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HomeMy WebLinkAbout1979 03-13 CC MIN121 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 13, 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: Ballard, Campbell, Gerschler, Hoffland, 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 the Rev. Hubert Campbell. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of February 27, 1979,be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's proposed reappointments to the Advisory and Appeals Board (Marion Cooper and J.P. McClure to terms ending February 28, 1983) was presented. Moved by Waters, seconded by Van Deventer, in favor of the Mayor's recommendation. Discussion. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS ALFRED HLAWATSCH, 1239 E. 30th Street, was present and reported he received received a letter from the Planning Department requesting comments from the public in regard to the environmental "negative declaration" for a project proposed for the area between Gemco and Sweetwater Town and Country Center; he received the letter today, three days before the deadline to respond, this is too short a period of time to make an intelligent response. Mr. Hlawatsch asked why more time was not allowed to reply. Mr. Hlawatsch said the area to be developed is the last green space within the area; a new commercial building will increase pollution, etc., this should be left as it is; he is speaking not only for himself but for a neighbor. Planning Director Gerschler stated Mr. Hlawatsch did what the letter directed by bringing this matter to the attention of Council; Council may now wish to review the project; he will look into getting such notices out to the public sooner. MAYOR MORGAN stated the City is fortunate to have Tom McCabe and Ronald Ballard to take over as Manager and Assistant Manager; he knew they would work for the benefit of National City. ADOPTION OF RESOLUTIONS Moved by Dalla, seconded by Van Deventer, the Resolutions for adoption and Ordinances for adoption all be presented by title only. Carried by unanimous vote. Resolution No. 12,999, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE TWENTIETH STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE AND PORTION OF ADJOINING ALLEY TO THE NORTH, (SC-4-78)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,999 be adopted. Carried by unanimous vote. Resolution No. 13,000, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTION OF TWELFTH STREET AT THE NORTHEAST CORNER OF PLAZA BOULEVARD AND TWELFTH STREET, (SC-1-79)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,000 be adopted. Carried by unanimous vote. 3/13/79 122 Resolution No. 13,001, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP ON PROPERTY LOCATED EAST OF "E" AVENUE, NORTH OF KIMBALL WAY (Park Village Condominiums)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,001 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventei, Morgan. Nays: Waters. Resolution No. 13,002, "RESOLUTION DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT (CUP 1979-1) ON PROPOSED USE OF PROPERTY AT 29 WEST 8TH STREET FOR A BAR AND NIGHTCLUB USE." Moved by Waters, seconded by Van Deventer, Resolution No. 13,002 be adopted. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: Camacho. Resolution No. 13,003, "RESOLUTION APPROVING FINAL SUBDIVISION MAP FOR L.B. NELSONTS VILLAGE FOUR (709-715 "R" Avenue)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,003 be adopted. Carried by unanimous vote. Resolution No. 13,004, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO COMPLETE ROADWAY IMPROVEMENTS, 26TH STREET AND "I" AVENUE, ASSESSMENT DISTRICT NO. 191." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,004 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 13,005, "RESOLUTION APPROVING FINAL SUBDIVISION MAP FOR PARK VILLAGE CONDOMINIUMS (East of "E" Avenue and North of Kimball Way)." Moved by Dalia, seconded by Van Deventer, Resolution No. 13,005 be adopted with the additional recommendations from the Plannin Commission from their last meeting. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 13,006, "RESOLUTION SUPPORTING LEGISLATION TO ALLOW EXCHANGE OF FEDERAL AID URBAN FUNDS WITH STATE GAS TAX FUNDS." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,006 be adopted. Carried by unanimous vote. Resolution No. 13,007, "RESOLUTION ACCEPTING IMPROVEMENTS IN LEISURE I ESTATES." Moved by Waters, seconded by Van Deventer, Resolution No. 13,007 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION (second reading) (See motion to read by title, paragraph no. 8, page no. 121.) Ordinance No, 1670 (3/6/;9-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-2-79, to rezone from RM-1 [Residential Multiple] to CBD [Commercial - Central Business District] the westerly 125 feet of the property at 2026 Highland Avenue, Parcel No. 560-310-03)." Moved by Van Deventer, seconded by Waters, Ordinance No. 1670 (3/6/;9-4) be adopted. Carried by unanimous vote. Ordinance No. 1671 (3/6/;9-3), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (SC-3-79, to rezone from CL [Limited Commercial] to RM-1-D-10 [Residential Multiple -Density 10] the properties at 1817 Lanoitan and the vacant parcel immediately behind it that faces on La Siesta Way [Parcel 558-250-06 and 05, respectfully])." Moved by Waters, seconded by Dalla,.Ordinance No. 1671 (3/6/g9-2) be adopted. Carried by unanimous vote. Ordinance No. 1672 (3/e//9-4), "AN ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE THEREIN FOR THE RECONSTRUCTION OF RESIDENTIAL BUILDINGS THAT HAVE BERN DESTROYED BY FIRE OR OTHER NATURAL DISASTERS." Moved by Van Deventer, seconded by Dalia, Ordinance No. 1672 (3/6/79-4) be adopted. Carried by unanimous vote. 3/13/79 123 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 35, dated March 13, 1979, in the amount of $117,512.32 (Warrants Nos. 64358 through 64428) was presented. Moved by Waters, seconded by Dalla, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The Director of Building & Housing's recommendation to approve a request fromthe Zumma Corporation to occupy a MOBILE COMMERCIAL COACH as TEMPORARY OFFICES at 1612 Wilson Avenue (this request is for a period of nine months; a new plant will be constructed on the 24th Street Pier by the Zumma Corporation; the San Diego Portland Cement Company, at which time permanent offices will be provided; a Temporary Use Permit for this use has beet processed and approved by the Police, Planning, Fire and Building and Housing Departments; staff recommends approval of the request subject to the terms and conditions of the National City Land Use Code) was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. The CLAIM FOR DAMAGES of HARVEY DAILY alleging he was bitten by NCPD dog on 2/25/79 was presented. Moved by Dalla, seconded by Van Deventer, this be denied and referred to the Attorney. Carried by unanimous vote. The City Engineer's recommendation to approve CHANGE ORDER NO. 1 to contract with T.B. PENICK & SONS for improvement of "I" Avenue, Assess- ment District 191 (during grading operations, unstable soil conditions have been encountered on the "I" Avenue 1911 Act Improvement District; the Soils Engineer recommends that an additional 16" mat of rock will be necessary to stabilize the soil; additional excavation and rock are estimated to cost $9,000; $9,000 is available in Unbudgeted Gas Tax Reserves, Section 2107, Fund 9) was presented. Moved by Van Deventer, seconded by Waters, in favor. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS PLANNING Final Subdivision map for Park Village Condominiums, east of "E" Avenue, north of Kimball Way listed on the Agenda was taken care of under Resolution No. 13,001 (See paragraph no. 1 page no. 122.) CITY MANAGER CITY MANAGER MCCABE stated under the CETA contract with the County the City had 17 positions authorized in the past; they have been working with the CETA organization which has authorized 13 additional positions; the City is currently working with the various departments in order to allocate these positions to the proper areas; if Council concurs, they will sign the contract in the Manager's office. COUNCILMAN WATERS stated CETA has helped the City in the past but we should stick to the guidelines and not jeapordize the program in the future; the City is supposed to train these people and encourage them to go out and get permanent employ- ment so that others can be hired. City Manager McCabe stated the Manager's office is encouraging that this be a training program; it will help us while we have the individual but it is not intended to be a permanent position. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. 