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HomeMy WebLinkAbout1977 08-09 CC MIN207 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 9, 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, 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 City Manager Gill. APPROVAL OF MINUTES Moved by Camacho, seconded by Pinson, the minutes of the regular meeting of July 26, 1977 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "FAMILY DAY, AUGUST 14, 1977." Moved by Reid, seconded by Dalla, this proclamation be adopted. Carried by unanimous vote. SCHEDULED PRESENTATIONS First District Supervisor, San Diego County, TOM HAMILTON, was present and spoke regarding a National City/Chula Vista joint proposal for HONDA PLANT or other industrial development in the tidelands area. Mr. Hamilton stated all authorities would have to work together to develop the industrial site (National City, Chula Vista, the Port District, EDC, County Board of Supervisors); it would be a feather in the cap of whoever gets the plant; there has been cooperation from the N.C. Chamber of Commerce and the EDC who put together the original proposal which has been expanded upon; they have endeavored to put together a proposal that would link the City of National City and Chula Vista together in providing enough land for a viable site for manufacturing and assembly by the Honda Company of Japan. Mr. Hamilton stated he had an appoint- ment to meet with Mr. Silberman (Governor Brown's Economic Development Advisor); on August 15 he will personally hand deliver to him the Resolution he hopes Council will adopt this evening. Moved by Reid, seconded by Camacho, this Resolution be presented by title only. Carried by unanimous vote. DICK GARRETT, National City Chamber of Commerce, was present and commended Supervisor Hamilton on his proposal and stated the Chamber is in agreement with it. Mr. Garrett displayed a map of the proposed plant site and explained how it had been redrawn to eliminate possible problems; the 102 acres within National City are basically compacted and buildable immediately; the remaining land in Chula Vista requires work and there would be costs involved in that; this will be addressed by the Chula Vista Redevelopment Agency. Vice Mayor Pinson asked Supervisor Hamilton if the Mayor of Chula Vista was opposed to the selection of this site as has been reported in the newspapers. Mr. Hamilton stated that the Bay Front Study (prepared for the City of Chula Vista some eight years ago) has a proposal to build 8/9/77 208 houses and other commercial uses on the area; at the time the studywas made there hadn't been a geological study; they had about 40 feet of mud under the surface; deve� one theysu found med that since it was flat and looked like it was compacted they could immediate) build on it; they found out they would need several y on it and it would take about a year to compact it; this pointed fullpthe fact that it wouldn't be economically feasible to put houses on it; once the entire picture is presented to the Mayor of Chula Vista, his support will be forthcoming; with or without that support, the majority of the Council of Chula Vista will be supportive. Supervisor Hamilton announced the City will have a Nutrition Center soon. Resolution No. 12,430, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL- CITY SUPPORTING THE SWEETWATER "DEEP -WATER" CHANNEL INDUSTRIAL SITE FOR JAPANESE AUTOMOBILE PLANT." Moved by Reid, seconded by Camacho, Resolution No. 12,430 be adopted. Moved by Dalla, seconded by Camacho, the Resolution be amended to change one word the seventh p ra rank third line from bottom the word " referred" to "desirable". Amendment carried by unanimous vote. Motion carried by unanimous vote Moved by Dalla, seconded by Camacho, the City Attorney be directed to . 2.re are another Resolution su ortin Su ervisor Tom Hamilton and the Economic Development Corporation's joint efforts to attract a Japanese automobile )ant to the South Ba. C p arried by unanimous vote. MAYOR'S APPOINTMENT MAYOR MORGAN'S proposed appointment of AUGIE BARENO to the CIVIL SERVICE COMMISSION was presented. Moved by Camacho, seconded by Reid, in favor of the Mayor's appointment. Carried by unanimous vote. ORAL COMMUNICATIONS - None, PUBLIC HEARINGS The HEARING on proposed REZONING FROM CT-PD TO RT, property at 2337 - 2339 E. 13th STREET (ZC-12..77) (This is a City -.initiated rezoning; a follow -.up to General Plan Change GP-1-77, which changed the land use designation on this property from "General Commercial" to "Residential 6-.10 Dwelling Units Per Acre," The rezoning would allow only one single family residence on the property at 2339 E. 13th Street; it would require the subdivision of the property at 2337 E. 13th Street for any further development and limit the lots obtained thereby to one single family residence, unless they contained over 10,000 square feet in which case they would have two dwelling units.) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated the Plannin Commission recommended approval and staff concurs. TERRELL ROGERS g 2337 E. 13th, owner of the two properties in question, was presentandstated this proposal has been initiated at least four times in the past four years by the City to change from one zone to another with no action by the residents; and asked why it was brought up again. Planning Director Gerschler stated during the course of the General Plan adoption and subsequent General Plan amendments the General Plan and zoning maps were found to not be in agreement; state law requires that the City on its own initiative undertake changes to make that in agreement; the General Plan changes were started some months ago; discussed by both th Planning Commission and City Council and it was decided that the e Commercial zoning of this property was not correct; and so they char the General Plan and showed it as Residential; the proceeding toni hee 9 is 8/9/77 209 necessary to make the zoning map agree with the General Plan. Mr. Rogers stated this is the exact same change except square feet per area that was discussed before and voted down. Mr. Rogers stated he doesn't understand why if there is any future development of homes in the area, it must contain 10,000 square feet when the usual for residential areas within National City is 5,000 square feet. Planning Director Gerschler stated that this rezoning as proposed this evening would allow only one single family residence on property; it would require the subdivision of the property to build more than a single family residence; this is the City's zoning law; the same rules that apply here would apply equally to any property in the City that has the same overlay. Moved by Pinson, seconded by Camacho, the Public Hearing be closed and that we rezone the ro ert as recommended by the Plannjn9 Commission. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE from CL-PD to CBD-PD certain PROPERTIES BOUNDED BY 8TH, HARBISON, OLIVE, AND PLAZA; also, certain properties south of Plaza and east of Harbison and the property at 3423 Plaza Blvd., ZC-13-77 (This rezoning concerns the commercial shopping centers on Harbison Avenue and Plaza Blvd., east of Harbison. The Planning Commission has recommended that the following commercial properties be rezoned from Commercial Limited to "Central Business District Commercial": (a) the shopping center on the east side of Harbison Avenue between 8th and Plaza; (b) Plaza Village Shopping Center at the southeast corner of Harbison and Plaza; (c) the Christensen Shopping Center at 3423 Plaza Blvd., east of Olive Avenue. They recommended that the Fritz property between 8th and Plaza, west of Olive Avenue not be rezoned. This rezoning case was initiated by the Council with the adoption of interim Ord. No. 1577 which will expire 9/24/77. Ord. 1577 was adopted by Council in response to difficulties being experienced by shopping center operators in leasing their stores; a dress shop and a clothing store which wanted to locate in this area would not have been allowed by the CL zoning. The Planning Commission recommendation is consistent with General. Plan Change GP-2-77 which Council recently approved for this area, excluding the Fritz property.) was held at this time. The City Clerk reported the Certificate of Publication and - Affidavit of Mailing were on file. SAMUEL A. KING, 826 Olive Avenue, was present and stated Council has received a petition with 98 signatures on it opposing this zone change; it would affect the area environmentally; the people who built these buildings knew what the zoning was before they were built, why should we have to fight this again just as we did a few years back. WILLIAM A. CHANCE, 1660 Hotel Circle North, San Diego, the owner of the shopping center at the corner of Harbison and Plaza, was present and spoke in favor of the zone change because of descrepancy problems in the uses allowed in that center under the CL zone. Mr. Chance said Council is familiar with use groups 17 and 18, there are many uses which are compatible with our development -- convenience-oriented centers which because they are specifically allowed in use group 18 you cannot put into the center (as an example a bicycle shop which is convenience -oriented; under use group 17 you can put a picture frame shop in, but if the store is an artist supply store it is allowed under 13 and there would be a conflict). Mr. Chance stated he feels these types of descrepancies would be cleared up by changed the zoning to CBD. RANDALL LANGE, 939 Olive Avenue, was present and stated that he is sorry for Mr. Chance; however the property was zoned prior to construction of his convenience -oriented center and there's no reason for him to holler now; he was not hurt when he built the buildings, why is he hurt now; we like to think we zone things properly; however, we turn around and make developers right by allowing 8/9/77 210 variances, allowing property to be developed, allowing stores to be leased when the zoning restricts it and then, after the fact, we allow businesses not within the zoning. Mr. Lange asked if, by continuing to modify our zoning plan with variances and going from small to large business, we were in keeping with the spirit of the law? As we continue to build businesses on that end of National City we are becoming farther and farther detached from police and fire protection? Mr. Lange continued businesses in that area have failed before, there are many vacant stores there now that have not been leased; if you want to put in something at that end of town, how about a firestation. Vice Mayor Pinson stated that originally the property was vacant and there was a proposal for residential use of the land and there was an objection from the people in the area. Mr. Lange stated they objected to that primarily because it fronted directly on the back of their property and nine feet above property level. MARIE ABERNATHY, 943 Olive Avenue, was present and stated her concept of planned development is that you would close your businesses at 5-6:00 in the evening; that would be a neighborhood center; it could be a clothing store, a gift store, etc., but she objected to taking a planned development and putting in a 24- hour "Jack -in -the -Box"; this is what they object to; the things that don't close at normal hours but that go on to 9, 10 or later at night. Mrs. Abernathy stated people in the area believe that with the money and pull of the people backing this center, the issue is already decided. Moved by Pinson, seconded by Reid, the Public Hear iag be closed and we rezone as recommended b the Plannin Commission. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. The HEARING on SPECIFIC PLAN for 26TH STREET between "I" and "J" Avenues and "1" Avenue north of 26th Street (SP-2-77) was held at this time. The City Clerk reported the Certificate of Publication was on file. The Planning Commission and Planning Department recommend approval, No one spoke in this regard. Moved by Camacho, seconded by Reid, the hearin be closed and the s ecific lan for 26th Street and Plannin Commission recommendation be adhered to. Carried by unanimous vote. The HEARING on proposed AMENDMENT to LAND USE CODE to clarify the relationship between adopted "Redevelopment Plans" and the "Zoning" regulations of the Land Use Code, A-5-77 (An essential feature of the California Redevelopment Act and "Redevelopment Plans" adopted thereunder is the opportunity to draft "custom tailored" land use and design regulations especially adapted to such plans; National City's existing adopted Redevelopment Plans rely on strict and literal compliance with the underlying zoning regulations; this situation sometimes causes delays in projects. The method proposed would allow the adoption of "Redevelopment Plans" as "Planned Development Permits" Thereafter the land use and design features, where specific, would supersede the underlying zoning regulations; greater flexibility and administrative ease would ensue. The Planning Department staff, City Attorney, and Community Development Commission Executive Director agree that there is need for subject clarification; this would abet and expedite the administration of permit processing and related land use regulation matters, and therefore recommend its adoption.) was held at this time. The City Clerk reported the Certificate of Publication was on file. No one spoke in this regard. Moved by Camacho, seconded by Pinson, the hearin be closed andendments to the Land Use Code be approved. Planning Director Gerschler stated the zoning regulations would apply to an area that is redevelopment whenever the redevelopment plan was completed and the Community Development Commission took the legal action to declanit is completed, which is often, quite a span of years; or whenever the conditions of the plan themselves 8/9/77 211 specify that expiration of date; or at any time the Community Development Commission would wish to take an action to accomplish this; the Redevelopment Plan will only preempt the Zoning Code on those issues that are specifically detailed in the Redevelopment Plan; the rest of the zoning rules will apply. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, these Resolutions 1.?4e presented title onl . Carried by unanimous vote. Resolution No. 12,431, "A RESOLUTION APPROVING AN AMENDMENT (GP-2-77) TO THE NATIONAL CITY GENERAL PLAN AND GENERAL PLAN MAP." Moved by Reid, seconded by Dalla, Resolution No. 12,431 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan, Resolution No. 12,432, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Euclid Avenue, Division Street to 4th Avenue, Assessment District No. 184)." Moved by Camacho, seconded by Reid, Resollitiall212_._12.,_432 be adopted. Carried by unanimous vote. Resolution No. 12,433, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 13TH STREET, 14TH STREET, 12TH STREET AND "E" AVENUE AND ALLEYS BETWEEN "D" AND "E" FROM 13TH STREET TO 14TH STREET AND A PORTION OF THE ALLEY BETWEEN "E" AND "F" AVENUE FROM 13TH STREET TO 14TH STREET AND RESCINDING RESOLUTION NO. 12,416 (Center City Project)." Moved by Reid, seconded by Pinson, Bes2_,...lati2n_Ng,_12,433 1.022_2.12E122. Carried by unanimous vote. Resolution No. 12,434, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTION OF 13TH STREET AND "F" AVENUE (Center City Project)." Moved by Reid, seconded by Pinson, Resolution No. 12 434 be ado ted. Carried by unanimous vote. Resolution No, 12,435, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTION OF 12TH STREET ON THE SOUTH SIDE (Center City Project).' Moved by Reid, seconded by Pinson, Resolution No. 122435 be adopted. Carried by unanimous vote. Resolution No. 12,436, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 12TH STREET ON THE NORTH SIDE (Center City Project)." Moved by Reid, seconded by Camacho, Resolution No. 12 436 .192...Womttsl. Carried by unanimous vote. Resolution No. 12,437, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTION OF "E" AVENUE (Center City Project)." Moved by Reid, seconded by Camacho, Resolution No. 12 437 be adopted. Carried by unanimous vote. Resolution No. 12,438, "Accepting final subdivision map for Leisure I Estates'." Moved by Camacho, seconded by Pinson, this be denied. Carried by unanimous vote. Resolution No. 12,439, "RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO SOUTH BAY TOWN & COUNTRY." Moved by Camacho, seconded by Reid, Resolution No. 12 439 be ado ted. City Attorney McLean stated this is simply wiping out an old drainage easement to give the people clear title to their property. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Councilman Dalla voted against the motion because the Resolution was not listed on the agenda. 8/9/77 212 Vice Mayor Pinson asked that Council direct staff (that includes the City Manager and Attorney), to have these items placed on the Agenda or not present them. Councilman Reid concurred. ORDINANCES FOR ADOPTION (first reading) Ordinance No. 8/9/77-1, "Pursuant to Land Use Code (ZC-11-77, to add Planned Unit Development [PUD] zoning to property on west side of Rachael Avenue, south of and adjacent to 2550-52 Rachael Avenue)." Ordinance No. 8/9/77-2, "An Ordinance Amending Chapter 18.32 of the National City Municipal Code Zoning Regulations that Specifically Provide for the Adoption of Redevelopment Plans as Planned Development Permits to allow them to supersede those underlying land uses and design regulations that would otherwise apply." NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER #3, dated August 9, 1977 in the amount of $78,425.02 (Warrant Nos. 58482 through 58531) and PAYROLL in the amount of $176,449.22 dated July 16-31, 1977 was presented. Moved by Camacho, seconded by Reid, this be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None., Item 18, Application for person transfer off -sale general license by JACKSON M. AND MYRTH W. HILTON dba IMPERIAL LIQUOR NO. 3, 3106 E. 16th Street; and Item 19, application for new type 41 on -sale beer and wine eating place (will also allow off -sale) by CARMEN L. AND MARIO J. DINI, dba MCDINI'S #2, 105 E. 8th Street, were presented. Moved by Camacho, seconded by Pinson, these be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Nays: None. Abstain: Morgan. The request of JOE R. CRAIN, Chairman, C. Bers' for MUSCULAR DYSTROPHY to operate a collection station for the Jerry Lewis Muscular Dystrophy Telethon at the Plaza Bowl South Parking lot (The hours of operation will be from 10:00 until 6:00 p.m. September 4 and 5. Crowd, traffic and security patrols will be conducted by National City Police Reserve and private patrols. All appropriate departments have approved this request.) was presented. Moved by Pinson, seconded by Reid, in favor of this request. JOE CRAIN, 2430 Seawind Drive, was present and stated he has spoken to the Chief of Police about this and he was in agreement with it. Carried by unanimous vote. Mr. Crain also presented a request (too late to be listed on the Agenda) for a professional group known as the POW WOW POSSE, Inc., to perform at the C. Bers' for Muscular Dystrophy collection station; they would like to have them perform in Sunday afternoon, September 4; this act involves the use of real fire arms and live blanks. Mr. Crain stated they will set up their act in frodtof the Kelly -Moore Paintshop building; they will need an area approximately 30 yards long and 40 yards wide; they will set up barricades between their act and the crowd; they also carry their own liability insurance; the act will last approximately half an hour and will be presented early afternoon. Mr. Crain stated that if there is opposition from surrounding neighbors to the act, they will close it down. Moved by Pinson, seconded by Reid, this be eppqved subject to the apprpvai pf the Fire Chief, Policanager. Carried by unanimous vote. 8/9/77 213 Request from the City Clerk for permission to advertise for bids for A.C. PAVING federally assistSEWER PROJECTS and ASPHALT CONCRETE for Fiscal Year 1977-78 was presented, Moved by Pinson, seconded by Reid, in favor of re uest. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER City Manager Gill stated in regard to the League of California Cities meeting in September, the League would like Council to name a representative and an alternate who would be a bona fide voting member. Moved by Camacho, seconded by Pinson, the Ma or and Councilman Reid be selected to represent the City, Carried by unanimous vote. City Manager Gill reported he received a phone call from Assemblyman Waddle Deddeh who stated Route 54 from 1-805 to I-5 has been approved in Caltrans 6-year plan; construction should start in 1978; the state will spend approximately 3,3 million dollars on the tidelands. Moved by Pinson, seconded by Morgan, a letter be written to Mr, Deddeh thankin him for his efforts on our behalf. Carried by unanimous vote. League of California Cities Legislative Bulletin #26 dated August 5, 1977 was presented. Ordered filed by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF - No report, PLANNING The Planning Department's recommendation to retain "WESTEC SERVICES, INC." to perform Phase I of our "Local Coastal Program" California Coastal Act - 1976 was presented. Moved by Pinson, seconded by Camacho, in favor of the ecommendation. Carried by unanimous vote. DENTON K. JORDAN'S application for PLANNED DEVELOPMENT PERMIT to allow the development of a four -unit apartment building at 2041 East 5th Street (On July 26, 1977 the Council approved this case, subject to limiting the project to a maximum of three dwelling units, single story) was presented. Planning Director Gerschler asked Council if they wanted a noticed hearing to review the new drawings; Staff recommends that an informal hearing be held August 16 with written invitations to all persons who were notified of the formal public hearing held on July 26. Moved by Pinson, seconded by Camacho, we have an informal palishearing next week & the Clerknotify those ersons who testified .IIp212.E/219Arino Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Recommendation for APPROVAL OF STREET TREE AND PARKWAY COMMITTEE actions taken July 21, 1977 was presented: (a) parkway tree removal denied (Beauchamp) at 224 West Plaza Boulevard; (b) parkway tree removal approved at 917 East 28th Street (Martinez); (c) parkway tree removal approved (SDG&E Company) 2820 "D" Avenue, 134 East 2nd Street. Moved by Pinson, seconded by Reid, in favor of the recommendations of the §1X22I_Dee_d_ax:Iny_committee. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE The Director of Public Works' recommendation to approve actions taken by the TRAFFIC SAFETY COMMITTEE from its re -scheduled meeting of July 200 1977, which include: (a) that a two-hour parking limit be established on the south side of 28th Street between National and Transportation 8/9/77 214 Avenues; (b) that parking be prohibited (red curb) on the northwest side of Plaza Boulevard between Olive Avenue and 8th Street. Moved by Pinson, seconded by Da114, in favor of the recommendations. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. MAYOR - No report. CITY COUNCIL COUNCILMAN DALLA suggested the Resolution commending Supervisor Hamilton and the EDC in their work on behalf of bringing Honda to National City should be adopted this evening due to the time element. Moved by Dalla, seconded by Camacho, the Resolution be resented b title onl Carried by unanimous vote4 "A RESOLUTION SUPPORTING SUPERVISOR TOM HAMILTON AND THE ECONOMIC DEVELOPMENT CORPORATION'S JOINT EFFORTS TO ATTRACT A JAPANESE AUTOMOBILE PLANT TO THE SOUTH BAY." Moved by Pinson, seconded by Dalia, in favor of the Resolution. Carried by unanimous vote. COUNCILMAN CAMACHO stated on the 28th of August Andre Kostelanetz and San Diego Symphony Orchestra will be in concert at Kimball Bowl and encouraged everyone to attend. COUNCILMAN CAMACHO asked City Manager Gill if anything has been done in reference to Carousel Property Management and the sewer contractor whom they feel has damaged Pacific Telephone property. Mr. Gill stated he met with representatives of the phone company and Director of Public Works' Hoffland and all matters will be resolved by the end of the week. COUNCILMAN REID spoke in regard to the request by Rey Gonzales, Pres., South Bay Pop Warner Team for use of Kimball Park Community Building, including kitchen for use on Friday, August 12, 197 12:00 noon to 10:00 p.m., custodial services to be paid. Moved by Pinson, seconded by Camacho, in favor of the regtztat. Carried by unanimous vote. COUNCILMAN REID asked Director of Public Works Hoffland where the City stands on the installation of signals on Division Street and Plaza Blvd. Mr. Hoffland stated the two signals have just been awarded, both are under construction and will be operational before school starts. Moved by Pinson, seconded by Reid, the meetin be closed. Carried by unanimous vote. The meeting closed at 9:00 p.m. CITY C RK 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 August 23, 1977. Ell Corrections CITY OF NATIONAL. CITY, CALIFORNIA 8/9/77