HomeMy WebLinkAbout1977 12-20 CC MIN32
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
December 20, 1977
The regular meeting gf 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, Reid, Van Deventer, 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 the Rev. Dale Barizo.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Reid, the minutes of the regular meetings
of December b, 1977 be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS None.
MAYOR'S APPOINTMENTS - None.
PUBLIC ORAL COMMUNICATIONS
MAYOR MORGAN displayed an architect's rendering of the proposed Senior
Citizens Hi -Rise and outlined the time schedule for construction. The
Mayor reviewed the years of work that are now coming to fruition and
invited Council to comment. Councilman Camacho stated he was happy
about the building and glad to see Council's work reach a happy
conclusion.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Van Deventer, these Resolutions be
Rresented to Council by title only. Carried by unanimous vote.
Resolution No. 12,587, "RESOLUTION ACCEPTING CONVEYANCE OF REAL
PROPERTY (Grant Deed - M. O. Garner, 9th Street)." Moved by Camacho,
Resolution No. 12,587 be adopted. Carried by unanimous vote.
Resolution No. 12,588, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES (Ninth Street)." Moved by Van Deventer, seconded by
Reid, Resolution No. 12,588 be adopted. Carried by unanimous vote.
Resolution No. 12,589, "RESOLUTION DENYING AN APPLICATION FOR CONDI-
TIONAL USE PERMIT (CUP 1977-23) TO ALLOW A CHURCH ON PROPERTY LOCATED
AT 1524 EAST 18TH STREET." Moved by Van Deventer, seconded by Reid,
Resolution No. 12,589 be adopted. Carried by unanimous vote.
Resolution No. 12,590, "RESOLUTION ACCEPTING STATEMENT OF UNDERSTANDING
AND DIRECTING THE RECORDING THEREOF (Flood Hazard Acknowledgement -
Morgan -Norman, 20th Street and Hoover Avenue)." Moved by Reid,
seconded by Van Deventer, Resolution No. 12,590 be adopted. Carried,
by the following vote, to -wit: Ayes: Camacho, Dalla, Reid,
Van Deventer. Nays: None, Abstain: Morgan.
12/20/77
33
Resolution No. 12,591, "RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF
COMMERCE." Moved by Camacho, seconded by Van Deventer, Resolution
No. 12,591 be adopted. Carried by unanimous vote.
Resolution No. 12,592, "RESOLUTION IN SUPPORT OF ORIGINAL DESIGN AND
INTENT OF THE SOUTH COUNTY REGIONAL CENTER AS EMBODIED IN SUPERVISOR
HAMILTON'S RECOMMENDATIONS." Moved by Reid, seconded by Van Deventer,
Resolution No. 12,592 be adopted. Carried by unanimous vote.
Resolution No. 12, 593, "RESOLUTION ACCEPTING COVENANT RUNNING WITH
THE LAND AND DIRECTING THE RECORDING THEREOF (Ronald B. Guy - 1335
East 17th Street.)" Moved by Reid, seconded by Van Deventer, Resolution
No. 122593 be adopted. Carried by unanimous vote.
Resolution No. 12,594, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING THE MAYOR TO FILE, ON BEHALF OF
THE CITY OF NATIONAL CITY, AN APPLICATION INCLUDING A RELATED HOUSING
ASSISTANCE PLAN, WITH THE U. S. DEPARTMENT OF HOUSING & URBAN DEVELOP-
MENT FOR THE CITY'S FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM (APRIL 20, 1978 TO APRIL 19, 1979)." Moved by Reid, seconded
by Camacho, Resolution No. 12,594 be adopted. Carried, by the
following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan.
Nays: Dalla.
Resolution No. 12,595, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL
AGREEMENT (Joanne C. Cook and Norman A. Cook)." Moved by Reid,
seconded by Camacho, Resolution No. 12,595 be adopted. Carried by
unanimous vote.
Resolution No. 12,596, "RESOLUTION ACCEPTING CONVEYANCE OF REAL
PROPERTY (Quitclaim Deed, John R. & Flora F. Knight, Eng No. 3891,
16th Street between "L" & "M"; Quitclaim Deed, John R. & Flora F.
