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HomeMy WebLinkAbout1977 07-12 CC MIN178 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUL,.Y 12, 1977 The regular meeting of the City Council of the City of National City was called to order at 7:30 p,m, by Mayor Morgan. ROLL, CALL Council members present: Camacho, Dallas Pinson, Reid, Morgan, Absent: None, Administrative officials present: Campbell, Gerschler, Gill, Hoffland, McCabe, McLean, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by Rev. Atwell Stewart, St, Matthew's Episcopal Church, APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetings of June 21, 1977 and June 28 1977 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council by title only. Carried by unanimous vote, Resolution No. 12,401, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF THE CITY, A COOPERATION AGREEMENT AMONG THE CITY OF NATIONAL CITY, CALIFORNIA, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AND H, LARY MAGEE AND LAWRENCE J. CROW, OWNERS OF LOT 14, MAP 8038, E, J. CHRISTMAN BUSINESS & INDUSTRIAL PARK I REDEVELOPMENT PROJECT, NATIONAL CITY, CALIFORNIA." Moved by Camacho, seconded by Reid, Resolution No. 12,401 be adopted, Carried by unanimous vote. Resolution No. 12,402, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THAT THERE IS NEED FOR THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY UNDER AND PURSUANT TO THE PARKING LAW OF 1949 TO FUNCTION IN THE CITY OF NATIONAL CITY AND DECLARING THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO BE SUCH PARKING AUTHORITY," Moved by Reid, seconded by Camacho, Resolution No., 12002 be adopted. Carried by unanimous vote, Resolution No. 12,403, "RESOLUTION AUTHORIZING EXECUTION OF ESCROW AGREEMENT PROVIDING FOR THE PURCHASE OF CERTAIN INTERESTS IN REAL PROPERTY FROM THE KOENIG CORPORATION AND OTHERS." Moved by Camacho, seconded by Pinson, Resolution No. 12,403 be adopted. Carried by unanimous vote. (As Mayor Morgan signed the Resolution, pictures were taken. The Mayor stated this was a great day for the City; something for which the Council has been working for a long time and he thanked the May Company stores for standing by their original committment to build in National City.) 7/12%77 179 Resolution No. 12,404, "RESOLUTION AUTHORIZING THE EXECUTION OF AGREE- MENT WITH THE MAY STORES SHOPPING CENTERS, INC. REGARDING THE CONSTRUCTION OF THE PARKING AUTHORITY," Moved by Camacho, seconded byReid, N_.o 12 404 be adopted,. Carried by unanimous vote Resolution Resolution No. 12,405, "RESOLUTION DIRECTING THE EXECUTION OF A PARCEL MAP ON BEHALF OF THE CITY OF NATIONAL CITY AND DIRECTING THE RECORDING THEREOF." Moved by Reid, seconded by Camacho, Resolution No, 12,405 41.01112.0a. Carried by unanimous vote. 4 be Resolution No. 12,406, "RESOLUTION APPROVING TENTATIVE BUDGET FOR FISCAL YEAR 1977/78 AND APPROVING COMPENSATION PLAN FOR PUBLIC EMPLOYEES." by Camacho, seconded by Reid, Resolution No. Moved by unanimous i2 406 be adopted. Carried vote. Resolution No. 12,407, "RESOLUTION ESTABLISHING GENERAL PREVAILING RATE OF PER DIES[ WAGES FOR PUBLIC WORKS CONTRACTS AND RESCINDING NO. 10,282," Moved by Reid, seconded by Camacho, Resol RESOLUTION be adopted. Carried by the following vote, to -wit: Ayes: No. 12,407 Pinson, Reid, Morgan. Nays: None, Abstain: Dalla Camacho, Resolution No. 12,408, "RESOLUTION OF THE CITY COUNCIL OF THE CITY F NATIONAL, CITY AUTHORIZING EXECUTION OF LEASE." Moved by Pinson,sea nd by Reid, Resolution No. 12 408 be adopted. Carried, by the followin ed vote, to -wit: Ayes: CamacPinson, Reid, Morgan. NaNon g ho, Abstain: Daa. y e Dana. Resolution No, 12,409, "A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF NATIONAL CITY APPROVING THE EXECUTION OF THE LETTER OF AGREEMENT REGARDING PARCEL 15 OF BONITA." Moved by Camacho, seconded by Reid, Resolution No 12 409 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstain: Dalla y 0 ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, Seconded by Reid, this Ordinance be read b title onl Carried by unanimous vote. y �° Ordinance No. 1582 W5/7?-1), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF STREET RIGHT-OF..WAY FOR 6TH STREET EASTERLY OR ARCADIA AVENUE AND THE WESTERLY HALF OF ARCADIA AVENUE FROM 7TH TO 8TH STREET (SP-.1.-77).0 Moved by Camacho, seconded by Reid, Ordinance No. 1582 W s be adopted. Carried by unanimous vote. OLD BUSINESS The Request of Thomas McCune, owner of the property at 1212 McKinle to delay action on driveway for 30 days (On July 5, 1977, Mr. McCune Y9 requested approval of a driveway which is not in accord with his present building and site use at 1212 McKinley Avenue; the request was made in order to work out alternative driveway schemes. The Director of Public Works recommends approval of the request.) Camacho, seconded by Reid, the request for aw30.as daesented. Moved by Carried by unanimous vote. y delay be granted. NEW BUSINESS The Director of Public Works' recommendation to approve Change Order 4 Sewer Reconstruction Contract 2, Artukovich Construction (Durin to construction the sewer under railroad was found to require additional casing, de -watering and jacking of casing; the work is necessar and reasonable in cost; the increase in cost will be $5 750« was y Moved by Reid, seconded by9 ) presented. Camacho, this Change Order 4 be adopted. Carried by unanimous vote. 7/12/77 180 The Director of Public Works' recommendation to approve Change Order 1 to Las Palmas Park Drain, Contract Specification 738, T.B. Penick & Sons, Inc. (This is the final Change Order for the Las Palmas Drain. During construction a portion of Paradise Creek diversion tunnel was found to be oftof the record alignment and a new connection location was required; final costs will amount to $1,562.50 making an adjusted contract price of $16,981.60.) was presented. Moved by Reid, seconded by Pinson, this Change Order be adopted. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER City Manager Gill reported two Memoranda of Understanding, Police Association and the Fire Association were submitted to Council this evening for their approval; the basic element of the MOU's is, in essence, two-year agreements with both Associations; the Associations have signed on behalf of their members; the Fire Association MOU would provide a salary and benefits, medical insurance benefits, of $70.00 salary and $30.00 medical insurance for the current year and next year a cost of living increase not to exceed 7% Moved by Morgan, seconded by Pinson, we a rove the Fire Department's MOU. Carried by unanimous vote. City Manager Gill explained the Police Association MOU would provide for the current year 1977-78 a $100 salary increase or 6%, whichever is greater, beginning July 1978 benefit option of 2% at 50 retirement plan with no increase in salary over and above the current year salary increase. Moved by Camacho, seconded by Reid, his MOU be dival. Vice Mayor Pinson stated the City has had a good year; the City is financially sound; his only concern is that it may not be as good in following years; he wanted to see the City:tabilize itself and assure itself of having continuous good growth; if the City falls on it's face in 1978 (and in that light we must have some assurance that the income would be stable); this was his main concern on putting this off until we saw that the City was going to be stable; he will support this and as far as the letter of the MOU is concerned, he was sure it's legal, but the spirit of the MOU is that the City will be economically sound next year. Moved by Morgan, motion be amended to be put on the ballot in March 1978. Mayor Morgan stated the City doesn't have a shopping center yet and he has always said he would consider it when we had one; the City would be put behind the 8-ball -- approximately $174,000; the Fire Department Isn't going to sit by and let this slip by; if Council wanted to put something on the ballot for $2 million dollars Council could pay for it out of the money paid for this retirement; if they are pushing so much for retirement at 50, it should go on the ballot because it's nothing more than a bond against this City; this Council can do nothing about it; the City will be stuck with it every year and every year it will increase in cost; Council can do something about the salary; Council represents people with incomes in the $8-9,000 range and the Police Department draws around $140000,4,.if there was the money and the ahopping center was in...he would like to see this go in the ballot in March and let the people decide; it's too big a deal for the Council to decide on its own. Councilman Dalla asked City Attorney McLean if this were a proper subject for the voters. Mr, McLean stated he feels it would be a proper subject for them to approve; once the MOU is signed by the Manager and Council it is a binding contract and six months from now Council can't arbitrarily or unilaterally disapprove the MOU. Amending motion died for lack of second. Councilman Reid stated that the Police Association has been promised for the past 8-10 years that they would receive this...Councilman Caivacho stated in his ten years on the Council first it was as soon as we get ITT in Council would find a 7/12/77 181 way to make it possible for this to take effect; then the Mile of Cars came in and certain promises were made also; then the Town & Country Shopping Center and it hasn't been done•...it is the responsibility of this Council to continue to better National City by working with the Chamber, working with the people to enhance the community; if the City is financially stable for the first time and things are going to look better, it's time that Council complied with promises. There was further discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Nays: Dalia, Morgan. CITY ATTORNEY -. No report, OTHER STAFF Mayor Morgan brought up the closing of West Street between 16th and National, Moved by Pinson, seconded by Camacho, this be laid over one week and all buildin rmits be held and direct staff to ive us a report on this next week, Carried by unanimous vote. CITY COUNCIL No report. PUBLIC HEARINGS The CONTINUED HEARING on intent to VACATE AND CLOSE 20TH STREET between Roosevelt and Hoover Avenues (SC-.06.-76) was held at this time. Planning Director Gerschler stated the Planning Commission has reconfirmed their previous recommendation to Council which was that 20th Street between Hoover and Roosevelt is needed for public street purposes until Hoover has been improved between 18th and 20th; at that time there will be no further need for this section of 20th which could then be vacated. Mr. Gerschler and City Engineer Hoffland pointed out a compromise situation wherein the north half of 20th Street would be vacated, the south half would not. CLEMENT J, O'NEILL, attorney, 1357 Rosecrans Street, San Diego, representing Mr. Goldberg who owns the property to the south of the proposed closing and representing Alco Fence Company which owns the property immediately to the west of the proposed closing was present and said Mr. Goldberg previously filed a letter of protest with the Planning Commission as did Alco Fence Company, there were also five or more other individuals who also filed letters of protest for the closing of this street indicating that they in fact use the street. Mr. O'Neill continued as he undertood it, there are no present plans for the Paradise Creek bridge which is the extension of Hoover Avenue, as a result of that the closing of this particular street would severely limit through traffic that would come down Hoover Avenue; the Planning Commission in their recommendations made a finding that 20th Street between Hoover and Roosevelt is presently needed and it is in fact presently being used; the partial closing is also an unsatisfactory answer, that is the cutting of the street, and 80 foot street down the middle and closing 40 feet of it to benefit the petitioning parties; what that means is that the drivers will be using the south side of that street that adjoins Mr. Goldberg and they will also be driving on this p operty because his property is unimproved; the public is entitled to an 80 foot street which is there at the present time. Mr. O'Neill said the property being developed is to be elevated some 12 feet above sea level and will add to what is presently a water -flow problem for Mr. Goldberg; that is the property he owns is below the subject property and will be farther below the property if they are allowed to develop to the middle of the street and all that water will be on Mr. Goldberg's property; this is where he 7/12/77 182 maintains a truck terminal; 20th is also used for the trucks that go in and out of the terminal; the proponents have a map of the property (which was not introduced to Council) and it shows a warehouse -type building constructed on the southerly portion of the property, that is part of it would be out to where 20th Street presently is; there is a 20-30 foot setback from the street; the building would sit approximately 110 feet from the north end of the property; in other words, if this is 20th Street and this the north end of the property the building as such would sit sideways on the property; the purpose of this was that they need 110 foot radius for the turning of semi trucks; it is the position of the proponents that that really isn't needed; there is no need for a street closing whether partial or complete for the contemplated impovement; there is no reason why the building couldn't be moved 60-70 feet for the needed turning radius; the trucks can back up into the terminal using 20th Street; the building should be re- located 70 feet to the north; in addition to that, they have both Hoover and Roosevelt Avenues for access to the building for terminal radius. Mr. O'Neill said looking at the cost analysis, the closing of the street is wanted by the proponents for two reasons, first it avoids a substantial cost; if you close 20th Street the developer doesn't have to put in curbs, sidewalks or streets, which could run as high as $30,000; in addition to that, the proposed developer is saying "give me half of 20th Street", that street is 250 feet in length, 80 feet wide, he wants 40 feet of it; the land value in the area is $2.00 per square foot, that's a benefit to him of some $20,000; the reason he wants to close it is not so much where he wants to locate his building, but rather the saving of an expenditure of some $30,000 and also the acquisition of some $20,000 worth of land; this is a great detriment to Alco Fence Company and to Mr. Goldberg who uses the street; the closing of 20th Street should not be a matter to be considered until Hoover Avenue is developed, open and the bridge put across Paradise Creek. There was discussion. City Engineer Hoffland said there have been plans to put a drain along Hoover either in or parallel to drain that low spot (in Mr. Goldberg's property) the development to the north anticipats putting in a drain to their south property line; staff looked at the entire vacation of the street and with the idea that it would be raised and therefore the west half of Roosevelt could be raised and provide better access to all the property; it is the Engineering Department's intent not to allow new development to block drainage across 20th whether it's vacated or not. GLEN ASHWELL, 201 W. 18th Street, was present and stated he is one of the owners of the owners of the property to be developed; he was surprised to hear additional objections from the owners to the south because all the neighbors around there were of the opinion that the property had already been vacated. There was discussion. Moved by Pinson, seconded by Reid, 11222uniqjjgArino be closed and 20th Street be closed. NEILL PORCUPILE,0177717)777;7175Z177471=7773 stated he wanted 20th St. to remain open; if you close 20th Street he will have no way out of his business when a truck, tracker and trailer comes in from up north with lumber, etc.; if the street is closed he'll have to back out about a block to 21st Street; there is no way out since he's on a dead-end street; improve Hoover the full width and open the street and he would have no objections. City Attorney McLean stated one of the legal ways in which an existing public way can be vacated is by deciding that the public way is no longer necessary; at the same time there is a doctrine that states the closing of a public way would result in substantial interference with access to affected property which would affect the value of the property; in staff's investigation of the original proposal in this case, they did see an obvious problem area based on facts they understood could result in material inter- ference with the access to affected property and in that circumstance Council's policy in the past has been to require the proponent of the 7/12/77 183 closing to obtain relinquishments of these access rights to eliminate this problem. Moved by Pinson, seconded by Reid, the motion be amended to close half of the street. MR. O'NEILL, stated in speaking of closing half of the street and leaving half open to the public, perhaps the fair way would be to leave the center of the street; why leave Mr. Goldberg's half of the street for the general public and give the developers their half to develop for their own financial benefit; if Council feels as City Engineer Hoffland feels that a half street is sufficient to take care of Mr. Goldberg's access problems as well as those of Alco Fence, then why not close 20 feet on each side of the street, Vice Mayor Pinson stated he would like to see the whole street closed but Mr. Goldberg and Alco wants to leave half open, so leave the half open that we were going to close and deed