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HomeMy WebLinkAbout1988 05-10 CC MINBook 69/Page 194 5/10/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 10, 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: Dalla, Pruitt, VanDeventer, Waters. Absent: Cooper. 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 the Rev. Wayne Rowland, First Congregational Church. APPROVAL OF MINUTES Moved by Pruitt, seconded by VanDeventer, the minutes of the regular meeting of May 3, 1988 be approved. Carried by unanimous vote. Absent: Cooper. PROCLAMATIONS Moved by VanDeventer, seconded by Pruitt, the Proclamation be accepted by title only. Carried by unanimous vote. Absent: Cooper. The Proclamation declaring the month of May, 1988 to be "SENIOR CITIZENS' RECOGNITION MONTH" was read aloud in full by Mayor Waters. Moved by VanDeventer, seconded by Pruitt, In favor of this Proclamation. Carried by unanimous vote. Absent: Cooper. The Mayor presented the Proclamation to Norma Dibley. PORT COMMISSION Mayor Waters spoke of a letter he sent to the Chairman of the Port Commission, saying the Port Commission is looking for a site for the 1991 America's Cup Race; there are 21 acres facing the ocean behind the ITT building that should be considered; when the marina is dredged out, the dirt will be put adjacent to the 21 acres, and he recommended that the Port Commission do a study on this; he received a call from the Port District and they have agreed to study this area. PUBLIC HEARINGS CONDITIONAL USE PERMIT FOR THE RECORD 1. SUBJECT: Public Hearing on appeal of the Planning Commission's approval of Conditional Use Permit application for the sale of used merchandise in the General Commercial Zone at 1469 through 1475 E. Plaza Blvd.; Applicant: Goodwill Industries; Case File No. CUP 1988-2. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission approved the application subject to four conditions; staff recommended that the Conditional Use Permit be denied based on the following: Proposed use will have an adverse effect upon adjacent and abutting properties because the sale of used merchandise is not compatible with permitted or existing retail and restaurants within the shopping center; the use may encourage other used merchandise retail outlets to locate in the area; proposed use is not deemed essential and desirable to the public convenience or welfare because it is not complementary to adjacent restaurants and retail uses. TESTIMONY: The following were present and spoke in favor of this use: Tom Tolleson, President, Goodwill Industries, San Diego County; Mike Rowan, Executive Director, Goodwill Industries, who made a brief slide presentation showing some of their stores in San Diego County; the Secretary/Attorney for Goodwill Industries. ACTION: Moved by Dalla, seconded by VanDeventer, The Public Hearing be closed and this CUP Application be denied based on staff's findings. Carried by unanimous vote. Absent: Cooper. FOR THE RECORD: Vice Mayor Dalla said when someone tried to rent this facility for used carpeting, Council denied his application too. Book 69/Page 195 5/10/88 ZONE 2. SUBJECT: Public Hearing on appeal of Planning Commission's denial of site plan for room additions (to an existing, lawful, non -conforming, two-story duplex) at 342 E. 27th St.; Appellant: Cosme Ronomeron. RECOMMENDATION: The Planning Commission voted to deny the appeal; staff concurs with the Planning Commission's denial. TESTIMONY: Cosme Ronomeron was present and spoke. ACTION: Moved by VanDeventer, seconded by Dalla, the Public Hearing be closed, the Planning Commission's denial be upheld, and we refund all permit fees to the applicant. Carried by unanimous vote. Absent: Cooper. ZONING VIOLATION 3. SUBJECT: Public Hearing on appeal of Planning Commission's denial of an appeal of Notice of Violation directed to Cleveland Associates, regarding outdoor storage of motor vehicles and unscreened outdoor storage of more than sixty cubic feet in volume, on property located in the CT Zone at 517 W. 24th St.; Case File No. C.V. 88-56. RECOMMENDATION: The Planning Commission voted to deny the appeal; staff recommended that the appeal be denied. TESTIMONY: Michael Krichman, Attorney representing Cleveland Assoc. and Fred Cameron, applicant, were present and said they were requesting continuance of a long-standing use. City Attorney Eiser said the use has to be a lawful use from the beginning; his understanding is the long-standing use was illegal. ACTION: Moved by Dalla, seconded by Pruitt, the Public Hearing be closed and the appeal be denied. Moved by VanDeventer, seconded by Waters, the motion be amended and the applicant meet with staff and determine what items on the premises are personal property or equipment, staff come back with a recommendation, and Council will make a determination. Amendment carried by unanimous vote. Absent: Cooper. Motion carried by unanimous vote. Absent: Cooper. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,607 through 15,613) Councilman Pruitt requested that Nos. 8, 9 and 10 (Resolution Nos. 15,611, 15,612 and 15,613) be considered separately. Mayor Waters requested that No. 6 (Resolution No. 15,609 be considered separately. Moved by VanDeventer, seconded by Pruitt, the Consent Resolutions (except Nos. 15,609, 15,611, 15,612, and 15,613) be adopted. Carried by unanimous vote. Absent: Cooper. CONTRACT 4. Resolution No. 15,607, "A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ALEXANDER HAAGEN CO., INC., FOR PUBLIC AND PRIVATE IMPROVEMENTS." (the old Gemco site at 3007 Highland Ave.) Adopted. See above. RIGHT-OF-WAY 5. Resolution No. 15,608, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN ENCROACHMENT REMOVAL AGREEMENT FROM MEYER C. WEINER CO." Adopted. See above. GENERAL PLAN 7. Resolution No. 15,610, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING AN AMENDMENT TO THE GENERAL PLAN." Adopted. See above. ASSESSMENT DISTRICT - PERSONNEL 6. Resolution No. 15,609, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPOINTING JOHN PACHON AS SUPERINTENDENT OF STREETS AND RESCINDING RESOLUTION NO. 15,373." Moved by Waters, seconded by VanDeventer, Resolution No. 15,609 be adopted. Absent: Cooper. CITY -OWNED PROPERTY - CONFLICT OF INTEREST 8. Resolution No. 15,611, "A RESOLUTION AUTHORIZING THE CITY ENGINEER TO ENTER INTO THREE ESCROWS FOR ACQUISITION OF REAL PROPERTIES FROM NUNEZ, GOGUE AND VELASCO." (Assessor's Parcels Nos. 561-262-05, 561-160-26 and 561-262-26) Councilman Pruitt said he would abstain because this property abuts his home. Moved by Dalla, seconded by VanDeventer, Resolution No. 15,611 be adopted. Carried, by the following vote, to - wit: Ayes: Dalla, VanDeventer, Waters. Nays: None. Abstaining: Pruitt. Absent: Cooper. Book 69/Page 196 5/10/88 DEEDS — CONFLICT OF INTEREST 9. Resolution No. 15,612, "A RESOLUTION OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF THREE GRANT DEEDS FOR STREET PURPOSES FROM NUNEZ, GOGUE, AND VELASCO." (Assessors Parcels Nos. 561-262-26, 561-160-26 and 561-262-06) Councilman Pruitt said he would abstain because this property abuts his home. Moved by Dalla, seconded by VanDeventer, Resolution No. 15,612 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: None. Abstaining: Pruitt. Absent: Cooper. CONTRACT — UTILITIES/TELEPHONE 10. Resolution No. 15,613, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A TELEPHONE MAINTENANCE CONTRACT BETWEEN TEL PLUS OF SOUTHERN CALIFORNIA AND THE CITY OF NATIONAL CITY." Moved by Dalla, seconded by Pruitt, Resolution No. 15,613 be adopted. Carried by unanimous vote. Absent: Cooper. Mayor Waters called a recess at 8:20 p.m. Council reconvened at 8:35 p.m. ROLL CALL Council members present: Dalla, Pruitt, VanDeventer, Waters. Absent: Cooper. RESOLUTIONS FOR ADOPTION (CONTTD.) LOCAL COASTAL PLAN 11. Resolution No. 15,614, "A RESOLUTION NATIONAL CITY ADOPTING MODIFICATIONS PROGRAM, LAND USE PLAN, PURSUANT TO AS SUGGESTED BY THE CALIFORNIA VanDeventer, seconded by Pruitt, Carried by unanimous vote. Absent: ORDINANCE FOR ADOPTION Moved by VanDeventer, seconded by Pruitt, only Carried by unanimous vote. OF THE CITY COUNCIL OF THE CITY OF TO THE NATIONAL CITY LOCAL COASTAL THE CALIFORNIA COASTAL ACT OF 1976, COASTAL COMMISSION." Moved by Resolution No. 15,614 be adopted. Cooper. the Ordinance be presented by title 12. Ordinance No. 1946, "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." Moved by VanDeventer, seconded by Pruitt, Ordinance No. 1946, be adopted. Carried by unanimous vote. Absent: Cooper. NEW BUSINESS FINANCE MGMT 13. SUBJECT: Warrant Register No. 44, Ratification of Demands in the amount of $146,296.81 (Warrants Nos. 100772 through 100839), and Certification of Payroll for the period ending April 18, 1988, in the amount of $353,029.90. RECOMMENDATION: Staff recommended that the warrants be ratified. ACTION: Moved by VanDeventer, seconded by Dalla in favor. Carried, by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: None. Absent: Cooper. WRITTEN COMMUNICATIONS PERSONNEL — CITY COUNCIL POLICY 14. SUBJECT: Letter from Everett L. Bobbitt requesting permission to address Council of behalf of the National City Police Officers, Assoc. RECOMMENDATION: None. TESTIMONY: Everett Bobbitt, 1859 5th Ave., San Diego, was present and spoke of an incident involving Councilman Pruitt and the Police