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HomeMy WebLinkAbout1988 09-13 CC MINBook 70/Page 107 9/13/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 13, 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 Vice Mayor Dalla. APPROVAL OF MINUTES Moved by Pruitt, seconded by VanDeventer, the minutes of the adjourned meeting of August 23, 1988 held on August 25, 1988 be approved. Carried by unanimous vote. Moved by Pruitt, seconded by Cooper, the minutes of the regular meeting of September 6, 1988 be approved with the following correction: On Page 103, Item 10, Resolution No. 15,728, the vote should be changed from "Adopted. See above." to "Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, Waters. Nays: None. Absent: VanDeventer. Abstaining: Pruitt.". Carried by unanimous vote. PUBLIC HEARINGS ZONING 1. SUBJECT: Public Hearing on appeal of the Planning Commission's denial of site plan in conjunction with a Building Permit Application to a residence at 127 Highland Ave.; Appellant: Juanito Verzoja. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission denied the appeal of the Planning Department's denial of site plan for the proposed addition; staff recommended that this item be continued for 60 days. Planning Director Post said the applicant has agreed to a 60—day continuance. TESTIMONY: None. ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be continued for 60 days. Carried by unanimous vote. SUBDIVISION/ZONING 2. SUBJECT: Public Hearing on appeal of the Planning Commission's denial of Tentative Parcel Map (LS-1-88) for the division of one existing parcel into two parcels and Zone Variance (Z-1-88) for access from Van Ness Ave. via an easement across one lot to another at 2229 Van Ness Ave. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission voted to deny the applications; staff concurs with the Planning Commission's denial. TESTIMONY: Matias Garcia, 2231 Van Ness Ave., was present, displayed a map of the area, showed photographs of other lot splits on this street, and spoke in favor of the project, saying he would be willing to sign a Covenant Running With The Land, agreeing not to protest a future 1911 Act. ACTION: Moved by Cooper, seconded by VanDeventer, the Public Hearing be closed, and we allow this man to split his lot. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters. Nays: Dalla, Pruitt. CONDITIONAL USE PERMIT 3. SUBJECT: Public Hearing on appeal of the Planning Commission's approval of Conditional Use Permit (CUP 1988-11) to allow a church at 303 Highland Ave.; Applicant: Pastor Tony Guzman. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission voted to approve the CUP subject to 28 conditions; staff recommended that Council deny the application. Book 70/Page 108 9/13/88 TESTIMONY: The following were present and spoke in favor: Pastor Tony Guzman, 308 E. Oxford, Chula Vista; Ronald Fienstra (church architect), 3650 Clairemont Dr., San Diego; the Rev. Jose Blanco, Spring Valley; Lucy Juarez, 6051 Potomac St., San Diego; Tammy Baca, 2232 'D' Ave.; Mary Lou Hess, 2634 E. 8th St.; David Garcia, 1726 Harding; Tracy Clark, 722 E. 'J' St., Chula Vista; Patricia Duenas, 824 Arcadia Place; Jamie Smith, 2837 'B', San Diego. The following were present and spoke in opposition: Charlotte Webster, 305 'F' Ave.; Donna Doud, 608 E. 2nd; George Webster, National City Chamber of Commerce, read a letter from the Chamber of Commerce President opposing this CUP; Mr. Webster said he too was opposed to this CUP. DISCUSSION: Council expressed concern that the buil current earthquake standards, and the fact that the submitted any plans. ACTION: Moved by VanDeventer, seconded by Hearing be closed and the CUP be denied findings. Carried, by the following vote, to—wi Dalla, Pruitt, VanDeventer. Nays: Waters. Mayor Waters called a recess at 9:14 p.m. Council reconvened at 9:26 p.m. ding may not meet applicant had not Dalla, the Public based on staff's t: Ayes: Cooper, ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,729 through 15,733) Councilman Cooper requested that No. 7 (Resolution No. 15,732) be considered separately. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except No. 15,732) be adopted. Carried by unanimous vote. CONTRACT/TRAFFIC SIGNALS 4. Resolution No. 15,729, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING THE FILING OF NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL MODIFICATION AT CIVIC CENTER DRIVE AND HARBOR DRIVE (ENGINEERING SPECIFICATION ND. 1012)." Adopted. See above. CONTRACT/SIDEWALK/CURB/GUTTER/FLOOD CONTROL 5. Resolution No. 15,730, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN EL DORADO ENGINEERS, INC. AND THE CITY OF NATIONAL CITY FOR ENGINEERING SERVICES (C.I.P. PROJECT NO. 6071)." (sidewalk, curb, gutter and storm drain on 8th St., near Harbor Dr.) Adopted. See above. CONTRACT/PARKING/TRAFFIC 6. Resolution No. 15,731, "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 AUSTIN—FAUST ASSOCIATES FOR FURNISHING A CITY— WIDE TRAFFIC STUDY." Adopted. See above. CONTRACT ADMINISTRATION 8. Resolution No. 15,733, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE AGREEMENTS BETWEEN ARCHITECTS/ENGINEERS (A/E) AND THE CITY OF NATIONAL CITY FOR DESIGN PROJECTS OF $5,000 OR LESS." Adopted. See above. ASSESSMENT DISTRICT 233 7. Resolution No. 15,732, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF REAL PROPERTY AT 2138-2140 EAST 5TH STREET (KENNETH P. AND MABLE L. ATTAWAY)." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,732 be adopted. Carried by unanimous vote. Book 70/Page 109 9/13/88 ADOPTION OF RESOLUTIONS (NOT PART OF THE CONSENT RESOLUTIONS) BUDGET FY88-89/POLICE 9. Resolution No. 15,734, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROPRIATING $55,700 OF GENERAL FUND RESERVES TO THE CITY OF NATIONAL CITY POLICE DEPARTMENT FY88-89 BUDGET." (to purchase Police safety equipment) Moved by Cooper, seconded by Pruitt, Resolution No. 15,734 be adopted. Discussion re possibly reimbursing those officers who have already purchased their own equipment, and new officers purchasing their equipment at the "Country Store" and submitting the invoice to the City. Everett Bobbitt (attorney for P.O.A.), 1850 5th Ave., San Diego, was present and answered Council's questions. Moved by Cooper, seconded by VanDeventer, the motion be amended to include, items 2 through 12 (helmets, faceshields, batons, flashlights, flashlight cones, portable radio clips, handcuffs, whistles, mace, raingear, CPR masks) be purchased by the Police Chief and distributed as he sees fit, Items 1, 13 and 14 (all leather accessories, weapons, holsters) be left on an open purchase order. City Manager McCabe said the prices listed are based on bulk purchase. Amendment carried by the following vote, to — wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. Main motion carried by unanimous vote. BUDGET FY88-89/POLICE 10. Resolution No. 15,735, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROPRIATING $10,784.60 OF FORFEITED FUNDS SEIZED PURSUANT TO TITLE 21, U.S. CODE, SECTION 881, TO THE CITY OF NATIONAL CITY POLICE DEPARTMENT FY88-89 BUDGET." (for purchase of police safety equipment) Moved by VanDeventer, seconded by Cooper, Resolution No. 15,735 be adopted. Carried by unanimous vote. CONTRACT /TRANSPORTAT ION /NCT 11. Resolution No. 15,736, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT OF SALE WITH PYREDUCT FOR THE PURCHASE OF PROPERTY AT 2020 HOOVER AVENUE." (for a maintenance and operations facility for National City Transit) Moved by Cooper, seconded by VanDeventer, Resolution No. 15,736 be adopted. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. MUNICIPAL CODE/SUBDIVISION 12. "An Ordinance of the City of National City amending Title 17 (Subdivisions) of the National City Municipal Code." ORDINANCE FOR ADOPTION Moved by VanDeventer, seconded by Pruitt, the Ordinance be presented by title only. Carried by unanimous vote. MUNICIPAL CODE/PARKING/TRAFFIC 13. Ordinance No. 1960, "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1931 AND SECTION 11.16.010 OF THE NATIONAL CITY MUNICIPAL CODE." (changing speed limits on 8th St., Highland Ave. to Plaza Blvd. and Plaza Blvd., 1-805 to 8th St. from 40 mph to 35 mph) Moved by Cooper, seconded by Pruitt, Ordinance No. 1960 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCIAL MANAGEMENT 14. SUBJECT: Warrant Register No. 10, Ratification of Demands in the amount of $169,251.16 (Warrants Nos. 102208 through 102297), and Certification of Payroll for the period ending August 22, 1988, in the amount of $382,139.91. 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, VanDeventer, Waters. Nays: None. Book 70/Page 110 9/13/88 Councilman VanDeventer requested that Items 16 and 17 be considered at this time. OTHER BUSINESS ZONING/PORT DISTRICT 16. SUBJECT: The Planning Director's report on proposed cement distribution terminal on Port District property. RECOMMENDATION: Staff recommended that Council recommend to the Port District that the facility be approved subject to conditions. Planning Director said he and Councilmen VanDeventer and Pruitt visited a comparable facility in the San Pedro area, and were impressed with the facility; the sub —committee recommended approval with seven conditions. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of the committee's recommendation. Carried by unanimous vote. TEMPORARY USE PERMIT 17. SUBJECT: Request from the Boys' and Girls' Club of National City for a Temporary Use Permit and waiver of fees for a carnival to raise funds, September 12-19, 1988, to be held at the corner of 8th St. and National City Blvd.; hours of operation: September 16-16 — 5:00 p.m.-12:00 a.m.; September 17-18 — 12:00 p.m.-12:00 a.m. RECOMMENDATION: Staff recommended approval subject to the following conditions: $2,500 bond shall be placed; $1 million liability insurance policy, with the City and CDC named as additional insured and Hold Harmless Agreement shall be provided; all tents, canopies shall be flame retardant; all food booths and trailers shall have 2A:10BC fire extinguishers; fire inspection required prior to opening; Public Works shall be advised of any traffic control assistance desired or required. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor. City Engineer Myers said the requested closure of 7th St., between Roosevelt and National City Blvd. was not included on the application, and the applicant would like that added to the request. Moved by VanDeventer, seconded by Cooper, the motion be amended to include the closure of 7th St., from Roosevelt to National City Blvd. Motion and amendment carried by unanimous vote. WRITTEN CO# UN I CAT I ONS LABOR RELATIONS/POLICE 15. SUBJECT: Request from Everett Bobbitt to address Council regarding the issue of safety. RECOMMENDATION: None. TESTIMONY: Everett Bobbitt (attorney for P.O.A.) was present and spoke regarding negotiations with the P.O.A., saying the P.O.A. met with the City's representatives for several hours, and there was a great deal of discussion re safety equipment; City representatives failed to give counter proposals to the P.O.A.'s proposals; City representatives seemed disinterested in the P.O.A.'s money —saving proposals; he assumes the impasse still exists; on September 29, 1987, the Governor signed a bill requiring the City to provide CPR masks by January 1, 1988, but City representatives said they were waiting to see when the City would be reimbursed by the State. Personnel Director Schulman said the CPR masks were included in the Police Chief's proposal; there was no question of waiting for reimbursement. Mr. Bobbitt said he was never advised that it was part of the Chief's proposal; Council needs to give direction to staff to deal with the P.O.A. fairly, honestly, and get the problems resolved. City Attorney Eiser said the City's representatives did bargain in good faith; they responded verbally to the P.O.A.'s written proposals. Councilman VanDeventer said he would like to see the issue of reimbursement for weapons resolved. Mayor Waters said he would like to see the issue of reimbursement for safety equipment resolved. ACTION: None. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. Book 70/Page 111 9/13/88 MAYOR MAYOR COUNCIL Mayor Waters reported that the Deputy Chief of Staff, Vice Admiral invited him ride on a helicopter on October 8. MAYOR/COUNCIL Mayor Waters read a letter received by the Planning Dept. thanking Code Conformance Officer Lynn Walker, who took care of a serious violation problem. MAYOR/COUNCIL Mayor Waters said he appointed two members of the City Council to look into possible awards for retiring City employees. Councilman Cooper said they would have a report next week. PUBLIC REQUEST/COMPLAINT Mayor Waters said he received a complaint from Mr. Corgi about noise from traffic on the freeway ramp at Plaza and Freeway 805; people have boarded up their windows facing the freeway, traffic is getting worse; his pool has to be cleaned more often; he would like the City's help getting CalTrans to build a sound wall. CITY COUNCIL MAYOR/COUNCIL Councilman VanDeventer inquired if the City Manager could get a timer for the podium to help enforce the five—minute speaking limit. City Manager McCabe said he would look into it. PUBLIC ORAL COMMUNICATIONS SIDEWALK/CURB/GUTTER Harold Arnold, 1350 '0' Ave., was present and said due to a misunderstanding and a lack of concern on the part of the City Council (except Councilman Cooper), he believes an injustice has been done to him; the Mayor has berated homeowners for not taking advantage of the 50/50 plan when the City wanted an alley redone; he applied for the 50/50 plan for a 14' section of sidewalk and was denied; he thinks that Council tied this in with his garage he wanted to remove, but this is far from the truth; if Council had taken the time to check with Mr. Cooper or Mr. Peterson, they would realize that section of the sidewalk had nothing to do with his garage; he hopes Council will take more time to research things in the future; he did not apply for the 50/50 program when he put in the sidewalk because he didn't know about the program at that time. TEMPORARY USE PERMIT Kevin Brookner (representing Radio Latina, Fiesta Mexicana and San Diego Fireworks), 15720 Sycamore Canyon Rd., Poway, was present and said their fireworks permit for their festival in Kimball Park on Saturday, September 17 became an issue after the agenda deadline, and requested Council consideration at this time. City Manager McCabe said apparently this was an oversight. Moved by VanDeventer, seconded by Cooper, we determine that the need to take action arose subsequent to the posting of the agenda. Carried by unanimous vote. Fire Chief Kimble said he has reviewed the permit and insurance forms and finds everything to be in order. Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. EXECUTIVE SESSION/LITIGATION Closed Session for pending litigation under Government Code Section 54956.9(A) (Terry Hart vs the City of National City). Moved by VanDeventer, seconded by Dalla, in favor of the closed session. Carried by unanimous vote. Council went into closed session at 11:17 p.m. Council reconvened at 11:28 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Book 70/Page 112 9/13/88 ADJOURNMENT Moved by Waters, seconded by Pruitt, the meeting be adjourned to 4:00 p.m. September 20, 1988. Carried by unanimous vote. The meeting closed at 11:30 p.m. Lie CITY CLERK The foregoing minutes were approved at the regular meeting of September 20, 1988. Corrections No Corrections YOR CITY OF NATIONAL CITY, CA ALL CITY OOUNCIL 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