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HomeMy WebLinkAbout1976 02-24 CC MIN36 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 24, 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, Gerschler, Hoffland, McCabe. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier followed with invocation by Pastor W,V . Prindle, High- land Avenue Baptist Church. APPROVAL OF MINUTES The Clerk reported the minutes of the regular meeting of February, 17, 1976 were not completed. PRESENTATIONS AND PROCLAMATIONS- NONE. MAYOR'S APPOINTMENTS The Mayor's proposed appointments of Mrs. Cornella Warren to the Citizens Committee for Community Development and Mr. James G. McKinney to the Traffic Safety Committee were presented. Moved by Camacho, seconded by Pinson, the appointments be approved. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstain: Dalia. ORAL COMMUNICATIONS ERNIE AZHOCAR, 1615 Lanoitan, was present and thanked the Council for allowing him and his Committee to use the Community Building for a fund raising event on Saturday, February 21, 1976. AUGIE BARENO, 2140 D Avenue was present and spoke about the County's Narcotic Treatment Program, (Methodone Center) at Division and Harbison and the selection of another site for this program. Mr. Bareno introduced Mr. Richard Jacobson,. Director of Substantive Abuse who gave the Council a brief report on what his department is doing in looking for alternate sites for the facility. Mr. Jacobson spoke in regard to the appropriateness of the site at Division and Harbison and said they share the concerns of the Council and they are looking for alternate sites at the present time; the principle problem being economic. There was discussion. Mr. Jacobson assured the Council that they would be consulted in regard to the new site. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 11,981, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SETTING A TIME AND PLACE FOR A JOINT PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON A REDEVELOPMENT PLAN AND A RELOCATION PROGRAM FOR THE CENTER CITY PROJECT, A REDEVELOPMENT PROJECT, AND PROVIDING FOR JOINT NOTICES OF SAID HEARING." Moved by Camacho, seconded by Reid, Resolution No. 11,981 be adopted. Carried by unanimous vote. 2/24/76 37 Resolution No, 11,982, "RESOLUTION APPROVING EXECUTION OF AGREEMENT WITH GIRLS CLUB ON NATIONAL CITY FOR USE OF PUBLIC FUNDS." Moved by Reid, seconded by Camacho, Resolution No. 11,982 be adopted„ Carried by unanimous vote. Resolution No. 11,983, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF MARCH, 1976, TO BE MADE BY THE CITY CLERK OF THE CITY OF NATIONAL CITY." Moved by Reid, seconded by Pinson, Resolution No. 11083 be adopted. Carried by unanimous vote. Resolution No. 11,984, "RESOLUTION GRANTING A LIMITED COMMERCIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (NO. 74 -- JOHNSON-CHANCE FINANCIAL GROUP, TO CONSTRUCT A 12,900 SQUARE FOOT RETAIL SHOPPING CENTER AT THE SOUTHEAST CORNER OF HARBISON AVENUE & PLAZA BOULEVARD)," Moved by Pinson, seconded by Reid, Resolution No. 11,984 be adopted, Carried by unanimous vote. INTRODUCTION OF ORDINANCES (first reading) Moved by Camacho, seconded by Reid, the Ordinances for first reading be by title only. Carried by unanimous vote. Ordinance No. 44, "An Ordinance Establishing A Specific Plan Providing for the Continuance of a 5' Front Yard Setback in the C..3-.B Zone, a 0' Front Yard Setback in the C-3-C Zone and a Minimum 10' Yard Setback Along the Highland Avenue Side of All Properties Abutting Highland Avenue." Ordinance No, 2/24/76-2, "An Ordinance Establishing A Specific Plan Providing for Continuance of Lot Area, Rear Yard Setback, and Height Limit Regulations in the O.D. Arnold Estates Subdivision." ADOPTION OF ORDINANCES (second reading) Moved by Camacho, seconded by Reid, the Ordinance for second read- ing be by title only. Carried by unanimous vote. Ordinance No, 1498 (2/1/4-1), "AN ORDINANCE TO ESTABLISH PROCEDURES FOR INITIATING AMENDMENTS TO THE GENERAL PLAN AND SPECIFIC PLANS OF THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Pinson, Ordinance No. 1498 (2/17/76-1) be adopted. Carried by unanimous vote,, REPORT OF CITY ATTORNEY.. No report UNFINISHED BUSINESS Type 41 (On -Sale Beer and Wine, Eating Place) LIQUOR LICENSE APPLICATION for 1528 E and F, Sweetwater Road was presented. Moved by Camacho, seconded by Pinson, this be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla,Pinson, Reid. Nays: None. Abstain; Morgan. NEW BUSINESS The Finance Director/City