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HomeMy WebLinkAbout1978 06-13 CC MIN164 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 13, 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, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Gill, Hoffland, 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 Chaplain Sackett, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded meeting of May 16 held May meeting of June 9, 1978 be MAYOR'S APPOINTMENTS by Waters, the minutes of the adjourned 19, regular meeting of May 23 and special approved. Carried by unanimous vote. Mayor Morgan's proposed appointment of Luther G. (Joe) Reid to the Maytime Band Review Committee was presented. Moved by Camacho, seconded by Waters, in favor of the Mayor's appointment. Carried by unanimous vote. SCHEDULED PRESENTATIONS Charlotte Webster, President of the Governing Board, National School District, was present and read a resolution of the school board recognizing the cooperative efforts which exist between the district and the City and expressing their appreciation for Council's contribu- tion to the educational program. Mayor Morgan thanked Mrs. Webster and the Board. PUBLIC ORAL COMMUNICATIONS JOHN WILSON,6 N1nton Ave, was present and said on February 28th when Mayor Morgan spoke to the Veterans of Foreign Wars, Post 4630, he was asked what the City planned to do about the parking lot on the property where the Kimball home was once situated; the Mayor stated that he felt that the City was obligated to and would level and pave the lot with black top. Mr. Wilson asked does the Council agree with the Mayor? VICE MAYOR CAMACHO asked if the commitment was made by the Mayor without consulting the Council? Mayor Morgan stated it was not exactly as Mr. Wilson related; he is discussing this with a private individual to furnish the blacktop and will ask Council for permission to use City equipment to level it up and get it ready for blacktop and then use the City's spreader, as was done with the Girls Club, to finish the job; the City does have an obligation in this matter. Vice Mayor Camacho stated he agreed. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented to this Council by title only. Carried by unanimous vote. Resolution No. 12,750, "RESOLUTION OPPOSING MODIFICATION OF STATE ROUTE 252." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,750 be adopted. Carried by unanimous vote. Councilman Dalla asked that a letter also be sent by the Mayor relative to this matter. 6/13/78 165 Resolution No. 12,751, "A RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (wall and fence into Euclid Avenue - Maigue).49 Moved by Camacho, seconded by Dalla, Resolution No. 12,751 be adopted. Carried by unanimous vote. Resolution No. 12,752, "A RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (wall into Alston Avenue - Deuel)." Moved by Waters, seconded by Camacho, Resolution No, 12,752 be adopted. Carried by unanimous vote. Resolution No. 12,753, "RESOLUTION AMENDING THE WORK TO BE DONE AND THE BOUNDARIES OF THE DISTRICT TO BE ASSESSED IN ASSESSMENT DISTRICT NO. 188, "N" AVENUE AND 9TH." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,753 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Resolution No. 12,754, "RESOLUTION ORDERING WORK, ADOPTING SCALE OF PREVAILING WAGES, AND ORDERING BIDS IN ASSESSMENT DISTRICT NO. 188, "N" AVENUE AND 9TH STREET." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,754 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Resolution No. 12,755, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (PD-101, to allow development of three detached, single -story, single-family dwellings at 1916 "L" Avenue - D. Reynolds)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,755 be adopted. Carried by unanimous vote. Resolution No. 12,756, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DECLARING ITS INTENTION TO INITIATE AMENDATORY PROCEEDINGS FOR AN AMENDMENT TO THE NATIONAL CITY GENERAL PLAN (3109 E. 8th Street)." Moved by Van Deventer, seconded by Waters, Resolution No. 12,756 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Resolution No. 12,757, "RESOLUTION AUTHORIZING EXECUTION OF FY 79 SERVICE AGREEMENT BETWEEN SAN DIEGO TRANSIT CORPORATION AND CITY OF NATIONAL CITY." Moved by Waters, seconded by Camacho, Resolution No. 12,757 be adopted. Carried by unanimous vote. Resolution No. 12,758, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF FUND NO. 43 - MOTOR EQUIPMENT VEHICLE FUND FOR PURCHASE OF CITY MOTOR EQUIPMENT." Moved by Camacho, seconded by Waters, Resolution No. 12,758 be adopted. There was discussion. Carried by unanimous vote. Resolution No. 12,759, "RESOLUTION CHANGING NAME OF NATIONAL AVENUE BETWEEN DIVISION STREET AND FIRST STREET TO OSBORN STREET." Moved by Waters, seconded by Camacho, Resolution No. 12,759 be adopted. ROBERT BONAMO, 333 W. 13th Street, was present and stated opposition to the proposed name change of 13th Street to Civic Center Drive; he has a petition signed by 52 people living on 13th Street opposing the changing of 13th Street. Mr. Bonamo