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HomeMy WebLinkAbout1987 02-17 CC MINBook 68/Page R48 2/17/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 17, 1987 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, Pruitt, VanDeventer, Waters. Absent: Dalla. Administrative officials present: Bolint, Campbell, Eiser, Mc Cabe, Post, Stafford. 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. Roger Ratcliffe, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Cooper, the minutes of the regular meeting of January 13, 1987, the special meeting of January 15, 1987, the regular meetings of January 20, January 27, and February 3, 1987, the adjourned m eeting of February 3, 1987 held on February 9, 1987 and the regular m eeting of February 10, 1987 be held over one more week. Mayor Waters said if there was no objection, they would be held over. There was no objection. PROCLAMATION Moved by VanDeventer, seconded by Pruitt, the Proclamation be read by title only. Carried by unanimous vote. Absent: Dalla. The Proclamation declaring Monday, February 23, 1987 as "NAVAL STATION, SAN DIEGO DAY" was read aloud, in full, by Mayor Waters. Moved by Van Deventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. Absent: Dalla. Mayor Waters presented the Proclamation to Captain Ewing of the Naval Station. Councilman Van Deventer spoke of the cooperation between the Navy and the City of National City. Vice Mayor Cooper thanked the Navy for the good things and good people they have brought to the City, saying we appreciate those things. Councilman Pruitt said the Navy brought him here in 1962 and now his son and daughter are both in the Navy. PUBLIC ORAL COMMUNICATIONS JUDY SIROIS BOSS, 1311 "O" Ave., was present and said she was unable to attend the Council meeting two weeks ago when her centennial mural was discussed; she would like to see it on the agenda next week, and she will present some new ideas she has come up with; she would like to hear any ideas from citizens or members of the Council. Mrs. Boss was advised that Council will consider staffs report and recommendation on this matter. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,211 through 15,216) Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Absent: Dalla. City Attorney Eiser requested that No. 1 be held over for one week. Moved by Cooper, seconded by VanDeventer, the Consent Resolutions (except No. 1) be adopted. Carried by unanimous vote. Absent: Dalla. CONTRACT — COMMUNITY DEVELOPMENT — HIGHWAY/FREEWAY 1. Resolution No. 15,211, "A Resolution authorizing the Mayor to execute a Memorandum Of Understanding between the City of National City and the Redevelopment Agency of the City of San Diego." (Route 252) Held over for one week. See above. CONTRACT — STREET IMPROVEMENTS/EUCLID AVE 2. Resolution No. 15,212, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING B.S.I. CONSULTANTS, INC. TO BE THE MOST RESPONSIBLE PROPOSAL AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH B.S.I. CONSULTANTS, INC." (Euclid Ave. right—of—way, 16th to 20th Streets) Adopted. See above. Book 68/Page R49 2/17/87 ASSESSMENT DISTRICT 227 3. Resolution No. 15,213, "A RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT NO. 227 ('I' AVENUE — 24TH TO 26TH — WATER IMPROVEMENTS)." Adopted. See above. ASSESSMENT DISTRICT 227 4. Resolution No. 15,214, "A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS OF ASSESSMENT DISTRICT NO. 227 (WATER IMPROVEMENTS — '1' AVENUE — 24TH TO 26TH STREETS)." Adopted. See above. ASSESSMENT DISTRICT 2.27 5. Resolution No. 15,215, "A PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." (Water improvements — '1' Ave., 24th to 26th Streets) Adopted. See above. ASSESSMENT DISTRICT 227 6. Resolution No. 15,216, "A RESOLUTION APPROVING REPORT AND FIXING HEARING DATE." (Water improvements — '1' Ave., 24th to 26th Streets) Adopted. See above. ORDINANCES FOR INTRODUCTION Moved by Van Deventer, seconded by Cooper, the Ordinances be presented by title only. Carried by unanimous vote. Absent: Dalla. MUNI CODE — PARKING/TRAFFIC 7. "An Ordinance adding Section 11.32.400 to Title 12 of the National City Municipal Code, establishing parking violation penalties and fixing the time and place for appearance to answer the Notice of Parking Violation." ORDINANCES FOR ADOPTION ZONE — GENERAL PLAN 8. Ordinance No. 1901, "AN ORDINANCE REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (GP-4-86/ZC-6-86 AND GP-5-86/ZC-7-86." (20th St., west of 'N' Ave.; west side of 'N' Ave., 135' to 300' north of Roselawn; property south of the trolley station, west of Wilson Ave., north of 24th St. and east of 1-5 and the trolley tracks; property west of 1-5, south of 24th St., north of Paradise Marsh and east of the SD&AE railroad right—of—way) Moved by VanDeventer, seconded by Cooper, Ordinance No. 1901 be adopted. Carried by unanimous vote. Absent: Daila. MUNI CODE — PURCHASING 9. "An Ordinance of' the City of National City amending Ordinance No. 1480 and Sections 2.60.110, 2.60.210 and 2.60.230 of the National City Municipal Code (regarding purchasing procedure)." Moved by VanDeventer, seconded by Pruitt, this be held over one week. Carried by unanimous vote. Absent: Dalla. NEW BUSINESS FINANCE MGMT — CONFLICT OF INTEREST 10. SUBJECT: WARRANT REGISTER NO. 32, dated February 10, 1987, Ratification of Demands in the amount of ;465,473.91 (Warrants Nos. 95275 through 95501 [voided 95278 through 95400 j), and CERTIFICATION of PAYROLL for the period ending January 26, 1987, in the amount of $321,054.27. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the bills be ratified and the payroll certified. CONFLICT OF INTEREST: Councilman VanDeventer said he would abstain on Warrant No. 95462. ACTION: Warrants (except No. 95462) ratified by the following vote, to — wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: None. Absent: Dalla. Warrant No. 95462 ratified by the following vote, to —wit: Ayes: Cooper, Pruitt, Waters. Nays: None. Abstaining: Van Deventer. Absent: Dalla. Payroll certified by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: None. Absent: Dalla. Book 68/Page R50 2/17/87 CLAIMS 11. SUBJECT: The Claim for Damages of Pamela Y. Netinho. RECOMMENDATION: Staff recommends this claim be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Dalla. PERMITS AND LICENSES 12. SUBJECT: Person Transfer of Type 41, on —sale beer and wine type license, authorizing the sale of beer and wine for consumption on a bona fide public place type premises, plus the sale of beer and wine for consumption off the premises where sold; applicant: Lien Thi Hong and Tai Thanh Le, 1528 Sweetwater Rd., Suites E & F. RECOM MENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. Absent: Dalla. PERMITS AND LICENSES 13. SUBJECT: Person Transfer of Type 47, on —sale general eating place, authorizing the sale of beer, wine and distilled spirits for consumption on a bona fide public eating place type premises, plus the sale of beer and wine only for consumption off the premises where sold; applicant: Venture Bowl, Inc., 1201 Plaza Blvd. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. A CTION: Moved by Cooper, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. Absent: Dalla. PERMITS AND LICENSES — CONFLICT OF INTEREST 14. SUBJECT: Person Transfer of Type 20, off —sale beer and wine type license, authorizing the sale of beer and wine for consumption off the premises where sold; applicant: Giang T. K. Nguyen & Michael Q. Tran, 1245—B Highland Ave. RECOM MENDATION: The Police Dept. recom mends this license be protested for the following reasons: The previous business originally specialized in the sale of nuts or other special food items; applicant for subject transfer does not intend to continue such specialized retail and therefore, will most likely depend much more on the sale of beer and wine; the business was cited for selling beer to minors, and the violation will be reported to ABC (NCPD crime case No. 87 Z 1029); there is no need for a convenience store at subject location; the Planning and Building Departments concur with the Police Department's comments. ACTION: Moved by VanDeventer, seconded by Cooper, this license be protested. CONFLICT OF INTEREST: Mayor Waters said he would abstain because his business is near this location. ACTION: Motion carried by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer. Nays: None. Abstaining: Waters. Absent: Dalla. WRITTEN COMMUNICATIONS BUDGET FY86-87 15. SUBJECT: Request for donation of $250 from the Fraternal Order of Eagles to help raise money for the Heart Fund. RECOMMENDATION: None. A CTION: Moved by Waters, seconded by Cooper, we donate $250. Carried by unanimous vote. Absent: Dalla. BUDGET FY86-87 16. SUBJECT: Request for Donation of $238 from The California Veteran for advertising space in the next edition of the CALIFORNIA VETERAN. RECOMMENDATION: None. ACTION: Moved by Van Deventer, seconded by Cooper, this request be denied because we have already made a donation to this organization this year. Carried by unanimous vote. Absent: Dalla. Book 68/Page R51 2/17/87 OTHER BUSINESS SOLID WASTE MANAGEMENT 17. SUBJECT: The Planning Director's report on Mandatory Trash Enclosure Ordinance (outlining the progress made in achieving compliance and future enforcement needs). RECOMMENDATION: Staff recommends the report be considered and filed. ACTION: Ordered filed by unanimous vote. Absent: Dalla. FINANCE MGMT 18. SUBJECT: Th e Finance Director's Cash and Investment Reports as of January 31, 1987. RECOMMENDATION: Staff recommends the reports be accepted and filed. ACTION: Moved by Cooper, seconded by VanDeventer, the reports be accepted and filed. Carried by unanimous vote. Absent: Dalla. ASSESSMENT DISTRICT 227 19/ SUB JE CT: The City Engineer's report on Project District No. 227, "I° Ave., 24th to 26th Streets, water improvement. RECOMMENDATION: Staff recommends the report be accepted. ACTION: Moved by VanDeventer, seconded by Cooper, the report be accepted and filed. Carried by unanimous vote. Absent: Dalla. STREET IMPROVEMENTS/EUCLID AVE — CONFLICT OF