Loading...
HomeMy WebLinkAbout1988 02-09 CC MINBook 69/Page 92 2/9/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 9, 1988 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Waters. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, Mc Cabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Mc Cabe, followed with invocation by the Rev. Bruce Talbert, United Church of Christ, San Diego. APPROVAL OF MINUTES Moved by Cooper, seconded by Pruitt, the minutes of the regular meeting of February 2, 1988 be approved. Carried by unanimous vote. PUBLIC HEARINGS WEED ABATEMENT 1. SUBJECT: Public Hearing on Weed Abatement RECOMMENDATION: Staff recommended that Council approve staff's report and account (25 parcels abated at a cost of ;8,517.41). TESTIMONY: The following were present and spoke: Maria C. Atalig and Jesse Atalig, 2431 Norfolk St. protested their assessment of $371.77 because they hired someone to clean the property. Derrick Wallace, 2105 Hollister, was present and said he was hired by the Ataligs to clean up the property in September or October; Joseph Bendah, 6602 El Cajon Blvd., protested the amount of his assessment ($568.63). Discussion re paying City employees at the overtime rate vs hiring a contractor. Captain Killacky, N.C.F.D. said the City cleaned the Ataligs' property on June 27, 1987, and showed Council the "before and after" pictures of both of these parcels. ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed, and we approve staff's report and account. Carried by unanimous vote. GENERAL PLAN — ZONE 2. SUBJECT: Public Hearing on Amendment of the Combined General Plan/Zoning Map from CG (General Commercial) to RS-3—PD (Residential, Single —Family Extendable —Planned Developm ent) and RS-2 (Residential, Single — Family) for specific areas in the blocks east and west of Highland Ave., south of Division St. and north of 7th St.; Case File No. GP-1-87/ZC-1-87). The City Clerk reported that she received two letters of protest, one from Evelyn L. Cochran, 723 E. 3rd St., and one signed by Harold H. Sendt, William J. Sendt, Ayda G. Parra—Sendt, Andrew T. Ramon and Margo C. Ramon, owners of the sw corner lot at Highland and Division. RECOMMENDATION: The Planning Commission recommended approval of the proposed am endment; staff concurs with the recommendation of the Planning Commission. TESTIM ONY: The following people were present and protested the zone change: Gonzalo Delgado, 16 Highland Ave.; Gloria Ditch, 804 & 814 Melrose St. and 38 Highland Ave.; Martha Deninger, 822 Melrose St.; Fred Lacarra, 37 Highland Ave.; Helen Hailing, 831 Melrose St.; Juanito Verzosa, 123 & 127 Highland Ave.; Margaret Lovell, 1004 E. 1st St. Mayor Waters declared the Public Hearing closed. ACTION: Moved by Van Deventer, seconded by Waters, The Public Hearing be closed and we leave as commercial the properties on Melrose that Mr. Post recommended (804, 814, 822 & 831), and change the rest of it from CG to Residential as outlined by Mr. Post. Mayor Waters said if this motion passes, zoning on the properties owned by those who protested tonight will not be changed. Councilman Pruitt Book 69/Page 93 2/9/88 spoke of the property at 723 E. 3rd St. which was purchased for the Co m mercial Zoning, and inquired if it could be changed back to commercial later and if the City could have legal difficulties. City Attorney Eiser said "Regardless of when it was purchased, with the recent First Lutheran Case in the Supreme Court, the question is whether, if there's a down —zoning now, under the First Luteran Decision, does that result in a taking that can be compensated for? The analysis of that opinion is that if there is some viable use of the property, it is not compensible; it can still be down —zoned; the City is not precluded from down —zoning at the risk of paying compensation in all cases. If the property owner comes back with a plan to develop the property co m mercially, it can be reconsidered