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HomeMy WebLinkAbout1978 11-28 CC MIN44 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 28, 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, Dallas 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. Earl Rod Barr, First United Methodist Church. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of Rick Hoffman to the Building & Housing Advisory and Appeals Board was presented. Moved by Camacho, seconded by Waters, in favor of the Mayor's recommendation of Rick Hoffman. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS JEFF GARLAND, attorney at law, 1111 Elm Street, was present and asked to speak on Item 14; the same item is on the Agenda in Chula Vista and he wanted to speak at their meeting. Mr. Garland was advised he would have plenty of time to make the meeting. MARY GROSS', 1846 E. Ninth St., was present and stated she had started proceedings for a 1911 Act improvement on Ninth and would like to know when it will be scheduled. City Engineer Hoffland said the petition as presented had signatures of 47% of the owners; a 1931 Act Debt Limitation Hearing is required and will be scheduled. City Engineer Hoffland said he would contact Mrs. Grossi regarding this matter. MR VEGA, 447 Ninth St„ was present and requested either the City of the water company put a meter in across the street from his house. City Engineer Hoffland was directed to contact Mr. Vega regarding this prob- lem. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,921, "VACATION OF THE NORTH -SOUTH ALLEY LOCATED BETWEEN "C" AND "D" AVENUES, SOUTH OF 27TH STREET." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,921 be adopted. Carried by unanimous vote. Resolution No. 12,922, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF HARDING AVENUE BETWEEN 2OTH AND 22ND STREETS, AND PORTIONS OF 21ST STREET BETWEEN WILSON AND HARDING AVENUES (SC-8-78)." Moved by Van Deventer, seconded by Camacho, Resolution No, 12,922 be adopted. Carried by unanimous vote. Resolution No. 12,923, "A RESOLUTION OF THE CITY OF NATIONAL CITY REGARD- ING THE LOCATION OF THE SOUTHERN CALIFORNIA URBAN RESOURCE RECOVERY PLANT." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,923 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalh, Waters. 11/28/78 45 Item 13, Director of Public Works' recommendation to approve Change Order 5 to contract with T.B. Penick & Sons for Kimball Zoo and Tot Lot (this Change Order assesses liquidated damages of $2,600 and adds 40 days of landscape maintenance to the contract at a cost of $2,600) was presented. City Engineer Hoffland stated this Change Order provides for a time extension, assesses liquidated damages for 26 days and provides for the contractor to do landscape maintenance beyond the actual acceptance date; the date recommended for acceptance of the project is November 8th. Moved by Dalla, seconded by Camacho, Item 13 be approved. Discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Van Deventer, Waters. Resolution No. 12,924, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Improvement of Kimball Park Turf Area, Tot Lot and Animal Shelter, Specification No. 867)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,924 be adopted. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on RESOLUTION OF INTENTION NO. 12,859, alley between 2nd and 3rd Streets and "D" and "E" Avenues, Assessment District No. 197 was held at this time. City Clerk Campbell reported no written protests had been received and the Certificate of Publication and Affidavit of Mailing were on file. ROBERT ONLEY, Civil Engineer Associate, was present and displayed a map which outlined the exterior boundary of the District and the alley which they are proposing to improve. Mr. Onley stated the total estimated cost of construction is $12,765.30; total incidental expenses, $2,245.00; total assessment, $15,010.30; total City contri- bution, $2,348.00; total amount to be assessed, $12,662.30; he has checked each and every parcel within the District and find that they benefit from the assessments proposed to be assessed; no protests had been received. No one was present in this regard. Moved by Camacho, seconded by Waters, this hearing be closed on the Resolution of_Intention to the improvement of alley between 2nd and 3rd Streets and "D" and "E" Avenues, Assessment District No. 197, and the project be approved. Carried by unanimous vote. The HEARING to consider several AMENDMENTS TO THE GENERAL PLAN, GP-3-78, Part A which consists of Items 1, 3, 6, 7, and 10 (part B, scheduled for 12/5/78 consists of Items 4, 8, 9, and 12; Part C, scheduled for 12/12/78, consits of Items 5, 13, 14, and 15; state law requires that all items in this General Plan change be acted upon as one package; therefore, the public hearing will begin this date and be continued to 12/5 and 12/12 before final action on all items may be completed; the Planning Commission recommended: Item 1, deny reduction of density for area generally bounded by 18th, Highland, 24th and National; Item 3, approve change from "General Commercial" to "Residential 6-10" west side of "I" Avenue, 28th to 2840 "I"; Item 6, approve reduction of density 11-15 to 6-10 for area generally bounded by 20th, "L", 21st,aand Highland; Item 