INTEREST 20. SUBJECT: The City Engineer's report on change of funding and schedule for project 334-6043, Euclid Ave. construction from 16th to 20th Streets. RECOMMENDATION: Staff recommends the report be received and filed. ACTION: Moved by Cooper, seconded by VanDeventer, this be accepted and filed, and the City Engineer come back before budget time with an alternative plan so this can be done in FY87-88 instead of FY88-89. CONFLICT OF INTEREST: Councilman Pruitt said he would abstain because his property directly abuts this property. ACTION: Motion carried by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters. Nays: None. Abstaining: Pruitt. Absent: Dalla. COMMUNITY PROMOTION 21. SUBJECT: The Parks & Recreation Director's report on the Centennial Mural of Mrs. J udy Boss. RECOM MENDATION: Staff recommends this be held over one week. Park & Recreation Director Ruiz said he would try to arrange a meeting with Mrs. Boss and CAL members in time to submit a report for the 2/24/87 Council agenda. ACTION: Moved by VanDeventer, seconded by Pruitt, this be held over one week. Carried by unanimous vote. Absent: Dalla. PUBLIC REQUEST 22. SUB J E CT: The Parks & Recreation Director's report on Mr. Juan Escopier's request for help for the Super Marathon. RECOMMENDATION: Due to the uncertainty of this event, staff recommends we wait until Mr. Escopier has developed his plans further before any firm commitment is made; arranging the ceremony can be handled much the same as was done for the Torch; it is recommended that this report be received and filed. ACTION: Moved by Cooper, seconded by VanDeventer, this be held over until we have more information per the Park & Recreation Director's recommendation. Carried by unanimous vote. Absent: Dalla. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR 23. SUBJECT: Letter fro m the Maytim e Band Review Com mittee regarding ice cream vendors and lunch trucks (requesting a designated perimeter of the parade route be closed to ice cream and food vendors during the Maytim e Band Review, and that ice cream and food vendors who have City Business Licenses be notified of this action). Book 68/Page R52 2/17/87 RECOMMENDATION: None. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of this request, any vehicles not affiliated with the Maytime Band Review be restricted from the area and we notify those vendors who have Business Licenses of this action. Carried by unanimous vote. Absent: Dalla. 24. SUBJECT: Letter from the National City Chamber of Commerce requesting the Chamber be granted the use of 32nd St. at Tidelands Ave. for use as the trash drop—off and loading site for their annual Spring City —Wide Clean —Up on Saturday, April 25, 1987. RECOMMENDATION: None. A CTION: Moved by Cooper, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. Absent: Dalla. CLAIMS/LITIGATION Mayor Waters congratulated City Attorney Eiser for the job he is doing with our lawsuits; he settled the suit with the Westerner for $1 million Tess than Mr. Dodds was asking; the previous owner of the golf course was asking $3 million and the jury awarded $200,000. City Attorney Eiser said the golf course suit was handled by Anton Gerschler of Hollywood and Neil; he would like to have seen a judgment for no settlement, but in view of the fact that a $3 million demand was made, the $200,000 verdict was not bad; this amount was picked up by the insurance carrier less the deductible. HIGHWAY/FREEWAY Mayor Waters said he received notice that the bid opening for highway planning (805 landscaping) from Rte. 54 in Chula Vista, the 22nd St. pedestrian over —crossing in National City will be held on March 26. Councilman VanDeventer said the City and the Navy are also working on 8th St. and along Pacific Highway. CITY COUNCIL Councilman VanDeventer said he received a letter from Mr. & Mrs. Koons regarding the Paradise Marsh; he would like staff to write a letter for the Mayor and Council's signatures explaining that we cannot build in that area. Councilman VanDeventer said Council received a letter from Supervisor Bilbray regarding criminal justice fines, proposing to increase the parking fine from $1.50 to $5.00, and inquired if that would be in addition to what we are charging right now. Finance Director Caloza said he has not seen the proposal. Mr. VanDeventer said he would like Mr. Caloza to look at it and have it put on a future agenda. EXECUTIVE SESSION/PERSONNEL Moved by VanDeventer, seconded by Cooper, in favor of an Executive Session re personnel. Carried by unanimous vote. Absent: Dalla. Council went into closed session at 4:58 p.m. Council reconvened at 5:25 p.m. ROLL CALL Council members present: Cooper, Pruitt, VanDeventer, Waters. Absent: Dalla. ADJOURNMENT Moved by Cooper, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., February 24, 1987. Carried by unanimous vote. Absent: Dalla. The meeting closed at 5:26p.m. CC: e CITY CLER The foregoing minutes were approved at the /regular meeting of Corrections ✓ No corrections IL z io 1987. CITY OF NATIONAL CITY, CALIFORNIA