Dept. ACTION: None. Book 69/Page 197 5/10/88 PERSONNEL 15. SUBJECT: Letter from Gary Polakoff requesting permission to address Council re Terry Hart. RECOMMENDATION: None. TESTIMONY: Gary Polakoff, 2401 National City Blvd., and asked Council to Attorney Bobbitt and problems that would be ACTION: None. was present instruct the City Manager to meet with see if there is some way to resolve the satisfactory to the City. OTHER BUSINESS PARKING/TRAFFIC 16. SUBJECT: Report of the Traffic Safety Committee from their meeting of April 13, 1988. RECOMMENDATION: The Traffic Safety Committee recommended that the report be received and filed; staff recommended that the report be received and filed. ACTION: Ordered filed by unanimous vote. Absent: Cooper. CITY MANAGER — No report. CITY ATTORNEY — No Report. OTHER STAFF ELECTIONS The City Clerk said her office remained open until 12:00 midnight on Monday for voter registration and over 100 people registered. MAYOR PORT DISTRICT Mayor Waters said Council needs to keep in contact with the Port District regarding the possibility of holding the 1991 America's Cup Race in National City; the Port District is looking into this. ELECTION/JUNE 7, 1988 Mayor Waters spoke of the Gann Initiative, saying most people don't understand what it is all about; it will not raise taxes, but will allow the City to spend more of the sales tax dollars than they are currently allowed to spend; we will be breaking ground for the new hotel in a couple weeks. CITY COUNCIL — No reports. PUBLIC ORAL COMMUNICATIONS TEMPORARY USE PERMIT Mayor Waters said La Mesa R.V. Center at Plaza Bonita starting Thursday, understands they have been doing this sure the tax money generated is going said there may be a way for the City will be displaying and selling R.V.'s but they don't have a permit; he for years, but it is illegal; he is to La Mesa. Asst. City Manager Bolint to capture the tax associated through sales; it would require some follow—up with La Mesa R.V. Center and the State Board of Equalization; the City Manager's Office will pursue that. Bob Crow, Manager, La Mesa R.V. Center was present and said no mention was made of a TUP when they signed the contract with Plaza Bonita; he would like to apply for the TUP. City Attorney Eiser said Council could make a finding that the need to take action arose after the agenda was posted. Moved by VanDeventer, seconded by Pruitt, we make a finding that the need to take action arose after the agenda was posted. Carried by unanimous vote. Absent: Cooper. Moved by VanDeventer, seconded by Pruitt, in favor of this request. Carried by unanimous vote. Absent: Cooper. Mr. Crow was advised to submit the TUP application the morning of Wednesday, May 11. LITIGATION Jacqueline DeGuire, 315 E. 24th St., was present and spoke of her concern about the activities at Chuck's Book Store. City Attorney Eiser outlined action the City has taken thus far, saying the trial on the permanent injunction was set for May, 1989; a criminal action has been filed re the doors on the peep show booths; that will be heard in South Bay Municipal Court, on Thursday, May 12 at 9:00 a.m. Book 69/Page 198 5/10/88 CARNIVALS Leona Meyers, 1415 "D" Ave., was present and inquired if the July 4 carnival would be on "D" Ave. again this year, and if the same music would be played, she would rather have it than the other stuff. Mrs. Meyers was advised the carnival would be on "D" and her comments would be passed along. PARKING/TRAFFIC — FLOOD CONTROL Ricardo Ritchie, 1126 E. 8th St., was present and spoke of the increased speed limit and lack of road signs on E. 8th; the speed limit has been increased from 35 M.P.H. to 45 M.P.H.; that is a school zone and the present situation is unsafe; the school children have to run to get across the street; there have been several accidents at that location. Mayor Waters asked the City Manager to refer this to the Traffic Safety Committee. Mr. Ritchie spoke of erosion control, saying he assumes the City made the cut through E. 8th., but there is no proper erosion control; the bank has been falling down and the temporary barriers imply to him that the City is responsible. City Engineer Stafford said that is on the City's Capital Improvement Project list; he doesn't recall which year, but it is within the City's five—year plan. ADJOURNMENT Moved by VanDeventer, seconded by Pruitt the meeting be adjourned to 4:00 p.m., May 17, 1988. Carried by unanimous vote. Absent: Cooper. The meeting closed at 9:28 p.m. CITY CLERK IlaL The foregoing minutes were approved at the regular meeting of May 17, 1988. Corrections No Corrections MAYOR 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.