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HomeMy WebLinkAbout1977 03-15 CC MIN70 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 15, 1977 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: Dalla, Pinson, Reid, Morgan. Absent: Camacho. Administrative officials present: Campbell, Gerschler, Hoffland, McCabe, McLean, Osburn. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by Father Peter T. Borda, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Reid, the minutes of the regular meeting of March 1, the adjourned meeting of March 1, 1977 held on March 2, 1977; the adjourned meeting of March 1, 1977 held on March 3, 1977, and the adjourned meeting of March 1 held on March 4, 1977 be approved. Carried by unanimous vote. Absent: Camacho. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "POISON PREVENTION WEEK" (March 20-26.) Moved by Reid, seconded by Dalla, the proclamation be adopted. Carried by unanimous vote, Absent: Camacho. Mr. Getaway, representing the San Diego Poison Information Center, accepted the proclamation from the Mayor. MAYOR'S APPOINTMENTS The Mayor's proposed appointments of JAMES D. FERGUSON to the ADVISORY AND APPEALS BOARD (term March 1, 1977 to February 28, 1981); James Schwab to the Park and Recreation Advisory Board (term April 1, 1977 to March 31, 1980) and the reappointment of Adolph G. Labiak to the Park and Recreation Advisory Board (term April 1, 1977 to March 31, 1980) were presented. Moved by Pinson, seconded by Dalla, the Mayor's appointments be approved. Carried by unanimous vote, Absent: Camacho. ORAL COMMUNICATIONS LLOYD LEE, SAN DIEGO COUNTY WATER AUTHORITY, presented City Manager Osburn with Resolution of the SDCWA Board in appreciation for the time and effort he gave to the Water Authority. Mr. Lee brought Council up-to-date on the water drought. Mayor Morgan thanked him for attending the meeting and the honor bestowed on Mr. Osburn. BRUCE WYMAN, 3635 Walwona Street, San Diego, was present and stated his firm designed a commercial building for the corner of 8th and Palm; on next weeks' Agenda approval is to be requested for Traffic Safety Committee's recommendation for this site; they are faced.with escrow closing on the property this week; he agreed with the conditions of the Traffic Safety Committee and would like Council to approve those conditions now so that they can pull permits now and resolve any problems between now and next week before Escrow closes. City Engineer Hoffland stated this is the SE corner of 8th and Palm; they are attempting to build a commercial building and are having problems with access onto 8th Street; they are requesting approval of a driveway 10-12' from the easterly boundary; the Traffic Safety -committee recommended approval be given for this provided it's a private street entrance with regm].ar- curb retuv a- and that 8th Street 3/15/77 71 be restriped to allow a two-way left turn lane between Palm and "R" Avenues; this would require red curb in front of this applicant and his commercial neighbor to the east; both of these commercial develop- ments have off-street parking and do not use street parking so the red curb should not present a problem. Mayor Morgan asked if any of the property owners objected to this or the red curbing. City Engineer Hoffland stated the full length is commercial; their particular lot does not have red curb and their commercial neighbor to the east has off-street parking. City Engineer Hoffland displayed a map showing the property in question and the improvements to be made. There was further discussion. Moved by Pinson, seconded by Reid, in favor of the recommendation of the City Engineer. Planning Director Gerschler stated they are trying to get a site plan approved for these people and are concerned that if the adjoining property owner (who in the past has been opposed to things like this) were to object to that red curb and, if Council then saw fit to change the plan for striping, that would leave the City with a driveway without the solution of the left -turn lanes the traffic engineer has recommended; and would leave the'City with what Planning would think would be a dangerous situation; they are urging the gentlemen to get the approval of the neighboring property owners before coming to Council. Mr.. Wyman stated the urgency is that escrow is closing and they want the problems solved before then. JOE HALLOW, First Western Properties, the intended owner of this property, was present and stated they have tried to accommodate the adjoining property