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HomeMy WebLinkAbout1984 01-24 CC MINBook 64 Page 42 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 24, 1984 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: Camacho, Dalia, Van Deventer, Waters (late), Morgan. Absent: None. Administrative officials present: Benzing, Bolint, Campbell, McCabe, McLean, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Dr. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of January 17, 1984 be approved with the following correction: Page 37, Para. 1, line 8: "the contractor is not being delayed..." should be changed to "the contractor is now being delayed..." Carried, by the following vote, to -wit: Ayes: Camacho, Dallas Van Deventer, Morgan. Nays: None. Absent: Waters. Councilman Waters arrived in the Council Chambers. PUBLIC ORAL COMMUNICATIONS BEN CAMERON (Star News representative), 7350 Player Dr., San Diego, was present and requested that Council participate in a special supplement to the Star News, "PROGRESS", a business -oriented supplement with special emphasis on growth and progress. Discussion. Councilman Waters said before we spend the money, the editors of the Star News and Mr. Cameron should get together with the City Manager and discuss what they have in mind and give Council some kind of detail. Further discussion. Moved by Morgan, seconded by Van Deventer, Council approve 12 page (no color) at $1,148, and staff prepare the wording. Councilman Waters said he could not vote for this without seeing what the money is being spent for. Further discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. PUBLIC HEARINGS The PUBLIC HEARING on the ADDITION of a new title,TITLE 7, PROPERTY CONSERVATION and COMMUNITY APPEARANCE CODE to the National City Municipal Code (The National City Municipal Code now contains a number of regulations that are related to elimination and prevention of blight; those regulations are scattered throughout the Code in a manner that is confusing and difficult to use; they have not been updated to keep pace with present day needs and they do not take full advantage of available enforcement tools; this program will update and organize the local code enforcement program and suggest certain needed controls which have been lacking; input received from Council at the November 29, 1983 workshop session has been incorporated into the draft; staff recommends Title 7 be approved) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Post said staff recommends approval, and read into the record the headings on the code package: General Provisions; Definitions; Abandoned Facilities; Environmental Conditions; Garbage and Refuse Collection; Accumulation of Junk; Litter, Debris and Rubbish; Graffiti Control; On -Street Activities; Outdoor Activities; Housing Conditions; Apartment House and Condominium Property Management; Vandalism and Security; Handbills and Billposters; Mosquitos and Flies; Enforcement. BERNARD TRAGER, 516 E. 24th St., was present and spoke in favor of this Code amendment. Planning Director Post said this will be 1/24/84 Book 64 Page 43 incorporated into the Land Use Code and the General Plan. Discussion. ALLAN GAGNER, 801 Olive St., was present and inquired if this has anything to do with automobiles on the street. Planning Director Post replied that it does; it will assist in the alleviation of junk cars on the street and on private property. Mr. Gagner inquired what the City plans to do about the graffiti problem. Mr. Post replied this code amendment makes the application of graffiti and allowing it to remain enforcement matters. Further discussion. Councilman Waters spoke of house movers in the City, saying one particular house mover was operating in the City with no permit or license. Discussion. City Attorney McLean said the City has requirements for house moving permits; laws regarding hours etc. are contained in the permit package. Mayor Morgan asked the City Manager to notify the Police Chief that we have a problem with house movers operating without a permit. No one else was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, Title 7 be approved, and all stipulations of staff be adhered to. Carried by unanimous vote. The PUBLIC HEARING on APPEAL of Planning Commission's DENIAL to ALLOW DEVELOPMENT of an 11,000 sq. ft. single -story COMMERCIAL BUILDING for RETAIL FURNITURE SALES, within the 2100 block of Plaza Blvd., South side, PD-3-83 (Applicant proposes construction of a concrete block commercial building for retail furniture sales and a 35-space parking lot; the existing site is vacant and recently graded and cleared of vegetation; access to the site is via a 27' wide easement through the McDonald's parking lot; access on the other sides of the property has been precluded by I-805 Freeway to the West, a drainage easement and freeway off ramp to the North, and Council Resolution No. 14,007 prohibiting driveways onto 14th St.; traffic associated with a retail sales use of the property could intensify traffic problems at the Plaza Blvd. and Grove St. intersection; it is difficult to make left turns entering or exiting Grove St.; the driveway access off Grove St. also requires semi -trucks and trailers to swing into on -street parking on Grove St. and into on -coming traffic from the parking lot; originally, when the Planning Commission considered division of this property and development of the McDonald's site, this portion of the property was shown for