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HomeMy WebLinkAbout1982 07-13 CC MIN122 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 13, 1982 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: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Grahl, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by Father Peter Borda, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the adjourned meetin of June 22 1982 and the re ular meetin of Jul 6 1982 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's recommended appointment of Leo Arnold to the Civil Service Commission was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Ma or's recommendation. Carried by unanimous vote. The Mayor's recommended re -appointment of Ruben Rodriguez and Lillian Johnson to the Library Board was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS JOSEPH BRADLEY, 5430 Aztec, La Mesa, was present and served a copy Petition for Writ of Mandate (to hear of each member of the Council. grievances of the firefighters) on PUBLIC HEARINGS The continued Public Hearing on APPEAL of Planning Commission DENIAL of PLANNED DEVELOPMENT PERMIT No. PD-1-82 in the 1300 block of Grove St., West Side (See Minutes of June 22, 1982.) was held at this time. Planning Director Gerschler said Council asked that drawings and exhibits be submitted, and this has been complied with; the City Engineer has submitted exhibits showing a possible street re -design. DAN BIGGS (Engineer for applicant), 121 E. 31st St., clients, and the property owners were presentsandesent would andswerdany, his questions Council might have. In response to a question regarding the size of the trees and landscaping, Mr. Biggs replied that his client would be willing to comply with any reasonable request as far as size and type of trees. Councilman Van Deventer inquired if the entrance off Grove from Plaza Blvd. would be acceptable. (The Public Hearing on APPEAL of Planning Commission DENIAL of PLANNED DEVELOPMENT PERMIT NO. 2-82 [Page 124] was held during the time Mr. Biggs and his clients reviewed the diagram. This hearing is set forth as a continuous, uninterrupted item in the minutes for reasons of clarity.) After reviewing the diagram with his clients, Mr. Biggs be. Discussion. SANDY VERHANE (Real Estate R presentati ehat forlt would McDonald's), was present and said if the "Noise Study" is correct, and McDonald's is not going to have an adverse effect on the neighborhood, they would be reluctant to limit the hours of operation; if the "Noise Study" is incorrect, they would like to keep the limitations to week days only; normal hours of operation are 6:00 a.m, to 11:00 p.on week days, and 6:00 a.m. to midnight or 1:00 a.m, on weekends.m�Further 7/13/82 123 discussion. GARY FARIS, 1417 Grove St,, was present and said the letter inviting the property owners to meet with the McDonald's people stated "Wednesday, May 20th."; May 20th was a Thursday, so many of the neighboring property owners missed the meeting; Mr. Ness (McDonald's) stated at the previous meeting that sales tax generated for the State would exceed $100,000 annually; if that is the case, the projected annual sales would be $2 million; a volume of this size would definitely impact the area; opening this area to a McDonald's would set a precedent in this area. DAN BIGGS returned to the podium and said if this is approved, it might be 11/2 years before the project is completed. M. A. CLOUGH, JR., 1431 Grove St., was present and said the neighbors did not object to the ZOni=gig at the time the General Plan was drawn up because they didn't thin.; anyone would go to the trouble of covering the flood channel and building on the lot; the lot faces on Grove and 14th, not Plaza; almost every place along Plaza where there is a commercial area, has a buffer zone of apartments, but no single family homes; there are more suitable lots along Plaza for a McDonald's; the money the property owners have invested in the lot is small compared to what he and his neighbors have invested in their homes; if McDonald's gets 80% of their business before 8:00 p.m., why do they insist on staying open later? JIM HAGAR, 1409 Grove St., was present and said if McDonald's builds on this property, the back of their building would be across the street from him; he has gone to other McDonald's restaurants and saw trash all around them. Mayor Morgan, in answer to the City Attorney's question, said he had not listened to the tapes of the hearing (June 22). City Attorney McLean advised since the Mayor wasn't at the first part of the hearing, unless he has had an opportunity to listen to the tapes, he's not eligible to vote. Mayor Morgan said he hadn't listened to the tapes, he has read about it; he won't vote on it; besides, he has a restaurant right down the street. BUCK BUCHANAN, 980 Albian St., was present and said he is one of the limited partners in the