owner whereby they would share a driveway with him and he has demanded an enormous amount of rent for the privilege of joint use of the access; their project would be viewed as a competitive situation to him; he has nothing to gain if they build and a competitive advantage to gain if he can prevent them from building (which he will do if they lose access onto 8th Street); without access onto 8th they cannot build, it is a useless site; the adjoining owner had demanded the sum of $5,000 per year to be paid to him for the use of the driveway on 8th Street. Motion carried, by the following vote, to -wit: Ayes: Pinson, Reid, Morgan. Nays: Dalla. Absent: Camacho. PUBLIC HEARINGS The HEARING on proposed ZONE CHANGE for certain properties bounded by 18th, Palm, 22nd and "N" and on the west side of "N" between 18th and Roselawn from RM-1 to RS-2 (ZC-2-77) was held at this time. City Clerk Campbell stated the Certificate of Publication and City Clerk's Affidavit of Mailing Notice of Public Hearing were on file. Planning Director Gerschler stated the Planning Commission has recommended in favor of this item. THOMAS BERRY, and Mrs. LOUISE BERRY, were present and stated they own the property at 1908 "N" Avenue; they invested in this property where they intended to build multiple dwellings; at the time they were going to go ahead but their daughter needed a place to live so they did not; since then that has changed and they now plan to go ahead with the multiple dwellings on this; they request- ed that 1908 "N" be excluded from this rezoning. Mr. Berry stated he hadn't testified before the Planning Commission concerning this. Mr. Gerschler stated the zoning regulations that now apply (without the change) limit that lot to one single family dwelling, the zone change that is proposed would zone it for the same thing. Mr. Berry stated he understood when the property was sold to him that it was anR-4 lot. Mr. Gerschler stated the General Plan was changed about a year ago; the zone change before Council would put the zoning map in compliance with the General Plan; regulations that now apply would limit the Berry's property to a single family dwelling; not much would be accomplished by exclusing it from the zone change. Moved by Pinson, seconded by Reid, the Public Hearing be closed and the Planning Commission's recommendation be pproved. Carried by unanimous vote. Absent: Camacho. The HEARING on proposed ZONE CHANGE TO REZONE from RM-1 Density 20 to RT-PD Density 15 the property located between 6th and 7th STREETS, having 165' of frontage on E. 6th Street lying between 1340 and 1400 (non -inclusive) E. 6th; and215' of frontage on E. 7th Street lying 3/15/77 72 between 1346 and 1441 (non -inclusive) E. 7th Street (ZC-3-77) was held at this time. City Clerk Campbell stated the Certificate of Publication and City Clerk's Affidavit of Mailing Notice of Public Haring were on' file. Planning Director Gerschler stated the Planning Commission recommends approval. E. CHAVEZ, 1521 E. 6th Street, was present and stated they were against the zone change when it came before the Planning Commission; they pointed out to the Commission the lay of the land and problems of the community; one problem is that there are a lot of duplexes already on "M" Street; there's no cross street to service these people, only a 20' alley -way to service them; the street level of 6th Street is 20 feet higher than the land; there is also drainage problems in there and parking problems. Mr. Gerschler stated this is equivalent to about six standard lots, the existing zoning is residential multiple family which now allows 23 dwelling units, the proposed zoning is residential two family which allows a total of 12 dwelling units, about half of what is now allowed, Mr. Chavez stated he feels this property should be single family. DAVID HARGET, 1432 E. 6th Street, was present and stated when he bought his property, which is zoned RM-1, he wanted to put up a fence and when he called the City he was told as long as it was a chain -link fence he didn't have to have a permit; he is wondering if they put multiple dwellings in and pave it for off-street parking, what type of drainage are they going to provide. Mr. Gerschler stated that the zoning code does require adequate and proper drainage and before anything could be built it would be subject to review by the City Engineer. Moved by Pinson, seconded by Reid, the Hearing be closed and the recommend- ation of the Planning Commission be approved. Motion carried, by the following vote, to -wit: Ayes: Dallas Pinson, Reid. Nays: Morgan. Absent: Camacho. Moved by Pinson, seconded by Dallas this be referred to the Planning Commission to study the whole area as single family, on 6th and 7th. Carried, by the following vote, to -wit: Ayes: Dallas Pinson, Morgan. Nays: Reid. Absent: Camacho. The HEARING on proposed ZONE CHANGE from CL to RS-2 for property at 3329 ORANGE AVENUE (ZC-4-77) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing Notice of Public Hearing were on file. Planning Director Gerschler stated the Planning Commission recommends approval. Councilman Pinson stated Mr. Gerschler if there were any possibility of this area becoming commercial. Mr. Gerschler stated this would not happen with- out a consolidation of properties and general redevelopment of the area and there is no immediate prospect of that happening; any change would be many years away. No one spoke in this regard. '.Moved by Pinson, seconded by Reid, the Public Hearing be closed and the Planning Commission recommendation be approved. Carried by unanimous vote. Absent: Camacho. ADOPTION OF RESOLUTIONS Moved by Dallas seconded by Reid, these Resolutions be presented to Council by title only,. Carried by unanimous vote. Absent: Camacho. Resolution No, 12,289, "RESOLUTION ESTABLISHING TRUST ACCOUNT FOR THE PURCHASE AND MAINTENANCE OF VARDA ALARM SYSTEM." Moved by Reid, seconded by Pinson, Resolution No. 12,289 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,290, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO RENDER SERVICES RELATING TO THE CONDUCT OF A SPECIAL ELECTION TO BE HELD IN NATIONAL CITY ON MAY 31, 1977." Moved by Reid, seconded by Pinson, Resolution No. 12.290 be adopted. Councilman Dalla asked how the election would be paid for; since there are two questions on the ballot, will the Water Authority responsible for a certain percentage. City Attorney McLean stated the City Council is responsible for holding elections; there is no agreement between the City and the South Bay Irrigation District to share any cost; adding measures to the ballot would affect the price very slightly. Motion-carraed s vote. Absents Camacho, 3/15/77 73 Resolution No. 12,291, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO ANTI RECESSION EMPLOYMENT ACT." Moved by Pinson, seconded by Reid, Resolution No. 12,291 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 12,292, "RESOLUTION APPROVING TENTATIVE PARCEL MAP - SOUTHWEST CORNER OF 19TH STREET AND HAFFLY AVENUE (1010 West 19th Street - Crown Zellerbach Corporation). Moved by Reid, seconded by Pinson, Resolution No. 12,292 be adopted. Carried by unanimous vote. Absent: Camacho. ADOPTION OF ORDINANCES (second reading) Ordinance No. 1559 (3/8/77-1), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN (SP-29-76) FOR THE LOCATION OF STREET RIGHT-OF-WAY FOR 30TH STREET AND SWEETWATER ROAD BETWEEN 'N' AVENUE AND A POINT LOCATED ABOUT 150 FEET EASTERLY OF GROVE STREET, AND FOR GROVE STREET NORTH- ERLY OF SWEETWATER ROAD." Moved by Pinson, seconded by Dalla, Ordinance No. 1559 (3/8/77-1) be adopted. Carried by unanimous vote. Absent: Camacho. REPORT OF CITY ATTORNEY - No report. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER No. 36, dated March 15, 1977, in the amount of $37,644.43 (Warrants Nos. 57149 through 57199) was presented. Moved by Reid, seconded by Pinson, this be ratified and approved. Carried, by the following vote, to -wit: Ayes: Dalla, Pinson, Reid, Morgan. Nays: None. Absent: Camacho. INVESTCAL REALTY CORPORATION'S request to renew an EXPIRED BUILDING PERMIT (A building permit was issued on January 8, 1974 authorizing the construction of a 15,400 square foot light industrial building located in the E.J. Christman Business & hidustrial Park; due to cir- cumstances beyond the control of the developer, the construction project was delayed; it is anticipated that such construction will not commence within the next sixty days and the developer has requested that the Building Permit be renewed.) was presented. Moved by Pinson, seconded by Reid, in favor of the request. Carried by unanimous vote. Absent: Camacho The Executive Director of the COMMUNITY DEVELOPMENT COMMISSION'S re- quest, on behalf of the Community Development Commission, that the City Council EXTEND the time PERIOD FOR REPAYMENT by the Community Development Commission of $100,000 loan, at 6% interest, from its due date of April 5, 1977 to October 5, 1977, a 6 months extension was presented. Moved by Reid, seconded by Pinson, this be approved. Carried by unanimous vote. Absent: Camacho. The CLAIMS FOR DAMAGES of DENISE M. JAFFEE, ALLEN KINGSOLVER, SARAH DUNCAN, FREDERICK BENNETT, JAMES A. EDWARDS, and GARR Y L. DOWNS were presented. Moved by Pinson, seconded by Reid, these Claims be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Camacho. Moved by Pinson, seconded by Morgan, the Attorney be directed to take the necessary action to recovery any and all expense incurred `y the City resultincj from this action. Councilman Pinson explained that this is time consumming and expensive to fight the case for the City and we should try to recover the City's money from people trying to sue the City. City Attorney McLean stated that if there is a basis for a counter -claim against these parties, they will make such a claim, if not they can do nothing because the law does not provide City's with this ability. Motion carried, by the following vote, to -wit: Ayes: Dalla, Pinson, Morgan. Nays: None. Abstain: Reid. Absent: Camacho. 3/15/77 74 AUTOMOBILE LIABILITY INSURANCE PREMIUM ADJUSTMENT (Emergency vehicles were placed under the Assigned Risk Plan and were required to carry $500,000 combined single limits of bodily injury and property damage, the price quote for this coverage was $7,236,00; however, when the policy was received it showed limits of liability at $15,000/$30,000 bodily injury and $5,000 property damage; the insurance company was informed of this error, and an endorsement received showing the limits to be $500,000 each person, $500,000 each occurrence bodily injury and $500,000 each person property damage, it also showed an additional $6,846.00 in addition to the $7,286.00; this covers the 39 emergency vehicles.) was presented. Moved by Pinson, seconded by Reid, this be approved. Carried by unanimous vote. CONSENT CALENDAR Item 27. A letter from SUPERVISOR HAMILTON stating County staff will be meeting with City representatives regarding conference to be held 4/7/77 with all appropriate agencies to discuss sewer capacity needs, was presented. Moved by Reid, seconded by Dalla, this be referred to the City Manager to go or designate someone to go. Carried by unanimous vote. Absent: Camacho. Councilman Pinson stated the Manager should be reminded that the City has a plant capacity of 120 million gallons per day and the present flow is 116 million gallons per day and we have more capacity left in National City than the whole metro sewer has put together and we've been paying $90,000 plus $121,000 maintenance per year on that and we want to keep our share for future expansion. Item 28. memo from Acting Fire Chief submitting information on the Municipal Alarm System and combined dispatching. Ordered filed by unanimous vote. Absent: Camacho. Item 29 memo from Assistant City Manager regarding Maytime Band Review Insurance costs. Ordered filed by unanimous vote. Absent: Camacho. WRITTEN COMMUNICATIONS League of California Cities Legislative Bulletin #8-1977 containing the recommendations of the City Manager (Support AB 389, Advisory Nature of State Housing Element Guidelines; oppose SB 164, Compulsory Arbitration, police and fire; oppose ACA 14, prohibition of municipal income and payroll tax.) was presented. Moved by Pinson, seconded by Reid, in favor of the Manager's recommendations, Carried, by the following vote, to -wit: Ayes: Reid, Pinson, Morgan. Nays: None. Abstain: Dalla. Absent: Camacho. SUPERVISOR JIM BATES#invitation for Council represenative to attend a joint session on 4/13/77, 7:00 p.m., of the Board of Supervisors and the City of San Diego on Economic Development (It is intended to have testimony from organizations in the region involved in the region's economic development. The prime purpose of this Conference for the County is to coordinate its economic development programs with those being conducted throughout the region.) was presented. Moved by Reid, seconded by Pinson, Councilman Dalla be appointed to attend this session. Carried by unanimous vote. Absent: Camacho. NATURAL ENERGY SYSTEMS, INC., request for $3,500 to fund the SOLAR HEATING STUDY for the Municipal Pool, which amount will be deducted from the final cost of the system was presented. Moved by Morgan, seconded by Reid, this be tabled for a month. LOU ATKINS, Sales Manager, Natural Energy Systems, was present and stated the purpose of the study is to determine the feasibility and the options available as far as solar heating for the pool is concerned; after talking with the maintenance engineers and looking over the site, in order to make an intelligent