HomeMy WebLinkAbout1988 12-13 CC MINBook 70/Page 174
12/13/88
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
DECEMBER 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 Delta, Inzunza, Pruitt, VanDeventer, Waters. Absent None.
Administrative officials present Bolint, Eiser, McCabe, Myers, Peoples, 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 Councilman Dalla.
APPROVAL OF MINUTES
Moved by VanDeventer, seconded by Pruitt, the minutes of the regular meeting of
November 22, 1988 and December 6, 1988 be approved. Carried by unanimous vote.
EXECUTIVE SESSION/PERSONNEL
Mayor Waters asked that the Clossed Session for personel matters under Government Code
Section 54957 , be considered at this time. Moved by VanDeventer, seconded by Pruitt, in
favor. Carried by unanimous vote.
Council went into Executive Session at 7:04 p.m.
Council reconvened at 8:03 p.m.
ROLL CALL
Council members present Della, Inzunza, Pruitt, VanDeventer, Waters. Absent None.
The Mayor announced that no decision was made in the Executive Session.
PUBLIC HEARINGS
COMMUNITY DEVELOPMENT/BLK GRNT
1. SUBJECT: Continued Public Hearing - Guidelines, Community Development Block
Grant Program, 1989-1990. Executive Director Peterson announced that the
purpose of the hearing was to hear from any interested persons. He noted one
additional item, improvements to 8th Street and National City Boulevard to the west
and east which Council added as Item 16 to their list.
The City Clerk reported that the Certificate of Publication and Affidavit of Mailing
were on file.
RECOMMENDATION: None.
TESTIMONY: Lucy Ungab, 3330 Lou Street, spoke in favor of Item 11,
Filipino American Community Building.
Jim Ladd, 1433 E. 24th Street, spoke in favor of Item 8, Friends of the
National City Public Library, Project Read.
Lily Martin, 2213 Melrose added to the prior testimony of Lucy Ungab with
regards to the Filipino American Community Building.
Tom Cames, 2202 E. 10th, spoke in favor of Item 6, National City Historical
Society - professional survey of historical sites.
ACTION: Moved by VanDeventer, seconded by Pruitt, to hold this over until
the end of the next Regular Meeting - December 20, 1988 - 4:00 p.m.
Carried by unanimous vote.
ULTRONICS/CABLE FRANCHISE
2. SUBJECT: Public Hearing - Proposed Non -Exclusive Cable Television Franchise
with Ultronics, Inc.
The City Clerk reported that the Certificate of Publication was on file.
RECOMMENDATION: Staff recommended that Council hold hearing, receive
testimony, close hearing and make determination regarding the proposed franchise.
TESTIMONY: Martin Altbaum, 7777 Alvarado Road, Suite 711, San Diego,
(President of Uitronics )spoke in favor of franchise.
Robert McRann, (Vice President and General Manager of Cox Cable), 5159
Federal Boulevard, San Diego, spoke against franchise.
Alfred Hlawatsch, 711 E. 16th Street added comment.
ACTION: Moved by VanDeventer, seconded by Inzunza, the Public
Hearing be continued to February 21. 1989, the interim to provide time for
Council to direct any questions to Assistant City Manager Bolint. Carried by
unanimous vote.
Mayor Waters called a recess at 9:40 p.m.
Council reconvened at 9:52 p.m.
Book 70/Page 175
12/13/88
ROLL CALL
Council members present Della, Inzunza, Pruitt, VanDeventer, Waters. Absent None.
ZONING
3. SUBJECT: Public Hearing - Amendment to the Combined General Plan/Zoning Map
from CL, CG-PD, RM-1-PD, RT and IP to IP-PD for properties in the vicinity of
Paradise Valley Hospital. (Case File Nos. GP-2-88/ZC-2-88).
The City Clerk reported that the Certificate of Publication and Affidavit of Mailing
were on file.
RECOMMENDATION: Staff concurs with the Planning Commission's
recommendation that the amendment be approved.
TESTIMONY: Howard King, 2226 E. 5th Street requested his home be
exempted from the change.
