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HomeMy WebLinkAbout1986 10-28 CC MINBook 67/Page 188 10/28/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 28, 1986 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by the Rev. Juan Acosta, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Waters, the minutes of the regular meeting of October 14, 1986 be approved. Carried by unanimous vote. PROCLAMATION Moved by VanDeventer, seconded by Cooper, the Proclamation be presented by title only. Carried by unanimous vote. The Proclamation declaring the month of November 1986 to be "INTERNATIONAL REACT MONTH 1986" was presented. Moved by VanDeventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Hap Arnold. PRESENTATION PERSONNEL Mayor Morgan presented a thirty year anniversary pin to Mr. Victor Hernandez, Street Maintenance Supervisor, Public Works Department, and said Mr. Hernandez has done an excellent job for the City. Mr. Hernandez said he was accepting the pin with mixed emotions; he has had some very good years with the City, but he has never seen the Council, administration and employees so widely split; the Council, administration and employees have done a wonderful job over the years to get this City where it is today. PUBLIC ORAL COMMUNICATIONS SURPLUS PROPERTY STEVE SCHWARTZ, 4026 Dove St., San Diego, was present to speak on the sale of surplus land. Mr. Schwartz was advised he could speak when this agenda item came up. CITY COUNCIL MARY LOUISE MARTIN, 1627 E. 15th St., was present and expressed her appreciation for having Kile Morgan as Mayor for all these years; over the past two years, Mayor Morgan has had continued opposition in almost every corner, yet he has never lost sight of the people of the City; she realizes he must leave and pursue other avenues of his life, but we will feel a great loss; she hopes things will continue as the Mayor his started them; she hopes the next Mayor and Council will join forces and give the people of National City the government they deserve. Mayor Morgan spoke of the City, the financial condition it was in when he was elected, and the things accomplished over the years, such as redevelopment, the Port District, the Plaza Bonita, the Mile of Cars, the seniors' towers, the industrial park, sewers, streets etc.; when the City didn't have any money to give raises to the employees, they never complained; when the City was down, the employees continued to do a wonderful job, and the bickering, and the way the employees have been treated over the past two years has hurt him; it takes every one of us to run the City; we all have to work together, and he is challenging the Council in the future to try to work together; it has been a pleasure for him to serve the employees and the people of National City; he will leave with some sadness because of the friction in the City. Book 67/Page 189 10/28/86 HIGHWAY/FREEWAY WARREN NIELSON was present to speak on Rte. 252, saying most people feel it is a closed issue, but he will not give up; the lawsuit he has filed in Federal Court has been appealed, and it will be appearing in Pasadena; San Diego is willing to spend $3.4 million to purchase the corridor, spend $3.7 million to deal with street problems in National City, and they are also willing to spend $9 million to deal with the streets in San Diego; they are willing to spend $13 million on streets because they are not going through with the connector; he was told by the California Transportation Commission that the only way we can win on this is to have a ballot referendum; the City of San Diego refuses to recognize the need for this connector, and therefore it seems that the only recourse we have is to start a referendum which is a costly process; the Rev. George Walker Smith told him that he felt the Market St. people will succeed in getting the issue on the renaming of Market St. on the ballot; a poll taken in San Diego shows that there is support for a connector being named in honor of Dr. Martin Luther King; his attorney has told him that it will cost another $1500 to continue his lawsuit to Pasadena; he doesn't know if he should continue with the struggle, or perhaps the City of National City could take up the cause and carry it forward on the Federal level. City Attorney Eiser said Council authorized him to initiate a suit in the State Court, and he feels that will be adequate for the City's purposes. PUBLIC HEARINGS CONDITIONAL USE PERMIT — ALCOHOLIC BEV LICENSE — CONFLICT OF INTEREST 1. SUBJECT: Continued Public Hearing — Appeal of Planning Commission Denial of Application for Conditional Use Permit to allow additional hours for the sale of alcoholic beverages and to permit live entertainment and dancing as an incidental use to a restaurant at 105 East Eighth Street (Applicant: Michael Dini, Case File No. CUP-1986-10). RECOMMENDATION: The Planning Commission recommended denial and staff concurs with the Planning Com mission's denial. TESTIMONY: Ermina Schmidt, 716 "B" Ave. (Her house is on the alley facing McDini's parking lot; she was surprised that more of her neighbors did not receive notices of the Planning Commission hearing; a few more of them received notices for the hearing on October 14; the Planning Commission seems to have investigated this thoroughly; she gets a lot of graffiti on her garage door; she is almost 70 years old and it is not easy living next to Mc Dini's.) Michael Arellano, 536 Grenados, Solana Beach (They have been in this area since 1954, and they want to be good neighbors; none of the neighbors have ever complained to them personally; they have never been notified by the Police Dept. that there was a problem; they want lounge entertainment, no dancing, no loud music; they would have a uniformed guard when they are open late; the Police Dept. has approved their application; they would improve their lighting, and they would be under quarterly review; they can be good neighbors.) Mary Louise Martin, 1527 E. 15th St. (She is opposed to McDini's staying open until 2:00 a.m.; they said before that there would be a guard at night, but did not live up to that; Mrs. Smith has made contact with them; the noise starts at 9:30 p.m.; they are not telling the City what kind of live entertainment they plan to have.) Michael Dini, 2026 Glasco, Cardiff by the Sea (The entertainment would be folk music, jazz, oldies but goodies; they are not thinking about acid rock entertainment; on the nights they have entertainment, the security guard would be on duty from 7:00 p.m. until 2:00 a.m.; he understands that one of the conditions of the C U P would be if they have any entertainment that is not approved by the City, the CUP could be revoked.) ACTION: Moved by VanDeventer, seconded by Cooper, the public hearing be closed, the CUP be approved with a condition that entertainment cease at 12:00 p.m. instead of 2:00 a.m., and all other conditions of the Police Dept. (A uniformed guard to be on duty from 7:00 p.m. until 2:00 a.m.; increased exterior lighting in the parking lot; food service until 12:00 midnight on any night they have live entertainment; CUP can be revoked at any time there is an increase of 10% in police service; entertainment shall stop at 12:00.). Mayor Morgan said he owns the Standard Station at 8th & Roosevelt, and he would abstain. Book 67/Page 190 10/28/86 TESTIMONY: Ermina Schmidt (This does not solve the problem of car doors slam ming at 2:00 a.m.; it doesn't always bother her, but at times it does.) ACTION: Motion carried by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters. Nays: Dalla. Abstaining: Morgan. ZONING — MUNI CODE 2. SUBJECT: Continued Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code to permit the sale of non —automotive products in gasoline service stations (Case File No. A-2-86). RECOMMENDATION: Planning Director Post said there are three options for Council consideration: 1. Allow mini —markets; 2. Allow sale of items for immediate consumption; 3. Allow non —automotive items to be sold in vending machines only. The Planning Commission recommends alternative No. 1, allowing mini —markets and staff concurs. ACTION: Moved by Cooper, the public hearing be closed, and item No. 1, allowing mini —markets be approved. Motion died for lack of second. Moved by VanDeventer, seconded by Dalla, the public hearing be closed and item No. 2, allowing the sale of items for immediate consumption, be approved. Carried, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: Cooper. CONDITIONAL USE PERMIT — PLANNED DEVELOPMENT — CONFLICT OF INTEREST 3. SUBJECT: Public Hearing — Applications for Conditional Use Permit No. 1986- 08 and Planned Development Permit No. 5-86 to allow construction of a 54—unit motel and restaurant on property located within the 1600 block of Plaza Blvd., Southside, 150 feet East of Palm Avenue (Applicant: Lucky 8, A California General Partnership, Case File Nos. PD-5-86/CUP-1986-08 and 16/IS-86-22). RECOMMENDATION: The Planning Commission failed to approve or deny this application; staff recommends denial. CONFLICT OF INTEREST: Mayor Morgan said this property is close to Jim my's restaurant which he owns, so he will abstain. TESTIMONY: Alfred Hlawatsch (attorney for applicant), 905 E. 13th St. (Each one of the people who protested, is protesting a 70—unit motel, and the application is for a 54—unit motel and restaurant; the Planning Com mission ordered the applicant to re —design their project to make it smaller, and add more amenities, and therefore the protests are not applicable; these protest letters indicate that the people are giving up on National City, that after the last motel was built, the City peaked out; he feels that the gentleman who owns the Pacific Inn is the one who is most concerned; he believes that his motel will be hidden by the restaurant, but a three—story, 70—unit motel cannot be hidden by a one— story restaurant; the one objection he believes has some thought behind it is the concern about an additional driveway onto Plaza Blvd.; Council is being asked to deny a property owner access to a public street, and he is not sure that is legal; Lucky 8 is proposing a conference room, a gymnasium, a swimming pool, laundry rooms and room service; the alternative is bare dirt and no development; the restaurant will benefit all three of the motels in the immediate area.) Planning Director Post said several years ago when the Best Pacific Inn was applied for, there was an outline shown for this expansion area; the Planning Commission and Council made it clear they were not approving the expansion area; it would require another Planned Development Permit. Ronald Davis (architect), 2445 Juan St. (He designed the Best Pacific Motel, the Quality Inn and the Sweetwater Inn; the quality of the proposed motel will be equal to the best he has done so far; he has been asked by the City of National City to bid on a couple of their projects. Mr. Davis displayed a rendering of the proposed project.) Jerry Scullerud (CPA), 3104 5th Ave., San Diego (During prior meetings regarding this motel development, the owners heard criticism of the project from other speakers, but they sought independent verification to determine if the com ments were generalizations by no —growth proponents, or if they were based on objective facts; the owners contracted to have a feasibility study done last March; they also secured a copy of a feasibility study done last August for the Community Development Commission with regard to the 8th St. redevelopm ent, which contained a section on the Book 67/Page 191 10/28/86 motel industry in National City; they also obtained statistics from the National City Chamber of Commerce; this research indicates that this project will be a healthy, economic contribution to the business com munity of National City; both feasibility studies reflect a current motel occupancy rate in National City of approximately 85%; one of the studies which did a projection into the future indicated that by 1988, the occupancy level will reach approximately 99%; when the Convention Center is completed, the demand for hotel rooms is expected to spill over into National City; the owners have contacted Best Western Motels with the idea of having a franchise and the response has been positive; they expect 65-70% occupancy.) John Leffert (civil engineer), 8929 Complex Dr., San Diego (One of the criticisms presented by staff was circulation; this project calls for access between the two parcels; he met with the owner of the Best Pacific Hotel and asked if he would concur to provide access between the two parcels, and he said he did not want the circulation; the site plan has been designed, and if they can work out this detail, it can be provided with no change to the site plan; Resolution No. 14,178 states "this application is approved subject to the following conditions: ...2. Development of parcel 2 shall consist of one three—story, 54—unit motel addition, with a 70—unit motel building on parcel one, and shall be subject to approval of a separate Planned Development Permit") Shi Kai Yau, representing Lucky 8 partnership (They can review their plan and try to conform as much as they can; the restaurant will not block Best Pacific or the visibility of the office; he understands the City would like to have high —quality hotels and he thinks this project would benefit the City. Mayor Morgan called a recess at 8:47 p.m. Council reconvened