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HomeMy WebLinkAbout1976 01-06 CC MIN222 MINUTES OF THE REGULAR MEETING OF THE CITY YNCAUNCIL OF THE CITY OF NATIONAL CITY, January 6, 1976 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: Bourcier, Campbell, Asst. Planning Director Gunnarson, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier, followed with invocation by the Rev. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetinjs of December 16, 1975 (Revised), December 23, 1975 and the adjourned meeting of December 23 held on December 26 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS HARRY G. M0SKWA, 525 M Avenue, National City was present and read a letter to the Council, dated December 15, 1975, requesting the $100.00 fee for General Plan Change be waived. There was discussion. Asst. Planning Director Gunnarson said Mr. Moskwa has asked the Planning Commission to initiate a General Plan Change in accordance with the Ordinance, they agreed to do that but the Ordinance requires the payment of a fee; the only other alternative would be for the Council to initiate a General Plan Change on their own motion and in that case no fee would be required. Mr. Moskwa said he owns a double lot, 10,000 square feet, which had a duplex on it and the density allows a maximum of two units; the other houses in that area are mostly duplexes and are two -bedroom units whereas his is a one -bedroom unit so the density comes down in that case and he only has the one duplex the other lot is vacant. There was discussion regarding how many people would come in and ask (if the Planning and the Council changed this) for a General Plan Change;whether or not Mr. Moskwa would rent this piece of property that he plans to build on. Mr. Moskwa said he wasn't able to build at this time, but if he did sell the property, hitt wanted to be able to assure the owners that they can build a one -family unit on that vacant lot. Moved by Reid, seconded by Pinson to initiate (a General Plan Change) to go to the Planning Commission and then back to the Council for public hearing. There was further discussion. Mayor Morgan stated that unless there's strong evidence there he doesn't want to vote to increase the density in the area. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. PUBLIC HEARING The HEARING on the proposed ZONE CHANGE to remove the O.S. (OPEN SPACE) OVERLAY from excess freeway right-of-way parcel R/W 9050- 01-01 located adjacent to the easterly side of I-5 freeway, north of Plaza Boulevard and west of Coolidge Avenue (ZC-11-75) was held at this time. The City Clerk stated the certificate of publication and affidavit of mailing were on file and the Planning Commission recommended approval of the zone change to remove the O.S. overlay 1/6/76 223 zoning. Asst. Planning Director Gunnarson stated this parcel of property (about 10,000 sq. ft.) is zoned for manufacturing; removal of the Open Space overlay would allow the development of the site for manufacturing, light manufacturing, uses without requiring a Conditional Use Permit; the Planning Commission has recommended in favor of removing the open space zoning. ALEX M. GONZALES, 220 W. 9th Street, National City was present and asked what Open Space meant. Asst. Planning Director Gunnarson explained. Mr. Gonzales inquired about a building that is going in on the corner across the street from Bill Kirby's Garage and was advised to come to the Planning Department in the morning. No one else was present in this regard. Moved by Pinson, seconded by Camacho, the hearing be closed and the Planning Commission's recommendation to remove the Open Space overlay be approved. Carried by unanimous vote. The HEARING on the EXTENSION of INTERIM ZONING ORDINANCE NO. 1462 was held at this time. The City Clerk stated the Certificate of Publication was on file and that the Planning Commission recommended Interim Zoning Ordinance No. 1462 be extended to January 6, 1977. Asst. Planning Director Gunnarson stated this zoning applies to the site of Bonita Greens Subdivision which is on the south side of Sweetwater Road, east of the Bonita Golf Course; the Interim Zoning is R-1-S, single family; if it's not extended the zoning will return to R-4-PD; the Planning Commission recommended that the Interim Zoning be extended until the Subdivision Map (which is now being processed) has been finalized; if that Map is approved, the Planning Commission will recommend final or permanent R-1 zoning at the time the final Map is submitted for Council approval. MORGAN GILMAN, 5328 Bragg Street, San Diego, was present and said when this came before the Planning Commission he had made a few points that he would like to reiterate to the Council; the zoning prior to the interim ordinance was R-4-PD and at the time they started to work on the project the R-4-PD would allow either R-1, R-1-S or an R-4 