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HomeMy WebLinkAbout1978 10-17 CC MIN14 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 17, 1978 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 (Late); 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 the Rev. Larry Beardsley, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of October 101 1978 be approved. Carried by unanimous vote. Absent: Dalla. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed PROCLAMATION, "UNITED NATIONS DAY", October 24, 1978, was read. Moved by Camacho, seconded by Van Deventer, the Proclamation be approved. Carried by unanimous vote. Absent: Dalla. Mayor Morgan presented the proclamation to Charles Jones, member of the United Nations Association. STEVE SACHS, Sr. Regional Planner, CPO, was present and spoke on Regional Energy Plan for the San Diego area. Discussion. Moved by Van Deventer, seconded by Camacho, the resolution be presented by title only. Carried by unanimous vote. Absent: Dalla. Resolution No. 12,875, "AFFIRMING THE REGIONAL ENERGY PLAN POLICIES AND DIRECTING LOCAL STAFFS TO REVIEW THE ACTION PROGRAMS CONTAINED IN THE PLAN AND TO RECOMMEND THOSE THAT SHOULD BE IMPLEMENTED IN THEIR JURISDICTION." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,875 be adopted. Carried by unanimous vote. Absent: Dalla. PUBLIC ORAL COMMUNICATIONS - None. PUBLIC HEARINGS The WEED ABATEMENT PROGRAM 1978 HEARING was held at this time. The City Clerk reported notices of the hearing, copies of Ordinance No. 1155, and bills were sent to the 17 property owners whose properties were cleaned; 13 are unpaid at this time. Fire Chief Wright was present and reported the 1978 Weed Abatement Program was directed by the Fire Marshal and implemented by the Weed Abatement Officer; approximately 520 property owners were contacted regarding fire hazards on their property; 17 lots were cle3by the contractor; contractor expense, $1973, Administrative expense', for a total of $2092. Councilman Waters asked about weeds in the area of Ridgeway Drive. The Fire Chief responded they had no complaints from the area. HELEN ERICKSON, 2447 Ridgeway Drive, was present and said she had complained and would like something done. No one else was present in this regard. Moved by Waters, seconded by Camacho, these assessments be collected and referred to the County Tax Collector for collection or put on the tax roll. Carried by unanimous vote. Absent: Dalla. 10/17/78 14.1 PUBLIC HEARINGS (Note: This was the second public hearing before the City Council on October 17, 1978, and should immediately follow the Weed Abatement Hearing on page 14 of the City Council minutes of October 17, 1978.) The CONTINUED HEARING on proposed ZONE CHANGE to rezone from RM-1-D-10 to RS-2-D-10 the properties on PROSPECT STREET, EUCLID AVENUE and RIDGEWAY DRIVE, Z-11-78 (Planning Commission recommended approval of the zone change) was held at this time. The Planning Director said he had nothing to add to his comments at the previous meeting. HELEN ERICKSON, 2447, Ridgeway Drive, was present and filed a petition signed by six property owners within the proposed change which stated: "We the people and owners of properties of proposed zone change Z-11-78, to rezone from RM-1-D-10 to RS-2-D-10 reject this new zoning & petition against the change. We will conform to more dwelling for our land that has no buildings on as yet..." Discussion. Moved by Waters, seconded by Van Deventer, the public hearing be closed and the proposed zone change Z-11-78 be referred back to the Planning Commission for consideration of RT-2 zoning. Carried by unanimous vote. Absent: Dalla. 10/17/78 15 The CONTINUED HEARING on APPEAL of Planning Commission's_ DENIAL of application for zone variance to allow a masonry barbecue structure and freestanding shade canopy within the required 20' front yard setback at 3334 Newberry Street (Z-12-78) was held at this time. The Planning Director stated the hearing was continued to allow Council opportunity to view the site. Mayor Morgan said he had not looked at the site. WAYNE DEUEL, 3334 Newberry Street, was present and said he had stated his case last week; he would answer any questions. No one else was present in this regard. Discussion. Moved by Waters, seconded by Camacho, the public hearing be closed and the recommendation of the Planning Commission to deny be overruled and the masonry structure barbecue and patio roof be approved. Motion failed, by the following vote, to -wit: Ayes: Camacho, Waters. Nays: Van Deventer4 Abstaining: Morgan. Absent: Dalla. The City AttornOy ruled that as Council does not have a policy on how to count abstentions, the motion would not carry unless a majority of the Council (in this case, three) voted in favor. The HEARING of APPEAL of Planning Commission approval of proposed zone variance to allow DIVISION OF PROPERTY that will create a lot with 20' of frontage in lieu of the required 50' on the west side of Cagle Street between Stockman Street and