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HomeMy WebLinkAbout1979 07-17 CC MIN209 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 17, 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, Gerschler, Kulikowski, McCabe, McLean, Newberry. 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. Ben Z. George, Paradise Valley Seventh-Day Adventist Church, APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of July 10L 1979, be approved, Carried by unanimous vote. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of MR. RUBEN RODRIGUEZ as a member of the LIBRARY BOARD OF TRUSTEES was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS MR. THOMAS MITCHELL, 3517 Stockman Street, was present and stated there have been problems in his area with vandals; they are willing to work with the Police Department in finding a solution; Council needs to take a strong stand and offer direction to the people in the area, Mayor Morgan directed City Manager McCabe to work with the Chief of Police and neighbors to help solve problems. GENE LEDGERWOOD, 1122 Mary Lane, was present and stated vendors selling on street .corners has become a problem in the City and something should be done about it. Mayor Morgan stated the City Manager and Chief of Police are working on a solution. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions and Ordinances be read by title only. Carried by unanimous vote. Resolution No, 13,082, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Library Re -roofing, Specification No, 889)." Moved by Dallas seconded by Van Deventer, Resolution No.,. 13,082 be adopted, Discussion. Carried by unanimous vote. Resolution No. 13,083, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PARADISE DRIVE AT 12TH STREET." Moved by Waters, seconded by Dalla, Resolution Not 13,083 be adopted. Carried by unanimous vote, Resolution No. 13,084, "RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF FUNDS FOR TRAFFIS SIGNALS MODIFICATION, SPECIFICATION NO. 893 - HIGHLAND AVENUE AND PLAZA." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,084 be adopted. Carried by unanimous vote. Resolution Not 13,085, "RESOLUTION OF AWARD OF CONTRACT (Modification of Traffic Signals on Highland Avenue, Specification No. 893)." Moved by Waters, seconded by Van Deventer, Resolution No. 13t085 be adopted, Carried by unanimous vote. 7/17/79 210 Resolution No. 13,086, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO RELATING TO A YOUTH CRIME PREVENTION PROJECT." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,086 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) (See page no. 209, paragraph no. 8). Ordinance No. 7/17/79-1, "Regulating sale of spray can substances to minors." ORDINANCES FOR ADOPTION (second reading) Ordinance No. 1689 (.7/.I0/.7Q-1), "AN ORDINANCE FIXING SALARY FOR MAYOR." Moved by Waters, seconded by Camacho, Ordinance No. 1689 (2/10/29-1) be adopted. Discussion. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on proposed ZONE CHANGE to add PUD (Planned Unit Development) zoning to the property at the northwest corner of Euclid Avenue and 24th Street, vacated, easterly 300' of Assessor's parcels 561-420-10, 11 and northerly 30' of adjoining vacated 24th Street, ZC-10-79 (the proposal is to add PUD Zoning to a 1.7 acre parcel located at the northwesterly corner of 24th Street and Euclid; the property is now zoned RM-1-PD-D-10 which limits development to a subdivision of single family homes, one unit per lot; the proposed zoning would allow an application for a "Planned Unit Development" for single family condominium -type dwelling units up to a maximum yield of 17 dwelling units) was held at this time. Acting City Clerk Kulikowski stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated staff and the Planning Commission recommend approval. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing on proposed zone change to add PUD zoning to the property at the northwest corner of Euclid and 24th Street be approved and all stipulations of staff be -adhered to and the public hearing be closed. Carried by unanimous vote. The HEARING on proposed REZONING from CBD-RD (Central Business District - Redevelopment) to RS-2-RD (residential single family -redevelopment) the properties at 1018 through 1130 "D" Avenue, inclusive, ZC-11-79 (the properties described were excluded from a recent general plan amendment to make the general plan consistent with the existing commercial zoning in the blocks bounded by Plaza, "D", 12th, and "C"; this zone change would affect 9 lots; six contain single-family homes, one contains two dwelling units and two contain multiple dwellings; the effect of the rezoning will be to limit new construction on these properties to one single-family house per lot; this rezoning is necessary to satisfy the Government Code requirement that zoning be consistent with the general plan) was held at this time. Acting City Clerk Kulikowski stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated the Planning Commission and staff recommend approval. No one was present in this regard. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation on proposed rezoning from CBD-RD to RS-2-RD the properties at 1018 through 1130 "D" Avenue and the public hearing be closed. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstain: Dalla. The HEARING on AMENDMENT to Title 18, ZONING, of the National City Municipal Code regarding "Governmental Service Agencies," A-8-79 (the code does not specifically provide for "Government Service Agencies," i.e., state employment offices; the Council on 4/4/79, adopted Ord. No. 167E 1678 as an "Urgency" measure placing a moratorium on such uses and directing the Planning Commission to prepare appropriate regulations; the Planning Commission recommendation would require a Conditional Use Permit for all "government service agencies," and allow them in only the institutional zones [IP and IC}, and in the Central Business District ECBD], General Commercial [CG], and Heavy Commercial [CH])was held at 7/17/79 211 this time, Acting City Clerk Kulikowski stated the Affidavit of Mailing and Certificate of Publication were on file,, Planning Director Gerschler stated the Planning Commission and staff recommend approval, Moved by Waters, seconded by Van Deventer, the Amendment to Title 18, zoning, of the National City Municipal Code regardin "Governmental Service A en ies" pe approved and-tht public hearin,9 beclosedand all recommend- ations of sta4 be adhered to, Planning Director Gerschler stated if Adopted it would make the property at 8th Street eligible for a Conditional Use Permit; an applicant could submit a CUP, either the State or a private developer, and the Planning Commission and City Council would have the responsibility to either approve or deny that CUP on the grounds set forth in the Ordinance; one of the criteria for denying a Conditional Use Permit is excessive traffic congestion, Mayor Morgan stated there is a good place in San Diego where the employment office can go in; it would create a police problem if an unemployment office were placed within the City; we need to vote "no" on this and keep it out of National City, it would concentrate a lot of people in one area; all we've had is arm -twisting on this thing; if it were something good the Council would go out after it,. Vice Mayor Dada stated without adopting anything, this amendment or any other change, there is no limitation on where a governmental agency can locate in the City, City Attorney McLean stated the problem is the state's got a right to construct this facility, or acquire an existing facility, whether or not Council agrees with the selection or the like, the State has taken the legal position they are not bound by local zoning ordinances; however the State as a matter of policy has stated it would attempt to comply with local zoning standards; it seems to staff that Council should establish some standards and having a facual basis for objecting to a proposed project than having no standards; he believes the best thing Council can do in view of its concern about the potential for state agencies locating within the City without regard to local desire, is to have a ordinance that spells out what the local desire is than to have no ordinance at all; the Mayor is saying the best way to tell them the local desire is to say go home, Discussion, JERRY FLUCK, Manager, San Diego Service Center, Employment Development Department, State of California, was present and stated he is fully aware of the feelings of Council however he is not aware of any pressure that has been applied by the State regarding this situation; the States contention is not to preempt an exercise its right; they aren't desirous of doing that; the intention is to participate and cooperate with the City; it's unfortuate that Council thinks an Employment Development office is an undesirable thing; he doesn't believe they are an undesirable element in any community; they are a significant element in every community they are involved in, they, provide free public employment services; and pay substantial amounts of unemployment insurance to people who reside in the community; he doesn't understand at this point what the major objection council has or what ft's based on, There was further discussion, THOMAS MITCHELL, 3517 Stockman, returned to the podium and stated Mr, Fluck is overlooking the economics of the situation; there is a limited amount of space within the City which must be turned to our best advantage, CHARLES SHERR, 7242 Claireniont Mesa Blvd,,, was present and stated he has built and developed an EDD office in Chula Vista; they have had no problems with the clientel or invitees of the State; he has driven through the parking lot many times looking at the type of people who utilize this type of facility and they are working people who are seeking services from the State either by virtue of being injured or unemployed by no action of their own, they are not welfare recipients; the State pays out approximately 15 million dollars to the type of clientel to the National City site; these people have to spend their dollars somewhere and it's just as likely that they would have the opportunity to spend their dollars in National City; they have never had a security problem; they have never bad anyone write on their walls; they have never had fist fights or the like, Vice Mayor Dalla stated it is important to make a distintion between the item on the Agenda and an employment office; we consider it in the public's best interest to have some standards for everybody and that we can deal with the unemployment situation later_. City Attorney McLean reminded Council I/17/19 212 that these standards are not in fact enforceable, the State or federal government can ignore the local zoning and go ahead with their facility; staff has learned that State government will not do that if there is any other choice and that's why staff is recommending the adoption of these standards other than general commercial district standards. Carried, by the following vote, to -wit: Ayes: Camacho, Dallas Van Deventer, Waters. Nays: Morgan. The HEARING on AMENDMENT to National City Land Use Code regarding minimum useable open space requirements, and other condominium/apartment design standards, A-6-79 (this hearing is in response to Council action of 5/1/79 instructing the Planning Commission to submit recommendations regarding revision of useable open space requirements for apartments/ condominiums, and other ordinance amendments design to improve the quality of apartment/condominium projects in the City; in preparing the report, the City's standards were reviewed and a survey of other San Diego area agencies was done to draw a comparison of the City's design standards with others in the region; this effort does not include an assessment of the economic impacts of increasing subject design standards; it is staff opinion that increases in these standards will likely result in increased per unit costs to future buyers; the recommendations are listed on Document No. 63601 on file in the office of the City Clerk) was held at this time. Acting City Clerk Kulikowski stated the Certificate of Publication was on file. Planning Director Gerschler stated the staff and Planning Commission recommend approval. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and the Amendment to the National City Land Use Code regarding minimum useable open space requirements, and other condominium/apartment design standards be approved. Discussion. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Abstain: Camacho. Moved by Morgan, seconded by Waters, we refer this matter of parking in front of these buildings be referred to the Planning Commission to make a study and bring a recommendation back to the Council. Carried by unanimous vote. Moved by Dalla, seconded by Van Deventer, we have the Amendment to the Land Use Code presented next week as an Urgency Ordinance. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 1, dated July 17, 1979, in the amount of $34,089.20 (Warrant Nos. 65444 through 65494) and PAYROLL for the period ending June 30, 1979 was presented. Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dala, Van Deventer, Waters, Morgan. Nays: None. Item 14, Clerk's report on OPENING of SEALED BIDS was taken care of under Resolution No. 13,084. A CLAIM FOR DAMAGES from Stan E. Singleton alleging injury by Police Department April 4, 1979 was presented. Moved by Van Deventer, seconded by Camacho, this be denied and referred to the City Attorney. Carried by unanimous vote. The National City Firefighters' Association's DECLARATION OF IMPASSE (pursuant to State law, members of the City Manager's staff initiated "meet and confer" sessions with representatives of the Firefighters' Association on April 17, 1979; six negotiation sessions were held during the period May 7 to June 27, 1979 during which various wage and benefit packages were discussed; on June 27 the City presented its final written offer which provided for either a (1) 5% salary adjustment with no further contract modifications; or, (2) two-year agreement, salary adjustments 7% [7/1/79] and 3% [1/1/80], repeated in year two and various adjustments to existing sick leave policy; on June 27, 1979 the Firefighters' Association declared that negotiations had reached "Impasse" 7/17/79 213 Impasse meetings were held July 6 and 9, 1979; pursuant to Employer - Employee Relations Policy, if impasse meetings do not result in a resolution of the matter if "is referred to the City Council" for determination) was presented. GARY EDMONDS, President, National City Firefighers' Association, was present and stated they represent 38 members of the Fire Department; the Association wishes to resolve the declaration of impasse on salary, sick leave and retirement benefits which are vital to career fire personnel. Mr. Edmonds stated in the past the firemen have tried to work closely with the City to reach fair and equitable contract agreements; this year the City embarked on a benefit reduction program which leaves the Association no choice but to resist any attempt to further reduce or abolish any benefits, benefits that had been negotiated for in past years; the Association wants the Council to know that the number of emergency responses has increased from approximately 1,043 in 1976 to over 2,472 runs in 1978, an increase of over 100%; this year they have responded to 1,437 emergency calls; the fire surpression crews have assumed the entire responsibility for all business inspection in the City; the latest estimates is that there are 1500 businesses which they inspect on an annual basis; they are trying to handle the increased workload with a significant reduction in personnel; they have lost an Assistant Fire Chief position; two Fire Inspectors; they currently have two personnel on disability compensation time; they have been without a Fire Chief for approximately five months; this has lead to an increased workload for all members of the Department; this along with normal operations increases the workload a tremendous amount; they are asking for a fair and just wage for the work they do; the Association doesn't want to be penalized for wanting to keep their benefits in; offering them 5% the City is showing them a "we will show you attitude"; the Association is asking for 7% salary increase in present benefits with no change in benefits. DAVID ZITLOW, 8644 Spring Vista Way, fireman, was present and spoke in support of the Association's request. Discussion. PHIL LIEBER, 3719 Linda Place, fireman, was present and stated he can't understand why the Association can't receive 7% and not accept the 3%. City Manager McCabe stated the City was talking about a total package, you can't separate the issues saying why can't we have one without the other; the City offering was based on a total package of compensation. Mayor Morgan asked Gary Edmonds of the two packages before Council, which one he would accept on behalf of the Association; Mr. Edmonds stated 7%; Mayor Morgan stated that wasn't what he asked -- either the 7% and 3% package with reduction in sick leave payoff or 5%, which one would he rather have. Mr. Edmonds stated the members have indicated to him that they do not want to give up any sick leave benefits so they would have to take the straight percentage. There was further discussion. Moved by Morgan, seconded by Dalla, we go along with the staff's recommendation of 5% for one year effective July 15 and we authorize the staff to try to get together with the Fire Department