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HomeMy WebLinkAbout1977 12-06 CC MIN}8- / O MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA The regular meeting of was called to order at ROLL CALL tecember 6, 1977 the City Council of the City of National City 7:30 p.m. by Mayor Morgan. Council members present: Camacho, Dalla, Reid, Van Deventer, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager McCabe followed with invocation by the Rev. Dale Barizo, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meetings of November 84 15 and 22, 1977 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of BETTY BERNAL to fill the un- expired term vacated by Connie Manese and AUGIE BARENO to fill the un- expired term vacated by Jess Van Deventer to the PLANNING COMMISSION was presented. Moved by Camacho, seconded by Reid, in favor of the Mayor's appointments. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS RAY GONZALES, President, SOUTH BAY POP WARNER FOOTBALL ASSOCIATION, was present to request $1500 to help replace equipment that was stolen last August; they have raised some money, but they are $1500 short and would appreciate any assistance Council could give them. Mayor Morgan stated $500 was budgeted for South Bay Pop Warner and could be given to them now. Moved by Reid, seconded by Van Deventer, the City Manager check to see if there is a few more hundred dollars that we could squeeze out of somewhere to give them. Carried by unanimous Vote. ALFRED HLAWATSCH, 905 E. 13th Street, was present and discussed the BUSINESS LICENSE ORDINANCE. Mr. Hlawatsch stated Assistant City Attorney Cowett told him there was no way the new ordinance could be interpreted as violating the confidence of attorney -client relation- ships; but the ordinance states otherwise; he hoped something could be done about this because otherwise he will not get a business license; he has spoken to a number of local attorneys about it and they basically laugh and take it as a joke; he believed the City is making this a revenue measure and it should be a regulation measure only. Mr. Hlawatsch inquired about licensing of separate businesses owned by one person at one location, such as: sale of cars, leasing of cars, auto parts., etc.,; and asked how many licenses the City wants? 1 City Mgr.. McCabe stated there is a provision in the ordinance that speaks to that issue and this relates to what the State considers a business, for example a dealer who is selling new and used cars on one lot would be described as having one license; National City uses the same definition. 12/6/77 ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented to Council by title only. Carried by unanimous vote. Resolution No. 12,551, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Director's Deed No. R/W DD-16030-2[NMT], State of California, Transportation Department.)" Moved by Reid, seconded by Camacho, Resolution No. 12,551 be adopted. Carried by unanimous vote. Resolution No. 12,552, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Director's Deed No. R/W DD-16036-2[NMT], State of California, Transportation Department.)" Moved by Reid, seconded by Van Deventer, Resolution No. 12,552 be adopted. Carried by unanimous vote. Resolution No. 12,553, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Director's Deed No. R/W DD-16970- 3 NMT , State of California, Transportation Department.)" Moved by Reid, seconded by Van Deventer, Resolution No. 12,553 be adopted. Carried by unanimous vote. Resolution No. 12,554, "A RESOLUTION APPROVING AN AMENDMENT (GP-3-77) TO THE NATIONAL CITY GENERAL PLAN AND GENERAL PLAN MAP." Moved by Reid, seconded by Van Deventer, Resolution No. 12,554 be adopted. Carried by unanimous vote. Resolution No. 12,555, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND TRANSFER OF FUNDS FOR HI -RANGE AERIAL TOWER." Moved by Camacho, seconded by Dalia, Resolution No. 12,555 be adopted. Carried by unanimous vote. Resolution No. 12,556, "RESOLUTION ACCEPTING CONVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Lloyd Calvin and Marynell Elizabeth Johnson, 230 E. 29th Street." Moved by Reid, seconded by Van Deventer, Resolution No. 12,556 be adopted. Carried by unanimous vote. Resolution No. 12,557, "A RESOLUTION INITIATING ALLEY VACATION PROCEDURES - PORTION OF NORTH -SOUTH ALLEY BETWEEN 15TH AND 16TH STREETS AND "D" AND "C" AVENUES." Moved by Dalla, seconded by Camacho, Resolution No. 12,557 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Reid. Resolution No. 12,558, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A CASH GRANT IN AID TO THE COMMUNITY DEVEL- OPMENT COMMISSION OF THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,558 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: Dalia. Resolution No. 12,559, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING A HOUSING ASSISTANCE AREA AND AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA TO AMEND ITS AGREEMENT WITH THE BANK OF AMERICA, NT&SA, TO INCLUDE AN ADDITIONAL. AREA WITHIN THE