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HomeMy WebLinkAbout1979 01-16 CC MIN79 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 16, 1979 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: Campbell, Gerschler, Gill, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by City Manager Gill. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of January 9, 1979 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS ALEX STRUTHERS, Chairman of the South Bay Economic Development Corporation, was present and stated a copy of the certified audit of the Corporation for last year has been handed to Council, along with the new budget. Mr. Struthers stated he is asking Council to reconsider their request for $5,000; the Corporation has undergone a reorganization and their sites are better oriented to a specific job role in the South Bay area. Supervisor Hamilton informed Mr. Struthers that if he could come in with some funding from either the City of National City or Chula Vista that he would go to the Board of Supervisors and ask that they fund the balance of the year on a pro -rated basis. Discussion. Mayor Morgan suggested Council speak to the City Manager regarding this issue and if they want to it can be put back on the Agenda. PUBLIC HEARINGS The continued HEARING on APPEAL of Planning Department NOTICE OF INTENTION TO ABATE AND REMOVE TWO INOPERATIVE VEHICLES as a public nuisance from 1833 "L" Avenue, ZV 78-89, Gilbert G. Pina (staff recommended a finding be made that this inoperative vehicle be declared a public nuisance and ordered to be removed from the premises if not removed by the owner prior to January 16, 1979; the hearing was continued from December 12, 1978 to permit the sale of car) was held at this time. Planning Director Gerschler stated the applicant was aware of the time of the hearing; Council heard this item first on December 12th; at the request of Mr. Pina, Council granted a 30-day extension; on January 11 an inspection was made of the site and it was determined that the car was still there; he has had no more contact with Mr. Pina; staff recommends a finding be made that this inoperative vehicle is a public nuisance and order it to be removed from the premises. No one was present in this regard. Moved by Morgan, seconded by Waters, we set this hearing for two weeks from tonight and Planner be authorized to write them a letter and tell them that it is on the Agenda. Carried by unanimous vote. The continued HEARING on APPEAL of the Planning Commissions' DENIAL of application for PLANNED DEVELOPMENT PERMIT to allow development of a 2-story duplex at rear of 1819 "K" Avenue, PD-121 (at their meeting of 12/19/78 Council took action to hold this matter over to their meeting of 1/9/79 and directed the applicant to bring in new plans indicating single -story construction for staff review and report) was held at this time. Planning Director Gerschler stated he is recommending Council approve the revised plan that has been submitted. No one was present in this regard. Moved by Camacho, seconded by Waters, this hearing be closed and we accept the Planr. zg Director's recommendation and that Mr. Garcia be allowed to build his duplex. Carried by unanimous vote. 1/16/79 80 The HEARING on intention to VACATE AND CLOSE portions of Harding Avenue between 20th and 22nd Streets and portions of 21st Street between Wilson and Harding Avenues, SC-8-78 (this is a city -initiated proceeding; the street vacations will close to public use that portion 9f Harding Avenue lying between 21st and 22nd Streets presently fenced off, previously used by the Public Works Department for material and equipment storage, and reduce the right-of-way widths of Harding between 20th and 21st Streets, and 21st Street between Harding and Wilson Avenues, from the existing 80 feet to 56 feet) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting are on file. Planning Director Gerschler stated this matter was referred to the Planning Commission, notice was given and a hearing held, no opposition was presented and the Planning Commission recommends this street vacation be approved. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be closed and the intent to vacate and close portions of Harding Avenue between 20th and 22nd Streets and that the Planning Commission's recommendations be adhered to. Carried by unanimous vote. The HEARING on AMENDMENT to the LAND USE CODE and ZONING MAP regarding Flood Hazard Zoning, A-1-79 (this amendment would repeal current Floodway/ Floodplain zoning regulations and replace with new Floodway/Floodplain Fringe zoning regulations it would also add flood hazard zoning to the floodplain of the Paradise Creek floodplain and adjust flood zone boundaries in the Sweetwater River Floodplain; these changes are required to comply with the National Flood Insurance Act requirements in order to maintain eligibility for the National Flood Insurance Program) was held at this time. CityClerk Campbell stated the Certificate of Publication is on file. Rolf Gunnarson, Asst. Plan. Director, stated the Planning Department staff concurs with the Planning Commission's recommendation to repeal Chapter 18.24 of the National City Municipal Code "Floodway (-FW) and Floodplain (-FP) zones", to add a new Chapter 18.24 to the National City Municipal Code "Floodway (-FW), Floodway Fringe (-FF-1), and Floodway Fringe -Shallow Flooding (-FF-2) zones, and to amend the National City zoning map by adding and revising the flood hazard zone boundaries (as shown on Document No. 62669 on file in the City Clerk's office). Mr. Gunnarson stated the notice given to the public was a display advertising in the National City Star News and the San Diego Daily Transcript; the reason for this is that there are more than 1000 property owners that would have had to be mailed notices of the possible changes; the Government Code provides that the City