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HomeMy WebLinkAbout1979 05-15 CC MIN171 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 15, 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: Ballard, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Hubert Campbell. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, the minutes of the regular meetings of May 1, 1979 and May 8: 1979, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation, "NATIONAL PUBLIC WORKS WEEK," May 21-27, 1979. Moved by Camacho, seconded by Van Deventer, for the adoption of this proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Ron Ballard, Director of Public Works. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of Michael R. Dalla as Vice Mayor, for a one-year term, was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's appointment. Moved by Dalla, seconded by Waters, the motion be amended to a term that would terminate the first Tuesday in April 1980. Amendment and motion carried by unanimous vote. Mayor Morgan commended Mr. Camacho for his fine job as Vice Mayor and his work in connection with the Sister City Program. PUBLIC ORAL COMMUNICATIONS THOMAS HARKINS, 4376 Polk Avenue, San Diego, was present and requested Council reconsider his request for a TAXI PERMIT to operate within the City. Mr. Harkins stated the problem with Council is "favoritism", "protectionism" and "provincialism" in their outlook on taxi permits; he objects to this; there is only one group that benefits from this policy and that's Diamond Cab. Discussion. Mr. Harkins requested Council action on his request. Moved by Waters, seconded by Dalla, we approve it. Motion failed, by the following vote, to -wit: Ayes: Dalla, Waters. Nays: Camacho, Van Deventer, Morgan. ALFRED HLAWATSCH, 905 E. 13th St., was present and stated he wished the record to reflect that Mr. Theo Lamb desires to buy the land at 24th and National and is willing to tender the check for $200,000 or to offer to deliver the cash to the Community Development Commission; time is running out. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Waters, these be read by title only. Carried by unanimous vote. Resolution No. 13,040, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (3329 Orange Street - Riddle)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,040 be adopted. Carried by unanimous vote. Resolution No. 13,041, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE CITY'S ADOPTED "BACKGROUND AND GUIDELINES FOR ENVIRONMENTAL IMPACT REVIEW" (CITY CLRRK'S DOCUMENT NO. 55588) BY MODIFYING THE ADMINISTRATIVE PROCEDURES AND DUTIES OF THE ENVIRONMENTAL IMPACT COMMITTEE." Moved by Morgan, seconded by Waters, Resolution No. 13,041 be adopted. Discussion. Carried by unanimous vote, 5/15/79 172 Resolution No. 13,042, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING AND ALLOCATING $200,000 FOR A LOAN TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA FOR MORGAN TOWERS, 1415 "D" AVENUE, NATIONAL CITY, CALIFORNIA." Moved by Camacho, seconded by Waters, Resolution No. 13,042 be adopted. Carried by unanimous vote. Resolution No. 13,043, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP ON PROPERTY LOCATED SOUTH OF 16TH STREET AND WEST OF LANOITAN AVENUE (Morning Breeze Subdivision)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,043 be adopted. Carried by unanimous vote. Resolution No. 13,044, "RESOLUTION OF AWARD OF CONTRACT (Traffic Signal at Plaza Boulevard and Euclid Avenue, Specification No. 854)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,044 be adopted. Carried by unanimous vote. Resolution No. 13,045, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO INCREASE BUDGET FOR CONSTRUCTION OF SIGNAL LIGHTS." Moved by Waters, seconded by Van Deventer, Resolution No. 13,045 be adopted. Carried by unanimous vote. Resolution No. 13,046, "RESOLUTION OF AWARD OF CONTRACT (Improvement of Edgemere Avenue, Specification No. 898)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,046 be adopted. City Engineer Hoffland stated this would raise the elevation of the roadway four feet at its lowest location; during the last heavy rainstorm this would have kept the roadway high and dry; it does not quite meet the 50 year flood level; this is a permanent improvement; if Rte. 54 and the Sweetwater River Flood Channel are approved as expected, the Army Corp. of Engineers will do some construction at the south end of the roadway; federal guidelines do not require that streets be above the 100 year flood level, they deal more with the building structures and contents, parking lots and streets can be below that; the economics of raising this an extra foot are not too significant but there would be problems meeting the driveways that abut the west side. Concern was expressed regarding the spending