OPERATION OF SAID AGREEMENT." Moved by Camacho, seconded by Reid, Resolution No. 12,559 be adopted. Carried by unanimous vote. Resolution No. 12,560, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS ("N" Avenue and 9th Street, Assessment District No. 188)." Moved by Reid, seconded by Camacho, Resolution No. 12,560 be adopted. Carried by unanimous vote. 12/6/77 300- / Resolution No. 12,561, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT ("N" Avenue and 9th Street, Assessment District No. 188." Mpved by Reid, seconded by Camacho, Resolution No. 12,561 be adopted. Carried by unanimous vote. Resolution No. 12,562, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE ("N" Avenue and 9th Street, Assessment District No. 188)." Moved by Reid, seconded by Van Deventer, Resolution No. 12,562 be adopted. Carried by unanimous vote. Resolution No. 12,563, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJ.OROTY PROTESTACT OF 1931'." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,563 be adopted. Carried by unanimous vote. Resolution No. 12,564, "RESOLUTION OF AWARD OF CONTRACT AND APPROPRIAT- ING FUNDS THEREFORE (Improvement of Kimball Park Turf Area, Tot Lot and Animal Shelter, Specification No. 867." Moved by Reid, seconded by Van Deventer, Resolution No. 12,564 be adopted. City Attorney McLean stated the City Engineer added to this Resolution the appropria- tion of $66,510 from Grant Matching Funds. Carried by unanimous vote. Resolution No. 12,565, "RESOLUTION OF AWARD OF CONTRACT AND APPROPRIA- TION OF FUNDS THEREFORE (Additions to the National City Public Library, Specification No. 868." (City Clerk Campbell reported opening sealed bids for the Library Archives Addition on November 30, 1977 at 3:00 P.M. Twp bids were received: [1] Frank Stahl Construction Company, base bid, $85,995.00,add-on alternate 1, $1,700.00; alt. 2, $1,200.00; alt. 3, $1,950.00; alt. 4, $1,200.00; alt. 5, $2,250.00; alt. 6, $3,550.00. [2] Charles Noble Co., base bid, $104,865.00, add -on alternate 1, $1,207.00; alt. 2, $3,123.00; alt. 3, $2,110.00; alt. 4, $842.00; alt. 5, $1,400.00; alt. 6, $2,468.00. City Attorney McLean stated added to this is the appropriation of $30,995 from Unbudgeted Funds Number 1 for the Library addition. Moved by Reid, seconded by Van Deventer, Resolution No. 12,565 be adopted. The City Engineer stated the Librarian and Architect added alternates 2 thru 5. Asst. City Manager McCabe stated it is recommended 2 thru 5 be approved and 1 and 6 be excluded. THOMAS WILLIAMSON, Architect, 1360 Plum Street, was present to answer questions regarding the items. Councilman Van Deventer questioned the use of solar bronze glass in Item 5, asking if there would be a great savings in fuel? Mr. William- son stated the project engineer had recommended this item as a fuel - saving device. Asst. City Manager McCabe stated their recommendation is to approve the Resolution including add-ons 2 thru 5 which amounts to $92,595. JOEL SIEGFRED, City Librarian, was present and stated the amount of money mentioned does not include furnishings. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: Dalla. Resolution No. 12,566, "RESOLUTION AUTHORIZING EXECUTION OF FIRST AMEND- MENT.TO FY 78 AGREEMENT BETWEEN CITY OF NATIONAL CITY AND SAN DIEGO TRANSIT." Moved by Dalla, seconded by Reid, Resolution No. 12.566 be' adopted. Carried by unanimous vote. Resolution No. 12,567, Deferred until after hearing. ( Seepage � Resolution No. 12,568, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL, ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF MARCH, 1978, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A CERTAIN QUESTION, PROPOSITION OR MEASURE RELATING TO PARAMEDIC SERVICES IN THE CITY." Councilman Camacho stated the City Attorney has suggested 12/6/77 moo.- 13 the following wording: "Shall the City of National City establish a paramedic emergency medical service program and pay for said program with an increase in City real property tax rate of 'whatever' per $100 assessed valuation;" Councilman Della has recommended the following wording: "Shall the City of National City establish an emergency paramedic medical service program at an estimated cost of 'such' and pay for such program in whole or in part by the use of sales tax, increased property tax and other general fund sources which are available to the City;" he prefered Councilman Dalia's wording because the public should know there are other methods of funding this program and we should work towards finding them; there's a committee that will bring back to Council a breakdown on the costs, complete research. Mayor Morgan stated the problem is if it is tied to the sales tax and there were an energy crisis like before, and asked what would happen? would we have to cut back somewhere else or the paramedics? There was further discussion. Assistant City Manager McCabe stated that to implement the program using property taxes; would add 23.2 cents to the tax rate. Moved by Morgan, seconded by Reid, approve the