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HomeMy WebLinkAbout1979 08-28 CC MIN237 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 28, 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, 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, First Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer. seconded by Camacho, the minutes of the regular meeting of August 21, 1979 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS MAYOR MORGAN presented certificates to the National City Pony League All - Star Team and to its Coach and Manager, Pat Valdez. Mayor Morgan ex- pressed Council's appreciation to the team and to the many volunteers. PUBLIC ORAL COMMUNICATIONS MAYOR MORGAN spoke of problems associated with the proposed 1911 Act on "N" and 9th Street; he reviewed maps of the area and discovered the City owns 4z' back of the sidewalk on "N" Avenue; Council could instigate the closing of 4' back of the sidewalk on "N" Avenue on the west side, which will give everyone 4' to bring their lines to where the property owners originally thought they were.. Moved by Morgan, seconded by Dalla, we instigate the (partial) closing of the street on "N" Avenue from 8th to the end of the 1911 Act to eliminate the problem and, with the cooperation of the other people therel line their lines up and our staff will be authorized to help in preparing the deeds to straighten these lines out. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions and Ordin- ances be presented by title only. Carried by unanimous vote, Resolution No. 13,111, "RESOLUTION ACCEPTING COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL AND DIRECTING THE RECORDING THEREOF (PD-123, Font, Inc., 2230 thru 2244 Euclid Avenue)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,111 be adopted. Carried by unan- imous vote. Resolution No. 13,112, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (Z-2-79, to allow an off - premise pole sign at 1010-1018 National City Boulevard)." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,112 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 13,113, "RESOLUTION DENYING AN APPLICATION FOR ZONE VARIANCE TO ALLOW A MULTIPLE COPY POLE SIGN, THE COPY AREA OF WHICH EXCEEDS 40 PER- CENT OF THE BACKGROUND AT 1010-1018 NATIONAL CITY BOULEVARD (Z-2-79)." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,113 be 8/28/79 238 adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Nays: Waters, Morgan. Resolution No. 13,114, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AMENDMENT GP-2-79 TO THE NATIONAL CITY GENERAL PLAN." Moved by Van Deventer, seconded by Camacho, Resolu- tion No. 13,114 be adopted. Carried by unanimous vote. Resolution No. 13,115, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR URBAN PARK & RECREATION RECOVERY ACT OF 1978, KIMBALL PARK PROJECT (Phase III A)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,115 be adopted,. Carried by unanimous vote. Resolution No. 13,116, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (2845 "K" Avenue, Chard)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,116 be adopted. Carried by unanimous vote. Resolution No. 13,117, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (2845 "L" Avenue, O'Connell)." Moved by Dalla, seconded by Camacho, Resolution No. 13,117 be adopted. Carried by unanimous vote. THE Resolution No, 13,118, "RESOLUTION ACCEPTING COVENANT RUNNING WITH/LAND AND DIRECTING THE RECORDING THEREOF (525 E. 1St. Street, Ochoa)." Moved by Dalla, seconded by Camacho, Resolution No. 13,118 be adopted. Carried by unanimous vote, to 21st St. Resolution No. 13,119, Confirming Assessment (Alley - 20th St./between "A" Avenue and "B" Avenue, Assessment District No. 196) was listed on the Agenda but was not presented. Resolution No. 13,120, "RESOLUTION AUTHORIZING EXECUTION OF RIGHT-OF-WAY EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY." Moved by Van Deventer, seconded by Camacho, Resolution No._ 131120 be adopted. Carried by unani- mous vote. ORDINANCES FOR INTRODUTION (first reading) (See page 237, paragraph 7) Ordinance No. 8/28/79-1, "An Ordinance Authorizing Arrest Powers for Cer- tain Public Officers or Employees." Ordinance Nod 8/28/79-2, "An Ordinance Designating Certain Violations of the National City Municipal Code to be Misdemeanors and Adopting Said Ordinance as an Urgency Ordinance." City Attorney McLean stated this Ordinance was not ready for presentation at this time; adoption as an Urgency measure is in the Ordinance. ORDINANCES FOR ADOPTION (second reading) (See page 237, paragraph no. 7) Ordinance No, 8/21/79-1 relating to "Adult Entertainment" listed on the Agenda was not presented; after a summary is published, it will be on the September llth Agenda for second reading. PUBLIC HEARINGS The HEARING on APPEAL OF CONDITIONS on Conditional Use Permit 1979-3 (for the development of 64 condominium units) relative to the 