Loading...
HomeMy WebLinkAbout1979 07-24 CC MIN216 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 24, 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, Gerschler, Kulikowski, McLean, Newberry. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager Ballard followed with invocation by Pastor Ben Z. George, Paradise Valley Seventh-Day Adventist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of July 17, 1979, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS VINCENT DELUCIA, 1930 Granger, was present and placed a diagram on the board outlining the proposed Edgemere channel which includes raising the grade of the street by seven feet, he cannot see any sense to that. Mr. Newberry stated this project was designed by an outside firm and they came in with a plan that raised Edgemere Avenue approximately 51g feet and would protect against what staff expects a flood to be every ten years; it was discussed in Council and they decided that they wanted more protection than that and instructed staff to raise it another foot and a half; it is now protected from what is expected to be a 25 year flood; the thing that is distressing Mr. DeLucia is the driveway access to his house. Mr. DeLucia stated as he measures it, the entrance to the driveway to the street will be 5'10" higher than what is is now. Mayor Morgan stated Council can't solve the problem tonight. Mr. DeLucia stated someone should ride herd on the departments; he had not been informed of the proposal; why don't they make a temporary repair to avoid the flooding. Vice Mayor Dalla stated the problem Council has had over the years is that Mr. DeLucia's property is in the City of Chula Vista and there has been discussion as to who is going to take care of the problem and get that water out of there; the fact that that hasn't been done has impacted National City and the people who utilitze Edgemere Avenue; the City could wait for a long time before this is taken care of by the City of Chula Vista; we are trying to remedy the situation we can control by improving that street and bringing it up to where a majority of the people can use it. Mr. DeLucia stated this would be to the detriment of the property owner; what good is it to raise the road if you don't do something about the drainage. Mayor Morgan directed Don Newberry to check with the City of Chula Vista to see how they can help solve this problem. Mr. Newberry stated they have sent the plans to the City of Chula Vista and have received a reply from their City Engineer that he looked at the plans item by item and overall agreed with the project, that it would be a betterment. Mr. DeLucia stated he understood that Edgemere would only be raised a foot or two, it wouldn't affect the driveways; he believes this is a foolish waste of taxpayers money because you're going to have to make an approach to the bridge when they put in Highway 54 -- it will have to be done all over again. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of Planning Commission Resolution No. 50-79, DENYING an application for ZONE VARIANCE to allow a double -face projecting sign that will exceed twelve feet in height on property located at 41 7/24/79 217 East Eighth Street, Z-11-79, (this application involves installation of a 30-square foot, double -face projecting sign, principal identification, that will extend approximately 2-feet above the existing roof and have an overall height of 19 feet 9 inches, 7 feet 9 inches higher than that allowed by Code, reason for the variance; the proposed sign will be attached to the building front to provide viewing from east and westbound traffic on 8th Street) was held at this time. Acting City Clerk Kulikowski stated the Affidavit of Mailing and Certificate of Publication are on file. Planning Director Gerschler stated the Planning Commission and staff recommend denial of this application. HOWARD ADLER, Eagle Furniture, was present and stated potential customers can't find them and that's why they need a sign this size. Mr. Adler displayed a diagram of the proposed sign for Council. Planning Director Gerschler stated the Code allows for projecting signs; when the sign Ordinance was being prepared in 1972 the question of projecting signs as a key issue; the Chamber of Commerce felt that limiting the size of projecting signs so one sign didn't block the next one was one of the key things to be achieved with a sign Ordinance, and because of it they put limits on how big those projecting signs could be; Mr. Adler has a building with a block of exposure and he indicates he needs a projecting sign to catch the vision of passing traffic, the Code allows for that kind of a sign but not as large as the one proposed; the Planning Commission felt if Council were to modify this by variance, that you would in effect destroy that objective of the sign Ordinance. Mayor Morgan stated a lot of work had gone into the preparation of the sign Ordinance; Mr. Adler is allowed to build a sign that can be seen by passing motorists. Vice Mayor Dalla told Mr. Adler that in order for Council to grant variance, conditions should exist on his property that make it unique and would cause him to be able to put something in different than those around him; unless those can be pointed out, Council has no right to approve a variance. Mr. Adler stated he needs this sign so that it can