Treasurer's request for RATIFICATION of payment of WARRANT REGISTER NO. 34, dated February 24, 1976, in the amount of $77,746.92 (Warrants Nos.. 53797 through 53859) and PAYROLL for the period Feb. 1.15, 1976 in the amount of $155,120,47 was presented. Moved by Camacho seconded by Reid, the payroll be made and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Recommendation by the Director of Public Works to approve CHANGE ORDER#1 to contract with Cass Construction, Inc. for DIVISION STREET DRAIN SPECIFICATION 845 was presented. Moved by Reid, seconded by Pinson, the Director of Public Works recommendation be approved. Carried by unanimous vote. 2/24/76 38 Request for APPROPRIATION OF FUNDS and PAYMENT OF LEGAL SERVICE (Leslie E. Osborne, Jr. for services rendered 1/12-2/2/76 in the matter of a Civil Service Hearing) was presented. Moved by Pinson, seconded by Reid, this be apRroved. Carried by unanimous vote. An application for TYPE 47, On -sale general, eating place LICENSE for the premises at 108 W. 25th Street, Units E, F and G was presented. Moved by Pinson, seconded by Camacho, in favor of the license. There was discussion. In answer to the question of whether or not the applicant, Harry G. Stone, had done all the things requested of him to apply for the license, Planning Director Gerschler stated that Mr. Stone will have to amend his Conditional Use Permit and until he does he is not in compliance with the zoning ordinance. Councilman Camacho, withdrew his second to the motion. Motion died for lack of second. Moved by Pinson, seconded by Camacho, the application be protested but with the stipulation that it's not because of the aeplication, but only because of the procedure. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: None. Abstain: Dalla, Morgan. WRITTEN COMMUNICATIONS LEAGUE OF CALIFORNIA CITIES Legislative Bulletin was presented. Ordered filed by unanimous vote. A Letter from MR. DICK CATANZARITE asking for REVIEW of a PLANNING COMMISSION DECISION affecting his property at 2115 Highland Aveime was presented. Mr. Catanzarite was present and stated that he had conversion remodeling on his property at 2115 Highland Ave. and the Planning Commission set down 22 conditions for him to meet; he has completed 21 of the 22; Condition number 20 requires the alley to be improved to the satisfaction of the City Engineer; according to the City ordinance if the improvement exceeds $2500 there would be a demand on improving the alley, but his building permit is $500.00, so he couldn't see where it would justify paving the alley at a cost of nearly $2,000; next door to his property at 2115 is the County's Juvenile Traffic Court; it'a a 40 year old home and the County didn't apply for a permit for a change of usage and di-'nft do anything regarding the handicapped and ran their lines across his property to tie into the telephone pole whereas he had to go underground with his utilities. Mr. Catanzarite stated that he had agreed initially to the 20th condition outlined by the Planning Commission (alley shall be improved to satisfaction of the City Engineer) but this is a very vague statement and he didn't know exactly what they meant by that. There was further discussion. Councilman Reid asked Mr. Catanzarite if he would sign a Covenant Running With The Land in case all concerned in the area were willing to pave the alley; he said that he definitely would. Moved by Reid, seconded by Camacho, this gentleman be allowed to sign a Covenant Running with the Land and get his permit approved. There was further discussion. The City Engineer stated that he would be happy with a Covenant and a deferral for three years and if the Council would be happy with that, it should take care of the problem. City Manager Bourcier recommended the Council go with the Covenant Running with the Land with no deferral involved; the problem won't be resolved by postponing it for three years; he recommended the gentleman sign a Covenant and when they get enough Covenants they will put the alley in. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. REPORTS CITY MANAGER CITY MANAGER BOURCIER requested a meeting of the REAL ESTATE COMMITTEE, Friday, February 27, at 4:00 p.m. Moved by Reid, seconded by Pinson, in favor of request. Carried by unanimous vote. PLANNING 2/24/76 39 The Planning Commission's recommendation that ZONE VARIANCE be granted to allow demolition of 9 existing single family dwellings to be replaced with 8 new single family dwellings without the necessity of subdividing, at 2512-2735 Hill Drive (Paradise Valley Hospital, Z-1-76) was presented. Moved by Camacho, seconded by Pinson, in. favor of the Planning Commission's recommendation on the zone variance. Carried by unanimous vote. The CITY TREASURER -FINANCE DIRECTOR'S Monthly FINANCIAL STATEMENT for the month ending January 31, 1976 was presented. Ordered filed by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO asked the Council if they would be interested in bringing members of the County staff to brief the citizens of the community on the benefits the County has to offer; Bill Davis, San Diego Union Academy, would like to work with the Council in developing this idea. COUNCILMAN CAMACHO asked City Engineer Hoffland how often crews were sent out to check the school crossings to see that they are properly identified, posted and maintained. Mr. Hoffland stated the liason officer who works with the school keeps the Traffic Safety Committee informed and the Committee receives recommendations from him on an average of every other meeting. Councilman Camacho requested that City Engineer Hoffland and his staff bring a report back to Council a report on the condition of all the school crossings. MAYOR MORGAN asked Planning Director Gerschler to check and see how other cities handle parking on grass in front of R-1 homes. COUNCILMAN REID stated that there will be a public hearing on transportation at Royal Inns, E Street, Chula Vista, February 25. COUNCILMAN REID asked City Manager Bourcier the status of Thelma Way; he was told that there is no dedicated access to Thelma Way. The City Manager replied that Staff is trying to work out a solution to this problem and it will be brought to Council in the near future. PUBLIC HEARINGS Continued HEARING on application for CONDITIONAL USE PERMIT on proposed use of property on south side of BETA STREET, immediately abutting the easterly right-of-way line of 1-805, for development of a single family dwelling (GREGORIO/MASON) was held at this time. The Planning Commission recommended issuance of Conditional Use Permit 1976-1. Planning Director Gerschler stated that since Council last looked at this they asked the City Manager to render a report which he contributed to; they found the original plans submitted by the Gregorios were for a rectangular building with a gable roof and because that building didn't have enough frontage set back to meet the Code requirement, they redesigned it and made a lopsided shaped building with a flat roof; they found that if the building could be moved slightly to the south, the rectangular building with a gable roof could still be used, moving the build- ing to the south would mean an encroachment of about two feet into a sewage easement held by Cal -Trans; RON BALLARD, the City's Real Property Manager went to Cal -Trans and received tentative approval that would allow the building to go back into the easement; so with that they can report that the building can be a rectangular build- ing with a gable roof, with a normal front yard setback and that they can assist the property owner in obtaining the necessary encroachment permit to do that; in his opinion Council could attach a condition to any Conditional Use Permit requiring architectural design and Council could require the building with a gable roof; the issue of public accuisition of the property is a question City Manager Bourcier would comment on. No one was present in this regard. Moved by Pinson, seconded by Moran, the Public Hearing be closed and the application be granted on the condition that the gabled roof be put on the building. Carried by unanimous vote. 2/24/76 40 Continued HEARING on PROPOSED AMENDMENT TO THE NATIONAL CITY GENERAL (FP-1-76) was held at this time. The Planning Commission recommended approval of General Plan changes as listed in Items 1 through 4 and 4.b.3. through 4.d.; denial of Items 4.b.1. through 2.b.2. and 5; denial of Item 6, with Planning Commission to initiate a zone variance proceeding on property at 525-527 "M" Avenue, Planning Director Gerschler stated that a brief summary of action taken by the Planning Commission the preceeding exening had been given to Council; the only change in the Planning Commission's previous position was on the Grove Avenue property where they had previously recommended against a change to Commercial and Park. ARNOLD PETERSON, Executive Director of Community Development was present and addressed items 4.b.1. and 4.b.2. which were recommended for denial by the Planning