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HomeMy WebLinkAbout1987 03-17 CC MINBook 68/Page 79 3/17/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 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, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Administrative officials present: Bolint, Eiser, McCabe, Deputy City Clerk Monday, 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. Wayne Rowland, First Congregational Church. COMMUNITY PROMOTION — CENTENNIAL Mayor Waters read a brief history of National City, outlining the settlement of the City by the ire fa ily in 1868. i(> >n 3 A Li_ COMMUNITY PROMOTION — CENTENNIAL Mayor Waters reported he planted the first of 100 centennial trees today. MAYOR'S PRESENTATIONS Mayor Waters presented a Certificate to Dorothy Simpson who was honored by the Greater San Diego Industrial Educational Council as Outstanding Educator of the year. FIRE PROTECTION Fire Chief Kimble reported that he just learned today that the National City Fire Dept. received a grade of three, something we have been trying to achieve for a number of years. MAYOR'S PRESENTATIONS COMMUNITY PROMOTION — CENTENNIAL — FIRE PROTECTION Mayor Waters and Fire Chief Kimble presented Certificates of Appreciation to the following for their efforts toward the restoration of the antique fire truck: Dan & Karen Greenwald, Greenwalds Autobody, donated the cost of labor and materials for preparation and painting; Raul, Raymundo & Daniel Molina, for their hundreds of hours in preparation and painting of the truck; Henry Arroyo, Arroyo Brothers Auto Upholstery, donated the labor and materials to reupholster the truck seat in leather; the Reyes family, Southbay Chrome Plating of Chula Vista, donated $750 of chrome plating; the N. C. Firefighters Assoc., Local #2744, for donating $1,000 and hours of labor toward the restoration. Phil Ewert, President, National City Firefighters, recognized Randy James, Ron Williams, Chuck LaFave & Skip Holloway, for the organizing and the majority of the work on the restoration. George Webster, National City Chamber of Commerce, was present and introduced the new Miss National City, Stephanie Otay. COMMUNITY PROMOTION — CENTENNIAL Mayor Waters called a 20—minute recess at 4:18 p.m. (Centennial costume photo opportunity in the parking lot) Council reconvened at 4:41 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. APPROVAL OF MINUTES Moved by Cooper, seconded by VanDeventer, 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 meeting of February 3, 1987 held on February 9, 1987, and the regular meetings of February 10, February 17, February 24, March 3 and March 10, 1987 be held over. Mayor Waters said if there was no objection they would be held over. There was no objection. Book 68/Page 80 3/17/87 PROCLAMATION Moved by VanDeventer, seconded by Cooper, the Proclamation be read by title only. Carried by unanimous vote. The Proclamation declaring the year of 1987 to be "THE YEAR OF THE READER" was read aloud in full by Mayor Waters. Moved by VanDeventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. The Mayor presented the Proclamation to Jose Cruz. PUBLIC ORAL COMMUNICATIONS STREET MILTON OGDEN, 903 E. 28th St., was present and spoke of the inadequate street cleaning in the area of Sweetwater High, saying the Public Works Director advised him that street sweeper gets off work at 2:00 p.m. and the students do not get out of school until 2:30; perhaps the streets could be swept in the morning or signs could be put up. Mr. Ogden presented a petition signed by area residents requesting that this problem be remedied. Mr. Ogden was advised that this would be discussed with the City Manager. SOLID WASTE MANAGEMENT Mr. Ogden continued, the students at the high school throw bottles, cans and papers in the street, yards, etc. Mr. Ogden was advised that signs will be placed around the City advising people that there will be a fine for littering. PARKING/TRAFFIC Mr. Ogden spoke of the small shopping center at the NW corner of 28th St. & "I" Ave., saying the employees park on the street; the people who live in the area are unable to park on the street, and they do not have sufficient off—street parking. Mr. Ogden was advised that staff would check this out and work with the property owners and try to come up with a solution. HARBOR JOHN ALVA, 17 S. Kenton, was present and said people who live on their boats are being moved off the pier area; he would encourage Council to contact the Port Commission, and try to keep them out of our bay area; we don't need the problems they are having in Imperial Beach. PUBLIC HEARINGS COMMUNITY DEVELOPMENT — BLOCK GRANT PROGRAM 1. SUBJECT: Public Hearing in connection with an Application to the U. S. Dept. of Housing & Urban Development (HUD) for a loan of future Community Development Block Grant Program Funds in the amount of ;700,000. RECOMMENDATION: The Community Development Commission Board recommended approval; the Committee for Housing & Community Development recommended approval; Executive Director, Community Development Commission recommends approval. TESTIMONY: None. ACTION: Moved by Cooper, seconded by VanDeventer, the public hearing be closed, and we move in favor of this loan. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,239 through 15,247) Moved by Van Deventer, seconded by Dalla, the Resolutions be presented by title only. I Carried by unanimous vote. Moved by Dalla, seconded by Cooper, the Consent Resolutions be adopted. Carried by unanimous vote. BUDGET FY86-87 2. Resolution No. 15,239, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR REFABRICATION OF ZOO CAGES." Adopted. See above. PLANNED DEVELOPMENT PERMIT 3. Resolution No. 15,240, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT APPLICATION TO MOVE TWO SINGLE—FAMILY DWELLINGS ONTO A LOT WITH ONE EXISTING SINGLE—FAMILY DWELLING LOCATED AT 315 NORTON AVENUE (APPLICANT: RONALD M. FEENSTRA, AIA; CASE FILE NO. P D-10-86)." Adopted. See above. Book 68/Page 81 3/17/87 DEED — FLOOD CONTROL 4. Resolution No. 15,241, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A DRAINAGE EASEMENT FROM BONITA VALLEY PARTNERS (SUBDIVISION MAP NO. 11580)." Adopted. See above. COMMUNITY DEVELOPMENT — BLOCK GRANT PROGRAM 5. Resolution No. 15,242, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING AND APPROVING AN APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A LOAN OF FUTURE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $700,000." Adopted. See above. ASSESSMENT DISTRICT 232 6. Resolution No. 15,243, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING PLANS AND SPECIFICATIONS — ASSESSMENT DISTRICT NUMBER 232, ALLEY NO. 103 — 22ND STREET, 'K' TO 'L' AVENUES." Adopted. See above. ASSESSMENT DISTRICT 232 7. Resolution No. 15,244, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE PLAT FOR ASSESSMENT DISTRICT NUMBER 232, ALLEY NO. 103 — 22ND TO 23RD STREETS, 'K' TO 'L' AVENUES." Adopted. See above. ASSESSMENT DISTRICT 230 8. Resolution No. 15,245, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING PLANS AND SPECIFICATIONS — ASSESSMENT DISTRICT NUMBER 230, ALLEY NO. 101, 106 AND A PORTION OF 23RD STREET EAST OF 'I' AVENUE." Adopted. See above. ASSESSMENT DISTRICT 230 9. Resolution No. 15,246, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE PLAT FOR ASSESSMENT DISTRICT NUMBER 230 — ALLEY NO. 101, 106 AND PORTION OF 23RD STREET EAST OF 'I' AVENUE." Adopted. See above. GENERAL PLAN 10. Resolution No. 15,247, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE GENERAL PLAN (CASE FILE NOS. GP-6-86/ZC-8-86 AND GP-7-86/ZC-9-86)." Adopted. See above. ADOPTION OF RESOLUTIONS (Not part of the Consent Resolutions) BUDGET FY86-87 — SOLID WASTE MANAGEMENT 11. Resolution No. 15,248, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR PURCHASE OF ANTI —LITTER SIGNS AND LITTER RECEPTACLES." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,248 be adopted. (Council voted on the various slogans to determine which should be used on the signs. The highest number of votes received was two for "Help Keep Our City Clean." Consensus was to adopt this slogan by motion.) Moved by Cooper, seconded by VanDeventer, amend it (the motion) that "Help Keep Our City Clean" be number one. Motion and amendment carried by unanimous vote. ORDINANCES FOR INTRODUCTION Moved by Dalla, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. MUNI CODE 12. "Ordinance of the City of National City repealing Ordinance No. 1881, and adding Chapter 9.06 to the National City Municipal Code pertaining to food vending vehicles." Moved by VanDeventer, seconded by Pruitt, on page 2, Item A at the bottom, be deleted "elementary". Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by Dalla, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. Book 68/Page 82 3/17/87 MUNI CODE — SCHOOL 13. "An Ordinance of the City Council of the City of National City amending Chapter 4.34 of the National City Municipal Code relating to developer fees to provide school facilities." Moved by VanDeventer, seconded by Pruitt, the Ordinance be adopted. De Wayne D. Arum, Asst. Supt., National School Dist. was present, answered Council's questions and said there is a possibility existing state legislation in this regard will be repealed. Moved by Dalla, seconded by Cooper, this Ordinance be deferred for six months. Carried by unanimous vote. Mayor Waters said he would like to assign Mr. VanDeventer and Mr. Cooper to make up a resolution to notify our elected officials and try and have it back in a couple weeks. NEW BUSINESS FINANCE MGMT 14. SUBJECT: WARRANT REGISTER NO. 36, dated March 10, 1987, Ratification of Demands in the amount of ;469,657.55 (Warrants Nos. 95726 through 95835), and