development; since this project has had so many problems, it seemed to him the R-4-PD zoning would allow the Council and the developer the most flexibility ultimately; if the R-1 subdivision were not to be approved, or it were approved and the drainage problem could not be solved for the County and therefore couldn't proceed, from a flexibility point of view the R-4-PD is the logical zoning for the project. There was discussion. No one else was present in this regard. Moved by Camacho, seconded by Pinson, to close the Public Hearing and the Interim Zoning Ordinance No. 1462 be extended as recommended by the Planning Commission. There was further discussion. Carried by the follow- ing vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be present- ed by title only. Carried by unanimous vote. Resolution No. 11,951, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE SAN DIEGO COUNTY DIRECTOR OF PUBLIC HEALTH TO ENFORCE THE PROVISIONS OF ORDINANCE NO. 1490 RELATING TO FOOD HANDLERS WITHIN THE CITY OF NATIONAL CITY," Moved by Reid, seconded by Pinson, Resolution No. 11,951 be adopted. Carried by unanimous vote. Resolution No. 11,952, "RESOLUTION ENDORSING THE USE OP FEDERAL AID URBAN GAS TAX FUNDS FOR RIGHTS -OF -WAY PROTECTION OF STATE ROUTE 54 FROM TIDELANDS AVENUE IN NATIONAL CITY TO INTERSTATE 8." Moved by Camacho, seconded by Reid, Resolution No. 11,952 be adopted. Carried by unanimous vote. 1/6/76 224 Resolution No. 11,953, "RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1975-16 TO ALLOW EXISTING PATIO LOCATED 13.5 FEET FROM THE REAR PROPERTY LINE, TO BE CONVERTED TO PROVIDE ADDITIONAL LIVING SPACE AT 3534 STOCKMAN STREET (Calvin Murrell)." Moved by Reid, seconded by Camacho, Resolution No. 11,953 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES (first reading) Moved by Camacho, seconded by Reid, these ordinances for first reading be by title only. Carried by unanimous vote. Ordinance No. 1/6/76-1, "An Ordinance Requiring Installation of Street Improvements, Providing for Deferrals, and Exemptions Therefrom, and Administrative Procedures Related Thereto." Ordinance No. 1/6/76-2, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (2C-8-75, to rezone from M-3 to TRC-PD Parcel 13, Map 8038, E.J. Christman Business & Industrial Park I Redevelopment Project [County Assessor's Parcel No. 562-340-04] located between 22nd and 24th Streets and on the easterly side of Hoover)." Ordinance No. 1/6/76-3, "An Ordinance of the City of National City, California, Amending Ordinance No. 1067 Relating to the Prepar- ation and Distribution of Food, and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith (Food Handler Inspection Fees)." Ordinance No. 1/6/76-4, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of Nati nal City, California (ZC-9- 75, to rezone from R-4 to R-1 the properties on the southerly side of 15th Street easterly of Highland Avenue from 820 to 924 E. 15th Street and the properties on the northerly side of 16th Street easterly of Highland Avenue from 901 to 921 E. 16th Street." REPORT OF CITY ATTORNEY - No further report. NEW BUSINESS The recommendation that Council set a second public hearing on COMMUNITY DEVELOPMENT AND HOUSING NEEDS was presented. Moved by Pinson, seconded by Reid, the public hearing be set for January 20, 1976. There was discussion. Carried by unanimous vote. The request for ratification of STREET TREE AND PARKWAY COMMITTEE'S approval of tree removal requests (staff recommended approval) was presented. Moved by Pinson, seconded by Reid, this be ratified. THE BOYS CLUB OF NATIONAL. CITY'S request for use of Kimball Community Building the evening of February 13, waiver of all fees and authorization to serve alcoholic beverages and staff recom- mendation of approval subject to conditions and waiver of custodial fees be denied were presented. Moved by Camacho, seconded by Pinson, this request be granted and all fees done away with. Under discussion Vice Mayor Dalla asked if he was recommending against Staff's recommendation to waive all building fees, but that the waiver of custodial fees be denied. He was told he was. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. (See para- graph no. 1 page 225) The City Treasurer/Finance Director's request for ratification of PAYMENT OF BILLS in the amount of $68,047.22 (WARRANT REGISTER NO. 26, Warrants Nos. 53331 through 53385) and $131,186.89 (WARRANT REGISTER NO. 27, Warrants Nos. 53386 through 53443) was presented. Moved by Pinson, seconded by Camacho, Warrant Registers Nos. 26 and 27 be ratified. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. 