ACTION: Waters declared the Public Hearing closed. Moved by Pruitt,
seconded by Waters, the Planning Commission's recommendation be
approved with the exception of Mr. King's property. Carried, by the
following vote, to -wit Ayes: Dalla, Inzunza, Pruitt, Waters. Nays:
Van Deventer.
ZONING/CONFLICT OF INTEREST
4. SUBJECT: Amendment to the Combined General Plan/Zoning Map from CG to CL
for property at the southwest corner of 18th Street and "C" Avenue and from CG to
RS-2 or other residential designation for properties in the area extending south from
Kimball Park to south of 18th Street between "B" Avenue and "G" Avenue. (Case
File Nos. GP-6-88/ZC-5-88).
The City Clerk reported that the Certificate of Publication and Affidavit of Mailing
were on file.
RECOMMENDATION: Staff concurs with the Planning Commission's
recommendation to approve the amendment to apply the CL designation to the
property at the southwest comer of 18th Street and "C" Avenue, and the RS-2
designation to other specified properties, but, recommends that the RT designation
be applied, instead of RS-2, to properties on the north side of 18th Street and to
properties south of 18th Street
CONFUCT OF INTEREST: ,Councilman VanDeventer abstained as he owns
property in the affected area.
TESTIMONY: Robert Morgan, 1599 San Mateo, Chula Vista, submitted a
petition with 20 signatures of area property owners and residents who were
opposed to the zoning change. He presented 6 additional signatures and
spoke against the change.
William Espinosa, 307 E. 18th spoke against
Virginia Cairns, 1713 "C" Avenue spoke in favor.
Luther Reid, 217 E. 18th, spoke against
Al McCaley, 8212 Valer Way, San Diego (owns 335 E. 18th) spoke against
Shirley Vitander, 1808 "E" Avenue spoke in favor.
Amilia Castaneda, 1703 "C" Avenue spoke against
Gilberto Romero, owns 815 "C" Avenue (doesn't live there) spoke against
ACTION: Waters declared the Public Hearing closed. Moved by Waters,
seconded by Pruitt, to deny the proposed changes. Amendment was
offered by Della, seconded by Pruitt, to approve RT zoning for the area on
the south side of 18th Street from east of "D" Avenue to west of "G"
Avenue. The amendment Carried, by the following vote, to -wit Ayes:
Dalia, Inzunza, Pruitt, Waters. Abstaining: VanDeventer. The original
motion: Carried, by the following vote, to -wit Ayes: Inzunza, Pruitt, Waters.
Nays: Dalla. Abstaining: VanDeventer.
ZONING
5. SUBJECT: Public Hearing - Amendment to the combined General Plan/Zoning Map
from CL-PD to CG-PD for the Gaileria Shopping Center, at 2720 East Plaza Blvd.
(Case File Nos. GP-9-882C-6-88). Applicant Alfred G. Hlawatsch.
The City Clerk reported that the Certificate of Publication and Affidavit of Mailing
were on file.
RECOMMENDATION: Staff concurs with Planning Commission's recommendation
that the amendment be approved.
TESTIMONY: Don Lortscher, 2537 E. 13th Street, presented Council with a
petition of signatures of 65 homeowners against the change.
Alfred Hlawatsch, 905 E. 13th Street, (Attorney representing Branko
Gegich) and Mr. Gegich, (owner) , San Diego, spoke in favor.
Jeanette Stoutenberg, 2711 E. 14th Street, spoke against
ACTION: Waters declared the Public Hearing dosed. Moved by
VanDeventer, seconded by Pruitt, to deny the amendment Carried, by
unanimous vote.
Book 70/Page 176
12/13/88
ZONING
8. SUBJECT: Public Hearing - Amendment to the combined General Plan/Zoning Map
from GP-PZ (RS-2) to GP-PZ (CG-PD) for approximately 1.2 acres easterly of
Sweetwater Plaza Shopping Center. (Case File Nos. GP-7-882C-4-88). Applicant
Sweetwater Plaza East
The City Clerk reported that the Certificate of Publication and Affidavit of Mailing
were on file.