CERTIFICATION of PAYROLL for the period ending February 23, 1987, in the amount of $317,434.09. RECOM MENDATION: Staff recom mends the warrants be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the bills be ratified and the payroll certified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. CLAIMS/LITIGATION 15. SUBJECT: The Claims for Damages of Phirom Souvannasak; Debra Valdez & Jorge Lara, Jr.; and Eddie Garcia. RECOM MENDATION: Staff recom mends these claims be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, these claims be denied and referred to the City Attorney. Carried by unanimous vote. PERMITS AND LICENSES 16. SUB J E CT: Person Transfer of Type 20, off —sale beer and wine license, authorizing the sale of beer and wine for consumption off the premises where sold; applicant: Said Y. Sipo and Ariz A. Zora, dba George's Market, 2540 E. 18th St. RECOMMENDATION: Planning and Building Departments state no grounds for objection; the Police Dept. states that inspection of the premises found drug paraphernalia (water pipes and bongs) prominently displayed behind the service counter; the department recommends the City object to the transfer until such time as the applicant agrees not to continue such practices. ACTION: Moved by Delia, seconded by Cooper, we protest this license as recommended by the Police Dept. until such time as the applicant agrees to discontinue the practice of displaying for sale the objectionable drug paraphernalia. Carried by unanimous vote. PERMITS AND LICENSES 17. SUBJECT: Stock Transfer of Type 41, on —sale beer and wine license, authorizing the sale of beer and wine for consumption on a bona fide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold; applicant: Straw Hat Restaurants, Inc., D. J. McClure, Pres./Treas., Edward C. Johnson, V.P./Sec., 1838 Sweetwater Rd. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of this transfer. Carried by unanimous vote. PERMITS AND LICENSES 18. SUBJECT: Type 41, on —sale beer and wine license, authorizing the sale of beer and wine for consumption on a bona fide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold; applicant: Danny R. and Delia V. Ramos, dba Danny & Dells Fine Cuisine, 933 5. Harbison Ave. Book 68/Page 83 3/17/87 1 RECOMMENDATION: Planning and Building Departments state no grounds for objection; the Police Dept. states that applicant is requesting permission to have a single entertainer performing musical work; an inspection of the premises leads them to believe this business is in violation because it appears that food is being served incidental to the sale of beer; the applicant actually wants to change the type of license from Type 41 to Type 42; the department would protest a change in type of license; the Police Dept. recom mends the licensee allow examination of his business records by the City or ABC in order to prove or disprove these beliefs. ACTION: Moved by VanDeventer, seconded by Pruitt, this be denied based on the Police Department's report. Moved by Cooper, seconded by VanDeventer, the motion be amended and we have the City Attorney contact ABC and see if there is any way we can get in to monitor their books. Moved by Cooper, seconded by VanDeventer, the motion be amended and the City ask or demand that the people show us their books to see what the ratio is between food and alcohol. Motion and amendments carried by unanimous vote. OTHER BUSINESS TAXES — BUSINESS LICENSE 19. SUBJECT: The Business License Inspector's report on taxes paid by vending vehicles in relation to like businesses with a fixed location within the City. RECOMMENDATION: Staff recommends that the City use the existing rate ($75 per vehicle) for licensing mobile food vending vehicles in calendar year 1987; for subsequent years, if Council desires to establish a new tax schedule using any of the bases outlined in Option 2 of the report (a. average total taxes paid by eating places — $2,750 per vehicle; b. average total taxes paid by misc. food retailers — $800 per vehicle; c. average total taxes paid by retail businesses — $1,600 per vehicle; d. any other base which Council may deem equitable), direct staff to prepare the necessary paperwork to submit the proposal before the local voters at a special election or on the next election in November, 1987. ACTION: Moved by VanDeventer, seconded by Cooper, I will support the recommendation of coming back with a new business license in the form of equal to a fixed business in the City of National City under the options submitted, where it is spelled out the average eating place in National City justifies $2,750, where if you use the vendors that we're getting right now, we're getting $75; we need to bring that in line with the new license into a form; at that tim e we will separate the good ones from the ones that are just taking up space and that we're having