of $100,000 if there is rain three months later that overflows the improvement ...if it's a matter of an extra foot, this is the time to do it. City Engineer Hoffland recommended Council proceed with this contract and staff will come back with a Change Order to raise the grade and the costs based on the contractor's estimate. Discussion. Carried by unanimous vote, Resolution No. 13,047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO ESTABLISH A NEW BUDGET FOR THE IMPROVEMENT OF EDGEMERE AVENUE." Moved by Van Deventer, seconded by Waters, Resolution No. 13,047 be adopted. Carried by unanimous vote. Resolution No. 13,048, "RESOLUTION AUTHORIZING EXECUTION OF BUS LEASE AGREEMENT BETWEEN CITY OF NATIONAL CITY AND SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,048 be adopted. MR. BURROWS, Manager, National City Transit, was present and stated MTDB purchased 15 buses from the Denver RTD pool; National City is slated to lease eight buses; the balance will be held by MTDB for use by any agency in the area that is interested in leasing them; he sees no difficulty in getting the buses they need. Carried by unanimous vote. ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Van Deventer, this be by title only. Carried by unanimous vote. Ordinance No. 1683 (S/g/9-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-6-79, to add PD [Planned Development] Combining Zone to all RM-1 [Residential Multiple Zoned properties in National City as shown on National City Zoning Map no. 1)." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1683 ( /8/;9-1 be adopted. Carried by unanimous vote. 5/15/79 173 COUNCIL REFERRAL Asst. City Manager Ballard's report on EXTENSION OF LIBRARY HOURS (on 4/10/79 Council requested a study on the possibility of extending the hours into the evenings; a report from the Librarian indicates that a.m. hours cannot be traded for p.m. hours due to school visitation program; Plan A [as outlined on Document No. 63340] would extend evening hours by adding a total of four hours to the schedule at a cost of $5,900 annually; Plan B [as outlined on Document No. 63341] would add an additional eight hours to the library schedule at a cost of $35,000 annually) was presented. Moved by Dalia, seconded by Van Deventer, for the adoption of submitted Plan A. Carried by unanimous vote. A head count during the extended hours in the period between now and July 1 was requested. Asst. City Manager Ballard stated a survey would be done during this time to get a fix on it. OLD BUSINESS City Engineer Hoffland's recommendation to restore TWO-WAY TRAFFIC on 12TH STREET from Palm Avenue to "R" Avenue (Council directed that the property owner be notified of the proposed red curb necessary on the north side of 12th at Palm Avenue; Mrs. Lee Miranda, owner of 1121 Palm Avenue was contacted; she poses no objection to the 15 feet of additional red curb needed to accommodate the two-way traffic; she also would prefer to have the two-way traffic restored; staff recommends approval) was presented. Moved by Waters, seconded by Camacho, in favor of the recommendation. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 44, dated May 15, 1979, in the amount of $54,463.62 (Warrants Nos. 64915 through 64959) was presented. Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. Item 15, CLAIM FOR DAMAGES from Matthew Burns alleging damages as a result of driving vehicle into uncovered drain on 12th Street west of Avenue; and, Item 16, CLAIM FOR DAMAGES from Chula Vista Mobile Home Park and Industrial Indemnity Company alleging damage by water released from the Sweetwater Reservoir was presented. Moved by Camacho, seconded by Van Deventer, these be denied and referred to the City Attorney. Carried by unanimous vote. "Art General Services Division's recommendation to AWARD BID #G.S. 7879-3 for one truck MOUNTED CONTINUOUS SEWER RODDER to Southwest Sewer Equipment Company, Whittier, in the amount of $25,424.52 (bids were solicited from three vendors after extensive market research; there were two respondents, one of %•hich was returned "no bid"; the respondent that returned a priced bid met all the specifications) was presented. Moved by Waters, seconded by Van Deventer, we better buy this. Carried by unanimous vote. City Engineer Hoffland's recommendation to approve DEFERRAL OF STREET IMPROVEMENT requirements adjacent to 1200 E. 28th Street, Frame (the property owner has an obligation under Ordinance No. 1491 to install up to $800 worth of street improvements; this is insufficient to accomplish street paving or gutter installation; property owner has offered to sign a Covenant not to protest a 1911 Act for improvements as a guarantee of future installation) was presented. Moved by Camacho, seconded by Morgan, in favor of the Engineer's recommendation. Discussion. Carried by unanimous vote. OTHER BUSINESS PLANNING Degen/Hall Development revised site plans for Company's request for City Council approval of Las Palmas Park Villas, 24th Street, west of Newell 5/15/79 174 Avenue (on 3/28/78 Council approved the issuance of a planned unit development permit for Las Palmas Park Villas, a 140 unit condominium sub- division on a 7-acre site; condition of approval 2b of that permit required that development of the subject property would be in accordance with the site plans submitted; on 10/25/78 the original project proponent, Dr. Gerald Handier submitted building plans for approval of building permits; the submitted plans complied with the approved P.U.D. site plan; on 4/20/79 the Degen/Hall Development Company, acting as the new project proponents, submitted revised building plans to the Building Department for building permit approval; these revised plans propose the development of a swimming pool and patio area, replacing the decorative pools and waterfall indicated on the approved P.U.D. site plan; the Planning Depart- ment is unable to approve building plans which do not comply with the site plan; for this reason the Degen/Hall Development Company is requesting that Council make a finding that the changes shown on the revised plans do not represent a significant change from the approved P.U.D. site plans; should Council make such a finding, it would provide for the issuance of building permits for the revised building plans; staff cannot support the proposed design change from garden -style reflection ponds and water- falls to an intensive swimming pool recreation area because the added noise, activity and commotion would jeopardize the quiet atmosphere this project was originally designed for; the close proximity of Las Palmas Park and the municipal swimming pool can reasonably be expected to fulfill the active recreation needs of the residents within this project; the garden -type atmosphere, with proper maintenance will be a valuable amenity) was presented. Moved by Camacho, seconded by Van Deventer, I object to this. GERALD HANDLER, 6167 Capri Drive, San Diego, was present and stated they are asking for a minor revision in the landscaping plan to change the decorative pools to a swimming pool; everything else will remain the same; the decorative pools do not meet the VA requirement for financing; financing has changed quite a bit since they came to National City; money is not available to fund the project conventionally so that you could sell to people other than the elite -type person who would have to come in with 20% down and be able to afford 11% interest. Dr. Handler said in order to get VA approval, to be able to obtain low down payment and low interest rates for the people who can afford to live in them, it is required that there be a swimming pool in the project; another require- ment is that it must be open to everybody, children as well as adults; the original project had ponds that were not fenced, you can't have children in a project with waterfalls and so forth and not have it fenced; the swimming pool area will be fenced, there will be bathroom facilities and dressing room facilities adjacent to the pool area; this will be required for the VA for financing; with the money market the way it is, there's no way that they can offer this project to the people they think should be living in it; they won't be able to afford because of the high requirements for conventional financing. Dr. Handler placed a diagram of the landscaping on the board for Council's information. JACK BALISTRERI, in-house counsel for Degen/Hall Development Company, was present and apologized for this matter not coming before Council before now. Dr. Handler stated the grading is finished and they are ready to start; the financing dries up if they don't get this; they are ready for the permits to start pouring the slab. Discussion regarding two previous problems in the City; changes shouldn't be made without having proper time to study them; these are major changes rather than minor ones. City Attorney McLean stated the question is whether or not the change in the plans is a minor revision; if Council makes that determination, staff can simply issue building permits; if Council does not agree that this is a minor revision then there is a set of City laws that apply to the future processing of this project; staff is not asking Council to pass on the shape of the project. City Attorney McLean advised Dr. Handler that if Council does not agree with the revision, the Planned Unit Permit will have to be modified according to the terms and provisions of City law. Dr. Handler requested Council postpone for a week their decision on this to compare the old landscape plan with the new one to determine whether this is a major revision or a minor one. There was further discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. 