later." Motion carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. GENERAL PLAN — ZONE 3. SUBJECT: Public Hearing on Am endment of the Combined General Plan/Zoning Map from RT—PD (Two —Family Residential —Planned Developm ent) to RS-2 (Single —Family Residential) for the area north and south of 7th St., west of Palm Ave. RECOMMENDATION: The Planning Commission recommended approval of the proposed amendment; staff concurs with the recommendation of the Planning Com mission. TESTIMONY: The following were present to speak in favor of the zone change: John and Rachel Morales, 1525 E. 7th St. Mayor Waters declared the Public Hearing to be closed. ACTION: Moved by Van Deventer, seconded by Cooper, the Public Hearing be closed, and the Planning Commission's recommendation be approved. Carried by unanimous vote. STREET VACATION 4. SUB JE CT: Public Hearing on the proposed vacation of the westerly 114' of the unimproved portion of 29th St., located approximately 165' east of "A" Ave. RECOMMENDATION: The Planning Commission recommended vacation of all but the easterly 20' of the subject area; staff recommended approval of the vacation. TESTIM ONY: Don McLean (representing proponent Paul Howell) was present and spoke in favor of vacating the street, including the easterly 20 feet. Mayor Waters declared the Public Hearing to be closed. ACTION: Moved by Dalla, seconded by Cooper, The Public Hearing be closed and in favor of vacating the street, including the easterly 20 feet. Carried by unanimous vote. Mayor Waters called a recess at 8:41 p.m. Council reconvened at 8:52 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,531 through 15,533) Vice Mayor Dalla requested that No. 6 be considered separately. Moved by Cooper, seconded by Pruitt, the Consent Resolutions (except No. 6) be adopted. Carried by unanimous vote. ASSESSMENT DISTRICT 212 5. Resolution No. 15,531, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE WORK, DIRECTING PUBLICATIONS OF NOTICE INVITING BIDS AND ADOPTING SCALE OF PREVAILING WAGES, DISTRICT NO. 212." Adopted. See above. Book 69/Page 94 2/9/88 PARKING/TRAFFIC 7. Resolution No. 15,533, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 'NO TRUCK PARKING' SIGNS ON THE NORTH SIDE OF SECOND STREET BETWEEN ROOSEVELT AVENUE AND NATIONAL CITY BOULEVARD (TRAFFIC SAFETY COMMITTEE ITEM NO. 87-93)." Adopted. See above. PARKING/TRAFFIC — CONFLICT OF INTEREST 6. Resolution No. 15,532, "A RESOLUTION DESIGNATING RESIDENTIAL PERMIT PARKING AREA 'H', ESTABLISHING PROHIBITED PARKING AND AUTHORIZING PERMITS AND POSTING SIGNS." Vice Mayor Dalla said he would abstain because his home is on this street. Moved by Cooper, seconded by Pruitt, Resolution No. 15,532 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: None. Abstaining: Dalla. ADOPTION OF RESOLUTIONS (not part of the Consent Resolutions) Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. ELECTION/JUNE 7, 1988 8A. Resolution No. 15,534, "A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT A SPECIAL ELECTION OF THE CITY OF NATIONAL CITY ON TUESDAY, JUNE 7, 1988, AND TO CONSOLIDATE THAT ELECTION WITH THE ELECTION TO BE HELD BY THE COUNTY OF SAN DIEGO ON THE SAME DAY." Moved by Cooper, seconded by Van Deventer, Resolution No. 15,534 be adopted. Carried by unanimous vote. ELECTION/J UNE 7, 1988 8B. Resolution No. 15,535, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 1988 FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A PROPOSED ORDINANCE CHANGING THE APPROPRIATIONS LIMIT FOR FISCAL YEARS 1987-88 THROUGH 1990-91." Moved by Van Deventer, seconded by Cooper, Resolution No. 15,535 be adopted. Carried by unanimous vote. EMERGENCY PLAN 9. Resolution No. 15,536, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE NATIONAL CITY EMERGENCY PLAN, AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN A LETTER OF PROMULGATION." Moved by Cooper, seconded by Van Deventer, Resolution No. 15,536 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by