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HomeMy WebLinkAbout1978 03-14 CC MIN83 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 14, 1978 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, Reid, Van Deventer, Morgan. Absent: None. Administrative officials present: Gerschler, Gill, Hoffland, Kulikowski, 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 the Rev. O. B. Booker, Missionary Church of God in Christ. BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION, March 7, 1978. The Deputy City Clerk stated the City Clerk's CERTIFICATE OF THE CANVASS of the General Municipal Election, March 7, 1978 is on file and has been made part of Resolution No. 12,654. Resolution No. 12,,654, "RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF NATIONAL CITY ON THE 7TH DAY OF MARCH, 1978, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." WHEREAS, a regular general municipal election was held and conducted in the City of National City, County of San Diego, State of California, on Tuesday, the 7th day of March, 1978, as required by law, and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities, and WHEREAS, pursuant to Resolution No. 12,644 adopted the 14th day of February, 1978, the City Clerk of the City of National City canvassed the returns of said election and has certified the results to this City Council, said results are received, attached and made a part thereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That there were 28 voting precincts established for the purpose of holding said election consisting of the regular election precincts in the City of National City as established for the holding of state and county elections. SECTION 2. That said regular general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California, to wit: A Mayor of said City for the full term of four years; Two Members of the City Council of said City fer the full term of four years. SECTION 3. That at said regular general municipal election, the following measure was submitted to the electors of said City, to wit: Shall the City of National City establish an emergency paramedic medical services program at an estimated annual 3/14/78 84 cost of $294,000 and pay for said program in whole or in part by the use of sales tax, increased property tax and other general fund sources which are available to the City? SECTION 4. That the whole number of votes cast in said City (except absent voter tallots) was 5432. That the whole number of absent voter ballots cast in said City was 95, making a total of 5527 votes cast in said City. SECTION 5. That the names of persons voted for at said election for Mayor of said City are as follows: Rile Morgan J. Louis Camacho That the names of persons voted for at said election for Member of the City Council of said City are as follows: Michael R. Dalla Richard O. Knutson Luther G. (Joe) Reid M. E. (Gene) Ross George H. Waters That the measure voted upon at said election is as follows: Shall the City of National City establish an emergency paramedic medical services program at an estimated annual cost of $294,000 and pay for said program in whole or in part by the use of sales tax, increased property tax and other general fund sources which are available to the City? That the number of votes given at each precinct and the number of votes given in the City to each of such persons above named for the respective offices for which said persons were candidates and for and against the measure were as listed in Exhibit "A" attached. SECTION 6. The City Council does declare and determine that: Kile Morgan was elected as Mayor of said City for the full term of four years; Michael R. Dalla was elected as Member of the City Council of said City for the full term of four years; George H. Waters was elected as Member of the City Council of said City for the full term of four years; That as a result of said election, a majority of the qualified voters voting on said measure relating to Paramedics did vote in favor thereof, and that said measure was carried, and shall be deemed adopted and ratified. SECTION 7. The City Clerk shall enter on the records of the City Council of said City, a statement of the result of said election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For ghat office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure; (6) The number of votes given in the City to each person, and for and against each measure. SECTION 8. That the City Clerk shall immediately make and, upon compliance by the persons elected with the provisions of Section 11550 and Section 11559 of the Elections Code of the State of California, shall deliver to each of such persons so elected a Certificate of Election signed by her and duly authenticated; that she shall also administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them 3/14/78 85 subscribe thereto and file the same in her office. Whereupon, each and all of said persons so elected shall be inducted into the respec- tive office to which they have been elected. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. Moved by Reid, seconded by Camacho, Resolution No. 12,654 be adooted. Carried by unanimous vote. Deputy City Clerk Muriel Kulikowski administered the OATH OF OFFICE to Mayor Kile Morgan, Councilman Michael R. Dalla and Councilman George H. Waters, Following the administration of the Oath the newly elected officials introduced their families and expressed their appreciation to their supporters_ and friends. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. PRESENTATIONS AND PROCLAMATIONS Mayor Kile Morgan presented outgoing Councilman Joe Reid with a placque in appreciation of his years of service on the Council. Former Council*&h Reid received a standing ovation from the audience. Mr. Reid stated he greatly appreciated the opportunity to serve his community and wished the newly elected Council good fortune and said that he would continue to serve the community. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of Ruth James to the Serra Library System Advisory Board was presented. Moved by Waters, seconded by Dalla, in favor of the Mayor's appointment. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS — None PUBLIC HEARINGS The continued HEARING on appeal of the application for CONDITIONAL USE PERMIT to allow an AUTOMOBILE STORAGE YARD at 900 W. 17th Street (CUP 1977-22) was held at this time. BRUCE LOVE, 345 E. 8th, attorney representing the applicants was present and introduced Mr. Howarth, one or the the owners of American Towing. Mr. Love stated after the last Council meeting he met with the Planning Department; the use permits which they thought existed in fact existed, but because of some severances they do not have the benefit of the permit at this time; they intend to file an application immediately; Council can probably understand the confusion his client felt when he thought he did have a permit due to the prior permit on the adjacent property and because of the manner in which the property was obtained and prior use of the property. Mr. Love introduced Mr. Howarth who made a brief statement to Council and said that he bought American Towing from Leonard Greaser and when he bought it it was being used as a storage yard and he continued doing the same thing; he wants to first use it as a storage yard until he can prepare it for an impound yard later on, but for now it will just be used as a storage yard. There was discussion. Planning Director Gerschler stated there were permits for the Cleveland Avenue frontage, those permits now have been divided and probably' have'nt survived; Mr. Howarth's application tonight does not include any of the Cleveland Avenue frontage; the application is only for the rear property facing on Harrison; there has never been a permit on the case tonight; at no time in history has there ever been an auto storage yard permit or an auto impound permit on the case before Council tonight; it appears that Mr. Howarth is operating American Towing at 1720 3/14/78 EXHIBIT "A" 85A CITY OF,NATICNAL CITY GENERAL MUNICIPAL ELECTION MARCH 7, 1978 OFFICIAL RESULTS PRE. MAYOR 1' MEMBER OF CITY COUNCIL NO. , CAMACHO ! MORGAN I ROSS REID 1KNUTSON 1 WATERS 1 DALLA PARAMEDICS YES N0 TOTAL 51560 138 115 52 87 74 92 ; 114 51580 48 82 23 55 36 1" 61 ! 82 51590 36 114 21 70 49 63 ? 74 51600 94 126 23 85 73 51610 73 127 30 62 57 86 I 146 84 t 127 51620 77 163 30 75 102 51630 51660 77 58 172 156 25 18 94 88 108 74 139 66 78 133 102 68 55 256 139 58 11 158 75 78 225 204 i I 90 758 145 100 93 103 51670 43 83 13 48 47 • 45 51680 56 95 13 63 46 75 144 150 88 85 242 257 97 94 218 82 79 33 128 51690 58 167 28 76 90 84 51701 50 91 1 25 50 55 74 51710 27 60 21 34 29 12 .51720 I01 135 41 103 75 110 51730 93 122 13 50 89 119 51740 72 141 30 68 56 103 51750 63 178 21 91 101 96 51760 67 106 21 66 53 87 144 59 45 94 125 72 48 46 84 154 233 45 ' 147 35 1 91 106 169 45 L' 245 141 131 70 218 i 132 126 151 146 76 217 83 9 246 95 ( 90 I; 119 36 �� 51780 74 111 14 67 63 59 51790 44 43 14 37 29 51800 65 114 1 21 64 87 74 51810 it 68 165 ij 20 90 92 98 79 116 43 185 113 46 1 187 59 20 89 112 51 , 182 51820 91 170 . 136 143 62 238 25 86 131 74 174 51€30 79 132 20 85 80 97 518-0 86 103 35 66 77 64 51863 69 136 35 i 86 1 70 77 ii51880 61 109 24 I 60 79 60 51 1 19 84 16 47 , 29 38 A 3. 19 74 14 1 39 35 40 170 85 ; 272 133 141 61 224 109 120 113 134 58 191 57 101 127 38 172 57 81 14 ;105 - 55 64 25 ;95 ! 1906 3474 686 ! 1992 j 1986 2199 3114 , 3279 16785527 I hereby certify the above to be the results of the official canvass of the ballots of the General Municipal Election held on Tuesday, March 7, 1978. Dated: March 10, 1978 Ione Campbell/ City Clerk of the City of National City, California By: Muriel Kulikowski Deputy City Clerk 86 Cleveland and Mr.Maurais is operating American Storage and Service Company at 1730 Cleveland in apparent violation, which is a muddled question. Mr. Gerschler stated the applicant has asked for a Conditional Use Permit for an auto storage yard; he has explained to him, and he is sure he understands, that a permit foran auto storage yard does not allow impounding and that an impound permit would require separate approval by the Council; he has also advised him that an impound permit would probably require additional improvements beyond what would be required for an auto storage yard; his assessment of the status of this case is that hers now willing to take his chances and his attorney has told Council that if he can't get the impound yard permit that he will be satisfied to operate an auto storage business without impounding; if they wish to amend their application to include compliance with the standards for an impound yard, staff is ready to help them get such an application ready. Mr. Love asked Planning Director Gerschler if the plan were amended to include the impound yard question, could they present the plan to Council without having to go through the process all over agan? The problem they have is that they've spent so much time already and they are anxious to generate some kind of income from an operating business. Mr. Gerschler stated that an application for a permit for an impound yard can only be done at the time specified in the Ordinance, that's some months ahead; you could not today file for an impound permit; could the drawings be amended to include the improve- ments you would need for an impound permit if you have one; the answer is in his opinion you can amend the drawings to show whatever you want to show. City Attorney McLean stated this case has been somewhat confusing; the land for which he has applied for a storage