may select the display -advertisement form of notice; this is sufficient to meet the criteria of the law. Mayor Morgan stated that he isn't prepared to make a decision this evening without knowing that the people affected had been notified of the hearing and doesn't believe they would be in favor of it. Mr. Gunnarson stated this Ordinance represents the minimum required by the federal government to satisfy their regulations to allow property owners to continue to participate in the National Flood Insurance Program and to continue to purchase and stay in the program, and so the other properties within the area will be eligible for applications for lcaas that will require federal insurance. Discussion. Mr. Gunnarson stated there is language in the Ordinance that has been added to try and soften the effect as much as can be and still satisfy federal regulations; there is a special exception procedure built into the Ordinance that does make specific reference to the type of situation where you have a property of half an acre or less that is in an area where development already exists subject to the flooding; in this case, where hardship is presented, to try and meet the elevation requirement of the Ordinance, a property owner can file an appeal and present his case and show hardshir the Planning Commission has the ability to grant an exception; the federal government has established February 15th as the deadline for the cities to act by adopting an Ordinance; it would take staff quite a bit of time to go thm ugh and prepare the ownership lists and make the mailings; the only other choice would be to bring this back as an urgency Ordinance to be followed up with a public hearing. Plan. Dir. Gerschler stated 1/16/79 81 as he understands it, the federal government is telling the City that if the City does not approve this Ordinance they would then withdraw federal support of any sort, mortgage insurance, FHA loan approvals, any sort of federal involvement in the area they have defined on their map; however, he believes the City does have the option of saying "no". City Attorney McLean stated that for all practical purposes the City would be terminating any development or any significant remodeling in the district; the hooker in the Federal Flood Hazard Program is that it's not only FHA loan approval but it's loans from any lending source regulated and participating in any federal banking system, which in essence is every source of funds that people use; this is one of the consequences of saying "no", any property owner who then attempts to get what he considers some conventional remodeling financing through his local bank will find out that funds will not be available because of this denial; it would seem that the sensible approach would be to think that the exception provision that is in the Ordinance, and others that staff might think of, are easier to work on and deal with a complaint from the federal agency of not exactly complying than to not get in the program at all and have a blanket cancellation of financial capacity within this district; there may be some other implications such as street repair funding through another program and the like, the Gas Tax fund, etc.; the biggest thing in this flood hazard is the connection between failure to have the flood hazard regulations tied to federally regulated financial institutions. Councilman Dalla stated that basically Council has two choices, one is to do what they want and the other is to do what they want; the effects of not passing this Ordinance seem to be substantial; the Council doesn't have much room to maneuver. City Engineer Hoffland stated that after working with the Corp of Engineers on this he believes the City Attorney's comments are correct; they consider National City one community and if this community doesn't comply with the regulations, nobody can get a construction loan nor could they refinance their home. Mr. Gunnarson stated he understood that the restrictions on loans applied to the areas within the 100 year flood. WILLIAM HODGES, 210 "B" Avenue, was present and stated Council still doesn't seem sure of this subject; perhaps Council should have a special meeting on their own regarding this. Moved by Dalla, seconded by Van Deventer, the hearing be closed and the Planning Commission's recommendations, Item 1 through 3, be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,956, "RESOLUTION ACCEPTING COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL AND DIRECTING THE RECORDING THEREOF (Henry Friesen and Rodney Applegate, 602 Euclid Avenue)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,956 be adopted. Carried by unanimous vote. Resolution No. 12,957, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (Garage at 1845 Granger Avenue - Bobby H. Bouchell and Keith V. McDaniel)." Moved by Dalla, seconded by Waters, Resolution No. 12,957 be adopted. Carried by unanimous vote. Resolution No. 12,958, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND VERL D. MASON FOR CONSTRUCTION OF STORM DRAIN AT 1107 "B" AVENUE." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,958 be adopted. Discussion. Motion carried by unanimous vote. 1/16/79 82 Resolution No. 12,959, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed from Bobby H. Bouchell and Keith V. McDaniel)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,959 be adopted. Carried by unanimous vote. Resolution No. 12,960, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (19th Street)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,960 be adopted. Carried by unanimous vote. Resolution No. 12,961, "RESOLUTION ORDERING WORK (Alley between "A" Avenue to "B" Avenue, 20th Street to 21st Street, Assessment District No. 196)." Moved by Van Deventer, seconded by Waters, Resolution No. 12,961 be adopted. Carried by unanimous vote. Resolution No. 12,962, "RESOLUTION ADOPTING WAGE SCALE (Alley between "A" Avenue to "B" Avenue, 20th Street to 21st Street, Assessment District No. 196)." Moved by Waters, seconded by Dalla, Resolution No. 12,962 be adopted. Carried by unanimous vote. Resolution No. 12,963, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (Sign and portion of parking lot in 12th Street - Windmill Plaza)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,963 be adopted, Carried by unanimous vote. Resolution No. 12,964, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement from Donald W. Purvis, Gordon L. Kugler, and Joseph E. Hollow).'' Moved by Camacho, seconded by Van Deventer, Resolution No_. 