Attorney's wording on the ballot and put on the ballot 23.2 cents on the tax rate, There was further discussion. Motion failed, by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Camacho, Dalla, Van Deventer. Moved by Dalla, seconded by Camacho, the following wording appear on the ballot, "Shall the City of National City establish an emergency paramedic medical service program at an estimated annual cost of $294,000 and pay for said program in whole or in yart by the use of sales tax, increased property tax and other general fund sources which are available to the City. There was further discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Reid. Abstain: Morgan. Moved by Camacho, seconded by Van Deventer, Resolution No. 12,568 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Reid. Abstain: Morgan. Councilman Van Deventer stated public hearings should be held regarding this issue where input from the private sector can be obtained; if there are ways of cutting the cost, then those avenues should be explored. Moved by Van Deventer, seconded by Morgan, a public hearing should be held regarding this issue. Motion carried by unanimous vote. PUBLIC HEARINGS The HEARING to determine whether public health, safety, or welfare require formation of UNDERGROUND UTILITY DISTRICT NO. 9 between "D" and "F" Avenues and 12th and 15th Streets was presented. City Clerk Campbell recommended the hearing be continued to 7:45 p.m. Tuesday, December 13th. Moved by Camacho, seconded by Van Deventer, in favor of the recommendation. Carried by unanimous vote. The ASSESSMENT HEARING, ALLEY between Hoover Avenue to Coolidge Avenue and 17th Street to 18th Street, ASSESSMENT DISTRICT #186,was held at this time. City Clerk Campbell stated no written protests were received and the Affidavits of Mailing and Certificate of Publication were on file. ROBERT ONLEY, Assessment Engineer, was present and displayed and explained a map outlining the area of assessment. Mr. Onley stated incidental expenses amount to $2,704.45; construction, $7,671.03; project costs, $10,375.48; City contribution, $40.00; assessment, $10,335,48; this being a benefited assessment, he has assessed on each parcel the cost of the work, the total sum against the district benefited thereby in proportion to the estimated benefits received by each of the parcels; he has looked at each parcel and at the district and has determined that they benefit in the amount of assessment noted; no protests were received. No one was present in this regard. Moved by Camacho, seconded by Reid, the public hearing be closed and the ro osed assessment on the alle on Hoover Avenue to Coolidge Avenue and this assessment district #186 be approved and confirmed. Carried by unanimous vote. 12/6/77 iI/ Moved by Camacho, seconded by Reid, this Resolution be presented by title only. Carried by unanimous vote. Resolution No. 12,567, "RESOLUTION CONFIRMING ASSESSMENT (Alley between Hoover Avenue to Coolidge Avenue and 17th Street to 18th Street, Assessment District No. 186)." Moved by Reid, seconded by Van Deventer, Resolution No. 12,567 be adopted. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE from 0-1 to CL the property at 711 PALM AVENUE (2C-22..77) was held at this time. City Clerk stated the Affidavit of Mailing and Certificate of Publication Campbell were on file. Planning Director Gerschler stated the Planning Commission recommended approval of the zone change. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and the proposed zone chance from RM-1 to CL the perty at 711 Palm Avenue be a pro- pproved. Carried by unanimous vote. The HEARING on APPEAL of Planning Commission DENIAL of a lication for CONDITIONAL USE PERMIT to allow a single family dwelling to exceed one story in height at 1135 MARY LANE (CUP 1977421) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated the Planning Commission denied the application for the reason that the applicant failed to show that: (1) the proposed use will not have adverse effect upon adjacent or abutting properties; and, (2) the an proposed use is deemed essential and desirable to the public conven- ience or welfare. BOB DAILY, 815 Ethel Place, was present and spoke in support of the Planning Commission's denial. Planning Director Gerschler stated the Planning Commission received a lengthy petition in protest of this case. ALFRED HLAWATSCH, 905 E. 13th Street, was present and spoke in support of the Planning Commission's action. Moved by Van Deventer, seconded by Camacho, in favor of denial of the Conditional Use Permit, and the public hearing be closed. Carried by unanimous vote. The HEARING on URBAN DEVELOPMENT ACTION GRANT PROGRAM pursuant to the U. S. Housing & Community Development Act of 1977 and administrative regulations adopted pursuant thereto was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and stated this was the first of two required' public hearings on urban development action grants; the purpose of the hearing is to hear from the public and to hear whether