project, and requested Mayor Morgan listen to the tapes of the first part of the hearing, so that all Council members would have an opportunity to vote on this. Further discussion. The City Attorney said, "That gets us to the next question; assuming you've listened to the tapes and were factually prepared to vote, would you vote in view of the fact that you have commercial property at the next corner - a restaurant business - whether or not you feel that the decision you make on this property in any way could affect your financial interests in your own property. Councilman Van Deventer said the more he listened to the facts relating to the Mayor's question, he would have to strike himself out of voting on this same issue as he has a contract with Biggs Engineering right now. City Attorney McLean said, "You have to analyze for yourself what your relationship is; the law is, that you cannot, if you have a relationship that would inherently bias for or against either side, or if you have a relationship by which the outcome could affect you financially. Only you can answer that for yourself; whatever your contract with Biggs Engineering is, I don't know about it and you're the one that has to look inside yourself and decide if it will affect your vote." Mayor Morgan asked if there was any way that this would help him financially one way or the other. The City Attorney replied, "I can't answer that question for you; you have to answer it for yourself." Councilman Waters said, "If you would deny a restaurant on that side of the fence, you have one on this side, there's no question in my mind what you'd be labelled, without a doubt." City Attorney McLean said he would not speculate on what someone else would think. Moved by Waters, the Public Hearing be closed, the appeal be denied and all stipulations of staff be adhered to. Motion died for lack of second, Councilman Dalla inquired if the cul-de-sac would be included in the Planned Development Permit; would it be something the City would do, or would the developer do it? Planning Director Gerschler reg.lied if Council decided that extra traffic would be contributed by this operation, the City would probably be able to require street improvements, including work on the cul-de-sac; if Council decided to have the cul-de-sac, staff would suggest that the cost of building the cul-de-sac be borri4 by the developer; Council could incorporate such a requirement as one ofc the 7/13/82 124 conditions. Moved by Morgan, seconded by Camacho, this hearin be continued to Jul 27 1982. Discussion. Carried by unanimous vote. The Public Hearing on APPEAL of Planning Commission DENIAL of PLANNED DEVELOPMENT PERMIT NO. 2-82 on property located within the 1300 block East 20th Street, Southside (... proposed development of a two-story, frame and stucco, 8-unit apartment building on property having a net buildable area of 15,317 sq. ft.; each unit will have a ground level patio and contain 2 bedrooms and 12 baths, unit size varies from 910 to 1,000 sq. ft.; two areas of common open space are shown, one containing 875 sq. ft,, and the other 1,606 sq. ft.; off-street parking is at a ratio of 2 spaces per dwelling unit; project site is located on East 20th St. [ a 30-ft. wide public right-of-way] approximately 300 ft. West of 'N' Ave.; 20th St. presently dead ends at the westerly line of the project site; a cul-de-sac will be constructed adjacent to the project frontage in conjunction with project development; land use within the immediate area consists of single-family residential to the North, East and Southwest, multiple family residential to the South and Northwest; the Planning Commission denied this application for the reason that the site does not have sufficient access to streets; staff concurs with the Planning Commission's denial of this application) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. P1 fining Director Gerschler said this case was heard by Council at the June 22 meeting and was denied; it was later learned that the published notice of public hearing called for a hearing on July 13, making it necessary to reopen the hearing. GEORGE RONIS (Attorney for applicant), 492 3rd Ave., Chula Vista, was present and said Mr. O'Keefe was ready to present his case to the Planning Commission, when he was informed that the Commission was going to deny the request; all of the conditions previously laid out by the Planning Commission were acceptable to Mr. O'Keefe, but prior to the time he was able to inform the Commission, they indicated to him that there was going to be a change made to the General Plan, and therefore, they were not going to issue any new permits; Mr. O'Keefe was amenable and willing to comply with all reasonable requests from the Building, Fire, Police and Engineering Departments; in view of the fact that the moratorium was applied against Mr. O'Keefe prior to the time that it had been adopted