILITY INSURANCE PROGRAM FOR EXECUTIVE AND MID —MANAGEMENT EMPLOYEES BETWEEN THE MUTUAL BENEFIT LIFE INSURANCE COMPANY AND THE CITY OF NATIONAL CITY." Vice Mayor Waters said he disagrees with this because of the way it was handled; little homework was done regarding how the department heads feel; only a select few wanted this; when people want to sign a petition but are afraid for their jobs, he is interested; at one time, a number of employees left the City to take higher paying jobs elsewhere; the City was losing valuable trained employees so they provided longevity pay; in 1974 longevity pay was eliminated and $300/year was substituted; no direction was given for its use; it has only been the past couple years that mention was made that it should have been used to buy insurance; Ordinance No. 916 has never been amended to delete City officers from longevity. Vice Mayor Waters asked Interim City Attorney Tobin if these people have the right to request longevity pay; he would like to have the answer next week. Mayor Morgan said he doesn't think Mr. Schulman thinks along that line; he comes up with these big ideas, and he probably has another one; if he does, he (Mayor) would like him to tell us what it is. Councilman Cooper said he agrees with Mr. Waters; if these people disagree, why wasn't the City Manager notified? Discussion. Councilman Dalla said staff did not initiate this; Council did; the City Manager is being put in the middle; there are people who will benefit from this. Moved by Dalla, seconded by Waters, we approve this program for anybody who wants to participate; the others have a one—time option; new employees will not have an option. Discussion. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Councilman Dalla said to receive the $200 or $300, employees must present proof of having hospitalization, medical, life or disability insurance. Vice Mayor Waters offered to notify Executives and mid — managers of the change and to ascertain who wanted the insurance and who wanted to continue under the old policy. ORDINANCES FOR INTRODUCTION (FIRST READING) Moved by VanDeventer, seconded by Cooper, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 12/11/84-1, "Ordinance prezoning property located South of State Hwy. 54 North of Valley Road and South of Valley Road, North of Lomacitas Lane (Valley Land Company — ZC-10-84)." Ordinance No. 12/4/84-1, "Ordinance amending City Ordinance No. 1832, 'Adoption of the 1982 Uniform Fire Code'." OTHER BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 23, dated December 4, 1984, in the amount of $87,606.09 (Warrants Nos. 85834 through 85909), and CERTIFICATION of PAYROLL for the period ending November 30, 1984, in the amount of $273,524.66 was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. OTHER BUSINESS The APPLICATION FOR LEAVE TO PRESENT LATE CLAIM and CLAIM FOR DAMAGES of MARIO BEJAR, arising from an incident on August 19, 1984 and filed with the City Clerk on November 30, 1984 was presented. Moved by Waters, seconded by Dalla, this be denied. Carried by unanimous vote. The application for ON —SALE BEER AND WINE LICENSE, TYPE 41, PERSON TRANSFER of Ralph G. and Rosa A. Hernandez, 543 Highland Ave. (Police, Planning and Building Departments state no objections) was presented. Moved by Dalla, seconded by Cooper, this be approved. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. PLANNING COMMISSION — NOTICES OF DECISION Planning Commission Resolution No. 58-84 APPROVING APPLICATION for CONDITIONAL USE PERMIT to ALLOW a 38—UNIT MOTEL (modification of CUP NO. 1984-13) at the NW corner of Cypress St. and Sweetwater Rd., Applicant: Book 65/Page 94 12/1 1 /84 Davis & Davis Architects, Case File No. CUP 1984-27 (On August 6, 1984, the Planning Commission approved application for CUP 1984-13 for the proposed development of a four—story, 41—unit motel on this site; this approval was not appealed and became effective on August 20, 1984; applicant is now seeking modification of CUP 1984-13 to allow a 38—unit, four—story motel utilizing the same architectural theme as before; the major change involves building location on —site; the motel building will now be located approximately 60' to the north of its previously approved location, and contains 38 units in lieu of 41 units, and will have off—street parking for 41 automobiles; the reason for this modification is that the applicant was not aware of a condition in the sales contract for the land that reserves the right of the seller to approve building setbacks in conjunction with development of this property; the seller did not approve the building setback from Sweetwater Rd. because the building at that location would obstruct the view of their 7-11 store from westbound traffic on Sweetwater Rd.; therefore, project re— design was mandatory; this is a companion case to application for Planned Development Permit No. PD-9-84 to allow development of a four—story, 38—unit motel at the NW corner of Cypress St. and Sweetwater Rd.; Combined Zoning and General Plan designation of this property is Com mercial General —Planned Development with Motel —Planned Development Overlay; staff concurs with the Planning Com mission's approval) was presented. Vice Mayor Waters spoke of motels that rent on a monthly basis, specifically the HaPenny, and inquired if we have an Ordinance against this. Planning Director Post said the Code allows motel room rental up to a maximum of 30 days; the Code Conformance Officer has been sent to the HaPenny Motel