urged Council to shelve this item until it can be investigated further. Motion carried by unanimous vote. Resolution No. 12,760, " Changing name of West 13th St. between Tidelands Avenue and National Avenue to Civic Center Drive." Moved by Camacho, Resolution No. 12,760 be adopted. Motion died for lack of second. There was discussion. Moved by Waters, this item be filed. Motion died for lack of second. There was further discussion. ROBERT BONAMO, returned to the podium, and stated the notice of the proposed name change were addressed to owner/occupant; often when you receive mail addressed like this, you throw it in the trash, which is what happened in this case; the newspapers said George Webster, Manager of the Chamber had sent out 400 letters and that there was no need to send any more out on National Avenue; just letting Chamber members know, who number approximately 600, isn't letting the community at large 6/13/78 166 know about the proposed change; he urged Council to leave 13th Street as 13th Street and not change the name. City Manager Gill stated he only received one protest and that was from Mr. Bonamo. Moved by Waters, seconded by Van Deventer, this item be tabled for one week. Carried by unanimous vote. Resolution No. 12,761, "RESOLUTION CHANGING NAME OF NATIONAL AVENUE, (FROM 1ST STREET TO CITY LIMITS NEAR 35TH STREET); AND CHANGING NAME OF MAIN STREET, (FROM ROOSEVELT AVENUE TO NATIONAL AVENUE) TO: NATIONAL CITY BOULEVARD. Moved by Waters, seconded by Van Deventer, Resolution No. 12,761 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dallas PUBLIC HEARINGS The HEARING on APPEAL of Planning Commission approval of application for CONDITIONAL USE PERMIT to allow a new SELF -SERVE GASOLINE SERVICE FACILITY at 640 Highland Avenue, Southland Corp. - Super 7 Division subject to 13 conditions was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. HAL MILLER, Construction Manager for Super 7, Western Gasoline Division of Southland Corp., was present and stated he wished to take exception to two of the conditions recommended by the Planning Commission, which was the basis for the appeal; the first was the restriction of hours of operation (Condition No. 12 stated hours of operation to be 6:00 a.m. to 11:00 p.m. on weekdays and 6:00 a.m. to 1:00 a.m. on weekends [Friday, Saturday and Sunday]; in order for Southland to consider rebuilding any facility, they judge the need for the service and the economic feasibility of the project, they have determined that a need exists and that economics can be justified by maximum hours of operation, namely 24; however, the more obvious reason for the request for a 24-hour operation is for the reason of security; they have found that around the clock operation offers little opportun- ity for any robbery with the attendant either opening or closing in the hours of darkness; previous experience shows that it's beneficial in terms of security to the attendant and to his funds carried to only consider 24-hour operation. Mr. Miller said the second issue is related to elimination of a driveway (Condition No. 13 stated the easterly driveway on 7th Street shall be eliminated); to delete any of the existing driveways would cause or create on -site congestion that does not now exist. Planning Director Gerschler stated the Planning Commissioners were concerned about protecting the nearby residential property, one of which is only four feet away from the property line; the Commission attempted to meet those needs by requiring a masonry wall along that side, by controlling the direction of lighting towards the horse and by controlling the hours so that the station would be open from 6:00 a.m. to 11:00 p.m. week days; the only reason for the hours was to protect the nearby residents. Mayor Morgan stated that by staying open 24-hours, it would offer more security for the nearby residents then closing by a certain hour. DAN GALLARDO, 604 Highland Ave. was present and stated that he favored the 24-hour operation; lighting is a very essential aspect of security; since coming to National City he has made a policy of leaving his lights on 24-hours a day for that reason; also, there aren't gas stations in that part of the City, so there is a need in the area for an all night gas station; the best security is light and activity. No one else was present in this regard. Councilman Waters stated he would be in favor of 24-hour operation with stipulation Council could rescind the hours if problems arose. City Attorney McLean stated he believes Council has the right to add this stipulation. Moved by Camacho, seconded by Waters, the hearing be closed and the item we have just discussed be allowed to operate on a 24-hour basis with the recommendation made by Councilman Waters in reference to policy that if it doesn't work out the Council has the right to. revert back to the Planning Commission's recommendation to the hours that this station be open with ail the conditions and all three existing driveways be allowed to remain (amended motion). It was suggested the lights be installed so they don't shine