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HomeMy WebLinkAbout1974 11-26 CC MIN89 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 26, 1974 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, Reid, Morgan. Absent: Pinson. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, McLean, Asst. to the City Manager Trowbridge. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier followed with invocation by Miss Irene Tilling, First United Methodist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of November 19, 1974 be approved. Carried by unanimous vote. Absent: Pinson. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation in support of American Prisoners of War Missing in Action in Southeast Asia. Moved by Reid, seconded by Dalla, this proclamation be adopted. Carried by unanimous vote. Absent: Pinson. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS JANICE CLIFTON, National City's Junior Miss of 1974, 1235 "K" Ave., was present and invited everyone to the 1975 Junior Miss Pageant on December 4th, 7:30 p.m. Wednesday night, at the Music Building, Sweetwater High School. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, the resolutions be presented to Council by title only. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,624, "RESOLUTION ORDERING WORK (La Siesta Way from 18th Street to 20th Street, Assessment District No. 182)." Moved by Reid, seconded by Dalla, Resolution No. 11,624 be adopted. Carried by unanimous vote. Absent: Pinson. RESOLUTION NO. 11,625, "RESOLUTION ADOPTING WAGE SCALE (La Siesta Way from 18th Street to 20th Street, Assessment District No. 182)." Moved by Reid, seconded by Camacho, Resolution No. 11,625 be adopted. Carried by unanimous vote. Absent: Pinson. (Resolution No. 11,626, "Resolution Authorizing Capital Outlay Fund Expenditure (F. H. Barth Company, Inc., for Undergrounding Fire Alarm System)." listed on the agenda was not presented.] RESOLUTION NO. 11,627, "RESOLUTION AUTHORIZING EXECUTION OF FORMAL PROPOSAL BETWEEN THE CITY OF NATIONAL CITY AND CALIFORNIA DEPARTMENT OF TRANSPORTATION (Excess Parcel of Property Adjacent to El Toyon Park)." Moved by Dalla, seconded by Reid, Resolution No. 11,627 be adopted. Carried by unanimous vote. Absent: Pinson. 11/26/74 90 RESOLUTION NO. 11,628, "RESOLUTION OF THE CITY OF NATIONAL CITY OF INTENTION TO SRt.r. REAL PROPERTY AND DIRECTING PUBLICATION OF NOTICE TO BIDDERS INVITING BIDS FOR SAID PROPERTY." Moved by Camacho, seconded by Reid, Resolution No. 11,623 be adopted. Carried by unanimous vote. Absent: Pinson. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, Ordinances be presented to Council for first reading by title only. Carried by unanimous vote. Absent: Pinson. Ordinance No. 11/26/74-1, "An Ordinance Rezoning Certain Real Property from R-4-PD to R-1-S Zone and Ordinance as an Interim Zoning. Ordinance and Adopting said Ordinance as an Urgency Ordinance." City Attorney McLean said this relates to property that is the subject of a tentative map application (Bonita Greens); it was his advice to the Planning Director there was no basis to refuse to approve the map unless the Council rezoned the property to the proposed R-1-S-1 Zone which will require minimum lot (size) of 10,000 sq. ft. with a 60-ft. frontage; if the Council does desire to adopt this ordinance, Council should do so now as an urgency ordinance on the grounds set forth which is that there is pending use for the property that is inconsistent with the General Plan. Moved by Dalla, seconded by Camacho, Ordinance No. 11/26/74-1 be adopted. Failed by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Reid. Absent: Pinson. City Attorney McLean said the ordinance cannot be adopted as an urgency ordinance in the absence of a four -fifths vote; therefore, the ruling on the ordi- nance is the introduction (and first reading) of the ordinance for normal purposes. Ordinance No. 11/19/74-2, "An Ordinance of the City of National City, California, Amending the Uniform Building Code, Volume I, 1973 Edition Relating to the Expiration of Building Permits." ADOPTION OF ORDINANCE Moved by Camacho, seconded by Reid, this Ordinance be presented to Council for second reading by title only. Carried by unanimous vote. Absent: Pinson. ORDINANCE NO. 1449 (11A9144-1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING ORDINANCE NO. 1324 RELATING TO THE ADVISORY AND APPEALS BOARD." Moved by Camacho, seconded by Reid, Ordinance No. 1449 (11/19/44-2) be adopted. Carried by unanimous vote. Absent: Pinson. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Park Retirement Gas Tax 2106 Revenue Sharing Sewer were presented: $113,278.03 6,7 22.98 1,599.11 779.81 10,113.74 622.00 350.09 Total $133, 465. 7 6 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. 