permit has never had one; at the same time he bought part of a business and a smaller lot that is involved in this application which he apparently believed had a use permit and turns out that it had not; he wants a permit to store cars on land that he's been using illegally for storage; he's offered various reasons why he stored cars there against City law, one of which the cars came off a federal reservation; what he wants now is a permit on his new ground that has never had a permit on it for storage; the conditions that have been proposed by the Planning Commission and planning staff relate to use of the land for auto storage noNt for impound; in the course of the presentation made before the Council the applicant has said that the obtaining of the storage permit is simply a by station, that his true intent is to use the property as an impound yard; he wants to get the storage permit now because it requires less, to get into some kind of business pending his ability to get an impound permit; certain council members are of the opinion that is not the sensible way to go about the thing. City Attorney McLean stated he can foresee a problem with the way Mr. Howarth wants to set up his business; he's saying he'll go ahead and store cars and as I go along I'll put the improvements in that I need to put in to get an impound yard; the only trouble is until he files an application he doesn't know what the Council's improvement requirements for an impound yard are going to be and he may make a mistake about gauging what Council is going to require and will come back later on and say I've done, all this, thinking this is the kind of thing that is required and now I find out that I've guessed wrong and I'm out substantial amounts of money. Mr. Love stated they would be willing, if Council permits, to resubmit the proposed plans to the Planning Department for later review by Council including the requirements for impound and Council would have the assurance of knowing that these requirements were going to be met; the only ether alternative would be to amend the permit application and start all over again. There was further discussion. No one else spoke in this regard. Moved by Camacho, seconded by Morgan, this bearing be closed and that the application for a Conditional Use Permit be denied until such time that Mr. Howarth and his attornejcan bring a plan to Council that Council can look at and agree to. Planning Director Gerschler stated the impound permit Ordinance adopted by Council several years ago sets forth the general design needs; the precise design needs is cited at the time that the Council reviews the permit applications. Motion carried, by the following vote, to -wit: Ayes: Ca -Cacho, Van Deventer, Morgan. Nays: Dalla, Waters. 3/14/78 87 The HEARING on APPEAL of Planning Department notice of intention to abate and remove a DISMANTLED, INOPERATIVE VEHICLE at 421 "K" Avenue was was held at this time. Planning Director Gerschler said staff has recommended this appeal be disallowed and that the vehicle be removed. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be closed and the appeal of this inoperative vehicle at 421 "K" be denied and t,e automobile be ordered removed. Carried by unanimous vote. The HEARING on proposed use of property within the 1800 block of E. 24th Street for development of 140-unit planned residential unit development (PUD-1-77) was held at this time. Deputy City Clerk Kulikowski stated the Affidavit of Mailing Notice of Public Hearing and Certificate of Publication were on file. Planning Director Gerschler stated the Planning Commission has recommended approval of this case subject to the stipulations, deviations, and conditions specified in the staff report (Document #61176); one of the conditions is that it be approved only as a condominium subdivision ownership project; Item number 35 on the Agenda is the tentative subdivision map for the condominium project; the testimony Council will hear on this item could also be applied to item 35 on the agenda. Mr. Gerschler stated the project meets code requirements; those few areas where precise set -back requirements do vary from the Code are well within the intent of the Planned Unit Development regulation; the overall project will represent 140 single family residential units within structures that are of the condominium variety. MRS. MILLEN, 1925 E. 24th Street, was present and stated she had her lot surveyed and found that she owns 13.5 feet of the street; it's her private property, it wasn't dedicated or anything, she has asked the builders to tell her exactly -- when she signed the petition that was circulated -- what it would do to her frontage and to the back, what the advantage would be, she was never told and now she doesn't know what's going to happen to her property; she has a map from 1949 showing the street width was 30' and they are going to go down to 24' width now; there were about 15 houses on the whole hill, now we're going to have 140, there will be about 280 cars on this cul-de-sac going in and out on a 24' width strip. Mrs. Millen stated she was never approached, never told about what was going on, she had to go to the City herself to find out anything. City Engineer Hoffland stated he has talked to Mrs. Millen before; the point that she made about the original paving for 24th Street across her property having been never dedicated, they concur with that; there was no dedication for 24th Street off of any of the property on the north side of 24th; all of that dedication for 24th Street came off the south side; she's had access to her property because her neighbor across the street dedicated the roadway; the pavement in fact encroaches on her property, it has never been dedicated and staff feels there may be some prescriptive rights for the