in peoples/ eyes. There was discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalia. 6/13/78 167 The HEARING on APPEAL of Planning Commission approval of development of a 2-STORY 6-UNIT APARTMENT BUILDING AT 1128-48 E. 7th Street, Frank Whiteside, PD-102 (this application involves an apartment on a 12,500 square foot parcel of land which represents a dwelling density of twenty dwelling units per net acre; each dwellhg unit will have two bedrooms and contain 806 sq. ft.; topography of the site is such that of the 1800 square feet of required useable open space, 528 square feet [an area 12 feet in width by 44 feet in length] is provided by means of a wood deck, cantilevered over.a slope; land use within the immediate area consists of a mixture of single family and multiple family dwellings; zoning isMiiltijle Family Residential, Planned Development, with a density limitation of twenty dwelling units per net acre; the Planning Commission approved the planned development permit subject to two conditions 1, development shall be in accordance with submitted plans; 2 a public fire hydrant shall be provided at the northeast corner of 7th Street and "K" Avenue; on May 9, 1978 an adjoining property owner appealed the Planning Commis- sion decision; the Planning staff recommends plan submitted not be approved until it can be made more harmonious with design criteria set forth in the "Apartment House Design" guidelines) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated the appellant, Mrs. Weaver, appeared before the Planning Commission and discussed certain drainage problems that affected that property; the City Engineer made a special report to the Commission; the Commission was satisfied that the drainage problems could be satisfactorily handled. Mr. Gerschler reminded Council that Ord. 1624 would become effective on June l5th and it would limit this project to single story construction. Mrs. Gerry Weaver, 1216 E. 7th Street, was present and stated water comes all the way down 7th Street and across the front of her property and down over the adjacent driveway; the City Engineer told her that 25% of Mr. Whiteside's water would come over the side and the other 75% would go down to the street and come across the front of her property; she has been given pipe to lay there but sign have to hire someone to do that; her main concern is the 25% that is coming over the side; she does have problems with that water; she had asked Mr. Whiteside to put a retaining wall there to protect the side of her property; there is a sewer problem in the area;this will create a problem for us on 7th Street and "L". City Engineer Hoffland stated this particular lot drains naturally onto the adjacent property; the development will rearrange that drainage to fit all of the approved areas; the rooftops, the driveways, all the paved areas, so the remaining small area that drains across the land should be planted and this shouldn't present a problem, in fact should help the situation; one problem Mrs. Weaver had mentioned is the drainage in the street east of her property which is a private driveway, this isn't a dedicated easement and has not been brought up to full engineering standards; however, the improvment that is in there has handled the water for some years and the minor modifications by the property owner should enable it to function well. Planning Director Gerschler stated there are single story residences on either side of this proposed project but there are two story buildings on the block. Mrs. Weaver stated there are 37 families bn .7th ?bet s+veen and the extension of "L", and with six units going in there will be that many more; 1202 and 1206 lost all their privacy and air space because of this project. FRANK WHITESIDE, 16109 Via de la Villa, Rancho Santa Fe, was present and stated this project has been in the works for almost a year; it first came to his attention in January that the Planning Commission would have to review this plan; prior to that the plan in its entirety had been approved; the reason they didn't go ahead with it is that they weren't satisfied with the drainage and with some of the retaining walls; he had suggested to the Planning Commission to take a look at the site, he receives a call on a weekly basis regarding abandoned cars, trash, etc., on the site; the six units that this will encompass will be at the same height, or less, as a single family dwelling near the front because of the slope of the lot and because of the extensive grading necessary; this building will enhance the area. No one else was present in this regard. Moved by Dalla, seconded by Waters, the public hearing be closed and that the Planning Commission recommendation be denied 6/13/78 168 and the submitted plan not be approved unless it can be made more harmonious with the design criteria set forth in the "Apartment House Design" guidelines. Carried by unanimous vote. The HEARING on APPEAL of Planning Commission approval of application for PLANNED DEVELOPMENT PERMIT to allow development of a 50-unit CONDOMINIUM PROJECT at 940 Palm Avenue, Frederick Meyer, PD-108 (this application involves the development of a two and three-story condominium complex consisting of one- and two -bedroom units ranging in size from 577 square feet for a one -bedroom unit to 1210 square feet for a two -bedroom unit; of the proposed 50 dwelling units, 35 units will be two -bedroom and 15 units will be one -bedroom; the land area involved is 84,475 square feet [2.01 acres]; fifty dwelling units represent a density of 25 units per acre; zoning is Multiple Family Residential, Planned Development, with a density limitation of thirty units per acre; the Planning Commission approved the planned development permit subject to 17 conditions [Document No. 61650]; the Council appealed the Planning Commission decision on May 16, 1978; staff is satisfied that the plans presented will allow a viable project consistent with established city policy) was held at this time. City Planning Director Gerschler stated this case is directly related to Item 31 on the Agenda (Tentative Subdivision Map); one of the condi- tions of the approved plan requires that this be a condominium; the applicant has submitted to Council an analysis of the design of the project. FREDERICK MEYER, Architect, representing Hardesty Homes, was present and stated he wanted to cover four items with the Council; (1) Council's interest in this site and deep concern about its develop- ment; (2) the reference letter he presented to Council to acquaint them with some of the viewpoints, energies and efforts that have been devoted to the project; (3) a graphic presentation for Council which details the physical attributes of the project; and (4) his hope that council keeps an open mind relative to the project. Mr. Meyer stated three main points are density, safety and drainage. Mr. Meyer displayed a series of plans and drawings and made a graphic presentation to Council of the proposed project. There was discussion. In answer to 'die question how the south side of the hill will be landscaped, Mr. Meyer stated it was their intention to go back in on that slope and rack the slopes and loosen up the slight edge of the soil and then go back in with a galvanized steel mesh over which will be placed a woven mesh, which will be anchored with steel stakes, over this will be sprayed a vegetation and fertilizer and soil that should adhere and stay to those slopes; the problem with the slopes is that if you don't put on a grid to hold everything in place it will peel or wash off. There was discussion concerning the impact of the project on the school system. Mr. Meyer stated the school authorities had been contacted and a study made for the number of units they have, it would generate approximately 12 actual students and they don't anticipate any problems. ROBERT ANDRADE, 1410 Stancrest Lane, was present and stated they do not have ample area for a playground for the children; there should be one big area for a playground rather than several small ones; the developer should contact people within the community and see hcw they feel about this project. FREDERICK MEYER stated in this project they tried to develop the amenities for mid -stream type people, not all children, not all elderly; this is not a recreational park; most apartment complexes don't provide anything but parking stalls and building cubicles, this project goes a long way past that point. Mr. Meyer said the anticipated price of the units was $45,000-50,000 and up; the project design itself should draw an even balance of elderly, young adults, children, into the project. In answer to the question of eliminating units to provide more recreational area, Mr. Meyer stated that if Council were to eliminate some of the units it would only eliminate a very small number of parking spaces and add a small open space. Planning Director Gerschler stated this is an unusual piece of property and has unusual conditions with an unusual design but staff analysis was that the - project was as well designed as cpiild be erected; it meets all City policy including the recently adopted Apartment House Guidelines; the only possible question staff could raise would be on density; but they believe this is a viable project; almost every unit has a private patio or rooftop area for recreation; the difference here is the difference between a condominium project and an apartment complex; National City 6/13/78 169 only has one true condo project, Bonita Willows, and they have virtually no play area there; the project has not attracted the large family with a lot of children and there isn't an apparent need for a large play area; this is one of the distinctions between an apartment and condo project. No one else was present in this regard. Moved by Dalla, seconded by Camacho, the hearing be closed and that the Planning Commission's recommendation be approved with the added condition that they add garage doors to the carports. The question of the landscaped areas was raised. Could a restriction be placed on the project that if these areas are not taken care of, Council can force the developer to fix them up. Planning Director Gerschler stated the first time he ever spoke to Mr. Meyer they spoke about the slopes on Palm Avenue; he told him that he would have to show the staff some way of landscaping the slopes and getting the landscaping to stay; this concetn has been maintained all through this; he is convinced the ploy that Mr. Meyer has presented will work; there is a condition built into the plan that will allow the Council to go back at any time in the future and have the landscaping redone by the developer. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. A five minute recess was called at 9:32 p.m. Council reconvened at 9:39 P.M. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan Absent: None. DON MATTESON, representing both LITTLE LEAGUE'S in National City, was present and stated they have scheduled a Donkey Softball game on the Pony Field for Saturday, June 17th; they request Council permission to hold.this game and to charge admission. Mr. Matteson said he checketOlm Ruiz who stated nothing was scheduled for the field at that time. Vice Mayor Camacho questioned the damage done to the Pony field and asked to have it looked into. Moved by Waters, seconded by Camacho, we refer this item to the City Manager to handle to the best of his ability and meet the requirements of the law. Carried by unanimous vote. Item 5, the HEARING on appeal of Planning Commission APPROVAL of application for ZONE VARIANCE to allow development of a two -car carport having an inside width of 17' in lieu of the required 18' at 1019 E. 18th Street, Del Sol Construction Co., Z-5-78, (this application involves the width of a carport to be developed in conjunction with a proposed two-story, single-family dwelling on a 25' wide "panhandle" portion of a lot; the Planning Commission recommended in favor of the variance subject to the following conditions: [1] four inch pipe columns shall be located no closer than 31z' to the opening of the stalls; [2] development shall be in accordance with submitted plans; Staff does not concur with the Planning Commission approval of this application; they do not find justification for the Variance on the grounds of insufficient showing of hardship); and, Item 6, the HEARING on appeal of Planning Commission DENIAL of appli- cation for PLANNED DEVELOPMENT PERMIT to construct additional detached single family dwelling at 1019 E. 18th Street, Cornelio Evangelista, PD-105 (this application involves the development of a two-story, frame and stucco, two -bedroom, single-family dwelling, containing 780 sq. ft.; a single -story, single-family dwelling presently exists on -site and will remain; the Planning Commission voted to deny the planned development permit on April 24 for the reason that the proposed use will have an adverse effect on adjacent properties; the proponent appealed this decision; staff concurs with the Planning Commission denial of this application) were held at this time. City Clerk Campbell stated the Certificates of Publication and Affidavits of Mailing were on file. PLANNING DIRECTOR GERSCHLER stated there is a single family dwelling on the main part of the lot now and it has an attached garage; it's proposed that this attached garage will be removed and a new single family be built back on the lot; parking that is now provided in the garage will be provided underneath the 6/13/78 170 the front part of the building; parking for the existing house and new house will be underneath the new house; the width of the lot is 25', this space will only be 17' wide; the applicant has the burden of proof to show that there was something unusual about the property to justify the variance; in staff's opinion this wasn't done; the second question was the planned development permit for the structure; the Planning Commission discussed at length the appearance of the project; they asked that the project be redesigned to show windows and add a brick veneer to add interest to the project; these changes were made by the applicant but the Planning Commission was still dissatisfied with the appearance of the four walls of the building; the front door of the building faces the side yard in an area which is only 4', so the effective front yard is only 4' wide and about 40' long, there is no other yard to serve the dwelling, there is no grass area, there is no play area of any sort, these are the objections of the Planning Depart- ment. MRS. CORNELIO EVANGELISTA, owner of the project, was present and stated she was shocked to receive the decision of the Planning Commission in denying her application on the grounds that it would have an adverse effect on adjacent properties in that she owns the adjacent five units; she doesn't believe the Commission received any protests from neighbors regarding this. Planning Director Gerschler stated the Planning Commission had asked for a redesign and the hearing was continued because the Commission wasn't satisfied that the designer of the project had done the things they wanted to see done. Mrs. Evangelista stated she wants the new building to be like the ones presently on the lot that