by Council, and Mr. O'Keefe had indicated to the Planning Commission that he would be willing to comply with their original recommendations and suggestions, he is entitled to a building permit and should be allowed to proceed with the project. Planning Director Gerschler said the moratorium says specifically that no permit can be approved; it makes no reference to filing dates; this application was filed a year or so ago and denied en the grounds of insufficient access; this is a refiling of essentially the same case. Discussion. Mr. Ronis stated his client was advised that the denial had nothing to do with the access problem; it was implicated by various departments associated with the approval process that if certain things were done, a permit would be issued; on May 24, 1982, Mr. O'Keefe was told that the reason for the denial was due to the moratorium which was about to be adopted; no mention was made of denial based on the access problems. Further discussion. Planning Director Gerschler quoted from Planning Commission Resolution No. 2-82, adopted by unanimous vote of the Planning Commission on June 14, "... Whereas testimony and evidencd presented to this Commission at a properly noticed Public Hearing failed to support the finding: 1. that the site has sufficient access it) streets.,." City Attorney McLean said the only legal proceeding before the City Council is the Resolution of the Planning Commission denying the application because the site does not have adequate access, not because of the moratorium. Further discussions this evening assuming that the thrust of the issuerdealtlwith said thee came moratorium, not the access, and requested a continuance. Moved by Waters, the Public Hearing be continued to July 27. Died for lack of second. BILL O'KEEFE (Applicant), Cathedral City, CA, was present and said in February, he presented his design for 8 units, which was 7/13/82 125 approved by the Fire Dept,; in March, he was told by Assistant Planner Brile that everything looked okay, but to check with the Engineering Dept.; he talked to John Laurence, who talked to City Engineer Grahl, and they came up with the following: it is not a 20 ft. street, but a 30 ft. dedicated street; the previous owner had dedicated the street for a cul-de-sac with a 35 ft. radius; in order to proceed with the project, Mr. O'Keefe would be required to put in the cul-de-sac, which he feels will enhance the property; the Engineering Dept. recommended Mr. O'Keefe sign a Covenant Running With the Land, for paving improvements to 20th St., to consist of 1 " AC overla and potholes were repaired, which Mr. O'Keefe agreed to do;er thisacks would result in a 30 ft. street, handling 15 apartments; he took traffic counts and there were approximately 50 cars per hour travelling on 'N' Ave.; he would be putting in a new fire hydrant and water lines that would service the entire area, Discussion. E. 20th St. was present and said she is opposed toEthisLE apartment1341 complex; the street is only i block long with 4 houses on one side and 5 houses on the other side; 8 more units would mean 8 more families, leading to more traffic congestion; possibly a single-family residence or a duplex could be built on this property. THERESA GASTON, 2011 'N' Ave., was present and said parking is a problem on this street; it is not big enough for 8 more apartments. Further discussion. MRS. KELLER, 1345 E. 20th St., was present and said when there are cars parked on both sides of the street, there is very little room for cars to drive down the street; more apartments would create more traffic problems. BILL O'NEILL, Hidden Mesa, San Diego, was present and said he is one of the owners of the property; all of the changes that have occurred in this project have created a hardship for him and the other property owners; they would like to develop the property. Councilman Dalla stated that the denial is not based in any way on the moratorium; when people come to the City with a project, the staff attempts to work with them and make suggestions, but once those suggestions are made, the total package goes to the Planning Commission for approval or the ultimate decisions are made by the Planning Commission anddthe City Council; it is unfair to assume that the staff is misleading people. EMILY RITTER, 2034 'N' Ave., was present and said she has apartments behind her and she is opposed to more apartments next door to her. MARIE LUQUE, 2042 'N' Ave., was present and said the area is getting congested with people and cars, and apartments on this street will add to the problem. No one else was present to speak in this regard. Moved by Camacho, seconded by Dalla, the Public Hearin be closed and the appeal be denied. Carried by unanimous vote. The Public Hearing on the proposed DEVELOPMENT of a 149 LOW -RENT HOU project for SENIORS and HANDICAPPED persons (On Februaryg SING City Council and the Housing