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HomeMy WebLinkAbout1979 01-09 CC MIN72 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 9, 1979 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, Van Deventer, Waters, 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 Dr. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded bic4macho, the minutes of the regular meetings of December 12, 19, 26/andanuary 2, 1979 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation, "VOLUNTEER BLOOD DONOR MONTH," January 1979. Moved by Camacho, seconded by Waters, for the adoption of this Resolution. Carried by unanimous vote. MAYOR'S APPOINTMENTS Mayor Morgan's proposed reappointments of Luther Reid to the Street Tree and Parkway Committee; Martha Smith to the Senior Citizens Advisory Board; James E. Dyer and Cliff Bailey to the Traffic Safety Committee; and Barbara Strahan as Chairman and Daniel Murphy as Vice Chairman of the Committee for Housing & Community Development were presented. Moved by Waters, seconded by Van Deventer, all recommendations be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS MRS. JOHNNIE TIPP, 3055 E. 20th Street, was present and inquired about the petition for the 1911 Act improvement of 19th Street between Granger and Rachael; she has tried to find out the date of the petition the City is working on. ROBERT ONLEY, Civil Engineer Associate, stated the City received a petition and some people came in to take their names off the petition and others came in to put their names back on; the City Attorney advised the City will go with the original petition because that is what was accepted by Council and he will make that available to Mrs. Tipp. Mrs. Tipp stated she received a letter dated December 27th stating that if she did not sign the Grant Deed mentioned in the letter by January 30th, Council would take thejoint,-owners to court under the condemnation route and take the property; Mrs. Tipp stated if Council proceeds with this, they should be aware of the fact that the State of California is the legal owner of the property. ANN SCOTT, 415 "E" Avenue, representing the National City American Little League, was present to request $500.00 from the City to assist them to get started this year. Mayor Morgan stated the Leagues are sponsored by individual sponsors and not the City. Ms. Scott stated they have had difficulty in the past and would appreciate any assistance. Mayor Morgan stated he and Vice Mayor Camacho would be willing to meet with them and assist them in any way possible, but it would be impossible to set a precedent by sponsoring teams. MARK MARTINEZ, 5033 Wilson Avenue, President of the American Little League, was present and said he heard 1/9/79 73 there was a possibility of their cat field would be taken away for use as a soccer field. PUBLIC HEARINGS The Continued HEARING on APPEAL of the Planning Commission's DENIAL of application for PLANNED DEVELOPMENT PERMIT to allow development of a 2-story duplex at rear of 1819 "K" Avenue, PD-121 (at their December 19, 1978 Council meeting, Council took action to hold this matter over to their meeting of January 9, 1979 and directed the applicant to bring in new plans indicating single -story construction for staff review and report) was held at this time. Planning Director Gerschler stated Council has before it a plan showing a single story duplex and a staff analysis of the plan in which it is pointed out that there are five specific design problems where the Code is not complied with and five design analysis problems that could probably be resolved with a little more design effort; he has not had an opportunity to discuss these issues with the applicant and would recommend denial of the plan this evening and give him an opportunity to meet with the applicant. Moved by Van Deventer, seconded by Dalla, we hold this over for one week and continue the public hearing. Carried by unanimous vote. The HEARING on PROPOSED PREZONING OF PROPERTY AT 3110 SWEETWATER ROAD to RS-2-PUD-D-10, single family residence -planned unit development - density 10, ZC-30-78 (this case involves the prezoning of property proposed for annexation to National City and is a follow-up to GP-3-78 wherein the Planning Commission recommended that the general plan be amended to designate the site as "Residential 6-10 Dwelling Units/Acre"; the site contains 1.9 acres and is located on the southerly side of Sweetwater Road adjoining the easterly side of the proposed Bonita Shopping Center; it now contains one single-family dwelling; the proposed zoning would allow for single-family condominium type dwelling units, or for a conventional subdivision of detached single-family dwellings) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated the Planning Commission recommended approval. WILLIAM WHEATLEY, whose parents own the residence south of the property, was present and asked if the developers would be using the macadam easement on their property for their trucks and heavy equipment. Mr. Gerschler stated that before the property can be developed another plan will be submitted and a hearing will be held, at that time conditions could be attached to eliminate any problems. No one else was present in this regard. Moved by Camacho, seconded by Waters, the hearing be closed and the prezoning on property at 3110 Sweetwater Road to RS-2-PUD-D-10, single family residence -planned unit