RECOMMENDATION: Staff concurs with the recommendation of the Planning
Commission to approve the amendment Staff noted they had two area residents
who spoke in opposition to the project at the Planning Commission Meeting. They
were the owners of 2902 and 2779 Prospect Street
TESTIMONY: Ross Province (representing the Sweetwater Plaza) spoke in
favor.
ACTION: Waters declared the Public Hearing closed. Moved by
VanDeventer, seconded by Pruitt, in favor of staffs recommendation to
approve the amendment Carried, by unanimous vote.
ZONING/CONFLiCT OF INTEREST
7. SUBJECT: Public Hearing - Amendment to the Combined General Plan2oning
from CG to IC -OS for approximately 1.73 acres at the southwest comer of 12th
Street and "D" Avenue. (Case File Nos. GP-5-882C-5-88)
The City Clerk reported that the Certificate of Publication and Affidavit of Mailing
were on file.
RECOMMENDATION: Staff concurs with the Planning Commission's
recommendation to approve the amendment
CONFLICT OF INTEREST: Councilman Dalla abstained as he owns property in the
affected area.
TESTIMONY: None
ACTION: Waters declared the Public Hearing closed. Moved by
VanDeventer, seconded by Pruitt, in favor of staffs recommendation to
approve the amendmentCarried, by the following vote, to -wit Ayes:
Inzunza, Pruitt, VanDeventer, Waters. Abstaining: Della.
Mayor Waters called a recess at 11:20 p.m.
Council reconvened at 11:30 p.m.
ROLL CALL
Council members present Della, Inzunza, Pruitt, VanDeventer, Waters. Absent None.
CONDITIONAL USE PERMIT
8. SUBJECT: Public Hearing - Appeal of Planning Commission denial of Conditional
Use Permit application for the sale of beer and wine at a convenience market at 2400
East 8th Street, Suite A. (Case File Nos. CUP-1988-18). Applicant Victor Khouri.
The City Clerk reported that the Certificate of Publication and Affidavit of Mailing
were on file.
RECOMMENDATION: Staff concurs with the decision of the Planning Commission
and recommends that this application be denied.
TESTIMONY: None
ACTION: Waters declared the Public Hearing dosed. Moved by
VanDeventer, seconded by Pruitt, in favor of staffs recommendation to
deny the Conditional Use Permit Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 15,821 through 15,824)
Moved by VanDeventer, seconded by Dalla, the Consent Resolutions be adopted. Carried,
by unanimous vote
STORM DRAIN EASEMENT
9. Resolution No. 15,821, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CITY CLERK TO ACCEPT A STORM DRAIN
EASEMENT FROM THE GOSPEL LIGHT BIBLE CHURCH. (National City
Engineering Dept. No 8514)." Adopted. See above.
METRO OVERCHARGE/REFUND AGREEMENT
10. Resolution No. 15,822, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING CITY OF SAN DIEGO METRO OVERCHARGE
REFUND AGREEMENT, AND AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE SAID AGREEMENT." Adopted. See above.
Book 70/Page 177
12/13/88
PORT DISTRICT PLAN/MARINE TERMINALS
11. Resolution No. 15823,'"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY SUPPORTING THE UNIFIED PORT DISTRICT MASTER PLAN
FOR THE 10TH AVENUE AND 24TH STREET MARINE TERMINALS.' Adopted.
See above.
POLICE/GRANT
12. Resolution No. 15,824, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE SERVICES DIVISION COMMANDER OF THE
NATIONAL CITY POLICE DEPARTMENT TO APPLY FOR AN OFFICE OF
CRIMINAL JUSTICE PLANNING GRANT, TO RECEIVE AND ADMINISTER THE
GRANT PROCEEDS, AND TO SIGN ANY AND ALL DOCUMENTS IN CONNECTION
WITH SAID GRANT." Adopted. See above.
ADOPTION OF RESOLUTIONS (NOT PART OF THE CONSENT AGENDA)
Moved by VanDeventer, seconded by Pruitt, the Resolutions be read by title only. Carried
by unanimous vote.