public to continue using that for a roadway; the developer is dedicating on the south side of this line and will improve a 24' wide travel way; this is sufficient for two lanes and he's constructing a cul-de-sac; in Mr. Hoffland's opinion and the opinion of planning staff, this is much superior to the roadway that exists now. Mr. Hoffland stated the roadway that existed before this development was ever planned encroached upon Mrs. Millen's property; the developer is planning to have his access on his own dedicated roadway. Mr. Hoffland stated there will be a 24' wide improved roadway after he dedicates outside of Mrs. Millen's property. Mrs. Millen stated they are going to lower the street level by about three feet and askedewhat's going to happen to it? she wanted to leave it the way it is,/ didn't want anything done to it; just leave it like it is. Mr. Hoffland stated the grading plan shows that where the grade of 24th Street changes, the developer will have to make slope to match existing grade; if he can't get Mrs. Millen's permission to slope on her property, then he must make some other provision to take up the difference in grade; he cannot use Mrs. Millen's property without her permission. NATHAN DODSON, owner of the property at 1839 24th Street, was present and distributed a map to Council that showed where his house sits; the developers are filling in his property he's going to have a hole at one 3/14/78 88 end; he's signed all the things that he's been asked to sign, but now he sees that filling in his property at one end will leave a hole at the other. Mr. Hoffland stated the developer's engineer prepared his grading plan, it has been reviewed by staff, the property sits adjacent to a canyon, 24th Street, itself, and two rows of houses that used to front on it were on a relatively high grade compared to the canyon between the park and 24th Street; so the backs of these properties are quite low; the developer obtained permission to slope on this property and the slope is a rather gentle one, about 1O% slope fm m the elevation of Mr. Dodson's lot; the area is being graded in a proper way to make the best use of the land; in addition, the developer is having to install a rather extensive drainage system to handle the drain coming down the canyon. Mr. Dodson stated he thought when he gave permission to fill his property he was going to fill all of it and not just a part of it. IRENE SNYDER, owner of the property at 1923 E. 24th Street, was present and stated she signed with the developer for use of her frontage; back in 1949 she had the property surveyed and the marker was out in the street, but it had been covered up by surfacing; she would like at this time, if at all possible, to have the planter that was being planned to go in; have it just a retaining wall as will be put in front of Mrs. Dodson's property; she gave the developer use of the property but would like the planter taken out and retaining wall put in. Mr. Hoffland stated all three of these properties, Mrs. Milier's, Mr. Dodson's and Mrs. Snyder's, are in a similar situation in that the existing pavement that has been used for a roadway for some time actually encroaches on their property; hence, the developer made the agreement with the neighbors, and he's dependent upon those agreements to finish his grading plan; this is a private matter between the developer and the adjacent neighbors; staff requires that they get permission wherever they slope on adjacent property. DICK KAU, 4203 Acacia, Bonita, was present and stated he had obtained the permits; their thought was to improve an area that was run down; the three remaining houses on the north side are all nice structures, the houses on the south side are in r por shape; the road is horrible; they are trying to upgrade the entire neighborhood; the slopes on the Dodson property are very gentle, they've agreed to put a lot more dirt on their property than originally thought; they want to enhance the value of their property not take away from it. Mrs. Snyder stated she doesn't feel that she knows exactly what is going to be done in regards to the frontage. Mr. Kau stated he had obtained a non -revokable agreement with Mrs. Snyder -- they will lower the street but it will be made in such a way that the approach to her property will be improved instead of downgraded. Mayor Morgan called a five minute recess. ROLL CALL Present: Councilman Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. HEARINGS (cont'd) Moved by Dalla, seconded by Camacho, we continue this hearing for one week and let the property owners and developers work out the details and understandings that they have to work out. There was further discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Van Deventer. Nays: None. Abstain: Morgan. Vice Mayor Van Deventer requested a letter from the school district explaining that they could accommodate the possible impact of additional students in the area school. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these Resolutions be presented to Council by title only. Carried by unanimous vote. Resolution No. 12,655, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UN - BUDGETED FUNDS FOR ADDITIONAL FUNDS NEEDED TO COVER INCIDENTALS FOR ALLEY BETWEEN "E" AVENUE AND "F" AVENUE BETWEEN 2ND & 3RD." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,655 be adopted. Carried by unanimous vote. 3/14/78 89 Resolution No. 12,656, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE WESTERLY 52.92 FEET OF 7TH STREET WITHIN THE 1400 BLOCK, WEST OF AND ABUTTING THE EXISTING CUL-DE-SAC." Moved by Camacho, seconded by Waters, Resolution No. 12,656 be adopted. Carried by unanimous vote. Resolution No. 12,657, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - Hlawatsch -,for street purposes)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,657 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: None. Abstain: Waters. Resolution No. 12,658, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES ("G" Avenue)." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,658 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: None. Abstain: Waters. Resolution No. 12,659, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND RESCINDING RESOLUTION NO. 12,560 ("N" & 9th Street, Assessment District No. 188)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,659 be adopted. Carried by unanimous vote. Resolution No. 12,660, "RESOLUTION OF INTENTION ("N" Avenue & 9th St., Assessment District No. 188)." Moved by Camacho,seconded by Waters, Resolution No. 12,660 be adopted. Carried by unanimous vote. Resolution No. 12,661, "RESOLUTION ORDERING WORK (Alley between 2nd Street to 3rd Street and "E" Avenue to "F" Avenue, Assessment District No. 192)." Moved by Camacho, seconded by Waters, Resolution No. 12,661 be adopted. Carried by unanimous vote. Resolution No. 12,662, "RESOLUTION ADOPTING WAGE SCALE (Alley between 2nd Street to 3rd Street and "E" Avenue to "F" Avenue, Assessment District No. 192)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,662 be adopted. Carried by unanimous vote. Resolution No. 12,663, "RESOLUTION AUTHORIZING EXECUTION OF SUB- DIVISION IMPROVEMENT AGREEMENT (Palm Homes, Inc.)." Moved by Waters, seconded by Camacho, Resolution No. 12,663.be adopted. Carried by unanimous vote. Resolution No. 12,664, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE VACATION OF 2OTH STREET BETWEEN NATIONAL AND ROOSEVELT AVENUES AND ADJACENT ALLEY." Moved by Camacho, seconded by Dalla, Resolution No. 12,664 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Van Deventer. Nays: None. Abstain: Morgan. Resolution No. 12,665, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE VACATION OF THE SOUTHERLY ONE-HALF OF 2OTH STREET BETWEEN HOOVER AVENUE AND ROOSEVELT AVENUE." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,665 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Van Deventer. Nays: None. Abstain: Morgan. Resolution No. 12,666, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE NORTHERLY 160 FEET OF THE ALLEY LOCATED BETWEEN 15TH AND 16TH STREETS AND "C" AND "D" AVENUES (SC-7-77)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,666 be adopted. Carried by unanimous vote. Resolution No. 12,667, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING THE REGIONAL AIR QUALITY STRATEGY (RAQS) AND AGREEING TO PARTICIPATE IN ITS IMPLEMENTATION; AND, ADOPTING THE RAQS IMPLEMENTATION PROGRAM; AND, AGREEING TO PARTICIPATE IN REFINING THE RAQS AND PREPARING THE AIR QUALITY AND MAINTENANCE PLAN." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,667 be adopted. Carried by unanimous vote. 3/14/78 90 Resolution No. 12,668, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Stanton L. & Mary E. Myers, Eng. No. 3876, 2427 Van Ness Avenue." Moved by Waters, seconded by Camacho, Resolution No. 12,668 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER #33 dated March 14, 1978 in the amount of $30,211.47 (Warrants Nos. 60997 through 61061); and, WARRANT REGISTER NO. 34 dated March 14, 1978 in the amount of $125,310.88 (Warrant Nos. 61064 through 61123) and PAYROLL for the period ending February 28, 1978 in the amount of $180,642.29 was presented. Moved by Camacho, seconded by Waters, this be approved and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Van Deventer, Morgan. Nays: None. Item No. 24, CLAIM FOR DAMAGES from STELLA LANDRUM alleging fall on or about November 28, 1977 at or about the 1700 block of Division Street; and, Item No. 25, CLAIM FOR DAMAGES from MR. & MRS. FREDERICK A. PUHN alleging damage to driveway due to blocked drainage path along a curb were presented. Moved by Camacho, seconded by Waters, these be denied and referred to the City Attorney. Mr. Frederick Puhn, 425 Shell Ave., was present and requested the opportunity to submit photograph of the damage to his property that he is alleging; City Attorney McLean recommended the gentleman contact the City's insurance carrier regarding this claim; it is the policy of Council not to ajudicate claims against the City. City Engineer Hoffland stated that staff has reviewed the location of the burro and have noted that it is in the City of San Diego and, therefore, is preparing a letter to the Director of Public Works and Transportation for San Diego indicating Mr. Puhn has claimed damage due to a drainage problem that is located within San Diego. Motion carried by unanimous vote. PETITION FOR 1911 ACT IMPROVEMENT OF ALLEY BETWEEN 18TH AND 20TH STREET STREETS, K AND L AVENUES (petition signed by 13 property owners for improvement of alley was filed with the City Clerk on March 2, 1978; petition purports to be signed by 60% or more of the property owners; staff recommends it be referred to the City Engineer for study and report) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. The Director of Public Works' recommendation to approve DEFERRAL of STREET IMPROVEMENTS adjacent to 2918 "N" Avenue, MILLIGAN (the 2900 block of "N" Avenue presently has curbs, sidewalks and temporary paving; the property owner has applied for a deferral because the existing temporary pavement is in good condition and because no gutters exist in the entire block; he has offered to sign a Covenant not to protest a 1911 Act for street improvements) was presented. Moved by Camacho, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. Item 28, the application for person transfer of OFF -SALE BEER AND WINE LICENSE by Mary A. and William L. Haendle, dba BILL•'S MARKET, 1540 Coolidge Avenue; and, Item 29, the application for OFF -SALE BEER & WINE LICENSE by Alfredo A. and Julie G. Javier, dba JAVIER'S TROPICAL D-LITE ICE CREAM, ORIENTAL-AMERICAN FOOD, BAKERY CENTER, 505-A E. 8th Street were presented. Moved by Camacho, seconded by Waters, they be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Van Deventer. Nays: None. Abstain: Morgan. The Director of Public Works' recommendation to APPROVE DRIVEWAY at 305 NORTON AVENUE, Widick (the property owner has applied for approval. of a driveway to exceed 60% of the property frontage) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. 