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HomeMy WebLinkAbout1976 12-21 CC MIN247 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 21, 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. Administrative officials present: Ballard, Campbell, Cowett, Gunnar - son, Hoffland, McCabe, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Acting City Manager McCabe followed with invocation by the Rev. Atwell Stewart, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of December 7, 1976, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,209, "RESOLUTION ADOPTING PLANS, SPECIFICATIONS AND AUTHORIZING WORK FOR SEWER RECONSTRUCTION." Moved by Reid, seconded by Camacho, Resolution No, 12,209 be adopted. Carried by unanimous vote. Resolution No. 12,210, "RESOLUTION AUTHORIZING EXECUTION OF CONSULTANT AGREEMENT FOR ENGINEERING SERVICES FOR SEWER RECONSTRUCTION (REPLACE- MENT) PROJECT SUBJECT TO APPROVAL OF EDA GRANT." Moved by Reid, seconded by Camacho, Resolution No. 12,210 be adopted. Carried by unanimous vote. Resolution No. 12,211, "RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF $8,250 FROM -REVENUE SHARING FUNDS TO LIBARAY CAPITAL OUTLAY #8," Moved by Camacho, seconded by Reid, Resolution No. 12,211 be adopted. Carried by unanimous vote. Resolution No. 12,212, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PRO- PERTY (Director's Deed No. R/W DE-9052-01_02, State of California, Department of Transportation)," Moved by Reid, seconded by Camacho, Resolution No. 12�212 be adopted. Carried by unanimous vote. Resolution No. 12,213, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PRO- PERTY (Grant Deed - Harry G. Moskwa)." Moved by Reid, seconded by Pinson, Resolution No. 12,213 be adopted. Carried by unanimous vote. Resolution No. 12,214, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR GRANT ASSISTANCE PURSUANT TO TITLE I OF THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (P.L. 94-369) FOR SIDEWALK, CURB AND GUTTER CONSTRUCTION AND REPLACEMENT." Moved by Camacho, seconded by Dalla, Resolution No. 12,214 be adopted. Carried by unanimous vote. 12/21/76 248 Resolution No. 12,215, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING A REDEVELOPMENT SURVEY AREA EARL- IER ADOPTED PURSUANT TO SECTIONS 33310 AND 33312 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW (E. J. Christman)." Moved by Camacho, seconded by Reid, Resolution No. 12,215 be adopted. Carried by unani- mous vote. Resolution No. 12,216, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING A REDEVELOPMENT SURVEY AREA EARL- IER DESIGNATED PURSUANT TO SECTIONS 33310 AND 33312 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW (Center City)." Moved by Reid, seconded by Camacho, Resolution No. 12,216 be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, the ordinances be presented for second rea,d.inq And adoption by titig only. Carried by unanimous vote. Ordinance No. (W14/g6-I) 1547, AN ORDINANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-11-76, to rezone the properties shown on attached Exhibits B, C, D, E, F, G, H, I, J, L, M, N, P, Q, R, and T to conform with the General Plan)." Moved by Reid, seconded by Camacho, Ordinance No. (12/14/?6-I) 1547 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson Reid. Nays: None. Abstaining: Morgan. Ordinance No. (12/a1//6-1) 1548, "AN URGENCY ORDINANCE OF THE CITY OF NATIONAL CITY REQUIRING THAT ALL CITY -OWNED VEHICLES CARRY A MINIMUM OF $500,000 COMBINED SINGLE LIMITS OF BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE." Moved by Pinson, seconded by Reid, Ordinance No. (12/21/?6-1) 1548 be adopted. Carried by unanimous vote. Ordinance No. (12/W/6-2) 1549, "ORDINANCE TO REZONE CERTAIN REAL PROPERTIES FROM RM-1 (RESIDENTIAL MULTIPLE FAMILY) TO RT-PD (RESIDEN- TIAL TWO FAMILY -PLANNED DEVELOPMENT) AND ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE, AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Morgan, seconded by Camacho, Ordinance No. 12/21/76-2 be adopted. Motion failed, by the following vote, to -wit: Ayes: Camacho,Pinson,Morgan. Nays: Dalla, Reid. There was discus- sion. Asst. Dir. Planning Gunnarson stated the present zoning would allow apartments to be developed in an area of single family homes; developed as multiple they could get 12-14 units, subdividing under single family they might get 6-7 lots. Dep. City Attorney Cowett said if the ordinance was not adopted as urgency interim ordinance, hearing would be required before the Planning Commission and City Council; this would permit the developer to spend money developing