Knight, Eng. No. 3892, "L" Avenue)." Moved by Reid, seconded by
Van Deventer, Resolution No. 12596 be adopted. Carried by unanimous
vote.
Resolution No. 12,597, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES AND RESCINDING RESOLUTION NO, 12,518 (Sixteenth
Street)." Moved by Camacho, seconded by Van Deventer, Resolution
No. 12,597 be adopted. Carried by unanimous vote.
Resolution No. 12,598, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES AND RESCINDING RESOLUTION NO. 12,519." Moved by Reid,
seconded by Van Deventer, Resolution No. 121.598 be adopted. Carried
by unanimous vote.
Resolution No. 12,599, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE
LAND AND DIRECTING THE RECORDING THEREOF AND RESCINDING RESOLUTION
NO. 12,520 (John R. and Flora F. Knight, Eng, No. 3824, "L" Avenue
northerly of 16th Street)." Moved by Reid, seconded by Camacho,
Resolution No. 12,599 be adopted. Carried by unanimous vote.
Resolution No. 12,600, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE
LAND AND DIRECTING THE RECORDING THEREOF (John R. & Flora Knight, Eng.
No. 3893, "M" Avenue northerly of 16th Street) ." Moved by Reid,
seconded by Camacho, Resolution No. 12 z600 be adopted. Carried by
unanimous vote.
Resolution No. 12,601, "RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM
DEED TO RONALD B. GUY (Sewer Easement North of 17th Street and West
of "N" Avenue)." Moved by Reid, seconded by Camacho, Resolution
No. 122601 be adopted. Carried by unanimous vote.
12/20/77
34
Resolution No. 12,602, "Ordering work ("I" Avenue between 24th Street
and 26th Street, Assessment District No. 191)." MARCY MC DONALD,
2424 J Street, was present and stated since last meeting she contacted
each of the individuals involved in this 1911 Act; after they were told
what the assessment was going to be, she believes has a 50% opposition
to this project; she asked Council to hold off action on the project
until next meeting so she can obtain written affidavit stating exactly
how many are opposed; and, in the meantime, if she finds out that
there is anychange in the percentage of opposition, she will contact
the Engineering Department so that Council won't have to waste any more
time, Mayor Morgan stated that last Tuesday was the last day to bring
in a petition. Mrs. Mc Donald stated last Tuesday she told Council
she was opposed to the street improvements, it was the first time she
knew them was going to be a meeting about it and she came on her own
behalf; no petition had been brought to her to sign and she can't
understand how a petition could have been circulated without her
knowing about it, or how they came up with 65 of the people in the
area in favor of the 1911 Act. Mayor Morgan stated everyone had been
notified of the public hearing last week and that was the last public.
hearing; it is now time to set the wages and proceed with the work,
Mrs. Mc Donald was the only one who came to protest, City Engineer
Hoffland stated the proper procedures have been followed in this
project and the percentage of the petition was the percentage of the
land area in the district not the percentage of signatures; his
department doesn't actively participate in a petition, that's the
property owners pi rogative; as soon as the petition is brought in they
check it for names to be sure that only those people living in the
area have signed the petition. City Attorney McLean stated you could
have a situation where the owner of 65% of the territory and 20 persons
who own the other 35% of the territory could be for and against the
petition but the majority owner would carry the more weight; under the
district statues under which the City is proceeding this determination
is based on ownership and not on a head count. Moved by Reid,
seconded by Da].la, this be laid over to the next meeting to give the
lady a chance to go around from door to door, NARY LOU ATWELL,
member, Highland AvenueBaptist-Murch, was present and asked how the
assessment figure was given to the church as to the amount they would
owe; who had the authority to give that figure when the Petition was
circulated? City Engineer Hoffland stated at the time someone comes
in to ask how to pursue a 1911 Act, they are given a form for the
petition, they discuss with them what the construction costs usually
run, they refrain from giving finished estimates at that time because
sometimes it takes over a year to get a petition back; when the petitior:
is returned and accepted then they can finish the plans and make a firm
estimate at the time; once that estimate is in they are bound not to
exceed that estimate by more that 10 so that if construction costs
come in higher than that they either have to have City contribution or
hold new hearings. Mrs. Atwell stated she had been given the figure
of $1200 when the petition was circulated and the assessment came in
at $2700; how could a person arrive at $1200 and then come up with an
assessment of $2700 with the possibility of even being more? Mrs.
Atwell stated she wasn't implying that the City Engineer furnished the
figures but someone who asked that the petition be signed gave a
figure that seemed to be representative of the City when in reality it
was not, City Engineer Hoffland stated this is the reason assessment
estimates are mailed out before the Resolution of Intention hearing so
that if the costs of the project are unacceptable, people have the
right to protest at that hearing. Councilman Camacho stated that
Mrs, Mc Donald was the only person who showed up for the hearing and
so Council assumed that the other property owners were satisfied with
the final costs, Motion to lay over carried by unanimous vote.
12/20/77
35
Resolution No. 12,603, "Adopting wage scale ("I" Avenue between 24th
Street and 26th Street, Assessment District No. 191)." Laid over.
City Attorney McLean stated he had two Resolutions to be presented that
were not listed on the Agenda and the reason for the urgency is that
they are necessary to proceed with the processing of the parcel map
that will extend the Mile of Cars; the deeds must be authorized by
December 30th and staff wasn't sure Council would meet December 27th.
Moved by Camacho, seconded by Reid, these Resolutions be presented by
title only. Carried by unanimous vote.
Resolution No. 12,604, "RESOLUTION ACCEPTING CONVEYANCE OF REAL
PROPERTY (Easement - James P. Peltier & Donald K. McCredie)." Moved
by Camacho, seconded by Reid, Resolution No. 12,604 be adopted.
Carried by unanimous vote.
Resolution No.
QUITCLAIM DEED
32nd Street at
Resolution No.
PUBLIC HEARINGS
12,605, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION
TO JAMES P. PELTIER AND DONALD K. McCREDIE (Slope rights -
National)." Moved by Camacho, seconded by Van Deventer,
12,605 be adopted. Carried by unanimous vote.
The continued HEARING on APPEAL of Planning Commission denial of
APPLICATION FOR ZONE VARIANCE to allow conversion of a portion of a
residential structure to commercial use on property at 1427 Highland
Avenue (Z-21-77) was held at this time. Assistant Planning Director
Gunnarson requested the hearing be continued to January 3rd. Moved
by Camacho, seconded by Reid, in favor of the recommendation. Carried
by unanimous vote.
The HEARING on the "F" AVENUE REORGANIZATION 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.
Planning Director Gunnarson stated this proposed Reorganization includes
the annexation of some 7.05 acres on "F" Avenue south to 30th Street,
and also includes the de -annexation in the same area from the Lower
Sweetwater Local Fire Protection District and County Flood Control
District; the purpose of the hearing is to hear and receive any
written protests relative to this proposed reorganization; the
annexation and reorganization was initiated by the City after receiving
a petition signed by 74% of the property owners in the area; the
application was filed with the Local Agency Formation Commission. they
held a hearing on it and have approved the proposed reorganization
subject to two conditions: (1) the description of the boundaries shall
be modified to conform to Exhibit "B4P attached to the Planning Department
agenda statement [document No. 60803]; (2) the Lower Sweetwater Local
Fire Protection District shall be exempt from the Health and Safety
Code Sec. 13954 requirement to redistribute its property and unencumberec
funds to the City of National City. THEO STAHL, 3105 "F" Avenue, was
present and asked what the benefit to the property owners would be in
case of the annexation? Mayor Morgan stated the people in the area
wanted to annex because they need better police protection and fire
protection. Mr. Stahl asked if the City intends to put in sewers in
the area. City Engineer Hoffland stated there is a National City
sewer to the south of "F" Avenue and it was his recommendation when
the petition came in that it only come in if the majority within the
reorganization sign a Covenant not to protest a 1911 Act to install
sewers; there are a number of residents who wish to attach to the sewer
system; those residents that are currently attached to a septic tank
will be allowed to continue until the 1911 Act is organized. Mr. Stahl
asked if the property owners would have to pay for the sewers? City
Engineer Hoffland stated the assessment would include the cost of the
sewer and the property owners would have to pay for it even if they
didn't connect to it,and at the time they did connect there would be a
lateral fee. Mayor Morgan stated another reason they wanted to annex
to the City is because they are paying $2.40 for fire protection and
the entire City tax in National City is $1.56 -.- you would save around
90 cents on the tax rate. Mr. Stahl asked if sidewalks would be put in.
