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HomeMy WebLinkAbout1988 10-11 CC MINBook 70/Page 133 10/11/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 11, 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, 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 VanDeventer, seconded by Pruitt, approval of the minutes of the regular meeting of October 4, 1988 be held over one week. Carried by unanimous vote. Absent: Cooper. PROCLAMATION Moved by VanDeventer, seconded by Pruitt, the Proclamation be accepted by title only. Carried by unanimous vote. Absent: Cooper. The Proclamation declaring the week of October 15 through 21, 1988 to be "NATIONAL BUSINESS WOMEN'S WEEK". Moved by VanDeventer, seconded by Pruitt, in favor of this Proclamation. Carried by unanimous vote. Absent: Cooper. The Proclamation was read aloud in full by Mayor Waters. The Mayor asked the City Manager to mail the Proclamation to the proper organization. PUBLIC HEARINGS CONDITIONAL USE PERMIT 1. SUBJECT: Public Hearing on Appeal of the Planning Commission's denial of Conditional Use Permit Application for construction and operation of a 99—bed intermediate health—care facility at 614 E. 8th St.; Applicant: Bobby Knox; Case File No. CUP-1988-1. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission voted to deny the application; staff concurs with the decision of the Planning Commission, and recommends that this project be denied based on findings contained in the Planning Commission Resolution. TESTIMONY: Victor Bucalia, 8432 Trujillo Way, San Diego, was present, said Mr. Knox was unable to be present and requested a continuance. ACTION: Moved by VanDeventer, seconded by Pruitt, the Public Hearing be continued to November 22, 1988. Carried by unanimous vote. Absent: Cooper. STREET VACATION/22ND ST 2. SUBJECT: Public Hearing on proposed vacation of portions of 22nd St., between 'J' and 'K' Avenues; City initiated; Case File No. SC-4-88. The City Clerk reported the Certificate of Publication and Affidavits of Mailing and Posting were on file. RECOMMENDATION: The Planning Commission recommended that Council approve the proposed vacation; staff concurs with the Planning Commission's recommendation. The City Clerk said the Planning recommendation reserves easements for SDG&E and for Pacific Telephone; she received a phone call from Cox Cable, and they also want to reserve an easement; they put a letter in the mail today and it should be considered as well. Planning Director Post said a simple change to the Resolution would take care of these concerns. TESTIMONY: None. ACTION: Moved by VanDeventer, seconded by Pruitt, the Public Hearing be closed and in favor of the Planning Commission's recommendations and an easement for Cox Cable be included. Carried by unanimous vote. Absent: Cooper. Book 70/Page 134 10/11/88 ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,760 through 15,766) Moved by VanDeventer, seconded by Pruitt, the Consent Resolutions be adopted. Carried by unanimous vote. Absent: Cooper. CONTRACT/PERSONNEL 3. Resolution No. 15,760, "A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY." Adopted. See above. POLITICAL SUPPORT 4. Resolution No. 15,761, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING PROPOSITION 97)." (dealing with California's Occupational Safety and Health program; safeguards will be initiated to protect workers immediately to on —site hazards at job sites) Adopted. See above. CONTRACT/FIRE PROTECTION 5. Resolution No. 15,762, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." Adopted. See above. POLITICAL SUPPORT/SCHOOLS 6. Resolution No. 15,763, "A RESOLUTION OF THE CITY OF NATIONAL CITY SUPPORTING PROPOSITION 79, THE SCHOOL FACILITIES BOND ACT OF 1988." (Authorizing the State to sell $800 million in general obligation bonds to pay for (1) the construction, reconstruction, or modernization of elementary and secondary school facilities through the State School Building Lease —Purchase Program; (2) Abatement of hazardous asbestos in school facilities; (3) Air—conditioning equipment and insulation materials for year—round schools.) Adopted. See above. STREET VACATION/29TH ST 7. Resolution No. 15,764, "A RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE WESTERLY 134—FEET OF THE UNIMPROVED PORTION OF 29TH STREET, LOCATED APPROXIMATELY 165—FEET EAST OF 'A' AVENUE; CASE FILE NO. SC-2-87." Adopted. See above. BUDGET TRANSFER FY 88-89/TRAFFIC SIGNALS 8. Resolution No. 15,765, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF FUNDS FOR TRAFFIC SIGNAL CONTROL SYSTEM." ($640) Adopted. See above. CONTRACT/TRAFFIC SIGNALS 9. Resolution No. 15,766, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING SIGNAL MAINTENANCE, INC. TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SIGNAL MAINTENANCE, INC. (ENGINEERING SPECIFICATION NO. 1025)." Adopted. See above. ADOPTION OF RESOLUTION (NOT PART OF THE CONSENT RESOLUTIONS) DEEDS AND EASEMENTS 10. Resolution No. 15,767, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM KENNETH P. ATTAWAY AND MABLE L. ATTAWAY AND AUTHORIZING RECORDATION OF A GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES (NORTHWEST CORNER OF 5TH STREET AND 'V' AVENUE; A.P.N. 557-060-29)." Moved by VanDeventer, seconded by Pruitt, Resolution No. 15,767 be adopted. Carried by unanimous vote. Absent: Cooper. ORDINANCE FOR INTRODUCTION Moved by VanDeventer, seconded by Pruitt, the Ordinance be presented by title only. Carried by unanimous vote. Absent: Cooper. CONTRACT/PERSONNEL 11. "An Ordinance of the City of National City authorizing amendment of the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of National City." Book 70/Page 135 10/11/88 NEW BUSINESS FINANCIAL MANAGEMENT/CONFLICT OF INTEREST 12. SUBJECT: Warrant Register No. 14, Ratification of Demands in the amount of $297,048.21 (Warrants Nos. 102544 through 102627), and Certification of Payroll for the period ending September 19, 1988, in the amount of $359,572.55. RECOMMENDATION: Staff recommended that the warrants be ratified. CONFLICT OF INTEREST: Councilman VanDeventer said he would abstain on Warrant No. 102625 because he has done business with this individual. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor. Warrants (except No. 102625) ratified by the following vote, to — wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: None. Absent: Cooper. Warrant No. 102625 ratified by the following vote, to —wit: Ayes: Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. Absent: Cooper. Payroll certified by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: None. Absent: Cooper. OTHER BUSINESS SUBDIVISION 13. SUBJECT: Request for approval of Final Subdivision Map for 18 single— family residential Tots on 4.79 acres east of Shell Ave., north of Lou St., and west of the terminus of Peach Blossom St.; Applicant: Philhomes Plaza 1; Case File No. S-1-86. RECOMMENDATION: The Planning Commission approved the map and recommended its adoption by the City Council subject to three conditions; staff concurs with the Planning Commission's recommendation and also recommends approval of the proposed development plans. Planning Director Post spoke of a proposed Architectural Committee which would have the same function as a Homeowners' Assoc., without collecting dues; staff feels the committee would be a workable solution as long as it is adequately funded; the applicant has agreed to supply initial funding in the amount of $8,000; staff would agree with the arrangement as long as the $8,000 is maintained as a minimum balance. TESTIMONY: The following were present and spoke: Colin Said, Construction Management Services, 1010 Turquoise St., San Diego; Alfredo ? , 6578 Pinecone Lane, San Diego; Martin Henry (architect), 1010 Turquoise, San Diego, displayed renderings and floor plans of the proposed project. There was discussion re drainage onto Peach Blossom, surveying of the rear property line, additional traffic on Shell, fencing at the rear of the property and landscaping. Mr. Said he would be willing to pay an impartial surveyor to confirm the rear boundary of the property, they will be contributing $32,000 to the drainage fund, and he is willing to landscape the properties. Mr. Said was asked if he would be willing to put in 200' of curb and gutter on Shell, from the end of his development to 4th St. He replied he would be willing to do so. Fred Puhn, 425 Shell, was present and said if the City is willing to pave Shell, from the end of the development to 4th, he will give up part of his property for the street. ACTION: Moved by VanDeventer, seconded by Pruitt, this be approved with all conditions of staff and the City Council. Carried by unanimous vote. Absent: Cooper. Mayor Waters called a recess at 8:20 p.m. Council reconvened at 8:28 p.m. ROLL CALL Council members present: Cooper. Dalla, Pruitt, VanDeventer, Waters. Absent: TRAFFIC SIGNALS 14. SUBJECT: The City Engineer's status report on C.I.P. No. 6534, Pedestrian Signal at Division St. and 'T' Ave. RECOMMENDATION: Staff recommended that Council authorize staff to proceed with Alternate 3A (portable flashing yellow beacon at a cost of $20,000). Book 70/Page 136 10/11/88 ACTION: Moved by Dalla, seconded by Pruitt, in favor of Alternate 3A. Carried by unanimous vote. TEMPORARY USE PERMIT 15. SUBJECT: Request of the Seventh Day Adventist Church for a Temporary Use Permit for their "March Against Drugs, Alcohol and Tobacco" on October 15, 1988, from 3:00-5:00 p.m., Plaza Blvd., from Highland Ave. to Palm Ave.; waiver of fees is also requested. RECOMMENDATION: Staff recommended approval subject to the following conditions: If street is closed, applicant shall provide a $1 million general liability policy with the City named as additional insured; applicant shall provide a Hold Harmless Agreement; street must remain open and unimpaired (traffic); marchers shall remain on sidewalk and obey all traffic regulations. City Attorney Eiser said he has some concerns about waiving fees when the applicant is a church; the practice in the past for churches is to not waive fees. ACTION: Moved by VanDeventer, seconded by Pruitt, this be approved, but we not waive the fees. Carried by unanimous vote. Absent: Cooper. TEMPORARY USE PERMIT 16. SUBJECT: Request of Paradise Valley Seventh Day Adventist, Paradise Valley Hospital and San Diego Academy for a Temporary Use Permit for their 5K and 10K Fun Run on Sunday, November 13, 1988 through the City; waiver of fees is also requested. RECOMMENDATION: Staff recommended approval subject to the following conditions: New route to be chosen, to be presented on October 11, 1988; applicant to supply 25 course marshals; applicant shall meet with Capt. Deese on October 11 at 9:00 a.m. to discuss event; route to be linear, not circuitous; 10K and 5K routes to be the same; will require 30+ hours overtime by Public Works to deploy and retrieve barricades this extensive. Mayor Waters reported that the applicant withdrew this request. ACTION: Moved by VanDeventer, seconded by Pruitt, so move. Carried by unanimous vote. Absent: Cooper. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR MAYOR/COUNCIL Mayor Waters read a letter to the Police Dept. from Mrs. Figueroa, commending the Police Dept. and enclosing a $50 donation. MAYOR/COUNCIL Mayor Waters spoke of a recent editorial in the Star News showing him asleep at his desk, saying when people stretch the truth, they cross themselves up; there is an article in the same newspaper, showing the Mayor involved with the press; his door is always open to the press, but there are certain things he can't talk about because it could jeopardize a lawsuit; he will not talk to reporters who only talk about the bad side of the City. CITY COUNCIL Vice Mayor Dalla spoke of concerns about the safety and access to the offices on the second floor, saying it is a worthwhile matter to refer to staff for evaluation and recommendations to enhance the safety and security of these offices. Moved by Dalla, seconded by VanDeventer, we refer this item to staff to come back with some sort of recommendation, and in the meantime, the door that has heretofore been unlocked, be locked. Carried by unanimous vote. Absent: Cooper. PUBLIC ORAL COMMUNICATIONS PUBLIC REQUEST/COMPLAINT Regina Heinrich, 1011 'R' Ave., was present and spoke of a problem with RV's parked on her street; there are children in the neighborhood, and they cannot see around these RV's; she called the City about a year ago, but nothing was Book 70/Page 137 10/11/88 done; she called the police yesterday and they came out and red —tagged the vehicles; one has been moved, but the owner of the other vehicle is not going to move it because he happens to be a police officer. Mrs. Heinrich was assured that the matter would be looked into. CITY FACILITY/CIVIC CENTER Steve Young, 1900 Wilson Ave., was present and said he is the apparent low bidder on Spec. No. 12, a repair project on the Civic Center; bidding was scheduled for September 23, but was postponed to September 30; three bidders came to the bid opening, and his company was the apparent low —bidder; he found out two days ago that the City is not going to award the bid, and are planning on putting it back out to bid. Building & Safety Director Reid said he reviewed the bids, and because of a number of things, Council will be receiving his report and recommendation at a future Council meeting. Mr. Reid was asked to advise Mr. Young when it will be on the agenda. ADJOURNMENT Moved by VanDeventer, seconded by Pruitt, the meeting be adjourned to a Joint City Council/Community Development Commission workshop regarding Civic Center Architectural Proposal, October 13, 1988, 2:00 p.m. Carried by unanimous vote. Absent: Cooper. The meeting closed at 8:55 p.m. ;' CITY CLERK I The foregoing minutes were approved at the regular meeting of October 18, 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.