1/6/76 225 Moved by Dalla, seconded by Pinson, Item 15 (Boys Club request to use Kimball Community Bldg.) be reconsidered. Carried by unanimous vote. Moved by Camacho that all fees be done away with. Died for lack of second. Moved by Reid, seconded by Dalla, Staff's recommendations be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. A Type-48 (on -sale general, public premises) LIQUOR LICENSE APPLICATION for 730 National Avenue, currently known as "Bump City" (The application indicated the name of business to be "Brandy's") was presented. Moved by Pinson in favor of the application. Under discussion Councilman Camacho said that he has heard this is to be a topless entertainment center; this came in to the Police Department this morning and Chief Liesman and Sgt. Chenelle were not aware of this and he feels this should be held up until they know exactly what's going on there. Councilman Pinson stated that the Agenda Statement lists only a name change, a personal transfer from one owner to another; Vice Mayor Dalla said that the only time the Council has any opportunity to protest these licenses is, when they have a name change or some change in the license; last year the police res- ponded to 49 calls at this particular location, of one variety or another, and on that basis alone he would move that the Council protest the license itself. Councilman Pinson withdrew his motion. Moved by Dalla, seconded by Reid, the Council protest the issuing of the license on the grounds that the,premises are a public nuisance./ and any use of the premises for dispensing alcoholic beverages is not consistent with the public welfare. Carried by unanimous vote. CONSENT CALENDAR Copy of PUBLIC UTILITIES COMMISSION Order Denying Partial Rehearing and Reconsideration regarding the matter of the applications of the SAN DIEGO GAS & ELECTRIC CO. for authority to increase its rates and charges for electric, gas and steam service (Applications 55627, 55628, 55629) and the City Clerk's report on opening of sealed bids for the CASA DE SALUD EXPANSION (L & R Construction, $79,296.00; Mesa Construction Co. $71,500.00; Trepte Brothers Develop. Co. $85,169.00; Mel Williamson, $87,900.00; Larry Montoya & Sons, $68,644.00) was presented. Ordered filed by unanimous vote. REPORTS CITY MANAGER The City Manager's preliminary report on potential GRANT SOURCES for RESTORATION OF GRANGER HALL was presented. City Manager Bourcier said if Council wants the City to initiate a Letter of Intent, he will need direction tonight. Moved by Camacho, seconded by Morgan, the City Manager make application for the matching funds for the restoration of Granger Hall. There was discussion. Councilman Pinson asked for a briefing as to what this does. City Manager Bourcier stated that this would be similar to the other project (St. Matthews Church) where the City helped; we were the lead agency; we would handle this the same way; the City would be the lead agency and use the matching funds that have been collected for Granger Hall and those would be matched by the State for restoration of the Hall; this does not come out of the Block Grant. Carried by unanimous vote. PLANNING The Planning Commission's recommendation the TENTATIVE SUBDIVISION MAP FOR BONITA GREENS, 3700-3800 block of Sweetwater Road, south side, be approved subject to 34 conditions as amended by the Planning Commission at their meeting of December 22, 1975 (Calmoor Homes, Inc.) was presented. Asst. Planning Director 1/6/76 226 Gunnarson stated that the Planning Commission recommended that the Council make a finding that this proposed subdivision is consistent with the General Plan and that the Council approve the tentative map subject to 34 conditions that they have recommended. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommendations. Under discussion, Mr. Gunnarson said in answer to a question about the 70% open space shown on the map (how much would be considered usable and how much would be hills, slopes, etc.) about 25% of that would be in slope area and not usable. In answer to a question if anything was shown of any open space area the people can utilize for play areas, and that sort of thing so that they won't have the same situation that they had in Sweetwater Heights, Mr. Gunnarson said this map doesn't set aside any common recreation area; Bonita Greens is a much smaller area than Sweetwater Heights and encompasses only 22 home sites whereas there are a couple of hundred in Sweetwater Heights; a condition on the map is that those Covenants, Conditions and Restrictions include a provision that would allow the City to go in and do maintenance work and bill the property owners in a case where the maintenance wasn't being properly taken care of. Carried by unanimous vote. MORGAN GILMAN, 5328 Bragg Street, San Diego addressed a comment to City Engineer Hoffland in regard to condition 28 of the Planning Commission's recommendations, "prior to the approval of the final map, the subdivider shall obtain written approval from the San Diego County Department of Sanitation and Flood Control and the City Engineer for the proposed site drainage improvements, particularly as it