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HomeMy WebLinkAbout1984 11-27 CC MINBook 65/Page 70 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 27, 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: Dalla, VanDeventer, Waters, Morgan. Absent: Cooper. 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 Van Deventer, seconded by Dalla, the minutes of the regular meeting of November 20, 1984 be approved. Carried by unanimous vote. Absent: Cooper. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The CONTINUED PUBLIC HEARING on COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1985-1986 (This hearing was continued from October 23; the purpose is to obtain the views of citizens and to respond to citizen proposals regarding the Community Development Block Grant Program; the Program presently proposed is as follows: Home Loans — $200,000; multipurpose gymnasium — $150,000; traffic signals — $150,000; street lights — $100,000; drainage facilities — $100,000; redevelopment — $400,000; the views, comments and proposals of low and moderate income persons, members of minority groups and residents of blighted areas are especially solicited; the Com mittee for Housing & Com munity Development recommends approval) was held at this time. (Certificate of Publication on file) ARNOLD PETERSON, Executive Director, Community Development Commission, was present and said the Committee for Housing & Community Development recommends the program as outlined in the guidelines. No one was present to speak in this regard. Moved by Van Deventer, seconded by Waters, the Public Hearing be closed and we move forward as recommended. Mayor Morgan said this is the only way we can get the money we need to straighten out the problem on 30th St. and National City Blvd.; we should take the $150,000 from traffic signals, the $100,000 from street lights, and $50,000 from drainage; that would raise the $300,000 that would assure us getting the two properties (the used car lot and the cabinet shop) and secure the ground so we could build; this would go a long way toward solving this problem. Councilman Dalla said this is the second hearing we've had and this is the first mention of making any changes; before it was sent to the Committee, Council considered various possibilities and there was no mention made at that time; we have promised over the years that people would benefit from certain activities and this is the first time we've divided up some of the money to benefit a larger segment of the com munity; the Com mittee has considered this and approved it, Council considered some recommendations before the Committee had it; nothing was mentioned at the prior hearing; going forward is the most logical thing we can do. Councilman VanDeventer said we are taking in needs of a lot of people and it would be for the overall benefit of the City, this gives a large variety of projects that have been needed for a long time; traffic signals, street lights and drains are needed and people have been asking for a gym for a long time; we should move forward as planned. Mayor Morgan said when this was set for public hearing, he asked if it was the right time to recommend changes and was told the Public Hearing was the opportunity to make changes; we are faced with a serious problem and we don't want to get into a situation where we can't get out; we could be sued; this would be one way to get this problem solved. Councilman Dalla said given the situation in the Downtown Redevelopment area, this is likely to be the only time we'll have an opportunity to distribute grant funds throughout the community; we should take advantage of the opportunity because in the next few years, we will have to 11/27/84 Book 65/Page 71 commit more of these funds to the project downtown. Councilman Dalla inquired if the traffic signals listed were taken from the study we had done. Mr. Peterson replied the three traffic signals listed (18th & National City Blvd., 8th & Paradise Valley Rd. and Fedco & Highland) are the ones listed in the Capital Improvement Plan, in the order listed. Councilman Dalla said if Mr. Peterson wasn't aware of any particular drainage needs for the $100,000, perhaps that money could be used to repair the crown ditch at 1000 block of Palm Ave. (Item 3 on the Agenda); there is a recom mendation for a temporary repair and that it be included in next year's CIP. Discussion. Vice Mayor Waters said a lot of these things are covered under our Revenue Sharing Program; with all the development taking place in this community, the money is coming in and it will be there to take care of the things the Mayor is concerned about; he would not like to see funds taken from other programs; the problem the Mayor is talking about is covered from funds from another area. Mr. Peterson said acquisition of Premium Auto Sales and the cabinet shop have not been a part of their project financing; the tax increment dollars received by the CDC must be paid to the Bank of America in Los Angeles; in 1986, 1987 and 1988 we can bring that money back. Further discussion. Councilman VanDeventer said the situation the Mayor is talking about is something we brought up a long time ago, and inquired if we had talked to the property owners about buying the properties. Mr. Peterson replied we have not. Further discussion. Councilman Dalla spoke of the money in the Bank of America and inquired how it would be distributed. Mr. Peterson replied we would receive $1,100,000 in 1986, $400,00 in 1987 and $300,000 in 1988; to that is added a quarter of a million dollars each year that the County Auditor/Controller has shown; under the terms of the Protection of the Bond Buyers, we cannot get that money back until we have demonstrated a year and a half of performance of payment of principal and interest with adequate reserves. Further discussion. Councilman Dalla said in Mr. Peterson's report certain income was identified as being derived from the sale of the property and inquired if it is likely we will benefit from the sale of any property until we have all the property available to sell. Mr. Peterson said if he were a developer, he would want to know for sure, by reason of his own control, or he would want to have it pinned down in a contract so he would know what was going to be built on the property across the street because it has a great deal to do with the value of his property. Further discussion. Councilman Dalla inquired if Mr. Peterson could assure him that we can proceed downtown without the necessity of borrowing any money from the City or utilizing any future Revenue Sharing or Block Grant Funds. Mr. Peterson said no such assurance can be made; the policy of the CDC is to proceed and make offers upon all of the properties; if the owner doesn't sell, we condemn the property and within six months we will have to put up the money; we would have to have about $1 million within six months and in addition, an unknown amount of money, depending upon costs; his estimate would be another half million and then another half million. Councilman Dalla inquired if Council had not directed Mr. Peterson to make offers on all the parcels, would we be able to pursue the project without the necessity for borrowing or getting money from other sources. Mr. Peterson replied if owner(s) of of one or two expensive —to —acquire parcels entered into an agreement of sale, we could do it. Further discussion. Mayor Morgan said if Mr. Peterson's figures work out, we will have plenty of money to do everything we want to do downtown. Further discussion. Motion carried by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Morgan. Absent: Cooper. The PUBLIC HEARING on APPEAL of PLANNING COM MISSION APPROVAL of CONDITIONAL USE PERMIT to ALLOW the operation of a GASOLINE STATION at 430 E. 8th St., Applicant: Joseph Shamai, CUP-1984-24 (...involves the proposed reopening of the Mohawk Gasoline Station at the SE corner of 8th and 'E'; the site contains a total land area of 17,550 sq. ft. and is presently developed with two buildings and two gasoline pump islands with canopy cover; this facility (pump island portion) was originally constructed in 1963 prior to the City's requirement for issuance of a CUP and has been classified by the City as a lawful non —conforming use since 1969; Combined Zoning/General Plan designation of this property is Commercial General; see Document No. 71389; a timely appeal of conditions imposed by the Planning Commission on the approval of this CUP was filed by Mr. Tim Speegle, representing Mr. Shamai, on October 23, 1984; staff recommends Council affirm the decision of the Planning Commission) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RAFAEL & ROSA MARIE SANCHEZ, 214 E. 2nd St., were present and said Mrs. Sanchez owns the apartments at 9th & 'E' and she doesn't think the 11/27/84 Book 65/Page 72 gas station should be reopened; there are a lot of residential homes around there and she doesn't think they need another business; a gasoline station would create a lot of traffic; there are a lot of school children walking in that area and they don't want to see them get hurt. Discussion. TIM SPEEGLE (representing Mr. Shamai) was present and said he sold this property to Mr. Shamai several years ago; at that time oil prices were high and it would not have been profitable to operate an independent service station; about a year later they were approached by an oil company which has a station in San Diego offering to lease the property; he came to the City to find out what was necessary and was informed that since the service station had not been in operation for more than a year, he would have to get a Conditional Use Permit for non —conforming use. Mr. Speegle outlined his efforts to obtain a C UP and said at the Planning Com mission hearing they imposed twelve conditions to granting of the CUP plus a thirteenth that Mr. Post brought up (Before the CUP shall become effective, all violations of the City's Land Use Regulations shall be corrected); he was told that the Land Use Code requires that all automotive type businesses be performed indoors; there are three other businesses in there and they are grandfathered in; if he makes them move their businesses inside, it will reduce their business considerably; as he understands it, by opening the service station, all of the businesses will have to conform as if they were new businesses. Discussion. Planning Director Post said Condition 13 is a catch—all condition to sum up the code violations staff witnessed on the subject site. Further discussion. Mr. Speegle continued he has a problem with some of the other conditions; he was told that the City Council was the only body that can approve reopening of the gas station the way it was operated before, with the other businesses being able to continue operating as they presently are; the Planning Com mission told him if he is allowed to reopen the gas station, all of the businesses will have to move indoors; the buildings were not built for indoor activity; if the gas station is reopened, the vehicles parked on the premises will be removed. Further discussion. Councilman VanDeventer said he had some concerns about the body shop sanding outside. Further discussion. Planning Director Post said he would suggest another condition that the sanding and related auto body activity shall take place indoors. Further discussion. Mr. Speegle spoke of Condition One requiring free air and restroom facilities, saying those things are already available. Further discussion. Further discussion. Mr. Speegle continued, Condition 2 refers to landscaping; the area in question is a concrete sidewalk. Further discussion. Moved by VanDeventer, seconded by Waters, the Public Hearing be closed and all 13 conditions plus a 14th condition added by Council (re sanding indoors) be adhered to. Carried by unanimous vote. Absent: Cooper. (Item 13) The Asst. City Manager's report on NOTICE OF EXEMPTION FROM LOCAL RATE REGULATION — COX CABLE, San Diego (Under Calif. State Law, cable television operators [franchises ] which meet certain pre —established standards and criteria may unilaterally exempt themselves from the rate regulation authority of local agencies; the Federal Cable Com munications Policy Act of 1984 which was passed and signed into law in October, "grandfathers" the California law for two years and provides that thereafter, Federal Communications Commission rate regulation policies [which have yet to be developed ] will apply; it is anticipated by many that these latter policies will, in effect, result in rate deregulation for cable nationwide; this has been the thrust of the FCC in the recent past; see Document No. 71390) was considered at this time. Moved by VanDeventer, seconded by Waters, this be received and filed. Discussion. Carried by unanimous vote. Absent: Cooper. ADOPTION OF RESOLUTIONS Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,493, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO REPAIR THE CROWN DITCH AT THE 1000 BLOCK OF PALM AVENUE." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,493 be adopted. Discussion. Carried by unanimous vote. Absent: Cooper. Resolution No. 14,494, "RESOLUTION AMENDING THE REDEVELOPMENT SURVEY AREA." Moved by Waters, seconded by VanDeventer, Resolution No. 14,494 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: VanDeventer, Waters, Morgan. Nays: Dalla. Absent: Cooper. 11/27/84 Book 65/Page 73 Resolution No. 14,495, "RESOLUTION AUTHORIZING AND DIRECTING THE PREPARATION OF A PRELIMINARY PLAN FOR AMENDMENT 11, NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT." Moved by VanDeventer, seconded by Waters, Resolution No. 14,495 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: VanDeventer, Waters, Morgan. Nays: Dalla. Absent: Cooper. Resolution No. 14,496, "RESOLUTION RESCINDING RESOLUTION NO. 14,460 AND GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE SOUTHERLY PORTION OF WILSON AVENUE BETWEEN 12TH STREET AND CIVIC CENTER D RIVE (SC-1-84)." Moved by Morgan, seconded by Waters, Resolution No. 14,496 be filed. Discussion. City Manager McCabe said there is an application in for this street closing and a tentative hearing established. Further discussion. Motion and second withdrawn. Moved by Waters, seconded by VanDeventer, this be set for public hearing on January 8 (Resolution adopted). Carried by unanimous vote. Absent: Cooper Resolution No. 14,497, "RESOLUTION DIRECTING THE EXECUTION OF QUITCLAIM DEED (Westcott Motors, Inc.)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,497 be adopted. Carried by unanimous vote. Absent: Cooper. Resolution No. 14,498, "RESOLUTION AUTHORIZING PURCHASE OF TRAFFIC CONTROLLERS AND RELATED SUPPLIES." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,498 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Morgan. Absent: Cooper. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 21, dated November 20, 1984, in the amount of $213,325.65 (Warrants Nos. 85715 through 85795), and CERTIFICATION of PAYROLL for the period ending November 15, 1984, in the amount of $270,107.42, was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Carried, by the following vote, to — wit: Ayes: Dalla, VanDeventer, Waters. Nays: Morgan. Absent: Cooper. The City Engineer's recommendation of a 50/50 SIDEWALK CONSTRUCTION PROGRAM (The following features are proposed for subject program: 1. Qualified applicants will include: a) Residents whose properties front on curb and gutter within a public street where no sidewalk is present, and b) Residential building permit applicants whose properties lack sidewalks and who are required under Ordinance 1491 to install public improvements; 2. Bids to be solicited from qualified contractors to perform work under this program at a fixed unit price for a one—year period; projected bid opening date is January 15, 1985; 3. Program can begin immediately on an interim basis when applicant deposits 50% of the estimated sidewalk construction cost; Engineering would then solicit informal bids with final cost to applicant to be adjusted on completion of the work; there are funds available for the program; staff recommends approval) was presented. Moved by VanDeventer, seconded by Dalla, in favor of staff's recommendation. Discussion. Carried by unanimous vote. Absent: Cooper. The City Engineer's recommendation for a 50/50 ALLEY CONSTRUCTION P ROG RAM (The following criteria is proposed for subject program: 1. Alley improvements under this program will result in a full width concrete section constructed per San Diego Regional Standard Drawing G-21; 2. Qualified participants will include owners of properties adjacent to public alleys within a General Commercial or Light Manufacturing zone; 3. Except where individual projects will result in full width improvements per Std. Dwg. G-21 along an entire lot, this program will be carried out by 1911 Act procedures; 4. Re —activation of previously attempted 1911 Act Districts for alley improvements will be pursued; there are funds available for the program; staff recommends approval) was presented. Moved by VanDeventer, seconded by Dalla, in favor of staff's recommendation. Discussion. Carried by unanimous vote. Absent: Cooper. The Planning Department's report on COMMUNICATION FROM CHULA VISTA INVESTMENT GROUP REGARDING DEVELOPMENT POSSIBILITIES OF 25 ACRES ON THE NORTH SIDE OF SWEETWATER CHANNEL IN NATIONAL CITY (Chula 11/27/84 Book 65/Page 74 Vista Investment Group requested they be allowed to appear before Council on November 27 to discuss the development possibilities of their 25—acre land holdings on the north side of Sweetwater Channel in National City; staff met with Mr. Charles LeMenager, their Executive Vice President, on several occasions to discuss the development options for the property located on the north side of the proposed Sweetwater Flood Control Channel; Chula Vista Investment Group owns a portion of the area that is proposed to be developed as a Beach Park under the Corps of Engineers recreation plan) was presented. Discussion. Moved by VanDeventer, seconded by Waters, this be held over one week (amended motion). Discussion. CHARLES LE MANAGER was present and discussed the project briefly. Further discussion. Motion carried by unanimous vote. Absent: Cooper. The Asst. City Manager's report on NOTICE OF EXEMPTION FROM LOCAL RATE REGULATION — COX CABLE, San Diego — See Page 72, Para. 2. The CLAIM FOR DAMAGES of ENRIQUE A. SALAZAR, arising from an incident on October 15, 1984 (previously filed giving the date of May 16, 1984), filed with the City Clerk on November 16, 1984 was presented. Moved by VanDeventer, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Cooper. OTHER BUSINESS The Asst. to the City Manager/Personnel's report on LONG—TERM DISABILITY PROPOSAL FOR EXECUTIVE AND MID —MANAGEMENT EMPLOYEES WITH MUTUAL BENEFIT LIFE INSURANCE (On July 17, 1984, Council adopted Resolution No. 14,383 approving salaries and benefits for executives and mid —managers; Council directed that these employees be offered a Long Term Disability Insurance Program in lieu of the lum sum payments j$300/year for executives; $200/year for mid — managers ] for insurance programs and other purposes; the City's insurance consultant received bids from two companies; the only bid received which was within the amount of money designated for this purpose was received from Mutual Benefit Life Insurance Co.; maximum cost is $6,900 per year; money is already appropriated in current budget; if the program starts December 1, 1984, the current year's cost would be $4,025; the premium rate is guaranteed for twenty—four months) was presented. Discussion. Moved by VanDeventer, seconded by Waters, it be approved. Motion failed by the following vote, to —wit: Ayes: Dalla, VanDeventer. Nays: Waters, Morgan. Absent: Cooper. Moved by VanDeventer, seconded by Dalla, this be continued to next week. Discussion. Carried by unanimous vote. Absent: Cooper. The City Engineer's report on BID RESULTS for KIM BALL PARK CHANNEL PROJECT (Two bids were received: Dyno Construction Co. — $223,155.00; Schidel Contractor — $298,958.00; Engineer's estimate — $157,670.00; budgeted amount — $192,720.00; it is probable that the poor response is due to concerns over inclement weather conditions and the marginal time of construction allowance; staff recommends the bids be rejected and the project be readvertised with bid opening set for May 1, 1985) was presented. Moved by VanDeventer, seconded by Waters, the bids be rejected and the project readvertised for May 1, 1985. Discussion. Carried by unanimous vote. Absent: Cooper. The City Engineer's report on DRAINAGE REQUIREMENTS — FIRST SAMOAN METHODIST CHURCH (City Engineer Stafford met with Reverend Lvatai at the Church site on November 17; Reverend Lvatai indicated the approximate location of a Church expansion project and asked if a building permit for same could be processed while resources were being accumulated to accomplish the storm drain work; Mr. Stafford explained that the present substandard fill material and pipe in the drainage way could result in property damage to existing structures as well as to the proposed church expansion should a severe storm occur and that the City could then be subject to damage claims for having issued the permit; Mr. Stafford advised him that this matter would be discussed at an upcoming Council meeting; Reverend Lvatai stated no further efforts could be made to expand the Church if the permit cannot be issued; Ordinances 886, 910, 988 and 1004 give Council authority to create a special fund for drainage purposes that might be applied to this case; as of September 18, 1984, there were no funds for such a project; staff recommends grading and drainage improvements be required as a part of any building permit process and the site be monitored during severe storms for possible emergency grading) was presented. Moved by VanDeventer, seconded by Waters, in favor of staffs recommendation. Discussion. Carried by unanimous vote. Absent: Cooper. 11/27/84 Book 65/Page 75 The Purchasing Agent's report on AWARD OF BID G.S. 8485-4, CONCRETE FOR STREET MATERIALS: ASPHALTIC CONCRETE AND SUPER COLD MIX (The City's annual requirements for two of its street materials were submitted to seven vendors; the 2,556 tons of Asphaltic Concrete is used for the Street Department's in—house overlay program and the 142 tons of Super Cold Mix are need for on —going street maintenance and repair; the lowest bids were submitted by Industrial Asphalt for the Asphaltic Concrete and Gulf Oil Co. for the Super Cold Mix; proof of publication for the Notice to Bidders is on file with the Purchasing Agent; all vendors will meet the City's requirements for a current Business License, Insurance Certificate and Affirmative Action Program; funds were budgeted for these contracts; staff recommends Bid GS 8485-4 be awarded to Industrial Asphalt in the amount of $69,983.28 and to Gulf Oil Co. in the amount of $4,315.38) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. Absent: Cooper. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF The City Clerk's report on OPENING OF SEALED BIDS, REPAIR TO NATIONAL CITY BLVD. BRIDGE AT SO. CHANNEL TO THE SWEETWATER RIVER, Spec. No. 951 (Two bids were received: Carolyn E. Scheidle Contractor — $89,692.00; Pennhall International — $72,089.00; Engineer's estimate — $33,012.00) was presented. Ordered filed by unanimous vote. Absent: Cooper. MAYOR — No report. CITY COUNCIL Councilman Dalla spoke in regard to Hearing No. 2 on the agenda, saying Mr. Speegle said they would like to operate for a year before adding some of the "expensive" conditions; if they plan to close operation of the gasoline station, Mr. Speegle should be advised that they would have to remove the gasoline tanks. City Manager McCabe said Mr. Speegle would be advised. ADJOURNMENT Moved by Waters, seconded by Van Deventer, the meeting be adjourned to 3:00 p.m., Tuesday, December 4, 1984. Carried by unanimous vote. Absent: Cooper. The meeting closed at 8:51 p.m. CITY CLE The foregoing minutes were approved at the regular meeting of December 4, 1984. Corrections No c..i ections M Y'R CITY OF NATIONAL CITY, CALIFORNIA 11/27/84