Freeway 54 (Z-14-78) and The HEARING on APPEAL of Planning Commission approval of conditional use permit to allow DEVELOPMENT OF TWO DETACHED SINGLE FAMILY DWELLINGS (one each parcel) on the west side of Cagle Street between Stockman Street and Freeway 54 (CUP 1978-18) were held at this time. The City Clerk reported the Certificates of Publication and Affidavits of Mailing for both hearings were on file. Planning Director Gerschler said these hearings were appealed by Council; Planning Commission approved both the zone variance and conditional use permit; staff concurred with the Commission; review of the records show that when the City sold the property, it was sold for single family purposes. FLOYD BRIDGES, 847 Buentiempo, Chula Vista, owner of the property was present and said he had the ad that was run in the paper; it says "excellent large lot on Cagle Street;" he didn't see anything in the ad that said single family; the lot contained 21,666 sq. ft. which was more than enough for two lots. Vice Mayor Camacho said it says "R-1", but it didn't say it couldn't be divided. JOEL SIMPSON, 3325 Stockman St., was present and said if he had thought there could be two houses on the property, he would have bid for it; he and a lot of his neighbors did not want this. GARY HAYE, Civil Engineer, Biggs Engineering Co., was present and offered to answer any uestions on behalf of his client, Mr. Bridges. In answer to a questio from Mayor Morgan regarding the property being advertised as R-1, Mr. Hayes replied the zoning did not limit the size of the lots. ABEL RAM REZ, 3809 Stockman Street, was present and opposed two houses on the property. Discussion. The following were present and spoke in favor of the lot split and conditional use permit: EDWARD CASE, 426 24th Street; DAVE CAYTON, 3316 Cagle Street, SANDRA CAMPBELL, 3236 Cagle Street. SHARON BRIDGES, co-owner of the property, was present and said it was their intention to build two nice houses and to live in one; they wanted to be closer to their business in National City. ALEJANDRA RODRIGUEZ, 3735 Cagle Street, was present and sale. if she and her husband had known the property could be split, they would have bid on it as an investment. Discussion. Moved by Camacho, seconded by Waters, in favor of the Planning Commission's recommendations on the zone variance and lot split and the public hearingsbe closed. Planning Director Gerschler said the conditional use permit is for a single story building; he would recommend the motion include the build- ing be limited to one story. Councilman Van Deventer said the lots were adequate; if the single story was required he would be in favor of the motion. Mayor Morgan said it was advertised as R-1, he was not sure it was fair to the other bidders or to the City. Motion carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: Morgan. Absent: Dalla. MAYOR MORGAN announced the County Board of Supervisors approved the shopping center and the MAY COMPANY PROJECT will be underway; it will be the finest thing the City has ever had; and thanked Council and Staff for their efforts. 10/17/78 16 HEARING on the EXTENSION OF INTERIM ORDINANCE NO. 1605 (prohibiting the uses [new] "Adult Motion Picture Theatres", "Adult Book Stores" and "Adult Newsracks" throughout the City) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler said Staff's recommendation was to extend the ordinance. Moved by Van Deventer, seconded by Camacho, the hearing be closed and staff's recommendation be approved. Carried by unanimous vote. Absent: Dalla. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be presented by title only. Carried by unanimous vote. Absent: Dalia. Resolution No. 12,863, "AUTHORIZING EXECUTION OF CALTRANS MASTER AGREE- MENT BETWEEN THE CITY, COUNTY AND STATE 1'O ALLOW FEDERAL FUNDING OF AUTHORIZED LOCAL TRANSPORTATION FACILITIES." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,863 be adopted. Carried by unanimous vote. Absent: Dalla. Resolution No. 12,864, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING (Juan Antonio and Isabel Ochoa, 310 E. 27th Street.)" Moved by Van Deventer, seconded by Camacho, Resolution No. 12,864 be adopted. Carried by unanimous vote. Absent: Dalia. Resolution No. 12,865, "ADOPTING PLANS AND SPECIFICATIONS (Alley between National City Blvd. to 2nd St. to Roosevelt Ave., Assessment District No. 198.)" Moved by Waters, seconded by Van Deventer, Resolution No. 12,865 be adopted. Carried by unanimous vote. Absent: Dalla. Resolution No. 12,866, "ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Alley between National City Blvd. to 2nd St. to Roosevelt Ave„ Assessment District No. 198.)" Moved by Camacho, seconded by Van Deventer, Resolution No. 12,866 be adopted. Carried by unanimous vote. Absent: Dalla. Resolution No. 12,867, "RESOLUTION OF INTENTION (Alley between National City Blvd. to 2nd St. to Roosevelt Ave., Assessment District No. 198)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,867 be adopted. Carried by unanimous vote. Absent: Dalla. Resolution No. 12,868, "AUTHORIZING THE COMMUNITY DEVELOPMENT COMMISSION TO APPLY, ON BEHALF OF THE CITY, TO THE CALIFORNIA HOUSING FINANCE AGENCY FOR PARTICIPATION BY THE CITY IN A HOME OWNERSHIP AND HOME IMPROVEMENT LOAN PROGRAM." Moved by Van Deventer, seconded by Camacho, Resolution No. 121868 be adopted. Carried by unanimous vote. Absent: Dalla. Resolution No. 12,869, "AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO THE COMMUNITY DEVELOPMENT COMMISSION." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,869 be adopted. Discussion. Carried by unanimous vote. Absent: Dalla. Resolution No. 12,870, "APPROVING A SMALL CITIES GRANT PROGRAM." (8:40 p.m. Councilman Dalla arrived and took his place at the meeting.) Moved by Van Deventer, seconded by Camacho, Resolution No. 12,870 be adopted. Carried by unanimous vote. Resolution No. 12,871, "RESOLUTION OF AWARD OF CONTRACT (Furnish and apply asphalt concrete materials, Bid Item A, Spec. No. 886 - V.R. Dennis Construction Co. Amount: $224,350.)" The City Clerk reported the results of the bid opening on October 11: Asphalt, Inc., $301,911.00; V.R. Dennis Construction Co., $224,350.00; Griffith Company, $251,913.00; Daley Corporation, $237,170.00. Moved by Camacho, seconded by Van Deventer, Resolution No. 12,871 be adopted. Carried by unanimous vote. 10/17/78 17 Resolution No. 12,372, "RESOLUTION OF AWARD OF CONTRACT (Furnish asphalt concrete materials, Bid Items 1, 2, 3 & 4, Spec. No. 886 - Daley Corporation Amount: $12,200)." The City Clerk repotted the results of the bid opening on October 11: Asphalt, Inc., $13,400.00; Griffith Company, $15,070.00; Daley Corporation, $12,200.00, Moved by Waters, seconded by Camacho, Resolution No. 12,872 be adopted. Carried by unanimous vote. Resolution No. 12,873, "RESOLUTION OF AWARD OF CONTRACT ('I' Ave. between 24th St. and 26th St., Assessment District No. 191 - Spec. No. 877 - T.B. Penick & Sons. Amount: $42,765.43.)" The City Clerk reported the results of opening of sealed bids Octobex 11: Griffith Company, $50,943.75; T.B. Penick & Sons, Inc., $430765.48. Moved by Camachb, seconded by Van Deventer, Resolution No;,: 12,873 be adapted. Carded, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 12,874, "AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR IMPROVEMENT OF 'I' AVE, 24TH ST. TO 26TH ST., ASSESSMENT DISTRICT NO. 191." Moved by Waters, seconded by Camacho, Resolution No. 12,874 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes:' Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 12,875 (See page 14) ORDINANCES FOR INTRODUCTION Moved by Camacho, seconded by Van Deventer, the ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 10/17/78-1,"Pursuant to Land Use Code (ZC-25-78, to rezone from RT and CG to ML the vacant parcel to the rear of properties at 3117, 3131, and 3143 "F" Ave. [Assessor's Parcel 562-290-401])." ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1641 (18/18/?8-1), "PURSUANT TO LAND USE CODE (ZC-12A-78, to rezone from RM-1-D-15 to RS-2-D-10 the north side of loth St. 1627 through 1745 inclusive, and including the southerly 91' of the vacant parcel between 1719 and 1745 loth St.)" Moved by Camacho, seconded by Waters, Ordinance No. 1641 (18/19/fig-I,) be adopted. Carried by unanimous vote. Ordinance No. 1642 (18//8/78-2), "PURSUANT TO LAND USE CODE (ZC-12B- 78, to rezone from RM-1-D-30 to RS-2-D-10 the properties fronting on the east side of Palm Ave., 1405 through 1524 inclusive, and the lot at 1615 16th Street.)" Moved by Camacho, seconded by Van Deventer, Ordinance No. 1642 (19/18/gg-2) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasuer/Finance Director's request for ratification of WARRANT REGISTER NO. 14, dated October 17, 1973 (Warrants Nos. 63211 through 63239) in the amount of $147,926.24 was presented. Moved by Camacho, seconded by Van Deventer, the warrants be drawn and the bills paid. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The Purchasing Division, General Services Department, recommendation the bid for SENIOR CITIZEN 15-PASSENGER VAN,GS 7879-1, be awarded to Aztec Chrysler -Plymouth, Inc. in the amount of $3,736.92 (Budgeted 1978-79 - Revenue Sharing - Fund 22) was presented. Moved by Van Deventer, seconded by Camacho, in favor of General Services 7879-1. Carried by unanimous vote. 10/17/78 18 Moved by Van Deventer, seconded by Camacho, that since $10,000 was budgeted for the van, the City Manager take the difference (approximately $1,300) and come up with another $300 for Meals on Wheels. Carried by unanimous vote. The Director of Public Works' recommendation to approve COOPERATIVE DRAIN PROJECT, 1100 block between "B" and "C" Aves (Two property owners in the 1100 block of 'rB" Ave. have petitioned the Council to cooperate on an underground drain system to provide for storm drainage for low- lying pertions of this block; the property owners offer to construct a catch basin and provide approximately 500 feet of drain pipe, estimated