for the next year. Discussion. Carried by unanimous vote. WRITTEN COMMUNICATIONS Request from "Citizens Committee for the Completion of the 252 Connection" for MONETARY ASSISTANCE for production of a movie regarding the need for the completion of Rte. 252 was presented. Moved by Morgan, seconded by Waters, we authorize $500.00 for help pay for this film. GEORGE WEBSTER, MANAGER, Chamber of Commerce, was present and stated he supports this effort and encourages Council's support. Carried by unanimous vote. Request by San Diego Mayor and Council for personal review of the CPO position OPPOSING THE CONTRUCTION OF THE FIFTH PIPELINE unless construction of the peripheral canal occurs was presented. Moved by Morgan, seconded by Dalla, we authorize our delegate to hold this item until they get a full study on it from CPO staff; although, if it came to a vote, before that could happen that we authorize our delegate to vote in favor of the fifth line coming into the County of San Diego. Moved by Dalla, seconded by Morgan, the motion be amended to divide the motion first vote to have them hold it over until they do the study. Amendment 7/17/79 214 carried by unanimous vote. Mayor Morgan stated he believes if they force a vote on the delegate, he is in favor of instructing the delegate to go along with the fifth canal. Councilman Van Deventer stated he agrees with the Mayor; there is a need for the canal but there is a need for a study to answer many questions. Motion carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstain: Dalla. OTHER BUSINESS PLANNING Planning Department's recommendation regarding procedures for LOT BOUNDARY LINE ADJUSTMENTS (the City currently has no ordinance regulations or formal policy governing lot line adjustments between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created; both the State Subdivision Map Act and local subdivision ordinance exempt lot line adjustments; the current lack of formal procedure often leads to confusion on the part of a person seeking lot line adjustments and the County Recorder; staff recommends that Council adopt a Resolution adopting rules and regulations governing lot line adjustment plats) was presented. Moved by Dalla, seconded by Camacho, in favor of the Planning Department's recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. ADOPTION OF RESOLUTION (continued) Moved by Van Deventer, seconded by Camacho, this Resolution be presented by title only. Carried by unanimous vote. Resolution No. 13,087, "A RESOLUTION OF THE CITY OF NATIONAL CITY ADOPTING RULES AND REGULATIONS GOVERNING LOT LINE ADJUSTMENT PLATS." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,087 be adopted. Carried, by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Item 20, Planning Commission Resolution No. 49-79, approving an APPLICATION for CONDITIONAL USE PERMIT to allow a "Real Estate Training Center" on property located at 1455 Plaza Boulevard, CUP 1979-7; Item 21, Planning Commission Resolution No. 51-79, approving an APPLICATION for ZONE VARIANCE to allow a reduction in required off-street parking form 12 to 9 spaces in conjunction with building conversion to non-residential use on property located at 1941 Highland Avenue, Z-12-79; Item 22, Planning Commission Resolution No. 52-79, approving an APPLICATION for ZONE VARIANCE to allow a reduction in the required front and exterior side yard setbacks on property located at 1741 National City Boulevard, Z-13-79; Item 23, Planning Commission Resolution No. 53-79, approving an application for CONDITIONAL USE PERMIT to allow development of 60 condominium units and relocation and improvement of existing drainage channel to contain 100-year storm within its banks and Federal Insurance Agency standards on property located at 3208 East Eighth Street, CUP 1979-3. Acting City Clerk Kulikowski stated an appeal had been received from the American Building Arts and she has set a hearing for August 7, 1979. Moved by Camacho, seconded by Waters, we set for hearing August 7. Carried by unanimous vote. Item 24, Planning Commission Resolution No. 54-79, approving an application for PLANNED UNIT DEVELOPMENT PERMIT to allow development of a 64-unit condominium complex on property located at 3208 East Eighth Street, PUD-1-79; and, Item 25, Planning Commission Resolution No. 55-79, DENYING an application for PLANNED DEVELOPMENT PERMIT to allow modification and/or deletion of conditions imposed upon the granting of planned development permit no. 123, Planning Commission Resolution No. 3-79, authorizing development of two detached triplexes on property located at 2230-2244 Euclid Avenue, PD-11-79. TEDDY TAFOYA, 826 Ethel Place, was present and requested a 7/17/79 215 hearing be set on Item 25, Retolution No. 55-79. Moved by Camacho, seconded by Waters, Mrs, Tafoya's request for hearing be granted. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER stated when the budget for the State was prepared San Diego County recommended a certain amount of highway projects; CalTrans feels the county has received more than its share of highway funds; an appeal has been made from the county recommending five items be put back on the budget for funding, SR-67, Lakeside to Poway and SR-5494, Rancho Santa Fe, to add two more projects to that; its important to support these projects and urged Council to contact our representatives in Sacramento to back these. Moved by Van Deventer, seconded by Camacho, we authorize the City Manager to send letters out to our elected representatives. Carried by unanimous vote. Moved by Camacho, seconded by Dalla, the meeting be adjourned to 6:00 p.m., July 24, 1979, in the Conference Room. Carried by unanimous vote. The meeting closed at 9:15 p.m. CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were adopted on July 24, 1979. 0 Corrections corrections CITY OF NATIONAL CITY, CALIFORNIA 7/17/79