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HomeMy WebLinkAbout1988 03-08 CC MINBook 69/Page 144 3/8/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 8, 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, DaIIa, Pruitt, VanDeventer, Waters. Absent: None. Administrative officials present: Bolint, Eiser, McCabe, Deputy City Clerk Monday, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Vice Mayor Dalla. APPROVAL OF MINUTES Deputy City Clerk Monday said the minutes of the regular meeting of March 1, 1988 had not been distributed, and the minutes of the adjourned workshop meeting of February 26, 1988 have not been distributed because a necessary attachment was not received. No action taken. MAYOR'S INTERVIEWS/APPOINTMENTS BD COMM Sweetwater Authority Board Councilman VanDeventer requested that this item be trailed to the end of the agenda. PUBLIC HEARINGS ASSESSMENT DISTRICT 232 1. SUBJECT: Public Hearing on Resolution of Intention No. 15,517, District No. 232, Alley No. 103. The Deputy City Clerk said the Certificate of Publication and Affidavits of Mailing and Posting were on file, and five written protests were received constituting all of the property owners in the District: Steven & Conchita Mendivil, 1129 E. 23rd St., protested the cost; William & Jeannette Horgan, 2206 "L" Ave., protested the cost; Charles & Nina Drury, 2230 "L" Ave., protested the cost; Don G. Richardson, 1115 E. 23rd St., protested the cost and felt it would generate more vehicular traffic; E. J. Sprague, 1243 Moana Dr., San Diego, protested the cost and felt the alley would not be accessible to refuse trucks or emergency vehicles. RECOMMENDATION: Staff recommended that Council hold the hearing, deny or overrule all protests and close the hearing. Robert Onley, Engineering Consultant, 860 Crest Dr., Chula Vista, was present and displayed a map of the proposed Assessment District, saying construction costs were $45,093.00, the City's contribution was $12,813.00, with a total assessment of $32,280.00; there is 100% protest. TESTIMONY: The following people spoke in opposition: Don Richardson, 1115 & 1119 E. 23rd St.; Nina Drury, 2230 "L" Ave.; William Horgan, 2206 "L" Ave.; Ed Sprague, 1243 Moana Dr., San Diego; Steven Mendivil, 1129 E. 23rd St. Mayor Waters declared the Public Hearing closed. ACTION: Moved by Pruitt, seconded by Cooper, the Public Hearing be closed and deny proceeding any further with improving Alley No. 103, District 232. Carried by unanimous vote. MUNI CODE — ZONE 2. SUBJECT: Public Hearing on proposed amendment to Title 18 (Zoning) of the National City Municipal Code to delete provisions for guest houses and other similar uses as allowable accessory uses, Case File No. A-10-87. The Deputy City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission recommended approval; staff recommended that the amendment be adopted. Book 69/Page 145 3/8/88 ACTION: Moved by Dalla, seconded by Pruitt, we proceed and adopt the proposed amendment based on staff's findings. Discussion re adding a provision for unusual circumstances such as allowing a guest house for senior citizens, 65 years of age or older, or handicapped, subject to Council's discretion. City Attorney Eiser said it could be done, but the Ordinance should give guidelines as opposed to it being a matter of Council's discretion. Councilman Pruitt said he would agree to that. TESTIM ONY: Ray Duke, 1437 E. 15th St., was present and spoke in opposition to the proposed amendment. ACTION: Motion failed by the following vote, to —wit: Ayes: Dalla, Pruitt. Nays: Cooper, VanDeventer, Waters. ADOPTION OF RESOLUTIONS — CONFLICT OF INTEREST CONSENT RESOLUTIONS (Resolutions Nos. 15,549 through 15,556) Moved by VanDeventer, seconded by Cooper, the Consent Resolutions be adopted. Councilman VanDeventer said he would abstain on No. 5 (Resolution No. 15,551) because he has business relations with this individual. Vice Mayor Dalla requested that No. 7 (Resolution No. 15,553) be considered separately. Consent Resolutions (except Nos. 15,551 and 15,553) adopted by unanimous vote. Resolution No. 15,551 adopted by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. ASSESSMENT DISTRICT 228 3. Resolution No. 15,549, "A RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON, DISTRICT NO. 228)." Adopted. See above. TRANSPORTATION 4. Resolution No. 15,550, "A RESOLUTION AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TDA ARTICLE 4.5 FUNDS FOR NATIONAL CITY WHEELS." Adopted. See above. EASEMENT — FLOOD CONTROL 5. Resolution No. 15,551, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ACCEPT A DRAINAGE EASEMENT FROM JOHN Q. WIRTZ, WANDA A. WIRTZ, JOHN D. WIRTZ AND, IDA F. WIRTZ, DEVELOPERS OF SUBDIVISION ALONG WEST SIDE OF GROVE STREET, SOUTH OF 14TH STREET." Adopted. Abstaining: VanDeventer. See above. PARKING/TRAFFIC 6. Resolution No. 15,552, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF A 2— HOUR LIMITED PARKING ZONE IN FRONT OF EXISTING BUSINESS AT 2639 HIGHLAND AVENUE (TRAFFIC SAFETY COMMITTEE ITEM NO. 88-6)." Adopted. See above. CONTRACT — STREET IMPROVEMENTS 8. Resolution No. 