recommendation a study will need to be done to examine the roof area currently over the open air dressing rooms in order to, house and provide enough area for support of the solar collectors; a solar system can be installed under a lease agreement or any type of financing arrangement for less than is currently being used to heat the pool which is approximately $1,D00 a month. Mayor Morgan stated 3/15/77 75 the new City Manager will be here next week, this is supposed to come out of Revenue Sharing and we have to have a public hearing, we will have to see how we stand on Revenue Sharing before we commit the money. Mr. Atkins stated that a preliminary work -up on the system shows about $50,000 total to do the job; based on approximately $12,000 to heat the pool, it shows an amortization of 2.6 years. Moved by Reid, this be tabled for 60 days. Motion died for lack of second. Motion carried, by the following vote, to -wit: Ayes: Della, Pinson, Morgan. Nays: Reid, Absent: Camacho. A letter from the President, League of California Cities, stating cities may select one of two alternatives for payment of their SPECIAL BUILDING ASSESSMENT and enclosing invoice which reflects these options, (Cities have the option of paying a lump sum one-time payment which reflects a 10% discount, or three payments over a 3-year period at no interest.) was presented. Moved by Morgan, secrn ded by Reid, this be paid in one lump sum. Mayor Morgan stated this will come out of next year's budget. Carried by unanimous vote. Absent: Camacho. A letter from ITT agreeing to install public improvements adjacent to and fronting on 3040 Terminal Avenue iflhey (the San Diego Unified Port District) should request the temporary facilities be converted to permanent at the end of the temporary storage period and request- ing release of the required building permit to enable them to construct the temporary facility (At the Council meeting of March 8, 1977, ITT requested exemption of street improvements, Council recommended settinc aside the question of either deferral or exemption at this time and the City Attorney suggested a letter from ITT acknowledging respon- sibilities.) Moved by Reid, seconded by Pinson, this be approved. Carried by unanimous vote. Absent: Camacho. Donald J. Burkhart's APPEAL of Planning Commission's denial of his proposed 32-unit apartment complex (Sun Canyon Apartments) and recommendation by City Clerk that hearing on appeal be set for Mareh 22, 1977 (Mr. Burkhart's site plan was denied at the Planning Commission meeting of February 14, 1977; the Planning Commission found the site was subdividable.) Moved by Pinson, seconded by Reid, in favor of the recommendation (hearing be set for March 22). Carried by unanimous vote. Absent: Camacho. DIAMOND CAB COMPANY'S request that an ordinance be adopted making "highflagging" illegal in National City was presented. Moved by Pinsor seconded by Morgan, the Attorney be requested to draft an ordinance to this effect. There was discussion. JOHN LEE, General Manager of Diamond Cab, was present and stated they recognize the problems, but the fact that the ordinance would be on the books making "highflagging' unlawful and that once in a while catching someone at it would be enough to stop it. Mr. Lee stated that if a driver knew he was taking a chance of being caught, that in itself could eliminate the problem. Carried, by the following vote, to -wit: Ayes: Della, Pinson, Morgan, Nays: Reid. Absent: Camacho. REPORTS CITY MANAGER - No report. PLANNING Planning Department's recommendation that staff be instructed to submit to the Regional and State Commission their listed "comments" regarding the Interim Guidelines adopted by the California Coastal Commission, with a request that the guidelines be modified to correct conflicts with our local regulations was presented. Moved by Pinson, seconded by Reid, this be filed with the Commission, Carried by unanimous vote. Absent: Camacho. COUNCIL COMMUNICATIONS COUNCILMAN DALLA asked Mr. John Lee how many cabs operate in National City. Mr. Lee stated there axe 48 cabs operating in the City, for 3/15/77 76 insurance reasons they have been reduced to 45 and three back --ups Moved by Reid, seconded by Pinson, the eeting belsed co. Carried by m unanimous vote. The meeting closed at 8:56 p.m. City of National City, California The foregoing minuted were approved by the City Council of t eCity of National City, California, at the regular meeting of 0 Corrections d7 No correetons May City of National City, California 1977. 3/15/77