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,
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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.
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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
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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.
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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.
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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.
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CITY OF NATIONAL CITY, CALIFORNIA
5/15/79