3/13/79 124 CITY COUNCIL COUNCILMAN WATERS stated he came across a subdivision (on "M" Avenue between 4th and 8th) where people moved in only later to find the sewer was not properly connected by the developers. City Engineer Hoffland stated several different methods are used to hook up sewers in a given subdivision; if it's raw ground with no sewers in the area, the sewer mains and laterals are part of the contractor's work; if the subdivision happens to abut an existing City street, the main in the street may have been existing and in many cases the Sewer Foreman has stubbed out sewer laterals for future lots; if this is part of the City's records, we assume that those laterals are then connected. Councilman Waters said that some sort of inspection should be made to determine this. City Engineer Hoffland stated dye tests could be run on all new subdivisions to prevent this from happening in the future; he will check out this problem. PUBLIC HEARINGS The HEARING on proposed ZONE CHANGE to rezone from RM-1-D-20 and D-15 to RM-1-D-10 the area bounded by 24th Street, "F" Avenue, 26th Street and "E" Avenue, but excluding properties at 220 through 340 24th Street, 2511 through 2545 "B" Avenue, and the property at 225 26th Street, ZC-18-78 (this is a city -initiated zone change; a follow-up to GP-3-78 which changed the land use designation on this area to Residential 6-10 Dwelling Units/Acre; the area includes 54 parcels, 33 containing single-family dwellings, 8 containing two dwelling units, 12 containing multiple dwelling units, and one vacant; the effect of this zoning will be to limit new construction to a maximum of one dwelling unit per lot within the neighborhood described; this is the last of the apartment -area rezoning cases initiated by the Planning Commission over a year ago; staff and the Planning Commission recommend approval) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated after the Planning Commission hearing recommending this change, a petition was received from 41% of the property owners from this area asking that the zone change not be approved. SERGIO DIAZ, 520 E. 24th Street, was present and stated he is not planning on changing anything at the present time, but in the future they may want to build on and they want the opportunity to do it. FRANCES LEE, 2420 "F" Avenue, was present and stated they own a duplex at 2440-42 "F" Avenue and their house is on the lot next to it; they had planned to put a duplex on the lot presently occupied by their house; their lot is 50 x 115 feet; under this change, putting a duplex in wouldn't be possible; they are opposed to this change. MARY HAUBER, 2514 "D" Avenue, was present and stated they have two lots that are 240' deep; they are not presently planning on putting anything on these lots; but would like to be able to; there are apart- ments behind them; they are opposed to this proposed change. MIGUEL ESTRADA, 2418 "F" Avenue, was present and stated he has a similar problem, he has two large lots; he is not planning on building now, but in the future may want to for his family; apartments are all around them. LARRY CALLAHAN, 6610 Via Estrada, La Jolla, owner of the property at 617 E. 24th Street, was present and inquired if his property was included in this hearing and was advised that it was not. Planning Director Gerschler stated that opposition to this zone change didn't develop until after the Planning Commission's hearings; if Council wishes to do something other than what the Planning Commission has recommended, the law requires that the case be referred back to the Commission: Discussion. Moved by Van Deventer, seconded by Waters, we return this to the Planninc Commission to look at Density 15 and continue the public hearing to the 27th of March. Mayor Morgan stated the Commission will look at reducing this area from density 20 to 15, not 10; people will be able to build duplexes in their back yards. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE to rezone from RM-1-D-10 and D-20 to RM-1-D-15 the properties on the south side of Melrose Street, 902 through 940, inclusive, ZC-4-79, (this is a city -initiated zone change; a follow-up to GP-3-78 which changes the land use 3/13/79 125 designation on these properties to Residential 11-15 Dwelling Units/Acre; this area includes six parcels: two containing single-family residences, three containing two dwelling units, and one containing three dwelling units; this zoning will allow new construction at a maximum of two dwelling units per lot within the area; the Planning Commission and staff recommend approval) was held at this time. City Cleric Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated the property owners did not object to this proposed change. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed and the proposed zone change to rezone from RM-1-D-10 and D-20 to RM-1-D-15 and all stipulations of staff be approved. Carried by unanimous vote. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 7:45 p.m. CITY '(yL,ERK CITYOF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Councl on March 20, 1979. Corrections No corrections MA OR CITY OF NATIONAL CITY, CALIFORNIA 3/13/79