problems with. Moved by Cooper, seconded by VanDeventer, we hold over the discussion of food trucks and establishment of fees for two weeks. Carried by unanimous vote. Moved by Dalla, seconded by Cooper, we adopt staff's recommendation and enforce the existing rate of $75 per vehicle for a license for the mobile food vending vehicles in calendar year 1987. Carried by unanimous vote. ASSESSMENT DISTRICT 232 20. SUBJECT: Report of Engineers on feasibility of petition, Alley 103, 22nd to 23rd Streets, between "K" and "L" Avenues, District No. 232. RECOMMENDATION: Staff recommends that Council accept the Certificate of the Engineers and direct the project to proceed. ACTION: Moved by Pruitt, seconded by VanDeventer, we accept staff's Certification of the Engineers and direct the project to proceed. Carried by unanimous vote. COMMUNITY PROMOTION — CENTENNIAL — INSURANCE 21. SUBJECT: The Purchasing Agent's status report regarding liability insurance coverage for centennial events. RECOM MENDATION: Staff recom mends that Council provide direction regarding concerns expressed in status report and recommendations noted in sum mary. Purchasing Agent Regalado said he would recom mend that Council direct him to meet with the Risk Management Committee and review the Centennial events and categorize them in three groups: 1. No City involvement —advise the committee that the City is not providing coverage; 2. Groups or participants provide the City with proof Book 68/Page 84 3/17/87 of insurance; 3. There is City involvement and the City may want to provide the coverage. ACTION: Moved by Cooper, seconded by VanDeventer, we give the Risk Manager direction to call a meeting of the Risk Management Com mittee and go through the events and pick out the ones we feel like we have exposure on, and to seek out some insurance for those, and see if he can get some insurance for the Centennial Committee, and come back with a report and costs in two weeks. Carried by unanimous vote. Moved by Dalla, until we have insurance, it is appropriate, in order to protect the citizens other than the Centennial Committee, we make it clear to the people involved in the Centennial Committee, and let them know formally in writing, that the City does not have at this time, until further notice, any liability coverage for those events, and we have not yet assumed any liability for Centennial events. Motion died for lack of second. Moved by VanDeventer, seconded by Cooper, we inform the Committee members that at present we do not, but we are doing everything we can to have insurance for each event as it comes up, and send a letter to the com mittee meeting next Tuesday. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Waters said he does not appreciate Chula Vista sending their call girls over to National City. BUDGET FY86-87 22. SUBJECT: Letter from Patrick DeGuire requesting financial support in connection with the Nacel Cultural Exchange Program. RECOMMENDATION: None. TESTIMONY: Patrick DeGuire was present and outlined the program. ACTION: Moved by Pruitt, seconded by VanDeventer, we donate $250. Carried by unanimous vote. COMMUNITY PROMOTION — CENTENNIAL 23. SUBJECT: City Council attendance at Centennial Celebration on March 21, 1987. RECOM MENDATION: Moved by Waters, seconded by Cooper, the City pay Councilmembers' fees for Centennial celebrations, but if they take their wives, they must pay for that themselves, and each member of the City Council can choose whether they want to go to any one of them. Moved by Dalla, the motion be amended and the City pay half of the costs and the individual Council members pay half. Died for lack of second. Motion carried by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. CITY COUNCIL LIBRARY Councilman VanDeventer spoke of the library offices, saying they need to be repainted; he has been told that the Library Board has offered to do the painting but were advised by staff they could not because of insurance reasons. Public Works Director Williams said he could submit it as a budget item for contractual painting. CLAIMS/LITIGATION 24. SUBJECT: Discussion of establishing a policy for initiating counter lawsuits in response to frivolous and costly lawsuits filed against the City and its employees. RECOMMENDATION: None. ACTION: Moved by Cooper, seconded by VanDeventer, the City Attorney and the Police Chief get together and come up with some kind of policy and bring it back to the City Council for action. Carried by unanimous vote. Book 68/Page 85 3/17/87 ADJOURNMENT Moved by Van Deventer, seconded by Cooper, the meeting be adjourned to 7:00 p.m., March 24, 1987. Carried by unanimous vote. The meeting closed at 6:52 p.m. C r.,?.. 2 j .M CITY CLERK/ The foregoing minutes were approved at the regular meeting of April 7, 1987. Corrections / No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA