HomeMy WebLinkAbout1977 08-02 CC MIN199
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 2, 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: Camacho, Dalla, Pinson, Reid, Morgan. Absent:
None. Administrative officials present: Campbell, Gerschler,Gill
Hoffland, McCabe, McLean.9
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. Bill Barron, Paradise Valley
Y
APPROVAL OF MINUTES
Moved by Dalla, seconded by Camacho, the minutes of the regular meeting
of July 19, 1977 be approved. Carried, by the following vote, to -wit:
Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Abstain: Reid.
PRESENTATIONS AND PROCLAMATIONS -None.
MAYOR'S APPOINTMENTS
Mayor Morgan's proposed appointment of Joe Reid to Chamber of Commerce's
Salute to Navy Week Committee was presented. Moved by Camacho, seconded
by Dalla, in favor of the Mayor's appointment. Carried by unanimous
vote.
ORAL COMMUNICATIONS
ALFRED HLAWATSCH, 905 E. 13th Street, was present and stated he attended
a meeting of the Sweetwater Water Authority; he was an opponent of taking
over the water company and had been for 20 years; we've found out that
water rates are going to be raised regardless of what had been stated
before the election. Mr. Hlawatsch said in reading the Joint Powers
Agreement he discovered the City will be losing $115,000.00 per year in
stand-by charges under the anticipated relationship with the new water
authority; the stand-by charges that were paid by Cal -Am are not to be
paid by the new system; this $115,000 has to be made up somewhere else,
either by increased taxes or reduction in somebody's salary or reduction
in services; the City has authority under the Joint Powers Agreement to
reinstate the stand-by charges upon 90-days written notice to the
Sweetwater Authority. Mr. Hlawatsch asked Council to immediately or, on
September 1, give written notice to the Sweetwater Authority that National
City intends, if the water company is taken over, to charge that
$115,000 a year so we will not lose this money. City Manager Gill stated
in the budget, the revenues for 1977-78 fiscal year do not include the
$115,000 (they had in prior years) and the budget is balanced without
these funds. Mr. Hlawatsch asked where this money went in the past.
City Manager Gill stated the current fiscal year is brighter than
anticipated so it has off -set that loss of revenue. Mr. Hlawatsch said
he was speaking of options and future situations where the City may have
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to make a decision between raising taxes and reinstating the stand-by
charges and he suggests to Council that reinstating the stand-by charges
might be a more appropriate choice because it will more truly_ show us
what our water really costs compared to the past cost and it will push
the water authority into being more efficient. Mayor Morgan asked City
Manager Gill to brief Council on the stand-by charges.
DALE POUND, V.P., NCMEA, was present and thanked Council for their
generosity in this year's salary increases and stated he submitted his
resignation to attend the University of Texas to complete his engineering
degree. Mayor Morgan wished Mr. Pound well and stated Council appreciates
the employees coming forward with a word of thanks.
COUNCILMAN CAMACHO reported members of the Police Department together with
members of the Chula Vista Police Department formed a softball team
which took 5th place in the annual Police Olympics. Councilman Camacho
presented a key to the City to members of the team who were present in
the audience,
PUBLIC HEARINGS
The CONTINUED HEARING to add PLANNED UNIT DEVELOPMENT zoning to property
on the west side of Rachael Avenue, south of and adjacent to 2550-52
Rachael Avenue (ZC-11-77) was held at this time. Planning Director
Gerschler stated the Planning Commission recommends approval. No one
spoke in this regard. Moved by Camacho, seconded by Reid, the Public
Hearin be closed and the recommendation to add Planned Unit Develo ment
on the west side of Rachael be approved with all the Planning Commission's
recommendations. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Dalla, these Resolutions be presented by
title only. Carried by unanimous vote.
Resolution No. 12,423, "Supporting the use of North Chollas as an Interim
Landfill Site." Moved by Pinson, seconded by Camacho, this be filed.
Carried by unanimous vote, ADELE BECK, 5532 Governor Road, San Diego,
a member of the Oak Park Community Council Executive Board, the Carver
Elementary School Executive Board, and Supervisor Jim Bates 4th District
Advisory Committee, was present and read a prepared statement to Council
voicing opposition to the landfill project. ROBERT EPPLER, Solid Waste
Superintendent for the City of San Diego was present and requested
National City's support in this matter. Mayor Morgan stated the City
has made an effort to stay out of other city's controversies.
Resolution No. 12,424, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING METHOD OF DISTRIBUTION FOR FUNDS APPORTIONED
COUNTY UNDER THE FEDERAL AID FOR SAFER OFF -SYSTEM ROADS (SOS) PROGRAM."