12,964 be adopted. Carried by unanimous vote. Resolution No. 12,965, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESS- MENT AND TIME OF HEARING (Alley between 2nd Street to 3rd Street and "E" Avenue to "F" Avenue, Assessment District No. 192)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,965 be adopted. Carried by unanimous vote. Resolution No. 12,966, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO IN- CREASE BUDGET FOR SALARY PURPOSES." Moved by Camacho, seconded by Waters, Resolution No. 12,966 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Waters, these Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1659 (1/9/79-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-12B-78, to rezone from RM-1-D-10 [Residential Multiple -Density 10] to RT-D-10 [Two Family Residence -Density 10] the properties at 2941, 2945, 2955, 2961, 3011-45, 3040-401, and 3051 Baker Place and the vacant parcel adjoining the easterly side of 2945 Baker Place)," Moved by Waters, seconded by Van Deventer, Ordinance No. 1659 (1/9/79-1) be adopted. Carried by unanimous vote. Ordinance No. 1660 (1/9/9-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-27-78, to rezone from RM-1-PD [Residential Multiple -Planned Development] to CBD [Central Business District] the property at 222 Plaza Boulevard)." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1660 (1/9/;9-2) be adopted. Carried by unanimous vote. 1/16 /79 83 Ordinance No. 1661 (1/9/g9-3), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-11A-78, to rezone from RM-1-D-10 [Residential Multiple -Density 10] to RT-D-10 [Two Family Residence -Density 10] the properties on the northerly side of Ridgeway Drive--2305 through 2447 inclusive, on the southeasterly side of Prospect Street--2519 through 2545 inclusive, the vacant parcel at the southeast corner of the intersection of 24th Street & Euclid Avenue [Assessor's Parcel 563-070-07] & adjoining vacant parcel [Assessor's Parcel 563-070-05])." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1661 (1/9/79-3) be adopted. Carried by unanimous vote. Ordinance No. 1662 (1/9/?9-4), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-15-78, to rezone from RM-1-D-10 [Residential Multiple -Density 10] to RT-D-10 [Two Family Residence -Density 10] the properties on the easterly side of Alta Drive--3211 through 3239 inclusive, and the vacant parcel adjoining the northerly side of the property at 3211 Alta Drive [Assessor's Parcel 564-261-28])." Moved by Camacho, seconded by Waters, Ordinance No. 1662 (1/9/79-4) be adpted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 27, dated January 16, 1979, in the amount of $22,646.29 (Warrant Nos. 63862 through 63906) was presented. Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Item 21, Planning Commission Resolution No. 1-79, DENYING application for ZONE VARIANCE to allow a reduction in required off-street parking from 28 spaces to 8 spaces in conjunction with a job training school at 2005 Highland Avenue, Z-19-78; Item 22, Planning Commission Resolution No. 2-79, DENYING application for CONDITIONAL USE PERMIT to allow a job training school at 2005 Highland Avenue, CUP 1978-25; Item 23, Planning Commission Resolution No. 3-79, APPROVING application for PLANNED DEVELOPMENT PERMIT to allow development of two single -story triplexes at 2230 thru 2244 Euclid Avenue, PD-123; Item 24, Planning Commission Resolution No. 4-79, DENYING application for CONDITIONAL USE PERMIT to allow dancing in conjunction with an existing restaurant and bar at 841 National City Blvd., CUP 1978-29; and, Item 25, Planning Commission Resolution No. 5-79, APPROVING application for CONDITIONAL USE PERMIT to allow student classrooms, offices and supporting services, operated in conjunction with National University, an educational institution, at 12, 14 and 36 G N. Euclid Avenue, CUP 1978-30, was presented. Moved by Camacho, seconded by Dalla, these be filed. Carried by unanimous vote. CITY MANAGER CITY MANAGER GILL stated a memo had been given Council from the Recre- ation Department stating that San Diego Federal Savings and Loan, on a tentative basis plan to sponsor four senior citizens dances throughout the year, this would include both the band and refreshments; they should be complimented; this is a first for the Recreation Department in securing participation by the business community and involving them in the activities of the City. CITY ATTORNEY - No report, OTHER STAFF - No report. MAYOR - No report. 1/16/79 84 CITY COUNCIL COUNCILMAN DALLA asked the City Engineer to check on the bus stop that was painted on National City Blvd. around 1017, which is excessive in length. City Manager Gill stated the bus stops are longer to accommodate the new articulated busses. Mayor Morgan asked the City Engineer to check the bus stop at 6th Street and National City Blvd. Councilman Van Deventer stated Admiral Glass asked to have the stop in front of their business checked also; two of their parking spaces have been taken up by the bus stop. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:35 p.m. CITY CLEF�t( CITY •F NATIONAL CITY, CALIFORNIA The foregcning minutes were approved by the City Council on January 23, 1979. 12i/No Corrections Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/16/79