15,554, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING THE FILING OF NOTICE OF COMPLETION FOR REMOVAL AND REPLACEMENT OF SIDEWALK, CURB AND GUTTER, ENGINEERING SPECIFICATION NO. 1011)." Adopted. See above. CONTRACT — CITY FACILITY/CIVIC CENTER MAINTENANCE 9. Resolution No. 15,555, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING KHAVARI CONSTRUCTION COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KHAVARI CONSTRUCTION COMPANY, ENGINEERING SPECIFICATION NO. 1016 (REPAIR INTERIOR SURFACE COUNCIL CHAMBERS AND LOBBY)." Adopted. See above. Book 69/Page 146 3/8/88 CONTRACT — POLICE PROTECTION 10. Resolution No. 15,556, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO APPROVE PERIODIC MOTORCYCLE TRAINING AT THE SAN MATEO POLICE TRAINING ACADEMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A HOLD HARMLESS AGREEMENT IN FAVOR OF THE CITY OF SAN MATEO." Adopted. See above. PARKING/TRAFFIC SIGNS 7. Resolution No. 15,553, "A Resolution of the City Council of the City of National City authorizing the installation of a 'Stop' Sign on Grove Street at its southbound approach to 14th Street (Traffic Safety Committee Item No. 88-4)." Moved by Dalla, this be referred to the City Engineer and the Planning Director to see what their recommendation would be, and bring it back to Council. Motion died for lack of second. Moved by Cooper, seconded by Waters, we hold this over for two weeks, the City Engineer do a study on a possible cul—de—sac and come back to Council with a report. Carried by unanimous vote. NEW BUSINESS FINANCE MGMT — CONFLICT OF INTEREST 11. SUBJECT: WARRANT REGISTER NO. 35, Ratification of Demands in the amount of $332,056.36 (Warrants Nos. 100026 through 100094). RECOMMENDATION: Staff recommended that the warrants be ratified. CONFLICT OF INTEREST: Councilman VanDeventer said he "would abstain on Warrant No. 100086 because he did a refund of a bond improvement back to his company." ACTION: Moved by Cooper, seconded by Pruitt, the bills be ratified. Warrants (except No. 100086) ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. Warrant No. 100086 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: Van Deventer. Mayor Waters called a recess at 8:41 p.m. Council reconvened at 8:53 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. WRITTEN COMMUNICATIONS BUDGET FY-87-88 12. SUBJECT: A letter from Ms. Nicole Mendoza of the Sweetwater Dolphins requesting financial assistance and support. RECOMMENDATION: None. ACTION: Moved by VanDeventer, seconded by Pruitt, we donate $250. Carried by unanimous vote. POLITICAL SUPPORT 13. SUBJECT: A letter from the Office of the Secretary of State requesting support for a new program in California schools called "YOU'VE GOT THE POWER." (This program will seek to register eligible high school seniors, to encourage students in all grades to register eligible friends and family members, and to generate discussion of the principles of democracy our election system embodies.) RECOMMENDATION: Councilman Pruitt said he asked the City Manager to put this on the agenda because he felt we should be involved. ACTION: Moved by Pruitt, seconded by VanDeventer, we Initiate a Resolution to support this. Carried by unanimous vote. SOLID WASTE MANAGEMENT 14. SUBJECT: A letter from Mr. Philip Rubin requesting an opportunity to present to the Mayor and City Council, a proposal for an alternate remedy for Municipal Code Section 7.10.080 (re trash enclosures). RECOMMENDATION: None. Book 69/Page 147 3/8/88 TESTIMONY: Philip Rubin, 2727 DeAnza Road, San Diego, was present and said his property sandwiched between industrial properties, and eventually his property would be industrial; his dumpster cannot be seen from either street, and it would cost him $4,000 to build the required trash enclosure; his property cannot support that cost; he requested that Council grant him an exception from this Code Section. ACTION: Moved by VanDeventer, seconded by Pruitt, the request be denied. Carried by unanimous vote. CLAIMS 15. SUBJECT: Claim for Damages of Guy Swan and 16. Claim for Damages of Patrick Reade Narvaez. RECOMMENDATION: Staff recommended that these claims be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, these claims be denied and referred to the City Attorney. Carried by unanimous vote. PERMITS AND LICENSES — FOR THE RECORD 17. SUB J E CT: Application for Person Transfer, Type 41 On —Sale Beer and Wine License, authorizing the sale of beer and wine for consumption on a bona fide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold; Applicant: Somyoth Sutrathada, 3421 E. Plaza Blvd., dba Thai Barb—B—Q Restaurant. RECOMMENDATION: Police, Planning and Building Departm ents stated no grounds for objection. FOR THE RECORD: Vice Mayor Dalla said this is a transfer, not a new license. ACTION: Moved by Cooper, seconded by Pruitt, in favor of this request. Carried by unanimous vote. OTHER BUSINESS PARKING/TRAFFIC 18. SUBJECT: Report February 10, 1988. RECOMMENDATION: report be received and and filed. of the Traffic Safety Committee from their meeting of The Traffic Safety Committee recommended that the filed; staff recommended