be seen by passing motorists; anything else would be invisible. Mayor Morgan stated Council can't change the Ordinance for one person without changing it for all. There was further discussion. No one else was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and that the zone variance to allow a double faced protective sign that will exceed twelve feet in he�ht on property located at 41 East 8th Street be denied and all stipulations of staff be adhered to. Carried by unanimous vote. The HEARING on proposed REZONING from RT (residential two-family) to RS-2 (residential single family) the block bounded by 22nd Street, Las Palmas Park, 24th Street, an "N" Avenue, city -initiated, ZC-12-79 (this is a city -initiated rezoning in response to strong neighborhood opposition to a proposed planned unit development project at 1504 22nd Street; this block contains 20 parcels, 19 containing single-family dwellings and one vacant; one of the parcels also contains a guest cottage; the effect of this zone change would be to limit all new construction to a maximum of one dwelling unit per lot; this proposed rezoning is consistent with the general plan designation of Residential 1-5 Dwelling Units/Acre) was held at this time. Acting City Clerk Kulikowski stated the Affidavit of Mailing and Certificate of Publication are on file. Planning Dir. Gerschler stated the Planning Commission and staff recommend approval of the change. RICHARD AMBRY, 1433 E. 24th Street, was present and stated he owns one of properties involved; at the present time there seems to be no need for changing it from RT-2 to RS-2; they have a party interested in purchasing the property and he doesn't see why a zoning change should be made at this particular time because it would have a tendency to make people become disinterested in the property; he sees no reason for this to be granted at this time. Plan. Dir. Gerschler stated RT-2 is resident- ial two family, 10,000 sq. ft. lots; the adjoining properties felt at the time of the Planning Commission hearing on a proposed condominium project for this property that the area should be saved for single family residences; it was their argument that pursuaded Council to start this proceeding in the first place; the best thing to match the neighborhood would be single family, as it is a single family area. Moved by Morgan, in favor of the Planning Commission recommendations and close the public hearing. Motion died for lack of second. MARGARET AMBRY, 1433 E. 24th 7/24/79 218 Street, was present and stated she doesn't approve of condominiums or apartments going in the area; they had been approached by a real estate agent to see if they wanted to sell their house, they said yes, but found out he wanted the land and would tear down the house, which they oppose; if one of their children come back and want the house, could they build a house behind it overlooking the park for themselves. Planning Director Gerschler stated the subdivision Ord. would allow division of the property; there might be a question of access but it could be done. HELEN HEDDING, 1420 E. 22nd Street, was present and stated 82% of the people in the area don't want more than one family on a parcel;"let's keep the hill pretty and in one piece". Moved by Morgan, we close the public hearing and approve the Planning Commission recommendation. Motion died for lack of second. Moved by Camacho, seconded by Waters, it remains as it is. Councilman Van Deventer asked Plan. Dir. Gerschler if 23rd Street ran through, instead of changing the whole property -- could we make that single family residences on 22nd Street and leave 24th Street as RT-2. Mr. Gerschler stated Council can draw the line wherever they want to. Mayor Morgan stated if Council is going along with this, a mailing should be sent to all those people; they want to keep it R-1, they don't want two families living out there on one lot; a majority of the people want to keep it R-1. Mr. Gerschler stated if building another dwelling were the only issue this hearing wouldn't have an effect on it one way or the other; the issue here is the zoning of the rest of the property. There was further discussion. Moved by Van Deventer, seconded by Camacho, we send this back to the Planning Commission with guidance that we would like to see single family residences in that area but have the avenue for them to break into 7500 sq. ft. lots in this particular property. Carried by unimous vote. The HEARING on ASSESSMENT ROLL, DISTRICT 197, Alley 2nd Street to 3rd Street between "D" Avenue and "E" Avenue was held at this time. Acting City Clerk Kulikowski stated the Certificate of Publication and Affidavit of Mailing are on file. RORRRT ONLEY, Staff Assistant, was present and pointed to a diagram placed on the wall which outlined the boundaries of the district; the separate parcels each have an assessment number; the alley improvements are from "D" Avenue to "E" Avenue and from 2nd Street to 3rd Street; the incidental expenses are $2,836.20; contract cost, $13,041.80; total project cost, $15,878.00; City contribution, $2,348.00; total amount to be assessed, $13,530.00; he has personally looked at each and every lot, portion of lot and parcel and determined that they benefit in proportion to the benefits they will receive and has assessed the total sum of $13,530.00 upon the several lots, portions of lots and parcels of land in said assessment district benefited thereby; there are no written protests. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing on Assessment Roll, District 197 be closed the alley between 2nd Street to 3rd Street between "D" Avenue and "E" Avenue be approved and all stipulations of staff. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, these Resolutions and Ordinances be presented by title only. Carried by unanimous vote. Resolution No. 13,088, "AWARDING CONTRACT FOR DRAIN CONSTRUCTION, SPECIFICATION NO. 905, TO DIMENT'S BACKHOE SERVICE." Moved by Camacho, seconded by Van Deventer, Resolution No. 13s 088 be adopted. Carried by unanimous vote. Resolution No. 13,089, "RESOLUTION CONFIRMING ASSESSMENT (Alley 2nd Street to 3rd Street between "D" Avenue and "E" Avenue, District No. 197)." Moved by Dalla, seconded by Camacho, Resolution No. 13,089 be adopted. Carried by unanimous vote. Resolution No. 13,090, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESS- MENT AND TIME OF HEARING THEREON (Alley "A" Avenue to "B" Avenue, between 20th Street and 21st Street, District No. 196)." Moved by Van Deventer, seconded by Waters, Resolution No. 13090 be adopted. Carried by unanimous vote, 7/24/79 219 Resolution No. 13,091, "RESOLUTION AUTHORIZING EXECUTION OF ENCROACHMENT REMOVAL AGREEMENT FOR WALL ADJACENT TO 1410 LANOITAN AVENUE (Castanada)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,090 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) (See page 218, paragraph 3) Ordinance No. 1690 (7/24//9/1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING NATIONAL CITY MUNICIPAL CODE, TITLE 18, ZONING, REGARDING USEABLE OPEN SPACE, OFF-STREET PARKING, ACCESSORY STORAGE, SETBACKS, AND ARCHITECTURAL QUALITY FOR APARTMENTS AND RESIDENTIAL CONDOMINIUMS, AND DECLARING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1690 (9/24//9-1) be adopted. Carried by unanimous vote. Ordinance No. 7/24/79-2), "Amending the provisions of the National City Land Use Code to add provisions regarding height of fences, walls and hedges along side and rear property lines, A-7-79." Ordinance No. 7/24/79-3, "Amending Title 18, Zoning, of the National City Municipal Code regarding "Governmental Services Agencies" A-8-79". ORDINANCES FOR ADOPTION (second reading) Ordinance No. (7/17/79-2),"An Ordinance of the City of National City relating to the prohibition of sale, possession and display of spray paint cans." Moved by Camacho, seconded by Van Deventer, Ordinance No. (7/17/79.2) be adopted. Moved by Van Deventer, seconded by Camacho, the Ordinance be amended to require that the size of the container be six or less ounces of paint, the reason for this is the hobby and paint stores will be able to supply material for hobbys. Discussion. Carried by unanimous vote. City Attorney McLean stated the Ordinance will be presented at the next meeting for second reading. OLD BUSINESS Chief of Police Terry Hart's report on STREET VENDOR ACTIVITY (as outlined on document no. 63648 on file in the office of the City Clerk) was presented. Asst. City Manager Ballard stated staff is recommending adopting a Temporary Use Permit procedure for the regulations of street vendor activity and to further deputize the Business License Clerk and Assistant Planner for enforcement and issuance of citations; the Municipal Code and Land Use Code provide for these procedures which would be an enhancement to the regulatory process for street vendors. Moved by Waters, seconded by Van Deventer, in favor of staff's recommendation on Item 12. Moved by Van Deventer, seconded by Camacho, amend the motion from $75.00 down to $50.00 for all non -city delivery by vehicle license fees. BARNEY WATSON, Business License Inspector, was present and stated there is a conflict in Ord. No. 1606, which was adopted in December of 1978; all business license applications were ordered between September and October and on the application it said out-of-town businesses in lieu of paying on gross could pay $25.00 per vehicle; he would recommend a $25.00 license. There was discussion, TERRY HART, Chief of Police, was present and stated the whole question of what. is being charged is Council's to decide; the fees are immaterial, only the enforcement of the Ordinance. Plan. Dir. Gerschler stated the conversa- tion so far has dealt with fruit vendors; past experience has shown itinerant merchants selling from trucks a wide variety of merchandise -- stuffed dolls, carpets, etc., does Council intend to allow only fruit vendors and not allow the others. Mayor Morgan stated they are concerned about street vendors of all kinds. Plan. Dir. Gerschler stated before a Temporary Use Permit method can go into effect, staff is going to have to bring to Council guidelines on questions such as whether or not a Temporary Use Permit is going to be allowed for a dirt field; or other limitations for practical reasons; if Council were to simply say you can peddle anywhere, he didn't intend that that would happen. Vice Mayor Dalla asked what effect this Ord. would have on that problem; Plan. 7/24/79 220 Dir. Gerschler stated as it reads now they would be eligible for a Temporary Use Permit that would allow them to continue operating for a year unless Council put a time limit or other limitations on the TUP, he would urge Council now to look