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HomeMy WebLinkAbout1977 02-08 CC MIN41 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 8, 1977 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, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Hoffland, McCabe, McLean, Osburn, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by the Rev. Hubert Campbell, Windsor. Hills Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Pinson, the minutes of the regular meeting of January 25, 1977, be approved. Carried by unanimous vote, PRESENTATIONS AND PROCLAMATIONS - None, MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS - None. Mayor Morgan requested that Council consider Item 18 on the Agenda. REFERRALS Item 18, the Director of Building & Housing's report on methods used to establish LITTLE LEAGUE DISTRICT BOUNDARIES stating two Little League districts were established 15 years ago; included are the American League, covering the westerly portion of the City, and the National League covering the easterly portion; these areas are bounded on the north by Division Street and Sweetwater Road on the south; areas north of Division Street are within the Southeast San Diego League or the Encanto League; designation of division boundaries is the sole responsibility of the Charter Committee, Little League Baseball, Williamsport, Pennsylvaina, was presented. Moved by Pinson, seconded by Reid, the City Manager be directed to write a letter to Williamsport and ask if the boundaries can be changed to the City boundaries on the north side. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these be presented to Council by title only. Carried by unanimous vote. Resolution No. 12,255, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA COMMENDING GEORGE M. MATHESON AND JAMES R. MATHESON FOR THEIR DONATING FOR A PUBLIC PURPOSE THE ELIZUR STEEL-CRANDALL-ENNIS HOUSE." Moved by Dalla, seconded by Camacho, Resolution No. 12,255 be adopted. Carried by unanimous vote. Mayor Morgan asked if Council could adopt a similar Resolution honoring the VFW for their donation of Kimball House. Seconded by Camacho. Carried by unanimous vote. Resolution No, 12,256, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (Z-15-76, Variance from off-street parking ratio and parking design standards at 1009 East 8th Street - Teddy L. Bradt - Aaron Ambulance)." Moved by Camacho, seconded by Pinson, Resolution No. 12,257 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. 2/8/77 42 Resolution No. 12,257, "RESOLUTION MODIFYING CONDITION NO. 23 OF RESOLUTION NO. 12,088, APPROVING TENTATIVE SUBDIVISION MAP ('M' AVENUE TERRACE)." Moved by Pinson, seconded by Camacho, Resolution No. 12,257 be adopted. Carried by unanimous vote. Resolution No. 12,258, "RESOLUTION APPROVING FINAL SUBDIVISION MAP - 'M' AVENUE TERRACE SUBDIVISION." Moved by Pinson, seconded by Camacho, Resolution No. 12�258 be adopted. Carried by unanimous vote. Resolution No. 12,259, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR TRAFFIC SIGNAL REPAIR." Moved by Camacho, seconded by Reid, Resolution No. 12,259 be adopted. Carried by unanimous vote. Resolution No. 12,260, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Justino Jiminez)." Moved by Dalla, seconded by Camacho, Resolution No. 12,260 be adopted. Carried by unanimous vote. Resolution No. 12,261, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easement - Joseph V. Leras and Aline V. Leras)." Moved by Pinson, seconded by Reid, Resolution No. 122261 be adopted. Carried by unanimous vote. Resolution No. 12,262, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP - LEISURE I ESTATES, 16TH STREET SOUTH SIDE, EAST OF EUCLID AVENUE (Gerhard Braun)." Moved by Camacho, seconded by Reid, Resolution No. 12,262 be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES (second reading) Moved by Camacho, seconded by Pinson, these Ordinances for second reading be by title only. Carried by unanimous vote. Ordinance No. 1554 (2/1//q-1) "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIF. (ZC-14-76, TO REZONE FROM CL-PD [Commercial Limited - Planned Development] TO RS-2-PD [Residential Single Family - Planned Development] A PORTION OF THE PROPERTY LOCATED AT 3700-3800 SWEETWATER ROAD, SOUTH SIDE)." Moved by Pinson, seconded by Camacho, Ordinance No. 1554 (2/1/W?-1) be adopted. Carried by unanimous vote. Ordinance No. 1555 (2/1/77-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-15-76, TO REZONE FROM CL-PD [Commercial Limited - Planned Development] TO CBD-PD [Commercial, Central Business District - Planned Development] THE NORTHWEST CORNER OF EUCLID AVENUE AND DIVISION STREET)." Moved by Camacho, seconded by Reid, Ordinance No. 1555 be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - No report. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER #31, dated February 8, 1977, in the amount of $65,084.15 (Warrants Nos. 56816 through 56874) was presented. Moved by Camacho, seconded by Pinson, it be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. City Manager Osburn requested Item No. 20, liquor license application, surrender of Type 41 license and new application for Type 47 (Louis Arko, dba Lourdes Restaurant, 1125 National) be held over one week; the extension will not interfere with time restraints on the applica- tion 2/8/77 43 The Director of Public Works' recommendation to DENY APPLICATION FOR EXEMPTION from street improvements at 2400 block of Granger Avenue (LERAS) was presented. Director of Public Works Hoffland stated the property owner has a building permit which is in excess of $4,000 and is therefore required to install street improvements; he has requested an exemption becaushe ti re is a drain system in the area and he believes the drain ,6oslnu a't the same time street improvements go in; staff has reviewed the case and find the curbs and sidewalks could go in at this time without causing any problems; Mr. Leras stated he would be willing to sign a Covenant if given the exemption and also be interested in processing a 1911 Act petition. Moved by Camacho, seconded by Reid, if Mr. Leras will sign a Covenant for. a 1911 Act his request be granted. There was discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. CONSENT CALENDAR Item No. 22. Letter from NATIONAL CITY ROTARY CLUB attaching financial report for NATIONAL CITY JUNIOR MISS PAGEANT. Councilman Pinson and Camacho commended Rotary on the Junior Miss Pageant and the report; Item 23. Notice of PUBLIC HEARING to be held 2/15/77, 7: p.m. by Chula Vista City Council for purpose of considering application for ZONE CHANGE for properties at SOUTHWEST CORNER OF 30TH ST. AND EDGEMERE AVE. including strip of land lying north of future freeway alignment and south of Chula Vista -National City boundary extend- ing nearly to Highland Avenue; Item 24. Notice from TITLE INSURANCE & TRUST CO. of REAL ESTATE FOR SALE on south side of Plaza Blvd. approximately 200' east of Euclid Av. Councilman Dalla stated the property is along Plaza Blvd. and Palmer Way school that that property on the preliminary General Plan was designated as a park, and he still believes that's a good place for one, and wants Council to realize that this was a park that was eliminated with the adoption of the General Plan; Item 25. Information regarding the MADDY LOCAL APPOINTIVE LIST ACT,. Ordered filed by unanimous vote. PUBLIC HEARINGS The HEARING on amendment to the National City Land Use Code to add REGULATIONS regarding the PARKING OF VEHICLES ON LAWNS in front of single family dwellings (Z-1-76); the Planning Commission recommend- ed amendment to the Land Use Code to add regulations to prohibit parking of vehicles on grass (lawns and landscaped areas) in front of residences, was held at this time. City Clerk Campbell stated the Certificate of Publication was on file. Mayor Morgan stated when this item was before Council it was sent back to the Planning Commission with the understanding they would include just automobiles, when Planning was through with it they included motor homes, etc., Councilman Pinson stated he is in favor of cleaning up the lawns, but he feels this law isn't necessary, there are too many on the books now. Moved by Pinson, seconded by Reid, we deny the recommend- ation. TERRELL ROGERS, 2337 E. 13th Street, was present and stated there is a conflict of interest present; .he has found when Council closed 19th Street from National to Roosevelt there was a conflict, there was a Bahia Development Corp. that operates in the City and they own the total block from Hoover to Roosevelt, 19th to 20th; and mixed in with this development is Lee J. Morgan; a development is now going in for what appears to be a parking lot for recreation vehicles, he submitted this is also a violation and shouldn't be considered; if the Mayor has to go to this extreme to support the rest of the Morgan clan, it behooves the Council to reject this. Councilman Camacho stated that at no time has he heard the Mayor take a part in discussions on the development of this property. WARREN L. SMITH, 311 North "R" was present and stated that this has come to Council several times in the past and hopes this is the last time he and others in the community have to come out regarding this item, 2/3/77 44 EARL ISBEL9 3530 E. 13th Street, was present and stated if this were approved it would be hard to enforce. Motion carried by unanimous vote. The HEARING on Notice•'of Intention to VACATE AND CLOSE 24th STREET between the easterly line of Prospect Street and the westerly line of Euclid Avenue (formerly Orange Street) was held at this time. City Clerk Campbell stated the Certificate of Publication and Engineer's Affidavit of Posting were on file. Planning Director Gerschler stated the Planning Commission conducted a hearing on this case and found the vacation complies with the General Plan and found that there is no present or probable future need for this street to be opened and have recommended it be vacated. WALTER TROY, 2359 Ridgeway Drive, was present and said he recently purchased a house on E. 24th Street and knew this street was not cut through but it looked like a future possibility and he considered it an asset in evaluating the property; this would provide access to a Freeway entry; Mr. Troy stated he wasn't terribly opposed to the vacation but would prefer it not be vacated. Planning Director Gerschler stated the City Engineer advised if this street were opened up that the steepest part of the hill would be about double what the usual acceptable standards for steepness of street is; it would be so steep as to be hazardous, to correct that would be extremely expen- sive. Councilman Pinson told Mr. Troy that it would be 30% grade and 15% is considered the highest a City should go; and the City Engineer considers 15% too high. Moved by Camacho, seconded by Pinson, the hearing be closed and the vacation and closing of 24th Street be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. The HEARING on proposed ZONE CHANGE to add planned development combining zone to the property bounded by Grove Street on the north and west, National City city limit on the east, and