11/26/74 91 The PAYROLL for the period ending November 159 1974 in the amount of $142,535.03 was presented. Moved by Reid, seconded by Camacho, the Payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. UNFINISHED BUSINESS Communication from Bird, Fujimoto & Fish, Architects, requesting approval of attached CHANGE ORDER NO. 2 for PUBLIC WORKS CENTER project was presented. Councilman Reid asked if this is in order. City Manager Bourcier said it is. Moved by Reid, seconded by Camacho, Change Order No. 2 be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. NEW BUSINESS CONSENT CALENDAR item la was presented. a. Request by IVA G. NORMAN, Finance Department, to retire from City employment effective February 1, 1975 was presented. Moved by Camacho, seconded by Reid, this be (approved and) filed and Mrs•Normanbei---2a12-----LY------Iowledraentforthemanearsshe has worked for the City. Carried by unanimous vote. Absent: Pinson. Letter from Attorney Paul D. Marks stating the judge DENIED petition for WRIT OF MANDATE in Green vs. National City and that the City may now proceed with installation on left turn slots and RED CURBING at the 8th Street and Highland Avenue Intersection was presented. Moved by Reid, seconded by Dalla, this be accepted and the City Manager carry it out. Mayor Morgan suggested the Council consider deferring this action on the left turn until the freeway (1-805) opens sometime in June; that is 6 months away; if the traffic gets bad, the Council could go ahead. Motion failed by the following vote, to -wit: Ayes: Dalla, Reid. Nays; Camacho, Morgan. Absent: Pinson. Councilman Dana's recommendations regarding FIRE HYDRANT location IDENTIFICATION: (a) City Manager be instructed to develop workable program for installation of blue dot markers at hydrant locations; and (b) Resolution be adopted urging all cities in County and zone chiefs to develop uniform program of fire hydrant location and Fire Chief be directed to pursue this at appropriate levels was presented. Memos from the Fire Chief and Asst. City Manager were also presented. Moved by Camacho, seconded by Morgan, this be referred to the City Manager for a report on the cost. City Manager Bourcier said he will report on the cost to implement this program so Council will be aware of the cost prior to voting. Carried by unanimous vote. Absent: Pinson. Redevelopment Agency's request for execution of QUITCLAIM DEED of any remaining City interest in RIGHTS -OF -WAY for public street purposes interior to the private development parcels within the E. J. CHRISTMAN REDEVELOPMENT PROJECT and the City Manager's recommendation the request be granted were approved. Moved by Reid, seconded by Camacho, this request by the Redevelopment Director be approved. Carried by unani- mous vote. Absent: Pinson. STEP INCREASE for eligible employee recommended by Department Head and approved by the City Manager (DON L. ROSE, Planning Department) was presented. Moved by Camacho, seconded by Reid, in favor of the Planning Department's recommendation. Carried by unanimous vote. Absent: Pinson. Request by J. M. MOORE, 1929 Prospect Street, for refund of $100 PERFORMANCE BOND and notation by Engineering that final inspection was okay were presented. Moved by Camacho, seconded by Reid, this be approved. Carried by unanimous vote. Absent: Pinson. 11/26/74 92 Request by SOUTH BAY COURT COMPLEX COMMITTEE that Council endorse recom- mendation that South County Court Complex be built in area bounded by 1-5 on the west, Highway S54 or 30th St. (National City) on the north, a line approximately two miles east of 1-805 on the east, and "L" St. (Chula Vista) on the south and notice of such endorsement be given the County Law & Justice Agency Coordinator prior to December 5, 1974 was presented. City Manager Bourcier recommended approval. There was discussion. Moved by Camacho, seconded by Reid, in favor of this recommendation. Carried by unanimous vote. Absent: Pinson. REPORTS CITY MANAGER BOURCIER said the CAA Youth Program has requested the use of folding chairs belonging to the City; he had determined the City has approximately 100 chairs at the Public Works Yard in a very rusted condition and need refinishing; it would be impossible for the City crews to do this; he recommended these chairs be donated to the CAA Youth Program. Moved by Camacho, seconded by Reid, in favor of the City ManaRer's recommendation. Carried by unanimous vote. Absent: Pinson. CITY MANAGER BOURCIER announced the City's CHRISTMAS DECORATIONS will be up on 12th Street December 9th. The Planning Department transmittal stating the Planning Commission recommended Council make the findings for proposed SUBDIVISION MAP, BONITA GREENS, 3700-3800 block Sweetwater Road, south side (Calmoor Homes, Inc.), in accordance with Section 11549.5 of the California Subdivision Map Act and that the subdivision be approved subject to conditions recommended by staff was presented. Planning Director Gerschler said Council has the applicant's letter asking for a contin- uance of this case; he would recommend the continuance be granted. MORGAN GILMAN, 5328 Bragg, San Diego, representing Calmoor Homes, Inc., was present and withdrew the request for continuance. Planning Director Gerschler said, in that case, he would recommend Council deny the subdivision map on the grounds that it is inconsistent with the General Plan. Moved by Morgan, seconded by Camacho, to approve the Planning Director's recommendation to deny the subdivision map on the basis it is inconsistent with the