VanDeventer, seconded by Cooper, the Ordinances be presented by title only. Carried by unanimous vote. MUNI CODE — CITY COUNCIL MEETINGS 10. Ordinance No. 1937. "AN ORDINANCE OF THE CITY OF NATIONAL CITY REPEALING ORDINANCE NO. 1808 AND SECTION 2.04.011 OF THE NATIONAL CITY MUNICIPAL CODE." (dispensing with pre —meetings or "Council Briefing Sessions") Moved by VanDeventer, seconded by Cooper, Ordinance No. 1937 be adopted. Carried by unanimous vote. MUNI CODE 11. "An Ordinance of the City of National City amending Ordinance No. 1812 and Section 7.10.010 (D) of the National City Municipal Code — Redefining 'Multiple Residential Unit' in Title 7 (Property Conservation and Community Appearance)." City Attorney Eiser said an error was made in the agenda preparation; Item 11 in the agenda packet pertains to building moving, but is not on the printed agenda and Council cannot take action tonight; the Ordinance on property conservation will be on next week's agenda for first reading, and the Ordinance pertaining to building moving will be on the agenda for second reading. Book 69/Page 95 2/9/88 NEW BUSINESS FINANCE MGMT — CONFLICT OF INTEREST 12. SUBJECT: WARRANT REGISTER NO. 31, Ratification of Demands in the amount of $56,583.77 (Warrants Nos. 99712 through 99773). RECOMMENDATION: Staff recommended the warrants be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the bills be ratified. CONFLICT OF INTEREST: Councilman VanDeventer said he would abstain on Warrant No. 99745 because he owns the premises. A CTION: Warrants (except No. 99745) ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Van Deventer, Waters. Nays: None. Warrant No. 99745 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. CLAIMS 13. SUBJECT: The Claim for Damages of Stephen Rodgers, 14. The Claim for Damages of McMillin Development, Inc.; McMillin Construction Co., Inc.; and McMillin Family Trust and 15. The Claim for Damages of Enrique A. Cordero. RECOMMENDATION: Staff recom mended that these claims be denied and referred to the City Attorney. ACTION: Moved by Dalla, seconded by Pruitt, these claims be denied and referred to the City Attorney. Carried by unanimous vote. PERMITS AND LICENSES 16. SUB J E CT: Application for Type 20, off —sale, beer and wine license, authorizing the sale of beer and wine for consumption off the premises where sold; Applicant: Pic 'N' Save of California, Inc., P-12 Long Beach #97369, dba Pic 'N' Save, 1410 E. Plaza Blvd. RECOM MENDATION: Police Planning and Building Departments state there are no grounds for objection; C UP 1987-13 was approved by the Planning Commission on November 16, 1987. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of this request. Carried by unanimous vote. WRITTEN COMMUNICATIONS SUBDIVISION 17. SUBJECT: A letter from Randolph, Alexander & Smith, requesting Council approval to have individual addresses for Phase 1I1, Via Las Palmas, in lieu of the presently designated system of addressing multiple unit projects. RECOMMENDATION: City Manager McCabe recommended that Council refer this matter to staff for review. TESTIM ONY: David Smith (representing 24th & Newell) was present and answered Council's questions. ACTION: Moved by Dalla, seconded by Cooper, this be referred to staff for a report (to be brought back to Council next week). Carried by unanimous vote. OTHER BUSINESS CONDITIONAL USE PERMIT — CONFLICT OF INTEREST 18. SUBJECT: Notice of Decision — Planning Commission Resolution No. 1-88, approving a Conditional Use Permit Application for the sale of beer and wine as an incidental use to a restaurant at 1141 Highland Ave.; Applicant: Chong YuI Mun; Case File No. 1987-17. RECOMMENDATION: The Planning Commission voted to approve subject to seven conditions; staff concurs with the Planning Commission's approval and recom mended that the Notice of Decision be filed. ACTION: Moved by Pruitt, seconded by VanDeventer, in favor of this