Commission. (4.b.1. To change the land use designation on the properties located on the easterly side of "E" Avenue between 12th and 13th Streets and on the northerly side of 12th Street to a point about 260 feet north of 12th Street, from "Commercial -Shopping Center" to "Resi- dential 21-30 Dwelling Units/Acre." and 4.b.2. "To change the land use designation on the property between "D" Avenue and the alley about 115 feet easterly of "D" Avenue and on the northerly side of 12th Street to a point about 169 feet north of 12th Street from "Residential 21-30 Dwelling Units/Acren to "Residential 31-40 Dwelling Units/Acre.") Mr. Peterson placed a map on the board to illustrate the fact that they intend to recommend that 12th Street be extendd southerly to 14th Street, westerly to where Food Basket and Bank of America are at 14th and Highland; the Community Development Commission had asked the Planning Commission to reconsider as to the b.1, b.2, the Ward's land recommending 11-15 units to the acre residential; the Commission recommended denial; the Council had requested the Commission consider for the site b.3 31-40 units to the acre instead of 21-30, and the Commission recommended denial. Mr. Peterson stated that before Council acts on this matter that they should be apprised of the :',inplications of their action; the Staff report sent to the Commission made reference to the request of the Community Development Commission as being a casual one or one of convenience; the request as to b.1, b.2 was somehow tied to the Senior housing proposal; this is not the case, the Commission does not proceed casually or as a matter of convenience nor is the site b.1, b.2 in any way tied to Seniors housing; the City's General Plan narrative speaks of the Ward's property and the site of b.1 and b.2 as a future retail/commercial facility; the Commission apparently agrees with that assumption that is stated in the General Plan, it is his view that the evidence does not maintain that assumption; this land, the Ward's land, has been vacant, unproductive and unsightly for many years; this land has not sold for commercial purposes and it has been available for that; it is not likely to become part of a neighbor- hood shopping facility for several reasons, those being the South Bay Plaza Shopping Center does exist and will continue, the proposed retail/Commercial including some to be added by Mr. Peterson who owns the land at 14th and F is proposed to be added, westerly of Food Basket; the South Bay Shopping Center does exist, the Bonita Center will be going in; the Ward's land is not scheduled for any public use and is not a location for industrial use; the highest and best use of this land is multiple family/residential. Mr. Peterson stated that the Community Development Commission has a charge under the U.S. Housing and Redevelopment Act of 1974 as public matter to be instrumental in housing production; under the California Redevelopment Law they have the responsiblity to not take out housing of a low -moderate income classification without producing at least as many new units; that legal consideration, AB1018, replacement housing is not a planning matter, but it is a legal matter; it is proposed on the Ward's site, oriented to the southwest with landscaping, ownership housing of the townhouse or condominium type, 12 units to the acre; it is proposed for the site b.3 an apartment building of some quality, 16 units for a total of 46 units; they would take out for the proposed Center City project 42 units; they have found that these is a high level of demand for cluster -type housing, ownership -type, on the order of 300 dwelling units per year; the price estimated for the townhouse/condo development would be around $4Q,000; this would represent a stable 2/24/76 41 population, middle-aged people, retired people, those with teen- ager; the service cost of this housing would be less than an equivalent number of apartments; this is a desirable site for this type of development and has been verified with three different developers; by developing the site in this way they would add to South Bay Plaza retail, add to Wards and to 14th and Highland in terms of retail; through building 40 units at $40,000 it would be a million 2,000,000, 25% of which would be $300,000 at this would produce $30,000 annual tax increment flow in and of itself which could be capatilized on for $300,000 in new money for the City; the architecture and landscaping would be controlled. Mr. Peterson continued the site at 12th and