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Home My WebLink About1988 05-03 CC MINBook 69/Page 187 5/3/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 3, 1988 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Waters. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Principal Planner Ray, 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 the Rev. Wayne Rowland, First Congregational Church. APPROVAL OF MINUTES City Attorney Eiser referred to page 185, paragraph 8 of the 4/26/88 minutes, saying Councilman Pruitt seconded the motion approving the closed session, but abstained from voting on the closed session regarding the Donald Walker litigation; it would be consistent with Mr. Pruitt's abstention if the record does not reflect Mr. Pruitt seconding the motion; perhaps Council could bring this item back for reconsideration. Moved by Cooper, seconded by Dalla, in favor of the closed session. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Pruitt. Absent: VanDeventer. Moved by Cooper, seconded by Pruitt, the minutes of the regular meeting of April 26, 1988 be approved with this change. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. PROCLAMATIONS Moved by VanDeventer, seconded by Cooper, the Proclamations be accepted by title only. Carried by unanimous vote. The Proclamation declaring May 5, 1988 to be "NATIONAL DAY OF PRAYER" was read aloud in full by Mayor Waters. The Mayor asked the City Mayor to mail the Proclamation to President Reagan. The Proclamation declaring the week of May 9-15, 1988 to be "JUST SAY NO WEEK" was read aloud in full by Mayor Waters. The Mayor presented the Proclamation to Bob Morris, Steering Committee of San Diego County. The Proclamation declaring the month of May, 1988 to be "BETTER HEARING AND SPEECH MONTH" was read aloud in full by Mayor Waters. The Mayor presented the Proclamation to Jeannie Sloan. The Proclamation declaring the month of May, 1988 to be "VETERANS OF FOREIGN WARS MONTH" was read aloud in full by Mayor Waters. The Mayor presented the Proclamation to Larry Gunther and Jesse Ramirez, representatives of VFW Post 4630 who invited Council members to Memorial Day Services on May 29 at La Vista Memorial Park at 1:00 p.m., and said the VFW will be burning a copy of their mortgage on July 3 between 1:00 and 2:00 p.m.; there will be games and refreshments. PUBLIC HEARINGS GENERAL PLAN — ZONE — PARKING 1. SUBJECT: Continued 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. 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 (parking lot for The Galleria). Book 69/Page 188 5/3/88 TESTIMONY: The following people were present and spoke of their meeting and outlined changes to the parking lot: Donald Lortscher, 2537 E. 13th St.; DeWayne Ouren, Asst. Superintendent, National School District. ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed, move in favor of the modified recommendations, and the City Engineer look into possible drainage problems on Lanoitan. Carried by unanimous vote. GENERAL PLAN — ZONE 2. SUBJECT: Continued 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; GP-3-87/Z-3-87). 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: Gaylord Grimes, CalTrans, 2829 Juan St., San Diego, was present and answered Council's questions. ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed, we move forward with the Planning Commission's recommendation on the western parcel, and the eastern parcel stay the same. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters. Nays: Dalla, Pruitt. GENERAL PLAN — ZONE — SUBDIVISION 3. SUBJECT: Continued 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.; CP-1-88/ZC-1-88. 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) TESTIMONY: Mayor Waters reported that Pat Wells, Rae Place, called and said her only objection to the zone change was the netting. The following were present and spoke: David Smith, General Partner, 24th & Newell, Ltd.; Iry Whitney, 1842 Via Las Palmas; Steve Harper, American Golf Corp.; Robert Palmer, 2508 Rae Place. ACTION: Moved by Cooper, seconded by Pruitt, the Public Hearing be closed and the parcels in question be changed from IC —OS to RS-2—PUD (area B). Carried, by the following vote, to —wit: Ayes: Cooper, Dalia, Pruitt, Waters. Nays: VanDeventer. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,599 through 15,605) George Hood, 1521 E. 22nd St., was present and requested that No. 5 (15,600) be considered separately. Moved by VanDeventer, seconded by Pruitt, the Consent Resolutions (except No. 15,600) be adopted. Carried by unanimous vote. CONTRACT — ASSESSMENT DISTRICT 212 4. Resolution No. 15,599, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING MUR—VIC CONSTRUCTION TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUR—VIC CONSTRUCTION (DISTRICT NO. 212)." Adopted. See above. ASSESSMENT DISTRICT 228 6. Resolution No. 15,601, "A RESOLUTION CONFIRMING ASSESSMENT DISTRICT NO. 228 (ALLEY NO. 35)." Adopted. See above. TRANSPORTATION — MTDB 7. Resolution No. 15,602, "A RESOLUTION AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FY 1989." Adopted. See above. Book 69/Page 189 5/3/88 TRANSPORTATION 8. Resolution No. 15,603, "A RESOLUTION OPPOSING THE PRESIDENT'S PROPOSED 1989 BUDGET CUTS FOR MASS TRANSIT." Adopted. See above. POLITICAL SUPPORT 9. Resolution No. 15,604, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE DEVELOPMENT OF THE OTAY VALLEY REGIONAL PARK AND OPEN SPACE PLAN." Adopted. See above. CONTRACT — FIRE PROTECTION 10. Resolution No. 15,605, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE LOWER SWEETWATER FIRE PROTECTION DISTRICT TO PROVIDE FIRE PROTECTION." Adopted. See above. SIDEWALKS — COVENANT RUNNING WITH THE LAND 5. Resolution No. 15,600, A Resolution of the City Council of the City of National City denying exemption or deferral of installation of street improvements." Moved by Cooper, seconded by Pruitt, we allow George Hood to be exempt from putting in the improvements as long as he will sign a Covenant Running With the Land, and in the event a 1911 Act is enacted, he will not oppose it. This motion was not voted on. Moved by VanDeventer, seconded by Dalla, this be held over two weeks to determine if there are broken curbs which are dangerous. Carried by unanimous vote. ADOPTION OF RESOLUTION (NOT PART OF THE CONSENT RESOLUTIONS) CONTRACT — CITY —OWNED PROPERTY 11. Resolution No. 15,606, "A Resolution of the City Council of the City of National City authorizing the City Manager to execute a Lease Agreement with 24th and Newell, Ltd., for lease of property." City Attorney Eiser said he is still working on the Lease Agreement and requested that this item be removed from the agenda. Moved by VanDeventer, seconded by Cooper, in favor of the City Attorney's recommendation. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. MUNI CODE 12. "An Ordinance of the City Council of the City of National City, California, amending the National City Municipal Code by adding Section 2.44.120 to Chapter 2.44 to revise the procedure for disposal of unclaimed property." NEW BUSINESS FINANCE MGMT 13. SUBJECT: Warrant Register No. 43, Ratification of Demands in the amount of $235,926.94 (Warrants Nos.100686 through 100771). RECOMMENDATION: Staff recommended that the warrants be ratified. ACTION: Moved by Cooper, seconded by Pruitt, the bills be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. PERMITS AND LICENSES 14. SUBJECT: Application for Type 41, on —sale beer and wine license of Lawrence J. Greenberg (Polar Systems, Inc.), Elaine & Peter J. Chortek, Ronald Fox and Nancie Larimore, 1747 Sweetwater Rd., Suite F., dba Pofolks Restaurant. RECOMMENDATION: Police and Building Departments state no grounds for objection; the Planning Dept. recommended that Council protest issuance of this license until such time as a Conditional Use Permit is obtained. ACTION: Moved by Cooper, seconded by VanDeventer, this license be protested until applicant obtains a Conditional Use Permit. Carried by unanimous vote. Book 69/Page 190 5/3/88 WRITTEN COMMUNICATIONS BUDGET FY87-88 15. SUBJECT: A letter from the San Diego County Boys' Baseball requesting sponsorship of one or two boys from the National City area to attend the 7th Annual International Tournament, International Boys' League in Mexico City, August 11-19, 1988. RECOMMENDATION: None. ACTION: Moved by VanDeventer, seconded by Cooper, we donate $250, as long as one or two boys are from National City. Carried by unanimous vote. CONDITIONAL USE PERMIT 16. SUBJECT: A letter from Stephen Kerch of KRD Developing Resources, Inc. requesting interpretation from Council regarding site layout, PD-87 and CUP-87-15. RECOMMENDATION: None. TESTIMONY: Stephen Kerch and Tony Reed, 3625 Ruffin Rd., were present and spoke re additional gasoline pumps as accessory use at their proposed 130' car wash. ACTION: Moved by VanDeventer, seconded by Waters, this be referred back to the Planning Commission. Carried by unanimous vote. Mayor Waters called a recess at 5:38 p.m. Council reconvened at 5:48 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. PERSONNEL — LABOR RELATIONS — POLICE ADMIN. 17. SUBJECT: A letter from the National City Police Officers' Assoc. requesting placement on the agenda to address the upcoming administrative hearing regarding the termination of Police Chief Hart, the presentation of petitions from the citizens and business community of National City and the position of the Association regarding the above items and other related issues. RECOMMENDATION: None. TESTIMONY: Mark Musgrove, President, N.C.P.O.A. was present and spoke. ACTION: Moved by Pruitt, seconded by Dalla, this be filed. Carried by unanimous vote. OTHER BUSINESS — CONFLICT OF INTEREST STREET TREES 18. SUBJECT: Recommendations of the Street Tree and Parkway Committee from their meeting of April 21, 1988 (the following street tree removals: 1304 Roosevelt St./126 Civic Center Dr., six palm trees; 924 E. 13th St., requesting carrotwood tree to be planted, planting of