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HomeMy WebLinkAbout1978 04-11 CC MIN122 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 11, 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: Della, Van Deventer, Waters, Morgan. Absent: Camacho. Administrative officials present: Campbell, Gerschler, Gill, Hoffiand, 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. Atwell Stewart, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Waters, the minutes of the regular meeting of March 28, 1978 be approved, Carried by unanimous vote. Absent: Camacho. PRESENTATIONS AND PROCLAMATIONS LORNA HARRIS, 7181 E. 18th Street and NANNETA VIRAY, representing Executive Board of the Girl's Club, were present to request $3,000 to help purchase a van for transportation (seniors lunch program and clinic); in 1976 they applied for a van from the Federal government, they have just received the contract and although they originally had ample money to cover the cost, costs have risen considerably since the application was filed. Mrs. Harris stated the contract calls for a 15 passenger van, estimated in 1976 to cost $11,000, the cost is now $13,000; the van is equipped with tie•downs and a lift to help those in wheelchairs; the tie -downs raised the cost as did the lift. Mrs. Harris stated their share of the cost was to have been 20% of the cost or $2,943; it is now $3,975. Mrs. Harris stated the Altrusa Club of National City will donate $1,000 toward the van. Moved by Waters, seconded by Morgan, in favor of the Girls Club request for $3,000. Mrs. Viray, Executive Dir., stated money set aside for the van had been used during the construction of the Girls Club facilities due to increase material costs and unforeseen expenditures. There was discussion. Moved by Dalla, seconded by Van Deventer, the motion be amended to extend to the Girls Club the amount they've expressed in the form of a loan to be paid back sometime within the next year. Amendment failed, by the following vote, to -wit: Ayes: Delia, Van Deventer. Nays: Waters, Morgan. Absent: Camacho. There was further discussion. Moved by Van Deventer, approve in the form of a straight loan after June 6th if we had the money and the City doesn't lose the funds at that time that I would be in favor of it of a grant of the full $3,000, Mayor Morgan stated this puts the Girls Club in the situation of not being sure of the money. BERNICE MEIERS, 3420 Tolas Court (Treasurer, Girls Club) was present and stated no one has juggled funds more to meet their committments to open the new clinic and handle their new program; they are now faced with shortages due to the increased costs of materials and the van. Motion failed, by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Della, Van Deventer. Absent: Camacho. Moved by Morgan, seconded by Waters, we give the club a $34000 loan for one year. Motion carried by unanimous vote. Absent: Camacho. MICHAEL MC MULLEN, representing the National City Police Officers Association, was present and requested Res. 12,708, Item 11 on the 4/11/78 123 Agenda, be read in full rather than by title. PUBLIC HEARINGS The continued HEARING to consider AMENDMENT TO GENERAL PLAN GP-1-78, Item 8 (to change from "General Commercial" to "Heavy Commercial"the vacant parcel on the east side of Palm Avenue, 200 block, adjoining the north side of the National Guard Armory (Assessor's Parcel 554-050-17) was held at this time. Asst. Planning Director Gunnarson stated this item was continued from the Public hearing of April 4; the Planning Commission had recommended approval of Item 8 and addition of PD to a future zone change. JOHN SENNEFF, 222 Winama; La Jolla, the proponent for this action, was present and thanked Council for giving him the opportunity to speak to this proposed change; several members of Council had seen the facility he built in Santee which is like the one he proposes on this property; it would be compatible with the terrain and with the general environmental characteristics. Mr. Senneff said two years ago the City Council considered this matter, after a favorable recommendation from the Planning Commission, and granted a General Plan change that would permit a self -storage facility; at the time they requested the change they indicated the use they wished to put the property to; subsequent to that time there was an amended compatibility matrix that precluded this use and this is why they were back again asking for a General Plan change to "Heavy Commercial" which is the change necessary to base the zoning change. Mr. Senneff stated he is asking Council to consider granting him the opportunity to present to Council a specific plan for a personal self -storage facility in this area; they will have the opportunity to look at their ideas; he was not asking for any approval of this action at this time, simply to give them the chance to have their architect work out something that Council can consider. Mr. Senneff stated they plan on having a resident manager for the facility; there will be no outside storage; all storage will be in stall, self-contained units; there will be a cluster of buildings tastefully landscaped both inside the fence and outside and it will be pleasing for this part of the City. Mayor Morgan stated he had viewed the facilities in Santee and was not happy with what he's seen; when Council delays action on this change they are delaying the other eight items ahead of it. Mayor Morgan asked Mr. Senneff to get this on the next General Ptan change to give him the opportunity to work on his proposed project. Planning Director Gerschler stated this would be convenient for staff. Mr. Senneff stated this would be fine with him. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation and to delay for one more week and continue the public hearing. Carried by unanimous vote. Absent: Camacho. The HEARING on the PROPOSED REZONING from RM-1 to RT properties in the 100 block of DIVISION STREET, north side, 1015 through. 1055 inclusive, and the three vacant parcels adjoining the north property lines if 1015, 1025 and 1033 Division Street (ZC-1-78) was held at this time. City Clerk Campbell stated the affidavit of Mailing ad Certificate of Publication were on file; a letter of protest was received from Dorothy L. Kane, owner, Happy Hollow Trailer Park. Asst. Planning Director Gunnarson stated this is a City-initated rezoning; it is the first of the apartment area rezoning cases referred to the Planning Commission by the City Council. Mr. Gunnarson displayed a map outlining the area affected by this change and stated the area contains eight parcels; the proposal is to rezone the property from Residential Multiple to Residential Two Family; Happy Hollow Trailer Park is located adjacent to this area; the current zoning would allow 14 additional multiple dwelling units to be developed within the area; the proposal would limit maximum development on any one parcel to a maximum of two, this would yield a maximum of seven additional units within the area; the area directly adjacent to the property is zoned RT so a changed RT in this area would match the zoning to the east; there are two letters of protest, one from the property at 1015 Division Street and from the owner of the Happy Hollow Trailer Park at 999 Division Street who owns three vacant parcels within the area; The Planning Commission has recommended In favor of this rezonj no. 4/11/78 124 DOROTHY:LANE, 999 Division Street, was present and stated when she purchased the property of the Happy Hollow Trailer Park over ten years ago those three lots were included as part of the trailer park and have been part of the parcel for over 35 years; the parcels of 1015, 1025 and 1033 which are to the south are at an elevation of 50-70 feet above the three vacant parcels and the terrain separates them; as far as being zoned residential, that would be of service, there is one lot that joins exactly to the trailer park and has access on Eta Street; but these other lots have no access at all; and asked if Council were to rezone the three parcels to residential what good would they be? no one could get into them. Mrs. Kane stated if this land that is adjacent to the trailer park were to be rezoned as part of the trailer park, they would never have a density of more than 5-6 mobile homes on those three parcels because they.would put large lots on it and improve it and it would be more of a park area; as far as density is concerned it wouldn't matter whether it were rezoned to RT or kept as part of the trailer park. Mayor Morgan stated he would like to encourage mobile home parks to come into the City. No one else spoke in this regard. Moved by Waters, seconded by Van Deventer, the public hearing to rezone from RM-1 to RT the 1000 block of Division Street north side of 1015 through 1055 be approved and that the owner of the property known as the Happy Hollow property that it remain as is, that's the three lots that she owns. Carried by unanimous vote. Absent: Camacho. The HEARING on PROPOSED ZONE CHANGE to add H-15 (HEIGHT LIMITATION) to City blocks bounded by 4th Street, "L" Avenue, 6th Street and "I" Avenue; city blocks bounded by 6th Street, "M" Avenue, the east -west alley between 7th and 8th Streets and the easterly prolongation if its centerline, and "I" Avenue, and property at 404 "I" Avenue (ZC-2-78) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Asst. Planning Dir. Gunnarson stated this is a city -initiated rezoning; it is part of the "apartment area" rezoning cases referred by the City Council to the Planning Commission for action; the area is east of Highland Avenue, south of 4th Street and north of 8th Street and runs as far east as "M" Avenue; the area contains 129 parcels; within the area there is a mixture of existing single family, two family and multiple family dwelling units; there are about 12 parcels with existing 2-story apartment buildings, and about 11 parcels with 2-story single family residences; 5 parcels are vacant and the remaining 101 parcels contain single story construction; the proposal for the area is to add a two- story height limitation to the entire area which would limit any further construction to one-story. EDWARD LOCKWOOD, 936 E. 4th Street, was present and stated he owns a 65' X 75' lot and is afraid if his house were to burn down he would not be able to replace it with an adequate house; three doors up on "J" Street there is a vacant lot that was built on two years ago and they had to take a foot on each side of their 50'X 50' lot and on the side and they had to go up two stories; the lots on the street are all 501X 50'except his lot; all of these lots are too small to build anything except a single family residence and if there were a 15' height limitation, be could never build anything on it again. There was discussion. Mr. Lockwood requested Council add a rider to the proposed plan stating that any lot less than 250 square feet, or whatever, is excluded from this 15 foot height. RICHARD MARTINEZ, representing his mother-in-law who lives next door to 418 "J" Street, was present and stated she has the 50' X 50' lot next to Mr. Lockwood; there is a two bedroom house; if it were to burn down, they couldn't do anything with the lot because it's too small; if they can't build up, what good would the lot be to them? Mayor Morgan requested Planning Director Gerschler to look into this situation and report back to Council. Mr. Martinez requested an exception be made for the small lots in the area. L. R. DAVIS, attorney, representing the property owners (Irene Alston and his wife Geraldine Davis) at 1025, 1027 E. 6th Avenue and 513 "I" Avenue was present and stated great consideration should be given to this designation; it is extremely difficult with a 15 foot height limitation to put more than one or two units on the property; by limiting this area you will not have any more 4/11/78 125 apartmentsor two stories properties; the imposition of the 15 foot limit would affect the tax rate. Asst. Planning Dir. Gunnarson said there are approximately half a dozen 50' X 50' lots in the area. Planning Director Gerschler stated he has referred to the Code regarding a house being reconstructed; the Code states that if a house in this area burns down, the house that burns down could be replaced exactly as it was; could you replace a one story house with a new two story house? the answer is no; if there were a whole group of lots that fell into the 50' X 50' category, Council could make them single family zoning and drop the height limitation; if there appears to be a only few; chances of the houses burning down is low; there would probably be justification for approving zone variances in such cases. Moved by Morgan, seconded by Van Deventer, the public hearing be closed and the recommendation of the Planning Commission be processed. Carried by unanimous vote. Absent: Camacho. ADOPTION OF RESOLUTIONS Moved by Waters, seconded by Van Deventer, these Resolutions be adopted be title only. Carried by unanimous vote. Resolution No. 12,701, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Leonard E. Teyssier, portable loading dock within a sewer easement near 3200 block of Highland Avenue)." Moved by Waters, seconded by Van Deventer, Resolution No, 12,701 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,702, "RESOLUTION APPROVING FINAL SUBDIVISION MAP FOR FOR SOUTH SCAPE CONDOMINIUMS." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,702 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,703, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 1077 (No. 98, to allow the development of a two-story, frame and stucco, 8-unit apartment building on property located at 227 Norton Avenue- Allied Builders of San Diego, Inc.)" Moved by Van Deventer, seconded by Waters. Resolution No. 12,703 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,704, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AND PROVIDING FOR THE EXECUTION OF A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00593, MUNICIPAL POOL RENOVATION, BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION," Moved by Waters, seconded by Van Deventer, Resolution No. 12, 704 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,705, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Wall & Planter in Public Right of Way adjacent to 230 Division St - Elizabeth Ruth Scrimger)." Moved by Van Deventer, secondec by Dalla, Resolution No. 12,705 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,706, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Wall, sewer, and drain within City drain easement at 1709-1749 E. 16th St. - Nicholas Frank Debbas)." Moved by Waters, seconded by Van Deventer, Resolution No, 12,706 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,707, "RESOLUTION DENYING APPLICATION FOR CSONDITIONAL USE PERMIT (CUP 1977-22) AND RECITING FINDINGS OF FACT THERETO (American Towing - Auto Storage Yard at 900 W. 17th St.)" Moved by Van Deventer, seconded by Waters, Resolution No.,12, 707 be adopted. Carried by unanimous vote. Absent: Camacho, 4/11/78 126 Resolution No. 12,708, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY? CALIFORNIA, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD ON NOVEMBERjj7, 1978, FOR THE PURPOSE OF SUTING TOBMITTING REVOKING3THATT FORTIOTHE r i fONAVC�ICE OFFICITY A ICCERSRE AS ASSOCIATION MEMORANDUM OF UNDERSTANDING PROVIDING 2% AT AGE 50 RETIREMENT FOR POLICE OFFICERS." Moved by Dalla, seconded by Van Deventer, an amend- ment be made in the title of the Resolution deleting "Resolution No. 12,406" substituting the "National City Police Officers Association Memorandum of Understanding July 1, 1977 to June 30, 1979" that be in the title and other portions of that same Resolution that refers to 12,406. Carried by unanimous vote. Absent: Camacho. Councilman Waters asked City Attorney McLean if there was a stipulation in the original agreement that if the City was not able to handle the retire- ment there would be a 7% pay raise; what happened to that? City Manager Gill stated the MOU provided that during the current fiscal year the police would receive a salary increase as did all the other employees under their MOU's; and that on July 1st there would be no salary increase but "2% at 50" would be effective providing the City was financially able to implement it. Councilman Waters asked if it would be in order to consider that 7%. Mayor Morgan stated this should be considered before July 1st. City Attorney McLean read the resolution in its entirety at the request of Officer McMullen. Councilman Waters gave a copy of the Resolution to Officer McMullen. Moved by Morgan, seconded by Van Deventer, Resolution No. 12,708 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,709, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE THE SPECIAL ELECTION OF SAID CITY TO BE HELD NOVEMBER 7, 1978, WITH STATEWIDE ELECTION TO BE HELD ON SAME DATE." Moved by Dalla, seconded by Van Deventer, the Resolution should be amended as per the same manner as the previous Resolution and strike that portion. Carried by unanimous vote. Absent: Camacho. Moved by Van Deventer, seconded by Waters, Resolution No. 12,709 be adopted. Carried by unanimous vote. Absent: Camacho. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of. WARRANT REGISTER 38 dated April 1978 in the amount of $61,706.56 (Warrant Nos. 61487 through 61565) and PAYROLL for the period ending March 31, 1978 in the amount of $186,847.87 was presented. Moved by Dalla, seconded by Waters, this be approved. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Absent: Camacho. A CLAIM FOR DAMAGES from RICHARD SANDERS alleging emotional distress and economic harm due to arrest of his employee, Michael S. Cecil by members of the National City Police Department was presented. Moved by Waters, seconded by Van Deventer, this claim be denied and referred to the City.Attorne. Carried by unanimous vote. Absent: Camacho. The Director of Public Works' recommendation to approve DEFERRAL of requirement to install GUTTER at 2840 "K" Avenue, Voigt (the applicant has a requirement to install $965.00 in street improvements, which would include driveway repairs and a new concrete,gutter; the installation of gutter one lot at a time is of marginal benefit, and would be better accomplished by a 1911 Act) was presented. Moved by Dalla, seconded by Van Deventer, in favor of the recommendation of the City Engineer and also with this a Covenant Runnin with the Land be inserted in the requirement. Carried by unanimous vote.