at 8:55 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. TESTIM ONY (Cont'd.): Frederick Smith, 1357 7th Ave., San Diego (He is retained to do marketing and sales for Best Pacific Inn; Alcoholics Anonymous dropped San Diego as the site for their convention in 1990 due to delays in the convention center; it would have been a direct boost to National City; the Cattleman's Assoc. convention for 1989 was also dropped; with the over —inventory of hotel rooms, we cannot fill them.) ? ? , General Manager, Best Pacific Inn, (85% motel occupancy is unheard of in National City; if Best Pacific Inn had this percentage occupancy, they would not be protesting this; there is in excess of 350 budget motel rooms already available within a 4-5 block area of Palm and Plaza Blvd.; Best Western is not looking for any more Best Western properties in the San Diego area; he cannot convince people to use the conference room at Best Pacific; he would request no parking be allowed on Palm between Plaza and 14th St. for safety reasons; he urges Council to deny this application.) Dorothy Pabst, 10775 Atrium (She owns and operates the Quality Inn at 1645 Plaza Blvd., and she works at the motel, sometimes seven days per week; a motel needs a driveway that can go in and out so you can see who is at your motel; she needs the corporate business; if she is surrounded by budget motels that offer a low price, it will draw in a lower class of people; she does a successful business, but the demand is not as great as she had hoped it would be.) Ronald L. Colter, 1410 Palm Ave. (His property overlooks this property, and there is a lot of traffic, related fights and vandalism in this area; we need progress, but we are creating a hotel ghetto.) Roy ? , 1478 1st Ave., Chula Vista (He is one of the partners in the Sweetwater Inn; what has been said in opposition of this project is correct; National City has built too many motels, and they are all in trouble.) John Canelli, Manager, Ha Penny Inn (Mr. Canelli distributed copies of a study done in November, 1985; the study indicates that any further motel additions in the So. Bay area would cause rates to decline; last month, as Book 67/Page 192 10/28/86 compared to 1984, their occupancy was down 16.7%; if we continue to increase motels, we will have a rate war; if the City wants another motel, it should be put in another part of town.) Tad ? , 1475 1st Ave., Chula Vista (He is the manager and operator of the Sweetwater Inn; he believes in competition, but we are not dealing with a product, but a service.) Alfred Hlawatsch (The Pacific Inn is listed on the real estate market for $3 million, the present loan $1.8 million; the listing states there is a proposal to build a restaurant next to it; he is being inconsistent.) ? ? , Manager, Best Pacific Inn (He has not had one offer for the motel in the past six months; the price includes the finance cost of $2,675 thousand; he would not be making any money; the mortgage is $2,060,000.) ACTION: Moved by VanDeventer, seconded by Waters, this be held over for two weeks, and staff to arrange for a traffic study, to be paid for by the applicant, but administered and supervised by staff. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,110 through 15,114) Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Vice Mayor Cooper and Mayor Morgan requested No. 4 be considered separately. Moved by Dalla, seconded by Waters, the Consent Resolutions (except No. 4) be adopted. Carried by unanimous vote. SIGNS 5. Resolution No. 15,111, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REQUEST BY THE SOUTH COUNTY REGIONAL MEDICAL CENTER ASSOCIATION TO LOCATE DIRECTIONAL, IDENTIFICATION SIGNS WITHIN THE PUBLIC RIGHT—OF—WAY (APPLICANT: CHARLES CHENEWETH, PRESIDENT, SOUTH COUNTY REGIONAL MEDICAL CENTER ASSOCIATION, CASE FILE NO." Adopted. See above. SIGNS 6. Resolution No. 15,112, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING POLICY GUIDELINES AND DESIGN CRITERIA FOR APPROVAL OF DIRECTIONAL, IDENTIFICATION SIGNS IN THE PUBLIC RIGHT—OF—WAY." Adopted. See above. STREET/EUCLID AVE. 7. Resolution No. 15,113, "A RESOLUTION AWARDING A CONTRACT FOR C.I.P. PROJECT NO. 6043, EUCLID AVENUE, 16TH TO 20 STREETS." Adopted. See above. CITY FACILITY 8. Resolution No. 15,114, "A RESOLUTION ACCEPTING WORK AND AUTHORIZING MODIFICATION OF CITY OF NATIONAL CITY FACILITIES FOR HANDICAPPED ACCESS (ENGINEERING SPECIFICATION NO. 982)." Adopted. See above. CITY FACILITY/LIBRARY 4. Resolution