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HomeMy WebLinkAbout1984 11-20 CC MINBook 65/Page 64 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 20, 1984 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalia, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, McCabe, Post, Stafford, Interim City Attorney Tobin. 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. Mike Hanson, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Cooper, the minutes of the regular meeting of November 13, 1984 be approved. Carried by unanimous vote. PRESENTATION Fire Chief Kimble and Susan Schwartz, Assistant Dean, National University, presented $750 scholarships to Engineer Bill Holloway and Engineer Randy James, NCFD, for their dedication and leadership. APPOINTMENTS The Mayor's proposed appointment of Kathleen vanArum to the Traffic Safety Committee was presented. Moved by VanDeventer, seconded by Cooper, in favor of this appointment. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS DOUGLAS NORMAN, 2839 'N' Ave., asked to be heard under the Report of American Golf Corp. ADOPTION OF RESOLUTIONS Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,483, "RESOLUTION ESTABLISHING THE NATIONAL CITY DISASTER PREPAREDNESS VOLUNTEER PROGRAM." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,483 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,484, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO SIGN AN IMPROVEMENT AGREEMENT BETWEEN SOUTHERN ADJUSTMENT BUREAU, INC. AND THE CITY OF NATIONAL CITY." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,484 be adopted. Carried by unanimous vote. Resolution No. 14,485, !'RESOLUTION DENYING AN APPLICATION FOR ZONE VARIANCE TO ALLOW A REDUCTION IN THE NUMBER OF OFF—STREET PARKING SPACES REQUIRED IN CON UNCTION WITH A MEDICAL OFFICE ON PROPERTY LOCATED AT 305-315 EAST 12TH STREET (Applicant: Gabriel Arce — Z-3-83)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,485 be adopted. Carried by unanimous vote. Resolution No. 14,486, "RESOLUTION AUTHORIZING STAFF TO SUBMIT FORMS AND APPLICATIONS NECESSARY TO APPLY FOR HISTORIC PRESERVATION GRANTS—IN—AID FUNDS." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,486 be adopted. Carried by unanimous vote. Resolution No. 14,487, "RESOLUTION DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW A 3—STORY, 21—BED, BOARD AND CARE FACILITY FOR THE ELDERLY ON PROPERTY LOCATED WITHIN THE 700 BLOCK OF 'G' AVENUE, WEST SIDE (Applicant: Pacific Delta — CUP 1984-14)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,487 be adopted. 11/20/84 Book 65/Page 65 Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. Resolution No. 14,488, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT (To allow development of 3 detached single—family dwellings on property located at 304 Norton Avenue: PD-7-84, Robert Thompson)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,488 be adopted. Carried by unanimous vote. Resolution No. 14,489, "RESOLUTION DENYING WITHOUT PREJUDICE APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES BETWEEN THE HOURS OF 12 MIDNIGHT AND 2:00 A.M., AT 105 EAST 8TH STREET (Applicant: McDini's, Inc. — CUP 1984-23)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,489 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,490, "RESOLUTION APPROVING A TWO—YEAR EXTENSION IN THE EXPIRATION DATE OF THE TENTATIVE SUBDIVISION MAP FOR 'MORNING BREEZE' SUBDIVISION (Proponent — SRT Engineering & Associates)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,490 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Resolution No. 14,491, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE 9TH STREET DRAINAGEWAY PROJECT." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,191 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,492, "RESOLUTION ENDORSING SUBMISSION OF A PROPOSAL FOR GRANT FUNDING UNDER THE CALIFORNIA LIBRARY SERVICES ACT LITERACY PROJECT." Moved by VanDeventer, seconded by Waters, Resolution No. 14,492 be adopted. Carried by unanimous vote. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 20, dated November 13, 1984, in the amount of $92,830.61 (Warrants Nos. 85620 through 85714) was presented. Moved by Waters, seconded by VanDeventer, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The CLAIM FOR DAMAGES of LOUIS ATTIQ (ONE TEN LIQUOR), arising from flood damage on October 9, 1984, and filed with the City Clerk on November 12, 1984 was presented. Moved by Dalla, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIMS FOR DAMAGES of TEODOLO MELENDREZ and PABLO GUEVARA, arising from an incident on September 21-22, 1984, and filed with the City Clerk on November 14, 1984 were presented. Moved by Dalla, seconded by VanDeventer, these claims be denied and referred to the City Attorney. Carried by unanimous vote. WRITTEN COMMUNICATIONS A letter from the NATIONAL CITY CHAMBER OF COMMERCE requesting USE of the KIMBALL COMMUNITY BLDG. and KITCHEN FACILITIES on Saturday, January 26, 1985 from 6:00 p.m. to midnight for their Annual Dinner Meeting with authorization to serve ALCOHOLIC BEVERAGES was presented. Moved by Cooper, seconded by VanDeventer, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS The Parks & Recreation Director's request for P.A. SYSTEM and PORTABLE STAGE (Staff was instructed to look into the cost of either purchasing or renting a new public address system for use with the portable stage during the July 4th activities; a new system was demonstrated in the Bowl which provided excellent sound; the amplifier is rated at 100 watts in comparison with 45 watts which is currently in use with the stage unit; the cost of purchasing this new system would be approximately $3,000; the cost of renting a comparable system would be 11/20/84 Book 65/Page 66 approximately $300 for two days; this would include set—up and take —clown by the rental company; funds would have to come from Non —Governmental Purposes; staff recommends renting a unit rather than purchasing, since this system would only be used for the July 4th activities within the department) was presented. Moved by Morgan, seconded by Cooper, we purchase this equipment. Discussion. Carried by unanimous vote. The request of CHURCH OF GOD OF PROPHECY for a TEMPORARY USE PERMIT (Class A) to hold a CHURCH BAZAAR on December 1, 1984, from 10:00 a.m. to 4:00 p.m., at 2107 'I' Ave. (The Church of God of Prophecy requests a TUP to conduct a church bazaar in their church located at 2107 'I' Ave. to assist youth of the church and missionaries; Class A Temporary Use Permits require Council approval; applicant also requests waiver of the $2,500 clean—up bond, $100,000 TUP fee, $50 inspection fee and the $25 per day license fee; staff recom mends approval subject to the Fire Department's requirement to obtain a public assembly permit prior to the event) was presented. Moved by Van Deventer, seconded by Dalla, in favor of this request. Carried by unanimous vote. The request of BAY CITY MARINE for TEMPORARY OFFICE TRAILER at 1204 W. 32nd St. (On October 23, Council reviewed a staff report related to the Bay City Marine Office Trailer, and directed staff to meet with representatives of the company and develop a method of improving the appearance of the trailer office; staff has developed a method, prepared plans and a meeting will be conducted prior to the Council meeting with staff and Bay City Marine; staff recommends the method of upgrading the appearance of the office trailer be approved) was presented. Discussion. Moved by Cooper, seconded by VanDeventer, the trailer at Bay City Marine be approved (not setting a policy; all other requests for trailers to be considered on their own merits), and a CUP to be obtained prior to starting improvements. Carried by unanimous vote. Councilman Cooper commended Building & Safety Director Reid for working with people; it is great that we have someone who will take the time to work with people. The Asst. to the City Manager/Personnel's report on OPTIONAL BENEFITS FOR PRIOR RETIREES (As requested, additional information has been obtained concerning possible increases in retirement allowances for prior retirees; Mr. Bruce L. Bassett, Chief, Field and Contracts Services Division of the Public Employees Retirement System was contacted; See Document No. 71357) was presented. Mayor Morgan said he would like to have this explained to him. Asst. to the City Manager/Personnel Schulman said if we contracted for one of these optional programs, a study would be done to see what the specific rates would be; Mr. Bassett gave us estimated figures and said we would be com mitted for approximately fifteen years to the higher rates; after fifteen years the rates would depend upon studies at that time based on our experience. Discussion. Mr. Schulman continued, depending upon which one of the options was elected, the minimum cost would be $6,460.30 per year; the maximum would be $80,753.00 per year; this would represent a 4% increase; under the current system, the retirees would not receive that benefit; the 1978 and prior retirees would not receive any benefit from that; employees who retired after 1978 would receive some benefit, but the amount they would receive would depend upon how fast the cost of living increases; the PERS system grants up to 2% increase each year based on cost of living. Mayor Morgan said he would like to see more study on this. Further discussion. Councilman Van Deventer said the bulk of the retirees we want to benefit retired prior to 1978 and they won't get anything. Mr. Schulman continued, the City would pay into this for fifteen years, but the retirees would only benefit for twelve months because it would take the State that long to recalculate how much they are going to kick in to pay for that increased benefit; they would do the calculations and then, in effect, we would be replacing State money with City money; these people would get increased beneifts for twelve months, but at the end of that time, they would go back to the same level that they would have been if the City had not been paying any additional funds. Councilman Cooper said we need more information on this. City Manager McCabe said this is a confusing issue; the cost benefit is not in favor of the City to implement this; the State pays the retirees at a 75% level of their former salary; they have created another fund and every time it dips, the fund provides the money to keep the employees at at 75% level; the City would be paying more money to up the employees, but at the end of that time, the employees, through inflation, would drop a tittle bit and 11/20/84 Book 65/Page 67 the fund would supplement again; after the first year, the employees would still be at the same Level, but the City would be responsible for paying for fifteen years on this change. Further discussion. Vice Mayor Waters said there are Police Lieutenants and Captains who retired 25 years ago and are only drawing $3-400 a month; when they retired the money was adequate, but now they are far behind the people retiring now; these are the people Council wanted to help. Mr. Schulman continued, the system is not set up so that someone who retired twenty years ago is going to get the same number of dollars as someone who retired fast year. Vice Mayor Waters inquired if we have to go by their system 100%. Further discussion. Councilman Cooper said he cannot see paying for fifteen years so retirees can draw an increase for twelve months, and suggested we take the $80,000 per year and find out how many people we have, and see what we can do for them with the $80,000. Mayor Morgan asked Mr. Schulman to bring back a report on this. A report by AMERICAN GOLF CORPORATION regarding GOLF COURSE DEVELOPMENT was presented. SANDY BURNS (American Golf), Los Angeles, was present and said they have a problem; the golf course is going to be an outstanding facility; the remodel has gone astray and they have redone the entire golf course; they have had some discussion with their neighbors about the telephone poles that will be used for the driving range, and they are hopeful it can be worked out in a way that is satisfactory to everyone concerned; there are two water lines that cross the golf course in areas that create a problem for the golf course; one is on hole number three, but they think they can overcome this problem without having to move it; the water line on the 7th hole creates a blind shot from the tee to the fairway because of its depth; this problem will cost a considerable amount of money and they are requesting that Council share in the additional cost (maximum of $12,0000). Moved by Morgan, seconded by VanDeventer, the City appropriate $6,000 to help lower the water line. Discussion. JOE SHANNON (American Golf) was present and said the water district gave him a figure of $10,000 plus or minus. Mr. Burns continued, he would like the City to share in the cost, the City's share not to exceed $6,000. Motion and second withdrawn. Moved by Morgan, seconded by VanDeventer, the City pay half the cost of lowering the water line to a maximum of $6,000. Carried by unanimous vote. Mr. Burns spoke of the clubhouse and displayed renderings and a floor plan. Discussion re the dining facility. Mr. Burns said it would be a coffee shop/snack bar type operation. Further discussion. Councilman Dalla said when we originally negotiated the lease, we had a site (acquired prior to the previous operator's leaving) for a restaurant, and inquired if that area was included in the terms of the agreement with American Golf. Mr. Burns responded, the City Attorney, at that time, reserved the right to do as the City pleases with that piece of property; it would be in the best interest of all to use it for parking. Further discussion. Moved by Morgan, seconded by VanDeventer, the plans for the golf course, club house and parking be approved in concept. Further discussion re parking and lighting. Motion carried by unanimous vote. DOUGLAS E. NORM AN, 2839 'N' Ave., was present and said he would like Mr. Burns to address the issue of the utility poles. Mr. Burns said Mr. Norman has a legitimate concern about the utility poles they have installed to hold up the protective screen around the driving range; he understands that the poles have to be there, but is concerned about the spacing (30' centers); in order to take the weight of the fencing and the wind load factor, the poles have been placed 30' on center; they would be more than happy if the City would allow them to remove some of the poles; they considered planting fast—growing trees in front of each of the poles. Further discussion. Councilman Cooper inquired if the poles could be shortened. Mr. Burns replied in all probability, some of the poles will be cut off to 5'; it would create a very real danger if the fence is lowered. Mr. Norman returned to the podium and said he supports the golf course 100% and he applauds the City's efforts; he realizes there has to be some kind of protection there; however the poles look like a 60' picket fence; if it is feasible from an engineering standpoint, he would like to see some of these poles removed; he would like to see some specific proposal. Further discussion. CITY MANAGER City Manager McCabe asked the City Engineer to report on the status of the Civic Center roof. City Engineer Stafford said General Tire Co. sent out three of their experts last week to work with the contractor in repairing the roof; part of the process was to split open the PVC membrane and remove some of the saturated fiberboard; whatever they did -made the situation worse; as far as he can tell, when they put in the new fiberboard, it was improperly resealed; the contractor guaranteed he would fix it; basically, he's going to put on a new roof; as long as 11/20/84 Book 65/Page 68 he is making an effort, and as long as we are keeping track of the cost to repair the damage, and can bring action against the bond, we should let him proceed, at least for the next few days. Mayor Morgan said our staff has got to take some of the blame along with the builder; he put on exactly what he showed them he would put on and staff should have checked into it. Mr. Stafford continued, he has had the damages investigated and we should be getting a report soon; perhaps we should engage an engineering testing lab to control the work and see that it is done properly; he is skeptical that the system will ever be perfect. Discussion. Mr. Stafford said he is concerned about the pigeon droppings; they said they would clean it up. DOUGLAS E. NOR MAN returned to the podium and said he and Mr. Burns had reached an agreement, one that he is happy with; he will withdraw his opposition to the project. CITY ATTORNEY — No report. OTHER STAFF The City Clerk's report on OPENING OF SEALED BIDS, KIMBALL PARK CHANNEL CONCRETE AND GRASS