back to that property owner; he's the one that's going to use it and need it so let him have it, Mr. O'Neill stated the problem he can see coming up --- suppose Mr. Goldberg in the future decided he too would like to vacate his half of the property and the present developer of the property is going to come back and say, I need that street, I need that street for access for my trucks, so you can't close the street; granted Mr. Goldberg needs the street now, but let's assume sometime in the future if he ever needed to close the street, he's going to have a problem, because the present developer will come back and say no. LEE MORGAN, 201 18th Street, was present and stated he's talked to both of these people who have objected to this and is surprised because both have said that if they go in and put a $500,000 building in it's going to raise their taxes; and this is the only objection stated to him; Mr. Goldberg doesn't want to spend any money to improve his place; he had a meeting with the City Engineer and agreed to close his street and everything and agreed to pay for half the drainage; then when he found out that the drainage was going to cost him $4-.5000 for his half of the drainage he backed off, he doesn't want to spend one nickel to improve the City; Mr. Morgan spoke to Alco Fence and the objection they had was it was going to raise their taxes, DON NORMAN, 2837 "M" Avenue, was present and stated that due to government regulations it is necessary to bring the elevation up to 12 foot; therefore, access to their property must be in accordance with desired elevation. Moved by Pinson, seconded by Reid, the amended motion include the recommendation of the Plannin Commission which are (1) filing with the Cit Clerk _ ro er1 executed instruments to the satisfaction of the Cit En ineer and C„ t,y_Attornexr, granting public easements for: (a) twenty foot wide sewer easement along the centerline of Twentieth Street; (2) City Council review and acceptance of lans show how the vacated street will be used. 3 evidence to the satisfaction of the Cit Attorne that all ersons known to have ossible claims to access ri hts to and from the street to be vacated have relin uished all such ri hts. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. The HEARING on NOTICE OF INTENTION TO ABATE AND REMOVE INOPERATIVE VEHICLES as a public nuisance at 330 "G" Avenue (Z.V. 77-36) was held at this time. :Moved by Pinson, seconded by Reid, this be dismissed. Carried by unanimous vote. The HEARING on NOTICE OF INTENTION TO ABATE AND REMOVE DISMANTLED, OR INOPERATIVE VEHICLES or parts thereof as a public nuisance at 1817 and 1827 "N44 Avenue (Z.V. 77-34 & 77-35) was held at this time, Planning Director Gerschler said by certified letters dated 6/24/77 the property owner of 1817 and 1827 "N" Avenue (Lupe Carrillo) was advised to remove six inoperative and/or dismantled motor vehicles from 1827 "N" Avenue and two from 1817 "N" Avenue, within ten days of their receipt of said notice; Planning Department staff recommends that Council order the abatement of this code violation by removal of the vehicles; or 7/ 2/77 184 for a continuance of time if the removal of the vehicles is assured. KURT LILLEENG, 1827 "Nvf Avenue, was present and stated all are his with the exception of one which is on his landlady'sf roe rtys and that belongs to her property grandson; the rest of them do belong to Mr. Lilleeng and he will take care of them but it will take time. Moved by Reid, seconded by Camacho, he be c, iven a 60-day extension to remove the automobiles Moved by Dalla, the motion be amended to 45-days. Motion died for lack of second. GLORIA CARRILLO, speaking on behalf of her mother LUPE CARRILLO, owner of the property at 1817, stated the car now parked on her property to been working on the body theyafthecarbegswoulder gr�dson who has sixty days to remove the car. like an extension of cars adopted by unanimous vote.M MovedbyC�hextension on Lilleeng Mrs. Carrillo be c as seconded by Reid, given a 60-day extension to remove the car. Carried by unanimous vote. •••-a.---..� Moved by Camacho, seconded by Pinson, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:42 p.m. CITY CiERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were. approved by the City Council of the City of National City, California, a, at the regular m eting of July 26, 1977 0 Corrections No corrections YOR CITY OF NATIONAL CITY, CALIFORNIA 7/12/77