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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.