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 8th Street, CUP 1979-3. City Clerk Campbell stated the Certif- icate of Publication and Affidavit of Mailing were on file; the City has received a letter from the developer requesting that the appeal be dis- m s d._ -City Attorney McI.xas1 recommended Council file the letter, dis- 8/28/79 239 miss the appeal and close the hearing. Moved by Camacho, seconded by Van Deventer, so moved. Councilman Waters asked whether the question of whether 56 or 64 units would be allowed on the property had been resolved. City Attorney McLean stated the Conditional Use Permit has in essence been issued and the property owners have to comply with the terms of the Conditional Use Permit; he wasn't aware of a dispute between any party and the City staff as to the number of units the development would allow. Councilman Waters stated it would appear the developers have gotten through a technicality in that if they consider the street as part of the open space, or building area, they can have 64 units and if they don't consider the street, they can only have 56 units. City Attorney McLean stated he cannot answer that question; it would be a serious issue; if Council is concerned he would suggest Council not follow the first advice but continue the hearing on the appeal until a report can be submitted. Discussion. City Attorney McLean explained that the Planning Commission approved the issuing of a Conditional Use Permit which contains a number of conditions concerning the design and construction, landscaping of this project; one of the conditions that was imposed by the Planning Commission was that the property owners at their expense would construct a concrete flood control channel; the property owners objected to that condition for various reasons, one of which was expense; and they appealed the decision of the Planning Commission imposing a requirement that the developer con- struct a concrete lined channel; it is that appeal that is before the City Council; the property owner has now written a letter saying that he is willing to construct the concrete channel originally required by the Planning Commission and wishes to withdraw the appeal and proceed on the basis of the Conditional Use Permit which was originally authorized by the Planning Commission action; the question that is being raised by Council- man Waters this evening concern a different issue which is density and the method by which the allowed density was calculated by the Planning Com- mission; he cannot answer this question; if the appeal is withdrawn and Council accepts that and dismisses the appeal and closes the public hear- ing, then the Conditional Use Permit originally granted by the Planning Commission will be issued; the title to that Conditional Use Permit in- dicates that it allows 64 condominium units; Councilman Waters' question as to how the Planning Commission decided to allow 64 units cannot be an- swered by him. ANN PIETELA, 818 Olive Avenue, was present and said the developers need 6.5 acres to build 64 units; the only way they can get it is to count property that will not be built on; they do not have the 6.5 acres; she doesn't want to hear Council say in the future, "boy, we should'nt have done that;" she requested Council study it before closing and issuing anything; she doesn't want Council driving by in six months and stating it doesn't look good; she's the one that has to live there. Discussion. It was suggested the hearing be continued for one week to allow the question to be answered. A representative of American Building Arts, Mr. KLAUS MENDENHALL, Executive Vice President, was present and stated he has no direct opposition to that because it has been held over a few weeks; they originally appealed the Conditional Use Permit based on unreasonable costs; they researched it and came to the conclusion that there is not that great of a differential of cost and would thereby abide Council's decision on the gunnite for the channel; it is his under- standing on the CUP that density is not the issue; this was decided when they were issued the PUD permit and approved the tentative map; he believes the issue of density was addressed by Council previously and Mr. Gerschler satisfied Council that the 64 units would be adequate and not packed in; they are well in excess of 100% over the City's minimum requirement on the open space, storage space and parking requirements; this is a project with those ideas up front; he is currently ssigned as Project Manager and he can assure Council this will not be/uRdesirable project in any way. Moved by Morgan, seconded by Waters, the motion be amended to lay this public hearing over to next week same time. Carried by unanimous vote. The HEARING on ASSESSMENT ROLL NO. 196 for the 1911 Act Improvement of ALLEY between 20th Street, 21st Street, "A" Avenue and "B" Avenue (staff recommends Council pass Resolution confirming