5/15/79 175 The Planning Department's recommendation regarding CERTIFICATION OF POPULATION ESTIMATE for National City (the estimate of the 1/1/79 total population for National City, prepared by the State Department of Finance, is 48,100, up 1,450 over 1977; staff recommends Council instruct the City Manager to submit a request to the State Department of Finance for certificate of the new figure) was presented. Moved by Camacho, seconded by Van Deventer, the City Manager be authorized to submit whatever he has to the state. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 32-79, denying application for planned development permit to allow development of a 26-unit apartment complex on the west side of "V" Avenue, between 5th Street and 7th Street, PD-127. City Clerk Campbell reported an appeal was received. Moved by Dalla, seconded by Camacho, this be set for hearing. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE Recommendation from the TRAFFIC SAFETY COMMITTEE'S May 9, 1979, meeting to paint 25 feet of red curb at each curb approach to the intersection of 7th Street and "B" Avenue was presented. City Engineer Hoffland stated four people would be affected by this, three of the four owners were contacted and indicated support for this project; the Traffic Safety Committee received a report that indicates traffic patterns in the area are low, the accident record seems to be high, the reason for this is the poor sight• distance; there is an Ordinance that allows staff to put 25' of red curb near a corner where visilibity is obscured; the speed limit in an intersection where the sight distance is less than 100' in each direction is 15 miles an hour; this is an attempt to increase the visibility and cut down on the accidents. Moved by Morgan, seconded by Camacho, we approve this. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Morgan. Nays: Waters. CITY TREASURER/FINANCE DIRECTOR Financial Statement for month ending April 30, 1979 was presented. Moved by Camacho, seconded by Van Deventer, it be filed. It was stated City Treasurer Kerr has done a fine job and she should keep up the good work. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER reported CPO will discuss two items Monday and he needed Council direction: One of the items is AB 551 which would create the South County Transit Authority; he has spoken to the City Manager regarding this and he feels that we should support it. Moved by Morgan, seconded by Camacho, in favor. Carried by unanimous vote. Mr. Van Deventer continued the other item is A-95, Federal Spending, there has been much discussion at CPO regarding this; CPO staff recommends support of the proposed reductions, one of which would be the cut back in CETA spending. City Manager McCabe stated this is an attempt to control the federal funding on the basis that federal spending should be reduced to help balance the federal budget; he recommends that Council not support this; the City relies greatly on federal funding which is, in fact, a passing back of taxes to the citizens of National City. Moved by Van Deventer, seconded by Camacho, we don't support the A-95 review at present. Carried by unanimous vote. 5/15/79 176 COUNCILMAN CAMACHO stated our Sister City has invited Council to visit their fire facilities Thursday; he and Councilman Van Deventer will attend. COUNCILMAN WATERS stated he understands an additional 175 apartment units (different developments) are going to be built soon; he has looked at the plans and they don't look too hot to him. Planning Director Gerschler stated these are projects that haven't yet reached Council. Mayor Morgan requested a report on this, if it's getting out of hand, they need to look at them. Planning Director Gerschler stated he would have a report next week on this. MAYOR MORGAN stated due to Proposition 13, Council may in the future have to consider consolidating departments and the Fire Department may be able to consolidate in the South Bay. Councilman Van Deventer stated the City and County of San Diego are studying the possiblity of combining their libraries, which is also problem for the City. COUNCILMAN WATERS said he would like a report on the cost of obtaining a high rise ladder for the Fire Department, rather than going to other Cities to get one. Mayor Morgan stated the cost is $200-500,000; the City has mutual aid agreements with other cities; Chula Vista and San Diego have such equipment and could be here in five minutes. Moved by Waters, seconded by Dalla, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:47 p.m. CITY CLERK% CIT( OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of May-- 2, 1979. vor nCorrections .,� corrections 4(6 ikk MA 4 R CITY OF NATIONAL CITY, CALIFORNIA 5/15/79