to cost $6,000, and ask the Council to authorize installation of the pipe; installation costs are estimated to be $10,000. One of the owners has plans for residential units in the area; construction of the entire drain system to some 350 ft. offsite appears to be an inordinate obligation for this property owner. An alternate to the proposal by the property owners is for the City to provide the drain pipe c$4,000 estimated cost] as its contribution.) was presented. Discussion. Moved by Dalla, seconded by Van Deventer, in favor of the drain pipe only ($4,000).) Carried by unanimous vote. The application for transfer of Type 42, ON -SALE BEER AND WINE LICENSE, by James F. Pettijohn, GALLOPIN INN, 2325-29 Highland Avenue was presented. Moved by Camacho, seconded by Waters, in favor of the transfer. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS PLANNING The report of Planning Commission on appeal of Planning Commission denial of application for planned development permit to construct a detached single-family dwelling at the rear of 1019 E. 18th Street (Cornelio Evangelista - PD 105) was presented. Planning Director Gerschler reported the plans were originally denied by the Planning Commission and an appeal made to Council; Council sent it back to the Planning Commission; what is before Council is a revised plan; staff recommended, if approved, five specific conditions be attached; the Planning Commission recommended against it. Moved by Waters, seconded by Camacho, to approve this dwelling at 1019 E. 18th St. and the five conditions and whatever is necessary be applied. A representative of the Del Sol Construction Co. was present and said he concurred with the motion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters. Nays: Morgan. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 85-78, denying application for zone variance to allow addition to an existing dwelling that will be 6' from the rear property line at 2627 E. 3rd St. (Z-17-78) was presented. No action was taken. Planning Commission Resolution No. 86-78, approving an application for conditional use permit to allow a DANCE STUDIO on property located at 3403 Plaza Boulevard (CUP 1978-24) was presented. EDGAR REECE, 1424 Hilltop Dr., Apt. 3, Chula Vista, applicant was present to answer questions. Discussion. Planning Director Gerschler said one of the conditions was that the "use will be conducted in a manner preventing the emission of any noise audible at the exterior of the building;" the Planning Commission will regulaV i.t. No action taken. CITY MANAGER The City Manager requested a Real Estate Committee meeting at 4:00 p.m., October 18, 1978 in regard to property at 1-805 and Plaza Boulevard. Mayor Morgan called a meeting of the Real Estate Committee at 4:00 p.m., October 18. 10/17/78 19 City Manager Gill requested minute order authorizing the City Manager to execute an agreement with the California Department of Justice, under provision of the California Witness Protection Program, regarding witness number 37P9001. Moved by Van Deventer, seconded by Camacho, in favor. Carried by unanimous vote. COUNCILMAN WATERS asked the City Manager how he was doing with the city automobiles. City Manager Gill replied he received a report this date from the Equipment Division, signed by Dale Hoffland, and also last night from a Supervisor from the City of San Diego; he would be meeting tomorrow with the Association to resolve this matter; there appears to be no serious problem. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR MAYOR MORGAN reported he has been discussing Architectural Controls with the Planning Director who seems to think the best way to get some sort of control would be if he could have someone come in a half -day. CITY COUNCIL Vice Mayor Camacho said the City paved the VFW parking lot and they are happy about it; the City should stripe the lot for them; the City Engineer's staff should get on the job. Councilman Van Deventer requested various CPO matters be scheduled for the November 7 Agenda, saying if the City and CPO did not move on tnem the items will be mandated by the state. MAYOR MORGAN called a recess at 9:10 p.m. in order to hold the Community Development Commission meeting, The City Council reconvened at 9:25 p.m. Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Mayor Morgan called an executive session at 9:26 p.m. The City Council reconvened at 10:05 p.m. Council members present: Camacho, Dalla, Van Deventer. Absent: Waters, Morgan. The City Attorney requested the record show that the executive session was for the purpose of discussing personnel matters. Moved by Van Deventer, seconded by Dalla, the meeting be closed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: None. Absent: Waters, Morgan. The meeting closed at 10:06 p.m. CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA 1' The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of October 24, 1978, ElCorrections rrections MAYO CITY OF NATIONAL CITY, CALIFORNIA 10/17/78