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HomeMy WebLinkAbout1977 07-26 CC MIN191 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 26, 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, Morgan. Absent; Reid. 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. Atwell Stewart, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Pinson, the minutes of the2dj2ur ned meeting of Jul r_5 y held Jul llth and the re ular meeting of July 12th be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "NATIONAL APPRENTICESHIP MONTH," August 1977. Moved by Camacho, seconded by Pinson, the proclamation be adopted. Carried by unanimous vote. Absent: Reid. Mayor Morgan presented the proclamation to Nate Jordan, Bureau of Apprenticeship and Planning. MAYOR'S APPOINTMENTS The Mayor's proposed appointment of Augie Bareno to the unexpired term of Robert Strahan, Civil Service Commission, was held over to August 9, 1977, in accordance with the Maddy Local Appointive List Act. PUBLIC ORAL COMMUNICATIONS BERNARD TRAGER, 516 E. 24th Street, spoke to Council about the recently enacted SB 101 regarding Bingo, stating he represented Fleet Reserve Branch 118, VFW Post 4630, VFW Post 4851 and Eagles Lodge Area 2712; in June of 1976 the voters voted in Bingo to be played by certain qualified organizations but it was ambiguous as to what organizations could qualify to play; SB 101 was introduced to help clarify the laws. Mr. Trager said SB 101 was enabling legislation and Council would have to adopt an ordinance to allow his organizations to hold bingo games. Moved by Pinson, seconded by Camacho, theAttorney be directed to draft a new Ordinance amendment to allow these organizations to play. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla. Absent: Reid. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, these Resolutions be resented bx_ title only. Carried by unanimous vote. Absent: Reid. Resolution No. 12,412, "RESOLUTION ACCEPTING STATEMENT OF UNDERSTANDING AND DIRECTING THE RECORDING THEREOF (George H. Adams, Jr. and Joseph Hollow Flood Hazard Acknowledgement)." Moved by Camacho, seconded by Pinson, Resolution No. 12,412 be adopted. Carried by unanim us vote., Absent: Reid. ,,1`/77 192 Resolution No. 12,413, "RESOLUTION ACCEPTING STATEMaNT OF UNDERSTANDING AND DIRECTING THE RECORDING THEREOF (Walker Walters - Flood Hazard Acknowledgement)." Moved by Pinson, seconded by Camacho, Resolution No. 124413 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,414, "RESOLUTION INITIATING APPLICATION FOR RE- ORGANIZATION TO BE KNOWN AS "F" AVENUE REORGANIZATION, AND INCLUDING THE ANNEXATION OF CERTAIN PROPERTIES IN THE 3000 AND 3100 BLOCK OF "F" AVENUE." Moved by Pinson, seconded by Dalia, Resolution No. 12 414 be adopted. LAWRENCE NELSON, 3108 "F" Avenue, was present and stated the City Engineer recommended a condition that the property owners sign an agreement they would not protest a 1911 Act to put in the sewer line. Mr. Nelson stated of the 19 property owners involved in this, four actually want the sewer line, six would agree to sign the agreement, if it's three to five years away -- they don't want the annexation to pass and next week receive a bill to put the sewer line in; most people in the area have a good septic tank and there's no trouble at the present time. Mr. Nelson stated the people in the area are low-income, many on social security, to place the added burden of a 1911 Act on them, along with the rising property taxes, would be too much at the present time. City Engineer Hoffland stated the City would wait for the property owners to initiate the 1911 Act; in his report to Council Mr. Hoffland stated he hoped the City would wait at least five years before proceeding with a 1911 Act, Motion carried by unanimous vote. Absent; Reid. Item 24 on the Agenda, "F" Avenue reorganization (The City Engineer recommends that the reorganization be subject to the conditions that the annexing property owners sign an agreement with the City not to protest a 1911 Act to install sewers; none of the properties are now served by sewer; the City Engineer estimates that it would cost about $54,000 to construct a sewer main to serve this area. Staff recommends that the Planning Department be instructed to file the reorganization application with the Local Agency Formation Commission, and approve Res. No. 12,414.) was considered at this time. Moved by Camacho, seconded by Pinson, in favor of the Cit En ineer's recommendation with a five year time limit on it unless there is a health roblem or property -owned initiated. Carried by unanimous vote. Absent: Reid. Resolution No. 12,415, "RESOLUTION DESIGNATING THE BUILDING AT 1009 EAST 8TH STREET AS A HISTORICAL BUILDING." Moved by Camacho, seconded by Pinson, Resolution o. 12 415 be ado ted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Nays: None. Absent: Reid. Abstaining: Morgan. Moved by Pinson, seconded by Camacho, the Plannin De artment be directed to draft an Ordinance for the Planning Commission to study on historical criteria. Carried by unanimou vote. Absent: Reid. Resolution No. 12,416, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF STREETS AND