there are any proposals for the action grant. Mr. Peterson said the Citizens Committee for Community Development recommended to Council (1) that Council consider the Urban Development Action Grant Program as follows, [a] buy lot 14, Map 8038, $600,000; [b] earthwork Lot 14, Map 8038, channel improvement westerly of and abutting Lot Map14,$0�000; Ca� culvert under 22nd Street, 8038, and box $325,000; [di rebuild Wilson Avenue, 22nd to 24th Street abutting Channel, and Lot 14 and rebuild 22nd Street easterly of Wilson Avenue, $100,000; [e] Administrative le al en sn- eering, $150,000; [f] contingencies, 10%, $152 000; ' less , s' proceeds, 8.35 acres X 43,560 sq.ft. per acre : 363 725 laXd sale $1.50 per sq.ft. : 2 sq.ft. X average price = $545,589, rounded, = $550,000; for a net urban development action grant project cost (estimates) of $1,127,000; and, (2) Council authorize the filing of an application with the Secretary of the U. S. Department of Housing and Urban Development for subject proposal after the second public hearing to be held December 13, 1977. No one was present in this regard. Moved by Camacho, seconded by Reid, this hearing be continued to next week for the benefit of the public to come in and s eak and t whatever input they feel they'd like to discuss with uswith this uCouncil. Carried by unanimous vote. 12/6/77 303 /S THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY was called to order at this time. Roll call: Present:. Camacho, Dalla, Van Deventer, Reid, Morgan. Absent: None. JOINT HEARING before the CITY COUNCIL and the COMMUNITY DEVELOPMENT COMMISSION on the REDEVELOPMENT PLAN AND THE RELOCATION PROGRAM FOR AMENDMENT NO. II, E. J. CHRISTMAN BUSINESS & INDUSTRIAL PARK RE- DEVELOPMENT PROJECT was held at this time. ARNOLD PETERSON, Executive Director, CDC, was present to review the report and describe the plan for the project. Mr. Peterson displayed a map outlining the proposed plan which adds the area from 16th Street to 22nd and 24th Streets and from National Avenue to Interstate Highway 5 and adds southerly of 29th Street, bothcsides of National, to 32nd Street including a vacant area extending over to Hoover/Coolidge Avenue; the area to the north would be an improvement area; the object of the plan is for the CDC to be instrumental in the improvement of public facilities and utilities in the area and also to assist private property owners in the rehabili- tation of commercial and industrial buildings; the plan specifically precludes the acquisition by condemnation of area 2a on the map. Mr. Peterson stated in area 2b on the map they propose to extend to the south, the Mile of Cars; at 31st Street on the southeast side there is an option to buy from the county approximately 1 block; they propose to buy other private property if necessary by condemnation; structural inspections of each and every structure has been made within areas 2a and 2b and that information is available. Mr. Peterson stated they have an analysis by Christiansen Engineering of the Public Work defficiencies in the areas 2a and 2b. Mr. Peterson stated they intend a3different type of project from E. J. Christman Area I, which was a total acquisition, total relocation, total clearance and total reconstruction project; the new project will be mainly rehabilitation and public works improvements and a limited acquisition. Mr. Peterson identified by title each of the parts of the report and briefly commented on each. (On file in the City Clerk's office as Document # 60657).' Mr. Peterson continued in the list of Exhibits in the report is the Redevelopment Plan; Part 1 is the existing E. J. Christman Project Plan; Part 2 is the amendment to the plan and the area proposed to be added by ordinance; Part 1 is in the report because Part 2 makes constant refererence to it; and upon approval, they would become one project and one plan. Mr. Peterson stated the program for the relocation (of businesses of which there are five and one family) is under b, Relocation Program; if the ordinance is approved, Council would also be approving this relocation program. Mr. Peterson said the Planning Commission approved the pre- liminary plan for the project on June 13; it is marked Exhibit C in the report; Exhibit B is the report and recommendation of the Planning Commission on this Redevelopment Plan; the Planning Commission on November 14th unanimously approved and recommended to Council and the CDC this plan; Exhibit E is the cost estimate and states they have in mind to acquire that property south of 30th Street and relocate those businesses and that family, the probable cost is one million dollars; they have in mind to resell for automobile sales (primarily new) that land which they acquire, the probable ressale proceeds would be $400,000.00; they have in mind to make public works improve- ments both in areas 2a and 2b, but primarily in area 2a, including streets, alleys, curbs and gutters and sidewalks, lights, street trees, at an estimated cost, $3,432,000.00; they have