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.
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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.
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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.
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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.