3/14/78 91 An expression of Council position on the proposed CPO Policy for Urban Open Space and Recreation Program (by letter dated 1/23/78 the Executive Director of CPO requested that Council express an opinion on proposed policy regarding the division of Urban Open Space and Recreation LOOS&R] funds allocated to the region; under the UOS&R Program approximately $1,669,324 has been allocated by the State to the San Diego region for use by various jurisdictions in the acquisition and development of parks and recreation facilities; National City has applied for and received approximately $30,300 of UOS&R funds in FY 1977 and 1973 for a total of $60,564; these funds have been utilized, along with other grant sources, in the development of the Kimball Park Tot Lot and Zoo Project; in FY 1979 NationalCity will be eligible to apply for its final increment of $30,304 under the grant program; the county of San Diego is eligible to receive $681,962 under the UOS&R program for the current fiscal year; under the proposed policy the county would utilize approximately one-half [$350,000] of its UOS&R funds for development of regional parks and the remaining one-half in development of local parks in unincorporated areas; it is important to note that regardless of whether or not the proposed CPO Policy is implemented, National City's allocation under the UOS&R program will not change) was presented. City Manager Gill stated staff recommends that the City Council concur in this proposal only if such concurrence is prefaced with a recommendation to the County and CPO that Sweetwater Regional Park become the recipient of County UOS&R funds. City Manager Gill stated there is no direct financial benefit to the City but there's nothing detrimental and it would be proper that the City make sure the Sweetwater Park could be the recipient of any funds to the County. Moved by Morgan, seconded by Van Deventer, we file this request. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE RECONSTRUCTION OF PLAZA BLVD. adjacent to Plaza Commercial Ltd (just east of Harbison) and appropriate funds therefore (the developer for Plaza Commercial Ltd. has an obligation under Ord. 1491 to improve the south half of Plaza Blvd. adjacent to his property; due to the temporary nature of existing pavement and due to the heavy rainfall this winter, it is necessary to completely reconstruct the two westbound lanes adjacent to the developers work; costs are estimated to be $11,080 although no funds are budgeted this year for the work; in November of 1975 the Council directed certain traffic safety items be budgeted for the intersection of 8th Street and Plaza Blvd.; several fatal accidents occurred in a short period of time where signal poles and other obstructions in the roadway were hit by out -of -control vehicles; in the past year only one accident occurred, and the budgeted $11,500 can be better utilized from a traffic safety standpoint by paving Plaza Blvd.; authorization of the reconstruction of Plaza Blvd. pavement and to delete the signal modifications at 8th and Plaza Blvd. is recommended) was presented. City Manager Gill stated the City intends to do two lanes of permanent paving; it will be burmed on the north side to protect the permanent paving until such time as the north side is developed. Moved by Waters, seconded by Camacho, in favor of the recommendation. Carried by unanimous vote. Asst. to the City Manager Ronald Ballard's recommendation regarding the LEASE of REAL PROPERTY at 23rd Street and McKinely Avenue (On 11/22/77 Council referred this item to staff for the purpose of inviting interested parties to submit proposals to lease the property; after advising the State of the disposition, the property was advertised and proposals solicited; on Tuesday, 2/21/78, four letters of proposal were opened by the undersigned; the proposals are tabulated as follows: [1] Hy Build Materials, Inc., proposed use, building materials storage, amount offered, $3,036 annually for a term of ten years; [2] South Bay Transfer & Storage, proposed use, off-street parking, amount offered $1,525 for a term of ten years; [3] Ace Metal, proposed use, storage and sales yard, amount offered, $1,300 for a term of ten years; [4] Coastal Rigging, proposed use, parking and storage, amount offered 3/14/78 92 $1,200 for a term of ten years; an appraisal conducted by Kenneth S. Copeland, dated 11/17/77, indicates that all the amounts offered are reasonable and in fact in excess of what the City might expect; staff pointed out that the uses of the property are virtually the same, the revenue to be generated by a lease to either Hy Building or Coastal Rigging is virtually the same and either lease would be advantageous to the City and satisfactory to the staff) was presented. Moved by Camacho, seconded by Waters, this be approved. There was discussion. Moved by Van Deventer, seconded by Waters, put it out to bid for sealed bids and high man gets it. Councilman Dalla stated had it not been for Coastal Rigging the City wouldn't have known that it owned the property. Motion carried, by the following vote, to -wit: Ayes: Dalia, Waters, Van Deventer, Morgan. Nays: Camacho. WRITTEN COMMUNICATIONS A letter from the LUNG ASSOCIATION regarding passage of a "no smoking" ordinance in National City was presented. Moved by Waters, seconded by Camacho, this item be filed. Carried, by the following vote, to -wit: Ayes: Dalla, Waters, Van Deventer, Morgan. Nays: None. Abstain: Camacho. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING Item 35, TENTATIVE SUBDIVISION MAP, LAS PALMAS PARK VILLAS, 24th St. west of I-805. Moved by Van Deventer, seconded by Camacho, this be continued one week. Carried by unanimous vote. DRAFT REPORT, PHASE ONE, LOCAL COASTAL PROGRAM: The report constitutes Phase One of the Local Coastal Program for the City required by the California Coastal Act of 1976; it was prepared by Westec Services under contract to the City and funded by a $2000 grant awarded for this purpose by the Governor's Office of Planning and Research; this report is not a plan, nor does it contain any plan proposals. Planning Director Gerschler stated this report should be released for comment to other agencies. Moved by Dalla, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. Recommendation to initiate ALLEY VACATION, NORTH -SOUTH ALLEY between "C" and "D" Avenues, south of 27th Street, (SC-1-78, Kuhn & Goffin). Planning Director Gerschler stated staff and Planning Commission recommend this matter be set for public hearing. Moved by Van Deventer., seconded by Dalla, this be set for public hearing. Carried by unanimous vote. TENTATIVE PARCEL MAP, 1909 "D" Avenue (Conversion of an existing duplex into a 2-unit condominium; the subject lot is 40' X 115'; current standards require that building sites have a minimum of 50 feet of street frontage; this lot does not meet this minimum; however, the lot is a legal building site; staff recommends denial; this is the first request staff has seen for a "duplex condominium"; it presents questions and issues for which there are little or no policy guidelines; if the City allows duplexes to be divided in ownership, the practical result would seem to be contrary to the intent of the minimum lot size rules) was presented. Moved by Dalia, seconded by Van Deventer, this be denied. DON WORLEY, attorney, 617 Financial Square, San Diego, was present on behalf of the applicant Mr. Roy Leber. Mr. Worley stated this is an application for a single lot to convert an existing duplex into a condominium; this is not a lot split; there will be no physical change as a result of this conversion; as they understand the staff and 3/14/78 93 Planning Commission's denial, they do not object to this particular conversion but object to the entire idea of ever converting a duplex into a condominium; he believed this is something that is outside the authority of a City, when in fact the state law does clearly contem- plate there will be condominiums consisting of duplexes, because the state Subdivided Land Act clearly provides for a subdivision public report to be issued where there are two or more condominium units which clearly indicates a duplex; secondly, state law prohibits a City or County from denying a permit to convert an existing building to a condominium based only on its lack of conformity to a general or community plan, unless that general or community plan has a specific element about condominium conversions; one of the grounds for a motion of denial before the Planning Commission was that it violated the General Plan of the City, he submitted that because of this recent change in state law that that was outside the authority of the Commission at that time; they do not believe this violates any lot site minimums of the City because there will be a one lot subdivision; there will not be a carving up of this land into two separate lots and it's really no different than if it were a 43 unit condo project where the equivalent land area of the project may be 1000 square feet per unit; finally, it does not violate the state Subdivision Land Act, there's a whole list of things that give Council and the Planning Commission discretion to see whether or not these plans comply and none of those factors are present in this particular case; there is no Ordinance or Resolution or policy of the City that would prohibit this thing. Mr. Worley stated they feel there is a very important legal issue at stake and that's whether or not it is appropriate to deny a conversion of a duplex simply because it is a duplex for no other reason than there is no existing legal authority for doing so and when State law which we feel pre-empts the field on condominium conversions clearly contemplates that duplexes can be converted into condominiums; for all of these reasons we urge you to approve this parcel map. Planning Director Gerschler stated they were looking at the spirit and intent of the Code rather than the letter of it; the lot is only 4600 square feet to begin with which isn't big enough for a single dwelling; ordinarily, if you were talking about one family on every 5000 square feet which is the spirit of the law and not the letter, you would have one family for each 2300 square feet; he agreed there is a good legal question and he would urge Council to refer this to the City Attorney for an answer. Motion carried by unanimous vote. MAYOR MAYOR MORGAN recommended the appointment of Jess Van Deventer to represent the City on the CPO and also on the Solid Waste Management Task Force of San Diego County. Moved by Waters, seconded by Camacho, in favor of recommendations. Carried by unanimous vote. Councilman Dalia stated he feels City should establish a limited term for a Councilman to serve on CPO; this involves a lot of work and time and should be more evenly shared by members of the Council. Moved by Morgan, seconded by Waters, the POLICE RETIREMENT ISSUE be put on the June ballot and refer it to the City Attorney to make the wording for the June ballot. Councilman Waters stated during the recent campaign he felt the general public had become