in mind to assist private property owners through any and all legal means, and any and all financial ways, and any combinations of these to re- habilitate property within the area, the estimate of that is $3,568,000.00; lastly, to administer this project over the life of the project, $400,000; for a total of $8,000,000.00. Mr. Peterson stated they say in the plan (because the law so requires) that they would not bond this project total, including the $5,600,000 that has already been bonded on Christman, they would not bond on this project more than $8,000,000,00; by law they have to state the maximum amount of taxes 12/6/77 3B >6 that they would allocate to themselves,(the increased tax revenues) that figure is $20,000,000.00; this is the best estimate of what it would cost to retire a series of bond issues over a period of years, the total of the series being $8,000,000; they could not exceed that amount of either the allocation of taxes or the bonded indebtedness without an amendment to this plan. Mr. Peterson said the laws in 1976 were changed to require that with respect to the allocation of taxes in added areas 2a and 2b, that not less than 20% of the tax increment derived from those areas must be utilized for low and moderate income housing purposes in the community, unless they are prepared to make a showing that such is not needed (and in his opinion, even though they are doing many things in the housing field, they could not make that showing); the 20% feature applies not to the total 8 million, but only to that portion of the 8 million that relates to areas 2a and 2b; the bulk of the tax revenue generated within this total area will be as in the past out of area 1; therefore, if you were to estimate how much that 20% would amount to, of the 8 million maybe a million and, therefore, the 20% over the life of the plan would be maybe $200,000. Mr. Peterson stated the CDC adopted certain design standards on July 19th; these are Exhibit F of the report; they also adopted certain policies on owner -participation and re-entry of business as of July 5th, 1977; as to the survey area (the area within which the project occurs) the City Council on May 3, 1977 adopted an amended survey area which is the perim,ter of the area which is Exhibit H in the project summary and report. Mr. Peterson stated reference is made to sections of the law and evidence to substantiate blight; the most important evidence of blight in areas 2a and 2b is that portion of the EIR report that shows the area of flooding in the hundred year storm to be large portions of area 2a and of area 2b; they don't rely on that as being the blight, but that is the greatest single contributing factor; there is structural blight; there is evidence of deficiencies of public improvements within the area; the combination of these are the reason for the project and evidence of blight. Mr. Peterson stated the County of San Diego this year, because of changes in the law last year and because the Board of Supervisors so chose, initiated what they called their Fiscal Review Committee; there have been many meetings and many papers and in the report there are each and every one of those. Mr. Peterson stated he does not recommend any of the recommendations of the County Fiscal Review Committee except that after January 1 the law will require that the CDC reimburse the County for their expense in doing fiscal analyses; the County has done a lot of work; and he recommended the CDC reimburse the County for their costs, estimated to be $5,000. Mr. Peterson stated relative to the other recommendations of the County Fiscal Review Committee (that's the County and all the tax entities,) he would recommend the City do not do any of the things recommended in their report. Mr. Peterson said the Environmental Impact Report prepared by Multi -Systems Associates was approved by the CDC and was found adequate and sufficient; they ask that Council take awareness of the report which says the problems are flooding (which is the number one reason why they have the Amendment); another problem is the moving of earth, about 80,000 cubic yards; they will do all the things to minimize an adverse effect of moving the earth, but move the earth they must. Councilman Dalla asked what the life of the program would be. Mr. Peterson stated the life of this program is 28 years; this plan proposes to be carried out solely and exclusive) from the increased property taxes y generated from the project itself; this plan says that the City of National City may, if it wishes, assist financially in the project, but no burdens are put on the City. Councilman Dalla asked where the City would get the million dollars to buy the property south of 30th Street; Mr. Peterson stated they will in the late spring be in position to sell Series B Tax Allocation Bonds, E. J. Christman Project. GARY WEATHERS, owner, Weathers' Motors, 30th and National, was present and asked if it is required for them to be able to proceed with area 2b, that they have to