No. 15,110, "A RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR REMODELING AND ADDITION AT NATIONAL CITY PUBLIC LIBRARY (ENGINEERING SPECIFICATION NO. 964)." Moved by Waters, seconded by VanDeventer, Resolution No. 15,110 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Cooper, Morgan. ADOPTION OF RESOLUTION (NOT PART OF THE CONSENT AGENDA) Moved by Dalla, seconded by VanDeventer, the Resolution be presented by title only. Carried by unanimous vote. PERSONNEL LABOR REL 9. Resolution No. 15,115, "A Resolution approving Fiscal Year 1986-87 Compensation Plans for Executive, Mid —Management and Confidential Employees." ACTION: Moved by Waters, seconded by Dalla, Resolution No. 15,115 be adopted. Book 67/Page 193 10/28/86 TESTIMONY: Tom Doyle, Attorney for NCMEA, 3111 Camino Del Rio North (The MEA was denied retroactivity; on July 1, the City's offer to the MEA was zero; the City's first offer above zero increase was July 7, and was 2.5%; in mid —July, our proposal was 5%, but the City wouldn't accept it; the City didn't offer 5% until the end of August; it would be appropriate for Council to grant retroactivity to the Confidential, mid — management, and management employees; the City's chief negotiator is mid —management, but the employees who were at the negotiating table were denied retroactivity; it would be appropriate to grant retroactivity to the MEA as well; it would go a long way toward bringing peace and harmony to the City; we need to get working together again; it was not the employees' fault that they were denied retroactivity; the City never offered them the money.) ACTION: Moved by Morgan, seconded by Waters, we amend the motion to include all employees back to July 1. Asst. to the City Manager/Personnel said this does not automatically result in July 1 salary increases for managers and mid —managers; this action would increase the bands; the confidential employees would be effective July 1, but the executives and mid —managers are not guaranteed any salary increase by this action. Councilman VanDeventer said that motion cannot be made by the Mayor because he did not vote on the prevailing side. Moved by VanDeventer, the motion be amended so that all employees, including City Manager, City Attorney, City Clerk, mid —management, Executives and confidential employees be given a 5.9% increase, retroactive to July 1, and in January, the City Manager come back with a recommendation for a study by an outside firm to come up with a fair recommendation to move forward. Mayor Morgan said he would second that amendment if he could understand it, and inquired if that would include all the employees. Mr. Van Deventer said that would include all the employees we haye on the board right now (Executives, mid —management, confidential), plus the City Manager, City Attorney and City Clerk. Moved by Waters, seconded by Morgan, we amend the motion and give a total of 8.6% to all employees, and make it retroactive back to July 1. Councilman Dalla said unless someone who voted against retroactivity makes the motion, the motion cannot be made. Vice Mayor Cooper said he would make the motion. Moved by VanDeventer, seconded by Cooper, we give everybody 5.9% retroactive to July 1, and bring the whole issue back in January, and we have an independent person, through the direction of the City Manager, do the dealings for the City's side and come back with a study. Mr. VanDeventer said this would only include the groups included in this Resolution (Executives, mid —management and confidential employees). Vice Mayor Cooper withdrew his second. Moved by Dalla, we approve a compensation plan for Executive, mid —management and confidential employees of 5.9% and we come back in January with a study dealing with those in the bargaining group. Motion died for lack of second. Moved by Cooper, seconded by Morgan, we give mid —management, Executive and confidential employees 5.9%, retroactive to July 1, and include in that retroactivity for the MEA. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. TESTIM ONY: Patricia Monday, President, NCMEA (On behalf of the MEA she would like to thank those members of the City Council who have listened to the employees and taken into consideration their position and their needs; the MEA does want labor peace, and appreciates Council's support.) Mayor Morgan called a recess at 10:40 p.m. Council reconvened at 10:45 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ORDINANCE FOR ADOPTION Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. Book 67/Page 194 10/28/86 ZONING 10. Ordinance No. 1896, "An Ordinance rezoning certain parcels of real property pursuant to the Land Use Code of the City of National City (GP-3-86/ZC-4-86)." Moved by Cooper, seconded by Waters, Ordinance No. 1896 be adopted. Carried by unanimous vote. OLD BUSINESS 11. SUBJECT: Letter from Supervisor Brian P. Bilbray, Vice Chairman, Board of Supervisors, requesting support for Dennis Conner's America's Cup Challenge. RECOMMENDATION: City Manager McCabe said Council has three choices: 1. Council could provide a $250 stipend from it's contribution account, or provide a larger amount from that same account; 2. Council could fund it from the non —departmental budget; 3. Council could fund this from unappropriated reserves. ACTION: Moved by Morgan, seconded by Van Deventer, we donate $1,000 from the non —departmental budget. Carried, by the following vote, to — wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. NEW BUSINESS FINANCE MGMT 12. SUBJECT: WARRANT REGISTER NO. 16, Ratification of Demands in the amount of $288,126.44 (Warrants Nos. 93975 through 94063). RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. CLAIMS/LITIGATION 13. SUBJECT: Claim for Damages of Vicki Ann Cruz, and 14. Claim for Damages of Gloria Santos. RECOMMENDATION: Staff recommends these claims be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, these claims be denied and referred to the City Attorney. Carried by unanimous vote. ALCOHOLIC BEV LICENSE 15. SUBJECT: Person Transfer of Type 41 on sale beer and wine license, authorizing the sale of beer and wine for consumption on a bona fide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold; Applicant: Kathryn H. Starr, 2837 Highland Avenue dba The Curry Pot. RECOM MENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Waters, seconded by Cooper, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS 16. SUBJECT: Letter from Paradise Valley Hospital regarding the "1986 Medi—Cal Contract Rate Adjustment Proposal". RECOMMENDATION: None. TESTIM ONY: Larry Zumstein, Vice President, Finance, Paradise Valley Hospital (He has met with each of the Councilman to discuss the Medi— CaI contract proposal that Paradise Valley is currently going under with the State of California Dept. of Health Services; they are asking for support from the City to get an increase in their Medi—Cal rate. Resolution No. 15,116, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE REQUEST OF PARADISE VALLEY HOSPITAL FOR AN ADJUSTMENT IN IT'S MEDI—CAL CONTRACT RATE." Moved by Waters, seconded by VanDeventer, the Resolution be read by title only. Carried by unanimous vote. City Attorney Eiser read the Resolution by title. Moved by Cooper, seconded by Van Deventer, Resolution No. 15,116 be adopted. Carried by unanimous vote. BUDGET FY86-87 17. SUBJECT: Request for Donation from the California Vietnam Veterans Memorial Fund. Book 67/Page 195 10/28/86 RECOMMENDATION: None. ACTION: Moved by Waters, in favor of a $250 donation. Motion died for lack of second. Moved by VanDeventer, seconded by Cooper, in favor of a $1,000 donation. Carried by unanimous vote. OTHER BUSINESS FLOOD CONTROL 18. SUBJECT: Report on C.I.P. Project No. 7032 — (drainage problem) Terry Lane East of "R" Avenue. RECOMMENDATION: Staff recommends Council allow staff to proceed with Alternative "C" (...consists of conveying gravity flow across Mr. Pasimio's property by means of a 12" RCP to the southern boundary of the property. At this location a sump structure would be installed with a pump which would convey the water to public right—of—way near the Terry Lane cul—de—sac; from this point drainage would flow along the street gutters to 8th St. The cost for this alternative is $15,000.) ACTION: Moved by Van Deventer, seconded by Cooper, in favor of Option "C". Carried by unanimous vote. PARKING/TRAFFIC 19. SUBJECT: Report on Left Turn Lane for South Bound Traffic in Highland Avenue. RECOMMENDATION: Staff recommends the configuration on Exhibit "C" (See Exhibit "A" attached) be approved. ACTION: Moved by VanDeventer, seconded by Morgan, in favor of "C". Carried by unanimous vote. PROPERTY ABATEMENT 20. SUBJECT: Progress Report on Abandoned Vehicle Moratorium. RECOMMENDATION: Staff recommends the report be filed. ACTION: Moved by VanDeventer, seconded by Morgan, this be filed. Vice Mayor Cooper asked the City Clerk to read into the record his memo of October 