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HomeMy WebLinkAbout1988 04-26 CC MINBook 69/Page 181 4/26/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 26, 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, Waters. Absent: VanDeventer. Administrative officials present: Bolint, Campbell, Eiser, McCabe, 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 Moved by Cooper, seconded by Pruitt, the revised minutes of the regular meeting of April 12, 1988 and the minutes of the regular meeting of April 19, 1988 be approved. Carried by unanimous vote. Absent: VanDeventer. PROCLAMATION The Proclamation declaring April 26, 1988 "in honor of CAPTAIN D. F. BERKEBILE" was read aloud in full by Mayor Waters. Moved by Cooper, seconded by Pruitt, in favor of this Proclamation. Carried by unanimous vote. Absent: VanDeventer. Mayor Waters presented the Proclamation to Capt. Berkebile, Commanding Officer, 32nd 5t. Naval Station, and spoke of the Navy's contributions to the City. Councilman Cooper presented Capt. Berkebile with a Resolution on behalf of the MTDB and thanked him for the help he has given to the City and the Transit Board (8th St. parking lot on Navy land). PUBLIC HEARINGS ASSESSMENT DISTRICT 228 1. SUBJECT: Public Hearing on Assessment Roll District No. 228, Alley No. 35, Civic Center Dr. to 14th St. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file, and no written protests were received. RECOMMENDATION: Staff recommended that Council conduct the hearing, deny or overrule all protests and proceed to confirmation of the proceedings and the assessment. Robert Onley, Consultant, was present, displayed a plat of the proposed Assessment District, showing each parcel to be assessed and said the $14,836.00 was assessed upon each parcel in proportion to benefit received. Mr. Onley continued, construction costs are $23,253.08, incidental expenses $6,083.00, total costs $29,336.08, City contribution $14,500.08, total amount to be assessed is $14,836.00. ACTION: Moved by Cooper, seconded by Pruitt, the Public Hearing be closed, and in the assessment be confirmed. Carried by unanimous vote. Absent: VanDeventer. UTILITIES — HAZARDOUS WASTE 2. SUBJECT: Public Hearing to determine whether the public health, safety or welfare require the formation of Underground Utility Districts 16, 17 and 18. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: Staff recommended that Council accept public input. Edgar Monroy, Civil Engineering Associate, was present and answered Council's questions TESTIMONY: The following people were present and said they were not opposed to the undergrounding, but were concerned about the cost of bringing service to their homes: Lucy Flores, 45 E. Plaza Blvd.; Dan Murphy, 936 "A" Ave.; Charlie Bradley, 938 "A" Ave.; Janice Martinelli, 916 "A" Ave. Mr. Bradley and Ms. Martinelli also spoke of waste (possibly hazardous) dumped in the alley by Chuck's Book Store. J Book 69/Page 182 4/26/88 ACTION: Moved by Cooper, seconded by Pruitt, the Public Hearing be closed and the proposed districts be approved. Carried by unanimous vote. Absent: VanDeventer. Council expressed concern over the possible costs to the homeowners, assured all present there would be a future public hearing where estimated homeowner costs would be addressed, and that the action taken tonight was merely to approve the districts. GENERAL PLAN - ZONE 3. SUBJECT: Public Hearing on proposed amendment to the Combined General Plan/Zoning Map from OS (Open Space) to ML-PD (Light Manufacturing - Planned Development) for property in CalTrans (1-5) right-of-way on the north side of Civic Center Dr.; Applicant: CalTrans; Case File No. GP-3-87/Z-3-87). The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission recommended approval of the proposed amendment; staff concurs with the Planning Commission's recommendation only for the westerly parcel and recommended that the OS designation be maintained for the landscaped area east of the trolley line. TESTIMONY: None. ACTION: Moved by Cooper, seconded by Pruitt, the Public Hearing be continued to May 3, 1988. Carried by unanimous vote. Absent: VanDeventer. GENERAL PLAN - ZONE 4. SUBJECT: Public Hearing on proposed amendment to the Combined General Plan/Zoning Map from IC -OS (Civic Institutional -Open Space) to CL-PD (Limited Commercial -Planned Development) for property in the area approximately 150 to 450 ft. south of Plaza Blvd. and 250 to 450 ft. east of Euclid Ave.; Applicant: National School District; GP-4-87/ZC-4-87. (This property is owned by the National School District and is proposed to be leased to the developer of the Galleria Shopping Center for development of a parking lot.) The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission recommended that the amendment be denied; staff recommended that the amendment be approved for the area which reflects the proposed amended lease. TESTIMONY: Dr. Gary Smith, Superintendent, National School District, DeWayne Duren, Asst. Superintendent, National School District; Mark Gegich, principal of The Galleria, 9484 Chesapeake Dr., San Diego and Dan Abbott, Attorney for the Galleria, 6780 