request. CONFLICT OF INTEREST: Mayor Waters said he would abstain because this business is about four blocks from his business. Motion carried by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer. Nays: None. Abstaining: Cooper, Waters. TRANSPORTATION 19. SUB JE CT: The City Engineer's report on the 1988 Five —Year Regional Transportation Improvement Program. RECOMMENDATION: Staff recommended that the report be accepted and filed. Book 69/Page 96 2/9/88 Vice Mayor Dalla said he would like to see SANDAG prepare an annual report on the Proposition A funds, indicating the amount of money received from various communities, and the amount of money those communities receive as their portion of Proposition A funds. ACTION: Ordered filed by unanimous vote. PARKING/TRAFFIC 20. SUBJECT: The City Engineer's report on angle parking request for east —west streets, between Roosevelt Ave. and 1-5. RECOMMENDATION: Staff recommended that the report be received and filed. ACTION: Moved by VanDeventer, seconded by Cooper, this be referred to staff to bring back a report within 30 days. Carried by unanimous vote. CITY COUNCIL POLICY 21. SUB J E CT: The Administrative Assistant's report on City Council Policy on Utilization of City vehicles in parades. RECOM MENDATION: Staff recommended that Policy #f111 be adopted as an addition to the City Council Policy Manual. ACTION: Moved by Van Deventer, seconded by Cooper, in favor of staff's recommendation. Mayor Waters said he would like to see Miss National City included by title. Carried by unanimous vote. COMMUNITY PROMOTION 22. SUBJECT: The Administrative Assistant's report on Display Advertising in Star News "South Bay Progress" Edition. RECOMMENDATION: Staff recommended that Council authorize the City Manager to purchase a 1/4—page display ad at a cost of approximately $486.00. Mayor Waters said he would like Administrative Assistant Garza to write the story, not the Star —News; Council could assist on an individual basis. City Manager Mc Cabe said he thinks the Star —News Reporter will do the actual story, but we can give input. A CTION: Moved by Waters, seconded by Pruitt, in favor of staff's recommendation. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR UTILITIES Mayor Waters reported that A T & T has finally moved back into the City and they will be located in Plaza Bonita. REQUESTS/CITY COUNCIL TAPES Mayor Waters thanked the City Clerk for seeing that he got the tapes he requested last week. CITY COUNCIL STREET TREES 23. SUBJECT: Proposed street tree removal at 1405 E. 1st Street. RECOMMENDATION: The Street Tree & Parkway Committee will not meet until February 18, and Council would not receive their report until March 1; Councilman Pruitt recommended that Council approve immediate removal of the tree because it is causing considerable damage to the sidewalk, curb and gutter; there has been removal of tree roots from the sewer line, and the property owner has been paying sewer bills for over two years. ACTION: None. BD COMM/STREET TREE AND PARKWAY COMMITTEE Councilman VanDeventer said there is a vacancy on the Street Tree and Parkway Committee; at times they have not had a quorum and things have been held up. Vice Mayor Dalla he spoke to someone who indicated some interest, and as far as he knows, they are still interested; he will schedule interviews for next week. Book 69/Page 97 2/9/88 PUBLIC ORAL COMMUNICATIONS — None. ADJOURNMENT Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to a Police Facility Financing Workshop on February 16, 1988 at 2:00 p.m. Carried by unanimous vote. The meeting closed at 9:40 p.m. J CITY CL RK The foregoing minutes were approved at the regular meeting of February 16, 1988. Corrections No corrections CITY OF NATIONAL CITY, CALIFORNIA ALL CITY COUNCIL MEETINGS ARE TAPE RECORDED. YOU MAY LISTEN TO THE TAPES AT THE CITY CLERK'S OFFICE OR THE NATIONAL CITY PUBLIC LIBRARY. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK.