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HomeMy WebLinkAbout1978 12-19 CC MIN66 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 19, 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, Gill, Gunnarson, 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 Larry Beardsley, Paradise Valley Hospital. MAYOR MORGAN wished the citizens of National City a very Merry Christmas. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of December 5, 1978 including the correction to paragraph 4, page 52 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Carnacho, seconded by Van Deventer, these Resolutions be pre- sented by title only. Carried by unanimous vote. Resolution No. 12,943, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE COUNTY OF SAN DIEGO TO APPLY FOR FUNDING AND TO RECEIVE AND UTILIZE MONIES, AND TO IMPLEMENT A SINGLE, COORDINATED COUNTYWIDE LITTER CLEANUP AND ENFORCEMENT PROGRAM UNDER PROVISIONS OF CHAPTER 1 OF TITLE 7.8 OF THE GOVERNMENT CODE." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,943 be adopted. Discussion. Carried by unanimous vote. Resolution No. 12,944, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AMENDMENT GP-3-78 TO THE NATIONAL CITY GENERAL PLAN." Moved by Dalla, seconded by Van Deventer, Resolutior No. 12,944 be adopted. Councilman Van Deventer spoke of a 6,000 sq. ft. property in the area of 17th Street and 1-805 which had been rezoned and said he would like to see it reconsidered. Moved by Van Deventer, seconded by Dalla, the motion be amended to exclude that one piece of property at 17th and 805 on the southeast corner and it be brought back. Discussion. City Attorney McLean stated he understands Councilman Van Deventer wants to continue with the present Resolution and have the Planning staff initiate a re-evaluation of this one property; this will require a new hearing and will come back into the cycle of the next General Plan Amendment. Amendment carried by unanimous vote. Motion carried by unanimous vote. Resolution No. 12,945, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN CITY OF NATIONAL CITY AND EDWARD F. AND ELVIRA A. ARREGUI FOR CONSTRUCTION OF 5'4" RETAINING WALL IN 3100 BLOCK OF E. 2ND STREET." Moved by Waters, seconded by Carnacho, Resolution No. 12,945 be adopted. Mayor Morgan asked if these were a possibility of the City putting earth behind the wall. City Engineer Hoffland stated staff will make it known to the individuals who have grading permits in the City that the Arreguis are desirous of getting clean fill material. The Mayor directed 12/19/78 67 the City Manager to authorize the City Engineer to aid in obtaining the fill. Motion carried by unanimous vote. Resolution No. 12,946, (See paragraph 2, page 70). Resolution No. 12,947, "RESOLUTION DENYING AN APPLICATION FOR ZONE VARIANCE TO ALLOW DIVISION OF PROPERTY THAT WILL CREATE A PANHANDLE LOT WITH 20 FEET OF FRONTAGE ON A DEDICATED STREET, ON PROPERTY LOCATED WEST OF "N" AVENUE, SOUTH OF 26TH STREET." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,947 be adopted. Carried by unanimous vote. Resolution No. 12,948, "RESOLUTION SUPPORTING IN PRINCIPLE THE REQUEST OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT OF THE STATE OF CALIFORNIA." Moved by Waters, seconded by Camacho, Resolution No. 12,948 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Van Deventer, these Ordinances for second reading be by title only. Carried by unanimous vote. Ordinance No. 1655 (1g/1Q/38-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-26-78, to add PUD [Planned Residential Development] zoning to the property at 2550-52 Rachael Avenue Assessor's Parcel 564-08-34] and Lincoln Acres Annex No. 4, Tract 602 [Assessor's Parcel 564-08-13] located about 636 feet south of the property at 2550-52 Rachael Avenue)." Moved by Camacho, seconded by Waters, Ordinance No. 1655 (1R/I8//8-1) be adopted. Carried by unanimous vote. Ordinance No. 1656 (18/x8/?8-2), "AN ORDINANCE AMENDING ORDINANCE NO. 1100 PROVIDING FOR THE COLLECTION OF TRANSIENT OCCUPANCY TAX." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1656 (Ig/ 8/q8-2) be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Ordinance No. 1657 (13/18//8-3), "AN ORDINANCE AMENDING SECTION 20 OF ORDINANCE NO. 1606 OF THE CITY OF NATIONAL CITY RELATING TO BUSINESS LICENSE FEES AND ADOPTING SAME AS AN URGENCY ORDINANCE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1657 (18/13/?8-8) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. PUBLIC HEARINGS The HEARING on Fifth Year Community Development Block Grant Program (the hearings are held to obtain the views of citizens on progress and performance and to respond to citizen proposals regarding the preparation of an application to HUD for a grant; the Program provides funds to cities for community development purposes; the views and proposals of low and moderate income persons, members of minority -groups, residents of blighted areas and residents of the City's adopted Housing Assistance Area are especially solicited) was held at this time; ARNOLD PETERSON, Executive Director, Community Development Commission, was present and outlined the proposed program. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be closed and that the hearing on the Fifth Year Community Block Grant Program be approved as recommended by the Director of Redevelopment, and to present at this time the Resolution by title only. Carried by unanimous vote. 12/19/78 68 Resolution No. 12,946, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AND AUTHORIZING THE FILING OF AN APPLICATION TO THE U. S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE CITY'S FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,946 be adopted. Discussion. Motion carried by unanimous vote. The HEARING on the proposed ZONE CHANGE from RM-1-D-10 properties on the northerly side of Ridgeway Drive--2305 through 2447 inclusive, on the southeasterly side of Prospect Street, 2519 through 2545 inclusive, the vacant parcel at the southwest corner of the intersection of 24th Street and Euclid Avenue and adjoining parcel, ZC-11A-78, was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file and no written protests were received. Asst. Plan. Dir. Gunnarson stated this was a city -initiated rezoning, one of the apartment area rezoning cases; the effect of this zone change would be to limit all new construction to no more than two dwelling units on each lot (where density allows) within the neighbor- hood; the Planning Commission recommended in favor of this zone change. No one was present in this regard. Moved by Camacho, seconded by Dalla, this hearing be closed and the proposal to rezone from RM-1-D-10 to RT-D-10 the properties on the northerly side of Ridgeway Drive and inclusive on the southeast side of Prospect Street and that all the Planning Commission's recommendations be adhered to. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE from RM-1-D-10 to RT-D-10 or RS-2-D-10 properties on the easterly side of Alta Drive, 3211 through 3239 inclusive, and the vacant parcel adjoining the northerly side of the property at 3211 Alta Drive, ZC-15-78, was'held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file; no written protests were received. Asst. Plan. Dir. Gunnarson stated this, too, is a city -initiated rezoning; one of the 'apartment area rezoning cases initiated by the Planning Commission; RT zoning would limit all new construction to no more than two dwelling units on each lot within subject area; RS-2 zoning would limit all new construction to no more than one house on each lot within the area; the Planning Commission recommended in favor of this zone change. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed on proposed zone change to rezone from RM-1-D-10 to RT-D-10 or RS-2-D-10 property on the easterly side of Alta Drive, 3211 through 3239 inclusive and all Planning Commission's and staff's recommendations be approved. Carried by unanimous vote. The HEARING on APPEAL of the Planning Commission's denial of application for PLANNED DEVELOPMENT PERMIT to allow development of a 2-story duplex at rear of 1819 "K" Avenue, PD-121, was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. Asst. Plan. Dir. Gunnarsori stated this matter involves a proposal to develop a two-story duplex containing two 2-bedroom units at the rear of an existing single -story, single-family dwelling; the Planning Commission considered the application for Planned Development Permit and recommended that it be denied; the applicant has appealed the action of the Planning Commission in this case. TOM GARCIA, 1819 "K" Avenue, was present and displayed a revised drawing (one story) of the proposed duplex and stated he didn't know there was a petition against two story units in the area; he has a 9' parking lot and it should be 12'; to make it wider he would have to cut down the size of the unit; directly across the street from this property a two unit development has been built that has a 22' parking lot off the alley; if he could do that, it would work out, and he would like to do something like that and build a single story duplex. Mr. Gunnarson stated he would like to have the Planning staff review the revised plans. Discussion. City Attorney McLean advised that Council could continue the hearing until staff has the revised plans in front of them and a report can be ready for the 12/19/78 69 January 9th Council meeting. No one else was present in this regard. Moved by Van Deventer, seconded by Dalla, we hold this over to the January 9th meeting and at that time he can bring in new plans for staff to look at between now and then for a single story. City Attorney McLean recommended that Mr. Garcia get his plans in as quickly as possible. Carried by unanimous vote. COUNCIL REFERRAL The Director of Public Works' report on proposed GRADING and DRAIN INSTALLATION at 3200 National City Boulevard and 2700 block of "D" Avenue (Tom Moynahan has requested that a cooperative drain installation be approved across the southeast corner of his lot; Cal -Trans has constructed an 84" drain under 1-5 just downstream from this area; thus, if an 84" culvert were installed, it would not restrict flow; an 84" corrugated aluminum pipe now costs $60.00 per foot plus installation; roughly 124' would be required for a pipe cost of $7,440) was presented. City Engineer Hoffland stated Mr. Moynahan will have to get a Conditional Use Permit and recommended Council authorize staff to prepare agreements which will include instructions to the property owners. Discussion. Moved by Camacho, seconded by Waters, this be approved, Item 14, and that staff notify the principals of these properties to come in to make the proper arrangements with the City. Discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 23, dated December 19, 1978, in the amount of $47,031.04 (Warrants Nos. 63654 through 63699) was presented. Moved by Camacho, seconded by Dalla, this be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. OTHER BUSINESS PLANNING The Planning Department's recommended extension of INTERIM ORDINANCE NO. 1617, adding PD combining zone to all RM-1 zoned properties in National City (an extension of this Ordinance will be necessary to continue to provide for Planning Commission review of all apartment projects while the apartment area rezoning cases are being held; staff recommends the City Clerk be instructed to set this matter for hearing for the Council meeting of January 9, 1979) was presented. Moved by Dalla, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. CITY MANAGER City Manager Gill reported there is an emergency on the sewer main at 18th Street and street failure between Palm and 805 and requested Council approve the repairs by Resolution. City Engineer Hoffland stated last Saturday the water main broke at 18th Street east of Palm; the water company repaired this and informed him that the break was the result of a failure in the soil due to the sewer trench in that area; a sewer had been installed (under the City's reconstruction grant) by the Carver Corporation; several deficiencies were found in the installation such as open joints, improper backfill, etc.; this was brought to the attention of the Caryer Corporation and they have disclaimed any responsibility; the City Attorney has been directed to file a suit against the Corporation but that won't handle emergency repairs; the sidewalk along 18th Street is separated from the paving; the curb is separated from the sidewalk; the pavement has settled; there are voids underneath the pavement throughout the trench length, some 75' away from the water main break; 12/19/78 70 the other side of the pavement is separating from the gutter, etc.; there has been some movement in the wall adjacent to the apartment; the more water gets into the soil, the more settlement takes place in the sewer line; if the line is not repaired or, if there is another water main break, the soil could drop out and cause damage to the apartment, street, sidewalks and possible damage to anybody in the street which, in his opinion, would be a calamity; staff has barricaded the area and only those who live within the area are admitted; he recommended Council find this is an emergency and that Council authorize emergency repairs; the City Attorney has a Resolution to present. City Engineer Hoffland stated the nature of the work is such that the contractors would not know what repairs were necessary and therefore they would have to go in on an exploratory time and materials solution. Moved by Camacho, seconded by Waters, the Resolution be presented by title only. Carried by unanimous vote. Resolution No. 12,949, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING A PUBLIC CALAMITY AND DETERMINING THE NEED FOR EMERGENCY SEWER REPAIRS WITHOUT PUBLIC COMPETITIVE BIDDING." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,949 be adopted. Carried by unanimous vote. City Manager Gill stated a request for funds was made by the Sweetwater High Quarterback Club for their Annual Banquet; Council requested determination be made as to whether the money was appropriated i:ast year, and it was; it was not appropriated this year due to budget restrictions as a result of Proposition 13; money is available in the City budget in Non -Departmental Expense, if approved by Council. Moved by Van Deventer, denial of this request based on the fact they had the opportunity last year to put in a request for funding on this project and they were told that last year. Moved by Waters, seconded by Morgan, in favor of the $500 for the Sweetwater High Quarterback Club. MR. MARTINEZ, 24 N. Harbison, was present on behalf of the Club and asked Council to consider the fact that they are representing National City; they have pounded the streets for donations; hopefully next year they won't .have a problem. Discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. City Manager Gill stated Council requested a report on Organizational structure which has been distributed to Council (Document No. 62667) and staff awaits the pleasure of Council on implementation of the recommendations of that report. Moved by Camacho, seconded by Dalia, the City Manager be directed to implement what he has presented to Council in the reorganization of Public Works' Department. Mayor Morgan stated he supports the City Engineer for the outstanding job he has done without complaining since taking over the Public Works' Department. Mayor Morgan detailed the work of the Public Works' Director and the efforts he has made on behalf of the City. VICE MAYOR CAMACHO stated Council is not firing the City Engineer who has done an excellent job in the Engineering Department; no one on Council questions his job, but this does not alter the fact that things have been going on at Public Works;, that employees have been involved and discipline has not been taken which is also a part of the City's function; there has been a lack of supervision in Public Works; this is something that Council has to face; the Mayor doesn't attend Executive Sessions because he doesn't want to be a "bad guy"; the morale is down and it's Council's responsibility to look into the situation and correct it; we tried to do it privately and quietly but apparently the press and everyone knew about it; our Executive Sessions should be confidential; he was not questioning Mr. Hoffland's ability as a City Engineer but he has been strung out too much. COUNCILMAN WATERS stated he received a confidential report from the City Manager but it didn't spell out exactly what was going to be done and he couldn't support this until he knew exactly what is going to be done. City Manager Gill stated the recommendations and discussion in the report is as has been discussed with members of Council and that has been summarize for action by Council; the report is before Council for their pleasure 12/19/78 71 and direction. Councilman Waters stated the situation should be corrected to where the Manager has control over department heads; the department heads should be present and discuss problems and iron out problems; he doesn't like to read about it in the newspapers; this report doesn't outline who is going to be moved apg what is going to be done; he would like for Council to sit down// ie the heads of the departments and discuss what's going on. Motion carried, by the follow- int vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters, Morgan. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL - No report. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:45 p.m. CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting on January 9, 1979. Corrections No C4vFrections CITY OF NATIONAL CITY, CALIFORNIA 12/19/78