7, approve reduction of density 21-30 to 6-10 several properties within area bounded by 16th, I-805, 18th, and Palm; Item 10, approve change from "Residential 31-40" to "General Commercial" the west half of 2026 Highland) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Mayor Morgan stated Council would act on each Item individually before proceeding to the next one. ROLF GUNNARSON, Asst. Plan. Dir., was present and stated the Item 1 concerns the area bounded generally by 18th Street to the north, Highland Avenue to the east, 24th Street to the south and National Avenue to the west, within this area the General Plan recognizes the residential district north of 21st Street between "A" Avenue and "F" Avenue and between "F" Avenue and Highland Avenue north of 19th Street, the General Plan designates all these properties for residential use with a density category of 20. Mr. Gunnarson said Council has three choices: the first choice (which had been considered previously) is to reduce the density in this area down from 20 to 10, the effect of that change would be to limit the properties within this 11/28/78 46 area to a single family house on each lot; the second choice is to reduce from density 20 down to density of 15, the effect of this change would be to allow two dwelling units on most of the lots and three dwelling units on a few of the large lots; the third choice is to exclude certain areas from this change, the areas such as a half -block area on the west side of "A" Avenue, north of 20th, and the area on the west side of "F" Avenue and also the entire area north of 19th Street and east of "F" Avenue. Mr. Gunnarson reported a petition was submitted to the Planning Commission which contained 65 signatures, representing 39 properties within the area which are opposed to the proposed change; the Planning Commission considered this again and they reaffirmed their original recommendation to make no change within this particular area. Mayor Morgan stated in regard to the petition practically everyone of these people is in the area from "F" Avenue half -way toward the next block west to the alley; he thought this had been agreed upon at the Planning Commission to leave the area as it is. Mr. Gunnarson stated the Planning Commission looked at both choices; there were two instructions that went back to the Planning Commission from Council, one was the exclusion of the areas on "F" Avenue and "A" Avenue; the second alternative was to change to density 15 instead of density 10 for the entire area; if Council approves the change to density 15, Council could come back later with a zone change to two family residential. MRS. LEWIS DAVES, 2044 "F" Avenue, was present and stated she instigated the petition; there are signatures on it from the whole area, not just "F" Avenue. Moved by Morgan, seconded by Waters, we would leave the area between "E" and "F" from 18th to 22nd Street and not make any..change on that. Vice Mayor Camacho stated the people were present in the audience (approximately 45) because they don't want a change; this tells him that they don't want their property zoned changed; this was submitted back to the Planning Commission and they were asked to look at it from every angle; they recommend no change. Mayor Morgan asked for a show of hands of those in the audience that would be happy to leave the area mentioned as it is. (Shouts of "No") Mayor Morgan explained why he is opposed to more apartments going into residential areas. WILLIAM MILLER, 2039-2041 "E" Avenue, was present and stated he had been at Council meeting where he brought up the hypothetical question of what would happen if one of his houses burned down; City Attorney McLean informed him at that time that if this General Plan were approved that house could never be rebuilt; when he moved into the area there were no apartments, since then the Council and Planning Commission approved to put them in; this is not his responsibility, this is on Council's hands; all they are asking for in this particular area is to have their properties remain the same; they don't want anymore apartments, they want the area to remain as is so that if one of the homes do not burn down or, if they see fit to build income property, they will be able to do that. Mayor Morgan stated they could include his property in the motion because his area is overbuilt as it is. Mr. Miller stated that others in the audience are in the same circumstance; why penalize them for something the Mayor and Council wants to do. Mayor Morgan stated that the people who are in favor of the zone change are not here this evening. In answer to a question, Mr. Gunnarson stated the average size of a lot within this particular area would be about 50 X 105. Mr. Gunnarson stated the question from Mr. Miller relative to replacing his house, if it burned down, has to'.do with the fact that if the zoning is changed to limit the properties in that area to single family use and Mr. Miller has two houses on his lot he vould have a non -conforming use situation; if the zoning were changed and he had a non -conforming use and one of the properties was destroyed by fire, the zoning ordinance would then require the use conform to the zoning regulations and that he would not be allowed to rebuild that building, but would be limited to one. Mayor Morgan stated at the previous hearing Mr. Miller's property had been included in with the others for no change. BILL MORGAN. 2016 "F" Avenue, was present and stated many of the people in chambers had been to five or more meetings relating to this plan change; building up to four units in this area is 11/28/78 47 not going to present a police problem but rather will give the City an increased tax base. FRANKIE LANE, 1906 "E" Avenue, was present and stated her lot is zoned R-4 and is 80 X 225 and they would like to keep it R-4; building one more unit is not feasible. MRS. MORRIS, 1837 "I" Avenue, was present and stated she is concerned about not being able to replace a house that burned on a lot; she is concerned because she is paying for an insurance premuim that would guarantee complete replacement; perhaps she shouldn't be paying that. City Attorney McLean stated he believes the present non -conforming use provisions of the zoning code should be referred to the Planning Commission for a report. Moved by Waters, seconded by Morgan, toe amend the motion to refer particular item back to the Planning staff to reconsider it. City Attorney McLean stated the motion is refer to the planning staff for a report the question of whether some modification of the non -conforming use provision of the zoning code should be made to recognize a problem that may arise under the principle structure and auxilliary structure being on the same lot and are effected by a rezoning that would make one or both a non- conforming use. Moved by Morgan, seconded by Camacho, we table the amend- ment to the motion. Carried by unanimous vote. DOROTHY PRATT, 2426 Calle Avedosi, San Diego, was present and stated she and her husband have owned a piece of property on the corner of 21st and "D" since 1969; they bought this property with the idea that when they could they would add units; she had plans drawn for a duplex and financing arranged when the first hearings came up in June; she attended the Planning Commission meetings and most of the people there were opposed to any downzoning of the area; at none of the meetings had she heard anyone speak in favor of the downzoning. JOSE TOKARO, 2015 1/D" Avenue, was present and spoke in opposition to the proposed change in zoning. LLOYD MARLOW, 2320 "G" Avenue, was present and spoke in opposition to any change at all. LEAN SIMMONS, 921 E. 20th Street, was present and asked if his property was included in the motion before the floor. Mr. Gunnarson stated his property was not involved in this motion. City Attorney McLean left council chambers at 8:37 p.m, and returned at 8:39 p.m. R.T. BABCOCK, 2694 Bay Side Walk, Mission Beach, was present and stated he is concerned about the property on "A" Avenue, 1837; he wishes to have this property left as is. ANTONIO AIDA, 2033 "E" Avenue, was present and stated he wishes to have his property left as it is. THOMAS MULHEARN, 535 E. 20th, was present and stated he wished to have his property remain as it is. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Moved by Morgan, we leave the property of the man who has two houses on his lot that's next to R-4 zoning, the last lot on "E" Avenue on the east side, we leave his the same as he has now. Mayor Morgan stated he thinks the area should be zoned so that the owners could build one house in all the areas except from 20th east between "A" and "B", north of 20th Street and back to the alley; leave that out and leave it as it is now because in this area there are automobile dealers across the street and most of it is business along the area and it would make good planning to have a buffer zone between R-2 and the others. WILLIAM MILLER, returned to the podium. GEORGE PASTRADA, owner of the property at 2038 "E" Avenue, was present and stated the Council is attempting to spot -zone the area; the reason why the Council is considering splitting up the west side "A" Street is because one of the Councilmen live in that area. Mayor Morgan stated that's not correct. Mr. Pastrada stated the people want the area left as it is what the people really want has never been given to them; at every meeting he attended they have opposed this change; you are now trying to spot zone this and break it down into little sections. Mr. Pastrada asked what legal recourse do they have to get what they want; regardless how they express their opinion on this matter, they never get what they want; what is his legal recourse to be able to make you understand that he doesn't want this change? Councilman Dalla stated Mr. Pastrada was excercising his legal recourse by being present at Council this evening and making his wishes known. (Vice Mayor Camacho left Council chambers). MRS. ANNIE CAMACH0,1937 "A" Avenue, was present and stated she called the people who were here this evening and that included people from the entire area, not just hers; they are interested in the entire City; she is opposed to downzoning of the area. Mrs. Camacho asked what do they have to do to make the Mayor understand this? They oppose any change in the zoning. (Vice Mayor Camacho returned to Chambers.) DOROTHY PRATT, returned to the podium, and stated she is being penalized for not 11/28/78 48 developing her property as the people on the upper portion of "E" Street have; as long as there are so many multiple units in the area, she could not understand why you want to make it a R-1 neighborhood. Mr. Gunnarson stated there are 177 parcels of land, 123 of those contain single family homes; 25 duplexes; 23 multiple dwellings; 6 vacant lots. DAVID HARBISON, 605 E. 19th Street, was present and stated he opposes any change. Moved by Dalla, seconded by Van Deventer, we close the public hearing on this particular item and reaffirm the position of the Planning Commission. Carried, by the following vote, to -wit: Ayes: Dalia, Van Deventer, Waters. Nays: Morgan. Abstain: Camacho. Item 3, to change from "General Commercial" to "Residential 6-10 Dwelling Units Acre" the properties on the west side of "I" Avenue between 28th and 30th. Asst. Plan. Dir. Gunnarson stated the Planning Commission recommended to split the area, leave the southerly half commercial, and the properties at 824, 832 E. 28th, 2806 thru 2840 Highland be classified residential. No one was present in this regard. Moved by Van Deventer, seconded by Waters, this item number 3 be approved and changed from General Commercial to Residential, 6-10 west side of "I" Avenue to 2840 "I" Avenue. Carried by unanimous vote. Item 6, to change from Residential Density 11-15 to Residential Density 6-10 the properties bounded by 20th Street, "L" Avenue, 21st Street, and the north -south alley in the block between Highland Avenue and "I" Avenue. Asst. Plan. Dir. Gunnarson stated the Planning Commission recommended in favor of this change; there were no objections within this area. No one was present in this regard. Moved by Van Deventer, seconded by Waters, to approve the reduction of density from 11-15 to 6-10 for the area generally bounded by 20th and "L"y 21st Street and Highland Avenue. Carried by unanimous vote. Item 7, to change from Residential Density 21-30 to Residential Density 6-10 the following areas: (1) south side of 16th Street, 1828 thru 1948 inclusive; (2) north side of 17th Street, 1821 through 1941 inclusive; (3) south side of 17th Street, 1902 through 1938 inclusive; (4) south side of 16th Street, 1604 through 1718 inclusive; (5) south side of 17th Street, 1612 through 1714 inclusive; and 1765 Palm. Asst. Plan. Dir. Gunnarson stated the Planning Commission recommended approval of this general plan change. ANTONIO LAXCINA, 1938 E. 17th Street, was present and stated he has a R-4 lot; he is planning on building a duplex on it; if it is zoned R-1 he won't be able to do anything with it. Moved by Waters, seconded by Camacho, the property at 1938 E. 17th St. be deleted from the hearing. Carried by unanimous vote. No one else was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing on Item 7 be approved and all stipulations of staff be adhered to. Carried by unanimous vote. Item 10, to change from "Residential 31-40 Dwelling Units/Acre" to ' "General Commercial" the west half of the property at 2026 Highland Avenue. Mr. Gunnarson stated the applicant in this case, Mrs. Mary Oncley, has asked that the entire property be designated for commercial use; the Planning Commission has recommended in favor of that change. MRS. MARY ONCLEY, 2026 Highland Avenue, was present and stated she is trying to sell the property; the area is 50 X 250 feet with no access to the back lot; in order to sell she needs a commercial designation on the parcel. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, item 10 be closed and we adhere to the Planning Commission's recommendation. Carried by unanimous vote. Moved by Camacho, seconded by Waters, we continue this public hearing to December 5th. Carried by unanimous vote. The HEARING on ISSUE IDENTIFICATION AND WORK PROGRAM, Phase One of the Local Coastal Program (the "Issue Identification & Work Program" as outlined in Document No. 61179 on file in the City Clerk's office constitutes Phase One of the Local Coastal Program for the City; it was prepared in accordance with the California Coastal Act of 1976 by Westec Services, Inc., under contract to the City; it was funded by a 11/28/78 49 $2000 grant awarded for this purpose by the Governor's Office of Planning and Research; this report contains the "Issue Identification" and proposed "Work Program" portion of the LCP; the report is not a plan, nor does it contain any plan proposals; once approved by Council, it will be submitted to the California Regional Coastal Commission for their review and approval; the Planning Commission recommends Council adopt subject Issue Identification and Work Program) was held at this time. Rolf Gunnarson, Asst. Plan. Director, stated this is the first part of the Local Coastal Program required of the City by the California Coastal Act of 1976; this constitutes an outline or work program to be conducted during the subsequent phases, II and III, of the Coast Plan Program. MITCHEL BEAUCHAMP, 1843 E. 16th Street, was present and spoke on several items within the proposed plan which he wished to bring to Council's attention. Mr. Beauchamp stated one of the things that bothers him is the lack of planning for that area within the City but under the Port District authority; no planning effort is being made. Mr. Gunnarson stated that is not true; by