she owns; she wants them to look alike. Councilman Dalla asked Mrs. Evangelista if there is something about the property that would justify deviating from the zoning ordinance in permitting a carport with only 17' in width. Mrs„ Evangelista stated they are going to tear down the existing garages and build the carport. Mr. Gerschler stated the main concern of of the Planning Commission in this case was the design of the building and not the width of the carport. ROBERT ANDRADE, 1410 Stancrest Lane, was present and spoke on behalf of Mr. and Mrs. Evangelista,. saying the Planning Commission requested three conditions in the design of the building and the contractor meet those conditions. Mr. Gerschler stated the Planning Commission didn't like the design at any time that it was presented to them. KOSTA SACRENTY, Del Sol Construction Company, designer of the project,was present and stated the variance was requested because there is a 25' width as far as the lot is concerned; in order to get a 4' side yard on each side brings it down to 17' as far as width is concerned; this is the reason for the application for the variance; it was then required to set back the corner posts so the cars can get inside. No one else was present in this regard. Moved by Camacho, seconded by Waters, the public:hearin9 be closed and move in favor of the Planning Commission recommenc'ation on the Zone Variance. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan,: Nays: Dalla. Moved by Waters, seconded by Camacho, the public hearing on Item 6 be continued to next week at the regular scheduled meeting. Mr. SACRENTY stated Mr. Evangelista owns a group of homes in the center of the lot; what he wanted to do was build a complex in which all of the homes could be put together and become one total unit; they designed a home that was architecturally in keeping with the other five houses; they also took the five homes that are now existing, reroofed them, put brick facia on them and had them repainted,. the theory being that when they ended up they would end up with six homes all looking the same; he doesn't disagree with the Planning Commission when they say that what is being built looks like the rest of the homes that are already there; they have designed a house that looks like it belongs. Motion carried by unanimous vote. ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Van Deventer, this Ordinance be presented to Council by title only. Carried by unanimous vote. Ordinance No. 1627 (5/2a/7g-1), "AN ORDINANCE AMENDING ORDINANCE NO. 1491 REQUIRING INSTALLATION OF STREET IMPROVEMENTS, PROVIDING FOR DEFERRALS, AND EXEMPTIONS THEREFROM, AND ADMINISTRATIVE PROCEDURES 6/13/78 171 RELATED THERETO." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1627 (5/23/78-1) be adopted. Carried, by the following vote, to - wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 45, dated June 13, 1978, in the amount of $129,381.41 (Warrants Nos. 61962through 62030); and PAYROLL for the period ending May 15, 1978 in the amount of $183,329.62; WARRANT REGISTER NO. 46, dated June 13, 1978, in the amount of $125,813.28 (Warrant Nos. 62031 through 62107) and PAYROLL for the period ending May 31, 1978 in the amount of $189,075.13; WARRANT REGISTER NO. 47, dated June 13, 1978, in the amount of $37,278,66 (Warrant Nos. 62108 through 62161) was presented. Moved by Camacho, seconded by Van Deventer, this be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. A CLAIM FOR DAMAGES from Estela Jordan alleging wrongful death of Augustine Jordan was presented. Moved by Camacho, seconded by Van Deventer, this be denied and referred to the City Attorney. Carried by unanimous vote. An AMENDED AND SUPPLEMENTARY CLASS CLAIM FOR DAMA(RS from Florian Brzezinski, Stella Brzezinski, Lakeside Poultry Ranch, Inc., a California corporation, for themselves, individually and on behalf of others similarly situated, was presented. Moved by Camacho, seconded by Van Deventer, this be denied on the basis of a late claim and referred to the City Attorney. Carried by unanimous vote. SWEETWATER UNION HIGH SCHOOL DISTRICT'S letter in regard to FEE SCHEDULES (the Board of Trustees of the District adopted a Resolution on May 24, 1978 re overcrowded conditions in school attendance areas; they transmitted a schedule indicating the type and scale of assistance they considered appropriate to meet the needs of the district; staff recommends the City Attorney be directed to develop an agreement that will implement the new high school and existing elementary fee schedules) was presented. Moved by Waters, seconded by Morgan, this item be referred to our Finance Committee. There was discussion. Moved by Dalla, seconded by Camacho, the motion be amended to refer it to the Manager and the Attorney to draw up an agreement similar to the one we have with the National School Distr ,Uitl ,e was further discussion. The question of "overcrowded/ was raised; is the District requesting funds to be spent in the District or in National City; also, their developer's fee is different from the City's. Councilman Dalla stated the intent of the motion is to be uniform in whatever require- ments we have relative to fees for building. Moved by Van Deventer, seconded by Morgan, the motion be amended that we go between the City Manager, and the City Attorney and the School system and discuss and it be proved to us that there's an overcrowded condition before we go any farther. Vice Mayor Camacho suggested the motions on the floor be withdrawn and start anew. Moved by Van Deventer, seconded by Camacho, we refer this to the City Manager and Attorney for an in-depth study for two weeks and discuss with Sweetwater School system why they feel there's an overcrowded condition at Sweetwater High School, or whatever time it takes. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE DRIVEWAY adjacent to property line at 2120 Rachael Avenue, Gretter (the property owner has requested approval of a driveway to the rear of his lot for access to a duplex; the driveway is adjacent to his property line which requires Council approval) was presented. Moved by Dalla, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. The Director of Building & Housing's recommended policy for City Council consideration covering the use of the National City Mobile Stage (the 6/13/78 172 Mobile Stage is now in service; its use and maintenance is a responsi- bility of the Park Maintenance Division of the Department of Building & Housing; the purchase of the stage and its special equipment represents a sizeable investment of public funds; therefore, a policy of unifaaaxu.les has been proposed to protect the investment by proper use and care, to protect the safety of the public during its use, and to compensate the City for the actual labor involved in its trans- portation and set up) was presented. Moved by Dalla, seconded by Camacho, in favor of the recommended policy relating to the mobile stage. Carried by unanimous vote. THE U.S. NAVAL OCEAN SYSTEMS CENTER'S request to. hold an employees picnic in Kimball Park September 9, 1978 (an estimated 2,000 military and federal employees including family members are expected to attend this annual employees picnic; they are also requesting use of the City mobile stage; a temporary use permit for this event has been processed and approved by the Police, Fire, Planning, Finance Departments and the San Diego County Department of Public Health; staff recommends approval of these requests subject to the payment of Mobile Stage Rental fees of $50,00) was presented. Moved by Van Deventer, seconded by Camacho, we hold this over for whatever time it takes to have the City Manager discuss with this group as far as the area that they would prefer to have roped off and see if that's going to be a problem with the normal events on a typical Sunday. Carried by unanimous vote. The SOUTH BAY COMMUNITY FAIR ASSOCIATION'S request to sponsor a CARNIVAL and the WAIVER OF FEES (they request Council approval of a temporary use permit to sponsor a carnival on the South Bay Plaza east parking lot July 6-9, 1978; funds raised by this event will be used to defray expenses of the 1978 South Bay Country Fair in Kimball Park; the Association also requests waiver of city license fee and related fees; a temporary use permit for this event has been processed and approved by the Police, Fire, Planning and Finance Departments and the San Diego County Department of Public Health;. staff recommends approval of the request for a carnival operation, and approval of the temporary use permit subject to all City and State regulations; staff further recommends in favor of waiver of Business License fees in the amount of $125.00) was presented. Moved by Morgan, seconded by Camacho, for approval. Councilman Dalla stated this is the first item before Council (since passage of Prop. 13)...between now and the next time we have a similar request, we should give serious consideration to a policy related to fees and conditions under which Council might waive them. Councilman Waters stated now is the time to get serious about cutting back and start making others pay for the fees to help generate more money to help run the City. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. DR. B.G. KING'S request to occupy a MOBILE unit for a TEMPORARY OPTOMETRIC OFFICE (on the evening of May 17 eight stores and offices were destroyed by fire in the South Bay Shopping Center, including the office of Dr. King; Dr. King has now leased a state -approved commercial mobile unit and has requested authorization for its use as a temporary office building; the permit for this mobile unit has been processed and approved by the Police, Fire, Planning and Finance Departments, and the San Diego County Department of Public Health; staff recommends approval of the request subject to the following conditions: [1] the temporary use permit shall expire by limitation one year after approval per the National City Land Use Code; [2] the mobile unit shall comply with all City and State minimum requirements for a temporary office use including facilities for the physically handicapped) was presented. Moved by