LINED COMBINATION (Two bids were received: Dyno Construction, Inc. — $223,155.00; Scheidel — $298,958.00) was presented. Ordered filed by unanimous vote. MAYOR Mayor Morgan reported he gave $2-300 in order that a man could move into a single—family home; he was told he could not move in until a bond was put up; the man has called several times saying the Mayor should get his money back. The Mayor would like the City Attorney to look into this and bring back a report next week. Mayor Morgan expressed concern about the Downtown project good will and condemnation, saying we need someone to help us; we have $1,300,000 for good will; the good will business was started back in 1976 and we need somebody that can help us in this situation; we had a man aboard who handled these cases and he won most of the big cases we had in the City, and he thinks the staff should negotiate some kind of agreement for to handle this. Moved by Morgan, seconded by Waters, we authorize staff to work with Don McLean and work out some kind of agreement and bring it back to Council within a week or two weeks. Councilman Van Deventer said we need an attorney to handle it; however, this is a redevelopment item; he would like the City Attorney's opinion. Interim City Attorney Tobin said to the extent the City is a party in condemnation matters, Council can act; whether or not Council feels the urgency to do it now is up to the Council; Council is in the process of interviewing for the job of City Attorney; there are a number of approaches to the problem and Council is in a position to do whatever it wants to; Council cannot bind the CDC tonight in their action; to the extent that the City is a party, Council can retain whomever they want whenever they want; it may be something Council would want to involve whoever is coming aboard; the person who handles the condemnation actions would generally work with Council. Councilman VanDeventer said he would like to know what the total availability is and what relation we would have since he has another case coming forward; it would be proper to bring it back as an agenda item for the first Redevelopment meeting next month. Discussion. Councilman Cooper said he doesn't think it would be fair to contract with some other attorney; we should finish interviewing attorneys first; a study could be done to find out what Mr. McLean would charge and be brought back in two weeks; he has been trying to find out from Mr. Peterson what the good will is for a month. Further discussion. Councilman Van Deventer said he would clarify it and say we send out proposals to condemnation attorneys only, with the report to come back the second meeting in December. Interim City Attorney Tobin inquired if that is a request of the staff to produce this report and bring back to Council. Councilman VanDeventer replied that is correct. Moved by Morgan, seconded by VanDeventer, staff be authorized to send out proposals to condemnation attorneys and a report be brought back to the December 11 meeting. Councilman Dalla said suddenly we are concerned about the cost downtown; two weeks ago there was no concern because there was plenty of money; he is concerned about the downtown project; before we set foot in court, we are short of funds and he gets the feeling the litigation will be blamed for the shortages; we are short now and we haven't even set foot in court; if we bought all the property tomorrow, we would not have any money for demolition, 11/20/84 Book 65/Page 69 grading, relocation or public improvements. Mayor Morgan said when the bonds come in, we will not be short. Further discussion. Councilman Dalla continued, we may need an attorney solely for condemnation; some of the people we are considering for the position of City Attorney indicated they had some experience in condemnation. Councilman Van Deventer said before we do anything, we need to know what kind of costs we're talking about, and we should have an opportunity to finish interviewing attorneys. Further discussion. Interim City Attorney Tobin said he would be the staff member to conduct the necessary study and prepare the report along with the City Manager; in the process he will tell Mr. Peterson what is happening and the report probably can come on the agenda for both agencies; the City has instituted litigation over the last few weeks in certain condemnation actions, and at certain points in time in the processing of a case, you need additional expertise; Council's thought to involve whoever will ultimately be the City Attorney in the process makes sense because it has to operate as a team in the litigation. Further discussion. Councilman Cooper said he has some reservations about using Don McLean because he will be bringing the Valley Land deal to Council; would there be a conflict of interest? Further discussion. Motion carried by unanimous vote. CITY COUNCIL Councilman VanDeventer inquired about the hiring of a PR person. City Manager McCabe replied interviews would be next week; we should have an answer in 2-3 weeks. Councilman VanDeventer said we have only one interview for tomorrow and requested it be re —scheduled. Vice Mayor Waters said the Historical Society had been offered the organ from the California Theatre; it will require $21,000 to install and contributions would be appreciated. ADJOURNMENT Moved by Dalta, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., Tuesday, November 27, 1984. Carried by unanimous vote. The meeting closed at 5:37 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of November 27, 1984. Corrections CITY OF NATIONAL CITY, CALIFORNIA 11/20/84