CONTRACT/POLICE
13. Resolution No. 15,825, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH IRA GROSSMAN, PHD., INC. TO PROVIDE AN EMPLOYEE
ASSISTANCE PROGRAM, AND AUTHORIZING A TRANSFER OF FUNDS TO
MEET NECESSARY BUDGET REQUIREMENTS." " DEFERRED FROM COUNCIL
MEETING OF 12/08/88 "
ACTION: Moved by VanDeventer, seconded by Daila, in favor of staffs's
recommendation to approve Resolution No. 15, 825.
TESTIMONY: Ira Grossman, 4550 Kearny ViNa Road, Suite 214, San Diego
responsed to questions of Council.
Everett Bobbitt (Attorney for P.OA) 1850 5th Avenue, San Diego, spoke in favor.
Mike Tripper (P.OA spokesman) 1200 "A" Avenue, spoke in favor.
Laura Squier (OHS representative) responsed to questions of Council.
Carey Sullivan (Police Officer) 1200 "A" Avenue, spoke in favor.
ACTION: Failed, by the following vote, to -wit Ayes: Della, VanDeventer. Nays:
Inzunza, Pruitt, Waters. Moved by Pruitt, seconded by Inzunza, to award the
contract to Occupational Health Services, Carried, by the following vote, to -wit
Ayes: Inzunza, Pruitt, Waters. Nays:Dalla, VanDeventer.
ORDINANCES FOR INTRODUCTION
Moved by Della, seconded by VanDeventer, the Ordinances be presented by title only. No
vote was taken.
ORDINANCE/ULTRONICS FRANCHISE
14. "An Ordinance of the City of National City granting a non-exclusive franchise to
Ultronics, Inc. to construct, maintain and operate a cable television system within said
City." City Attorney Eiser suggested Council continue this for 60 days as it pertains
to the Ultronics Franchise award which was considered earlier and continued for 80
days. Moved by VanDeventer, seconded by Pruitt, to continue this item for 80 days.
Carried, by unanimous vote.
ORDINANCES FOR ADOPTION
ORDINANCE/MORATORIUM ON SHOPPING CENTERS
15. "An Ordinance amending Section 3 of Ordinance No. 1982 (Shopping Center
Moratorium)." Moved by Pruitt, seconded by Inzunza, the Ordinance No. 1966 be
adopted. Carried, by the following vote, to -wit Ayes: Inzunza, Pruitt, Waters. Nays:
Della, VanDeventer
ORDINANCE/SALARY
18. "An Ordinance establishing the salaries of the Mayor, the City Council, and of the
Chairman and Members of the Community Development Commission." Moved by
Pruitt, seconded by Inzunza, Ordinance No. 1967 be adopted, Carried by
unanimous vote.
OLD BUSINESS
ADMIRALTY CONDOMINIUMS
17. SUBJECT: Request from Southwest Investments to authorize rental use of
Admiralty condominiums. **Deferred from Council Meeting of 12/8/88"
RECOMMENDATION: Staff requested direction to bring back appropriate
resolution. City Attorney Eiser suggested a Resolution coupled with an agreement
incorporating the revised, 8 conditions (crib wall, landscape plan, bond for landscape
maintenance, interior renovation of units, $25,000 donation to City for park and
recreation purposes, limit of 50 living units allowed) as agreed upon and deleting the
prior conditions.
ACTION: Moved by VanDeventer, seconded by Pruitt, to approve the
Resolution as recommended by staff. Carried, by unanimous vote.
Book 70/Page 178
12/13/88
NEW BUSINESS
FINANCIAL MANAGEMENT
18. SUBJECT: Warrant Register No. 23. Ratification of Demands in the amount of
$231,355.97 (Warrants Nos. 103377 through 103442 inclusive, excepting none).
RECOMMENDATION: Staff recommends the warrants be ratified.
ACTION: Moved by VanDeventer, seconded by Pruitt the bills be ratified.
Warrants ratified by the following vote, to -wit Ayes: Della, Inzunza, Pruitt,
VanDeventer, Waters. Nays: None.
OTHER BUSINESS
ZONE VARIANCE
19. SUBJECT: Notice of Decision - Planning Commission Resolution No 35-88 denying
a Zone Variance Application to allow two compact car parking spaces and to aIoinr
vehicles to back onto the street for development proposed at 1332 Coolidge
Avenue. Applicant Steven M. Jarvis.
RECOMMENDATION: The Planning Commission voted to deny the variance. Staff
concurs with Planning Commission.
TESTIMONY: None
ACTION: Filed without objection.
TRAFFIC SAFETY COMMITTEE
20. SUBJECT: Report of the Traffic Safety Committee Meeting of October 19, 1988.
RECOMMENDATION: Staff recommended this be received and filed.
ACTION: Moved by Della, seconded by Pruitt, the report be filed, Carried by
unanimous vote.
FIREWORKS DISPLAY PERMIT
21. SUBJECT: Request for Public Fireworks Display Permit - Barge off 24th Street Pier.
RECOMMENDATION: Staff recommended the fireworks display permit be
approved.
ACTION: Moved by Della, seconded by VanDeventer, in favor of staffs
recommendation. Carried, by unanimous vote.
SEAGRAVES FIRE TRUCK
22. SUBJECT: Firefighters' Association request to use 1925 Seagraves Fire Truck
RECOMMENDATION: Staff recommended approval of request as presented.
ACTION: Moved by VanDeventer, seconded by Pruitt, in favor. Carried, by
unanimous vote.
NATIONAL CITY TRANSIT
23. SUBJECT: Request for National City Transit to participate in the National City Spirit
of the Holidays Program on December 15 through 18, 1988.
RECOMMENDATION:Staff recommended approval.
ACTION: Moved by VanDeventer, seconded by Pruitt, in favor. Carried by
unanimous vote.
CITY MANAGER - No report
CITY ATTORNEY - No report.
OTHER STAFF - No report
MAYOR
SISTER CITY/CHRISTMAS TREE
24. SUBJECT: Authorization to Purchase a Christmas Tree.
ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of
authorizing up to $100 to purchase a live Christmas Tree forpresentation to
our Sister City, Tecate. Amendment offered by Councilman Della to use any
monies remaining after the tree purchase to buy ornaments or lights.
Carried, by unanimous vote.
SISTER CITY/CHRISTMAS TREE
Mayor Waters announced that at 9:00 am. on Friday, December 16th the Christmas Tree
would be delivered to our Sister City, Tecate and invited Council to attend.
CITY TOUR
Mayor Waters staled that on January 11, 1989 at 1:30 p.m. the City Council would be going
on a bus tour of the City neighborhoods to locate areas in need of rejuvenation.
HART SETTLEMENT
Mayor Waters referenced the Council request to try and obtain Mr. Harts waiver of the
condition of financial confidentiality. The response received from Mr. Harts representative,
Mr. Babbitt, stated that Mr. Hart was unwilling to give permission for disclosure of the
agreement.
Book 70/Page 179
12/1 S/88
COUNCIL PHOTOS
Mayor Waters announced that at 3:00 p.m. on December 20, 1988, a photo session would
be held for Council members.
CITY COUNCIL- No Report
PUBLIC ORAL COMMUNICATIONS - None
ADJOURNMENT
Moved by VanDeventer, seconded by Della, the meeting be adjourned to the Joint City
Council/CDC Workshop Meeting, December 15, 1988 at 2:00 p.m. Carried by unanimous
vote.
The meeting closed at 12:55 am.
4„,,t- 0,,,, 3
CITY CLEJE F K
The foregoing minutes we approved at the regular meeting of December 20, 1988.
CITY OF NATIONAL CITY. CA
ALL CITY COUNCIL MEETINGS ARE TAPE RECORDED. YOU MAY LISTEN
TO THE TAPES IN THE CITY CLERK'S OFFICE OR THE NATIONAL CITY
PUBLIC LIBRARY. COPIES OF THE TAPES MAY BE PURCHASED FROM
THE CITY CLERK.