issue 12/6/77 `,�7 the bonds first? Mayor Morgan stated they would be sold sometime before July and the City would have the money to go ahead at that time. Mr. Weathers asked when this would transpire? Mayor Morgan stated that if this is passed tonight they would go ahead and authorize appraisals and authorize, when the time comes, to sell the bonds and by that time everything would be ready to go. Mr. Weathers stated he's trying to determine how long he'll be able to continue to do business at this location. Mr. Weathers wanted to stay there longer thane mid-July,rson thd ey if Mr. out a lease arrangement where they couldgo t r couldadwork year to year, and he can say that because they don't have in hand a new car dealership for that corner; it's always been their attitude that they will try to work out something that is mutually beheficial. Mr. Weathers stated back in 1972 he put in improvements on the property and as a result of that he got an extended lease on the property, this negates that, he could be out in less than a year. City Attorney McLean stated there would be relocation benefits available and the tenant does have certain rights under the redevelopment plan for assistance in reloca- tion and continue to do business; as to what the tenant may have coming, because he has a lease on the property, is not the City's business. Mr. Weathers questioned whether it would be possible for an independent dealer to be included in the redevelopment area. Mr. Peterson stated it would. FLOYD BRIDGES, 3110 National Avenue, owner or a portion of a business within the redevelopment area, was present and stated he has no objections to the redevelopment of the area, in fact, highly recommends it; however, his main concern is that he doesn't believe he will be able to be relocated in the area and asked what happens to his inventory? Mr. stays there until this time nexty Bridges stated if he left, there will be no way of disposingofall loftit. ill have Peny stated as far as inventoryPettersoerson goes, they do not buy that; under State and Federal Law there is a relocation aspect; but they don't buy the inventory, the owner would have to dispose of it ultimately as part of either going out of business or moving. City Attorney McLean stated if Mr. Bridges came to the CDC during work hours they would be able to explain to him exactly what is going to happen and how it would reflect on his business. No one else spoke in this regard., Moved by Camacho, seconded by Reid, the hearing be closed and the Community Development Commission on Redevelopment and Relocation program and that the plan be approved and we accept Mr. Peterson's recommendations. which include (1) certify that it has considered the Final EIR for Amendment No. II. E. J. Christman ne Park Redevelo ment Pro 'ect as ��� � � __�nd}�str,�al -- -.2p , prepared by Multi -Systems Associates San Diego, California, and as approved by the Community Development Commission by motion on October 4, 1977, i2} find and determine pursuant to Section 33334.2( h) of the California Community Development Law that provision of low and moderate income housing outside the area of Amendment No. II, E. J. Christman Business & Industrial Park Redevelo ment Project will be of benefit to the E. J. Christman Business & Industrial Park Redevelopment Project including Amendment No. II; la certify that the City Council has considered the Report of the Community Development Commission to the City Council and has considered all evidence and testimony for and against the ado tion of the Plan for Amendment No. II E. J. Christman Business & Industrial Park Redevelo ment Project 1333631; (4) approve the Redevelopment Plan and the Relocation Program for Amendment No. II, E. J. Christman Business & Industrial Park Redevelopment Project by holding first reading of the ordinance and adopting the Plan and Program. Carried by unanimous vote. Moved by Camacho, seconded by Reid, the Community Development Commission adjourn at this time to reconvene after the re ular Council meetin . Carried by unanimous vote. `� -----� 12/6/77 ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Van Deventer, these Ordinances have the first reading by title only. Carried by unanimous vote. Ordinance No. 12/6/77-1, "pursuant to Land Use Code of the City of National City, California (2C-I9-77, to rezone "A" Avenue between llth and 12th Streets from CBD-RD to IC-RD..) Ordinance No. 12/6/77-2, "Pursuant to Land Use Code of the City of National City, California (2C-19-77), to rezone "B" Avenue between Plaza & 12th Street (except 1107 and 1135 "B" Avenue) from CBD-RD to RM-1-PD-RD." Ordinance No. 12/6/77-3, "Approving the Redevelopment Plan and the feasibility of relocation for Amendment No. II, E. J. Christman Business & Industrial Park Redevelopment Project, National City, California." ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Reid, these Ordinances for second reading be by title only. Carried by unanimous vote. Ordinance No. 1607 (11/42/gq-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (2C-19-77, to rezone property at 1107 "B" Avenue from CBD-RD to RM-.1-PD-.RD-D40 (Residential Multiple -Planned Development -Redevelopment -Density 40)." Moved by Camacho, seconded by Reid, Ordinance No. 1607 (11/0f;4-1) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer. Nays: Morgan. Abstain: Dalla. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 19, dated November 29, 1977 in the amount of $53,343.88 (Warrants Nos. 60084 through 60161), payroll for the period ending November 15, 1977, in the amount of $177,887,47 and WARRANT REGISTER NO. 20, dated December 7, 1977 in the amount of $275,498.13 (Warrants Nos. 60116 through 60232) was presented. Moved by Camacho, seconded by Reid, the warrants andpayroll be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Reid, Van Deventer, Morgan. Nays: None. A CLAIM FOR DAMAGES from GLORIA M. COMBS, on behalf of her son DARON, a minor, alleging wrongful arrest, was presented. Moved by Camacho, seconded by Van Deventer, this be denied and referred to the City Attorney. Carried by unanimous vote. The City Engineer's 1911 ASSESSMENT ACT PROCEEDING REPORT, Alley between 2nd Street to 3rd Street and "E" Avenue to "F" Avenue (petitioners of 71% of the benefit area adjacent to the subject alley have requested the construction of a 20 foot wide concrete paving. It is recommended that Council accept the 1911 Act petition and order the City Engineer to prepare plans, specifications and report) was presented. Moved by Camacho, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. The Director of Public Works' 1911 ACT ASSESSMENT PROCEEDING REPORT - "C" Avenue southerly of 27th Street (petitioners of 87% of the benefit area adjacent to "C" Avenue have requested grading, curbs and gutter and paving, and right-of-way. It is recommended that Council accept the 1911 Act petition and order the City Engineer to prepare report, plans, and specifications) was presented. Moved by Camacho, seconded by Reid, in favor of staff's recommendation. Carried by unanimous vote. 12/6/77 30; /9 The City Engineer's report on 1911 ACT PETITIONS received on 19th STREET BETWEEN GRANGER AVENUE AND RACHAEL AVENUE (four petitions have been received on this Act. The first was rejected by Council because it duplicated other efforts and did not include street paving; the second petition was accepted by Council, who ordered the City Engineer to prepare a report, plans and specifications; the third, was a petition requesting the removal of signatures nd petition; the fourth petition requested that signatures mbehadded e oto the second petition. It is recommended that Council proceed with the project to the Debt Limitation Hearing because Cl] there is an existing 57% petition; and,.[ 2J there is apparent confusion among some signatories because one parcel has been represented on all four petitions; and, [3) Council can hear formal protests to the pro- ject, if any, at the hearing on Debt Limitation; this hearing would be held after affected property owners have received notice and an estimate of costs) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the City Engineer's recommendation. Carried by unanimous vote. Item 35, notice by Director of Public STREET between Palm Avenue and Newell '20th Street is not a dedicated street course plan on barricading it. Works of INTENT TO CLOSE 20TH Street was not presented because and the lessors of the golf The Director of Public Works' recommendation to approve DEFERRAL of street improvement requirements at 1335 EAST 17TH STREET,.Guy (Mr. Guy has applied for a 10-year deferral of requirements to install street improvements in 17th Street; he has offered to sign a Covenant not to protest a 1911 Act; the improvements would be of greater benefit if constructed as part of the City's overall 1911 Act improvement district) was presented. Moved by Camacho, seconded by Reid, in favor of the Engineer's recommendation. Carried by unanimous vote. WRITTEN COMMUNICATIONS Request to present need for funding by South Bay Pop Warner League listed on the Agenda was handled under Oral Communications. OTHER BUSINESS CITY MANAGER a No report. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING Planning Commission report and recommendation, in response to Council referral, on the proposed REZONING of properties on "C" AVENUE and the west side of "D" AVENUE between Plaza Blvd. and 12th Street, ZC-19-77 was presented. Planning Director Gerschler said the proposed rezon- ing of this area is from CBD-RD to RS-.2-RD..D-10; at the Council meeting of November 15, 1977 a petition and two letters were submitted opposing this proposed rezoning; they represented 22 of the 37 parcels, or about 60% of the properties affected; the Planning Commission after their hearing on October 10, 1977, recommended in favor of the proposed rezoning; however, in light of this new information not available to the Planning Commission at the time of their hearing, Council referred this case back to the Commission