Friars Rd., San Diego were present and spoke in favor. Opposed were: Donald Lortscher, 2537 E. 13th St. who presented a petition with over 90 signatures protesting the cul-de-sac portion of the parking lot; Jeanette Dalhert, 2711 E. 14th St. and Frances Richards, 2703 E. 14th St. ACTION: Moved by Cooper, seconded by Pruitt, the Public Hearing be continued to May 3, 1988. Carried by unanimous vote. Absent: VanDeventer. Mayor Waters called a recess at 8:40 p.m. Council reconvened at 8:53 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, Waters. Absent: VanDeventer. GENERAL PLAN - ZONE 5. SUBJECT: Public Hearing on proposed amendment to the Combined General Plan/Zoning Map from IC -OS (Civic Institutional -Open Space) to RS-2-PUD (Single -Family Residential -Planned Unit Development) for two areas on the edge of Las Palmas Park and the National City Golf Course, and from RS-2-PUD to IC -OS for an area of the condominium subdivision adjacent to the golf course; Applicant: 24th & Newell, Ltd.; GP-1-88/ZC-1-88. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Book 69/Page 183 4/26/88 RECOMMENDATION: The Planning Commission recommended that the amendment be denied; staff recommended that the amendment be approved only for Area B (See Exhibit "A" attached); the Parks and Recreation Director recommended installation of netting east of the 7th tee, but not along the project boundary. TESTIMONY: David Smith, General Partner, 24th & Newell Ltd., 815 3rd Ave., Chula Vista, was present and said since the proposed lease agreement has been amended to exclude golf course property, there is no need to require the netting recommended by American Golf. Robert Palmer, 2508 Rae Place, was present and said he objects to the netting, carports, lighting, loud music, extra traffic and loss of wildlife. City Attorney Eiser explained that the issue of netting is not part of the zone change. The following people were present and spoke in opposition to the netting: John Locke, 1904 Via Las Palmas; Dave Hewitt, President, Pacific Palms Condominium Assoc. (Phase II); Sally Troy; and Herb Whitney, 1842 Via Las Palmas. Patricia Wells, 2508 Rae Place spoke in opposition to the rezoning and the netting. City Attorney Eiser said the City has a joint venture of sorts in this situation because they would be leasing City property to the developer, and could perhaps be held liable for damages done by golf balls; we would welcome a signed agreement from the homeowners' group, or individual property owners accepting the liability. The following people were also present and spoke: Earl Brooks, limited partner, 24th & Newell Ltd., Loretta Singer, Attorney for American Golf Corp. ACTION: Moved by Pruitt, seconded by Cooper, the Public Hearing be continued to May 3, 1988. Carried by unanimous vote. Absent: VanDeventer. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,595 through 15,598) City Attorney Eiser said the title of Resolution No. 15,597 should be changed to read "A Resolution of the City Council of the City of National City authorizing the City Clerk to accept Drainage Easements..." Mr. Eiser recommended that Item 9 (Resolution No. 15,598) be removed from the agenda since it has not been considered by the Planning Commission. Moved by Cooper, seconded by Pruitt, the Consent Resolutions (except No. 15,598) be adopted. Carried by unanimous vote. Absent: VanDeventer. CONTRACT — CITY FACILITY/CIVIC CENTER MAINTENANCE 6. Resolution No. 15,595, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING THE FILING OF NOTICE OF COMPLETION FOR CITY ADMINISTRATION BUILDING, AIR CONDITIONING AND ROOF IMPROVEMENTS, ENGINEERING SPECIFICATION NO. 992." Adopted. See above. CONTRACT — TRANSPORTATION 7. Resolution No. 15,596, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A PROGRAM SUPPLEMENT NO. 12 TO LOCAL AGENCY —STATE AGREEMENT NO. 11-5066." Adopted. See above. DEEDS — FLOOD CONTROL 8. Resolution No. 15,597, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ACCEPT DRAINAGE EASEMENTS FROM DANNY DARBY, ARNULFO ROMERO AND JUANA ROMERO FOR 17TH 'M' AVENUE AND ALLEY 66 1911 ACT IMPROVEMENT PROJECT." Adopted. See above. STREET VACATION/PORTION OF 22ND ST 9. Resolution No. 15,598, "A Resolution giving Notice of Intention to vacate and close a portion of 22nd Street, between 'J' and 'K' Avenues." Moved by Dalla, seconded by Pruitt, the Engineering Dept. be directed to proceed with this proposed street vacation. Diane Molina, 2054 Noble St., La Mesa, was present to speak on behalf of her father who owns the property at 2205 'J' Ave. Motion carried by unanimous vote. Absent: VanDeventer. ORDINANCE FOR ADOPTION Moved by Dalla, seconded by Pruitt, the Ordinance be presented by title only. Carried by unanimous vote. Absent: VanDeventer. Book 69/Page 184 4/26/88 MUNI CODE — ZONE 10. Ordinance No. 1945, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 18.69.090 OF THE MUNICIPAL CODE." Moved by Cooper, seconded by Pruitt, Ordinance No. 1945 be adopted. Carried by unanimous vote. Absent: VanDeventer. NEW BUSINESS FINANCE MGMT 11. SUBJECT: Warrant Register No. 42, Ratification of Demands in the amount of $174,040.91 (Warrants Nos. 100594 through 100685 [except 100653], and Certification of Payroll for the period ending April 4, 1988, in the amount of $346,849.14. RECOMMENDATION: Staff recommended that the warrants be ratified. ACTION: Moved by Cooper, seconded by Pruitt, the bills be ratified and the payroll certified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Absent: VanDeventer. CLAIMS 12. SUBJECT: Claim for Damages of Hazel M. Krtek. RECOMMENDATION: Staff recommended that this claim be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by Pruitt, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: VanDeventer. OTHER BUSINESS VARIANCE 13. SUBJECT: Notice of Decision — Planning Commission Resolution No. 6-88, approving a Zone Variance Application for a second story addition to an existing two—story, single—family dwelling in the RS-3—PD—H15 Zone at 710 'K' Ave.; Applicant: Inez Burns; Case File No. Z-7-87. RECOMMENDATION: The Planning Commission approved the Variance subject to 15 conditions; staff concurs with the Planning Commission's approval and recommends that the Notice of Decision be filed. ACTION: Moved by Pruitt, seconded by Cooper, in favor of staff's recommendation. Carried by unanimous vote. Absent: VanDeventer. ASSESSMENT DISTRICT 230 14. SUBJECT: The City Engineer's report on Assessment District No. 230 (Alleys 101 and 106, and a portion of 23rd St.). Removed from agenda, to be rescheduled for the meeting of May 17, 1988. PERMITS AND LICENSES 15. SUBJECT Request for Council authorization of a public fireworks display permit for Radio Latina (May 7, 1988, at dusk for approximately 15 minutes (All City requirements except the minimum liability insurance coverages have been met; Radio Latina's contractor has been able to obtain $1 million in liability coverage instead of the City's required $5 million; it appears that no fireworks supplier is able to provide this amount of coverage.) RECOMMENDATION: Staff recommended that Council approve the fireworks display permit. ACTION: Moved by Cooper, seconded by Dalla, we approve the fireworks display permit. Carried by unanimous vote. Absent: VanDeventer. CITY —BINNED PROPERTY 16. SUBJECT: Meeting of the Real Estate Committee for disposal of City — owned property. RECOMMENDATION: The Real Estate Committee declares A.P.N. 559-200-15 as surplus property and recommends that Council direct staff to proceed with its disposal and authorize preparation of Quitclaim Deed for the 7.87 ft. parcel. ACTION: Moved by Pruitt, seconded by Dalla, the Real Estate Committee declare A.P.N. 559-200-15 surplus property and direct staff to proceed with its disposal. Carried by unanimous vote. Absent: VanDeventer. Book 69/Page 185 4/26/88 CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF ASSESSMENT DISTRICT The City Clerk reported the opening of sealed bids for 1911 Improvement Act improvements of 17th & 'MI Ave. and Alley No. 66 (Five bids were received: L. R. Hubbard Construction Co., Inc. — $178,255.51; Mur—Vic Construction Company, Inc. — $160,512.25; T. B. Penick & Sons, Inc. — $192,516.90; San Diego Equipment Rentals — $191,385.70; Sapper Construction Co. — $219,571.00.) ELECTION/JUNE 7, 1988 The City Clerk reported that she has been negotiating with the Registrar of Voters to get earlier election results, and requested City ballots be delivered directly to the courthouse rather than to a collection point, and then taken down when all were received; the initial response was negative, but the Registrar has agreed to do it on a trial basis for the June election. MAYOR — No report. CITY COUNCIL — No reports. PUBLIC ORAL COMMUNICATIONS — None. EXECUTIVE SESSION — LITIGATION — CONFLICT OF INTEREST Closed Session for pending litigation under Government Code Section 54956.9(A) (Donald Walker, et al vs City of National City, et al; People of the State of California vs Wiener). Councilman Pruitt said he would abstain on the Executive Session re Donald Walker because he has a long time relationship with Mr. Walker. Moved by Cooper, seconded by Pruitt, in favor of the closed sessions. Closed session re Donald Walker, et al vs City of National City, et al approved by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Pruitt. Absent: VanDeventer. Closed Session re Wiener approved by unanimous vote. Absent: VanDeventer. Council went into closed session at 10:19 p.m. Councilman Pruitt absented himself from the portion of the closed session dealing with the Donald Walker litigation. Council reconvened at 10:35 p.m. ROLL CALL Council members present: VanDeventer. Cooper, Dalla, Pruitt, Waters. Absent: ADJOURNMENT Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 4:00 p.m., May 3, 1988. Carried by unanimous vote. The meeting closed at 10:37 p.m. The foregoing minutes were approved at the regular meeting of May 3, 1988. Corrections No Corrections CITY OF NATIONAL CITY, CA 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. Exhibit "A" Book 69/Page 186 L A S PALMAS HARK r . (poolPaLmas parkingaarea) (stlocatecl neregrs C From IC -OS to RS-2-PUD (Areas A and B) From RS-2-PUD to IC -OS (Area C) Condominium Project Area NATIONAL CITY PLANNING