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HomeMy WebLinkAbout1988 08-09 CC MINBook 70/Page 75 8/9/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 9, 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, Myers, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Chaplain Reyna, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Pruitt, the minutes of the adjourned workshop meeting held on August 2, 1988 and the regular meeting of August 2, 1988 be approved. Carried by unanimous vote. PUBLIC HEARINGS SUBDIVISIONS/MUJI CODE 88 1. SUBJECT: Public Hearing on proposed amendment to Title 17 (Subdivisions) of the Municipal Code, updating General Provisions, Definitions, Procedures and Requirements; Case File No. A-6-87. The City Clerk reported the Certificate of Publication was on file. RECOMMENDATION: The Planning Commission recommended approval of the amendment; staff concurs with the Planning Commission's recommendation. TESTIMONY: None. ACTION: Moved by Cooper, seconded by VanDeventer, the Public Hearing be closed and this amendment be approved. Carried by unanimous vote. PLANNED DEVELOPMENT PERMIT 2. SUBJECT: Public Hearing on appeal of the Planning Commission's denial of application for modification of Planned Development Permit No. 1-82 to extend the hours of operation of McDonald's Restaurant at 2140 Plaza Blvd.; Applicant: McDonald's Corporation; Case File No. PD-3-88. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission denied the application; staff concurs with the Planning Commission's decision, and recommends denial. TESTIMONY: Bill Robards (representing McDonald's), 3520 Santa Clara Ct., Escondido, was present and spoke in favor. M. A. Clough, Jr., 1431 Grove St., Gary Farris, 1417 Grove St. and Don ???, 1416 Stancrest Lane were present and spoke in opposition. ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed, and the Planning Commission's denial be upheld. Carried by unanimous vote. STREET/16TH ST/ALLEY BETWEEN 16TH & 17TH STREETS/CONFLICT OF INTEREST 3. SUBJECT: Public Hearing on proposed vacation of a portion of 16th St., and the alley between 16th and 17th Streets, both west of Wilson Ave.; Applicant: Lorneva Johnson; Case File No. SC-2-88. The City Clerk reported the Certificate of Publication and Affidavits of Mailing and Posting were on file. RECOMMENDATION: The Planning Commission recommended that the areas be vacated subject to conditions; staff concurs with the Planning Commission's recommendation. Planning Director Post said Condition 5 is lacking and has been modified. TESTIMONY: None. CONFLICT OF INTEREST: Councilman VanDeventer said he would abstain because he has done work for Mrs. Johnson. ACTION: Moved by Cooper, seconded by Dalla, the Public Hearing be closed, and the street be vacated as recommended by the Planning Commission, including the revised conditions. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. Book 70/Page 76 8/9/88 ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,693 through 15,696) Mayor Waters reported the City Engineer requested that No. 5 (15,694) be held over to August 16. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except Resolution No. 15,694) be adopted. Carried by unanimous vote. DEEDS AND EASEMENTS 4. Resolution No. 15,693, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO QUITCLAIM A DRAINAGE EASEMENT TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (A.P.N. 555-053-14)." Adopted. See above. CITY OWNED LAND 5. Resolution No. 15,694, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT AND/OR SUPPLEMENT TO A DISPOSAL ESCROW FOR SALE OF CITY OWNED PROPERTY LOCATED AT PLAZA AND EUCLID AVENUE TO STEVEN C. KERCH AND NC LTD. Withdrawn from agenda. See above. SUBDIVISIONS/MUNI CODE 88 6. Resolution No. 15,695, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, STATING THE INTENTION TO AMEND THE MERGER PROVISIONS AND REQUIREMENTS OF TITLE 17 (SUBDIVISIONS) OF THE MUNICIPAL CODE." Adopted. See above. CONTRACT/STREET/EUCLID 7. Resolution No. 15,696, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN HAZEL M. KRTEK AND THE CITY OF NATIONAL CITY FOR EXCHANGE OF REAL ESTATE AT EUCLID AVENUE AND 18TH STREET." Adopted. See above. ASSESSMENT DISTRICT 233 26. SUBJECT: The City Eng "V" Ave. and 7th St. RECOMMENDATION: Staff filed. ineer's report on Assessment District No. 233, recommended that the report be accepted and ACTION: Moved by Cooper, seconded by VanDeventer, the report be accepted and filed. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by VanDeventer, title only. Carried by (NOT PART OF THE CONSENT RESOLUTIONS) seconded by Cooper, the Resolutions be presented by unanimous vote. BUDGET TRANSFER 88-89/ASSESSMENT DISTRICT 233 8. Resolution No. 15,697, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF FUNDS FOR CONSTRUCTION OF STREET IMPROVEMENTS, "V" AVENUE AND 7TH STREET, ASSESSMENT DISTRICT NO. 233." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,697 be adopted. Carried by unanimous vote. ASSESSMENT DISTRICT 233 9. Resolution No. 15,698, "A RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT NO. 233, "V" AVENUE AND 7TH STREET." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,698 be adopted. Carried by unanimous vote. ASSESSMENT DISTRICT 233 10. Resolution No. 15,699, "A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS OF ASSESSMENT DISTRICT NO. 233, "V" AVENUE AND 7TH STREET." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,699 be adopted. Carried by unanimous vote. ASSESSMENT DISTRICT 233 11. Resolution No. 15,700, "A RESOLUTION OF PRELIMINARY DETERMINATION TO PROCEED WITH SPECIAL ASSESSMENT PROCEEDINGS, DESIGNATING THE DISTRICT AND SETTING BOUNDARIES OF SAID DISTRICT, "V" AVENUE AND 7TH STREET, ASSESSMENT DISTRICT 233." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,700 be adopted. Carried by unanimous vote. Book 70/Page 77 8/9/88 ASSESSMENT DISTRICT 233 12. Resolution No. 15,701, "A RESOLUTION OF INTENTION IN THE MATTER OF CONSTRUCTION OF IMPROVEMENTS IN DISTRICT 233, "V" AVENUE AND 7TH STREET." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,701 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION Moved by Cooper, seconded by VanDeventer, the Ordinances be presented by title only. Carried by unanimous vote. MUNICIPAL CODE/ABATEMENT/VEHICLES 13. "An Ordinance amending Section 8 of Ordinance No. 1433, and the first paragraph of Section 11.48.090 of the National City Municipal Code, relating to the notification procedure on public nuisance vehicles." ORDINANCES FOR ADOPTION Moved by VanDeventer, seconded by Cooper, the Ordinances be presented by title only. Carried by unanimous vote. MUNICIPAL CODE/SOLID WASTE MANAGEMENT 14. Ordinance No. 1955, "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NOS. 1812 AND 1930, AND SUBSECTION A OF SECTION 7.10.080 OF THE NATIONAL CITY MUNICIPAL CODE." Moved by VanDeventer, seconded by Cooper, Ordinance No. 1955 be adopted. Carried by unanimous vote. MUNICIPAL ODDE/ZONING/SIGNS 15. Ordinance No. 1956, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING MURAL SIGNS." Moved by VanDeventer, seconded by Pruitt, Ordinance No. 1956 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: Cooper. OLD BUSINESS PERSONNEL/LABOR RELATIONS 16. SUBJECT: Determination on contract negotiations between the City and the National City Police Officers' Association. RECOMMENDATION: None. TESTIMONY: Personnel Director Schulman displayed transparencies, outlined the City's position and answered Council's questions. Everett Bobbitt (attorney representing N.C.P.O.A.) displayed charts outlining the P.O.A.'s position and answered Council's questions. ACTION: Moved by Pruitt, seconded by Cooper, we adopt the City's last offer for one year. Carried by unanimous vote. Mayor Waters called a recess at 9:25 p.m. Council reconvened at 9:38 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. POLICE Councilman VanDeventer said he would like to see an independent study done regarding police salaries, benefits, equipment provided, vehicles provided, etc. Moved by VanDeventer, seconded by Cooper, this be put on next week's