affects discharge of drainage waters onto adjacent properties within the unincorporated county area," a very minor wording change; Mr. Gilman met with the County Department and they don't want to be in the position of approving the map or not approving the Map, but rather in the position of approving what happens with the drainage after it leaves the site; in other words, they felt it was the City Engineer's jurisdiction to approve the site improvement plans, their concern is their policy regarding what happens to the run-off after it leaves the site. Mayor Morgan asked the City Engineer to work with him and get this point cleared up. City Engineer Hoffland stated that the wording could be changed to say that the drainage work is acceptable to the County Engineer. The Planning Commission's recommendation of approval of the FINAL MAP FOR SOUTH BAY TOWN AND COUNTRY SHOPPING CENTER be approved, subject to the condition that the Council take no action to approve the final map until the subdivider submits a covenant (form and content to be approved by the City Attorney) agreeing to increase access easements for Lots 8 and 10 prior to sale was presented. Asst. Planning Director Gunnarson stated the Planning Commission recommended approval even though they did have a condition regarding the submittal of Covenants providing access to some land -locked lots; those Covenants have been submitted and are in the City Attorney's office, so they are now recommending approval. Moved by Pinson, seconded by Camacho in favor of the Planning Commission's recommendation. Carried by unanimous vote. The Planning Commission's Report regarding the Application for CONDITIONAL USE PERMIT to allow an addition 14' from the rear property line at 2510 E. 1st Street (No. 1976-17, D. TOULOUSE) was presented. Asst. Planning Director Gunnarson said that this item can be filed and will be back on the Council's Agenda in .two weeks. Moved by Dalla, seconded by Pinson, this item be filed. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said he had a few questions; one is in regard to the liquor license application; he would like the Council to direct the City Manager to look into the feasibility of increasing license fees for this type of an establishment if it is determined that this is where the police are spending the majority of their time; for the Manager to look into areas where we have more police 1/6/76 227 problems and increase the license fees accordingly; the City Attorney would have to help rule on that; but let them help pay for any area that is using the police more, let them help pay for that. Moved by Pinson, seconded by Dalla, that this be referred to the City Manager for a report. Carried by unanimous vote. COUNCILMAN PINSON said south on 30th Street and west of Edgemere Mr. Briggs owns a piece of property; he would like to see something reduced to writing from the Attorney saying that this is Chula Vista's problem and National City can't touch it; or, that it is our problem and that we should take care of it. City Manager Bourcier said that the City of Chula Vista has already received a letter on this matter; Councilman Camacho said that he had brought it up to Council some time ago. VICE MAYOR DALLA directed a question to Arnold Peterson, Director of Redevelopment/ regarding the legal ads in the paper; he notices that people don't spend the time to read them; it would seem the BLOCK GRANT matters are significant and important to the Community to the extent that we might consider some other way, via a news story, whatever, other than rely on legal ads to get the word out to the public. Mayor Morgan said that Mr. Peterson is working on a transcript for the ad and he will have a report ready for Council. MAYOR MORGAN asked the City Clerk for the names and addresses of the Ad Hoc Committee on file and said she would provide them to the Council. SHARON REID, Administrative Assistant to Supervisor Walsh was present in the audience. Mayor Morgan addressed her saying Council does not want to have the Correction Center in National City; she can tell him (Walsh) that Council doesn't want it anywhere in N.C.; Chula Vista has a zone set up where several people can live in a certain area, National City doesn't have a zone for that; Mr. Walsh has said he wants it in the First District and right behind his home is land that used to belong to the Federal Government, five or ten acres back there and he can make an easement where they can get back to the lot, in back of his home. Mrs. Reid said she hoped the City would have a representative at the meeting on Friday to express these sentiments. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 8:25 p.m. Ci 1 Clerk City of Nation4 City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of January 13, 1976. Ex( No Corrections 04/ Corre ons as noted below or City of National City, California 1/6/7 6