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HomeMy WebLinkAbout1980 12-09 CC MIN33 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 9, 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, 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 City Manager McCabe. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Waters, the minutes of the regular meeting of November 25, the adjourned meeting of November 25, and the regular meeting of December 2, 1980 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's proposed appointment of LARRY E. GRANT to the Civil Service Commission was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,481, "RESOLUTION OF THE CITY OF NATIONAL CITY ENDORSING THE PRESERVATION AND REHABILITATION OF THE SAN DIEGO ROWING CLUB BOATHOUSE." Moved by Dallas seconded by Van Deventer, Resolution No. 13,481 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 13,482, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE COUNTY OF SAN DIEGO TO APPLY FOR FUNDING AND TO RECEIVE AND UTILIZE MONIES, AND TO IMPLEMENT A SINGLE, COORDINATED COUNTYWIDE LITTER CLEANUP AND ENFORCEMENT PROGRAM UNDER PROVISIONS OF CHAPTER I OF TITLE 7,8 OF THE GOVERNMENT CODE." Moved by Dalla, seconded by Van Deventer, Resolution No. 13z482 be adopted. Carried by unanimous vote. Resolution No. 13,483, "RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY." Moved by Dalla, seconded by Camacho, Resolution No, 13,483 be adopted. Discussion. Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1730 (48,41/8A-i), "AN INTERIM ORDINANCE ADOPTED AS AN EMERGENCY MEASURE PURSUANT TO GOVERNMENT CODE SECTION 65858, TO ADD PLANNED DEVELOPMENT (PD) COMBINING ZONE TO CERTAIN REAL PROPERTY ZONED COMMERCIAL, CENTRAL BUSINESS DISTRICT (CBD), 906 THROUGH 914 EAST EIGHTH STREET." Planning Director Gerschler explained the owner has submitted a preliminary sketch plan for review by staff which shows commercial frontage on the northerly 1/3 of the property and nothing on 12/9/80 34 the balance. The following questions were asked relative to adding PD: How long would this tie this man up in his development? How would it hinder him in the way of financing? How far along is he with this project as far as his financial plans and so forth? Planning Director Gerschler replied Mr. Bendah was here tonight and could answer; a planned development takes approximately a month to six weeks of processing time; he doubted that a month or six weeks was enough to stop a project; whether or not the interference by the City in looking at the design of a project might interfere with the project, the answer was yes; it certainly might interfere with the project; that is always the nature of zoning controls of any kind, it does require that people do things perhaps differently; staff attempts to keep Council advised of those things they think might have a strong impact on Council policy and on your perceived desires for this City; when they see something that they think is contrary, however important that might be, they bring it to Council's attention and in bringing it to Council's attention, they try to suggest some way of getting a hold of the problem; if they had seen a preliminary sketch plan for this property consistent with City policy, they wouldn't be here with this proposed ordinance; but what they saw was something that they perceived to be contrary to City policy and City desires for getting the ultimate use of the remaining land and the only legal means that they can propose to give Council a chance to review those plans is to add the PD overlay. JOSEPH BENDAH, 6264 Bernadette Lane, San Diego, was present and requested Council not approve this ordinance; saying he would be glad to revise the plans; any more restrictions would tie his hands even more on this; he wanted a frontage of shopping center and in six weeks he would come into the Planning Department and show them a different plan for approval; if Council puts a PD on this, a Public Hearing will be necessary and everyone will have a different opinion and this will create problems. Discussion. City Attorney McLean said a project has come to our attention which we perceive to be contrary to every development criteria you have told us you want to apply to commercial development, so we have taken it upon ourselves to say Council does not want such a project to be built without review; the method by which you get review is applying the planned development permit process to property; if we are wrong in understanding what it is Council wants, tell us tonight and we will issue a building permit tomorrow; it is simple, there is nothing in it for us except to do what you want us to do; the City does not desire to jeopardize the rights of the property owner;...we don't know what the property owner intends to do until he brings his plans in; there is no way for us to proceed; there is a difference between what the property owner wants and what the Council wants; until we see the plans, and...specific proposal, we don't know there is a conflict in what his goals are and what Council's goals are. Discussion. Moved by Camacho, seconded by Waters, Ordinance No. 1730 (1221444-1) be adopted. Carried by unanimous vote. OTHER BUSINESS PLANNING The request for TIME EXTENSION for Filing of Tentative Map for RUBEN FRUTOS SUBDIVISION- (City Council has already granted one time extension of six months for this tentative map; the map is scheduled to expire on January 