Loading...
HomeMy WebLinkAbout1979 09-04 CC MIN243 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 4, 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. Allen Sackett, Chaplain, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camac meeting of seconded by Van Deventer, the minutes of the regular 28, 1979, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "NATIONAL EXECUTIVE HOUSEKEEPER'S WEEK," September 9-15, 1979. Moved by Camacho, seconded by Van Deventer, for the adoption of this proclamation. Carried by unanimous vote. Proclamation was presented to Carol Foster. City Clerk Campbell read the Mayor's proposed proclamation "UNITED NATIONS' WORLD LITERACY DAY," September 8, 1979. Moved by Van Deventer, seconded by Dalla, for the adoption of this proclamation. Carried by unanimous vote. Proclamation was presented to Altrusa Club representa- tive, Virginia Lightner. PUBLIC ORAL COMMUNICATIONS MAYOR MORGAN reported the people on "I" Avenue want the City to go ahead with a 1911 Act; Fritz & Bowers bought across the street and they rent out some garages; everyone between 18th & 19th on the east side of "I" Avenue that face the alley signed for a 1911 Act; these units across the alley that they rent out to other people, they won't sign it. Robert Onley, Staff Assistant, pointed the area in question on a map. City Engineer Hoffland said the City would have to get easements along one or two property lines there from the property owners to complete a public drainage project as part of the 1911 Act; with the easements and a City -initiated 1911 Act, we could do the alley and the drainage as one project. Discussion. Moved by Morgan, seconded by Waters, Council instigate 1911 Act, prepare plans and specifications for 1911 Act for the alley in "I" Avenue to 18th & 19th St. and the drainage. (amended motion) Carried by unanimous vote, DONALD CULVER, 1845 "I" Avenue, was present and requested clarification on the drain, open or covered drain. City Engineer Hoffland stated it has not been decided, ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions and Ordinances be read by title only. Carried by unanimous vote. Resolution No. 13,121, "RESOLUTION DENYING APPLICATION FOR PLANNED DEVELOPMENT PERMIT TO MODIFY AND/OR DELETE CONDITIONS IMPOSED UPON THE GRANTING OF PLANNING COMMISSION RESOLUTION NO. 123, AT 2230 THROUGH 2244 EUCLID AVENUE (PD-11-79)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,121 be adopted. Carried by unanimous vote, 9/4/79 244 Resolution No. 13,122, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF. (802 East 24th Street - Lacsina)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,122 be adopted. Carried by unanimous vote. Resolution No. 13,123, "RESOLUTION APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS, KIMBALL PARK PROJECT (Phase III A)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,123 be adopted. Carried by unanimous vote. Resolution No. 13,124, "RESOLUTION CALLING FOR A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF UNDERGROUND UTILITY DISTRICT ON 14TH STREET, BETWEEN "B" AVENUE AND "D" AVENUE, DISTRICT NO. 11." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,124 be adopted. Carried by unanimous vote. Resolution No. 13,125, "RESOLUTION CALLING FOR A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF UNDERGROUND UTILITY DISTRICT ON 12TH STREET FROM "A" AVENUE TO "D" AVENUE AND ALSO ON "B" STREET FROM 12TH STREET TO 14TH STREET IN KIMBALL PARK, DISTRICT' NO. 12." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,125 be adopted. Carried by unanimous vote. Resolution No. 13,126, (See page no. 245, paragraph no. 1). Resolution No. 13,127, "RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT TO AGREEMENT FOR COMPREHENSIVE PLANNING ORGANIZATION. Moved by Van Deventer, seconded by Camacho, Resolution No. 13,127 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters, Morgan. Absent: None. Abstaining: None. Resolution No. 13,128, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FIXING AND ADOPTING THE TAX RATE FOR THE 1979-80 FISCAL YEAR." Moved by Waters, seconded by Camacho, Resolution No. 13,138 be adopted. Carried by unanimous vote. PUBLIC HEARINGS CONTINUED HEARING ON APPEAL OF CONDITION (CONCRETE DRAINAGE CHANNEL imposed by the Planning Commission) by the developer of 64 condominium units at 3208 East 8th Street, CUP 1979-3, was held at this time. The City Clerk reported the developer wished to withdraw his appeal. City Attorney McLean recommended Council act to dismiss the appeal and close the hearing. The issue of 64 units having been approved on the basis of including the square footage of a "private