for a report and recommendation. Planning Director Gerschler stated the Planning Commission reviewed this case at their last meeting and agreed with Council that at this time it would be inappropriate to rezone this to residential; therefore they recommend the zoning be left as it is. 12/6/77 Planning Director Gerschler stated no action is necessary. The Community Development Commission Executive Director's request for removal of REDEVELOPMENT ZONING DESIGNATION, BONITA GOLF COURSE (the request was made because of the California State Supreme Court decision striking down the Redevelopment Project. Staff recommends Council direct the Planning Director to remove the RD zoning designa- jtion from the zoning map for the Bonita Golf Course property; Municipal Code Sections 18.36.030 and .040 provide that this'tmay be done by direction of Council and that a public hearing is not required) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the recommendation. Carried by unanimous vote. TENTATIVE SUBDIVISION MAP, SHELL MANOR, south of 4th Street between Thelma and Shell Avenues (Nelson and Gretier) was presented. Planning Director Gerschler stated the Planning Commission recommends in favor. Moved by Reid, seconded by Camacho, in favor of the recommendation. Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Recommendations from the November 17, 1977 meeting of the STREE TREE AND PARKWAY COMMITTEE (the Committee recommends the removal of street trees at the followinQ locations: [1] 205 East 8th Street, 3 olive trees, Oscar Worlop; L2] 1330 East 4th Street 1 pod s p ocarpus tree, W. C. Young. In each case, the property owner shall cooperate with the Superintendent of Parks to replace these trees with approved street trees. Staff concurs with the recommendation that these trees be removed and replaced with approved street trees) were presented. Moved by Reid, seconded by Dalla, it be approved as submitted. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE The TRAFFIC SAFETY COMMITTEE'S recommendations from its regular meet- ing of November 9, 1977 (the recommendations requiring Council action are: [1] that the west curb of Highland Avenue be painted red for a distance of 60' north of the curb return at 6th Street; this is for a southbound bus stop; [2] that the following proposal from the Police Department be approved: (1) paint the curbing [approximately 122') red which is west of crosswalk at Division Street and El Toyon School; [(2) paint the curbing east of crosswalk white for passenger loading approximately 108'] were presented. Moved by Morgan, seconded b Van Deventer, to leave without red curbing at 6th and Highland. y Carried by unanimous vote. Moved by Camacho, seconded by Dalla, item b• be ayproved. Carried by unanimous vote. MAYOR Mayor Morgan stated the Sweetwater High School FOOTBALL TEAM had a good year and publicized the City; he would like the City to appropriate $500.00 for food for the boys, coaches and adults (approximately 110-120 people) for a banquet. Moved by Morgan, seconded by Reid, we refer this to the City Manager and see if we can help them with the food because of the favorable publicity the football team has Carried by unanimous vote. given us. Mayor Morgan spoke of the chain across the street "A" AVENUE BACK TO 12th STREET; seniors and tiny tots can't get through this area to unload their gear; we need to put a fence half -way between so they can go from "A" Avenue down or from 12th Street and down but it won't be a thoroughfare. Moved by Morgan, seconded by Camacho, we authorize the Manager to put a fence somewhere in the middle where people can part of this drive get in to load and unload their merchandize that they bring in. There was discussion. Included in the motion and second 12/6/77 one s ace be authorized for •arkin and the rest. for Motion carkied„ by the following vote, to -wit: Ayes: Van Deventer, Morgan. Nays: Dallas Reid. CITY COUNCIL - No report. PLANNING COMMISSION - NOTICES OF DECISION . ITEM 43, Planning Commission Resolution No. 91-77, approving applica- tion for PLANNED DEVELOPMENT PERMIT to allow a 23 UNIT CONDOMINIUM PROJECT at 1709 E. 16th Street; ITEM 44, Planning Commission Resolution No. 92-77, approving applica- tion for ZONE VARIANCE to allow serving of ALCOHOLIC BEVERAGES after midnight at 1838 Sweetwater Road; ITEM 45, Planning Commission Resolution No. 93-77, approving applica- tion for CONDITIONAL USE PERMIT to allow the MANUFACTURE AND WHOLESALE OF CErAMICS and greenware on property at 401 W. 35th Street, Suite "C". Moved by Camacho, seconded by Van Deventer, ITEMSA2,_44, 45 be filed. Carried, by the following vote, to -wit: Ayes: Cat.777----- Dalla, Reid, Van Deventer. Nays: None. Abstain: Morgan. Moved by Camacho, seconded by Reid, Ih222ttiag122closed. Carried by unanimous vote. The meeting closed at .9601 c,./ 2 CITY ERIC CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of December 20, 1977. turnin onl . Camacho, Corrections v4I/o Corrections CITY OF NATIONAL CITY, CALIFORNIA 12/6/77