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HomeMy WebLinkAbout1980 04-01 CC MIN128 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 1, 1980 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, McCabe, Pagano. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Atwell Stewart, St. Matthews Episcopal Church. PRESENTATIONS AND PROCLAMATIONS The City Clerk read the Mayor's proposed proclamation, "NATIONAL LIBRARY WEEK, CITY OF NATIONAL CITY LIBRARY", April 13-19, 1980. Moved by Camacho, seconded by Van Deventer, in favor of the proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Shula Monroe, Librarian. The City Clerk read the Mayor's proposed proclamation, "WOMEN OF ACHIEVEMENT WEEK", April 13-19, 1980. Moved by Waters, seconded by Dalla, in favor of the proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Nancy McNary, President, Presidents' Council. Mrs. McNary introduced two of the three women of achievement who live in this area. The City Clerk read the Mayor's proposed proclamation, "REMEMBER THE HOSTAGES DAY" April 4, 1980. Moved by Waters, seconded by Van Deventer, in favor of the proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mrs. Morefield and son, Stephen. One minute of silence was observed in honor of Junior Robles, who perished in the airplane explosion over Warsaw, Poland along with all the members of the U.S. Boxing Team enroute to a boxing tournament; Mr. Robles was known and respected throughout the county for his contribution to young people. PUBLIC ORAL COMMUNICATI0NS - None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, these Resolutions be read by title only. Carried by unanimous vote. Resolution No. 13,297, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VARIOUS AMENDMENTS TO APPENDIX "A" AND APPENDIX "D" OF THE NATIONAL CITY LAND USE CODE." Moved by Waters, seconded by Van Deventer, Resolution No. 13,297 be adopted. Carried by unanimous vote. Resolution No. 13,298, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AND PROVIDING FOR THE EXECUTION OF A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00822, KIMBALL PARK RENOVATION, BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,298 be adopted. Carried by unanimous vote. 4/1/80 129 Resolution No. 13,299, "RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING THE BLOCK GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN -SPACE AND RECREATION PROGRAM." Moved by Van Deventer, seconded by Waters, Resolution No. 13,299 be adopted. Carried by unanimous vote. Resolution No. 13,300, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT FOR PATIO AT PLAZA VILLAGE CONDOMINIUS." Moved by Van Deventer, seconded by Dalla, Resolution No. 13_2300 be adopted. Carried by unanimous vote. Resolution No. 13,301, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Pool Cover for Las Palmas Park, Specification No. 908)." Moved by Waters, seconded by Camacho, Resolution No. 13,301 be adopted. Carried by unanimous vote. Resolution No. 13,302, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Asphalt Concrete Resurfacing Program, FY 79-80, Specification No. 909)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,302 be adopted. Carried by unanimous vote. Resolution No. 13,303, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE EQUIPMENT MAINTENANCE DIVISION." Moved by Waters, seconded by Camacho, Resolution No. 13,303 be adopted. Carried by unanimous vote. Resolution No, 13,304, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR RETIREMENT COMPENSATION PAYOFF." Moved by Waters, seconded by Van Deventer, Resolution No, 13,304 be adopted. Carried by unanimous vote. Resolution No, 13,305, "RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT A TO JOINT POWERS AGREEMENT OF 1972 (South Bay Irrigation District)," Moved by Van Deventer, seconded by Camacho, Resolution No. 13,305 be adopted. Carried by unanimous vote. Resolution No. 13,306, "RESOLUTION AMENDING AGREEMENT WITH METROPOLITAN TRANSIT DEVELOPMENT BOARD RELATING TO MODIFICATIONS TO I-5/24TH STREET INTERCHANGE," Moved by Camacho, seconded by Van Deventer, Resolution No. 13,306 be adopted. Carried by unanimous vote. Resolution No, 13,307, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,307 be adopted. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Van Deventer this ordinance be read by title o,,.??. Carried by unanimous vote. Ordinance No. 4/1/80-1, "Ordinance amending the provisions of the National City Land Use Code to add new regulations, correct or improve code format, correct typographical errors, clarify intent, respond to Federal or State Mandates, update to reflect recently adopted ordinances and Interim Ordinances and correct code conflicts. (A-13-79)." NEW BUSINESS The City Treasurer/Finance Director's request for ratification of demands (WARRANT REGISTER NO. 39), dated April 1, 1980, in the amount of $112,032.43 (Warrants Nos. 67964 through 68051) was presented. Moved by Camacho, seconded by Waters, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. 