agenda. Carried by unanimous vote. CONDITIONAL USE PERMIT 24. SUBJECT: Notice of Decision — Planning Commission Resolution No. 11-88, approving a Conditional Use Permit application for a church at 303 Highland Ave.; Applicant: Pastor Tony Guzman; Case File No. CUP-1988-11. RECOMMENDATION: The Planning Commission approved the Conditional Use Permit subject to 28 conditions; staff recommended that Council set this matter for public hearing. TESTIMONY: Pastor Tony Guzman, 3175 National Avenue, San Diego, and Howard Heath, 611 Highland Ave. were present and spoke. Book 70/Page 78 8 /9 /88 ACTION: Moved by VanDeventer, seconded by Pruitt, this be set for public hearing (September 13), all property owners within 600' be notified, and staff look into Pastor Guzman's facilities in other areas of the County, and bring back a report to Council (amended motion). Carried by unanimous vote. NEW BUSINESS FINANCIAL MANAGEMENT 17. SUBJECT: Warrant Register No. 5, Ratification of Demands in the amount of $177,533.50 (Warrants Nos. 101753 through 101826). RECOMMENDATION: Staff recommended that the warrants be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the bills be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. CLAIMS 18. SUBJECT: Claim for Damages of Vivian Majeed. RECOMMENDATION: Staff recommended that this claim be denied and referred to the City Attorney. ACTION: Moved by VanDeventer, seconded by Cooper, this claim be denied and referred to the City Attorney. Carried by unanimous vote. ALCOHOLIC BEVERAGE LICENSE 19. SUBJECT: Application for Type 9, beer and wine importer license, of Richard S. Hodson, 205 W. 35th St. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by VanDeventer, seconded by Pruitt, this be approved. Carried by unanimous vote. ALCOHOLIC BEVERAGE LICENSE 20. SUBJECT: Application for Type 20, Person Transfer, off —sale beer and wine license of George Y. Daniel, 307 North Highland Ave. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. ALCOHOLIC BEVERAGE LICENSE 21. SUBJECT: Application for Type 20, off —sale beer and wine license of Victor Jacob Khouri, 2400 E. 8th St., Suite A. RECOMMENDATION: Police and Building Departments state no grounds for objection; the Planning Dept. recommended that Council protest this license until such time as the applicant obtains a Conditional Use Permit. ACTION: Moved by Dalla, seconded by Cooper, this license be protested until such time as the applicant obtains a CUP. Carried by unanimous vote. OTHER BUSINESS PLANNED DEVELOPMENT PERMIT/DRIVEWAYS 22. SUBJECT: Notice of Decision — Planning Commission Resolution No. 12-88, approving modification of Planned Development Permit No. 8-87 for construction of a driveway at 1800 National City Blvd.; Applicant: Dave Palagyi; Case File No. PD-2-88. RECOMMENDATION: The Planning Commission approved the application; staff concurs with the decision of the Planning Commission and recommended that the Notice of Decision be filed. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of the Planning Commission's recommendation. Carried by unanimous vote. CONDITIONAL USE PERMIT 23. SUBJECT: Notice of Decision — Planning Commission Resolution No. 13-88, approving a Conditional Use Permit application for a driving school with classrooms at 19 and 21 Osborn St.; Applicant: Ronald Roy Haven; Case File No. CUP-1988-14. Book 70/Page 79 8 /9 /88 RECOMMENDATION: The Planning Commission approved the Conditional Use Permit subject to 19 conditions; staff concurs with the Planning Commission's approval. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of the Planning Commission's recommendation. Carried by unanimous vote. CONDITIONAL USE PERMIT 24. SUBJECT: Notice of Decision — Planning Commission Resolution No. 11-88, approving a Conditional Use Permit Application for a church at 303 Highland Ave.; Applicant: Pastor Tony Guzman; Case File No. CUP-1988-11. See above. CUP FEES/CITY COUNCIL POLICY 25. SUBJECT: The Planning Director's report on fees for non—profit organizations and discussion of Council policy on thrift stores. RECOMMENDATION: Staff recommended that a reduced fee of $100 be charged for discretionary permits for non—profit organizations and that Council discourage the proliferation of additional thrift stores. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of staff's recommendation. Carried by unanimous vote. ASSESSMENT DISTRICT 233 26. SUBJECT: The City Engineer's report on District No. 233, 'V' Ave. and 7th St. See above. TEMPORARY USE PERMIT 27. SUBJECT: Request from Friends of the National City Public Library for a Temporary Use Permit for a chili cook —off on September 10, 1988, from 7:00 a.m. to 12:00 a.m. (activity time is from 10:00 a.m. to 7:00 p.m.) in Kimball Bowl; waiver of fees and permission to serve/sell alcoholic beverages is also requested. RECOMMENDATION: Staff recommended approval subject to the following conditions: Parks & Recreation will provide fencing, trash containers, P.A. system, stage and standby personnel; Project READ to provide portable toilets and help with cleanup; a separate permit from the Fire Dept. is required; applicant shall submit site plan when obtaining permit, along with flame retardant certificates for any canopies or tents; fire extinguishers for each food booth required; only gasoline inside vehicles of car show allowed; Public Works recommended that City — owned booths not be approved due to cost and disruption to Public Works facility maintenance effort; in lieu, they recommend use of Coca Cola provided booths at no cost as used at Maytime; Public Works Dept. recommended that fifteen tables be added for chili cook —off contestants, to be set up by the Park Dept.; ABC permit and specific Council approval required for alcohol consumption in the park; a business license is required for sales of any food, beverages or merchandise; public liability insurance shall be provided, naming the City as an additional insured; applicant shall provide a Hold Harmless Agreement. TESTIMONY: Annie Camacho, 1937 'A Ave., was present and requested the use of City —owned booths. Shula Monroe, City Librarian, was present and spoke. ACTION: Moved by VanDeventer, seconded by Cooper, this be approved, including the City —owned booths, and the sale of alcoholic beverages, subject to conditions of staff. Carried by unanimous vote. Mayor Waters recognized School Board Member Vince Reynolds, who was present in the audience. TEMPORARY USE PERMIT 28. SUBJECT: Request from the Old Globe Theatre for a Temporary Use Permit for a play presentation, to be held at Kimball Bowl on Sunday, August 28, 1988, from 11:30 a.m. to 3:00 p.m.; they are also requesting a waiver of fees. Book 70/Page 80 8 /9 /88 RECOMMENDATION: Staff recommended approval, subject to the following conditions: Park & Recreation Dept. will open restrooms and provide standby staff as necessary; a Business License is required for sales of any food, beverages or merchandise; applicant shall provide evidence of insurance and execute a Hold Harmless Agreement. ACTION: Moved by Dalla, seconded by Cooper in favor of this request. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF ELECTION 11/8/88 The City Clerk read into the record her letter to Mayor Waters regarding campaign practices (See Exhibit 'A' attached). MAYOR TRAFFIC SAFETY COMMITTEE Mayor Waters reported that Jonathon Alva has resigned from the Traffic Safety Committee; he will look for a replacement. CITY COUNCIL SIDEWALK/CURB/GUTTER 29. SUBJECT: Request of Harold C. Arnold, Jr. and Ednah M. Arnold for Council approval of 14 lineal feet of curb, gutter and sidewalk, which replaced a former driveway on the westerly side of '0' Ave. near 14th St. (Mr. Arnold did subject work at a cost of $625, and was unaware of the 50/50 curb, gutter and sidewalk program). RECOMMENDATION: Executive Director, Community Development Commission recommended that Council assist Mr. & Mrs. Arnold under the program to the extent of $312.50. TESTIMONY: Harold Arnold, 1350 '0' Ave., was present and spoke. ACTION: Moved by Cooper, we reimburse Mr. Arnold in the amount of $312.50. Motion