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HomeMy WebLinkAbout1988 11-22 CC MINBook 70/Page 161 11/22/88 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 22, 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: Assoc. Civil Engineer Berkuti, Bolint, Campbell, Eiser, McCabe, 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 the Rev. Wallace Pearson, First Congregational Church. APPROVAL OF MINUTES The City Clerk reported that the minutes of the adjourned workshop meeting held on November 14 have not been distributed, and the minutes of the regular meeting of November 15 were distributed yesterday. There was consensus to hold approval of these minutes over to December 6. PROCLAMATIONS Moved by VanDeventer, seconded by Cooper, the Proclamation be accepted by title only. Carried by unanimous vote. The Proclamation declaring the week of November 21-27, 1988 to be "FAMILY WEEK" was read aloud in full by Mayor Waters. The Mayor asked the City Manager to mail the Proclamation to the proper person. Mayor Waters requested that Item 9 be considered at this time. OLD BUSINESS SOLID WASTE MANAGEMENT 9. SUBJECT: Sale of Sewer Capacity (Supervisor Bilbray requested that the City determine whether it had any interest in selling or leasing all or some of its excess METRO capacity to the County of San Diego.) RECOMMENDATION: Staff recommended that the City not lease or sell any of its sewer capacity. TESTIMONY: Public Works Director Williams was present and said the City presently has 8.1 million gallons per day capacity in the METRO System; our current estimated usage is about 3.9 million gallons per day; meters have been installed, but we won't have any data for about six months; the County initially asked for 2 million gallons capacity for sale or lease, but are willing to accept 1 million gallons capacity; the agreement we have with METRO is essentially a 40—year lease; we have another 14—years on the current lease, and it can unilaterally be extended for another ten years; at the end of that time, we will have nothing; sale or lease would be essentially the same; if we 'ease the sewer capacity, we cannot take it back if the County still needs it. Mr. Williams displayed a chart showing projections on population growth and expected sewer usage. Supervisor Brian Bilbray was present and said the County is looking tt what they will need until they can get on line with a treatment facility in the South Bay. ACTION: Moved by Pruitt, seconded by Cooper, the City Manager meet with the County Board of Supervisors, negotiate a sale of one million gallon capacity, and bring it back to Council (amended motion). Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. PUBLIC HEARINGS SUBDIVISION/ZONING/VARIANCE 1. SUBJECT: Public Hearing on appeal of the Planning Commission's denial of a Tentative Parcel Map two divide to existing parcels into four parcels and Zone Variance to allow access via an easement across proposed parcels for property located at 3140 E. Second St.; Appellant: Edward & Elvira Arregui; Case File Nos. LS-2-88/Z-2-88. The City Clerk Book 70/Page 162 11/22/88 reported that the Certificate of Publication and Affidavit of Mailing were on file; a letter of protest was received from Cynthia G. Dyson, 1456 Mariposa St. RECOMMENDATION: The Planning Commission voted to deny the application; staff concurs with the action of the Planning Commission and recommended that the application be denied. TESTIMONY: The following were present and spoke in favor of the project: Ed Arregui, 3140 E. Second St.; Elvira Arregui, 3140 E. Second St.; Arlene Arregui, 725 Mission Ave., Chula Vista. The following were present and spoke in opposition to the project, and their concerns about their loss of views: Rick Holly (representing his father—in—law who lives at 1430 Mariposa); James Donahue, 1438 Mariposa; Arlene LaPlant, 1426 Mariposa. Discussion re the width of the driveway. Fire Chief Kimble said under the Fire Code, we are able to make an exception to the 20' fire lane access requirement when automatic fire extinguishing systems are installed; Mr. Arregui has agreed to install a residential automatic fire extinguishing system in each of the houses; if he does not install the systems, no building permit will be issued. Mayor Waters called a recess at 8:28 p.m. Council reconvened at 8:38 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. SUBDIVISION/ZONING/VARIANCE 1. Public Hearing (Cont'd.) ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed, this be approved with the conditions set down by staff, plus no manufactured homes (pre—fab) be placed on these Tots, and Council review the building plans before approval (amended motion). Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. PLANNED DEVELOPMENT PERMIT 2. SUBJECT: Public Hearing on appeal of the Planning Commission's denial of Application for modification of Planned Development Permit No. PD-5-86 to increase the number of motel units to be constructed at 1610 Plaza Blvd., from 54 to 70; Appellant: Shi—Kay—Yao; Case File No. PD-5-88. The City Clerk reported that the Certificate of Publication and Affidavit of Mailing were on file; a letter of protest was received from Ronald L. Coulter, 1410 Palm Ave. RECOMMENDATION: The Planning Commission voted to deny the application; staff concurs with the Planning Commission's denial. TESTIMONY: The following were present and spoke in favor of the permit application: Ron Davis (architect for the project); Shi—Kay—Yao (owner); James Hernandez, 221 Pawnee, San Marcos (general contractor for project). Mr. ? , 1478 1st Ave., Chula Vista (Manager, Sweetwater Inn) was present and spoke in opposition. ACTION: Moved by Pruitt, seconded by Cooper, the Public Hearing be closed, and this be approved. Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. Councilman Dalla left Council Chambers at 9:18 p.m. SUBDIVISION/CONFLICT OF INTEREST 3. SUBJECT: Public Hearing on Tentative Subdivision Map for 14 single— family residential Tots on approximately 2.4 acres located on the south side of 16th St., extending from 140' to 400' west of Lanoitan Ave.; Applicant: C. E. Wilson; Case File No. S-2-87. The City Clerk reported that the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission recommended that Council approve the Tentative Subdivision Map subject to conditions; staff concurs with the Planning Commission's recommendation. Book 70/Page 163 11/22/88 TESTIMONY: Donna Russell, 2531 E. 16th St. was present and spoke in opposition. The following were present and spoke in favor: Harry ? (Civil Engineer for the project); Jack Frost, 2857 Via Del Alazon, Bonita (one of the owners of the project). Discussion re re —designing the Tots at northwest and northeast corners so that residents wouldn't have to back out of their driveways. Planning Director post suggested that these parcels could be oriented in a north/south configuration to avoid the residents backing out onto 16th St. ACTION: Moved by Cooper, seconded by VanDeventer, the Public Hearing be closed and we approve this under the conditions imposed by staff and mentioned here this evening (no backing onto 16th St.). Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: None. Absent: Dalla. Councilman Dalla returned to Council Chambers at 9:36 p.m. and explained he left because the developer on the project is his brother—in—law. CONDITIONAL USE PERMIT 4. 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 that the Certificate of Publication and Affidavit of Mailing were on file, and the developer has requested a 90—day continuance. RECOMMENDATION: Staff recommended that the hearing be continued for 90 days. ACTION: Moved by VanDeventer, seconded by Cooper, the hearing be continued for 90 days. Carried by unanimous vote. COMMUNITY DEVELOPMENT/BLK GRNT 5. SUBJECT: Public Hearing on Guidelines, Community Development Block Grant Program, 1989-1990 (The City will receive approximately $915,000; this is the first of three proposed public hearings before the City Council.) RECOMMENDATION: None. TESTIMONY: Executive Director, Community Development Commission Peterson summarized the requests received. Jim Ladd, 1433 E. 24th St., was present and requested funds on behalf of Friends of the Library and Project Read. ACTION: Moved by VanDeventer, seconded by Pruitt, the Public Hearing be continued to December 13 (amended motion). Carried by unanimous vote. Mayor Waters called a recess at 10:08 p.m. Council reconvened at 10:17 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,798 through 15,799) Moved by VanDeventer, seconded by Cooper, the Consent Resolutions be adopted. Carried by unanimous vote. CONTRACT 6. Resolution No. 15,798, "A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STATE NET AND THE LEAGUE OF CALIFORNIA CITIES TO PROVIDE CITYLINK SERVICES FOR A PERIOD OF ONE YEAR." (To provide a daily update on actions or revisions on any piece of California Legislation) Adopted. See above. Book 70/Page 164 11/22/88 BUDGET FY88-89/AREA DEVELOPMENT 7. Resolution No. 15,799, "A RESOLUTION OF THE CITY ODUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE REQUEST FOR THE APPROPRIATION OF FUNDS TO THE SECOND HARBOR ENTRANCE PROJECT, INC. FROM THE SAN DIEGO UNIFIED PORT DISTRICT FOR FEASIBILITY STUDIES." Adopted. See above. ADOPTION OF RESOLUTIONS (NOT PART OF THE CONSENT AGENDA) BUDGET TRANSFERS FY 88-89/PERSONNEL/POLICE 8. Resolution No. 15,800, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH IRA GROSSMAN, PH D., INC., TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM, AND AUTHORIZING A TRANSFER OF FUNDS TO MEET NECESSARY BUDGET REQUIREMENTS." Moved by VanDeventer, seconded by Dalla, Resolution No. 15,800 be adopted. This motion was not voted on. Moved by Pruitt, seconded by VanDeventer, this be continued to December 6, staff to determine what level of services we are talking about. Carried, by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: Cooper. OLD BUSINESS SOLID WASTE MANAGEMENT 9. SUBJECT: Sale of sewer capacity. See above. NEW BUSINESS FINANCIAL MANAGEMENT/CONFLICT OF INTEREST 10. SUBJECT: Warrant Register No. 20, Ratification of Demands in the amount of $163,303.21 (Warrants Nos. 103096 through 103203 [except No. 103202]), and Certification of Payroll for the period ending October 31, 1988, in the amount of $354,542.50. RECOMMENDATION: Staff recommended that the warrants be ratified. CONFLICT OF INTEREST: Councilman VanDeventer said he would abstain on Warrant No. 103178 because he owns the building and previously owned the business. ACTION: Moved by Cooper, seconded by Pruitt, the bills be ratified and the payroll certified. Warrants (except No. 103178) ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. Warrant No. 103178 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. Payroll certified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. ZONING 11. SUBJECT: Letter from Ross Provence, attorney for Mr. and Mrs. Mario Grepo, regarding their property at 1441 E. 8th St. (1.35 acres zoned for commercial use; they have developed plans for a commercial center, submitted to the City prior to the moratorium). RECOMMENDATION: None. TESTIMONY: Ross Provence, 1615 Sweetwater Rd., was present, outlined the history of the project, and requested that Council determine that the Grepos have a vested right to proceed with their project, using pre March, 1988 parking requirements. ACTION: Moved by Cooper, seconded by Pruitt, Council determine that the Grepos have a vested right and approve the project. Moved by Dalla, seconded by VanDeventer, the motion be amended to refer this to staff for their input, and based on that, Council can make an intelligent decision. Amendment failed by the following vote, to —wit: Ayes: Dalla, VanDeventer. Nays: Cooper, Pruitt, Waters. Original motion and second withdrawn. Moved by Cooper, seconded by Pruitt, we direct the City Attorney to come back in two weeks with some language which would give persons who have submitted plans and paid fees a vested right to proceed with their project (shopping center). Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, Waters. Nays: Dalla, VanDeventer. Book 70/Page 165 11/22/88 OTHER BUSINESS PERSONNEL 12. SUBJECT: The City Engineer's request for additional personnel Assistant Civil Engineer (to be funded using Proposition A money). RECOMMENDATION: Staff recommended that Council authorize the hiring of an Assistant Civil Engineer. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of staff's recommendation. Carried by unanimous vote. CITY COUNCIL MEETINGS 13. SUBJECT: City Council meetings — holiday season recess. RECOMMENDATION: Staff recommended that Council declare a holiday season Council meeting recess on Tuesday, December 27, 1988 and Tuesday, January 3, 1989. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMIT 14. SUBJECT: Request from the National City Chamber of Commerce for the use of Kimball Community Bldg. and the serving of alcoholic beverages for their annual dinner meeting, on Saturday, January 28, 1989, from 6:00 p.m. to midnight. RECOMMENDATION: Staff recommended approval subject to the following: 1. Applicant shall obtain a use permit from the Dept. of Alcoholic Beverage Control, a copy to be filed with Public Works prior to the event; 2. A Certificate of Insurance (personal liability and property damage in the amount of $500,000 for a single occurrence), naming the City as additional insured shall be submitted, to include liquor liability and a Hold Harmless form executed; 3. Security arrangements shall be approved by the Chief of Police; rental fees are waived pursuant to Category 1 of the Building Rental Policy. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMIT 15. SUBJECT: Request from Sweetwater High School Quarterback Club for use of Kimball Community Bldg. and for waiver of rental fees, to hold their Annual Awards Banquet on Saturday, January 14, 1989, from 6:00 p.m. to 9:00 p.m. RECOMMENDATION: Staff recommended approval subject to the following: 1. A Certificate of Insurance (personal liability and property damage in the amounts of $500,000 for a single occurrence), naming the City as additional insured shall be submitted, and a Hold Harmless form executed; 2. Security arrangements shall be approved by the Chief of Police; staff recommended that Council approve waiver of fees except City out—of—pocket costs for utility consumption of $23.85 and custodial cost of $225.18. ACTION: Moved by Pruitt, seconded by Cooper, in favor of staff's recommendation. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR CITY COUNCIL MEETING 16. SUBJECT: Memo regarding installation of officials. RECOMMENDATION: Mayor Waters recommended that the meeting of December 6, 1988, when newly elected officials will be sworn in, be held at 7:00 p.m. instead of 4:00 p.m. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor. Carried by unanimous vote. BD/COMM Mayor Waters said we have six applications for the Planning Commission and six for the Traffic Safety Committee. Councilman VanDeventer reported there are two more people who wish to apply in December. Book 70/Page 166 11/22/88 MAYOR/COUNCIL Mayor Waters said he was asked by the Governor to select an individual in the community for "outstanding citizen"; he would recommend Patrick DeGuire. MAYOR/COUNCIL Mayor Waters said he received a letter from Admiral Lewis thanking the City for it's support. MAYOR/COUNCIL Mayor Waters said he received a letter from Paradise Valley Hospital expressing appreciation for the City's efforts in the fight against drugs. MAYOR/COUNCIL Mayor Waters reported the 4th Annual Winterfest Boat Parade will be Saturday, December 17; the parade route will be the same as last year, and the theme will be "Christmas and all that Jazz". POLITICAL SUPPORT Mayor Waters said we received a letter from the City of Imperial Beach, requesting our support in their quest to get something done with their harbor. CITY COUNCIL — No reports. PUBLIC ORAL COMMUNICATIONS — None. ADJOURNMENT Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 7:00 p.m., December 6, 1988. Carried by unanimous vote. The meeting closed at 11:36 p.m. The foregoing minutes were approved December 13, 1988. dcerv: CLA*4,412_)e-k.A CITY CLE at the regular meeting of Corrections No Corrections MAYOR 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.