General Plan. Mr. Gilman asked how this was inconsistent with the General Plan? the Environmental Report that was adopted by the Planning Commission stated as one of the findings that it was consistent. Planning Director Gerschler said he would prepare a detailed report. Mr. Gilman asked the Planning Director if he is making this recommendation based on insufficient evidence? City Attorney McLean advised Mr. Gerschler not to answer this question. Mr. McLean said the recommendation of the Director of Planning as just stated...is that Council not approve the tentative map on the grounds that, in his opinion, it is not consistent with the General Plan; that was his report and that is the basis for the motion. Mr. Gilman asked if the Council is considering the Planning Commission's findings which were that it was consistent and that the Planning Director did in fact, speak in favor of the plan at the Planning Commission meeting. City Attorney McLean said Council has a copy of the report of the action taken at the Planning Commission meeting; it says whatever it says; it is personal.in the sense that Mr. Gerschler is speaking as the Director of Planning. Mr. Gilman said in his opinion it is consistent with the General Plan; Council passed an emergency zoning ordinance making this one unit per lot; the General Plan was adopted with that on it; this does conform with that urgency zoning ordinance; this does conform with the General Plan and it has conformed since they submitted it; to zone this R-1-S-1 as was proposed earlier is in effect a denial of the right to have this property developed; on a legal basis and as a practical matter, he does not believe the property can be developed that way; he wrote to Council requesting he be allowed to study the effect of the ordinance on the property; he felt that as long as they have worked with staff on this property, Council might like to hear how that would 11/W74 93 affect it; in studying this --they only have 100-ft. depth on most of the lots --if you go to a 10,000 sq. ft. lot, this would increase the frontage by not 50 to 60-ft. but 50 to 100-ft.; for every lot that has 100-ft. frontage, one lot is lost; they feel the density reduction would be cut about half; they cannot make the project work economi- cally; this may not be Council's consideration; it would be very difficult to sell houses in the $55,000 to $65,000 price range in this area due to the development of the surrounding area. There was dis- cussion. Mr. Gilman said...the housing industry is in a slump; the requirements of lenders are undergoing changes; people are going to have to spend a greater portion of their income for housing; a larger lot does not insure that the house on the lot is going to be any nicer; it means that the builder cannot afford to give the buyer as much house because they can't afford to buy it. Planning Director Gerschler clarified his recommendation for the record: Section 11549.5 of the California Subdivision Map Act says that the governing body of the City or County shall deny approval of a final or tentative subdivision map if it makes any of the following findings (there are specific findings listed); staff report (dated October 28, 1974) forwarded to the City Council and Mr. Gilman states that the proposed map is not consistent with applicable General and specific plans; the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; the site is not physically suitable for this type of development; the site is not physically suitable for the proposed density of the development; the design of the subdivision or the proposed improvements are likely to cause sub- stantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; the design of the subdivision or the type of improvements is likely to cause serious public health problems (absence of a complete storm drainage system). There was discussion. Mr. Gilman said the passage of the emergency zoning ordinance calling for one unit per lot precluded the cluster type plan that Mr. Kantor submitted which was approved; ...he has been working on this project for almost one year and hopes Council will vote on it tonight; time is money and they cannot make a career out of working on this design; they have gone as far as they can go; they cannot do the R-1-S-1; they would like to know now whether or not they will be allowed to go ahead; they have submitted their best efforts; the property is now owned by a partnership; they have a contract of sale subject to approval of the subdivision map. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Reid. Absent: Pinson. HEARINGS The CONTINUED HEARING to consider an amendment to the ZONING MAP of National City to rezone from C-2-.PD (Limited Commercial Planned Development) to R-4-PD (Residential Planned Development) a portion of the property located at 3700-3800 Sweetwater Road, south side (ZC-8-74, Dwain S. Kantor) was held at this time. The Planning Department transmittal stating the Planning Commission recommended approval and a letter from Dr. Edwin W. Reiner stating that no change in zoning should be effected until there is clarification of what is to be done with the shopping center proposal were presented. Planning Director Gerschler said this zoning change, as he understands it, was to accommodate the subdivision map that was just denied; it was a re- adjustment of the boundaries between the commercial and the residential parts of the property; because of the action on the subdivision map, it would be his recommendation Council either deny the zone change without prejudice, refile it when they are ready or to refer it back to the Planning Commission for a report on these latest developments; he feels the second choice would be the best. MORGAN GILMAN, 5328 Bragg, San Diego, was present and said it could be withdrawn by Mr. Kantor because obviously there is no tie-in now; he has no objec- tions. No one else was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and this be referred back to the Planning Commission. Carried by unanimous vote. Absent: Pinson. 11/26/74 4 94 COUNCIL COMMUNICATIONS COUNCILMAN REID inquired if groups collecting money to fight city projects are subject to public disclosure laws. City Attorney McLean said they have to report if they fall within the purview of the political activities laws. In answer to the Mayor's question, Council- man Reid said he was talking about the Bonita people. Moved by Reid, seconded by Morgan, to authorize theCijyAttorney to check this and dive Council a rulinQ. Carried by unanimous vote. Absent: Pinson. MAYOR MORGAN said, since Councilman Reid brought this up, this City -- we are not going into a lawsuit thinking we will be beaten but should the City lose on this --these people live on the outside of the City of National City the City figures on making $1-million dollars extra yearly from that shopping center; the center will last from 50 to 100 years; could the City bring suit against the people behind this? say for $50 to $100 million? City Attorney McLean said he will have to study this. Mayor Morgan asked the City Attorney to study this; he would like to have an answer. MAYOR MORGAN asked City Engineer Hoffland if he has discussed the status of the 1911 Act on "J" and 28th with Mr. Winchester. Mr. Hoff - land said the 28th Street and "J" Avenue project was Council initiated; they do not have a petition on the project now; Mr. Winchester feels there is some doubt whether there is support for a 1911 Act and suggested that they talk with wore property owners and get a better feel for whether or not a petition would be successful. Mayor Morgan said it has been his policy since 1965 that when there is a 1911 Act ready he sits down to have a chat with the people and explain together with Mr. Onley the maps and costs and plans; if staff goes ahead with this, he will notify the property owners and talk to them. Mr. Hoffland said he thinks Mr. Winchester would help organize such a meeting, Mayor Morgan asked the City Engineer to get the cost and everything ready. MAYOR MORGAN spoke of the need for a court where the judge will sit down and chat with the mothers and fathers and children; this is the way it has been ever since National City was organized; there has always been a Justice Court in National City...and suggested Council ask Assemblyman Deddeh to pass a law where eliminating an existing Justice Court would require approval of the City Council of the City they represent. City Attorney McLean said a lot of time was spent trying to figure out how to keep the court in National City; the best judgment on this was that we could not preserve the court here -- politically, it is not feasible; the best thing the City Council could do was to sponsor the State legislation that would create the South Bay Judicial District and to sponsor the constitutional amendment that would allow the inclusion of a part of San Diego in that District so it would be large enough to support a full court facility; this has been done; the constitutional amendment passed and the State bill passed; so, now you have a South Bay Court; the Mayor is talking about the type of people who get appointed to the bench; one of the main reasons why the people of the South Bay wanted to have a South Bay District is to have some say over the bench and the attitude of the members of the bench toward the citizens; this has been accomplished, all this; the remaining step is for the City Council to have say over who gets appointed to these judgeships; that is a political question because the Governor makes these judicial appointments; what Council must do now is wait until Governor Brown takes office and talk to him and explain that there are special needs in the South Bay and a certain type of person is needed for the appointment to the bench; Govenor Brown or any other governor is not going to appoint anyone to the bench who does not have the attitude you are seeking... Mayor Morgan said he would contact the Governor in this regard. 11/26/74 95 Moved by Reid, seconded by Camacho, the meetin be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 8:18 p.m. City erk C ty of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of December 3, 1974. EZ(NO corrections 0 Corrections as noted below / Mayor, City o National City, California 11/26/74