at the guidelines. FRED PUHN, 425 Shell Avenue, was present and stated one of the features of street vendors is the ability of buying direct from the farmer and cutting costs; there's a benefit to the people to allow low-cost vendors to operate; food is basic to life. Vice Mayor Dalla stated there are several concerns involved here, we are trying to protect the public safety, health and environment; various vendors locate in areas that are unsafe as far as traffic goes; they leave trash and debris around etc., we should also be watching out for those businesses that stay in the City; the problem doesn't seem to be the fee; the motion is too early, we need to deal with other questions before we go ahead. Councilman Van Deventer stated he agreed with that. Moved by Van Deventer, seconded by Waters, we refer this to the Planning Department for more study and come back with more in-depth and break that apart in the items that we're basically talking about from street vendors and produce to the mass of everything else and the location and time limitations and stuff like this. Discussion. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 2, dated July 24, 1979, in the amount of $123,978.49 and WARRANT REGISTER NO. 3, dated July 24, 1979, in the amount of $37,355.85 and PAYROLL for the period ending July 15, 1979 in the amount of $203,955.93 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 The Bonita Affair's request for EXTENSION of the EXPIRATION DATE on the approved TENTATIVE SUBDIVISION MAP (the approved map expires on 8/1/79; the engineer of work is requesting, on behalf of the applicants, that Council grant a one-year extension to the expiration date; on 5/22/79 the Council filed without taking action a similar request for extension of this map; staff recommends this request NOT be approved; the companion Planned Unit Development Permit expired on July 12, 1979; in all condominium project cases, staff recommends that tentative maps not be approved unless accompanied by a valid planned unit development permit) was presented. Plan. Dir. Gerschler stated from an administra- tive standpoint they could live with a limited extension of the map to allow the applicant to refile the planned unit development permit; the City Attorney, on the other hand, has cautioned that the granting of the continuance on the tentative map establishes rights; the property owner could find himself in the position of being able to proceed without a planned unit development permit and that's where the problem is. Moved by Camacho, seconded by Waters, in favor of the City Attorney's recommendation to deny it. MICHAEL ROBERTS, attorney, 3232 5th Avenue, representing the owners of the property, was present and stated the recordation of the final subdivision map has been delayed as a result of significant drainage problems affecting the subject property; water from property owners at higher elevations are flowing unobstructed on the property; the main source of the water is a subdivision that was approved by Council and has been constructed at a higher elevation; this was a problem the applicant was unaware of at the time that he obtained approval of the PUD permit and tentative subdivision map; it has taken a significant amount of time of engineering to resolve the problem; since mid -November of 1978 there have been an on -going discussion between the engineers, the architect, the City and adjacent property owners to solve the problem; they have now resolved the problem from an engineering point of view and have submitted and obtained approval from the City Engineer of the necessary improvement plans; they are now in the process 7/24/79 221 of obtaining the necessary drainage easements to implement the improve- ment plan that has been approved; they have been meeting with adjacent property owners to obtain easements; one of the owners is the PaAcing Authority of the City; they anticipate the necessary easements will be obtained within the next couple of months; due to the additional engineer- ing work that had to be performed, the one year time period for filing the final subdivision map is about to elapse; due to an oversight on the part of the applicant the PUD did elapse last month; the Resolution approving the PUD permit provided that it would not be effective until a subdivision map had been recorded; his client assumed that any time period to run on the PUD permit would not start until the recordation of the final subdivision map; he has reviewed the Resolution and from a lay persons viewpoint that is a reasonable assumption; the applicant didn't sit and let the map elapse; the applicant came before Council in early June prior to expiration of any of these maps of PUD approval and made an application of the time to file a tentative map; he was un- aware at that time that there was any kind of time period running also on the PUD permit; at that time Council tabled the matter telling him to come back if in fact near the time that the tentative map was to expire he was unable to expidite the necessary work needed to accomplish th�,reeording of the final subdivision map; Mr. Debbas, the applicant, -r�ayad on that and continued to work on the drainage easement problem, which wasn't created by him,until just before Council tonight when he has made application for the tentative map and now for the first time