development of a commercial building having a total floor area of about 7,000 sq. ft. and parking for 62 cars; since development of the McDonald's restaurant, vehicles have been observed 'stacking' on the West side of the McDonald's site at the drive-thru entrance; this could create an obstruction to vehicles exiting the proposed parking spaces number 1 through 9, and may obstruct the circulation of delivery trucks to the South side of the proposed building; staff concurs with the Planning Commission's denial) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post said the Planning Commission was concerned about the possible aesthetic impact; they determined that a furniture store might not be the best possible use of subject property. LUDLOW KEENEY (Attorney for developer) was present and said the 27' access is the only available access to this property; the business is presently located in Spring Valley and approximately 35% of the customers are from National City; actual size of the retail building will be 10,300 sq. ft.; his client is amenable and will compromise. MR. MISKULIN, Scripps Ranch, San Diego, was present and said he has been working on this projent for 5 years; before deciding to consider opening in National City, he contacted several businessmen in National City (furniture dealers) and they encouraged him; if his business is approved, he will employ several people from National City ($200,000 in salaries); his business should do $20 million in the next 20 years; he runs a clean operation; it would be an asset to the City; there is plenty of space for trucks to turn around; he can control when deliveries are made; his plan is to receive deliveries from factories in the Spring Valley store; the large semis will not be coming into National City. Discussion. GARY FARIS, 1417 Grove St., was present 1/24/84 Book 64 Page 44 and said he has many years experience driving semis; he is well aware of what it will take to get trucks into that driveway; when a delivery truck has 32 stops to make in one day, you take it when you get it or not at all; Eastbound on Plaza Blvd., there is a right turn lane; cars park there all the time in spite of the "NO PARKING' sign; the turns into the lot, jockeying to the loading dock and back out would be almost impossible. Discussion. Moved by Van Deventer, seconded by Dalla, the public hearing be closed and the appeal be denied. Carried by unanimous vote. The PUBLIC HEARING on APPEAL of PLANNING COMMISSION'S DENIAL of ZONE VARIANCE 14-83 to allow a parcel to be created without the required 50' of street frontage at 3600 East Eighth Street (This Zone Variance... would allow the creation of a 2.5 acre landlocked parcel containing the existing Wellington House and provide for the sale of 2.5 of the total 22 acre parcel; the applicant proposes a lot line adjustment between two parcels of land creating 6,26 acres with frontage on Paradise Valley Road and 2.5 acres without street frontage, but with access provided via a 40' wide easement which provides a one-way concrete driveway winding up slopes of 10 to 15% with turnouts for passing. The Fire Dept. has investigated the accessibility and finds no problem...) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Post reported staff recommends the Variance be granted. MICHAEL BINGHAM, H.C.H. & Assoc. (engineers for applicant), 4877 Viewridge, San Diego, was present and spoke in favor of the Variance. The City Clerk read a petition in favor of the Variance, providing the property remained zoned RS-1, signed by Ione Campbell, 808 Ethel Place; Carolyn Reopelle and Delton Reopelle, 801 Ethel Place; Margaret Daily, 815 Ethel Place; Frank Perez and Betty Perez, 820 Ethel Place; Laura Charles, 814 Ethel Place; Teddy Tafoya, 826 Ethel Place and Mary Emerson, 1333 Manchester St. ROSE LANE, 810 Mary Court, was present and inquired if there would be any change to the driveway which is adjacent to her property. She was advised there would be no change. Moved by Camacho, seconded by Van Deventer, the hearing be closed and the variance approved. Councilman Van Deventer inquired if the Wellington House could be placed on the historical register. The City Attorney advised that the Planning Dept. is looking into it. ALLAN GAGNER, 801 Olive St., was present and said he had no problem with the Variance, but would like to see the remainder of the property developed as R-1. (During discussion members of the City Council indicated they would favor the development of the property with single family homes.) Motion carried by unanimous vote. The JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION ON A MINOR AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT (The purpose of the public hearing is to consider a minor amendment to the Redevelop- ment Plan by adding to the land to be acquired pursuant to the flan, the real property located at 2868 Grove St., a single family residence on 8,102 sq. ft. of land, AP No. 563-161-46, located within the existing Redevelopment Project boundary. Complete EIR/EIS earlier prepared and approved. Negative Declaration approved for subject amendment on December 13, 1983) was held at this time. Mayor Morgan called the Community Development Commission to order at 7:55 p.m. Roll Call: Commissioners present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ARNOLD PETERSON, Executive Director, Community Development Commission, said he provided Council and Commissioners with a copy of the Notice of Hearing and a memo; the Downtown Redevelopment Plan was validated by the California Supreme Court on December 28, 1983. Mr. Peterson said he made reference to the blight surveys, to the basis of the project, to the environmental reports; he was here tonight recommending to you, 1/24/84 Book 64 Page 45 as Director of Community Development, that you make a minor amendment to the Redevelopment Plan for the Downtown Project to add a single parcel for acquisition under the plan; the parcel is at 2868 Grove St.; Mr. Peterson displayed a drawing to orient Council/Commission to the situation and explained the drawing showed Sweetwater Rd. to the South, Grove to the West and to the North, to the North of Grove Way on the top of the hill are single family houses; from Sweetwater Rd. looking to Grove St. • is the tcxe of a slope and on top of the slope on Grove St. are residences, there are several, across the street to the South is the Sweetwater Town and Country Shopping Center. Mr. Peterson continued six or seven years ago, the Redevelopment Agency was interested in doing redevelopment on this side of the road and in fact, we had meetings with the owners at that time, which we abandoned at the time of Proposition 13 because Proposition 13 in effect cut off our source of financing redevelopment on this side of the road; meanwhile and separately, since that time private redevelopers have been proceeding in this area with redevelopment; on this parcel there is a new office building, this parcel is on our acquisition list under the Downtown Project, the site of the Sweetwater Inn into the back of single family residence; this parcel is a vacant parcel which is owned by Thomas/O'Brien Investments who at one time, and maybe still now, are owners of that property; Thomas/O'Brien Investments and Heartland Savings and Loan have been assembling additional parcels over a couple of years; this one here (pointing) on which there is a duplex, a transmission building, another residence, a Volkswagen, here a real estate office and a residential parcel; they have acquired these and in addition to this parcel, they have in escrow two additional parcels (on Grove St.), the parcel (under consideration for acquisition) is within the City limits line and is adjacent to Grove St. which cul-de-sacs here; the private redevelopers have been unable to secure this parcel; he recommended to the Council and to the Commission that we hold a hearing and consider acquiring this parcel under the Redevelopment; the Community Development Commission authorized me at that time with the consent of the owners to do two appraisals of the property to determine the value to assist the owners in knowing at the time of hearing where we stood so far as price; the owners of the property at first agreed to such appraisals and later changed their minds, after I had hired the appraisers, so we did not do that which you had authorized, I was unable to do that. Mr. Peterson said he recommended that we do acquire this parcel and facilitate this private redevelopment; the developers are in the process of annexing this green -lined area which is now in Lincoln Acres to the City; our assisting in acquiring this parcel would aid them specifically by allowing that this hill, for the most part, could be removed and in that manner get some depth and circulation and access across this parcel and make it considerably better development, much more along the lines of what you see across the street; so that's the basic picture here. Councilman Waters asked the following questions: Why didn't the developers buy the subject property when it was on the market some months ago and not involve the City? If the Agency acquires the property through condemnation, will it be sold to the developers at so much a sq. ft.? If the Agency acquires the property and sells to the developers, will the developers haul off that big hill of dirt and just about pay for the property? Didn't Council say when the Downtown Redevelopment Project was approved that no residential properties would be taken? Executive Director, Community Development Peterson answered he did not know why the developers did not buy the subject property; he understood it was purchased last summer; during the election statements/made re residential properties; he was sure each member of the Council has a different view as to what was in his mind in relation to this matter; it was not our motive and we said so; as to the value of the property, he suggested in his supplementary memo that our price to the redeveloper, whether it was Heartland or Thomas/O'Brien or John Doe, ought to be the price we had to pay to purchase the land; but he wouldn't charge for the building, 1/24/84 Book 64 Page 46 or demolition, or salvage value, or relocation because relocation costs comes onto us specifically because we are a public agency. Councilman Waters asked if they wouldn't pay that part of it. Mr. Peterson replied, no, we pay up to $15,000 to the owner/occupant on relocation, providing they buy another home; we pay the higher of the two appraisals. Councilman Waters asked if the owners paid $88,000, Councilman Camacho asked if Mr. Peterson at one time negotiated for the property. Mr. Peterson said his recollection was that owners of the frontage property were involved; the Valencia family owns two adjacent parcels; the mother, Cielo, owns the northerly parcel, a duplex; Cielo, son (Abel), and his wife (Rosa) own as joint tenants the subject property which is a single family residence; Rosa and Abel live there and would be eligible for relocation payment, Councilman Van Deventer expressed his concern on the taking of a single family residence at any cost; if the developer wants that kind of project, he should find a suitable exchange acceptable to the owner; we should not bear any of the cost to the developer; the project is a good idea but rather than condemn the property, the developer should go out of his way and if it costs $140,000, whatever the cost, the developer should pay. Mr. Peterson explained the Agency must make the relocation payment. VINCENT REYNOLDS, 1243 Manchester St., was present and asked was he to understand that a private developer wants this City Council to condemn this property, remove these people from this land so he can develop it? Was that what was going on here? Would his house be safe? Will his house be condemned for a developer? Mr. Peterson said that is exactly correct; what is being requested is that the public agency aid the private redevelopment by purchasing the home, relocating the family and reselling the ground, which is part of a slope, for this commercial development. Mr. Reynolds asked how the residents felt about it, or did that matter. Councilman Camacho said the resident has the right to refuse; he doesn't have to move and certainly this Council is not going to force him to move. Mayor Morgan said that's the way redevelopment works; the government gave us $10,000,000 to buy the Mile of Cars and the industrial park; the government took three-quarters of the loss and the City took one -quarter; but when we bought that piece of land and put in streets and drains, we came out real well with a million -and -a - half or two -million dollars left over; some people will notmove and we have to hire appraisers and go through condemnation proceedings; but no one has ever come back and said they were cheated. VINCENT REYNOLDS said he had faith in Council and staff and asked that they make the right decision. Councilman Van Deventer said what should be done in this case is to work with the developer, perhaps redevelopment should go out and find this individual a satisfactory home, the cost to move and do this should be the developers and then he can go ahead and develop the land; we wuld not be taking something away without giving equal or better. ABEL VALENCIA, 2868 Grove St., was present and went to the map to point out his property and his mother's property, and said he bought and moved into the home to protect his family interests; he did not want to move; they have lived in National City for seventeen years; their original home was the site of Roberto's Family Restaurant in the industrial park; his family was relocated then and his parents moved into the duplex adjacent to 2868 Grove; his father has since died and he is the head of household; he went into escrow in February, 1983 for 2868 Grove; the property was in escrow for eight months; they moved in in September; in October he was approached by the developers and asked to sell; later Mr. Peterson asked him to sell. Mr. Valencia said they were asking him to give up more than his home; he values his life-style and family commitments; his wife works at Gemco, only four blocks away; his son's school bus stop is only a few doors down; he has easy access to Freeway 805 to get to his employment in Clairemont; when they moved there they thought they would never be bothered again by redevelopment; the boundaries of the downtown redevelopment project are such that he did not know where they could move in National City and feel safe. Mr. Valencia said he does not 1/24/84 Book 64 Page 47 plan to live there forever; when his mother reaches retirement age, she will move into the single family house and rent the duplex --social security is not sufficient to live on. Mayor Morgan cautioned Mr. Valencia that after the commercial development is completed, his house might be difficult to sell; he could command a higher price by selling it to a commercial developer now. It developed in discussion the mother's property (duplex) is within the County and is part of the area proposed for annexation to the City; after annexation, her property could be acquired by condemnation. Ccv ncilman Van Deventer said the two parcels should be considered and asked if there was property in National City with a single family home and two rental units, property similar or better than he now has, and it was East of 1-805 (outside the redevelopment boundaries) would Mr. Valencia consider that? Mr. Valencia replied even though the land and house were equal or better, no value could be placed on his life-style (the bus stop for his child, the nearness of his wife's work, centralized location, living on a cul-de-sac where his child can play safely), but he would consider it. Councilman Van Deventer said the point he was trying to make is that before we move on this, we should go back and pursue the means of what is available in the City and asked Mr. Valencia if they/could give him everything he wanted in square footage, etc. would he accept that. Mr. Valencia replied that he did not plan to move. Councilman Van Deventer said he understood that, but if everything could be worked out --that's what we're here for tonight --would he have any problem? Mr. Valencia said he was really firm on remaining. Mayor Morgan again cautioned Mr. Valencia regarding the sale of his property as commercial property now or a lesser amount later, saying once the development is built, he will have lost all advantage. Discussion relative to the proposed annexation and having both units in National City. Councilman Van Deventer said this concerns Mr. Valencia's entire family; now is the time to get together and try to find a place for the Valencias; have the developer sit down with the redevelopment director and find a piece of property that would have everything they now have, something they would agree is equal or better, and we would pay to relocate both the mother and the son. Councilman Waters expressed his concern that the subject property was on the open market; the developers had the same opportunity to purchase, they could have outbid him, that's what bothers him. ROSS PROVENCE, attorney with offices in El Cajon, representing Heartland Savings and Thomas/O'Brien Assoc. was present and related some of the history of their acquisition of the various parcels (stepped over to the map); Thomas/O'Brien and their related organizations presently own the property on which is the commercial building (corner of Grove and Sweetwater) which has Rees-Stealey Medical Clinic and other tenants, a parcel in the redevelopment program for acquisition, a two -acre parcel that has the graded bluff back to Grove St. and then westerly side of the hill; Sweetwater North (a general partnership between Heartland Savings and Loan and Thomas/ O'Brien) acquired five parcels when escrow closed on September 15, 1983 which included this parcel at the end of Grove St., the transmission shop, the repair shop, the real estate office and the residential back into the canyon; (pointing) this parcel, these two, this one and this one; it was determined it would be advantageous for this development to be in harmony with Sweetwater Town and Country and as an access and entrance to National City to have this whole hill removed and have a nice commercial development as you come into your City. Mr. Provence continued, so we approached each of the five owners on the hill in mid or late August of 1983; we learned the prior owner of Abel Valencia's property was a friend of Mrs. Valencia and they had a first refusal agreement, informal as it was, between them; apparently that's what happened; we learned through public records (and Mr. Valencia admitted) he paid $88,000 for that parcel; we told him we would offer to pay him $100,000; he said he really did not want to sell but he and his mother would sell the two parcels for $500,000; no way could the developers afford to pay that; so we backed off. Mr. Provence said 1/24/84 Book 64 Page 48 they did successfully negotiate other parcels and now have all the parcels on the hill except for Mr. Bailey's and the two Valencia parcels; they were continuing to negotiate with Mr. Bailey; they felt it was in the best interest of this project to include Mr. Valencia's property and they are unable to acquire it through their own efforts. Discussion. In answer to a question re the appraised value of the Valencia properties, Executive Director, Community Development Peterson said he made contracts with two qualified appraisers and they were not permitted to enter the homes although the owners had previously agreed. Councilman Van Deventer expressed concern over the developer's acquisition of property around the Valencia properties; they must have some design to use the mother's property also. Mr. Provence said that was correct; he believed Mr. Peterson had alluded to the fact that there is a petition presently for a minor general plan amendment and a pre -zoning application, which should come before this body in early February; that is preliminary to the annexation application to LAFCO; his clients do control or own five of the seven parcels on the hill and it would be their intent to include this entire area into the development process so this would be one contiguous and harmonious development which would be similar in style and nature to the Town and Country project; approximately five acres. Councilman Van Deventer asked if they did not acquire the mother's property and go to LAFCO, will they annex the rest of it without that particular piece of property? City Attorney McLean said the question is whether LAFCO will annex with the mother protesting the annexation; assuming the percentages are right, they will. Mr. Provence said there is no question based on their analysis (they have both the area, the assessed value of the five of the seven parcels) that LAFCO will accept and approve the annexation. In answer to a question as to how long they had worked at acquiring the properties, Mr. Provence said the escrows came about fairly quickly; the property owner in the center parcel had always been a stumbling block; then he came to Thomas/O'Brien and said he would sell and thought he could put the other parcels in their hands; all three of them were put into escrow within a four to six week period and the escrow closed is less than sixty days. Mr. Provence said until the five lower parcels actually closed in August, there was no contemplation of acquiring the back parcels; it was at that time that looking at the entire situation, they decided they should approach the owners on the top and see if those parcels could not be integrated into the overall project. Vice Mayor Dalla asked if they were able to acquire the subject property, would they then after the annexation ask Council to condemn the mother's property? Mr. Provence replied he thought that probably would be the most logical approach for the City and the developer in order to create an entire project in the area. JOSE VALENCIA, Spring Valley, was present and tried to explain his mother's and his brother's desires re the subject property and said the two properties should be considered as one; he is referring to the whole property; just because this side is in the City and the developers can get that half, it would not benefit the family if it is sold that way; the other part he knew would have to come into the annexation because the developers have worked themselves around this way and they will try to get this part; the developers will benefit by getting each part as half instead of one single total unit. Councilman Van Deventer said the only way is to acquire both of them and put your mother next to whatever units you want; since the developer is going to push in and through the same process, there's no sense putting you through misery and us through something he really disliked without placing you in a facility that you would be happy with, and your mother would be happy with; to do half of it is totally wrong; either acquire both; that area should be all as one; we should be out trying to locate something that you would be happy with. Mayor Morgan asked if he would figure on getting $500,000 out of it and said it will take quite a while to annex that and he was not sure the developer wanted to hold the money up and go ahead; we cannot move out in the County to do the 1/24/84 Book 64 Page 49 redevelopment; so if you're talking about buying both properties and volunteered to sell both properties and it could be a year or two down the road; he was sure with the property they've got there, they're not going to hold up that long; they will leave you setting on the hill-- they'11 put you up on the hill and they'll go down below and leave you set there. Jose Valencia said build around it; that's fine. Councilman Camacho said we'll build around it. Mr. Provence said the point the Mayor was making was well taken; the time for development is critical to a developer; they are basically ready to proceed; they have been holding the parcel to the West (2 acres) for almost 22. years; they have some petitions before the City for an automotive center on that parcel; if and when that is granted, they are ready to proceed and build and when they build that automotive center, they will be building some expensive retaining walls on the property line around the hill and that will be the end; that cost will be a couple of hundred thousand dollars; if they can't develop their property to the maximum they will lose, the City will lose, and the present owners will lose the ability to get the benefit of what they have in terms of potential re -investment and potential for enhancing that entire property; once those walls are up, the game is over. Councilman Van Deventer said he still felt there should be some negotiation with the mother; he understood that parcel isn't within the redevelopment boundary, but at the same time, that did not hold the developer from dealing on the other piece of property and work with them on the lower piece of property, where there is no cost to the City, and work out something; he just didn't think they had gone fax enough. Mr. Provence said they were continuing the dialogue, negotiating to acquire that parcel and the Valencias are presently represented by legal counsel. Mr. Peterson brought to Council's attention that he attempted to have the mother's property to the North appraised so they would have that information if they wished to negotiate the sale of the duplex and the owners refused to allow the appraisal. Abel Valencia said he did obtain legal counsel, Michael Cowett, and he was the one who advised him not to get appraisals, but as of Monday, he advised him to let the appraisers in and cooperate with them. Councilman Van Deventer suggested the matter be continued for two months to give an opportunity for the lawyer to negotiate this. Abel Valencia said his attorney advised him to get three appraisals: one for each of the properties, and one for the two properties as a single unit. Mr. Peterson said there would be two individual qualified appraisers and they would appraise the properties separately and appraise the properties as a single unit. Mr. Provence said he appreciated the Council's concern about the negotiations, but the plans and applications are presently filed with the City for the westerly parcel and those will be coming up within a matter of two or three weeks and as soon as that is done, the plans will be submitted for the buildings and the project will go forward; if that happens, the acquisition of the hill parcels will be out totally and that possibility will be lost. Vice Mayor Dalla said if you would like to go ahead with that development and it's not important enough for you to wait, then so be it. Councilman Van Deventer said he agreed with that. Mr. Provence said he did not want to debate; he could only say that the westerly parcels are acquired and owned by a separate entity from the easterly parcels and they have already completed their design drawings and the walls and the whole thing. Councilman Van Deventer said the point is they are talking about relocating a person and if we are going to relocate someone, he wanted to make sure he was happy and he thought we should give him the courtesy of at least two months to work this out and then bring it back; the developers could give too; it had to be a two-way street. Mayor Morgan said if he was the developer, he would just get in and develop it and forget about this property; buy what you can and go ahead and do it; this is the first time that we ever had people come in and have a private redevelopment and he could not see any way that we could get the Council to go ahead; so he would just go ahead and leave him up 1/24/84 Book 64 Page 50 there on the hill. Moved by Waters, seconded by Van Deventer, the hearing be continued for two months (March 27). Vice Mayor Dalla addressed (to Mr. Provence) saying, before you leave, you have indicated the people are ready to proceed and applications have been submitted; even if we were to approve this now, it would not happen tomorrow; we're talking about relocation payments, appraisals and modifications; even if we gave you everything you wanted tonight, it's not going to happen immediately. Mr. Provence said they just don't want to be put in a position two months from now to be starting over and then hearing we need another two or three months; for developers, time is money; they are waiting to move ahead. Vice Mayor Dalla said the parcel on Sweetwater Rd. that was to be condemned has been tied up in litigation; the same thing could happen here; what we're saying is that we would like to have two months to have this worked out and if not, then we'll move forward one way or the other. Motion carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Mayor Morgan recessed the Community Development Commission. Mayor Morgan called a three minute recess at 8:56 p.m. Council reconvened at 9:00 p.m. ROLL CALL: Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,230, "RESOL.UTION ABOLISHING 2-HOUR LIMITED TIME PARKING ON THE NORTH AND SOUTH SIDES OF 4TH STREET FROM ROOSEVELT AVENUE TO NATIONAL CITY BOULEVARD." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,230 be adopted. Carried by unanimous vote. Resolution No. 14,231, "RESOLUTION ABOLISHING 2-HOUR LIMITED PARKING ON THE EAST AND WEST SIDES OF 'A' AVENUE FROM 6TH STREET TO 7TH STREET, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,231 be adopted. Carried by unanimous vote. Resolution No. 14,232, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (for Storm Drainage Facilities Upgrading in Olive Avenue, Engineering Specification No. 937)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,232 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,233, "RESOLUTION APPROVING THE REPORT OF THE COMMUNITY DEVELOPMENT COMMISSION FOR THE PERIOD JULY 1, 1982 THROUGH JUNE 30, 1983 AND AUTHORIZING THE FILING THEREOF." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,233 be adopted. Carried by unanimous vote. Resolution No. 14,234, "RESOLUTION AUTHORIZING AND APPROVING A FIRST AMENDMENT TO THE CONTRACT WITH THE COUNTY OF SAN DIEGO FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, SEVENTH YEAR, 1981." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,234 be adopted. Carried by unanimous vote. Resolution No. 14,235, "RESOLUTION ADOPTING CLASS SPECIFICATIONS AND FIXING COMPENSATION FOR A NEW POSITION OF JUNIOR CIVIL ENGINEER." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,235 be adopted. Discussion. Carried by unanimous vote. 1/24/84 Book 64 Page 51 Resolution No. 14,236, "RESOLUTION OF AWARD OF CONTRACT (Lighting Controls Installation at Kimball Park and Las Palmas Park, Engineering Specification No. 942)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,236 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,237, "RESOLUTION COMMENDING SWEETWATER HIGH SCHOOL FOOTBALL TEAM ON THEIR WINNING THE SAN DIEGO SECTION III CIF CHAMPIONSHIP." Moved by Waters, seconded by Camacho, Resolution No. 14,237 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,238, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE PURCHASE OF A 5-GANG FIELD MOWER." Discussion. Moved by Waters, seconded by Camacho, Resolution No. 14,238 be adopted. Further discussion. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION (FIRST READING) "Ordinance of the City Council of the City of National City, California approving a Minor Amendment to the Redevelopment Plan and the Relocation Program for the National City Downtown Redevelopment Project, National City, California," was listed on the agenda but not presented. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 29, dated January 17, 1984, in the amount of $223,487.08 (Warrants Nos. 82433 through 82508 [voided 82433, 82439 and 82456]) was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The CLAIM FOR DAMAG-S of Clark Matthew Earls, arising from an accident on October 15, 1983, and filed with the City Clerk on January 16, 1984 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of David W. Daniels, arising from an incident on November 12, 1983, and filed with the City Clerk on January 12, 1984 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The Purchasing Agent's request for AWARD OF BID G.S. 8384-4 for PURCHASE of 5-GANG MOWER with transport frame (The Park Dept. uses a 5-reel gang mower with transport frame to care for and maintain the lawns in all the City parks; bids were solicited from 8 vendors with 2 respondents; the best bid in all respects was submitted by San Diego Toro for $18,135.54; the City's current mower will not be traded in; staff feels we could realize a higher return in the auction process; only $9,500 was budgeted and is