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HomeMy WebLinkAbout1988 05-24 CC MINBook 70/Page 9 5/24/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 24, 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, 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 Cooper, seconded by VanDeventer, the minutes of the regular meeting of May 17, 1988 be approved with the following correction: on Page 2, Paragraph 3, the Resolution No. be changed from 15,617 to 15,618. Carried by unanimous vote. PROCLAMATION Moved by VanDeventer, seconded by Cooper, the Proclamation be accepted by title only. Carried by unanimous vote. The Proclamation declaring the week of June 11-17, 1988 to be "CHIROPRACTIC WELLNESS WEEK" was read aloud in full by Mayor Waters. Moved by VanDeventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. Mayor Waters presented the Proclamation to Dr. Robert Campbell. POLITICAL SUPPORT Frank Chenelle (representing PORAC) was present and spoke of Proposition P, saying the PORAC Board asked him to advise Council that they are supporting Proposition P. Mayor Waters said the Chamber of Commerce and National School District support Proposition P and the Fire Dept. sent him a letter saying they will do their best to get it passed. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,619 through 15,625) Councilman Cooper requested that No. 4 (Resolution No. 15,622) be considered separately. Councilman VanDeventer requested that No. 6 (Resolution No. 15,624) be considered separately. Mayor Waters requested that No. 1 (Resolution No. 15,619) be considered separately. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except Nos. 15,619, 15,622 and 15,624) be adopted. Carried by unanimous vote. STREET IMPROVEMENTS — COVENANT RUNNING WITH THE LAND 2. Resolution No. 15,620, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING DEFERRAL OF INSTALLATION OF STREET IMPROVEMENTS." (1521 E. 22nd St., Hood) Adopted. See above. PARKING/TRAFFIC SIGNS 3. Resolution No. 15,621, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POSTING OF 'NO PARKING IN ALLEY' SIGNS ON ALLEY NO. 103 (TRAFFIC SAFETY COMMITTEE #88-13)." (north of 23rd St., between 'K' and 'L' Avenues) Adopted. See above. TAXES 5. Resolution No. 15,623, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AGREEING TO PROPERTY TAX EXCHANGE BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO COUNTY LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 3." Adopted. See above. ENVIRONMENT 7. Resolution No. 15,625, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE NATIONAL CITY ENVIRONMENTAL GUIDELINES." Adopted. See above. Book 70/Page 10 5/24/88 PERSONNEL/SALARIES 1. Resolution No. 15,619, "RESOLUTION ESTABLISHING RANGE FOR THE NEW CLASSIFICATION OF JUNIOR ACCOUNTANT." Moved by Waters, seconded by Cooper, Resolution No. 15,619 be adopted. Carried by unanimous vote. PARKING/TRAFFIC 4. Resolution No. 15,622, "A Resolution of the City Council of the City of National City authorizing the establishment of a 4—hour limited parking zone on 12th Street, east of National City Boulevard (Traffic Safety Committee #8-12)." Moved by VanDeventer, seconded by Cooper, this be referred back to the Traffic Safety Committee with a recommendation of 8— hour parking on 12th, from National City Blvd., possibly to the Library, the Traffic Safety Committee to determine the eastern boundary. Carried by unanimous vote. CONTRACT — CITY FACILITY/GOLF COURSE 6. Resolution No. 15,624, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH AMERICAN GOLF CORPORATION." Moved by VanDeventer, seconded by Pruitt, Resolution No. 15,624 be adopted. Carried by unanimous vote. ADOPTION OF RESOLUTIONS (NOT PART OF THE CONSENT RESOLUTIONS) STREET/EUCLID — CONFLICT OF INTEREST 8. Resolution No. 15,626, "A RESOLUTION Of NECESSITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (CONSTRUCTION OF EUCLID AVENUE FROM 16TH TO 20TH STREETS, PROPERTY OWNED BY BRYAN WHELCHEL AT 1723 ORANGE AVENUE)." Councilman Pruitt said he would abstain because his home abuts this area. Moved by VanDeventer, seconded by Cooper, Resolution No. 15,626 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Pruitt. CONTRACT — LEASE OF CITY -OWNED PROPERTY — SUBDIVISION 9. Resolution No. 15,627, "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 outlined the following changes in the Lease Agreement: The agenda package refers to Exhibit "A, a legal description of the property; the Exhibit was not attached because the final description was not received until this afternoon; approval should be contingent upon the City Engineer and the Parks and Recreation Director confirming the legal description, attached to the lease as Exhibit "A"; based on the legal description, there is an additional 1700 sq. ft. to be leased, and the yearly rent should be increased by $768, for a total yearly rent of $5,453; with regard to Paragraph 21, Page 5 (Assignment of Lease), he would suggest the following additional language: "The lessee shall provide the lessor with ten days prior written notice of such assignment or transfer, and shall provide the lessor with a copy of said assignment or transfer within ten days of such assignment or transfer taking effect."; with regard to Paragraph 39, Page 9 (Screening) „ he would add the following language at the end of the paragraph: "This shall be accomplished prior to any vehicles being parked on the leased premises, and in no event, later than seventy—five days of the date the lease is executed."; in the first paragraph of Page 10, he would add the phrase "Prior to commencement of this lease" before the last sentence. Moved by VanDeventer, this be laid over to June 14. Motion died for lack of second. Earl Brooks, Vice President, Randolph, Alexander & Smith Property Management Co., was present, answered Council's questions and said the provision allowing carports (Paragraph 13 ,Page 3) could be deleted per Council's wishes; he does not wish to build carports. Moved by Cooper, seconded by Pruitt, we go ahead with the lease with the provisions and changes that have been made, and we strike the language allowing any kind of structure in area "B". Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: VanDeventer. Book 70/Page 11 5/24/88 NEW BUSINESS FINANCE MGMT — CONFLICT OF INTEREST 10. SUBJECT: Warrant Register No. 46, Ratification of Demands in the amount of $544,958.92 (Warrants Nos. 100909 through 101011), and Certification of Payroll for the period ending May 2, 1988, in the amount of $348,701.94. RECOMMENDATION: Staff recommended that the warrants be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the bills be ratified and the payroll certified. Councilman VanDeventer said he would abstain on Warrant No. 100973 because he owns the property. Warrants (except No. 100973) and payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. Warrant No. 100973 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. CLAIMS 11. SUBJECT: Claim for Damages of Rick W. White. RECOMMENDATION: Staff recommended that the claim be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS CONDITIONAL USE PERMIT 12. SUBJECT: Notice of Decision — Planning Commission Resolution No. 8-88, approving a Conditional Use Permit application for the sale of beer and wine as an incidental use to a restaurant at 1747 Sweetwater Rd., Suit F, for Lawrence Greenberg, dba PoFolks Restaurant; Case File No. CUP-1988-10. RECOMMENDATION: The Planning Commission voted to approve the application; staff concurs with the Planning Commission and recommends that the Notice of Decision be filed. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. TEMPORARY USE PERMIT 13. SUBJECT: Request from the National City Lions Club for a Temporary Use Permit for the use of Kimball Park from June 30—July 4, 1988, 12:00 p.m.- 12:00 a.m. for their July 4th celebration and fund raiser; waiver of fees and permission to sell/serve alcoholic beverages is also requested. RECOMMENDATION: Staff recommended approval subject to the following conditions: organizational meeting will be scheduled in June; a Hold Harmless Agreement and public liability insurance, naming the City as co— insured shall be required; applicant shall secure a separate fire safety permit from the Fire Dept., with site plan prior to event; fire inspection required; a $2,500 bond shall be required; if alcoholic beverages are sold, liquor liability coverage is needed, and if food is sold, a produce liability endorsement is required as well as the general liability policy; ABC permit shall be required. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of this request. Carried by unanimous vote. TEMPORARY USE PERMIT 14. SUBJECT: Request from the California State Peace March '88 for a Temporary Use Permit, to go through the City to meet the people, hear their concerns, and encourage a peace vote (non —partisan) on June 11, 1988; use of Kimball Park for their rest stop and waiver of fees are also requested. RECOMMENDATION: Staff recommended approval subject to the following: no portable toilets available; "A" Ave. restrooms will be open. ACTION: Moved by VanDeventer, seconded by Pruitt, this be approved subject to the conditions of the Parks and Recreation Dept. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. Book 70/Page 12 5/24/88 OTHER STAFF — No report. MAYOR — No report. CITY COUNCIL EXECUTIVE SESSION 15. SUBJECT: Discussion of Policy for Closed Sessions. RECOMMENDATION: None. Councilman VanDeventer said he met with the City Attorney and they came up with a solution he can live with. ACTION: None. CITY COUNCIL MEETINGS Councilman VanDeventer spoke of items coming before Council at the last minute, saying these items should be held over to the next Council meeting; it is difficult to make a decision when we haven't had time to study the issues. Moved by VanDeventer, seconded by Pruitt, this matter be placed on the June 14 agenda. Carried by unanimous vote. PARKING/TRAFFIC 16. SUBJECT: Temporary enforcement suspension of "Truck Only Parking" at 2nd & Roosevelt (Long Cabinet Co., 139 Roosevelt Ave., is having an open house on June 3 and 4, 1988; they have inquired about having the "truck — only parking" on Roosevelt Ave. suspended for those two days.). RECOMMENDATION: None. ACTION: Moved by Dalla, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. LEASE OF CITY —OWNED LAND Councilman VanDeventer spoke of the City —owned property leased by Roy Fierro, saying Mr. Fierro has been notified that the Risk Manager wants him to increase the insurance from $300,000 to $500,000; the cost is prohibitive and requested this matter be brought back on June 14; this is an empty lot used for storage. City Manager McCabe said he would provide a staff report on June 14. Moved by VanDeventer, seconded by Pruitt, this be put on the June 14 agenda. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS PARKING TRAFFIC Pete Uriare, 2945 Baker Place, was present and spoke of the parking problems on his cul—de—sac; residents are parking diagonally to the curb because there are only five parking spaces; the Police have been issuing parking citations for the past week. Moved by VanDeventer, seconded by Cooper, we determine that the need to take action arose after the agenda was posted. Carried by unanimous vote. Moved by VanDeventer, seconded by Cooper, we instruct the Police Dept. to cease writing citations until we get reports back from the Fire Dept., the Police Dept. and the City Manager. Carried by unanimous vote. ADJOURNMENT Moved by Dalla, seconded by Pruitt the meeting be adjourned to 7:00 p.m., June 14, 1988 (In accordance with Section 2.04.020 of the Municipal Code, there will be no meeting on June 7, 1988). Carried by unanimous vote. The meeting closed at 8:03 p m. CITY CLERK The foregoing minutes were approved at the regular meeting of . 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.