Sweetwater Road on the south (ZC--1-77) was held at this time. Planning Director Gerschler stated this was initiated by the Planning Commission and has had a public hearing and the Planning Commission recommended approval. City Clerk Campbell stated the Certificate of Publication was on file. RAYMOND KENNY, 1621 Sweetwater Rd., was present and asked what the zone change would mean. Mr. Gerschler stated the property is now zoned Commercial and there will be no change in that Commercial zoning, what would happen is the PD designation would be added to the zoning, making it CL-PD; the affect of PD zoning is simply to require that construction plans be submitted to the Planning Commission and Council for approval. Mr. Gerschler stated that if approved, construction drawings for new buildings would be reviewed by the Council. Moved by Pinson, seconded by Camacho, the hearing be closed and the Planning Commission's recommendation be approved. Carried by unanimous vote. The HEARING on the proposed CODE AMENDMENT to amend the National City Municipal Code (18.32.030) to provide that SINGLE FAMILY RESIDENTIAL STRUCTURES may be constructed on parcels bearing the "PD - Planned Development" zoning designation on the zoning map, without the necessity of complying with the requirements applicable to such "PD" zoned areas (A-1-77) was held at this time. City Clerk Campbell stated the Certificate of Publication was on file. Planning Director Gerschler stated the Planning Commission recommended approval. No one was present in this regard. Moved by Pinson, seconded by Camacho, the hearing be closed and the Planning Commission's recommendation be approved. Carried by unanimous vote. WRITTEN COMMUNICATIONS The County Integrated Planning Office's LETTER regarding LEASE SALE 48 for OIL AND GAS DEVELOPMENT up to six miles off the San Diego County coast was presented. Moved by Pinson, seconded by Reid, this be referred to the City Manager and he be instructed to inform them we're in favor of the drilling, as Council previously took action on. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. 2/8/77 45 Councilman Pinson asked that Item 25 on the Consent Calendar be discussed. Item 25: Information regarding the Maddy Local Appoint- tive List Act. Moved by Pinson, seconded by Reid, the Clerk be appointed the one that would be responsible for this Maddy Appoin- tive List Act. Carried by unanimous vote. REPORTS CITY MANAGER - No report. PLANNING The Planning Director's recommendation that Council review attached "comments" on INTERIM GUIDELINES adopted by the CALIFORNIA COASTAL COMMISSION and instruct staff to submit them to the Regional and State Coastal Commission with request for modification to correct conflicts with our local regulations was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Director's recommend- ation. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON asked City Attorney McLean if there is some way the City can enforce the sign ordinance regarding signs being posted on utility poles; as it is now City crews have to pull them down. City Attorney McLean stated this is a very hard thing to enforce due to lack of staff who have the responsibility to police these kinds of laws; the City simply doesn't have the staff; it is also difficult to level responsibility for who puts them up; each group denying they were the ones to do it. Mr. McLean stated in the long run, having City crews remove them is the simplest answer. COUNCILMAN DALLA asked if the change of "A" Avenue behind Civic Center to "one-way" was complete and was told it was not, more signs are needed to be posted. COUNCILMAN DALLA asked about the court leaving (Municipal Court now using Council Chambers and adjacent former Justice Court Chambers, etc.) Mayor Morgan stated that this is not confirmed as yet. Mr. Dalla suggested the staff begin now to formulate plans on how to use the space to be vacated. COUNCILMAN REID stated he feels there is a dangerous situation existing on "A" Avenue; somebody is going to hit head-on there; there have already been near misses. COUNCILMAN REID asked City Manager Osburn if a way has been worked out to make it convenient for citizens to get their dogs out of the pound. Mr. Osburn stated they are still working on the problem. COUNCILMAN CAMACHO asked for a report on the 24th and National site within the Redevelopment boundaries; what is going to happen with this property; what development is going to take place; if nothing is going to happen, perhaps Council should consider readvertising and try to get other tenants. City Manager Osburn said Ford would break ground no later than June. MAYOR MORGAN stated that if the public wants to check on any Council- man or Mayor all they have to do is go to the City Clerk's office and look over the records (Statements of Economic Disclosure) to see what each and everyone of them own. MAYOR MORGAN spoke of the graffitti on homes, fences, etc., around the City; and asked if the City could prosecute if any of these people are caught and force their parents to pay for the damage. City Attorney McLean stated the State has a malicious mischief law that will hold the parent responsible up to $1,000; the City has an ordinance that requires the property owner upon whose property the 2/8/77 46 damage has been done, to clean it up. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:20 p.m. City Clkrk City of National City, California The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of February No Corrections . Corrections Mayor City of National City, California 2/8/77