that the report be received ACTION: Moved by Van Deventer, seconded by Cooper, Item VII — 2 (Removal of the existing loading zone for Keith's Restaurant on south side of Second St., west of National City Blvd.) be deleted. Carried by unanimous vote. Moved by Cooper, seconded by Van Deventer, the Engineering Dept. go down there and look at the red curbing and the yellow curbing, meet with the owner of the property, and see if we can delete some of the red curbing and give him at least 60' of yellow curbing for loading and unloading. Carried by unanimous vote. Vice Mayor Dalia spoke of Item VII — 3 (Traffic congestion on 12th St., east of Highland Ave.), saying there were "two ayes, two nays and two abstentions; according to the minutes, the motion carried"; he thought a vote split that way would not carry. City Attorney Eiser said that was correct; the motion failed. Councilman VanDeventer spoke of Item VII — 4 (there were motions to install 4—way stop controls at 18th & Lanoitan and 18th and Prospect, but both motions failed), saying there have been numerous accidents and some deaths at 18th & Prospect. Moved by Van Deventer, seconded by Pruitt, the Engineering Dept. do another traffic study and come back to Council with a firm recommendation, including the report from the Police Dept. Carried by unanimous vote. Moved by Van De venter, seconded by Cooper, the remainder of the Traffic Safety Committee Minutes be approved. Carried by unanimous vote. MAYTIME BAND REVIEW — FIRE DEPT 19. SUBJECT: Request for participation in the 1988 Maytime Band Review Parade (The Maytime Band Review Committee has invited the Fire Dept. to enter its antique fire engine in the April, 1988 parade and request authorization for Miss National City to ride on the vehicle.) RECOM MENDATION: Staff recommended approval. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of this request. Carried by unanimous vote. Book 69/Page 148 3/8/88 PUBLIC REQUESTS/COMPLAINTS 20. SUBJECT: Notice of Educational Filming in National City (CLAIM [Cooperative Learning Achievement in Media] , a non—profit educational group) has contacted the City Manager's office regarding its desire to film part of its "I Am Somebody" production in National City on March 10 & 11; no permit is required.) RECOMMENDATION: Staff recommended the letter be received and filed. TESTIMONY: Tom Gulbrandsen, Santee, was present and answered Council's questions. ACTION: Ordered filed by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR BD COMM SWEETWATER AUTHORITY BOARD RECOM MENDATION: Mayor Waters recommended Sue Jarrett be interviewed and appointed. Mayor Waters reported that Ms. Jarrett was not present. ACTION: Moved by Cooper, seconded by Van Deventer, this be held over one week. Carried by unanimous vote. POLICE PROTECTION 21. SUBJECT: Discussion of Mile of Cars —Police. RECOMMENDATION: None. Mayor Waters and Councilman Pruitt met with representatives of the Mile of Cars and were asked why the Police service with the Mile of Cars was discontinued (The Police Dept. has used vehicles from the Mile of Cars for unmarked cars); this program was discontinued by the Police Chief in January, and there has been an increase in car thefts on the Mile of Cars. ACTION: Moved by VanDeventer, seconded by Cooper, this be brought back in two weeks, and the Police Chief and the City Manager have all backup information available at that time. Motion carried by unanimous vote. UTILITIES Mayor Waters said he understands the City will be getting franchise fees from S D G & E in the amount of $328,033.78 and inquired if it would go into the General Fund. City Manager McCabe replied that it would. Mayor Waters read a letter from Senator Wilson regarding the Gas Tax Collection and asked the City Manager to keep an eye on this. Note: The letter was to have been attached as Exhibit •A• but as of 3/24/88 the Clerk's Office has not received a copy. COMMUNITY DEVELOPMENT/BLOCK GRANTS Mayor Waters noted that our Community Development Block Grant Funds are decreasing every year; he has written to Senator Wilson, Senator Cranston and Congressman Bates asking them to do anything in their power to maintain the current level of funding. CITY COUNCIL — No reports. PUBLIC ORAL COMMUNICATIONS — None. EXECUTIVE SESSION Closed session with City's designated representatives under Government Code Section 54957.6. Moved by VanDeventer, seconded by Cooper, in favor of the closed session. Carried by unanimous vote. Council went into Executive Session at 9:46 p.m. Council reconvened at 10:32 p.m. Book 69/Page 149 3/8/88 ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. ADJOURNMENT Moved by Cooper, seconded by VanDeventer, the meeting be adjourned to 4:00 p.m., March 15, 1988. Carried by unanimous vote. The meeting closed at 10:33 p.m. By: Deputy City Clerk v IONE CAMPBELL CITY (CLERK LTD LetfY The foregoing minutes were approved at the regular meeting of March 15, 1988. Corrections No corrections MAYOR CITY OF thTIONAL 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. NOTE: Sides one and three of this meeting did not record, due to a defective tape.