Waters, seconded by Van Deventer, in favor of Dr. King's request. Carried by unanimous vote. The application for Type 48, ON -SALE GENERAL, public premises liquor license from the Hicks Development Corporation, dba CLUB MELODY, 812 National Avenue, person transfer (this would authorize the sale of beer, wine and distilled spirits for consumption on the premises wherein no person under 21 years of age is allowed, plus the sale of beer and wine for consumption off the premises) was presented. Moved by Waters, seconded by Camacho, in favor of their application to the Hicks Develop- ment Corporation. Carried, by the following vote, to -wit: Ayes: 6/13/78 173 Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. The application for Type 20, OFF -SALE BEER AND WINE liquor license from Hazel Sunday, dba LEN'S LIQUOR HOUSE, 740 National Avenue, person transfer (Type 20 license authorizes the sale of beer and wine for consumption off the premises where sold) was presented. Moved by Camacho, seconded by Waters, for approval. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. OTHER BUSINESS CITY MANAGER CITY MANAGER GILL stated relative to the LEAGUE OF CALIFORNIA CITIES' urging the cities to support a five -point proposal to primarily permit the property tax rolls to be divided on a proportional basis and that cities receive their fair share; he would recommend the Mayor contact our Assemblyman and Senator regarding this issue. Maned by Camacho, seconded by Van Deventer, in favor of the City Manager's recommendation. Carried by unanimous vote. CITY MANAGER GILL reported the NATIONAL CITY LIONS CLUB requested permission to store their float in the Public Works' yard; this is subject to Council approval; there is room in the yard for the float. Moved by Morgan, seconded by Camacho, for approval. There was discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Councilman Van Deventer requested the City Attorney look into the issue of liability relative to this item. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING The Planning Commission's recommendation to approve the TENTATIVE SUBDIVISION MAP, PALM VIEW TERRACE, a one lot condominium subdivision at 940 Palm Avenue, Hardesty Homes, Inc. (this is a one lot condominium subdivision for a site containing about two acres; the 50-unit project is also the subject of Planned Development Permit No. 108 which was approved by the Planning Commission on April 24; this project was approved earlier this evening under hearing Item 4; conditions under which the Planning Commission and Department approved this project is listed on Document No.61650) was presented. Moved by Camacho, seconded by Van Deventer, for approval. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Planning Commission Resolution No. 43-78, amending the title of Planning Commission Resolution No. 25-78 and No. 26-78, CUP 1978-4 and CUP 1978-5 (these Resolutions were presented to the Planning Commission and adopted at their meeting of April 24, 1978 with inadequate titles; this Resolution amends the titles to read as set forth in said Resolution; this Resolution is for information only and does not change the previously approved use permit) was presented. Moved by Camacho, seconded by Dalia, for approval of Resolution No. 43-78. Carried by unanimous vote. MAYOR MAYOR MORGAN requested the City Manager to look into getting a new P.A. system for Council Chambers similar to the one in the Board room of the Board of Supervisors. Councilman Dalia suggested to modification of the present system. CITY COUNCIL COUNCILMAN DALLA'S recommendation in regard to consolidation of fire service (Council direct staff to contact all appropriate agencies 6/13/78 174 in the South Bay and inquire about their interest in pursuing the concept of consolidated fire service) was presented. Moved by Dalla, seconded by Camacho, we contact the other officials in the South Bay and see if they agree with this concept. Carried by unanimous vote. COUNCILMAN VAN DEVENTER requested that Item 34, City position on Area Wide Water Quality Maintenance Plan (208) be held over to the adjourned budget meeting. COUNCILMAN WATERS asked the City Manager to look into each and every department in relation to how many General Plan changes have been made in the last year; how many charges have been made on differnt on-sileplans; how many variances have been asked for; and, how many different ordinances for appeal; look into just about how much extra time staff spends on these issues; anything that is done in relation to plans that exceeds the Ordinance itself and causes the staff extra time and money; also to think along the line of charging for these various changes, etc. Mayor Morgan stated most of these are State mandated. Moved by Camacho, seconded by Van Deventer, the meeting be adjourned to 8:00 a.m. WednesdaZ morning. (June 14, 1978) Carried by unanimous vote. The meeting adjourned at 10:25 p.m. CITY 1/ CITY CLER NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, at their regular meeting of June 20, 1978. QCorrections CITY OF NATIONAL CITY, CALIFORNIA 6/13/78