one cupinea approved; 1430 E. 22nd St., tree roots growing into water meter; 1105 E. 7th St., roots from six trees damaging sidewalk, plumbing and shifting foundation of home; 1811 "N" Ave., tree roots cracking sidewalk; 1941 Highland Ave.. removal of two honeysuckle trees) RECOMMENDATION: The Street Tree and Parkway Committee recommended approval; request from 1811 "N" Ave. is being held over in order to reassess request and potential sidewalk damage; staff recommended ratification of the Street Tree and Parkway Committee's action. CONFLICT OF INTEREST: Councilman Cooper said he would abstain on those street tree removals at 1304 Roosevelt St. and 126 Civic Center Dr. because he owns property across the street. Councilman VanDeventer said he would abstain on the street tree removal at 1304 Roosevelt because that individual works for him. ACTION: Moved by Dalla, seconded by Pruitt, in favor of staff's recommendation. Street tree removals (except 1304 Roosevelt and 126 Civic Center Dr.) carried by unanimous vote. Street tree removals at 1304 Roosevelt approved by the following vote, to — wit: Ayes: Dalla, Pruitt, Waters. Nays: None. Abstaining: Cooper, VanDeventer. Street tree removals at 126 Civic Center Dr. approved by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: None. Abstaining: Cooper. Book 69/Page 191 5/3/88 CITY —OWNED EQUIPMENT — FIRE 19. SUBJECT: A request for use of the City's antique fire engine for the Oceanside Centennial Parade. RECOMMENDATION: Staff recommended that if Council desires, use of the fire engine be approved and funds encumbered for the towing services. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. Mayor Waters said Council members who wish to ride on the fire engine are welcome to do so. TEMPORARY USE PERMIT 20. SUBJECT: Request of Radio Latina (XLTN—Fm) and Fiesta Mexicana(X96—FM), approved by Council on March 22, 1988 (Council approved a TUP for use of Kimball Park May 6-8, subject to conditions of staff; although the TUP indicates that they requested permission to sell alcoholic beverages, no mention was made in either staff recommendation or the motion of approval; they did have approval for such sale the last time they had use of the park, but Radio Latina needs something to take to A.B.C. for their license; staff feels that approval of the sale of alcohol was intended, but no specific mention was made of it.) RECOMMENDATION: Staff recommended that Council ratify action of staff. ACTION: Moved by VanDeventer, seconded by Dalla, we ratify staff's action. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — ZONING VIOLATION — BUILDING VIOLATION City Attorney Eiser said he is disturbed by articles printed in the Star News regarding certain activities at Chuck's Book store; this business has violated City Ordinances, but no mention was made of the fact that enforcement action has been taken by the City; within eight days after the book store opened, a civil complaint for an injunction was filed; there is also a criminal action pending; the articles lead people to believe that the City Manager's office and the City Attorney's office are doing nothing, and this isn't true. Mayor Waters reported he had been interviewed by channel 8 with regard to Chuck's Book store and would appear on this evening's news. OTHER STAFF — No reports. MAYOR — No report. CITY COUNCIL PERSONNEL — LABOR RELATIONS 21. SUBJECT: Discussion of employee retirement recognition. RECOMMENDATION: Councilman Cooper would like to see $2,000-3,000 budgeted in the 1988-89 budget to recognize employees with 25 years or more service with a cake and something such as a gold watch, properly engraved, or a desk type pen and pencil set, or something along this order. ACTION: Moved by Cooper, seconded by VanDeventer, this be referred to the Budget Committee. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS POLICE PROTECTION Harold Reynolds, 635 1st St., was present and spoke of the continuing problems with vandalism and gunshots at the car wash at 2nd & Highland. Asst. City Manager Bolint said Mr. Reynolds brought these things to the attention of the City Manager's office and they have been referred to the Police Dept. POLICE PROTECTION Everett Dickson, 2745 E. 14th St., was present and thanked the Police Dept. for sending a cruiser to his neighborhood 2-3 times per week. ADJOURNMENT Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 7:00 p.m., May 10, 1988. Carried by unanimous vote. The meeting closed at 6:18 p.m. Book 69/Page 192 5/3/88 CITY CLERK The foregoing minutes were approved at the regular meeting of May 10, 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. J Condominium Project Area Exhibit "A" Book 69/Page 193 IC -OS LA S PALIMAS W1RK r - T .w is -OS MAP 166 (Las Palmas Park pool parking area) (sg ate ereirs MAP I,Z0 1440 `X" f:`E,'1ii' .'+1.� :i,�•�...:ra�i�[:r }i�;i-•^� _.�t.'1��;`,"y1,r!.r:,�,�}C i. y,Fc!4'4 /s; w< From 1C-OS to From RS-2-PUD RS-2-PUD J to 1C-OS (Areas A and B) Area C) NATIONAL CITY PLANNING