Moved by Pinson, seconded by Dalla, 13221aIi2/2N9kg,A24 be adopted.
Carried by unanimous vote.
Item 15, Director of Public Works' recommendation to approve CHANGE
ORDER 2 to SEWER RECONSTRUCTION CONTRACT 4, Carver Corporation (During
construction, poor soil conditions caused pavement quantities to increase
over those estimated prior to construction. Miscellaneous main extensions,
new laterals and other minor items add $6,234.60 for a total increase of
$17,145.17);
Item 16, Director of Public Works' recommendation to approve CHANGE ORDER
2 to SEWER RECONSTRUCTION CONTRACT 5, Carver Corporation (Items are
adjusted to field measured quantities in place.) and;
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Item 17, Director of Public Works' recommendation to approve CHANGE ORDER
3 to SEWER RECONSTRUCTION PROJECT 6, Carver Corporation (Miscellaneous
deductions amount to $125 and increases amount to $1,112.44 for a net
increase of $987.44) was presented. Moved by Camacho, seconded by Reid,
Ihelt22122e Orders be approved. Carried by unanimous vote.
Resolution No. 12,425, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING
OF NOTICE OF COMPLETION (Sewer Construction Project, Public Works
Employment Act of 1976, Project #6 - Spec. No. 831)." Moved by Reid,
seconded by Camacho, E122114122fiLt12,425 be adopted. Carried by
unanimous vote.
Resolution No.12,426; "Accepting Encroachment Removal Agreement (Joanne
C. Cook and Norman A. CoOk).'" Moved by Pinson, seconded by Camacho,
this be referred to staff four a report on what's gng to be built there,
......„,..............tabecausethathasreOttetherornotthisencroachment
should be granted. Carried by unanimous vote.
Resolution No. 12,427, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AMENDING SECTION 3 OF RESOLUTION NO. 12,402."
Moved by Pinson, seconded by Camacho, Resolution NO., 12)427 be adopted.
Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid,
Morgan, Nays: Dalla.
Resolution No. 12,428, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING ALLOCATING AND APPROPRIATING
OPERATIONAL FUNDS TO THE PARKING AUTHORITY OF THE CITY OF NATIONAL.
CITY, CALIFORNIA," Moved by Camacho, seconded by Reid, Resolution No.
12,428 be adopted. Carried by unanimous vote.
Resolution No. 12,429, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO
THE PARKING AUTHORITY." Moved by Camacho, seconded by Reid, Resolution
Ealt12.429. Carried by unanimous vote.
ORDINANCES FOR ADOPTION (second reading)
Moved by Camacho, seconded by Pinson, this Ordinance be resented b
title only. Carried by unanimous vote.
Ordinance No. 1583 W26,/q7-1), "AN ORDINANCE AMENDING ORDINANCE NO.
1547 (ZC-11-76) TO ADD LEGAL DESCRIPTIONS TO THE PROPERTIES WHICH WERE
CHANGED FROM ONE ZONE TO ANOTHER BY ADOPTION OF ORDINANCE NO. 1547."
Moved by Pinson, seconded by Camacho, Ordinance No. 1583 47/a6/47-1)
be adopted. Carried by unanimous vote,
Ordinance No. 1584 (4/W7W-1), "AN ORDINANCE OF THE CITY 07 NATIONAL
CITY, CALIFORNIA, AMENDING SECTION 6.42.020, SUBSECTION b, SECTION
6.42.030, SECTION 6.42.040, SUBSECTION c, SECTION 6.42.050, SECTION
6.42.070, SECTION 6.42.080 OF ORDINANCE NO. 1522 RELATING TO BINGO GAMES
AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Camacho,
seconded by Pinson, OrdinanceNo,tacted. Carried,
by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan.
Nays: Dalla,
OLD BUSINESS
Gene Jackson's request to install a0DMMERCIAL COACH adjacent to the
new parking lot on LAS PALMAS GOLF COURSE to be used as a PRO SHOP
for a period not to exceed one year (Director of Building & Housing
Biggs recommends approval subject to the following conditions: [aj
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202
no food will be Sold; rb) restroom facilities for the employees be
provided and connection be made to the public sewer; icj a ramp to be
provided at the entrance to the coach; Ldg facilities for the physically
handicapped be provided) w40 presented. Moved by Camacho, seconded by
Reid, this request be prja,nt,ed, Director of Building & Housing Biggs
was present and stated his staff is satisfied with the arrangements
made; it would be difficult to require permanent landscaping since this
is only a temporary site, it is expensive and rather permanent; when
they come back with a permanent site, landscaping could be added.
Motion carried, by the following vote, to -wit; Ayes: Camacho, Dalla,
Reid, Morgan, Nays; Pinson, Mayor Morgan stated the golf course is
trying to open and serve the seniors and people of National City and
he has a problem moving some dirt, approximately 1500-2000 yards of
dirt and they would like to have City crews move this dirt; this is
City -owned dirt moved onto City.owned land when the sewer came through.
Moved by Morgan, seconded by Camacho, we aut •rige the Cit Mana er to
work this roblem out and • t the dirt moved • ever ones satisfaction.
There was discussion. ice Mayor Pinson spoke against the termsof the
golf course contract, Motion carried, by the following vote, to -wit:
Ayes: Camacho, Reid, Morgan. Nays* Dal's., Pinson.
The request for establishment of a "REIMBURSEMENT PROJECT" to benefit
the developers of the utaisma I ESTATES" SUBDIVISION (Cambro Enter-
prises, a partnership [Partner* Brodie and Braun] are the developers
of ”Leisure I Estates" at 16th Street and Euclid Avenue; their approved
subdivision map requires that they dedicate "Lot #4" for street purposes
to allow access to the adjoining subdivisien, "Morning Breeze"; they
are asking to be paid for said "Lot #4"; in a meeting with the City
Attorney and Planning Director on July 19, 1977, they also suggested
that the City reimburse them or that they be excused from the required
dedication; they are now asking for a "reimbursement agreement" whereby
they will dedicate the street now and the Morning Breeze developers
will reimburse them when they develop their own project sometime in the
future) was presented. City Clerk Campbell stated copies of a letter
from Mrs. Julieta Gregorio, developer of Morning Breeze, denying
permission for grading Leisure I on her property had been distributed
to Council; immediately prior to the meeting Mrs, Gregorio turned in
another letter which the City Clerk read aloud; the letter stated in
part, she was against it (the use of Lot #4 as a street) from the first;
thisveuld cause her to be landlocked unless her neighbor develops before
she does; the alleged danger of 16th Street intersecting Morning Breeze
Subdivision could be solved by a "NO LEFT TURN" sign; although this
suggestion had been turned down; she questioned the manner of the
alleged study on traffic; she strongly urged Council to vote "no" on
the "reimbursement project", Moved by Morgan, seconded by Reid, this
Item and Item 21, final subdivision map . Leisure I Estates, should
be referred back to the Planning Commission, ,Jerry Braun, 5153
Manchester Rd„ San Diego, cogideveloper, was present and stated this
appears to be a legal problem, City Attorney McLean stated the problem
is that Mr, Braun's project was approved the design of the sub-
division was approved based on putting fill on your neighbor's
property, prior to approving the subdivision you had a letter from Morning Breeze subdivision saying you could place this on her property
she is now advising you that she doesn't consent, therefore, the
condition upon which the design was approved no longer exists; whether
or not this lady has the right to revoke this is not something Council
can arbitrate. Philip Brodie, 573 South Sierra, Solana Beach, co-
developer of Leisure I Estates, was present and stated he doesn't
understand how approval of the final subdivision map can be held up.
City Attorney McLean stated staff is telling Council that these items
can't be separated one from anotb the Lot #4 problem and subdivision
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203
design approval must beworked out as one item; Council is not in a
position legally to arbitrate this problem, Mr, Brodie stated he
thought the fact that they revised their drawings to show Lot #4 as a
offer to dedicate, they axe not showing that as a buildable lot; they
processed it as ten lots not eleven, that in conjunction with that the
Lot #4 question, as far as reimbursement would be settled along the
way, by separate action. City Attorney McLean stated they have had a
subdivision approval based on a grading scheme your neighbor says ays she
won't allow to happen; so how can the Council approve a plan and put
themselves in that position; the problem is with Leisure I Estates and
their neighbor. Planning Director Gerschler stated the tentative
subdivision map was drawn showing grading on the neighbor's lot and
approval by the Commission and Council was subject to the condition that
they produce permission to go onto the neighbor's property and grade;
and they did; now the problem that staff faces, and it's a legal
problem, is that the City Engineer and Planner are required by law to
certify that the final map agrees with the tentative map; the tentative
map bears a condition that cannot be fulfilled. JULIETA GREGORIO, 1410
Euclid Avenue, was present and Mayor Morgan asked her if she knew Lot
#4 was set aside for street purposes for her to get into her property?
Mrs. Gregorio stated that she did know, but she wasn't told it was for
a price. Mrs. Gregorio stated she was forced to use it; she doesn't
want to use it. Moved by Pinson, seconded by Dalla, this item be tabled
for a few moments. Carried by unanimous vote.
(City Attorney McLean, Planning Director Gerschler and City Engineer
Hoffland left Council Chambers at 3: 35 P.M.)
The City Treasurer/Finance Director's request for ratification of WARRANT
REGISTER #2 dated August 2, 1977, in the amount of $73,450,26 (Warrant
Nos. 58394 through 59481) was presented. Moved by Reid, seconded by
Camacho, this be ratified. Carried, by the following vote, to -wit:
Ayes: Camacho, Dal?a, Pinson, Reid, Morgan. Nays: None.
The Executive Director's (Community Development Commission) request
for approval of REVISION TO THE CITY'S HOUSING ASSISTANCE PLAN, Table
III, page 21 of 29, Third Year Community Development Block Grant Program
(The U.S. Department of Housing and Urban Development treats the numbers
on the form as rigid maximums. In order for. the City's Housing
Assistance Plan to have some degree of flexibility in the distribution
of units, it is necessary to increase the total units, third year, from
200 to 300 and to adjust the horizontal distribution accordingly.)
presented, Moved by Camacho, seconded by Pinson, this be ap roved.was
Carried by unanimous vote, P
The Director of Public Works' recommendation of approval of CHANGE ORDER
1 to TRAFFIC SIGNALS, Palm and Division Street (Arrow Electric) (In
order to expedite construction and provide a controller similar to the
other fixed time controller in National City, Change Order 1 accepts a
rebuilt controller with a $650 credit in lieu of a new controller for
which the City has no parts on hand.) was presented. Moved by Reid,
seconded by Camacho, Change Order 1 be approved. Carried by unanimous
vote.
The Director of Public Works' REPORT ON 1911 ACT on "N" AVENUE, 8TH
STREET TO 9TH STREET and 9TH STREET BETWEEN "M" AND "N", (The Council
on June 14, 1977 ordered a report on the estimated cost of improving
"N" Avenue between 8th to 9th and 9th Street between "M" to "N" by 1911
Act proceeding. The report estimates the project cost to be $53,153.00;
estimated City contribution, $8,213.34; estimated local assessments,
$44,934.66.) was presented,. Moved by Dalia, seconded by Pinson, this
item be tabled until the end of the meetin . Carried by unanimous vote,
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PLANNING
Planning Department's recommendation of approval of GENERAL PLAN CHANGE,
GP-2-77, Items 8 and 9 (Item 8, to change from "General Commercial" and
"Historical" to "Residential", density to be determined by the Planning
Commission at a public hearing, the area bounded by Plaza Boulevard on
the north, "D" Avenue on the east, 12th Street on the south, and
National Avenue on the west. Item 9, to change from "Neighborhood
Commercial" to "General Commercial" the land use designation on the
commercially designated lands at the southeast. corner of Plaza Boulevard
and Harbison Avenue; and east of Harbison Avenue between 8th Street and
Plaza Boulevard.) were presented. Moved by Camacho, seconded by Pinson,
the Attorne draft an Ordinance and brin it back to Council. Carried
by unanimous vote.
The Planning Department's request that a 12-MONTH EXTENSION be allowed
on TENTATIVE MAP approval, WEST SIDE OF "T" AVENUE between 4th and 7th
Streets (assessor's paxcel No. 557-050-37, Sal Zavala, applicant) was
presented. Moved by Pinson, seconded by Reid, for approval. Carried
by unanimous vote.
Item 21, approval of FINAL SUBDIVISION MAP, Leisure I Estates was tabled
until completion of the agenda.
The Planning Department's request Council adopt a resolution of intent
to vacate a portion of Wilson Avenue between 12th and 13th Street,
applicant, Vernon Myres (This portion of Wilson Avenue is presently
improved as a cul-de-sac; the applicant is requesting vacation to allow
greater utilization of his property for development, at some future
date.) was presented. Moved by Pinson, seconded by Dalla, it be
referred to the Attorne to brin back a Resolution. Carried by
unanimous vote.
MAYOR - No report.
CITY COUNCIL
COUNCILMAN CAMACHO sated he received a call asking if the City would
be responsible for the drain between Plaza and 9th Street west of
Harbison; some of the people say it's like a fire trap in there, a lot
of grass and weeds. Moved by Reid, seconded by Camacho, the City Manaer
check this out to see if it's City resoniblit.
(City Attorney McLean, Planning Director Gerschler and City Engineer
Hoffland returned to Council Chambers at 8:50 p.m.)