the roll) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. ROBERT ONLEY, Staff Assistant, was present 8/28/79 240 and displayed a diagram of Assesment District 196 showing the boundaries of the district, an alley improvement between 20th Street on the north, 21 t Street on the south, "A" Avenue on the west and "B" Avenue on the east; each of the parcels has an assessment number; construction costs for the project, $14,933; incidental expenses, $3,171; total cost, $18,104; the City contribution, $4,894; assessment to be assessed, $13,201; he personally looked at each slot and parcel and portions of lots and parcels and determined that they benefit in direct proportion to the benefits they will receive and assessed the total sum of $13,201 upon the several lots, portions of lots and parcels of land in said Assessment District 196 benefited thereby; there were no written protests as of the close of City business today. PEARL GILLEM, 2005 "A" Ave., was present and stated when they poured the concrete in the alley they ruined her fence; she's happy the alley is paved but is hot paying a dime until her fence is fixed. Councilman Camacho stated while they were working they splashed concrete on her fence; they did a good job on the alley but splashed it all over her fence and it's not right. Moved by Morgan, seconded by Waters, we authorize the City Engineer to go down and check the job and call the contractor out and see what can be done. Carried by unanimous vote. BILLY HILGER, 2023 "A" Avenue, was present and stated they were supposed to have installed a slope to his driveway; all it is is one big chunk of cement with no slope to it; it is 3" above the grade of the alley and it is like driving aver a curb; he wants a ramp not just a lump of cement. City Engineer stated he will report to Council on this matter. Mr. Onley stated the slab needs tapering on both ends as well so that others can drive over it without accident; it can be done. Discuss- ion. Moved by Dalla, seconded by Waters, Mr. Hoffland and Mr. Onley and the contractor should look it over and come back with something definite and continue the hearing for one week. City Attorney McLean stated the motion is to continue the hearing on Resolution confirming Assessment District 196 until 7:45 p.m. next Tuesday. Carried by unanimous vote. Mayor Morgan stated the hearing could have been closed and the City Engineer authorized either to fix it or not. COUNCIL REFERAL City Engineer Hoffland's report on grouping of alleys for FUTURE 1911 ACT IMPROVEMENT to minimize total project cost (the report was requested by Council and contains a map indicating the alleys, a list of the alleys and estimated costs, a schedule of the procedure to follow through to the award of contract; in order to overrule Majority Protest, a 4/5 vote of the Council will be required; staff recommends they be directed to follow a procedure to see to the construction of the alleys) was presented. Moved by Waters, seconded by Van Deventer, that the Engineer proceed. Discussion. Carried by unanimous vote. City Engineer Hoffland stated the procedure will have to follow the Debt Limitation Act of 1931; after that hearingjthe law provides for a vote by the property owners and if the ma- jority protest, the vote of the Council would have to be 4/5 to override that protest. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 8, dated August 28v 1979, in the amount of $95,603.05 (Warrants Nos. 65849 through 65921) and PAYROLL for the period ending August 15, 1979 in the amount of $194,798.35 was presented. Moved by Dalla, seconded by Van Deventer, the demands be ratified and the payroll confirmed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. General Services Department, Purchasing Division's report on AWARD OF BID G.D. #7980-1 FOR ONE ROTARY MOWER AND TRAILER (bids were solicited from six vendors; there were five respondents, one of which was returned "no bid"; the low bidder met all specifications; the total cost for the rotary mower and trailer is $7,727.40, which includes tax and freight; adequate funds are available in the 5-509 account budgeted for 79-80 fiscal year; it is recommended that the bid be awarded to C. R. Jaeschke, Inc., San Diego in the amount of $7,727.40) was presented. Moved by Waters, 8/28/79 241 seconded by Van Deventer, in favor of the G.S. 7980-1 bid for the rotary mower and trailer. Carried by unanimous vote. The City Engineer's recommendation to APPROVE DEFERRAL OF ALLEY adjacent to 1309 Coolidge, Zuniga (the property owner has an obligation under Ord4 1491 to install up to $908.00 in street improvements adjacent to 1309 Coolidge; he has applied for a deferral of sidewalk repairs and alley paving; this lot is only 25' in width and concrete alley paving would, therefore, be better installed under a 1911 Act for the entire block; staff recommends that deferral of sidewalk repairs be denied and that deferral of alley paving be approved subject to property owner signing a Covenant not to protest a 1911 Act) was presented. Moved by Camacho, seconded by Dalla, in favor of the recommendation of the City Engineer to approve the deferral. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. NATIONAL CITY TRANSIT'S recommendations regarding routes, schedules and operations (as outlined on Document No. 63804 on file in the office of the City Clerk) was presented. Moved by Morgan, seconded by Camacho, we authorize the Transit to try these Gold Passes out of San Diego for 90- days. There was discussion re informing the riders that this is a trial basis only and may not be permanent, how much it would it cost to go this route on a yearly basis. City Manager McCabe stated they have met with San Diego Transit regarding their willingness to accept the City's passes and they have indicated they would refuse to accept our passes; they can try again; so far their Board has refused to accept any other Transit systems passes. Moved by Morgan, seconded by Camacho, the motion be amended to 30-days instead of 90-days. Carried by unanimous vote. KEN FISCHER, National City Transit, stated the new route structure will con- sist of routes (as outlined on Document No. 63804); the target date for implementation of the routes is September 17th (they would not start until the printed schedules are available); Paradise Hills will be cut off September 9th and San Diego Transit will pick it up then; three areas previously serviced by NCT which have been eliminated include Paradise Hills, the area from 19th and Wilson to 24th and National (this area has a low passenger count); the area from 13th and Harbor to 8th and National (also an area of low passenger count,) Mr. Fischer stated new areas to be added include Division Street which will make for a better connection with Route 13 of San Diego Transit; 8th Street which will enable National City Transit to provide better coverage to the northern portion of the City; Highland Avenue will be added enabling access to the shops in that area; National City Blvd, will be added; it should be noted that Paradise Valley Hospital will be served by three routes under the new route structure and that all schools and shopping centers will be served by NCT. Mr. Fischer stated the public will be notified of the new route service through public service announcements and the new hours will be placed on the buses. Mayor Morgan suggested connecting a route on north Highland with a San Diego route to eliminate the necessity for people to walk so many blocks, Mr. Fischer stated he would look into it and come back with a recommend- . ation. Mayor Morgan stated he would like Council to go on record for Mr. Fischer to tell them why they can't do it, Moved by Morgans seconded by Camacho, we adopt this including putting in the route to connect with North Highland Avenue and San Diego_Transit. Carried by unanimous vote. OTHER BUSINESS TRLFFIC ffLFETY !.OMMITTI$ ,Traffic Safety Committievs Recommendation from the/regular meeting of August 8, 1979 was presented; establish a two-way left turn on 24th Street between Wilson Avenue and Hoover Avenue; prohibit parking on both sides of 24th Street between Wilson Avenue and Hoover Avenue. Moved by Waters, seconded by Van Deventer, this be approved. City Engineer Hoffland stated staff thinks San Diego Federal on the north side of 24th will have a driveway some- where in that block; the two-way left turn would be appropriate; the re- quest originally was for a left -turn only into the South Port Business 8/28/79 242 area; this would provide turns into that and also accommodate anything that San Diego Federal might have. City Attorney McLean stated (if in future this appears to be causing problems) the City can enforce a pri- vate owner to post signs prohibiting left or right turns off of private property onto public. Carried by unanimous vote. Mayor Morgan requested staff of National City Transit to work on the pro- blem at the corner in front of City Hall. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER spoke about the Solid Waste Disposal plant; he made a trip to Chicago and Milwaukee to investigate other cities'facilit- ies, Mr. Van Deventer read a prepared statment about his experiences (as outlined on Document No. 63809 on file in the office of the City Clerk) and recommending Council not support the proposed solid waste disposal plant for reasons of public image, dust, noise and odor, traffic generation, technology, residual hauling, Moved by Van Deventer, second- ed by Camacho, we no lon `er sup�art the Solid Waste Trash Plant in the City of National City. Carried by unanimous vote. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:33,p.m. CITY CLERK CITY` OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting •f September 4, 1979. Corrections Cor tions YSR CITY OF NATIONAL CITY, CALIFORNIA 8/28/79