—Wsent: Camacho. Request from NATIONAL SCHOOL DISTRICT to implement SB 201, FEES FOR INTERIM SCHOOL FACILITIESr was presented. City Manager Gill stated 4/11/78 127 the School District has requested (and a resolution has been forwarded) the City Council to concur in the overcrowding of National School District facilities and to adopt the appropriate Ordinance and agree- ments with the other districts, and to implement the fee schedules they propose which are $150-$450, this would apply only to the develop- ment of attached housing and trailer parks. City i anager Gill stated in the meetings between the City and the School District be had noted that a possible change might be considered by Council, excluding not only all single family detached dwellings but all mobile homes and to make the fee schedule $150 per bedroom regardless of the number of bedrooms of the remaining residential units that would be covered by this particular schedule. Mayor Morgan introduced the Superintendent of the National School District and his wife, D r. and Mrs. Reopelle , in the audience. City Manager Gill stated if Council concurs with the District's request, it would appropriate to refer the matter to the City attorney for preparation of the necessary documents: ordinance, agreements, etc. Moved by Van Deventer, seconded by Waters, we refer this to our City Attorney and concur with the findings of staff on this particular item. Councilman Waters inquired about the constitu- tionality of singling out certain developments, saying maybe it's best to include all. Planning Director Gerschler stated Council will retain the option of determining what the fees will be and will have to approve the ordinance and agreements the City Attorney draws up. City Manager Gill stated the fee schedule will be adopted by Council and staff proposes for this to be not part of the Ordinance but a separate document which can be changed from time to time as Council wishes. Motion carried by unanimous vote. Absent: Camacho. NATIONAL CITY AMERICAN LITTLE LEAGUE'S request to include a rock group in the opening ceremonies (the ceremonies will start at 2:00 p.m. and conclude at 3:30 p.m., Saturday, April 15, 1978, the group is called "KISS IN CONCERT", composed of young musicians attending local South Bay high schools; the event chairman, Don Matteson, estimates a maximum attendance of 600 persons, 250 of whom would be Little League players; a temporary use permit for this event has been processed and approved by the Police Department, Fire Department, Planning Department, Finance Department, and the San Diego County Department of Public Health) was presented. Moved by Waters, seconded by Van Deventer, this be approved. Carried by unanimous vote. Absent: Camacho. CABER BUSINESS CITY MANAGER CITY MANAGER GILL requested Council to support AB 3296 which has been introduced in the state legislature and will be heard May 17th which would return to the City the right to set whatever benefits the Council may desire in payment of sick leave to people who retire regardless of the reason for retiring; under the recent Marsille ruling, if a person retires on disability you must grant him all sick leave he has on the books, which could be six months to a year sick leave in addition to bis normal disability retirement. Moved by Morgan, seconded by Van Deventer, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Camacho. CITY MANAGER GILL stated staff is responding to a letter from CPO requesting City's comments regarding the LTF monies that are presently in reserve within the County) $17.8 million dollars sitting idle; the City will submit input regarding our desires in the matter; a letter will be submitted to Council for their approval. Moved by Waters, seconded by Van Deventer, in favor of the City Manager's recommendation. Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF - No report. 4/11/78 128 MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER stated in conversation with Judge Mary Gell, she recommended the City amend City Ordinance changing "Misdemeanors" to "Infractions"; this change would save the City $5.00 on each fine that is presently going to the state that would be returned to the City. Moved by Van Deventer, seconded by Waters, this be referred to the City Attorney. Carried by unanimous vote. Absent: Camacho. COUNCILMAN WATERS stated JAVIER PUGON recently won the Junior Division, Handicapped Bowling, San Diego County, and suggested the City send a letter of congratulations to him. Moved by Van Deventer, seconded by Dalla, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:45 P.M. CITY CLERK CIT OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved National City, California, at their EjNo corrections by the City Council of the City of regular meeting on April 25, 1978. 0 Corrections MAYO CITY OF NATIONAL CITY, CALIFORNIA 4/11/78