COUNCILMAN DALLA stated there hasn't been a picture of the President of
the United States hanging in Chambers for a long time; perhaps the City
Manager could look into this.
Item 18, 1911.Act Report on "N" Avenue between 3th Street to 9th Street
and 9th Street between "M" Avenue to "N" Avenue was brought to the floor.
City Engineer Hoffland suggested this be held over until Council can get
a reaction from the property owners. Mr. Hoffland stated his staff
talked to the petitioner in the area; but they don't have a feel for
what the surrounding property owners want. ADELE STENCIL, 1 333 E. 9th,
was present and stated she was in favor of approving this Act. Moved
by Pinson, seconded by Camacho, the Engineer notice all ro ert owners
of the estimated assessment. EDWARD STENCIL, 1333 E. 9th Street, was
present and asked Council for assistance in filling in the chuck holes
in the street. City Engineer Hoffland stated his staff will look into
it. Motion carried by unanimous vote.
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205
Moved by Reid, seconded by Camacho, a2m11and Item 21 be bout back
utoIpsflpor. Carried by unanimous
City Attorney McLean stated staff has nothing to add regarding LEISURE
I ESTATES project and approval of the final subdivision map, LARRY
BRAUN, stated the problem seems to be that Mrs. Gregorio is mad at the
City, Planning Director Gerschler stated City staff is anxious to
see this problem settled to both property owners satisfaction; this is
our job and ourresponsibility and we will continue to do all that we
can to help negotiate a solution to the problem, City Attorney McLean
stated the problem does not lie with Lot #4 but rather with the grading
rights. Moved by Pinson, seconded by Reid, Item 11 Reguest for
111e112142E12121212ELEEDIPDIAProt" to benefit the develo ers
2XI12211.2121.1I21EEIAltgs" subcLjvjsjon; and,
Item 21 final subdivisi0rnla7-Lestates be tabled until Frida
PLANNING COMMISSION - NOTICES OF DECISION
Items 25 through 29 were presented:
Item 28, denying application for PLANNED DSVELOPMENT PERMIT to allow
development of a 32-UNIT APARTMENT COMPLEX at 3300 SWEETWATER ROAD
(PD-91) was presented. It was reported the applicant appealed the
decision. Moved by Pinson, seconded by Camacho, this be set for ublic
jagsuzza..kaguat j&j.a.t. _can j.mula.zeluaz.ed",s416ambeit_h_ (1f.,
Kagmja2d) Carried by unanimous vote,
Item 23, Planning Commission Res, No. 59-77, approving application for
CONDITIONAL USE PERMIT to allow an UPHOLSTERY SHOP, non -automotive, at
135 E. 8th Street (CUP 1977-15);
Item 24, Planning Commission Res, No. 60-77, approving application for
CONDITIONAL USE PERMIT to allow a room addition that will ENCROACH
2'10" into required REAR YARD setback at 2329 E, 1st Street (CUP 1977-16);
Item 25, Planning Commission Res, No. 61-77, approving application for
ZONE VARIANCE to allow a LOT SPLIT creating two parcels with less than
50' frontage on a dedicated street at 2548, 2550 and 2552 RACHAEL AVENUE
(Z-11-77);
Item 26, Planning Commission Res. No. 62-77, approving application for
VARIANCE to allow SIGN AREA AND HEIGHT to exceed that required for
projecting signs on property at 222 E. 8th Street (Z-12-77);
Item 27, Planning Commission Res. NO. 63-77, approving application for
ZONE VARIANCE to allow a LOT SPLIT that will create a lot having 494"
frontage in lieu of required 50' at 117 and 121 E. 2nd Street (Z-13-77);
Item 29, Planning Commission Res. No. 64-77, approving application for
VARIANCE to allow development of a PARKING LOT that will have an aisle
width of 20' in lieu of required 24' and a slopp!of 7% in lieu of 5%
maximum immediately north of 1048 "E" AVENUE (Z-14-77). Moved by
Camacho, seconded by Pinson, Items.........4_2324252627 29 be filed.
Carried by unanimous vote,
Moved by Morgan, seconded by Pinson, /n2222Ii.pg be adiourned to 4:00
Ram Frida Au ust 5 1977 Cit Council diTiTo7e;7777177.e7dET7MMIMous
vote. The meeting closed at 9:02 p.m,
CITY cJZ1i
CITY OF NATIONAL CITY, CALIFORNIA
The foregoingminutes were approved by the City Council of the City of
National City, California at the regular meeting of August 1,$, 1977,
/'
Corrections
No co. •eci
MAYOR /
CITY OF NATIONAL CITY, CALIFORNIA
8/2/77