that the PUD permit has TTAKed and due to a recommendation of the City Attorney is now going tot the subdivision map which he has worked so long to perfect at considerable expense. Mr. Roberts stated he discussed with the Planning Director today ways of resolving the problem; he indicated that his staff would be willing to recommend that such an extension be granted if the applicant would agree not to record a final subdivision map until an approved PUD permit had been obtained; he has discussed this with the applicants and they are in agreement with this approach and have so notified the Planning Director. Mayor Morgan stated the City Attorney has advised the Council otherwise; unless he can change their minds, he would have to go along with the City Attorney. Mr. Roberts stated there is no legal reason why that extension can't be granted other than for some policy of the City; approval of the tentative map states as a condition that a PUD is required for site development; that is an expressed condition of the tentative map; from his standpoint he can't understand how he could obtain a final map and record it without satisfying this condition; they are willing to satisfy this condition; the lapsing of the PUD permit was in fact something that the applicant had taken care of by this particular motion which was being brought tonight; no one had ever mentioned to him that he had an additonal problem; the approval of the tentative subdivision map has as a condition you have to have a site development permit and they will not develop anything in violation of that condition. Councilman Van Deventer asked the City Attorney if with that condition he still feels the same way. City Attorney McLean stated the Planning Director has brought to his attention that condition and suggested the tentative m is void at this time because the site development permit and planning ddeverse-that Council is talking about has.swed; it is of some concern to him that Council did something that maead-the property owner; if that is true, they don't want to shut the property owner off; he can't recall the particular proceedings or know what was done outside of what is reflected in the staff report; he would be willing to recommend to Council that they extend the tentative map until the next Council meeting of 8/7/79 at which time staff can give them some kind of further report. Moved by Morgan, seconded by Van Deventer, in favor of the City Attorney's recommendation to extend the map to August 7, 1979, at midnight at which time Council meets and has some further report and whatever action to take will take. Discussion. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. 7/24/79 222 OTHER STAFF Planning Director Gerschler stated a draft of the NOISE ORDINANCE has been presented to Council; does Council wish to adopt this August 7th? Moved by Van Deventer, seconded by Camacho, this be put on the Agenda for the first available meeting in August. Mayor Morgan stated he thinks the public should have a say in the adoption of the Ordinance. Planning Director Gerschler stated they would set it for hearing as soon as possible. Planning Director Gerschler stated recently Council had the request from the Las Palmas Park Villas condominium project to substitute attractive decorative ponds for a swimming pool; during the course of the conversa- tion it was pointed out the project was being changed to .one substantially for children; questions were raised by Council as to density, impact on schools, etc.,; it was referred to a Council committee who met with the developer and considered a compromise plan; the developer today brought in a plan complying with what the committee talked about which is essentially limiting the project to a maximum of 25% of the units for children and changing only the center of the pond area for a swimming pool and leaving all of the landscaping and the attractive design exactly as it was on the original plan; if Council wishes to review that plan he can put it on the Agenda for August 7th, Councilman Van Deventer stated he would like to have it put on the Agenda for Council review. MAYOR MAYOR MORGAN discussed the drain on 18th Street; it has been put in and drained back toward the street; he asked the City Manager to check this out and make sure it will work out. MAYOR MORGAN discussed the dirt on Palm Avenue south of Plaza Blvd., the building on top of the hill that comes down, people canft walk on the sidewalk area. MAYOR MORGAN asked Robert Onley to proceed with grading on Fig Court - 1911 Act proceedings. Mr. Onley stated he has directed them to proceed at this time. CITY COUNCIL COUNCILMAN CAMACHO stated a letter had been received from Diamond Cab Company in regards to their increased rates. City Attorney McLean stated the City does not fix rates; the letter was for information only. COUNCILMAN WATERS stated he is a member of the Disaster Commission of San Diego County and would like input from Council as far as what needs to be done for disaster preparedness. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:17 p.m. ACTING CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved August 7, 1979. El Corrections 8/21/79 Page 221: Line 22 - we1ayed- relied Line 26 - egfeet- effect Line 51 - devise- device Line 53 - mislead- misled No corrections CITY OF NATIONAL CITY, CALIFORNIA 7/24/79