very involved in this issue and they should have a voice in how and if it is done; if theRblice Department goes out and sells the public on this and if the public wants this type of retirement, he would support it 100%. PATRICK THISTLE, attorney, 110 West "C" Street, San Diego, representing the National City Police Officers Association was present, and stated on July 12th, 1977, Council approved a Memorandum of Understanding between the NCPOA and the City; the terms of the Memorandum were drawn at the conclusion of prolonged negotiations between representatives of the Association and the City and contain 28 articles relating to the wages, hours and terms and conditions of employment of represented personnel of the Police Department effective July 1, 1977 and running through June 30, 1979. Mr. Thistle stated the provisions of the MOU 3/14/78 94 clearly reflect the give and take process of negotiations; since that time it appears that at least one article of the MOU was made the subject of politicat debate and, as in many issues in the political arena, many statements were made which had questionable if any basis in fact or logic; the political conflict now having been resolved, it is, therefore, the position of the POA that, (1) a binding agreement relating to wages, salaries and terms and conditions of employment exists between the City and the Association; (2) the governing board of the Association intend to live up to and perform as required by the contract on their part; (3) the MOU fully expects and anticipates that the City will fulfill its obligation as in any other contractual agreement; the Association intends to avail itself of the proper remedies if a breach takes place; (4) the Association considers any further political action taken to void the terms of the agreement not only a contractual breach but a display of bad faith against employees designed to meet political ends; it is clear in the law that placing this or other articles of the existing agreement before the electorate for a binding decision would be an illegal act in the face of a binding and legal contract currently in existance. Mr. Thistle stated they understand that the matter concerning the MOU, the contract, results from political activity and the Association urges this Council to bring this matter to a speedy conclusion so that they can go on about the business of providing quality law enforcement service in accordance with the existing agreement. Mr. Thistle stated he doesn't believe this is a matter for a special ballot or a special election, the process of negotiating a contract with an employer -employee association is clearly laid out in Sections 3500 et. seq. of the Government Code (the Myers-Millias-Brown Act); the negotiations were undertaken by representatives of the City some time ago, prior to the signing of the existing document, the MOU, to now take one part of that agreement and make it the subject of an election is to completely negate the process which is laid out in the law and was in fact followed by the parties to the agreement; this raises a lot of other questions; what do you do with the other 27 articles of the agreement? what do you do with what was traded away? what do you do with the negotiating process that took place prior to the execution of the agreement? There was discussion. Motion failed, by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Camacho, Dalla. Abstain: Van Deventer.. PLANNING COMMIISSION - NOTICES OF DECISION Item 39, Planning Commission Resolution No. 6-78, approving application for Conditional Use Permit to allow development of a retail building materials store at 3400-3600 Highland Avenue, west side (CUP 1977-11); Item 40, Planning Commission Resolution No. 7-78, denying without prejudice application for zone variance to allow addition to the Missionary Church of God in Christ without providing the required number of additional off-street parking spaces for the increase in intensity of use at 2004 Wilson Avenue (Z-10-77); Item 41, Planning Commission Resolution No. 10-78, approving application for Conditional Use Permit to allow development of a parking lot for use by the Missionary Church of God in Christ on the west side of the alley immediately west of 2004 Wilson Avenue (easterly 25' of Lots 1, 2 and 3 of Block 172 - CUP 1978-1); Item 42, Planning Commission Resolution No. 9-78, approving application for Planned Development Permit to allow development of four duplexes at 1407, 1415, 1423 and 1421 E. 7th Street (PD-96); Item 43, Planning Commission Resolution No. 12-78, approving application for Planned Development Permit to allow development of a two-story frame and stucco 8-unit apartment building at 227 Norton Ave., (PD-98). Moved by Morgan, seconded by Van Deventer, item 43 be appealed and set for public hearing. Carried, by the following vote, to -wit: Ayes: Dalla, Waters, Van Deventer, Morgan. Nays: Camacho. CITY COUNCIL VICE MAYOR VAN DEVENTER stated he believes in considering the Jarvis - Gann Amendment, the City should inform the citizens of the questionable 3/14/78 95 impact on property owners and its impact on local government if this measure is enacted; we should (as a governing body) inform every citizen of the impact to our city and it should be done at this time. Moved by Van Deventer, seconded by Dalla, the City Manager come up with some recommendations. City Manager Gill asked if this was over and above the report he had sent to the county regarding the financial impact to the City? Vice Mayor Van Deventer stated he hadn't seen that report. Moved by U:?aters, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:00 p.m. / CITY CLEF3( CITY dF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting on March 28, 1978. No corrections 0 corrections CITY OF NATIONAL CITY, CALIFORNIA 3/14/78