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HomeMy WebLinkAbout1985 06-11 CC MINBook 65/Page 233 6/11/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA J U N E 11, 1985 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, Waters, Morgan. Absent: VanDeventer. 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 City Manager McCabe. APPROVAL OF MINUTES Moved by Cooper, seconded by Waters, the minutes of the regular meeting of June 11, 1985 be approved. Carried by unanimous vote. Absent: VanDeventer. PUBLIC ORAL COMMUNICATIONS None. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of NOTICE TO REMOVE TWO ABANDONED/INOPERATIVE VEHICLES at Southside of 9th St., West of 'K' Ave., Assessor's Parcel No. 556-510-59 (On May 7, 1985, a Notice of Intention to Abate and Remove an abandoned, unlicensed faded green 5th wheel, two —axle moving van and a 4—door brown Dodge Monaco as public nuisances was issued; neither vehicle had license plates by which registered ownership could be determined; Section 11.48.080, Municipal Code gives the City Manager the authority to have a wrecked, dismantled, abandoned or inoperative vehicle removed from the premises if the property owner does not abate the nuisance within ten days of receiving the notice; expenses for the abatement may be charged to the property owner if the City has the vehicle removed after the ten—day notification period; Section 11.48.100, Municipal Code states that the owner of the property or of the vehicle may appeal the notice and request a public hearing; Abel Parra, owner of the property appealed the notice; staff recommends that Council order the vehicles removed as public nuisances) was held at this time. Planning Director Post said the Dodge has been removed, but the moving van is still on the site; staff recommends Council direct staff to remove the vehicles. ABEL PARRA, 1038 E. 8th St., was present and said on May 7 he was cited for having the abandoned vehicles; they were not abandoned, but stored on his property because he had no other place to put them; shortly after he moved the van onto his property, some young people painted graffiti on it; he has since repainted it; he has contacted some of his neighbors and they have no problem with the vehicles being stored there; the van and its contents are for sale and are only being stored there on a temporary basis; it is a field van and has been moved from job site to job site; he is requesting an extension of 60 days to allow him to sell the van. Discussion. Moved by Waters, seconded by Cooper, the Public Hearing be closed and Mr. Parra be given 60 days to remove the van; if he does not move the van within 60 days, staff will remove it at Mr. Parra's expense. Planning Director Post said the van is parked on an unpaved surface and materials are being stored inside it; these are both Code violations. Discussion. Motion carried by unanimous vote. Absent: VanDeventer. The PUBLIC HEARING on VACATION OF PORTIONS OF THE ALLEY AND STREETS LYING BETWEEN 18TH AND 22ND STREETS, AND BETWEEN WILSON AVENUE AND THE MTDB RAILWAY ADJACENT TO FREEWAY 5 (Applicant is requesting the vacation of the 20' wide alley between 18th and 19th Streets, and between 21st & 22nd Streets, and the westerly 10' of the alley between 19th and 21st Streets; with the alley vacation as proposed, the applicant's warehouse units could be expanded in depth from 8' as presently permitted to 18' in depth; this is his intention; applicant owns all of the property to the west of and abutting the areas proposed for vacation; plans have been approved by the City to develop a mini —warehouse complex on this property; the Engineering Dept. does not oppose the vacation of the entire 20' wide alley, provided the adjacent property owners to the east are in agreement; they do oppose the vacation of only a 10' wide portion of the alley between 19th and 21st Streets; it is their opinion that the resulting 10' wide alley would create a serious traffic problem; staff also opposes the vacation Book 65/Page 234 6/1 1 /85 of only 101 of the alley width; Section 17.08.040B of the Municipal Code provides that "if alleys are provided, they shall not be Tess than 20' in width." See Document No. 72351; staff concurs with the Planning Commission's denial) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Posting were on file. Planning Director Post said the Planning Commission recommends this be denied and staff concurs. Discussion. Mr. Post continued, a portion of the alley would remain open between 20th and 22nd Streets; it would be a 10' alley; the total portion of the alley being vacated would revert to the