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HomeMy WebLinkAbout1988 09-20 CC MINBook 70/Page 113 9/20/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 20, 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, 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. APPROVAL OF MINUTES Moved by Cooper, seconded by VanDeventer, the minutes of the regular meeting of September 13, 1988 be approved. Carried by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. MAYOR'S APPOINTMENTS BD/GOW Vice Mayor Dalla presided. TRAFFIC SAFETY COMMITTEE RECOMMENDATION: Mayor Waters recommended that Larry Cossio be appointed to fill an unexpired term on the Traffic Safety Committee. ACTION: Moved by VanDeventer, seconded by Cooper, Larry Cossio be appointed to the Traffic Safety Committee. Carried by unanimous vote. PLANNING COMMISSION RECOMMENDATION: Mayor Waters recommended that George Hood and Rosalie Zarate be reappointed to the Planning Commission. ACTION: Moved by Cooper, seconded by VanDeventer, George Hood and Rosalie Zarate be reappointed to the Planning Commission. Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE RECOMMENDATION: Mayor Waters recommended that James Ledbetter and Gene Earnster be reappointed to the Street Tree and Parkway Committee. ACTION: Moved by VanDeventer, seconded by Cooper, James Ledbetter and Gene Earnster be reappointed to the Street Tree and Parkway Committee. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,737 through 15,741) Alan (representing the National City American Little League), 319 E. 24th St., requested that No. 1 (Resolution No. 15,737 be considered separately. Pastor Tony Guzman requested that No. 2 (Resolution No. 15,738 be considered separately. Vice Mayor Dalla requested that No. 5 (Resolution No. 15,741) be considered separately. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except Nos. 15,737, 15,738 and 15,741) be adopted. Carried by unanimous vote. SUBDIVISION/DEEDS & EASEMENTS 3. Resolution No. 15,739, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM JOE W. WILLIS AND SHIRLEY STACK AND DIRECTING RECORDATION OF A GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES (N.E. CORNER OF 14TH STREET AND ORANGE STREET; A.P.N. 558-092027)." Adopted. See above. ASSESSMENT DISTRICT 237 4. Resolution No. 15,740, "A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF NATIONAL CITY ABANDONING ALLEY NO. 10 AS PART OF ASSESSMENT DISTRICT NO. 237." Adopted. See above. Book 70/Page 114 9/20/88 BUDGET FY88-89 1. Resolution No. 15,737, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF FUNDS FOR ATHLETIC FIELD FENCING." Alan requested that Council also appropriate the funds to increase the distance from homeplate to the outfield fence. Parks & Recreation Director Ruiz said in order to increase the dimensions of the playing field, four trees would have to be moved, the irrigation system would have to be redone and there is a 6" main under the bleachers, which would be under the playing field; he recommended that the fence be increased from 5' to 10', but the dimensions of the playing field remain the same. Moved by VanDeventer, seconded by Cooper, in favor of staff's recommendation, and Resolution No. 15,737 be adopted. Carried by unanimous vote. CONDITIONAL USE PERMIT 2. Resolution No. 15,738, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR A CHURCH AT 303 HIGHLAND AVENUE; APPLICANT: PASTOR TONY GUZMAN; CASE FILE NO. CUP-1988-11)." Pastor Tony Guzman requested that Council continue this Resolution to allow them time to address Council's concerns and reasons for denial. Former Mayor Kile Morgan was present and spoke in opposition to this project. Mr. Ourman (representing Dr. Smith, National School District), Spring Valley was present and said when Safeway first vacated the building, the School District considered leasing it for a District Office; they had an architect look at the building, and were told it would take an incredible amount of work to bring it up to the State earthquake standards, so they abandoned the idea. Moved by Cooper, seconded by VanDeventer, Resolution No. 15,738 be adopted. Carried by unanimous vote. SUBDIVISION/VARIANCE 5. Resolution No. 15,741, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF ONE EXISTING PARCEL INTO 1WO PARCELS AND ZONE VARIANCE FOR ACCESS FROM VAN NESS AVENUE VIA AN EASEMENT ACROSS ONE LOT TO ANOTHER AT 2229 VAN NESS AVENUE; APPLICANT: ALGERT ENGINEERING, INC.; CASE FILE NOS. LS-1-88/Z-1-88." Moved by VanDeventer, seconded by Pruitt, Resolution No. 15,741 be adopted. Carried, by the following vote, to — wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. ORDINANCE FOR ADOPTION Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. MUNICIPAL CODE/SUBDIVISION 6. Ordinance No. 1961, "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING TITLE 17 (SUBDIVISIONS) OF THE NATIONAL CITY MUNICIPAL CODE." Moved by VanDeventer, seconded by Pruitt, Ordinance No. 1961 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCIAL MANAGEMENT 7. SUBJECT: Warrant Register No. 11, Ratification of Demands in the amount of $96,347.69 (Warrants Nos. 102298 through 102362). 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. ALCOHOLIC BEVERAGE LICENSE 8. SUBJECT: Application for Person Transfer, Type 21, off —sale general license, of Advantage Stores, Inc., 3007 Highland Ave. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Cooper, seconded by Dalla, in favor of this transfer. Carried by unanimous vote. Book 70/Page 115 9/20/88 WR I TTEN COMVIUN I CAT I ONS 9. SUBJECT: Letter from Attorney Alfred Hlawatsch regarding request to retain small balcony at 7th & 'K'; Applicant: Inez Burns. RECOMMENDATION: None. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of leaving the balcony there. Carried by unanimous vote. OTHER BUSINESS MUNICIPAL CODE 10. SUBJECT: Letter from the County Administrative Office relating to their smoking ordinance and indicating that the City should adopt a similar ordinance to achieve uniformity. RECOMMENDATION: Staff recommended that Council inform the County that our present smoking ordinance contains basically the same requirements, is working, and is applicable to our City, and should be retained as adopted. ACTION: Moved by Waters, seconded by Cooper, this item be filed, and we inform the County that we will retain our own ordinance. Carried by unanimous vote. TEMPORARY USE PERMIT 11. SUBJECT: Request from Project Return for a Temporary Use Permit and waiver of fees for a "Haunted House" on October 28-31, 1988, 8:00 p.m. — 11:00 p.m., 2233 E. 8th St.; proceeds will be donated to the mentally and physically ill/handicapped. RECOMMENDATION: Staff recommended approval subject to the following conditions: Applicant shall obtain a separate fire safety permit from the Fire Dept.; site plan shall be provided and inspection made prior to opening; a Business License is required if monies are solicited, admittance charged or food, beverages or merchandise sold; if any of the vendors or organizations are registered not —for —profit, there will be no charge for the Business License. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of staff's recommendation subject to conditions of staff. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY City Attorney Eiser requested a closed session to discuss the matter of Terry Hart vs the City of National City on completion of the agenda. OTHER STAFF — No reports. MAYOR TEMPORARY USE PERMIT 12. SUBJECT: Letter from Ronald Maze requesting a waiver of fees required to use Kimball Community Bldg. (The newly formed Optimist Club of National City wishes to hold its installation banquet in the Community Bldg. and are requesting a waiver of fees.) RECOMMENDATION: None. TESTIMONY: Ronald Maze, 3401 Eleanor Place, was present and answered Council's questions. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of this request, this time only. Carried by unanimous vote. MAYOR/COUNCIL Mayor Waters reminded everyone that groundbreaking at 8th & National City Blvd. will be October 7 at 12:00 p.m.; 1,800 invitations have been sent out, there will be a catered meal from the Barbecue Pit, and Flanagan's Band will be there. MAYOR/COUNCIL Mayor Waters reported he met with the America's Cup Committee; that is looking pretty good; we have the only good 21 acres in the County; he has a feeling that might become a reality; he will be meeting with the South Bay Mayors on Monday and they will use all the pressure they can to get America's Cup into this area. Book 70/Page 116 9/20/88 MAYOR/COUNCIL Mayor Waters read a letter from Librarian Shula Monroe thanking him and Council members for their support on Project Read Day. CITY COUNCIL POLITICAL SUPPORT Councilman Pruitt spoke of literature received, requesting Council's support on Proposition 79, the initiative to increase bonding for our schools; he would like staff to take a look at this information and possibly draft a Resolution in support of Proposition 79. City Manager McCabe said he would look into this and bring it back to Council. ZONING Councilman Cooper said Council has been criticized by some of the candidates for office for our community's appearance; he attended the Planning Commission meeting last night, and three people said they would like to fix their homes up, but can't because they live in a commercial zone; people should be able to add on to or fix up their homes, regardless of where they live, but our Ordinance is restricting this; he would like staff to take a look at this and put it on the agenda for discussion. PUBLIC ORAL COMMUNICATIONS — None. EXECUTIVE SESSION/LITIGATION City Attorney Eiser requested a closed session to discuss the matter of Terry Hart vs the City of National City, a matter that came up after the agenda was posted. Moved by Cooper, seconded by VanDeventer, we make the finding that the need to consider this matter arose subsequent to the posting of the agenda. Carried by unanimous vote. City Attorney Eiser said this closed session is authorized under Government Code Section 54956.9(A), to discuss pending litigation. Moved by Cooper, seconded by VanDeventer, in favor of the closed session. Carried by unanimous vote. Council went into closed session at 4:47 p.m. Council reconvened at 5:36 p.m. ROLL CALL Council members present: Cooper, Daila, Pruitt, Waters. Absent: VanDeventer. ADJOURNMENT Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 7:00 p.m., September 27, 1988. Carried by unanimous vote. The meeting closed at 5:38 p.m. Councilman VanDeventer arrived. The foregoing minutes were approved at the regular meeting of September 27, 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.