died for lack of second. No action taken. MAYOR/COUNCIL Councilman VanDeventer said we need to take a look at routine permits that come through, such as Conditional Use Permits and Liquor Licenses, and see if we can streamline them; he would like the Planning Director to bring back a report on manpower and time necessary to process various permits; possibly we could have two categories. PUBLIC ORAL COMMUNICATIONS PUBLIC REQUEST/COMPLAINT James Marler, 2111 Melrose, was present and spoke in regard to police response time, saying there was a murder last Friday night; four patrol units were stationed at the scene, leaving only two units to cover the rest of the City; we need more police officers. Mr. Marler continued, he tried for 35 minutes to call the Police Dept. on Saturday, but no one answered; he was later advised that the rotation machine and the tape recorder have been out of order for over a month. Mr. Marler inquired about the vector control program, saying his wife found two dead rats in their back yard. EXECUTIVE SESSION/PERSONNEL/LITIGATION Closed Session with City's designated representatives under Government Code Section 54957.6 and Closed Session for pending litigation under Government Code Section 54956.9(A) (Debra Valdez vs City of National City). City Attorney Eiser said the closed session with the City's designated representatives is no longer necessary. Moved by Cooper, seconded by VanDeventer, in favor of the closed session for pending litigation. Carried by unanimous vote. Council went into closed session at 10:30 p.m. Council reconvened at 10:47 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Book 70/Page 81 8/9/88 ADJOURNMENT Moved by Pruitt, seconded by VanDeventer, the meeting be adjourned to 4:00 p.m., August 11, 1988. Carried by unanimous vote. The meeting closed at 10:48 p.m. The foregoing minutes were approved at the regular meeting of August 16, 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 CLERICS OFFICE OR THE NATIONAL CITY PUBLIC LIBRARY. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK. Exhibit 'A' Book 70/Page 82 CITY OF NATIONAL CITY, CALIFORNIA 1243 NATIONAL CITY BOULEVARD • NATIONAL CITY, CALIFORNIA 92050 • MEW OWnSWIJUS IONE CAMPBELL, CMC cnv CLERK The Honorable George H. Waters Mayor of the City of National City 1243 National City Boulevard National City, CA 92050 Dear Sir: 9 August 1988 As you know, I have announced my intention of seeking reelection to the Office of City Clerk. In my 24 years of public service as the elected Clerk, it has been my policy to speak openly and publicly on all issues, both during a campaign and as a public servant. I do not use, nor have I ever employed, whispering campaigns and dirty tricks tactics to smear an opponent. None of us lives in a vacuum. I see people; they speak to me. I receive phone calls and unsolicited information. The nomination period has not yet ended, the campaign has not really begun. Yet I have had a number of calls --calls expressing genuine concern about my health. Some of those calling have been under the impression that poor health is keeping me from running. Others --dear friends --don't want me to risk my health by running. The rumors that I am in poor health and am not running because of poor health are just that, rumors, malicious rumors, without foundation or basis. But in my discussions with friends and constituents, I find these rumors have one thing in common; they seem to have a common origin. My friends tell who they heard the rumors from, and the sad fact Is that the misinformation is being spread by you, Mayor Waters, and those closest to you. This is a formal request that you, and those over whom you have influence, cease telling such utter falsehoods about me. If the rumors stop, 1 will say no more on the subject. .But should the whispering campaign and fallacious statements continue, 1 promise that you will have a chance to 'prove" your contentions. /imc CC: Members of the City Council Evening Tribune San Diego Union Star —News Sincerely, ne Minogue C bell ity Clerk MEMBER