road", omitting the "privat( road", the density would allow only 55 units was discussed. SAM KING, 826 Olive, was present and protested the allowing of 64 units. The City Attorney explained that was not the issue before Council; the 64 units had been approved; the issue was the drainage ditch; the density complied with the law. Planning Director Gerschler stated computation for the number of units allowed the inclusion of private driveways; this was not a "private road" but a private driveway; the overall plan shows more open space than our ordinance requires. Moved by Camacho, seconded by Morgan, the hearing be closed, the application for CUP 1979-3 be allowed and the appeal dismissed. Vice Mayor Dalla inquired if the property owners had appeared at the Planning Commission hearing to oppose the density and was advised that they had. Motion carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dallas CONTINUED HEARING ON ASSESSMENT ROLL 196, 1911 Act Improvement of Alley between 20th and 21st Streets, "A" and "B" Avenues was held at this time. City Engineer Hoffland reported two property owners protested at the hearing last week; one complained that concrete was splashed on her fence; the contractor will scrape the fence and repaint; the other related to a driveway; he drove the city car over it and it cleared, he then drove an older oar over it and it scraped in reverse; the owner was 9/4/79 J 245 not there; he will return and have the owner drive his car over the driveway. The City Engineer recommended the hearing be closed and the assessment roll confirmed. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed on 196 and the assessment confirmed. Carried by unanimous vote. Moved by Camacho, seconded by Van Deventer, the resolution be presented by title only. Carried by unanimous vote. Resolution No. 13,126, "RESOLUTION CONFIRMING ASSESSMENT, ALLEY BETWEEN "A" AVENUE TO "B" AVENUE AND BETWEEN 2OTH STREET TO 21ST STREET, ASSESS- MENT DISTRICT NO. 196." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,126 be adopted. Carried by unanimous vote. HEARING ON THE CITY COUNCILS APPEAL OF PLANNING COMMISSION RESOLUTION NO. 58-79, resolution approving application for Planned Development Permit to allow development of a single -story duplex and alteration of an existing single-family dwelling on property located at 630 "Q" Avenue (PD-6-79) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler reported the planned development permit was approved by the Planning Commission and appealed by the City Council; since that time Ordinance No. 1690 was adopted; if Council's appeal is sustained, the project would have to be redesigned. AMADOR QUINTANILLA, 1846 Olive Ave., San Diego, applicant and owner of the property was present and asked what Council wanted him to do; they had come to agreement; he had first applied for a triplex and changed to a duplex as Council required. Mayor Morgan explained that Ordinance No. 1690 would allow only one more unit on the property. Discussion. Moved by Morgan, seconded by Van Deventer, to close the public hearing and recommend one additional unit only on the property. Discussion. The City Attorney advised that Council did not make any provision for e exempting plans "in the works" when they adopted Ordinance No. 1690; it is not subject to any interpretation; this is in direct conflict to the ordinance; if Council wishes, Council has the power to change the law. Moved by Waters, to approve his project. City Attorney McLean advised that would require amendment to City law. Discussion. Motion carried by unanimous vote. HEARING ON CITY COUNCIL'S APPEAL OF PLANNING COMMISSION RESOLUTION NO. 59-79, Resolution approving an application for Planned Development Permit to allow development of a 14-unit condominium project on property located at 225 East 26 Street (PD-10-79) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler reported the project as designed could not comply with Ordinance 1690; 3 additional parking spaces are required. PETER HILL, H&F Development, Inc., was present and said his small corporation has designed the project three times; they were caught in the middle of the moratorium; if they revised, they would lose valuable open space, namely the childrens' play area; they have gone from 14 to 12 units; he was present to answer questions and ask for approval. Discussion. DAN FINCH, also of H&F Development, Inc. was present and displayed later plans of the project than those before Council. Further discussion. Moved by Van Deventer, seconded by Camacho, to continue the hearing one more week to allow the Planning Director to work with the develo ers. Carried by unanimous vote. ORDINANCES FOR ADOPTION (See Page no. 243, paragraph no. 8). Ordinance No. 1697 (8/14/79-1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING TITLE 12 TO THE MUNICIPAL CODE RELATING TO THE CONTROL OF NOISE." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1697 (8/14/79-1) be adopted. Carried by unanimous vote. Ordinance No. 1698 (8/28/49-1), "AN ORDINANCE AUTHORIZING ARREST POWERS FOR CERTAIN PUBLIC OFFICERS OR EMPLOYEES." Moved by Waters, seconded by Camacho, Ordinance No. 1698 (8/28/79-4) be adopted. Carried by unanimous vote. 9/4/79 246 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 9, in the amount of $81,243.45 (Warrants Nos. 65922 through 65986) was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. APPLICATION FOR PERSON TRANSFER, OFF -SALE BEER AND WINE LICENSE, Type 20, of Basim Younan and Joseph Younan, dba FARMER'S DISCOUNT STORE, 1535 East 18th Street, was presented. Moved by Waters, seconded by Camacho, to approve. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. APPLICATION FOR PREMISES TO PREMISES TRANSFER, OFF -SALE GENERAL LICENSES Type 41, of Carl A. and Christine O. Chase, dba RANCH HOUSE LIQUOR, 404 Palm Avenue, was presented. Moved by Waters, seconded by Camacho, to approve. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Request of JENO BUGEL, Bugel's Cab Company, to operate a cab in the City and the City Manager's recommendation the matter be set for public hearing in accordance with the provisions of Ordinance No. 1165, were presented. Moved by Waters, seconded by Camacho, in favor of the City Clerk's recommendation (hearing September 18, 1979). Carried by unanimous vote. The City Engineer's recommendation to DENY EXEMPTION from requirements to INSTALL STREET IMPROVEMENTS ON TIDELANDS AVENUE, 28th Street and 24th Street, BOISE-CASCADE CORP. (the parcel of land bounded by Tidelands, 24th, 28th and Quay Avenue is within the City, owned by the Port District and leased to Boise -Cascade Corp. Boise -Cascade has applied for a building permit to make substantial internal alterations to an existing building. Under Ordinance 1491 the property owner is responsible to construct up to 10% of the building permit valuation in curbs, gutters, sidewalks and street paving. In this case, the building permit is $250,000 which requires $25,000 in sidewalks. As the plans call for extensive landscaping, when coupled with the sidewalk, it would, of course, exceed 10% of the building valuation. In addition, Boise -Cascade wishes to install improvements across the street from the parcel on which the building lies.) was presented. The City Engineer explained the property owner has applied for exemption, the case is unique, and although he could find no conditions under Ordinance No. 1491 to recommenc approval, he could support the concept of constructing the improvements on a different parcel under the Same ownership. JAMES BIRD, Architect, representing Boise -Cascade, was present and said he had sent a copy of the application to each member of Council; he agreed with the City Engineer; he could find no way to grant the exemption; Boise -Cascade is merely remodeling the interior of their existing building which requires 10% street improvements; they were concerned that if they met the obligation of 10% and then installed landscaping behind the sidewalks that would be another $70,000. Mr. Bird said what they propose is to spend 25 000 extending the :sidewalk and landscaping along the east side of Tidelands Avenue to 24th Street and would be willing to extend the sidewalk east along 24th Street the length of theiLproperty; they believed this would be in the best interest of the public and would provide continuous sidewalk from 24th and Harbison, west to Tidelands Avenue and south to 32nd Street and the Boat Launching Facility; their remodeling is on the west side of Tidelands and they are proposing improvements on the east side; it is their belief that is is logical to complete the improvements the full length of Tidelands Avenue along the east side. Discussion. Moved by Camacho, seconded by Waters, we allow them to fix it to the amount of 25 000 as outlined by Mr. Bird). In answer to Councilman Water's question "Would the ordinance have to be changed to do this?" City Attorney McLean said there was an area of discretion in this ordinance; zoning ordinances (on the other hand) are not open to discretion. Motion carried by unanimous vote. WRITTEN COMMUNICATIONS A written communication from CPO recommending a change of name from 9/4/79 247 Comprehensive Planning Organization to SAN DIEGO COUNCIL OF GOVERNMENTS (SANCOG) and the addition of ex-officio members to the Board and the Assistant City Manager's recommendation Council adopt a resolution authorizing the Mayor to execute third amendment to a joint powers agreement for the CPO (See Resolution No. 13,127 on page 244) was presented. Moved by Van Deventer, seconded by Camacho, in favor. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. The request of JOSEPH GALLEGOS for a ONE YEAR EXTENSION OF TIME (ending August 29, 1980) for INSTALLATION OF SIDEWALK adjacent to 1243 East Second St. (Laurel St, side) and the City Engineer's recommendation that he apply for a homeowner's permit (requiring $100 to guarantee crafts- man -like work) which would allow him 6 months for completion of the work were presented. Moved by Waters, seconded by Camacho, in favor of Mr. Gallegos' request (one year extension). Carried by unanimous vote. OTHER BUSINESS (PLANNING) AMENDMENTS to Appendix "D" of the Land Use Code (A-9-79) were presented. Moved by Dalla, seconded by Waters, they be approved. Carried by unanimous vote. AMENDMENTS to Appendix "D" of the Land Use Code (A-10-79) were presented. Moved by Dalia, seconded by Waters, they be approved. Carried by unanimous vote. PLANNING COMMISSION (NOTICES OF DECISION) Planning Commission Resolution No. 62-79, "Denying an application for zone variance to allow a lot within the proposed Shell Manor II Sub- division with 13 feet of street frontage in lieu of the required 50 feet on property located on the south side of Capella Street, east of Mariposa Place (Z-3-79)," was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 63-79, "Approving an application for. Planned Unit Development Permit to allow development of 17 condominium units on property located within the 2300 block of Euclid Avenue (PD-3 -79)," was presented. Council expressed concern over the 12:1 slope proposed, rather than 2:1. DAN BIGGS, Civil Engineer, was present representing the developer, the height would exceed 10' and might require a retaining wall in the rear of the units, or Council might require that they do more than minimal landscaping. Discussion. Planning Director Gerschler said the Planning Commission approved the 12:1 slope. Mr. Biggs said they were in accord with the Planning Commission; they felt the slope was reasonable; they would like to have Council approval tonight. Discussion. Moved by Van Deventer, seconded by Morgan, to hold this over for one week. Further discussion. Planning Director Gerschler said if the motion carried, he would get together with Mr. Biggs to work on additional landscaping. Motion carried by unanimous vote. Planning Commission Resolution No. 64-79, "Denying an application for Planned Development Permit to allow development of a two-story duplex on property located at 1834 "K" Avenue (PD-8-79)," was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 65-9, "Approving an application for zone variance to allow an automotive tuneup facility on property contain- ing less than 15,000 sq. ft. on property located at 333 Highland Avenue (Z-10-79)," was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 66-79, "Approving an application for zone variance to allow installation of an off -premise identification sign on property located at 1860 Sweetwater Road (Z-15-79)," was presented. Ordered filed by unanimous vote. 9/4/79 248 CITY MANAGER City Manager McCabe reported SB 534 had passed both houses and was on the Governor's desk for signature; the bill would allow appointment of persons who were formerly elected officials to the Board of MTDB and asked for Council direction. No action taken, CITY ATTORNEY - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN WATERS inquired about "N" Avenue, asking if the property owners were pleased with Council's action of last week. City Engineer Hoffland said the people seemed to be pleased; it will take a bit more work. COUNCILMAN CAMACHO asked City Manager McCabe when Council could expect a Police Department report on the problems on Highland Avenue, could it be next Tuesday, he would appreciate it if someone came next week. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:53 p.m. CITY CLE 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 September 11, 1979. DCorrections o corrections OR CITY OF NATIONAL CITY, CALIFORNIA 9/4/79 Add,as the second paragraph, page 248: OTHER STAFF Assistant City Manager Ballard spoke in regard to a van for the Girls Club and requested authorization for the City's Purchasing Division to assist the Girls Club and to solicit bids for the Girls Club. Moved by Camacho, seconded by Van Deventer, Mr. Bal- lard be given that permission. Carried by unanimous vote.