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HomeMy WebLinkAbout1987 05-19 CC MINBook 68/Page 143 5/19/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 19, 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, 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 Mc Cabe, followed with invocation by Councilman Dalla. APPROVAL OF MINUTES Moved by Dalla, seconded by VanDeventer, the minutes of the regular meetings of (R)January 13, May 12 and the special meeting of March 13, 1987 be approved. Carried by unanimous vote. COUNCIL REGS — MINUTES Council man Dalla advised the City Clerk that Council wanted Public Oral Communications to have no more than the name and address of the individual speaking and the topic, no details. APPOINTMENTS — BDS/COMMS Vice Mayor Cooper presided over the appointments to Planning Commission and Civil Service Com mission. PLANNING COMMISSION: Ballots were distributed, voted and returned to the City Clerk to be tallied: 5 votes for Zarate, 0 for all others. CIVIL SERVICE COMMISSION: Ballots were distributed, voted and returned to the City Clerk to be tallied: 3 votes for Stein, 2 votes for Aguillar, 0 for all others. ACTION: Moved by Van Deventer, seconded by Dalla, Rosalie Zarate be appointed to the Planning Commission and M. Christine Stein be appointed to the Civil Service Commission. Carried by unanimous vote. PRESENTATIONS EMPLOYEE RELATIONS Presentation of a 20—year pin was to have been made to retired employee, Manuel D. Portillo, by Mayor Waters. Mr. Portillo was not present. FIRE PROTECTION — COMMUNITY RELATIONS N. C. Firefighters' Association presented the premier of their Public Education Program, a twenty minute color slide/sound show. PUBLIC ORAL COMMUNICATIONS COMMUNITY PROMOTION — CENTENNIAL George Webster, Exec. V. P., N. C. Chamber of Commerce, invited all to the Centennial Pageant and reported on the Historic Tour. CITY FACILITIES — CIVIC CENTER City Engineer Stafford reported on the revised schedule for the roof. ADOPTION OF RESOLUTIONS Consent Resolutions — Resolutions 15,299 through 15,305 (Agenda Item Nos. 1 through 7): ACTION: Moved by Van Deventer, seconded by Dalla, the consent Resolutions with the exception of 1, 2 and 4 be adopted. Carried by unanimous vote. Book 68/Page 144 5/19/87 SUBDIVISION — DEEDS 3. Resolution No. 15,301, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION BY THE MAYOR AND ATTESTATION BY THE CITY CLERK OF FOUR QUITCLAIM DEEDS TO ROBERT L. CHILDERS, INC. (Harbison Village Subdivision)." Adopted. See above. TRANSPORTATION — CONTRACT 5. Resolution No. 15,303, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF CONTRACT EXTENSION WITH MC DONALD TRANSIT ASSOCIATES, INC. TO PROVIDE PUBLIC TRANSPORTATION WITHIN THE CITY OF NATIONAL CITY (National City Transit)." Adopted. See above. ZONE VARIANCE — SUBDIVISION — SHOPPING CENTER 6. Resolution No. 15,304, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE VARIANCE APPLICATION TO ALLOW A TEN FOOT WIDE SETBACK ADJACENT TO A 'PAPER STREET' HAVING ONLY A PORTION OF ITS REQUIRED WIDTH DEDICATED, IN CONJUNCTION WITH DEVELOPMENT OF A PROPOSED 11,604 SQUARE FOOT NEIGHBORHOOD COMMERCIAL SHOPPING CENTER AT 1545 HARBISON Avenue (Z-1-87)." Adopted. See above. PLANNED DEVELOPMENT — SUBDIVISION — SHOPPING CENTER 7. Resolution No. 15,305, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APROVING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR AN 11,604 SQUARE FOOT SHOPPING CENTER AT 1545 HARBISON AVENUE (PD-2-87)." Adopted. See above. COMMUNITY PROMOTION — POLITICAL SUPPORT 1. Resolution No. 15,299, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE DEFENSE OF AMERICA'S CUP." Discussion of ramifications and fact that Councilman Pruitt is member of America's Cup Committee. Moved by Cooper, seconded by VanDeventer, Resolution No. 15,299 be adopted. Carried by unanimous vote. CONTRACT — CONFLICT OF INTEREST — SIDEWALKS/GUTTERS/CURBS 2. Resolution No. 15,300, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1 FOR THE REMOVAL AND REPLACEMENT OF SIDEWALK, CURB AND GUTTER AND INSTALLATION OF PEDESTRIAN RAMPS AT VARIOUS LOCATIONS IN NATIONAL CITY (Engr. Spec. No. 1003)." CONFLICT OF INTEREST: In answer to Council questions, City Attorney Eiser advised that if this resolution had no more effect on a Councilman's property than other properties, there was no conflict. ACTION: Moved by VanDeventer, seconded by Dalla, Resolution No. 15,300 be adopted. Carried by unanimous vote. BUDGET TRANSFER '87 — TRAFFIC SIGNAL — AREA PLANNING 4. Resolution No. 15,302, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE SIGNAL/BONITA ROAD AND I-805." Moved by VanDeventer, seconded by Pruitt, Resolution No. 15,302 be adopted and Council give consideration to an additional ;10,600 at budget time. Carried, by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: Cooper. ORDINANCE FOR INTRODUCTION MUNICIPAL CODE — PROPERTY ABATEMENT 8. Moved by VanDeventer, seconded by Dalla, the Ordinance be given its first reading by title only. Carried by unanimous vote. Ordinance No. , "An Ordinance of the City Council of the City of National City adding Chapter 15.50 to the National City Municipal Code, relating to nuisance abatement." ACTION: Moved by VanDeventer, seconded by Cooper, the ordinance be held over for two weeks for review and it be re —introduced. Moved by Dalla, Book 68/Page 145 5/19/87 seconded by Cooper, the motion be amended to include eliminating Sections F, I, L, M and R and it come back without those items. Amendment failed, by the following vote, to —wit: Ayes: Cooper, DaIla. Nays: Pruitt, Van Deventer, Waters. Motion carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. OLD BUSINESS ZONING — CONFLICT OF INTEREST 9. SUBJECT: The Planning Director's Report on LOT SIZE REQUIREMENTS for AUTOMOTIVE REPAIR USES in the Light Manufacturing Zone. RECOMMENDATION: The report be filed. CONFLICT OF INTEREST: Announcing they had a conflict of interest because of property ownership in the area, Vice Mayor Cooper and Councilman VanDeventer left their places and sat in the audience. TESTIMONY (after motion made and seconded but prior to vote): Marion Cooper, 1313 N Ave., protested. Jesse Van Deventer, 1706 Prospect, protested Richard Swear, attorney representing Beauchamp Enterprises, protested. Richard Plumleigh, La Jolla, protested. J effer Barayangy protested. ACTION: Moved by Pruitt, seconded by Dalla, to approve staff's recommendation to file. Carried, by the following vote, to —wit: Ayes: Dalla, Pruitt, Waters. Nays: None. Absent: Cooper, Van Deventer. Vice Mayor Cooper and Councilman VanDeventer returned to their places. FINANCE MANAGEMENT 10. SUBJECT: The Director of Building and Safety's Report on the request of Mrs. Grepo for refund of Plan Check Fees for a commercial center at 1414 East 8 Street. RECOMMENDATION: No refund or credit be granted for the following reasons: 1. Section 304(c) of Uniform Bldg Code states "when plans are incomplete or changed so as to require additional plan review, additional plan review fees shall be required;" 2. The new plans submitted are totally and completely different and will require all departm ents to perform plan review and require corrections if necessary; 3. Section 304(d) states: "no application shall be extended more than once, and in order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee;" 4. The City has paid Esgil Corp. to perform the major plan check part. Other city departments have expended time and effort in the plan check process; and 5. The applicants had an opportunity to extend their initial plan check fee for six months, however, they failed to exercise that option, and they were notified. ACTION: Moved by Cooper, seconded by VanDeventer, no refund or credit be granted. Carried by unanimous vote. NEW BUSINESS FINANCE MANAGEMENT 11. SUBJECT: Warrant Register No. 45, dated May 12, 1987, in the amount of $201,160.24, warrants 96485 through 96599. RECOMMENDATION: The Warrant Register be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the warrant register be ratified (with the exception of No. 96558—VanDeventer). Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Van Deventer (abstaining on No. 96558), Waters. Nays: None. Warrant No. 96558 ratified by the following vote: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. Book 68/Page 146 5/19/87 CLAIMS 12. SUBJECT: Claim for Damages of Rance Wilson. RECOMMENDATION: The Claim be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, the Claim be denied and referred to the City Attorney. Carried by unanimous vote. WRITTEN COMMUNICATION TEMPORARY USE PERMIT — BUDGET FY 86-87 13. SUBJECT: Request of National Multiple Sclerosis Society (San Diego Chapter) for TUP to allow Bike—athon participants to travel through City May 30-31, 1987, and waiver of fees. RECOMMENDATION: Approval subject to conditions of Police Department. ACTION: Moved by VanDeventer, seconded by Cooper, to approve subject to conditions of Police Department. Carried by unanimous vote. BUDGET FY 86-87 — RECREATION DEPT. 14. SUBJECT: Request of Ms. Patty Pearson, acrobatics, tap and baton teacher for N.C. Recreation Dept. (El Toyon), for $250 to help take some of the top students to the State—wide Competition at San Jose to represent National City. RECOMMENDATION: None. Ms. Pearson (440-0678) was present and invited Council to observe the children the evening of May 20. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of $250 donation. Carried by unanimous vote. OTHER BUSINESS FINANCIAL MANAGEMENT 15. SUBJECT: Finance Director's Cash and Investment Reports as of April 30, 1987. RECOMMENDATION: Accept and file. ACTION: Moved by Van Deventer, seconded by Cooper, the Reports be accepted and filed. Carried by unanimous vote. FINANCIAL MANAGEMENT — COMMUNITY DEVELOPMENT COMMISSION 16. Single (City and Community Development Commission) Audit Report (A RTHUR YOUNG) for the year ended June 30, 1986. RECOMMENDATION: Accept the report and direct corrective actions be implemented. ACTION: Moved by Dalla, seconded by Cooper, the report be accepted and the corrective actions implemented. (Additional action to be taken at Community Development Commission meeting.) Motion carried by unanimous vote. COMMUNITY PROMOTION — CENTENNIAL 17. SUBJECT: Joint Report (City Manager and Parks/Rec. Depts.) on possibility of a City Centennial Parade Float. RECOMMENDATION: Authorize a traditional parade of City service vehicles, rather than the creation of an expensive City parade float. ACTION: Moved by Waters, seconded by Cooper, Mr. VanDeventer be appointed to handle this. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No report. MAYOR Mayor Waters announced the American Legion and VFW would have memorial services at LaVista on May 25. Book 68/Page 147 5/19/87 COMMUNITY PROMOTION Mayor Waters reported that he and Vice Mayor Cooper met with the owner of the Alpha Beta property (Sam Dinenstein) and Mr. Childers regarding the matter of trucks being able to circulate behind Alpha Beta and Mr. Childers is positioning the fence between the properties so there will be almost 16 feet for the trucks to get through. Mayor Waters said Alpha Beta will be using the extra footage for many years and staff should advise the owners to obtain some agreement against liability. POLICE PROTECTION 18. Correspondence from N.C. Chief of Police Terry Hart responding to the Los Angeles Times article of April 9, 1987. Chief Hart was present and answered questions. (After appearance of the article, Chief Hart talked to some of the persons quoted (District Attorney and San Diego Deputy Chief Guaderrama) who deny having made most of the comments attributed to them.) Moved by Cooper, seconded by Pruitt, we ask our City Manager to write to the City Manager of San Diego asking Mr. Manny Guaderrama if he would make some public comment on this and we commend Chief Hart. Carried by unanimous vote. FINANCE MANAGEMENT — BUDGET FY 87-88 Mayor Waters suggested the Finance Committee meeting be rescheduled from May 25 to Wednesday, June 3 at 8:00 a.m. Moved by VanDeventer, seconded by Pruitt, the meeting of the Finance Committee be set for June 3rd. Carried by unanimous vote. CITY COUNCIL COUNCIL REGS — MEETINGS Councilman Dalla reported he and one other will not be present at the June 16 Council meeting and suggested there be an agenda item to determine if a meeting should be held that day. EXECUTIVE SESSION Moved by Cooper, seconded by VanDeventer, to move into closed session re pending litigation (Zuffoletto) Gov. Code 54956(A) and to meet with City Representatives under Gov. Code 54957.6. Carried by unanimous vote. Council went into closed session at 6:50 p.m. Council reconvened at 7:10 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. CENTENNIAL — COMMUNITY PROMOTION Roberta Smith, Centennial Committee, was present to request that Council purchase space (inside front cover) in the National City Centennial Book. Moved by VanDeventer, seconded by Pruitt, this be on the agenda next week. Carried by unanimous vote. Ms. Smith also announced the upcoming 40th Birthday of George's Wonderful World of Cakes featuring a strawberry pie eating contest . ADJOURNMENT Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 7:00 p.m.,Tuesday, May 26, 1987. Carried by unanimous vote. The meeting closed at 7:22 p.m. The foregoing minutes Corrections G� CI CITY LER were approved at the regular meeting of June 2, 1987. / No Corrections CITY OF NATIONAL CITY, CALIF.