City Engineer Hoffland stated that if Mr. Stahl were to build or any
12/20/77
36
building permit in excess of $4,000 would require up to 10% of the
building valuation in street improvements so if the street is not
presently improved he could be required to improve the street at such
time as a building is put in in excess of $4,000. ROBERT H. ROGERS,
3035 "F" Avenue, was present and asked if the zoning in the area
would be changed by annexation? Presently he is zoned R-2 plus C-1,
could he keep that zoning designation? Asst. City Planning Director
Gunnarson stated if his property is annexed, the City would put the
zoning on as closely matched as what he has now; for example, if he
had R2-A and C-1 the City would add commercial zoning; subsequently,
there will have to be hearings to make the zoning and the General
Plan agree; but when it comes in it would be matched as closely as
possible to the existing zoning. No one else was present in this
regard. Moved by Camacho, seconded by Van Deventer, this hearing be
closed and the reorganization of "F" Avenue be ratified by Council.
Asst. Planning Director Gunnarson asked Council to instruct staff not
to bring a Resolution back approving this reorganization until the
agreements by a majority of the property owners are submitted not to
o,Rpose the 1911 Act as recommended by the City Engineer. Included
in motion and second. Motion carried by unanimous vote..
INTRODUCTION OF ORDINANCES (first reading)
Moved by Camacho, seconded by Reid, these Ordinances be presented by
title only. Carried by unanimous vote.
Ordinance No. 12/20/77-1, "Amending Ordinance No. 891 regulating the
keeping of birds and animals."
ORDINANCES FOR ADOPTION (second reading)
Moved by Camacho, seconded by Reid, this Ordinance be presented by
title only. Carried by unanimous vote.
Ordinance No. 1612 (12/13/77-1), "AN ORDINANCE PURSUANT T0 LAND USE
CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-22-77, to rezone
property at 711 Palm Avenue [Assessor's Parcel No. 557-112-02] from
RM-1 [Residential Multiple] to CL [Limited Commercial]). Moved by
Camacho, seconded by Van Deventer, Ordinance No. 1612 (13/?3/7;-i)
be adopted. Carried by unanimous vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for ratification of
WARRANT REGISTER NO. 22 dated December 20, 1977 in the amount of
$66,3 98.11 (Warrant Nos. 60290 through 60349) was presented. Moved by
Camacho, seconded by Reid, this be approved. Carried, by the following
vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer, Morgan.
Nays: None.
The BOYS CLUB of National City's request to serve alcoholic beverages
in Kimball Community Building February 10 from the hours of 6:30 P.M.
to midnight in connection with their 26TH ANNUAL INSTALLATION AND
AWARDS BANQUET and all rental fees waived was presented. Moved by
Camacho, seconded by Van Deventer, this be approved. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer.
Nays: None. Abstain: Morgan.
The Director of Public Works' recommendation to APPROVE DRIVEWAY at
1335 East 17th Street, Hay (letter from Gary L. Hay, Civil Engineer
stating that due to the location of an existing house on the front
of the property, access to the proposed duplex at 1335 E. 17th can
only be by the existing driveway located adjacent to the easterly
12/20/77
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property line of the site;) was presented. Moved by Camacho, seconded
by Reid, this be approved. Carried by unanimous vote.