adjacent property owners. RICHARD PLUMLEE, 2926 Arcola, San Diego, was present and requested this be modified to a full alley closing between 18th and 22nd Streets so there would not be a problem with a 10' alley; his intent is to construct a mini —storage facility, using a slip —face brick building facing the freeway, with an 8' wrought iron fence; they have a permit to install a sign on the back of the third building; the Fire Dept. has reviewed a preliminary drawing; this property is zoned light manufacturing; if Council does not want to close the entire alley, they would like to go into a 1911 Act; they own 63% of the frontage on the alley, and he doesn't think the other people along there would like to pay for a 1911 Act; if part of the alley is left open, the back of the buildings would be covered with graffiti; keeping the alley open would be a problem for the Police Dept. Further discussion. Councilman Daila said when he went by there recently, he noticed there is a garage fronting on that alley; if the alley is closed, the garage would be non—functional. Further discussion. Planning Director Post said there are several garages and numerous driveways fronting on the alley; there is quite a distance between 18th and 22nd Streets; if you go the full length of the alley, you will see quite a few properties taking access from the alley; one of the findings Council must make to order a vacation is that the alley is not used for public purposes. Further discussion. Councilman Cooper inquired if Mr. Plumlee had come to terms with all of his neighbors. Mr. Plumlee replied, he found it was impossible to deal with that many people; everybody is going to have a different opinion; it may cause some inconvenience to a few. Further discussion. Councilman Waters inquired how many objections were raised at the Planning Commission Hearing. Planning Director Post replied there were two verbal protests and one written protest. Moved by Cooper, seconded by Morgan, the public hearing be closed, and the alley between 18th and 20th Streets be closed, and the property on each side revert to the property owners. City Attorney Eiser said in order to close the entire alley, it would have to be renoticed; an appropriate motion would be to refer this back to the Planning Commission for hearing to include the entire alley. Moved by Waters, seconded by Dalia, this be referred back to the Planning Commission for a full alley closing. Carried by unanimous vote. Absent: Van Deventer. JUANA CRUZ, 1918 Wilson, was present to protest the hearing. On being advised that the matter was referred back to the Planning Commission, and a new hearing would be held in about three weeks, Ms. Cruz asked to have written notice of the hearing sent to her. The PUBLIC HEARING on REVIEW OF PERFORMANCE AND PUBLIC COMMENT ON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, SMALL CITIES, STATE PROGRAM, July, 1983 to May, 1985 (The purpose of this hearing is to review and receive comments from interested persons on the program and performance of the expenditure of State Community Development Block Grant Small Cities Funds received and expended by Natinal City since July, 1983; the total funds available, $600,000, were used to provide loans to low and moderate income owner occupants to rehabilitate their residences; a total of 63 loans were made) was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and said the purpose of this hearing is to hear any public comment and review the performance of the Small Cities Block Grant Program from July, 1983 to the present; the program is completed. Discussion. Moved by Waters, seconded by Dalla, the Public Hearing be closed and the Block Grant Program be approved. Carried by unanimous vote. Absent: Van Deventer. Mayor Morgan recognized Mrs. Jess Van Deventer who was present in the audience. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,642 through 14,654) Mayor Morgan requested Resolution No. 14,649 be considered separately. Councilman Cooper requested Resolutions Nos. 14,646, 14,647, 14,648 and 14,650 be considered separately, saying he could not vote on these because of conflict of interest. Moved by Waters, seconded by Cooper, the Consent Resolutions (14,642, 14,643, 14,644, 14,645, 14,651, 14,652, 14,653, 14,654) be adopted. Carried by unanimous vote. Absent: Van Deventer. Book 65/Page 235 6/11/85 Resolution No. 14,642, "RESOLUTION APPROVING A GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, STATE SMALL CITIES, AND AUTHORIZING FILING THEREOF." See Consent Resolutions above. Resolution No. 14,643, "RESOLUTION APPROVING AN ENCROACHMENT REMOVAL AGREEMENT FOR CHAIN LINK FENCE IN THE PUBLIC RIGHT OF WAY (1429 E AVENUE — M. A. NEURATH)." See Consent Resolutions above. Resolution No. 14,644, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR SEWER PUMPHOUSE AT 14TH STREET (ENG. SPEC. NO. 955)." See Consent Resolutions above. Resolution No. 14,645, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE KIMBALL PARK CHANNEL CONSTRUCTION (ENGINEERING SPECIFICATION NO. 949)." See Consent Resolutions above. Resolution No. 14,646, "RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR DRAINAGE PURPOSES FROM MEYER C. WEINER COMPANY (APN 557-322-12)." Moved by Dalla, seconded by Waters, Resolution No. 14,646 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, Waters, Morgan. Nays: None. Abstaining: Cooper. Absent: Van Deventer. Resolution No. 14,647, "RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR SEWER PURPOSES FROM MEYER C. WEINER COMPANY (APN 557-322-12)." Moved by Waters, seconded by Dalla, Resolution No. 14,647 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, Waters, Morgan. Nays: None. Abstaining: Cooper. Absent: VanDeventer. Resolution No. 14,648. "RESOLUTION ACCEPTING CONVEYANCE OF A GRANT DEED FOR STREET PURPOSES AND NAMING AND DEDICATING STREET (A PORTION OF N AVENUE AND 14TH STREET)." Moved by Dalla, seconded by Waters, Resolution No. 14,648 be adopted. Councilman Cooper stepped down and addressed the City Council as a citizen, saying his residence is adjacent to this property; when this project came up, one of the stipulations was to improve 14th St. and finish it from 'M' to 'N'; the motion on the floor will put that off; it will never get done. Mr. Cooper was advised the street improvements were a condition of the permit issued to Meyer C. Weiner Company; it would have to be done, and that he was addressing the wrong Resolution (Res. No. 14,650 would be the correct Resolution). Motion carried by the following vote, to —wit: Ayes: Dalla, Waters, Morgan. Nays: None. Abstaining: Cooper. Absent: Van Deventer. Resolution No. 14,649, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR REPLACING SEWER PUMP STATION 24TH STREET AND TIDELANDS." Moved by Cooper, seconded by Dalla, Resolution No. 14,649 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Absent: Van Deventer. Resolution No. 14,650, "RESOLUTION ACCEPTING COVENANT AND DEFERRAL OF STREET IMPROVEMENT AT M AVENUE AND 14TH STREET (MEYER C. WEINER COMPANY)." Moved by Dalla, seconded by Waters, Resolution No. 14,650 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, Waters, Morgan. Nays: None. Abstaining: Cooper. Absent: Van Deventer. Resolution No. 14,651, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Sweetwater Road Drainage, Assessment District No. 218)." See Consent Resolutions above. Resolution No. 14,652, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Sweetwater Road Drainage, Assessment District No. 218)." See Consent Resolutions above. Resolution No. 14,653, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 (Sweetwater Road Drainage, Assessment District No. 218)." See Consent Resolutions above. Resolution No. 14,654, "RESOLUTION OF INTENTION (Sweetwater Road Drainage, Assessment District No. 218)." See Consent Resolutions above. Book 65/Page 236 6/11/85 NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 49, dated June 4, 1985, in the amount of $162,243.74 (Warrants Nos. 88002 through 88072) was presented. Moved by Dalla, seconded by Cooper, the demands be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Absent: Van Deventer. The application for PERSON TRANSFER, TYPE 21, OFF —SALE GENERAL LIQUOR LICENSE of Manuel P. Loussia, 3106 E. 16th St. (Police, Planning and Building Departments state no objections) was presented. Moved by Cooper, seconded by Waters, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Morgan. Absent: VanDeventer. WRITTEN COMMUNICATIONS The request of the NATIONAL CITY CHAMBER OF COMMERCE for USE OF HERITAGE SQUARE on "A" Ave. between 8th and 12th Streets, on Saturday, September 14, 1985, from 8:00 a.m. to 5:00 p.m., for the THIRD ANNUAL HERITAGE WEEK ACTIVITIES was presented. Moved by Waters, seconded by Cooper, in favor of this request. Carried by unanimous vote. Absent: Van Deventer. The request of the NATIONAL CITY CHAMBER OF COMMERCE that the NATIONAL CITY KIWANIS CLUB be granted use of the large room of the KIMBALL COMMUNITY BLDG. for the SALUTE TO THE NAVY LUNCHEON on Wednesday, October 16, 1985, and permission to serve ALCOHOLIC BEVERAGES was presented. Moved by Dalla, seconded by Cooper, in favor of this request. Carried by unanimous vote. Absent: Van Deventer. OTHER BUSINESS The report from NATIONAL CITY TRANSIT on SOUTH BAY MAINTENANCE FACILITY STUDY (A study of the possibility of a joint South Bay Maintenance Facility for National City and Chula Vista's transit systems has been completed; the study was sponsored by the MTDB and conducted by Foster Engineering of San Francisco, with the Transit Coordinator of Chula Vista and Mr. Arthur of National City Transit involved; basically, the study finds some capital cost savings in building one facility as opposed to two, although some of this would be nullified by the additional land necessary to store the combined bus fleets; apart from a reduction of the initial expense, however, the study finds no significant savings in operating expenses; in fact, operating expenses would increase if the facility site location increased the deadhead mileage for either operator; one option noted in the study is for National City to build a modest facility on City property on the west bank of Paradise Creek across from the Public Works yard; a copy of the complete study is in the City Manager's office) was presented. Moved by Dalla, seconded by Waters, this be accepted and filed. Carried by unanimous vote. Absent: Van Deventer. The City Engineer's report on DISTRICT NO. 218, SWEETWATER ROAD DRAINAGE (Estimated construction cost — $794,835.00; estimated incidental cost — $49,140.00; total estimated project — $843,975.00; estimated City contribution — $312,627.00; total estimated assessment — $531,348.00; owner petitioned for the City to contribute 50% of the drainage; these properties contribute 1.8% of the actual drainage in the district; City contribution represents 100% of the sewer cost and 50% of the drainage costs) was presented. Moved by Cooper, seconded by Dalla, this be accepted and filed. Carried by unanimous vote. Absent: Van Deventer. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Morgan spoke of the tapes of the Donnelly hearing, saying he received a memo from the City Clerk relative to the condition of the tapes, saying there was something wrong with side 4, and asked the City Attorney to look into this and see where we stand and how we can get the transcript. Book 65/Page 237 6/11 /85 CITY COUNCIL City Manager McCabe said Vice Mayor Van Deventer was asked by Council to bring back a recommendation re the lease of City —owned property near 18th & Roosevelt (Mr. VanDeventer's report states that upon checking the lot size and useable area of the subject property, and after Mr. Beauchamp removes his fence, it is Mr. VanDeventer's opinion that $400 per month is a fair amount to charge for lease of that property until disposition is made; Mr. Russ Anderson, Southwest Paint and Body Co., should be given first choice in leasing this property since he was an innocent party to this dispute; it should be a condition of the lease that should the lessee find it necessary to fence said property, it will be his responsibility to remove it at no cost to the City when the City disposes of the property). Mayor Morgan inquired if, because of Vice Mayor VanDeventer's business and personal dealings with Mr. Beauchamp, we could go ahead and act on his recommendations. City Attorney Eiser said Mr. VanDeventer had stepped down because of previous dealings with Mr. Beauchamp because of his personal acquantance, but it does not preclude him from dealing with Mr. Anderson; Mr. Anderson is acting on his own behalf and independently of Mr. Beauchamp. Moved by Morgan, staff be authorized to work out some agreement where we can use this until we sell the property. Motion died for lack of second. Discussion. Councilman Waters said since the fenced area no longer exists, the property is 18,000 sq. ft. and not 8,000 sq. ft.; staff should determine if Mr. Anderson wants to lease the whole parcel or just 8,000 sq. ft. Moved by Waters, seconded by Cooper, this be referred back to staff for one week and consider the whole area. Discussion. Councilman Dalla said the report indicates the fence would be removed and the amount was predicated on the fence being removed; either we decide to rent it to him or we don't. Further discussion. Councilman Waters said if Mr. Anderson wants to lease the entire 18,000 sq. ft., we might consider leasing it for more than $400 a month. Motion carried by unanimous vote. Absent: Van Deventer. ADJOURNMENT Moved by Waters, seconded by Cooper, the meeting be adjourned to 4:00 p.m., June 18, 1985. Carried by unanimous vote. Absent: Van Deventer. The meeting closed at 8:43 p.m. CI Y CLERRC The foregoing minutes were approved at the regular meeting of June 18, 1985. Corrections No corre tions CITY OF NATIONAL CITY, CALIFORNIA