ALLEYS WITHIN THE CENTER CITY PROJECT AREA BETWEEN 12TH AND 15TH STREETS, "D" AND "F" AVENUES (SC-4-77)." Moved by Camacho, seconded by Pinson, Resolution No. 12,416 be adopted and set for hearing.. Carried by unanimous vote. Resolution No. 12,417, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE EASTERLY HALF OF COOLIDGE AVENUE BETWEEN THE NORTH LINE OF 19TH STREET AND THE NORTH LINE OF 2OTH STREET; AND 19TH STREET BETWEEN THE CENTERLINE OF COOLIDGE AVENUE AND THE WEST LINE OF HOOVER AVENUE (SC-5-77)." Moved by Camacho, seconded by Dalia, Resolution No. 12,417 be adotated and set for hearing . C-ar:ied, by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Pinson. Absent: Reid. 7/26/77 193 Resolution No. 12,418, "RESOLUTION ADOPTING PLANS AND SPECIFICAT (Granger Avenue between 24th Street to Leonard Street,Assessment IONS District No. 189)." Moved by Dalla, seconded by Camacho, Resolution. No._12,418 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,419, "RESOLUTION ADOPTING MAP SHOING BOUNDARIES OF ASSESSMENT DISTRICT (Granger Avenue betw en 24thOR S to Leonard Street, Assessment District No. treet 8 seconded by Pinson, Resolution No. 12,419 be adopted. Carrie byho, unanimous vote. Absent: Reid. ed by Resolution No. 12,420, "RESOLUTION OF INTENTION (Granger Avenue between 24th Street to Leonard Street, Assessment District No. 189)." Moved by Pinson, seconded by Camacho, Resolution No, 12,420 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 12,421, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPOINTING TOM CROWNOVER AS ITS REPRESENTATIVE TO THE BOARD OF DIRECTORS OF SAN DIEGO COUNTY WATER AUTHORITY." Moved by Camacho, seconded by Pinson, Resolution No. 12021 be ado ted. Carried by unanimous vote. Absent: Reid. P Resolution No. 12,422, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION, (Las Palmas Park Drain, Specification No. 861)," Moved by Pinson, seconded by Camacho, Resolution No. 12,422 be ado ted. Carried by unanimous vote,. Absent: Reid. ORDINANCES FOR INTRODUCTION (first reading) Moved by Dalla, seconded by Camacho, this ordinance be presented by title only,. Carried by unanimous vote. Absent: Reid. Ordinance No. 7/26/77-1, "amending Ordinance No. 1547 (ZC.-11_76) to add legal descriptions to the properties which were changed from one zone to another by adoption of Ord. No. 1547 (Areas east of Highland). OLD BUSINESS Request by the SOUTH BAY COUNTRY FAIR and the NATIONAL CITY SPURS N' SADDLE RODEO for advertising participation in their program (The South Bay Country Fair and Rodeo Association have planned events to take place in Kimball Park from September 1 through the llth;a published combining the two events,aand theywilprogramewill be contact the City regardingthis matter. wahave a representative by Pinson, seconded by Camacho, in favor of the presented. Moved Councilman stated the City makes a � Dalla amount of assistance it provides,ous cIndonetathinkble oitribution in the to add to that contribution by spending more money tonecessary advertisefor our- selves in the program. Motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan, Nays: Dalla. Absent : Reid. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 1, dated July 26, 1977, in the amount of 316 132 (warrants nos. 58308 through 58316) and PAYROLL for the $e ,.22 eriod July 15, 1977,i3n the amount of $175 873.r p nding od June 30, 1977, in the amount of $160,313.94 wasp ved presenteed. Mo ending Camacho, seconded by Pinson, these bills be aid and a rolls ratifi Carried, by the following vote, to -wit: Ayes: Camacho, Dalla Pi ads Morgan. Nays: None, Absent: Reid. 9 nson, 7/26/77 194 Item 19, Claim for Damages from LONZO WILLIAM CASTRO alleging injury April 10, 1977, and; Item 20, Claim for Damages from DEAN HENRY CHAPMAN alleging injury April 10, 1977 were presented. Moved by Camacho, seconded by Pinson, these claims be denied. and referred to the City Attorne . Carried by unanimous vote. Absent: Reid. COUNCILMAN DALLA'S request to evaluate and analyze the operational need and cost associated with FIRE STATION NO. 2 with the Port District sharing in OPERATIONAL COSTS or relinquishing control of the station and responsiblity for fire service to the Port District property was presented. Moved by Dalla, seconded by Camacho, this be referred to City Mana er for a re ort and recommendation. Carried by unanimous vote. Absent: Reid. GENE JACKSON'S request for permission to install a commercial coach adjacent to the new parking lot on LAS PALMAS GOLF COURSE to be used as a PRO SHOP for a period not to exceed one year as presented. Moved by Camacho, seconded by Pinson, in favor of the request. There was discussion. Moved by Morgan, seconded by Pinson, the motion be amended 12,...baxtthe ildingderientbripgtheplans back before Council next week. Carried by unanimous vote. City Attorney McLean stated he understands Council has approved in principle the temporary facility for a year subject to Council's approval of the plans. Vice Mayor Pinson stated he wants the whole issue tabled for one week and decided at that time. An APPLICATION for OFF -SALE BEER AND WINE LICENSE by Jerry R. and Rebecca Sadler, dba JERRY'S ARCO NO. 1, 1540 Plaza Boulevard was presente( Moved by Camacho, seconded by Pinson, this request be protested. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER City Manager Gill stated he had a request from the National City Rodeo Association for the use of Hart Field, September 10-11, to conduct a Rodeo; and requesting the City to assist in preparation of grounds and bleachers and they would also like to sell beer for the event. Moved by Cam:etch°, seconded by Pinson, this be approved. BUTCH BRIDGEMAN, 10412 Holly Road, El Cajon, was present and explained the Rodeo Assoc. was asking only for those things mentioned by the City Manager, the request for advertising considered earlier in the meeting was from their advertising agency. Vice Mayor Pinson stated he contacted the President of the Rodeo Association today and he was in agreement with this letter requesting $542 for advertising; it stated that all the proceeds from both events are going to the National City Youth Groups. Mr. Bridgeman stated what the letter says in essence is correct but at the same time whathewas trying to say ishe didn't want the Council to believe that the rodeo itself proper was asking for the funds is that you're saying that you're not, the Rodeo Assocation, is not asking the City for a dime, yet the proceeds from that program will be turned over to the Rodeo AssoCiation and if you need the cash to pay for one of the calves that runs into that area you'are going to use it. Mr. Bridgeman stated that's not true, not that portion of it, because the money that runs the calves in is something else entirely different; at the same time, what I'm trying to say, is that there's not that much money realized fzom the program; it's mainly used for the printing of it; I understand it's not even going to actually be a program this year, it's going to 7/26/77 195 a tabloid that'$ going to be mailed out. Councilman Dalla stated one of the reasons he's brought this up and he's brought it up in the past, as an example the Maytime Band Review has a program that we spend somewhere in the neighborhood of $4-500 to advertise in and in MBR'S financial breakdown for income and expenditures they showed a profit of $300 and some odd dollars for the program; the City's contribution, the City's expense for an ad in that program exceeded what they made, so essentially we're subsidizing the program, and it really wasn't income; the City through moving the bleachers and doing all this preparation of the area and cooperation of City staff and that sort of thing amounts in man-hours to a certain amount of money and to come back in addition to that and ask us to spend money to advertise in the program -- every event that we have to help put on using City staff comes back and asks us for additional money to advertise in the program, I would think the City's participation by using the facilities and man-hours is ample to show our interest and participation and concern of the thing that's involved. There was further discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Dal/a, Pinson. Nays: None. Abstaining: Morgan. Absent: Reid. City Manager Gill read staff's proposed policy regarding City EMPLOYMENT PRACTICES previously requested by the City Council: (1) it shall be the policy of the City to deny approval of any part-time or full-time employment which would create any of the following: (a) the employment anywhere in the City service of relatives of councilmen or members of the City Manager's staff; (b) the.employment in one department of a person related to another employee in the same department; (c) the employment of relatives of Board of Commission members in any department in which the Commission serves in any advisory role; (2) relatives are defined as an immediate member of the employee's family, including spouse, children, brother, sister, parent, aunt, uncle, niece, nephew or any other relative living in the employee's household; (3) if a relative of a City employee is hired within another department, the department heads involved shall have the responsibility for seeing that a possible conflict of interest situation is not brought about by the shifting or alteration of one or both of the employee's duties should it be deemed necessary. Moved by Morgan, seconded by Pinson, proposed policy. City Manager Gill stated this probably would not be part of the Civil Service rules but rather City Council policy. Carried by unanimous vote. Absent: Reid. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING The request for establishment of a "reimbursement project" to benefit the developers of the "Leisure I Estates" subdivision (Jerry Braun and Philip Brodie, are developers of "Leisure I Estates", at 16th Street and Euclid Avenue; their approved subdivision map requires that they dedicate "Lot #4" for street Purposes to allow access to the adjoining subdivision [Morning Breeze]; they are now asking to be paid for said "Lot #4". In their meeting with the City Attorney and Planning Director 7/19/77, they also suggested that the City reimburse them or that they be excused from the required dedication; the subject request is for a "reimbursement agreement" whereby they will dedicate the street now and the Morning Breeze developers will reimburse them when they develop their own project sometime in the future. At the time of approval of the two adjoining subdivisions it was decided that Leisure I Estates would be required to dedicate "Lot #4" as a street and Morning Breeze would be required to improve it. Staff would not suggest that the City pay for any street dedications in this subdivision and do not recommend the elimination of such dedication requirements.) was presented. 7/26/77 196 JERRY BRAUN, 5153 ManchesterRd,, San Diego, was present as was PHILIP BRODIE, 573 South Sierra, Solana Beach, developers of the project. City Attorney McLean stated staff made a lengthy report at pre -Council. Planning Director Gerschler stated the only question involved tonight is the request for City Council consideration for the "reimbursement agreement" affecting "Lot #4 of the final map. Mr. Braun displayed a map of the subdivision with a cul-de-sac which enables the traffic flow to be centralized and located to the houses within that subdivision and pointed out the layout of the streets within the subdivision and explained the subdivision contains eleven houses, when they take out "Lot #4" they will have 14 more houses with 2.1 cars per house causing an extensive traffic situation; the loss to them is not in the lot, but in the esthetics and value of the future subdivision; the other problem is when the developer of Morning Breeze will build the sub- division. There was discussion. Planning Director Gerschler stated it is their understanding that Morning Breeze subdivision has proceeded with the assumption that Lot #4 will be available if they improve it and open it up; before the Council finilizes any agreement he would urge Council to invite the other subdivider in for a hearing. Moved by Pinson, seconded by Morgan, the request be tabled for one week and the property owner be notified. Carried by unanimous vote. Absent: Reid, PUBLIC HEARINGS The HEARING to add PLANNED UNIT DEVELOPMENT zoning to property on west side of Rachael Avenue, south of and adjacent to 2550-52 Rachael Avenue (2C-11-77) was called at this time. The City Clerk reported the Council indicated their intention to continue this hearing to August 2. Moved by Pinson, seconded by Camacho, this hearjrig be continued to Au ust L1222.. Carried by unanimous vote. Absent: Reid. The HEARING on APPEAL of Planning Commission's approval of PLANNED DEVELOPMENT PERMIT to allow development of a 4-UNIT APARTMENT BUILDING at 2041 E. 5th Street (PD-50 Denton K. Jordan) was held at this time. Planning Director Gerschler said the Planning Commission approved the development of a two-story, frame and stucco, 4-unit apartment building on property located on the north side of East 5th Street, west of "V" Avenue, subject to the following two conditions: (1) development shall be in accordance with submitted plans; (2) area allocated for turnaround within the parking Iot shall be marked "NO PARKING"; an appeal has been filed by an opponent; staff does not concur with the Planning Commission decision; Municipal Code Section 18.116.202 requires: "before any conditional use permit is granted, the applicant shall show the existence of the following facts: [ a that the site for the proposed use is adequate in size and shape; b that the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and; rcj that the proposed use will not have an adverse effect upon adjacent or abutting properties; and; [d] that the proposed use is deemed essential and desirable to the public convenience or welfare;" failure to fulfill any of these requirements could be grounds for denial, regardless of the invonvenience to the developer; this parcel is surrounded by single family residences; the proposed four -unit apartment complex will not be in scale with the height, bulk and density of the neighboring buildings and land uses; being located at the end of a cul-de-sac, this project may lead to increased traffic hazards; In staff's opinion, the plans submitted with this application present an unharmonious architectural facade to neighboring residences; the impace upon the property adjoining the easterly side may prove to be especially severe JOHN NICZTA, repr,esamLing John Nicita, Sr., the 7/26/77 197 adjacent property owner, stated Mr. Nicita agreed with staff's report and added that according to the Planning Code there is a formula for computing the number of units on residential lots ''and according to that formula you may not develop more units on a lot than the number obtained in the formula and in the particular lot in question is in the area of 3.5; since the number should not exceed that number, he would think four units would exceed the formula stated. BEN JAEHN, 2040 5th Avenue, the owner of the property directly across the street from the proposed development, was present and stated he was under the impression when_the property was sold that there was gping`to be a house built on it; when he bought his lot he was going to put a four-plex on it, this lot is 80X150 deep; he was told at that time there was no way he could put a four-plex on his property, so he set up a deal to put a duplex on it; by the time he got the parking and landscaping and concrete block wall installed there was no room for the two-story duplex; after discussing the problem with the neighbors he decided to build his home on the lot which he is now living in; now he understands there are plans for a four-plex there; how can you put a four-plex between two residential homes; this is not consistent with the area;, if this is going to be passed le would like very much to have some kind of protection across the cul-de-sac with a 6-foot fence so that he won't have to look at this from his front door. Mr. Jaehn stated he wanted to go on record as being against this unless he is provided with protection; if someone tried to build a four-plex next door to him such as the one they want to build across the street, he would really protest, because they'll be looking into their neighbors back yard from the second story. LARRY MATTHEWS, 1440 Coolidge Avenue, was present and referred to the property on E. 5th, he referred to the Council Agenda statement from the meeting of July 26, Item 4, it stated this parcel is surrounded by single family dwellings. Mr. Matthews passed out a map to Council showing the lot in question, 2041 E. 5th; Mr. Matthews pointed out that the only single family dwelling affected here is the one next door and the one across the street; the houses on "T" Avenue will have the same roof line as the four-plex they are proposing because they are all two story; of the houses on 4th, only one would be concerned; down the street on the north side of 5th heading east there are two homes on one lot and then multiple units on the lots; the general plan of the area is multiple family dwellings, they are not varying from that in gong to four units; the second recommendation stated it wouldn't be in scale with the height, which has already been covered; bulk and density has been pointed out on the map; as far as being isolated at the end of a cul-de- sac which may lead to increased traffic hazards; they don't feel that is true in that it is a dead-end street, traffic will be low anyway and in their plot plan they have provided so that all of the entrances to the street are face -in entry; there would be no backing into the street. Mr. Matthews stated the plot plan also shows the building 35 feet from Mr. Nicita's house; they are aware of him being right next door and are building over as far as possible to leave the larger area between the buildings. JOHN NICITA, SR., 2043 E. 5th, was present and said the reason he didn't buy the lot was because he couldn't build four units; he was told that the most anyone could put there was three units; everybody was told they couldn't put four units on until this gentleman bought the lot, and he was told he could put four. Mr. Nicita stated there are no two story houses on the north side of 5th Street; there are a lot of little one family homes. LOUISE ATTAWAY, 2115 E. 5th Street, was present, and stated she has lived in the area approximately ten years and has seen quite a bit of development; no matter who would have bought the property and wanted to put up a four-plex, she would have protested; from where she lives up to the cul-de-sac there are 23 residences and 16 are the Family Park Apartment4 you talk about noise -- any more cars on that street will make it unbearable; t.e just can't see -- a triplex, maybe; but still if there were two cars per unit that would still be an added six cars on the street. LARRY MATTHEWS 7/26/77 198 stated he can sympathize with the problem of added traffic and children, etc., but this does not justify the appeal to stop the building permit. DENTON JORDAN, co-owner of the lot, was present and stated that at the time they bought this lot, they didn't have any idea that other people had tried to build four units on it; if they had known of all the problems involved they probably wouldn't have bought the property. Mr. Jordan stated the plat maps that had been handed out did depict the multiple residences on one lot although there are single family homes on several lots; he stated their grading plan calls for their four- plex to be the same Height as the home of Mr. Jaehn across the street. Moved by Pinson, seconded by Dalla, the Public Hearin�c be closed and w ereduce this to a single story building with no more than three units. Carried, by .the following vote, to -wit: Ayes: Dalla, Pinson, Morgan. Nays: Camacho. Absent: Reid. Planning Director Gerschler stated that he suggests as it may be uncertain as to what form this will be back to Council that the hearing be continued„ The City Attorney stated the hearing had been closed. MAYOR - None COUNCIL COUNCILMAN DALLA questioned the City Attorney in magard to protesting a liquor license application stating the Attorney should determine specific grounds for protest. Moved by Pinson, seconded by Camacho, the meetinc be closed. Carried by unanimous vote. The meeting closed atp9::20 p.m. CITY ( .ERK CITY OP NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of August 9, 1977. DCorrections i/ No cgrree,ions MAYIR CITY OF NATIONAL CITY, CALIFORNIA 7/26/77