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HomeMy WebLinkAbout1982 01-12 CC MIN7 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 12, 1982 The regular meeting of the City Council of the City of National City was called to order at 7:00 by Mayor Morgan. ROLL CALL Council members present: Camacho, Dallas, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Grahl, McCabe, Assistant City Attorney Montandon. 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. Hubert Campbell. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of January 5, 1982 be approved. Carried by unanimous vote, PROCLAMATION The Mayor's proposed Proclamation of "NATIONAL YEAR OF DISABLED PERSONS - 1982" was read. Moved by Van Deventer, seconded by Camacho, this Proclamation be approved. Carried by unanimous vote. --' MAYOR'S APPOINTMENTS The Mayor's proposed appointments of Daniel Murphy, Chairman and Cornella Warren, Vice Chairperson to the Committee for Housing and Community Development were presented. Moved by Camacho, seconded by Van Deventer, in favor of these appointments. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The PUBLIC HEARING on CHANGE OF ZONE from Commercial -Central Business District (CBD) to Commercial -Central Business District - Planned Development (CBD-PD) at 906 THROUGH 914 E. 8TH STREET, Case File No. ZC-4-81 (on December 9, 1980, Interim Ordinance No. 1730 was applied to this property, adding the Planned Development Combining Zone; this case would make that designation permanent; the site consists of two parcels having 235' of frontage on 8th St.; in addition, the southerly portion of the site drops approximately 30' in elevation from 8th St.; several development proposals have been submitted for this property, and a Planned Development for an office complex was approved by Council on August 18, 1981; this case does not change the basic zoning of the site, but adds the PD overlay to the existing CBD zoning; staff concurs with Planning Commission recommendation in favor of this zone change) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated the Planning Commission and staff recommend approval. No one was present to speak in this regard. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed and all conditions of staff be adhered to. Carried by unanimous vote, The PUBLIC HEARING on PROPOSED ZONE CHANGE from RS-2 (Residential -Single Family) to CL (Commercial Limited) on property located BETWEEN 404 PALM AVE. AND 1531 E. 5TH ST., Applicant, Carl A. Chase - Case File No. ZC-5-81 (On November 23, 1981, the Planning Commission voted to approve this zone change; on September 15, 1981, Council approved a General Plan amendment on this property from Residential 6-10 dwelling units per acre to General Commercial; this proposal will bring the zoning into conformance with the General Plan; the subject site is currently vacant; 1/12/82 8 property to the North and East are developed with commercial uses; the South and West are single-family residential; staff concurs with the Planning. Commission's recommendation in favor of this zone change) was held at this time, The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler stated the Planning Commission and staff recommend approval. No one was present to speak in this regard. Moved by Waters, seconded by Van Deventer, the Public Hearing be closed and all stipulations of staff be adhered to, Carried by unanimous vote, The PUBLIC HEARING on RESOLUTION OF INTENTION NO. 13,689, 1911 Act Improvement of the ALLEY BETWEEN PROSPECT AND GROVE, 18TH TO 2OTH ST., DISTRICT NO. 214, Alley No, 80 was held at this time. The City Clerk reported the Certificate of Publication and Affidavits of Mailing and Posting were on file, and a petition of protest signed by 16 property owners (Ruby E. Sullivan, 1809 Grove St,, Cleo A. Donnella, 1815 Grove St., Philip H, & Marjorie C. Truka, 1825 Grove St., Jack J. West, 1835 Grove St., Jose C. Sepulveda and Arturo Sepulveda, 1845 Grove St., Dale J. Bennett, 1905 Grove St., Howard M. & Mary L. Woodard, 1927 Grove St., Joe M. Riggs, 1935 Grove St., Mr. & Mrs, Gordon J. Mitchell, 2138 East 18th St., Tommy G. & Claudean Nicholson, 1834 Prospect St., Edward J. Bochniak, 1902 Prospect St., Henry A. & Irene C. Cowell, 1908 Prospect St., Virginia L. Anderson, 1918 Prospect St., Arthur V. Ruiz, 1924 Prospect St., Robert E. Wilson & Charles R. Rivas, 1930 Prospect St., George J. Swanson, 1938 Prospect St.) was received, along with 5 letters of protest from the following property owners: Virginia L. Anderson, 1918 Prospect St., Philip H. & Marjorie C. Truka, 1825 Grove St., Mr. & Mrs, Gordon J. Mitchell, 2138 E. 18th St., Loneta D. Zimmerly and Ruby E. Sullivan, 1809 Grove St., Jack J. West, 1835 Grove St. ROBERT ONLEY, Engineering Staff Assistant, was present and displayed