10, 1981; Subdivision Map Act, Sec. 66452.6(c) provides that: Upon application by the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the legislative body...for a period or periods not exceeding a total of two years"; based on this section the map could be extended until July 10, 1982; Planning Department staff recommends approval of the extension to July 10, 1982) was presented. Moved by Camacho, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. The request of LAZARO LUPIAN, 2440 "J" Avenue, for City help on his water main problem in the 2400 block of "I" Avenue (The requirement 12/9/80 35 for a $12,500 water main extension is imposed by Sweetwater Authority; the City has no jurisdiction; task force consisting of Planning Director Gerschler, City Engineer Grahl and Fire Chief Bridges recommended: 1. City advance $1,650 from fire hydrant fund to cover full cost of this hydrant; Sweetwater Authority to collect and reimburse to City on a "hook-up" basis, spreading the costs to all benefitees, 2. City assist in preparing a new improvement district (1911 Act) to install the water main; costs to be shared by all benefitees; 3. City request that Sweetwater Authority study less expensive alternatives; past parcel maps were approved without requiring fire hydrants; the new policy was applied to the Lupian case; that lot now must meet full burden of cost at $1,650; sharing that cost with neighbors would seem more equitable; the City has no budgeted funds to assist subdividers in meeting the cost of water main extensions) was presented. In answer to the question why City has no cost spread from the Sweetwater Authority to come back and add in the one line, Planning Director Gerschler replied the task force talked about that point, and Sweetwater Authority was asked to make such a spread and they said they would; at the time the staff report was prepared, it was not yet finished, but they assured them they would, and the cost to Mr. Lupian would be less than $12,500 which could be further reduced by the City's participation in the fire hydrant. Discussion. Moved by Waters, seconded by Van Deventer, Council ayprove Item # 1 of the staff recommendations. Carried by unanimous vote. Mayor Morgan recognized Larry E. Grant, who was present in the audience, who was just appointed to the Civil Service Commission. CITY MANAGER City Manager McCabe requested Council approve $1500 in Revenue Sharing Funds (budgeted for FY 80-81) be released for the MAAC Christmas Party, saying the City has Revenue Sharing Funds sufficient to advance that. Moved by Van Deventer, seconded by Waters, so moved. Carried by unanimous vote. CITY ATTORNEY - No Report. OTHER STAFF - No Report. MAYOR -+ No Report. CITY COUNCIL Councilman Camacho reminded Council that the term of Lorenz Ruehle, Port District Commissioner, expires on December 31, 1980, and requested input in regard to retaining Mr. Ruehle or appointing another person to this position. Councilman Van Deventer requested this be held over for one week. Vice Mayor Waters suggested Council make written recommendations to the Mayor before the next Council meeting. PUBLIC HEARING The PUBLIC HEARING on the PROPOSED AMENDMENT TO THE NATIONAL CITY GENERAL PLAN, GP-3-80, to consider several amendments to the General Plan (A. To change from "Residential 1-5 Dwelling Units/Acre" to "Residential 6/10 Dwelling Units per acre" the property located on the south side of Sweetwater Road, 3140 Sweetwater Road (Assessor's Parcels 564-32-14 and 564-30-05), B. To change from "Limited Commercial Use" to "General Commercial Use" the property located at 1615 East Eighth Street (Parcel No. 557-112-12); C. To change from "Residential, 6-10 Dwelling Units per acre" to "General Commercial", the property located on the unincorporated north side of Sweetwater Road at 1755, 1825-31, 1833-35, 1843-45 Sweetwater Road and 2935-37 Prospect Street (Assessor's Parcels 563-162-50, 51, 44, 49, 25 and 563-163-28) was held at this 12/9/80 36 time. The City Clerk reported the Certificate of Publication was on file. planning Director Gerschler reported the Planning Commission recommended approval of A. To change from "Residential 1-5 to Residential 6.10, the property located at 3140 Sweetwater Road, Assessor's parcels 564-32-14 and 564-30-05, and staff concurred. No one was present in this regard. Planning Director Gerschler reported the Planning Commission recommended filing of B. To change from "Limited Commercial Use" to "General Commercial Use", the property located at 1615 east 8th Street, parcel no. 557-112-12, and staff concurred. No one was present in this regard. Planning Director Gerschler reported the Planning Commission recommended approval of C. To change from "Residential 6..10" to "General Commercial", the property located on the unincorporated north side of Sweetwater Road at 1755, 1825-31, 1843-45 Sweetwater Road and 2935-37 Prospect Street (Assessors' parcels 563-162-50, 51, 44, 25 and 563-163-28), and staff concurred. No one was present in this regard. Moved by Dallas seconded by Camacho, the public hearing be closed, Item A be approved as per the Planning Commission's recommendation; Item B be filed as per their recommendation and Item C be approved. Carried by unanimous vote. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:07 p.m. c___)L, (-0 CITY CLERK CIT OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of December 16, 1980. CITY OF NATIONAL CITY, CALIFORNIA 12/9/80