the Coastal Act, itself, the Port Authority has the responsibility for carrying the Coastal Plan for their portion so they are now preparing a plan for all of the provinces within jurisdiction; we are not preparing a plan, but they are and the City is in close contact with them on that matter. Mr. Beauchamp spoke in regard to page 8, subparagraph 2, suggesting a change in the wording to "coastal salt lands;" suggesting a change on page 9, regarding "uses of more than local importance"; page 10, shoreline access; and regarding the Paradise Marsh; also he would like to see the program modified to get the marina out. No one else was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing on the Issue Identification and Work Program, Phase One of the Local Coastal Program be adopted and the public hearing be closed. Mr. Gunnarson suggested Mr. Beauchamp submit his comments in writing and submit them to the Planning Department which will in turn attach it to their proposals and submit to the Coastal Commission, Item 14, COUNTY DEPARTMENT OF PUBLIC HEALTH'S request for adoption of an ordinance relating to MOBILE FOOD VENDING TRUCKS (on October 31, 1978 the County Board of Supervisors adopted an ordinance permitting the operation of mobile food preparation vehicles within the County, in accordance with agreements by the County to provide health services within the cities and are asking Council to adopt this ordinance either by reference or amendment to its Municipal Code) was presented. DAVID MCCULLUM, Manager, Fiesta Catering, was present and outlined operations of "cold" trucks and "hot" trucks and spoke in opposition to the proposed ordinance, citing the dangers because of hot oil, etc., and the potential of tainted food. Discussion. Moved by Morgan, seconded by Dalla, we don't adopt this ordinance at this time. Carried by unanimous vote. JEFF GARLAND, an attorney associated with Mr. McCullum, was present and requested Council write a letter to the County requesting them to enforce the City's laws. ORDINANCES FOR ADOPTION (first reading) Moved by Camacho, seconded by Waters, this Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 11/28/78-1, "Amending Municipal Code Subsection 18.30.050 regarding minimum acreage for a Planned Unit Development." ORDINANCE FOR ADOPTION (second reading) Moved by Camacho, seconded by Waters, this Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1606 RELATING Van Deventer, vote, to -wit: Morgan. 1652 (1i/14/;g-;), "AN ORDINANCE AMENDING ORDINANCE NO. TO BUSINESS LICENSE FEES." Moved by Camacho, seconded by Ordinance No. 1652 be adopted. Carried, by the following Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: 11/28/78 50 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NOL 20, dated November 28, 1978, in the amount of $205,392.68 (Warrants Nos. 63516 through 63569) and PAYROLL for the period ending November 15, 1978 in the amount of $167,535.76 was presented. Moved by Camacho, seconded by Waters, these be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City City Municipal Employees' Federal Credit Union's request to renew a TEMPORARY USE PERMIT (the Credit Union has requested a 12-month renewal of the Temporary Use Permit which authorizes the use of a MOBILE MODULAR OFFICE BUILDING on City property at 2101 Hoover Avenue; the cu.rrent permit expires by limitation 12/31/78; the City Real Property Officer, Building and Planning Departments find no objection to the requested permit; if the permit extension is approved for 1979, staff will secure another rental agreement covering the same time period; payment of an annual lease fee in the amount of $1.00 per agreement will be paid) was presented. Moved by Morgan, seconded by Camacho, for approval. Carried by unanimous vote. Item 13, recommendation to approve Change Order 5 for Kimball Zoo and Tot Lot (See Resolution No. 12,924, page 45.) WRITTEN COMMUNICATIONS Item 14, Letter from County Department of Public Health regarding mobile food vending trucks. (See paragraph 2 page 49.) OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY CITY ATTORNEY MCLEAN requested Council instruction on the zone violation of the First Penecostal Church. Moved by Morgan, seconded by Waters, we wait and see what use permit they come up with. Carried by unanimous vote. OTHER STAFF CITY CLERK CAMPBELL read the Clerk's report on opening of sealed bids for 1911 Act, Hoover and Roosevelt Avenue, 18th to 21st Street, Assess- ment District No. 187: [1] Daley Corporation, $135,184.09; [2] Griffith Company, $113,915.87; [3] T.B. Penick & Sons, $117,890.66; engineer's estimate, $119,467.00) was presented. MAYOR - No report. CITY COUNCIL COUNCILMAN WATERS stated regarding Christmas decorations on 12th StVaet; people come to see these lovely decorations. Moved by Waters, seconded by Morgan, we authorize the City Manager to do the same thing this year and spend up to $250 to make it look like last year. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. Moved by Waters, seconded by Camacho, the meeting be closed. unanimous vote. The meeting closed a -97.45 p�rfn. CITY CLERK CITY /90F NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of De ember 12, 1978. Carried by DCorrections orrections CITY OF NATIONAL CITY, CALIFORNIA 11/28/78