Authority 9 ed8a, the Cooperation Agreement for 149 units of low -rent housing;and in a the application of the Housing Authority,pointed out the e viewing requirement for a public hearing on such Agreement) was held at this time. ARNOLD PETERSON, Director, Community Development Commission, was present and said this is a hearing to determine whether Council wishes to cooperate with the Housing Authority in an application to HUD for 149 units, seniors and handicapped housing, built just North of Morgan Towers. No one was present speakad in regard. Moved by Camacho, seconded byVan this be closed and the Deventer, the Public Hearin ro osed develo ment be a roved. Carried by unanimous vote, The Public Hearing on ASSESSMENT ROLL DISTRICT NO. 208, 1911 ACT IMPROVEMENT of ALLEYS 31, 50 and 105 (funds are available in the applicable accounts as follows: 01-1529-914; staff recommends the hearing be held, all protests be denied or overruled, and proceed to confirmation of the proceedings and the assessment) was held at this time. The City Clerk reported the Certificate of Publication and Affidavits of Posting and Publication were on file, and no written protests were received. ROBERT ONLEY, Engineering Staff Assistant, was 7/13/82 126 present and displayed maps of the district in its several parts, showing the assessment numbers on each parcel and the areas of improvement; the estimated construction costs were $44,258.68, incidental expenses were $5,363.00, for a total cost of $49,621.68, City contribution was $12,465.68, total assessed was $37,156.00; this was assessed upon the several lots, portions of lots and parcels of land in the assessment district benefitted thereby upon each respectively in proportion to the estimated benefits to be received by each of the said lots, portions of lots and parcels of land. Discussion. No one was present to speak in his regard. Moved by Van Deventer, seconded by Camacho, the Public He wring be closed and Assessment Roll District No. 208 be approved. (174)tried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,849, "RESOLUTION RESCINDING RESOLUTION NO. 13,745 ADOPTED FEBRUARY 9, 1982, AND RESCINDING THE RELATED COOPERATION AGREEMENT." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,849 be adopted. Carried by unanimous vote. Resolution No. 13,850, "RESOLUTION APPROVING THE DEVELOPMENT, CONSTRUCTION, AND OWNERSHIP OF A LOW -RENT HOUSING PROJECT AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY TO EFFECT SUCH HOUSING." Moved by Van Deventer, seconded by Dalla, Resolution No. 13 850 be ado ted. Discussion. Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1778 (7/e/82-1), "ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY (Rezone from RS-1 and RS-2 PUD to RS-2 Density 7.5 on properties within the 3100-3300 block of Sweetwater Rd.), ZC-2-82." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1778 (7/6/B2-1) be adopted. Discussion. Carried by unanimous vote. Ordinance No. 1779 (7/e/82-2), "ORDINANCE AMENDING SECTION 17.24.010B OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO SUBDIVISION FILING FEES." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1779 (q/6/82-2) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters, Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 1, dated July 13, 1982, in the amount of $31,388.75 (Warrants Nos. 076777 through 076801), PAYROLL for the period ending June 30, 1982, inthe amountIofCATION of $231,358.52, was presented. Moved by Waters, seconded by Camacho, the bilis be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan, Nays: None. WRITTEN COMMUNICATIONS A letter from Richard J. Huff of SANDAG regarding Joint Powers Agreement Amendment was presented. Moved by Van Deventer, seconded by Dalla, in favor of this amendment. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. 7/13/82 CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report, MAYOR 127 Mayor Morgan asked that something be done about cleaning up the weeds along I-805 abutting residential areas. City Manager McCabe reported he had taken care of it. CITY COUNCIL Councilman Van Deventer requested that the City Manager include the number of Police man-hours and costs within Port District property along with his report on the Tidelands Ave, Fire Station, Councilman Waters reported the population of the City is now 53,905 and asked how that might affect us. City Manager McCabe replied that State subventions are based on population, Vice Mayor Camacho announced that July 16 is National City Day at the Tecate Fair and invited all to attend. ADJOURNMENT Moved by Camacho, seconded by Van Deventer, the meeting be adjourned to 4:00 p,m „ Julr 20 1982. Carried by unanimous vote. The meeting closed at 8:20 p,m CITY CLE The foregoing minutes were approved by the City Council at their regular meeting of 7, 1982, Corrections (1-c1 No Corrections MAYO CITY OF NATIONAL CITY, CALIFORNIA 7/13/82