development -density 10 be approved and all the Commission's recommendations. Carried by unanimous vote. The HEARING on EXTENSION OF INTERIM ORDINANCE NO. 1617, adding Planning Development Combining Zone to all RM-1 zoned properties in National City (Planning staff recommended Interim Ordinance No. 1617 be extended for one year and the Planning Commission be instructed to begin permanent zone change proceedings; a review of the files raises some slight question about the adoption of this ordinance and in order to avoid any challenge to its validity in the future and the adoption of a new urgency ordinance as well as the extension of this Ordinance is recommended) was held at this time. City Clerk Campbell stated the Certificate of Publication is on file. Planning Director Gerschler stated the Planning Commission a and staff urges Council to extend the overlay planned development zoning for multiple family zoning throughout the City and also instruct the Planning Commission to begin proceedings to make this zoning permanent. No one was present in this regard. Moved by Van Deventer, seconded by Camacho, we extend this Ordinance 1617 for another year and to have staff move in the direction of the Planning Commission recommendations and close the public hearing. Carried by unanimous vote. (City Manager Gill left Chambers at 7:56 p.m. and returned at 8:01 p.m.) 1/9/79 74 The HEARING on RESOLUTION OF INTENTION NO. 12,919, ALLEY BETWEEN "A" AVENUE TO "B" AVENUE, 20th Street to 21st Street, Assessment District No. 196, was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavits of Mailing and Posting were on file. Robert Onley, Civil Engineer Associate, was present and directed Council's attention to the map of the district detailing the exterior boundaries of the district and the proposed improvements. Mx. stated the total estimated cost of construction is $12,302; total incidental expenses, $2,745; total assessment, $15,047; total City contribution, $3,030; total amount to be assessed, $12,017; one protest had been received from Mrs. Christina Bowman, 438 Rose Drive who protested the cost of the alley between 21st and 20th Street on 119 E. 21st Street; the improvement consists of concrete alley improvements, drain- age and paving. MRS. BOWMAN, was present and stated the people in the area have low incomes and she doesn't feel they can afford this; she initiated the petition on behalf of her tenant who is allergic to the dust from the alley; she now feels these people can't afford to pay. No one else was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing on Resolution of Intention No. 12,919 the alley between "A" Avenue to "B" Avenue, 20th Street to 21st Street, Assessment District No. 196 be approved and all stipulations of staff be adhered to and the public hearing be closed. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,950, "VACATION OF 24TH STREET BETWEEN THE EASTERLY LINE OF PROSPECT STREET AND THE WESTERLY LINE OF EUCLID AVENUE (FORMERLY ORANGE STREET)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,950 be adopted. Carried by unanimous vote. Resolution No. 12,951, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Valley View Sanitarium & Rest Home - Charles I. Cheneweth, V.P., General Manager, 2239 East 8th Street).' Moved by Van Deventer, seconded by Camacho, Resolution No. 12,951 be adopted. Carried by unanimous vote. Resolution No. 12,952, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (Building in drainage easement at 2124 & 2128 Rachael Avenue - William Gretler)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,952 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 12,953, "RESOLUTION ACCEPTING STATEMENT OF UNDERSTANDING AND DIRECTING THE RECORDING THEREOF (Flood Hazard Acknowledgement - Jesse E. & Sharon M. Van Deventer, William J. & Estelle Reyes, 106 E. 17th Street)." Moved by Camacho, seconded by Waters, Resolution No. 12,953 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstain: Van Deventer. Resolution No. 12,954, "RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE APPROPRIATION AND TRANSFER OF FUNDS FOR THE RE -ROOFING OF LIBRARY." Moved by Waters, seconded by Camacho, Resolution No. 12,954 be adopted. Carried by unanimous vote. Resolution No. 12,955, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 1978 FEDERAL AID URBAN MULTIYEAR PROGRAM." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,955 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Van Deventer, the first reading be by title only. Carried by unanimous vote. 1/9/79 75 Ordinance No. 1/9/79-1, "Pursuant to Land Use Code (ZC-14B-78, to rezone from RM-1-D-10 to RT-D-10 properties at 2941, 2945, 2955, 2961, 3011-45, 30401/2, and 3051 Baker Place and the vacant parcel adjoining the easterly side of 2945 Baker Place)." Ordinance No. 1/9/79-2, "Pursuant to Land Use Code (ZC-27-78, to rezone from RM-1-PD to CBD property at 222 Plaza Boulevard)." Ordinance No. 1/9/79-3, "Pursuant to Land Use Code (ZC-11A-78, to rezone from RM-1-D-10 to RT-D-10 properties on the northerly side of Ridgeway Drive -- 2305 through 2447 inclusive, on the southeasterly side of Prospect Street -- 2519 through 2545 inclusive, vacant parcel at the southwest corner of the intersection of 24th Street and Euclid Avenue and adjoining the vacant parcel)." Ordinance No. 1/9/79-4, "Pursuant to Land Use Code (ZC-15-78, to rezone from RM-1-D-10 to RT-11-10 properties on the easterly side of Alta Drive -- 3211 through 3239 inclusive, and vacant parcel adjoining the northerly side of property at 3211 Alta Drive)." ORDINANCE FOR ADOPTION (second reading) Moved by Camacho, seconded by Waters, these Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1658 (1/9/z9-5), "ORDINANCE TO ADD PLANNED DEVELOPMENT COMBINING ZONE TO ALL RM-1 ZONED PROPERTIES IN NATIONAL CITY, AND ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE, AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1658 t1/9/g9-5.) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 24, dated January 9, 1979, in the amount of $91,060.29 (Warrants Nos. 63701 through 63751) and payroll for the period ending December 15, 1978 in the amount of $167,117.48; WARRANT REGISTER 25, dated January 9, 1979, in the amount of $92,785.46 (Warrants Nos. 63752 through 63795); WARRANT REGISTER NO. 26, dated January 9, 1979, in the amount of $29,515.22 (Warrants Nos. 63796 through 63861) and payroll for the period ending December 31, 1978 in the amount of $175,431.79 was presented. Moved by Camacho, seconded by Waters, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. Item 19, Claim Item 20, Claim Item 21, Claim Item 22, Claim Franco Joseph, Corey; all (20 25, 1978; and, Item 23, Claim for Damages of Andy M. Bellknap alleging he was bitten by a Police Department dog, were presented. Moved by Camacho, seconded by Van Deventer, these be denied and referred to the City Attorney. Carried by unanimous vote. The City Engineer's recommendation to APPROVE DEFERRAL OF ALLEY PAVING adjacent to 1907 "B" Avenue, Roy Dickey (the property owner has an obligation under Ordinance No. 1491 to improve an alley along his frontage there is an existing temporary pavement on the alley that is in good condition; the owner has agreed to sign a Covenant not to protest a 1911 Act for alley improvements) was presented. Moved by Waters, seconded by Van Deventer, this request for deferral of alley paving, adjacent to 1907 "B" Avenue, Roy Dickey be approved. Carried by unanimous vote. 1/9/79 for Damages of Emily Kimball Duff; for Damages of Lynne A. Kimball; and, for Damages of Janice and Sharon Smith; for Damages of Debra Linn, Robert Edward, Gabriel Nolasco, Alice, Armando, and Ronald Guerrero; and Sandra Guerrero through 22) resulting from the air disaster on September 76 James Hardesty's tkrdesty Homes, Inc.) request to RAZE A HISTORIC BUILDING (the request is to raze two single family residential buildings at 940 Palm Avenue; one of the buildings is known as an historic building, the E. Aylemorth House; these buildings will be removed to expedite the construction of a 50-unit condominium residential project; the historic building has lost its historic value due to additions, remodels and other structural changes) was presented. Moved by Camacho, seconded by Van Deventer, this request be granted. Discussion. Carried by unanimous vote. National City Chamber of Commerce's request to serve alcoholic beverages in the Kimball Community Building (the Chamber will hold its Annual Banquet in the Community Building 1/27/79; approximately 200 persons are expected to attend; liability insurance for this event has been issued by Guy and Guy Insurance Agency; staff recommends approval of this request) was presented. Moved by Waters, seconded by Camacho, in favor of the Chamber of Commerce's request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. OTHER BUSINESS TRAFFIC SAFETY COMMITTEE Recommendations from the December 13, 1978 meeting ([1] install left -turn refuge lane on 8th Street at "D" Avenue; requires 120 feet of red -curb at the northeast, northwest and southwest corners; [2] install left -turn refuge lane on 8th Street at Harbison Avenue; requires 120' of red curb on all four corners; [3] install left -turn refuge lane on Plaza Blvd. at "D" Avenue; requires 120' of red curb on all four corners; [4] install "Blue" curb and "Handicapped Parking" for one parking stall in front of 219 E. 8th Street; [5] install red curbing on north side of 14th Street between "E" Avenue and "F" Avenue; west side of "E" Avenue, between 14th and 15th; north side of 15th Street, between "D" and "E"; [6] install temporary barricades on Olive Avenue at Plaza Blvd. that will prohibit through traffic on Olive but will permit access to Plaza; this is for a 60-day trial period) were presented. Moved by Morgan, seconded by Van Deventer, we approve items 2, 3, 4, 5 and 6. Discussion. Carried by unanimous vote. Moved by Morgan, seconded by Van Deventer, we disapprove item 1. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. (City Attorney McLean left Chambers at 8:20 p.m. and returned at 8:22 p.m.) OTHER STAFF ASST. CITY MANAGER MCCABE reported the Coastal Commission approached the City and asked for the loan of a City employee (who is in a program that is about to end) until June 30th; the employee would work directly for the Coastal Commission and would be funded by the Commission; the only part the City would play is as a pass -through agency for the funds to pay the employee; it would be of great benefit to the individual since he would shortly be out of a position and would aid the Coastal Commission; and, as such, he would recommend Council ask the City Manager' office to arrange an agreement with the Commission to make this possible. Moved by Camacho, seconded by Van Deventer, in favor of the Assistant City Manager's recommendation. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. CITY CLERK CAMPBELL stated during the current year two positions had been budgeted in the Clerk's Office and one position budgeted under ARFA; as of Monday the ARFA program will no longer be funded and the office would lose an employee; there is an urgency to this as the individual filling the ARFA position has another job opportunity; because of the burden this places on the office, she requests keeping this individual; 1/9/79 77 the only way this could be done would be by having Council authorize an added position within the Clerk's office. Discussion. Moved by Waters, seconded by Camacho, in the event she would accept a temporary position that the City Manager be authorized to keeper en until budget time. City Manager Gill stated this would amount to two 90-day appointments. Carried by unanimous vote. MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER asked Council's consideration of a program relative to graffiti within the City; there is a program called "Kids Graffiti" from the court referral department wherein kids caught doing this sort of thing work off their debt to society by painting over graffiti; the paint would be provided and the City would supply the supervisor to oversee the project; he recommended Council's consideration of this. Moved by Camacho, seconded by Van Deventer, the City Manager be authorized to work this program out and bring it back with a recommend- ation. Discussion. Carried by unanimous vote. COUNCILMAN VAN DEVENTER stated at next Monday's meeting of CPO there will be a discussion re Proposition 13 and what the various cities' feelings are as far as additional sales tax revenue, the second cent; there are two factors to consider as fax as what the City could receive if this is based on population against (origin of) sales tax; if an additional cent came to the City based on population the City would receive $2,496,000.00; based on (origin of) sales tax, the City could receive $3,829,000.00; the problem facing National City is that the County of San Diego is going to lose approximately $12,000,000.00 if allocation is based on (origin of) sales tax; he wants Council to be aware of this and comment on it before the Monday meeting. Mayor Morgan stated when the State talks about local government they are also talking about special districts, fire districts, etc.; no matter how they would do it, we won't get our fair share because a lot of it will go to other districts; we'll take the money. COUNCILMAN DALLA stated the City Manager made a report to Council concerning recommended appointments to positions that are either vacant or of temporary status (Document No. 62718); Council should bear in mind that June will be here very soon and everyone is speaking about how concerned they are about the finances of the City; the past history of this Council indicates they are not willing to deal with permanent positions or positions that are occupied by employees that have been with the City for any length of time; we've discussed eliminating positions at the next budget time; since the positions that are discussed in the recommendation are not presently filled, if we deal with them now it won't become necessary at a later date to be dealing with filled positions; every vacancy that has occured has been filled so Council hasn't really pared anything down; we're going to face the music in June; he has some reservations about some of the recommended appointments in the report believing that some can be eliminated and adjustments made. Discussion. COUNCILMAN WATERS stated he understood the Council was to have quarterly meetings relative to the finances of the City and that a meeting of the Finance Committee was to be called; he understands the City is having a good year. Councilman Van Deventer requested City Manager Gill provide Council with a preliminary report on the City's finances. City Manager Gill stated he has provided a quarterly report to Council; the 6-month report is due and the computer runs have been finished and Council will have that report soon; as far as calling a Finance Committee meeting, that is done by Council. VICE MAYOR CAMACHO asked Planning Director Gerschler what is being done about the Day Care School on 18th Street. Mr. Gerschler stated the Planning Commission has made a format finding of violation; that violation 1/9/79 78 has been referred to the legal department for action; the operators of the Day School are proceeding with a permit application which will come before Council which requires an environmental impact report and a hearing has been scheduled on that soon; notice has been given to neighboring property owners ho seem to be concerned and they'll have an opportunity to come and testify at the hearing on the environmental impact report and a month or two later the hearing on the Conditional Use Permit; the Council at a recent meeting elected to direct the legal department to withold action on the complaint until this has been finished and they are proceeding; as of now the violation continues. Moved by Waters, seconded by Dalla, the meeting be closed. Carried by unanimous vote. The meeting closet 8:45 p.m. CITY CL CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council on January 16, 197<_ No corrections 0 Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/9/79