available in Account No. 643-422-224-511 for this purpose; an additional transfer and fund appropriation requested and approved under Resolution No. 14,238, Item 13, this agenda; staff recommends Bid G.S. 8384-4 be awaxt:ed to San Diego Toro for $18,135.54) was presented. Moved by Waters, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. The City Engineer's request for RATIFICATION of CONTRACT CHANGE ORDER NO. 1 (Final) for STORM DRAINAGE FACILITIES UPGRADING in OLIVE AVENUE, Engineering Spec. No. 937 (construction of catch basin required removal and replacement of additional sidewalk; funds are available; staff recommends approval) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Carried by unanimous 'Dote. 1/24/84 Book 64 Page 52 The City Librarian's request for DISTRIBUTION of SB 358 FUNDS to LIBRARY BUDGET (City Librarian Monroe received notification from the State Librarian that $13,353 have been allocated to National City Public Library for 1983-84 from SB 358, the Library Funding Bill; a payment of 2/3 of the allocated amount is to be distributed to the City within 6 weeks from the date of notification and the remaining 1/3 to be distributed on May 15; the library, with the Library Board's approval, is requesting these funds be distributed to the library budget in the following manner: $3,353 to Acc unt 304 for library books; $10,000 to Account 299 for contract services to continue and maintain ongoing automation projects; approved by the Library Board of Trustees at their regular meeting of Wednesday, January 11, 1984) was presented. Moved by Van Deventer, seconded by Camacho, in favor of the Library Board of Trustees' recommendation. Carried by unanimous vote. The request of the FRATERNAL ORDER OF EAGLES for TEMPORARY USE PERMIT to conduct a "LAS VEGAS NITE", February 4, 1984 from 6:00 p.m. to midnight at 1131 Roosevelt Ave. (This event is a fund raiser for the Eagles and they request a waiver of all fees; Building & Safety, Planning, Fire, Finance and Police Departments have reviewed and recommended approval subject to the following conditions: 1. Event must be held in accordance with the guidelines set down by the District Attorney's Office, County of San Diego; No Bingo; 2. Event subject to inspection by the NCPD; 3. Occupant loads shall be as noted on floor plan and shall be posted the same; 4. Exits shall be a minimum of 36" wide and unobstructed; 5. Exits shall be maintained unobstructed; 6. Two 2A:IOBC fire extinguishers shall be provided; 7. Sufficient ashtrays shall be provided; 8. Secure permit from Fire Dept.) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICE OF DECISION Planning Commission Resolution No. 62-83, APPROVING ZONE VARIANCE to ALLOW DIVISION of .54 ACRES into TWO PARCELS, one of which will have only 25' of frontage in lieu of required 50' at 1239 '0' Ave., Z-7-82 (Applicant proposes to divide .54 acres into 2 parcels as follows: Parcel 1: 6,400 sq. ft. in area with 24.77 linear feet of frontage on '0' Ave. in lieu of the required 50'; Parcel 2: 15,420 sq. ft. in area with 76 linear feet of frontage on Palm AVQ.; this parcel contains a single family residence; access to Parcel 1 is from '0' Ave. and access to Parcel 2 is via an 18' wide easement over Parcel 1; access to Parcel 2 from Palm Ave. is precluded due to topography; site topography slopes are moderate to steep at 5-25% across Parcel 1 and 5-35% across Parcel 2 in a North Easterly direction; property zoning and general plan designation is RS-2; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. The report of the TRAFFIC SAFETY COMMITTEE from their meeting of January 11, 1984 was presented. Moved by Van Deventer, seconded by Camacho, the report be approved. Carried by unanimous vote. CITY MANAGER City Manager McCabe asked the Purchasing Agent to display a design for the new "Welcome to National City" signs. Discussion. Moved by Morgan, seconded by Van Deventer, in favor of the proposed design, but delete 'California' and add 'Founded in 1887'. Further discussion. Carried by unanimous vote. CITY ATTORNEY - No report. 1/24/84 Book 64 Page 53 OTHER STAFF The City Clerk spoke of the Claim for Damages of Julia Hernandez, denied by Council on January 10, 1984, saying this claim should have been denied for reason of "late filing" and our insurance carrier requests Council move to deny Mrs. Hernandez' claim for reason of late filing. Moved by Van Deventer, seconded by Camacho, this claim be denied for reason of late filing. Carried by unanimous vote. MAYOR Mayor Morgan inquired if bids had been obtained for air conditioning at the Casa. Discussion. Moved by Morgan, seconded by Waters, the City Manager be authorized to go to bid using the funds set aside for the Public Relations Position. Further discussion. Carried by unanimous vote. CITY COUNCIL Councilman Waters invited Council to attend the annual meeting of the Historical Society at Granger Hall, 1:00 p.m., Sunday, January 29. Vice Mayor Dalla inquired if individual copies of Resolution No. 14,237 would be ready to distribute to the Sweetwater Football Team on Saturday. City Manager McCabe assured him they would be. ADJOURNMENT Moved by Van Deventer, seconded by Camacho, the meeting be adjourned to 4:00 p.m., February 7, 1984. Carried by unanimous vote. The meeting closed at 9:22 p.m. Ur CL E CITY LE The foregoing minutes were approved at the regular meeting of the City Council on February 7, 1984. / Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/24/84