27. "October 27, 1986 "To: Mayor and City Council "From: Vice Mayor Marion Cooper "Subject: Report on Hazardous Material Disposal "Since the Mayor appointed me to look into the hazardous material disposal, Fire Chief Kimble and I have met with P.S.I. officials, and took a look at the large pile of fluff. We also heard their sad tale of woe, of what they were having to do to get rid of the fluff. These people have the plans for an incinerator to burn the fluff; however, the State will not issue them a permit to build it. "I would like to see this plant built, perhaps out in the back country and dispose of this fluff properly. However, this would take about five or more years. In the meantime, we need an im mediate solution to the problem. For instance, being able to dump the fluff at either Otay or Miram ar. "I have written to all of our elected State Officials, and have heard from most of them. They all seem willing to help, and many are trying to help solve the problem. "I personally do not feel that simply dumping hazardous material into the ground is the answer. I feel we would be hanging our grandchildren, and perhaps even our great—grandchildren with a real serious problem within perhaps the next 50 years. I strongly feel we need to find a permanent solution to this problem, and I firmly believe the incinerator is the best way. "(s) Marion F. Cooper Vice Mayor" Book 67/Page 196 10/28/86 ACTION: Moved by Van Deventer, we get a price from Moynahan's Towing on the requirements of removing the gas tank and upholstery, so that as long as they are accepting those vehicles, we can get them destroyed. Mayor Morgan asked Fire Chief Kimble to check into this and bring back a report. Ordered filed by unanimous vote. FINANCE MGMT 21. SUBJECT: Report on Investment Guidelines. RECOMMENDATION: Staff recommends the report be accepted and filed. ACTION: Moved by VanDeventer, seconded by Cooper, the report be accepted and filed. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. SURPLUS PROPERTY — CONFLICT OF INTEREST 22. SUBJECT: Report on Surplus Properties — Bid Opening (APN 560-143-36 in the vicinity of 18th & Roosevelt and APN 558-091-11 in the vicinity of Euclid & Plaza). RECOMMENDATION: Staff recommends that bidding for these two parcels be delayed until November 25. CONFLICT OF INTEREST: Mayor Morgan said one of these parcels is close to his property Plaza, and the other parcel is on the west side, so he will abstain. Vice Mayor Cooper (Chairman, Real Estate Committee) presided. Mr. Cooper said we have run into problems in selling property that perhaps we didn't own. ACTION: Moved by Cooper, seconded by VanDeventer, we follow staff's recommendation and delay this until November 25 to allow the title to be searched. TESTIM ONY: Steve Schwartz, 4026 Dove St. (He supports the recommendation of staff; bidding should be reopened, or at least others with acceptable cash deposits be allowed to participate; before bids are allowed to be made, we need to clear up the question of whether or not the City has title, but to delay it without giving other members of the public an opportunity to bid is going to prejudice other bidders and may deprive the City of the highest possible return; one of his clients would not bid because he would not accept a Quitclaim Deed without a title policy; people who thought they were just going to get a Quitclaim Deed should now be allowed to bid.) City Attorney Eiser said Council has an option to reject all bids; there was only one bidder on each of these parcels; bids can be rejected and we can start the process again; Council could direct staff to obtain the title polices on these parcels, and the advertising process could be started again.) Alfred Hlawatsch (He represents K.R.D., who bid on one of the parcels and the situation there is different; he would like to see these parcels treated differently.) Vice Mayor Cooper withdrew his motion. ACTION: Moved by Waters, seconded by Van Deventer, the motion be amended to exclude the property at Euclid & Plaza from the other parcel, and that we consider this item tonight, since it has a clear deed. TESTIMONY: Alfred Hlawatsch (Obtaining the title policy at a later date is no problem to his client, but it is of importance that they know whether or not the City wants them to develop this parcel, and gives them the exclusive opportunity to do it, unless the City doesn't own the property. ACTION: Motion carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. ACTION: Moved by VanDeventer, seconded by Waters, the bid in the amount of $2,675 submitted by K.R.D., Inc. be rejected. TESTIMONY: Stephen Kerch, 3904 Groton St., San Diego (He had conversations with the contractor who is developing the Grove Property; the cost of the drainage improvements, as he indicated, was around $600 per lineal foot; a staff member from the Engineering Dept. went over this bid and indication of costs with him in March and April, and it was agreed that the costs were in line; this property has no frontage except what has just been put on by Euclid Ave.) Book 67/Page 197 10/28/86 ACTION: Moved by Waters, seconded by Van Deventer, in favor of this development for $6.50/sq. ft. rather than $6.00/sq. ft. Mr. Kerch said he would have to leave Council Chambers and get this approved by his business partner. Mr. Kerch was advised that if it was rejected, he should come back and advise Council. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. (property at 18th & Roosevelt) TESTIM ONY: Frederick West (He has no objection to having this held over, but if this would be open to other bidders, he has a problem with that. Vice Mayor Cooper said Council has voted to hold this piece of property until November 25, until we have a clear deed; at that time, Council will either accept or reject the bid; if the bid is rejected, the deposit will be returned, and bids will be opened up to the public. City Attorney Eiser advised Mr. West that he would have the option to make a best and final offer. TESTIM ONY: Steve Schwartz (It seems that what Council is contemplating is a sale on November 25 of a different bundle of rights than were advertised originally; originally Council was contemplating a sale by means of a Quitclaim Deed, not a Title Policy, of whatever rights the City had; now that Council has decided to have a different kind of sale, it should be opened up.) City Attorney Eiser said he did not agree with that. CITY MANAGER — No report. CITY ATTORNEY — No report. SURPLUS PROPERTY Alfred Hlawatsch returned to the podium and reported that the bid as proposed is not accepted by his principals; the problem is that they can accept the price, but only if it doesn't have to be paid until their plans are approved. ACTION: Moved by Waters, seconded by Van Deventer, that recommendation be accepted, with a time period of six months; if they have a problem, they should come back to Council. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. TESTIMONY: Tony Reed (requested the deposit be decreased to 10% of the purchase price.) ACTION: Moved by VanDeventer, seconded by Cooper, this be denied. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. OTHER STAFF — No reports. MAYOR — No report. CITY COUNCIL COMMUNITY DEVELOPMENT Vice Mayor Cooper spoke of the sign on Morgan Towers, saying it is a disgrace; he would like to see a lighted sign put up on each building saying Morgan Towers on one and Kimball Towers on the other. ACTION: Moved by Waters, seconded by Cooper, this be brought to the Community Development Commission as an agenda item, along with a set of plans. Carried by unanimous vote. SURPLUS PROPERTY Alfred Hlawatsch inquired if his client's deposit would be refundable if the plans are not approved in six —months. ACTION: Moved by Dalla, seconded by Van Deventer, if the bidder is unable to proceed because the plans are not approved, the deposit would be refundable. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. CITY COUNCIL (CONT'D.) PARKING/TRAFFIC Councilman Waters said he would like the City Manager to go talk with the postmaster; since they put the mailboxes on the south side of the street, most of the drivers still have to pull into the parking lot In order to put mail in the mailbox. Book 67/Page 198 10/28/86 PARKING/TRAFFIC Councilman Van Deventer said he would like to see a traffic study done on "G" Ave., between 15th & 16th Streets; the parking spaces are being taken up by post office employees, and businesses and people cannot park in front of their homes; we may need to go to permit parking. ADJOURNMENT Moved by Waters, seconded by Van Deventer, the meeting be adjourned to 7:00 p.m., November 11, 1986. (In accordance with Section 2.04.020 of the Municipal Code, there will be no meeting on November 4, 1986.) Carried by unanimous vote. The meeting closed at 11:55 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of November 18, 1986. 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