D where the plan presently says multiple family and allows 21-30, they are asking for 31-40 in order to produce 16 units on the land, parking below, taco levels, eight units each level; the Planning Commission recommended denial; we need to produce 46 units for legal reasons and in order to conform to the State law, to produce quality development, just as high as possible; and to produce about $380,000 in new money in the community; this is a balanced program, seniors housing, ownership housing, apartment housing of quality, public parking facilities and in area D.1. D.2 historic preservation; the balance of the neighborhood in neighborhood improvement loans and the City will, hopefully, improve Kimball Park; there has been $800,000 invested in the area in order to produce this housing for the drainage work, grading, roadway, undergounding, utilities on -site, etc., so the investment warrants development of the area. Mr. Peterson stated that they think this is a good program, a balanced program and the request for 11-15 on Wards land and for 31-40 on northeast corner of 12th and D should not be denied. In answer to a question from Mayor Morgan, Mr. Peterson stated that any development whether historical or within the public development would come for development and plan review before the various City and Commissions and Boards that are interested. RAY DUKE, DMD Development Company was present and stated that his company has an acre of land -- pointed out some contrasting things that are happening within the City -- they are on the east side of the shopping center and the property they are talking about is on the west side; his company had a condominium set up to go, plans for it and came to the City and Planning Department and tried to comply with the new things that the City wanted, which was to cut down on apartment development and go into single family residences, they subdivided, went into engineering costs, went to R-1 lots; they are now trying to figure out how much dirt they can get rid of before they can build R-1 houses; what he was trying to point out was the conflict and the contrast that is going on with regards to development and building; they are now talking about shifting back to high -density apartments where before they were talking about going down to density. M.A. CLOUD, JR., 1431 Grove Street was present and addressed the problem on the west side of Grove Street, the residents withdrew their objections providing the remaining 355 feet remain open area. City Planning Director Gerschler said that that was the conclusion of the Planning Commission the preceeding evening. HAL LETSON, representing a mortage company in San Diego, was present and spoke regarding item 3 of the proposed amendments to the General Plan (Item 3, to change the land use designation oh the properties located between National and "A" Avenues and between 24th and 25th Streets, from "Automobile Related Commercial" to "General Commercial.") Mr. Letson referred specifically to the southeast corner on National and 24th and 115 feet on 24th Street; the Planning Department expanded this area to include the entire block; that particular corner is a blighted corner; it's a classic example of economic obsolescence; it is suffering from actual depreciation as opposed to paper depreciation; it is impossible to operate that piece of property profiably at the present time; in referring this item back to the Planning Commission the Council xade three comments; first, that it was premature to presume that this property could not be developed under the present designation, with all due respects, they are not assuming that it cannot be redeveloped under the present designation; 2/24/76 42 the second item stated the Council was concerned as to the impact on the future development on the Mile of Cars; the people in the Mile of Cars are in favor of this and in previous Public Hearings there has been no opposition to this; the third item that was mentioned was the concern of the integrity of the entire redevelopment project. Mr. Letson stated that at the present time his organization has no plans as to what will go into this area but he assured them that it would not be an "Express Lane" and they have not been able to investigate what they will put in but rather what they can't put in; Mr. Letson also informed the Council that it would be impossible to put parcels together. No one else was present in this regard. Mayor Morgan asked Planning Director Gerschler to read the items individually