several times; he thought they were now in compliance; he will send Mr. Kearney out there again. Discussion. Vice Mayor Waters said the City should impose some sort of fine. Ordered filed by unanimous vote. Planning Commission Resolution No. 59-84 APPROVING APPLICATION for PLANNED DEVELOPMENT PERMIT for the PROPOSED DEVELOPMENT of a 38— UNIT MOTEL at the NW corner of Cypress St. and Sweetwater Rd. (Modification of PDP No. 6-84), Applicant: Davis and Davis Architects, PD-9-84 (On August 6, 1984, the Planning Com mission approved application for Planned Development Permit No. 6-84 to allow the development of a four—story, 41—unit motel on this site; this approval was not appealed and became effective on August 28, 1984; applicant is now seeking modification of Planned Development Permit No. 6-84 to allow development of a 38—unit, four—story motel utilizing the same exterior architectural theme as previously approved; the major changes involve number of units and building location on —site; the motel building will now be located approximately 60' to the north of its previously approved location, will contain 38— units in lieu of the previously approved 41 units and provide off—street parking for 41 automobiles; see Document No. 71454; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. The Fire Chief's report on PARKING of SPECIAL VEHICLES at FIRE STATIONS (Since early 1981, the Fire Chief has allowed certain local non—profit or government groups to park vehicles at the 16th St. and 'D' Ave. fire station; it was recently brought to the attention of the Fire Chief that the authority to grant such use of City —owned property must be approved by the City Council; see Document No. 71455; staff recommends the Fire Chief be authorized to advise all concerned parties that effective June 30, 1985, all non —City or City employee vehicles shall be removed from the Fire Station parking lot and that in the future, Fire Station parking lots shall not be used for such purposes) was presented. Discussion re liability. City Manager McCabe said we would need some kind of release that they won't hold the City liable for any damage to the vehicle. Moved by VanDeventer, seconded by Dalla, the four vehicles be allowed to remain, the Fire Chief has permission to refuse others, and the Fire Chief advise the owners the City is not liable (amended motion). Further discussion. Carried by unanimous vote. The Interim City Attorney's REPORT and RECOMMENDATIONS REGARDING the RETAINING of SPECIAL COUNSEL in CONDEMNATION CASES (On November 24, 1984, staff was directed to report on this subject matter; Mr. Tobin recom mends that letters be mailed to members of the Eminent Domain Law Section requesting resumes and an indication of interest; a series of interviews could be conducted to establish a pool of attorneys from which the City could select on a case —by —case basis; Mr. Tobin further suggested that the permanent City Attorney be directly involved in this process, inasmuch as the City Attorney for a municipality is in the nature of a general counsel; Mr. Tobin further recom mended that letters go out requesting resumes; that goup could be narrowed into a smaller select pool; interviews should then be conducted involving the permanent City Attorney; finally, Book 65/Page 95 12/11/84 one attorney could be retained as counsel on a case —by —case basis) was presented. Discussion. Moved by Dalla, seconded by VanDeventer, letters be sent to the condemnation attorneys on the list, resumes received, and based on the resumes, a select number will be interviewed by Community Development Director Peterson and the City Attorney. Discussion. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. CITY MANAGER City Manager McCabe requested an Executive Session on Personnel on completion of the agenda. CITY ATTORNEY — No report. OTHER STAFF Asst. to the City Manager/Personnel Schulman inquired about handling of the Long — Term Disability Insurance Program. He was advised Vice Mayor Waters would handle it. Mr. Schulman will advise Council of the cost of LTD with fewer participants. City Engineer Stafford recom mended rejecting bids received for National City Blvd. bridge. Moved by Dalla, seconded by VanDeventer, in favor of staff's recom mendation. Carried by unanimous vote. MAYOR Mayor Morgan read into the record his letter re Council not returning to Council Chambers for some time after Executive Session on December 7, 1984 and asked the City Attorney to give him a report on this. CITY COUNCIL Vice Mayor Waters reported he has received complaints that Ball Oldsmobile is allowing solutions to run down 'A' Ave. on Saturdays and Sundays. Councilman Cooper (Chair of Street Light Committee) reported the Committee recommends the City negotiate with SDG&E for the purchase of street lignts and join CAL—SLA; other cities are negotiating with SDG&E. Discussion. Moved by VanDeventer, seconded by Waters, we start negotiations with SDG&E, report to the Budget Com mittee in May and join CaI—SLA. Discussion. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Mayor Morgan called an Executive Session for Personnel at 11:18 p.m. Council reconvened at 11:38 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by Waters, seconded by Cooper, the meeting be adjourned to 4:00 p.m., December 18, 1984. Carried by unanimous vote. The meeting closed at 11:39 p.m. The foregoing minutes were approved at the regular meeting of December 18, 1884. Corrections No corrections CITY OF NATIONAL CITY, CALIFORNIA