4/1/80 130 The Request for refund by DEGEN DEVELOPMENT COMPANY of SCHOOL FACILITIES DEDICATION FEES, Las Palmas Park Villas S-29 (Request for refund of school facilities dedication fees, in the amount of $32,400, paid in conjunction with building permit application for Las Palmas Park Villas Condominiums; they paid $42,000 in school fees; school fees for these 32 two -bedroom units would amount to $9,600... over -payment of $32,400.) Moved by Waters, seconded by Van Deventer, In favor of Degen Development Company's request. Under discussion, Vice Mayor Dalia, inquired on the conditions, covenants and restrictions being the controlling factor on whether how many of these units have children and how many don't; but I think we're going to be hard pressed if someone in the single's condominium decides to raise a family; we're going to be hard pressed to evict them or have the neighbors evict them. It won't be long before they're intermingled between singles and non -singles. Councilman Camacho asked Mr. Gerschler if it was to late to set this thing aside until some solution to this potential problem popping up later to make us come to some clear definition. Planning Director Gerschler answered that the City Attorney's office is working on it; but it doesn't apply to the question that is on your agenda tonight. Moved by Morgan, we table this until we have a report from the Planning Department. Motion failed for lack of second. Carried by the following vote, to -wit: Ayes: Camacho, Dallas Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION PLANNING COMMISSION RESOLUTION NO. 10-80 Approving an application for Conditional Use Permit to allow a "Print Shop/Instant Printing" and related items on property located at 3142 Unit "P" East Plaza Boulevard (CUP 1980-1) Moved by Waters, seconded by Van Deventer, it be filed. Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Approval of the March 20, 1980 minutes of the STREET TREE AND PARKWAY COMMITTEE. Moved by Waters, seconded by Dalla, In favor of the Street Tree and Parkway Committee's recommendations. Carried by unanimous vote. CITY MANAGER -.No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN WATERS read a letter from the Congress of South Bay Seniors, requesting Council consideration of an ordinance requiring unit pricing similar to ordinances adopted by the County of San Diego and Cities of San Diego and Imperial Beach. Mr. Waters said the seniors feel that without marked prices on each item, shoppers would not know if the cash register tallies are correct; it would also be a hardship not to be able to compare prices when shopping; the prices can be re -programmed in the machine with no guarantee that they have been corrected on the shelf. Moved by Morgan, seconded by Waters, the City Manager and City Attorney bring us a report which_includes talking to the merchants in National Cityr. Carried by unanimous vote. COUNCILMAN VAN DEVENTER reported he and Councilman Camacho met with the Chief of Police to discuss the violent crimes in certain areas of the city; they discussed moving in some direction to solve the overall problem as far as having enough police officers on the beat on weekends, as one example; we have the lowest number of reserves in the City that we've had in a long time. COUNCILMAN CAMACHO continued that they discussed an implementation program to bring in our reserves; there may be necessary expenditures for overtime; over the weekend he had many calls 4/1/80 131 concerning the senseless killing over the weekend; our citizens are fed up with it; if we don't do something positive, the people in our residen- tial areas and business areas are wondering what is the City Council doing, Moved by Camacho, seconded by Van Deventer, the City Council support the strategies brought up by our Police Department and if there are going to be expenditures that we make them rand the Police Department bring back a report. Carried by unanimous vote. Further discussion. PUBLIC HEARING The PUBLIC HEARING on the Proposed Zone change to add PUD (Planned Unit Development) zoning to the property at 127 and 129 Norton Avenue (Assessor's Parcels 554..043-15 & 16), ZC,.1-80 (Planning Commission recommends approval, staff does not concur. Staff feels that the property can be reasonably developed within the existing zoning requirements and does not need deviations from the requirements) was held at this time. TIMOTHY RAMSEY, Biggs Engineering Corp., was present representing Roland Corrales, owner, and said they've asked for the zone change to allow us to do two things; first, the zoning as we understand it requires a front yard setback that is equal to your adjacent property owner for a maximum of 20 feet; we're asking for the buildings to be set back 20' but 10' from the buildings there be fencing for private patio areas; second would be the side yard setbacks which are normally 5', and in this particular case, because the units are two story units they are required to be 10'. In answer to the Mayor's question, Planning Director Gerschler answered the lot was .58 acres. In answer to the Mayor's question how many units would be built, Mr. Ramsey said 11, the zoning presently allows the density they're asking for, Mayor Morgan said setting density so that people can build more units in National City and more kids to go to school and creates more problems & traffic for National City, Mr, Ramsey stated the density they're requesting is within present zoning; they're not asking for an increase in density, what they did is pull the project in and up; that can be done, one of the reasons for the PUD is that they are going to be Townhouses type units - two story, rather than a three..story apartment complex. ROLAND CORRALES, 1452 Lorenze Avenue,r San Diego, wasp and Council to approve the setback. Mayor Morgan explained approval wouldu dsetail precedent. Discussion. Moved by Van Deventer, seconded by Morgan, this request be denied and the hearing be closed. Carried by unanimous vote. Moved by Morgan, seconded by Waters, the meeting be closed, Carried by unanimous vote. The meeting closed at 8:31 p.m, C CITY CLER CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of April 1980. ElCorrections Ii/ No corrections CITY OF NATIONAL CITY, CALIFORNIA 4/1%80