National City Municipal Employees Federal Credit Union's request to
renew temporary use permit for City property at 2101 Hoover Avenues
(The Director of Building and Housing's Agenda statement reads, the
Federal Credit Union has requested a 12-month renewal of the Temporary
Use Permit which authorizes the use of a mobile modular office building
on City property; the current Temporary Use Permit expires by limitation
December 31, 1977) was presented. Also attached to the Agenda was
a letter from the Credit Union requesting renewal of their lease, as
per terms of previous lease agreement. Moved by Reid, seconded by
Camacho, this be approved. Councilman Dalla asked if they knew they
have a.Temporary Use Permit or are they under the impression that
they are leasing this property and every year they will ask for an
addition to that lease? . . . and said "temporary" is not "in
perpetuity" and the last time this came up Council asked if they
intended on staying there for along time or what they were going to
do; there would have to be some very specific reasons for us to do
this for the public and we should expect the same kind of reasons
from the City employees. City Manager Gill suggested this be
continued to the next meeting. Moved by Camacho, seconded by
Van Devener, we table this until next Council meeting. Carried by
unanimous vote.
OTHER BUSIN
CITY MANAGER
City Mana er Gill stated a few weeks ago a concern was expressed about
the use o the sod from the Bonita Golf Course, he has a report from
the Park upervisor saying that the use of such bermuda sod is not
economics ly feasible for the City, it was not the type of thing that
was sold commercially anyway and it would be in the best interest of
the City xot to get involved in the sod removal process.
CITY ATTO NEY - No report.
OTHER STAFF - No report.
MAYOR - NO report.
CITY COUNCIL
COUNCILMAN REID reported on calls from some ladies who are perturbed
about the ceramics and tile classes at the Community Center; they
were told they are not residents of the City and are therefore not
qualified to use the facilities; he recommended the City Manager look
into this and add more programs to take care of this if people want
it. Councilman Van Deventer stated he agreed with the recommendation
because he found that a lot of people in the community are being
turned away from this particular program; once the people get involved,
they renew and it is hard for anyone new to get into the program the
way they have it set up.
COUNCILMAN DALLA wished everyone a Merry Christmas.
PLANNING COMMISSION - NOTICES OF DECISION
Planning Commission Resolution No. 94-77, approving application for
zone variance to allow a 4' x 4' double face multiple copy, roof -
mounted sign that will project 18 inches outward from the face of the
roof overhang at 107 E. 8th Street (Z-26-77). Moved by Reid, seconded
by Camacho, this be filed. Carried by unanimous vote.
12/20/77
38
Planning Commission Resolution No. 95-77, approving application for
Conditional Use Permit to allow an adult professional secretarial
training facility at 3423 Plaza Blvd. (CUP 1977-25). Moved by Dalia,
seconded by Camacho, this be appealed. There was discussion relative
to the schools starting out with 20-30 people and ending up with 95
people; the shopping center is empty now but what happens when they
have tenants in there; the building doesn't seem large enough to take
care of 30 people. Asst, City Planning Director Gunnarson stated the
Fize Department calculated the maximum occupancy would be 115; the
applicants have said that they only intend to have 25-40 students.
Motion to appeal carried, by the following vote, to -wit: Ayes:
Camacho, Dalia, Van Deventer. Nays: Reid. Abstain: Morgan.
There was discussion in regard to Council meetings on December 27, 1977,
and January 3, 1978. Moved by Camacho, seconded by Reid, we have a
meeting on the 27th of December. Motion failed, by the following
vote, to -wit: Ayes: Camacho, Reid. Nays: Dalla, Van Deventer,
Morgan. Moved by Dalla, seconded by Van Deventer, we adjourn to
January 3rd, 1978. Carried, by the following vote, ti-wit: Ayes:
Dalla, Van Deventer, Morgan. Nays: Camacho, Reid.
Moved by Camacho, seconded by Reid, the meeting be closed. Carried
by unanimous vote. The meeting closed at 8:30 P.M.
7-1-1.L.-&—
CITY CLER
CITY OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council of the City of
National City, California at the regular meeting of January 10, 1978.
Corrections
a No corrections
CITY OF NATIONAL CITY, CALIFORNIA
12/20/77