a map of the exterior boundaries of District 214, showing the areas to be improved; it is bounded on the North by 18th St., on the South by 20th St., on the West by Grove, and on the East by Prospect St.; construction costs have been estimated at $34,898.12, incidental expenses - $5,065.88, City contribution - $5,013.00, assessment - $34,951.00; we have 73.6% protest on this project, Discussion. Mayor Morgan said it has been the policy of Council for many years that if more than 51% protested on a 1911 Act project, it would be thm wn out. MR. DONNELLA, 1815 Grove St., was present and said he wanted the alley to be paved, but he signed the protest petition because he felt some of the other property owners might be hurt by it. Further discussion. No one else spoke in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed and this be dropped. Carried by unanimous vote. The PUBLIC HEARING on ASSESSMENT ROLL for the 1911 Act Improvement of Fig Court, DISTRICT NO. 203 was held at this time. The City Clerk reported the Affidavit of Mailing and Certificate of Publication were on file and written protests were received from the following property owners: Ron and Linda Krehel, 422 Parkway, Leucadia, Linda F. Briseno, 1340 Fig Court, Jose R. Morales, 1404 Fig Court, Robert C. Fleming, 1346 Fig Court, and Walter R. Ramsey, 1408 Fig Court. ROBERT ONLEY, Engineering Staff Assistant, was present and displayed a map of the exterior boundaries of District 203, showing the assessment numbers on each parcel and the areas of improvement. Mr. Onley reported construction costs were $302,482.19, incidental expenses were $41,450.06, for a total cost of $343,932.25; City contribution was $181,150.50, total assessed was $162,781.75. Mr. Onley stated he assessed the total sum upon the several lots, portions of lots and parcels of land so that it benefitted them each respectively in proportion to the estimated benefits received from each such lot, portion of lot and parcel of land. ALLEN ACOSTA, 1315 Division St., was present and said the improved street is at the rear of his property and he thought the sidewalk was to be omitted. Mr, Onley said this question had been brought up at the hearing for the Resolution of Intention; Mr. & Mrs. Ramsey asked to have the sidewalk removed from their assessment; Council considered it; they 1/12/82 9 were advised later by the City Attorney that you cannot remove an item from one assessment. RON KREHEL, 422 Parkway, Leucadia, was present and said he and his wife own approximately 700' of property on the North side of Fig Court; he is not protesting the work being done or the assessment, but the quality of work; the City and the property owners are putting a lot of money into this project, and the quality of the work done is very poor; it looks unfinished; the street was lowered from the original concept and it has destroyed the access to one of his rental units and created a dirt bank that is eroding; when he heard about this, after the fact, he talked to City Engineer Grahl to see if something could be done about it while the project was still under contract, but so far, nothing has been done. Discussion. Mayor Morgan said it is up to the property owners to dress up their own property on completion of the project. Mr. Krehel said dressing up his property was not the issue; the issue was the way the project came out from an engineering standpoint; if the engineers were doing their job right, they would have known how the project would look before the work was done. Further discussion. ROBERT FLEMING, 1346 Fig Court was present and said he lives across the street from Mr. Krehel's property and it is an eyesore; it spoils the looks of the street and something should be done with it. Mr. Fleming asked what kind of interest rates will be charged. Councilman Van Deventer said 6%. TIMOTHY RAMSEY was present to represent his parents, Walter R. & Gladys M. Ramsey, 1408 Fig Court, and said it is his understanding from a letter his parents received from the City that the imported fill costs for this project were approximately $44,000, with the City paying $23,000, the balance divided evenly throughout the entire assessment district; his parents were assessed $6,000, $845.51 of which was for this fill; the closest fill area to his parents' property is a block away. Mr. Ramsey requested his parents' assessment be reduced by the amount of $845.51. LINDA BRISENO, 1340 Fig Court, was present and said she is not happy with the finished job; when it rains, the dirt from the street and Mr. Krehel's property across the street washes down into her yard. Discussion. Councilman Van Deventer asked if we could bring some asphalt along there and pack the lower bank, from Mr. Krehel's second unit up to the other end, along next to where all the dirt is coming across the sidewalk and making a mess. City Engineer Grahl said since it is private property, the City would have to obtain permission from the property owner first. Further discussion. Moved by Waters, seconded by Van Deventer, Mr. Krehel's protest be referred to the City Manager and the City Engineer and they be instructed to meet with the property owners and come back with a price to asphalt that area, and if they approve it, we consider doing that. Carried by unanimous vote. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed and all stipulations of staff be adhered to. Carried by unanimous vote. The PUBLIC HEARING on WEED ABATEMENT for the period June 25, 1981 to November 18, 1981 (staff recommends modified report and account be approved) was held at this time. PRISCILLA PIZARRO, 2531 Mt. Ariane Terrace, San Diego, was present and said after receiving her Weed Abatement Notice from the Fire Department, she got in touch with Mr. Leavitt, who told her it would cost $700 to clean up her property (parcel no. 557-140-08); she told him that was too much and contracted with Mr. Sanchez to clean up her property for $400. Mrs. Pizarro said she received a letter from the Tax Assessor notifying her that she owed $703 for weed abatement on parcel no. 557-140-31 and a notification from the City that she owes $306 for abatement of weeds on parcel no. 557-140-08. Mrs. Pizarro said she did not receive adequate notice; she further stated she had advised Mr. Leavitt that she was contracting with someone else, who did clean up her property; now the City is billing her for Mr. Leavitt's work. Discussion. ALFREDO GREGORIO, 3202 S. Barcelona, Spring Valley, was present and said he wanted to protest the cleanup of his property at 2526 E. 16th St., in the amount of $1,350.10. Mr. Gregorio said that after he received his Weed Abatement Notice from the Fire Marshal, he contracted with someone to clean up his property; after 1/12/82 10 it had been cleaned, he contacted the Fire Marshal to inspect his property; he received a call from the Fire Marshal saying he needed to do some more cleanup around the abandoned house, and secure some of the broken windows; he contacted the people who did the work for them and after the complete cleanup, he called the Fire Marshal to inspect again. A week later, he received a call from the Fire Marshal congratulating him on the good job done on the property; shortly before the end of the year, he received an assessment from the City in the amount of $1,350.10. Fire Marshal Devendorff reported the work on Mr. Gregorio's property was done on June 29; he had, in his possession, the before and after pictures of the property (approximately 21 acres). Discussion. DON LEAVITT, abatement contractor for the City, was present and said that Mr. Gregorio's property measured 95,680.09 sq. ft.; there is approximately 12,450 sq. ft. of structure, work paths and other non -work surface, leaving a mowing area of approximately 76,000.09 sq. ft. at 1C per sq. ft.; 7,230 sq. ft. was cleaned with hand equipment at 20 per sq. ft,; material was raked, loaded in trucks and hauled away, calculated at a mean level (for hauling purposes) at 750 sq. ft. per cubic yard. Mr. Leavitt further stated that Mrs. Pizarro did contact him on the basis of a non -city bid; he told Mrs. Pizarro he would check the property out and give her a bid; when he went out and walked the property, he determined the bid would be between $900 and $1,000; Mrs. Pizarro told him she would find someone cheaper and he heard nothing further from her. JULIETTA GREGORIO, 3202 S. Barcelona, Spring Valley, was present and restated Mr. Gregorio's views. In response to the question, "Who, from the Fire Dept. said your property was cleaned satisfactorily?", replied she did not knpw. Discussion, CONSTANCIO NAVARETTE, Bonita, was present and said he is the owner of parcel no. 558-330-09, and he has received a bill for $321; the breakdown of the work is as follows: mowing - 5,400 sq. ft., hand work - 7,550 sq. ft., and hauling of trash, amounting to 17 cubic yards. Mr. Navarette further stated he had already contracted with someone to do the work; the work was halfway done when the equipment broke down; last year he was billed $167 for the entire property; why is it $321 for just half of the property this year ? Navarette said he did not intend to pay the $167 fee for last e Mr.because he did not own the property at the time the work was done. Mayor Morgan said he would have to take that matter up with the Tax Assessor. DON LEAVITT returned to the podium and said he had the photos of Mr. Navarette's property; these photos show trash deposited by neighbors, old mattresses etc. Discussion. WILLIAM BARTON, 1917 'N' Ave. was present and said he would like to see the City take care of their own trash. Mayor Morgan asked the City Manager to check into this. No one else was present to speak in this regard. Moved by Van Deventer, seconded by Camacho, staffs modified reports be approved. Carried by unanimous vote. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed. Carried by unanimous vote. Police Chief Hart was present and recommended that Council submit a letter to the Board of Supervisors urging that they use the AB 189 funds to support ARJIS. Moved by Van Deventer, seconded by Camacho, in favor of Chief Hart's recommendation and we notify all other cities of our action. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,720, "RESOLUTION AMENDING RESOLUTION NO. 13,701, AND RESCINDING RESOLUTION NO. 13,715 PERTAINING TO THE SUBMISSION OF A QUESTION TO THE ELECTORS RELATING TO A TRASH AND GARBAGE PROCESSING PLANT." Moved by Dalla, seconded by Van Deventer, Resolution No, 13,720 be adopted. Discussion. Moved by Dalla, seconded by Van Deventer, the first paragraph of the Resolution be amended to read as follows: 1/12/82 11 "WHEREAS, the Sander Board of Directors has indicated they are no longer considering National City sites for proposed trash and garbage processing plant, and "WHEREAS a public vote on such a facility thus appears unnecessary at this time ..." with the remainder of the Resolution to read the same. Amendment carried by unanimous vote. Original motion carried by unanimous vote. Resolution No. 13,721, "Resolution ordering work (Alley No. 80 from 18th - 20th Street between Grove Street and Prospect Street, Assessment District No. 214)." Was not presented, Resolution No. 13,722, "Resolution adopting wage scale (Alley No. 80 from 18th - 20th Street between Grove Street and Prospect Street, Assessment District No. 214)." Was not presented. Resolution No, 13,723, "RESOLUTION CONFIRMING ASSESSMENT (Fig Court, Gilbert Lane Westerly), ASSESSMENT DISTRICT NO. 203." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,723 be adopted. Carried by unanimous vote. Item No. 14 - The City Engineer's REPORT on project, DISTRICT NO. 201, Harding Ave. and 21st St. (staff recommends the report be accepted) was presented. Moved by Van Deventer, seconded by Camacho, the report be accepted. Carried by unanimous vote. Resolution No. 13,724, "RESOLUTION FOR PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 (District 201, Harding Ave. and 21st St.)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,724 be adopted. Carried by unanimous vote. Resolution No. 13,723, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (Harding Avenue, 20th to 21st and 21st St., Harding to Wilson Avenue), ASSESSMENT DISTRICT NO. 201." Moved by Waters, seconded by Camacho, Resolution No. 13,725 be adopted. Carried by unanimous vote. Resolution No. 13,726, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE PLAZA BONITA LEASE REVENUE BOND FUND." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,726 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 24, dated January 12, 1982, in the amount of $118,823.89 (Warrants 74628 through 74651), and CERTIFICATION of PAYROLL for the period ending December 31, 1981, in the amount of $223,180.75 was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to - wit: Ayes: Camacho, Dada, Van Deventer, Waters, Morgan. Nays: None. The City Engineer's Report on project, District No. 201, Harding Avenue and 21st St, (See Page 11, Para. 7). The APPLICATION for ON -SALE BEER AND WINE LICENSE, Type 42, Garcia, 309 Highland Ave., dba ELBO REST (Police, Planning Departments state no grounds for objection) was presented. Waters, seconded by Camacho, this application be approved. by the following vote, to -wit: Ayes: Camacho, Dalla, Van Waters, Nays: None. Abstaining: Morgan. of Robert J. and Building Moved by Carried, Deventer, The CLAIM FOR DAMAGES of JOSE G. PACIS, filed with the City Clerk on January 5, 1982 was presented. Moved by Waters, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. 1/12/82 12 OTHER EUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan spoke of a $307 "energy fee" which the City collects for the State on all building permits issued; he asked the City Manager to make detailed reports on state legislation mandating costs to the City or the citizens, CITY COUNCIL Councilman Dalla suggested that the notice we send out re weed abatement might not be clear, and possibly we are not giving people enough notice. Discussion. City Manager McCabe said he would take a look at the problem. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 4:00 p.m., January 19, 1982. Carried by unanimous vote. The meeting closed at 9:11 pen. CITY CLE The foregoing minutes were approved by the City Council at their regular meeting of January 19, 1982. Corrections / No Corrections OR CITY OF NATIONAL CITY, CALIFORNIA 1/12/82