and the Council would act on them. Item 3. "To change the land use designation on the properties located between National and "A" Avenues and between 24th and 25th Streets, from "Automobile Related Commercial" to "General Commercial." The last action of the City Council was to not make the change, the Planning Commission recommends that you do make the change. Movedby Pinson, seconded by Reid, it be left as "Automobile Related Commercial". Carried by unanimous vote. Item 4.b.1. "To change the land use designation on the properties located on the easterly side of "E" Avenue between 12th and 13th Streets and on the northerly side of 12th Street to a point about 260 feet north of 12th Street, from "Commercial -Shopping Center" to "Residential 21-30 Dwelling Units/Acre." The City Council last time heard the Community Development Director amend it to 11-15 Residential Dwelling units per acre; in a review by the Planning Commission last night they felt there should be no change and it should remain Commercial/hopping Center. Moved by Pinson, in favor of the Planning Commission's recommendation. Motion died for lack of second. Moved by Reid, seconded by Camacho, in favor of the Director's recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Pinson. Item 4.b.2. "To change the land use designation on the property between "D" Avenue and the alley about 115 feet easterly of "D" Avenue and on the northerly side of 12th Street to a point about 169 feet north of 12th Street from "Residential 21-30 Dwelling Units/Acre" to "Residential 31-40 Dwelling Units/Acre." The Planning Commission has reviewed this and felt that the density ought to remain as it is now at 21-30. Moved by Pinson, seconded by Morgan, in favor of the Planning Commission's recommendation. Motion failed by the following vote, to -wit: Ayes: Pinson, Morgan. Nays: Camacho, Dalla, Reid. Moved by Reid, seconded by Camacho, in favor of the Director's recommendation. Carried by the following vote, to -wit: Ayes: Camacbo, Dalla, Reid. Nays: Pinson, Morgan. Item 5. "To change the land use designation on the property located on the west side of Grove Street starting at the westerly prolongation of the center line of 14th Street and going southerly therefrom 455 feet, from "Residential 6-10 Dwelling Units/Acre" to "General Commercial" on the northerly 100 feet and "Park" on the balance. This was reviewed by the Planning Commission who reversed their earlier position and recommend in favor of the change. Moved by Reid, seconded by Camacho, in favor of the Planning Commission's recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: None. Abstain: Dalla, Morgan. Moved by Camacho, seconded by Pinson, the Public Hearing be closed and the decisions of the Council be approved. Carried by unanimous vote. The Continued HEARING on SPECIFIC PLAN FOR ORANGE STREET between 13th and 14th Streets was held at this time. The Planning Commission recommended adoption of a specific plan based on Alternate B for location of a new street right-of-way for Orange Street between 13th and 14th Streets and the extent of public street improvements to be installed. City Engineer Hoffland stated that at the last meeting a request was made concerning the possibility of connecting Euclid Avenue and Orange Street at grade, this was looked over and a new study made and the conclusion was that while it is possible to connect them it wouldn't be safe and Mr. Hoffland stated that he could not recommend doing so to the Council; 2/24/76 43- he recommended that they proceed with the "B" location of Orange Street. Bo one was present in this regard. Moved by Pinson, seconded by Reid, the Public Hearin 9 be closed and the plan for Alternate B be approved. Mayor Morgan stated that City Engineer Hoffland, Councilman Reid and himself went to every home in the area and talked to the people regarding this; they found only three people out of the 17 homes in the area that were in favor of the bridge; so the majority of the people in the area accept the B recommendation. Councilman Pinson stated that besides the money that is going to be saved by not building the bridge, that there's only 200 feet that the people are going to have to walk to cross the Euclid right-of-way. Carried by unanimous vote. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:00 p.m. City C erk / City of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of March 16, 1976. Eil/No corrections EDCorrections as noted below ditr}t, )) ‘Y‘cr.- Mayor City of National City, California 2/24/76