plans which would later become inoperative. Moved by Dalla, seconded by Reid, the Planning Department initiate a zone change. There was further discussion. Mayor Morgan went to the blackboard and sketched the property, showing existing homes, street access and the topogra- phy. Moved by Dalla, seconded by Camacho, to reconsider the urgency ordinance. Carried by unanimous vote. Moved by Camacho, seconded by Pinson, to adopt urgency ordinance no. SI2/21//6..2) 1549. Carried, by the following vote, to -wit: Ayes: Camacho, DaJ11a, Pinson, Morgan. Nays: Reid. REPORT OF CITY ATTORNEY None. PUBLIC HEARINGS The HEARING ON INTENTION TO VACATE AND CLOSE 24TH STREET, south side in the vicinity of Wilson Avenue was held at this time. City Clerk Campbell reported the Certificate of Publication and the Affidavit of Posting were on File. Asst. Dir. Planning Gunnarson reported the Planning Commission recommended vaction subject to the two conditions recommended by Staff (Before a resolution ordering this street vaca- tion is presented to the City. 12/21/76 249 Council for adoption, the following shall be accomplished: 1. Filing with the City Clerk properly executed instruments, to the satisfaction of the City Engineer and City Attorney, granting public easements for California -American Water Co. and 2. Evidence, to the satisfaction of the City Attorney, that all persons known to have possible claims to access rights to and from the street to be vacated have relinquished all such rights.) No one was present in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and 24th Street, south side, in the vicinity of Wilson Avenue be closed sub- ject to the conditions recommended by Staff and the Planning Commis- sion. Carried by unanimous vote. The HEARING ON INTENTION TO VACATE AND CLOSE THE NORTHERLY END OF "K" AVENUE within the 1200 Block was held at this time. The City Clerk stated the Certificate of Publication and Affidavit of Posting were on file. Asst. Dir. Planning Gunnarson reported the Planning Commis- sion recommended approval of the vacation, deletion of Condition 1 and drainage easement requested by the City Engineer be required. No one was present in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and "K" Avenue be closed subject to the stipulations of the Planning Commission. Carried by unanimous vote. HEARING ON APPEAL OF PLANNING COMMISSION'S DENIAL OF PROPOSED ZONE VARIANCE (north end of "K" Avenue, east side, 1200 Block, Z-10-76) was held at this time. City Clerk Campbell stated a protest petition was received and distributed to each member of the Council; the certix. ficate of Publication and Affidavit of Mailing were on file. Asst. Dir. Planning Gunnarson said the purpose of the zone variance was to allow construction of a single family home at 0"setback, the Planning Commission recommended denial, the City Council on December 7th dir- ected staff to review the case in an effort to find a workable solu- tion; the issues involved are: 1. Minimum cul-de-sac radius to satisfy the Fire Dept., 2. Front yard setback to satisfy zoning code and to respond to neighbors' concerns; 3. Parking space on driveway in front of garage to satisfy City Engineer; 4. Reliability of plans prepared by applicant. Mr. Gunnarson said a new map prepared by the City Engineer showed the cul-de-sac radius larger than formerly; this would satisfy the Fire Department. Mr. Gunnarson stated there was some concern that the property owner was not aware of the property line --the property line is 14' east of a chain link fence, not on the fence line; however, Mr. Carroll said the plans were prepared with that knowledge. JAMES CARROLL, applicant, was present and spoke in favor of the variance and outlined various proposed setbacks and off- street parking sites. MRS. TRESSA DEARWESTER, 1221 "I'K" Avenue, was present and spoke in favor of the variance. LARRY T GLE, 1204 "K" Avenue, was present and spoke against the granting o the variance. BOB JOHNSON, 1214 "K" Avenue, was present and spoke gainst the var- iance citing the neighbors' fears for the appearance cf the street. There was discussion. Mayor Morgan said he would like to see this continued to January 4 and Mr. Carroll's architect draw something showing the setback and how the house would relate tci the cul-de-sac, especially on the north side, Moved by Morgan, seconded by Reid, this be continued to 7:45 p,m. January 4, 1977. Carried by unanimous vote. The CONTINUED HEARING ON APPEAL OF THE NOTICE OF INTENTION TO REMOVE AN INOPERATIVE VEHICLE as a public nuisance at 1429 Manchester Street (Zearl and Carlma Holder) was held at this time. Asst. Planning Dir. Gunnarson said instructions were given to the property owner, at the last hearing a photograph of the vehicle (a Ford Mustang) with one wheel off was distributed; Staff went back today and reinspected the site and took two more photographs; the vehicle is parked in approx- imately the same position; it has been moved back possibly 20' and the car now has all four whells. RAY (ZEARL) HOLDER, 1429 Man- chester St., was present and said he has sold the car at about a $600 loss; it should be removed from the property over the weekend. Moved by Morgan, seconded by Camacho, the hearing be continued to January 4 7:45 p.m. Carried by unanimous vote. 12/21/76 250 UNFINISHED BUSINESS The request of RAMON GODINEZ for a permit to OPERATE A FOOD VENDING TRUCK parked in a public roadway adjacent to National City Swap Meet during the length of operation of the Swap Meet was presented. Coun- cilman Camacho said he met with Mr. Godinez prior to the meeting and told him of the County's ordinance which would prohibit compliance with his request. Ordered filed by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 24, dated December 21, 1976, in the amount of $43,936.67 (warrants nos. 56414 through 56473) was presented. Moved by Reid, seconded by Camacho, the warrant register be ratified. Carried, by the following vote, to -wit Ayes: Camacho, Dalla, Pin- son, Reid, Morgan. Nays: None. The original application for ON --SALE BEER AND WINE, EATING PLACE (Type 41) LICENSE by Alice F. and Glenn N. King, dba CAT FISH HUT #2, 3120 Plaza Blvd., was presented. Moved by Pinson, seconded by Camacho, it be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. The original application for ON -SALE BEER AND WINE, EATING PLACE (Type 41) LICENSE by Herbert L. Porter and James L. Wilder, dba LONG JOHN SILVER'S SEA FOOD SHOPPE, 1705 Highland Ave., was presented. Moved by Pinson, seconded by Camacho, in favor of the application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. The TRAFFIC SAFETY COMMITTEE'S recommendations from its regular meet- in g of December 8, 1976 (a. The detailed plan of the proposed new street ['linking 12th and "D" to 14th and Highland] submitted by the Community Development Commission be approved; b. An additional 24' of red curbing be installed on the south side of 8th Street near "F" Avenue rHebrew Day School]; c. An additional 48' of red curbing be installed on the east side of "L" Avenue at 21st Street [Inter -City Apartments]; d. The following route change for San Diego Transit be approved: From: right 20th Street; left "K" Avenue; left 21st Street; left "L" Avenue To: right 21st Street; left "K" Avenue; left 22nd Street; e. Approximately 110' of red curbing be installed on east side of "L" Avenue from 30th Street northerly to the alley.) was presented. City Engineer Hoffland said item b was requested by San Diego Transit. Moved by Camacho, seconded by Pinson, the recommen- dations be approved. There was discussion. Carried by unanimous vote. The HOUSING ASSISTANCE PLAN current year goal for LOWER INCOME HOUSING ASSISTANCE amendment dated December 21, 1976 for the program year July 19, 1976 to May 19, 1977 was presented. Moved by Pinson, secon- ded by Reid, it be approved. Carried by unanimous vote. The COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM third year application and Grantee Performance Report for Second Year Community Development Block Grant Program were presented. Moved by Reid, seconded by Cam- acho, they be approved. Carried by unanimous vote. The Purchasing Division's recommendation for AWARD OF BID (NO. GS7677- 1) for AUTOMOTIVE EQUIPMENT (1. One diesel tractor with 1-yard loader and 15-foot backhoe; 2. one five -yard dump truck; 3. one four -door com- pact sedan; 4. seven four -door police sedans; 5. one mini pick-up truck; 6. two sub -compact station wagons; 7. one 3/4 ton pick-up truck) stating in part: "...due to cost advantages, other law enforcement agency experience and the fact that the Intermediate Le Mans will be discohtinued next year that the City acquire 4 additional Le Mans and 3 Nova Police specials.." was presented. Acting City Manager McCabe said the Purchasing Department and Chief of Police Kanagy were resent to speak; the bids were thoroughly p analyzed; approved out of Revenue Sharing Funds and there x police vehicles were are seven vehicles 12/21/76 251 here; some vehicles were traded within the City, Planning and Housing receiving two; now only need one plus which there is a surplus because of low bid on the backhoe; he would recommend purchasing seven instead of six Indwolid further recommend the proposal as it stands. Moved by Morgan, seconded by Camacho, to approve the Manager's recommendation Chief of Police Kanagy spoke in regard to the recommendation, stating his concerns on purchase of three Novas based on the experience of other agencies, the size of the vehicle, the morale of the police officers who have to spend long hours in the vehicles and urged Council to consider the purchase of seven Le Mans. There was discussion.. Moved by Pinson, seconded by Camacho, the motion be amended to allow the Police Department to purchase seven Le Mans. There was further discussion. Amendment carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Motion carried by unanimous vote. CONSENT CALENDAR Items 25 and 26, Planning Commission Resolutions to become effective Dec. 22, 1976 unless appealed by the applicant or City Council: (25) Resolution No. 61-76, approving an application for PLANNED DEVELOPMENT PERMIT to allow development of a CONVENIENCE SHOPPING CENTER, single story in height, containing 20,040 square feet on property located within the 3400 block of Plaza Boulevard, north side (applicant, Winfred Dudley) and (26) Resolution No. 62-76, approving an applica- tion for CONDITIONAL USE PERMIT to reduce the required REAR YARD SETBACK from 25' to 18' to allow a single story room addition within an area of the rear yard presently occupied by an attached unenclosed patio at 34 "U" Avenue (Applicant, Benjamin B. Felizardo) were pre- sented. Moved by Pinson, seconded by Camacho, they be filed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS The request of CARL. A. CHASE, 1602 East 4th Street, that the City provide DRAINAGE PIPE for construction of drainage system across the width of property at the SW corner of 4th and Palm was presented. City Engineer Hoffland said policy was to provide the pipe if the property owner would install it; there would be a cost of about $725 for 85' of pipe. CARL A. CHASE was present and said he was trying to develop the property and drainage is required before it could be done; he would install the drainage. Moved by Camacho, seconded by Pinson, in favor of the request. Carried by unanimous vote. The LOCAL AGENCY FORMATION COMMISSION'S request that the City appoint a new representative for the Cities Advisory Committee was presented. Mayor Morgan recommended that Tom McCabe, the Acting City 'Manager, be appointed. Moved by Pinson, seconded by Camacho, in favor of the Acting City Manager. Carried by unanimous vote. COUNCILMAN PINSON'S recommendation the City terminate its lease agree- ment with San Diego County for COURT FACILITY for eight reasons was presented. Moved by Morgan, seconded by Camacho, it be filed. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Pinson. REPORTS City Manager's Report - None. Planning Report The Planning Staff's recommendation that a RESOLUTION OF INTENTION TO VACATE a portion of 24TH STREET between the easterly line of Prospect Street and the westerly line of Euclid Avenue and the Planning Commis- sion!_s recommendation be considered at the time of the hearing set be the resolution was presented. Moved by Camacho, seconded by Pinson, 12/21/76 252 it be referred to the City Attorney. Carried by unanimous vote. COUNCIL COMMUNICATIONS Mayor Morgan spoke in regard to the expansion of the survey areas for E. J. Christman Industrial Park and Center City redevelopment projects and suggested further action. Moved by Pinson, seconded by Camacho, these two items be referred to the Planning Commission for General Plan changes. Carried by unanimous vote. Councilman Dalla spoke in regard to the interim urgency ordinance (No. 1549) and requested the property owner/developer be advised of its adoption. Asst. Planning Dir. Gunnarson said he would take care of it. Mayor Morgan spoke of the death of L. M. Pepper (who owned the first business located within the Port District area and who foresaw the need for a pier and started building one before the Port took over) saying it was a great loss to the City and he would be missed. Mayor Morgan wished everyone a Merry Christmas and a Happy New Year. Moved by Camacho, seconded by Reid, the meeting be adjourned to January 4, 1977. Carried by unanimous vote. The meeting adjourned at 9:21 p.m City Cle_ City o National City, The foregoing minutes were approved by the City Council of National City, California, at the regular meeting of 4, 1977. 0 Corrections ENo correctio, May City of National City, California California of the City January 12/21/76