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HomeMy WebLinkAbout1987 05-26 CC MINBook 68/Page 148 5/26/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 26, 1987 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: 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 the Reverend Al Young, First Christian Church. APPROVAL OF MINUTES The City Clerk reported the minutes of May 19, 1987 had not been distributed. Moved by Cooper, seconded by Pruitt, the revised minutes of the regular meetings of January 20 and 27, February 3, 10, 17 and 24, March 3 and 10, 1987 be approved. Carried by unanimous vote. MAYOR'S PRESENTATION Mayor Waters presented a twenty—year service pin to Manuel D. Portillo. PUBLIC ORAL COMMUNICATIONS MS. PATTY PEARSON, acrobatics, tap and baton teacher for N.C. Recreation Dept. (El Toyon) was present along with Salina Ochoa and Luisa Ruiz two of the students Council sponsored for the State—wide competition at San Jose over the weekend; Salina and Luisa won a state championship plus numerous first, second and third place awards. Councilman Pruitt said he had watched the girls perform on May 20 and was very impressed and predicted they will be in the Olympics. PUBLIC HEARINGS ZONING — MUNICIPAL CODE — ADULT ENTERTAINMENT 1. SUBJECT: PUBLIC HEARING on the proposed Amendment to Title 18 (Zoning) of the National City Municipal Code for the regulation of ADULT ENTERTAINMENT ESTABLISHMENTS. The City Clerk reported the Certificate of Publication was on file. RECOMMENDATION: Both Staff and Planning Commission recommend the amendment be approved. TESTIMONY: No one was present in this regard. ACTION: Moved by Pruitt, seconded by Cooper, in favor of Staff's recommendation and the public hearing be closed. Carried by unanimous vote. ZONING — MUNICIPAL CODE — FAST FOOD RESTAURANTS 2. SUBJECT: PUBLIC HEARING on the proposed Amendment (A-2-87) to Title 18 (Zoning) of the National City Municipal Code to allow expansion of existing FAST FOOD RESTAURANTS located within 300 feet of a residential zone subject to issuance of a Conditional Use Permit; applicant: Tarlos & Associates. The City Clerk reported the Certificate of Publication was on file. RECOMMENDATION: Staff concurs with Planning Commission approval and . recommendation. Planning Commission approved and recommended that the City Council approve amendment of Sec. 18.16.194 of the Municipal Code to require that only new fast food eating places shall be located a minimum of 300 feet from any residential zoned properties. TESTIMONY: ? , Costa Mesa, on behalf of Kentucky Fried Chicken, 3005 Highland Ave., spoke in favor. ACTION: Moved by Cooper, seconded by Pruitt, the public hearing be closed and in favor of this amendment as proposed by staff. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: VanDeventer. Book 68/Page 149 5 /26 /87 ADOPTION OF CONSENT RESOLUTIONS Consent Resolutions Nos. 15,306 through 15,313 (Agenda items 3 through 10). Moved by VanDeventer, seconded by Pruitt, the Consent Resolutions be adopted. Carried by unanimous vote. CONTRACT — FLOOD CONTROL —STREET — TRAFFIC SIGNAL 3. Resolution No. 15,306, "A RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (UNDERGROUNDING OF PARADISE CREEK ALONG 8TH STREET AND PARADISE VALLEY ROAD AND RELATED STREET AND TRAFFIC SIGNAL IMPROVEMENTS), Engr. Spec. No. 995." Adopted. See above. TRAFFIC SIGNS 4. Resolution No. 15,307, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF TRAFFIC PAVEMENT LEGENDS, WARNING AND REGULATORY SIGNS (TSC-87-22)." Adopted. See above. CONTRACT — STREET (HARBOR DRIVE) 5. Resolution No. 15,308, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1 FOR RECONSTRUCTION AND OVERLAY OF HARBOR DRIVE, Engr. Spec. No. 1002." Adopted. See above. CONTRACT — EQUIPMENT PURCHASE 6. Resolution No. 15,309, "A RESOLUTION DECLARING ALLEN GMC TRUCK THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH ALLEN GMC TRUCK (Pub. Wks. — GS8687-9 — Flatbed dump truck with chipper box.)" Adopted. See above. CONTRACT — EQUIPMENT PURCHASE 7. Resolution No. 15,310, "A RESOLUTION DECLARING JACK'S TRACTOR & EQUIPMENT, INC. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH JACK'S TRACTOR & EQUIPMENT, INC. (Pub. Wks. — GS8687-7 — Tractor and attachments.)" Adopted. See above. CONTRACT — EQUIPMENT PURCHASE 8. Resolution No. 15,311, "A RESOLUTION DECLARING THE JOHN C. HENBERGER COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH THE JOHN C. HENBERGER COMPANY (Pub. Wks. — GS8687-6 — Paint Striper.)" Adopted. See above. CONTRACT — CITY FACILITIES (LAS PALMAS POOL) 9. Resolution No. 15,312, "A RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION, LAS PALMAS POOL PUMP INSTALLATION AND FILTER REPLACEMENT AND INSTALLATION (Engr. Spec. 997.)" Adopted. See above. CONTRACT — WATER 10. Resolution No. 15,313, "A RESOLUTION OF THE CITY COUNCIL OF TE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER AUTHORITY (LANDSCAPE EXISTING TRAFFIC MEDIANS ON PLAZA BOULEVARD AT 1- 805.)" Adopted. See above. ADOPTION OF RESOLUTIONS BUDGET FY87-88 — EMPLOYEE RELATIONS 11. Resolution No. 15,314, "A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION." Moved by VanDeventer, seconded by Dalla, Resolution No. 15,314 be adopted. Carried by unanimous vote. BUDGET FY87-88 — EMPLOYEE RELATIONS 12. Resolution No. 15,315, "A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION." Moved by Dalla, seconded by VanDeventer, Resolution No. 15,315 be adopted. Carried by unanimous vote. Book 68/Page 150 5/26/87 BUDGET FY87-88 — EMPLOYEE RELATIONS 13. Resolution No. 15,316, "a resolution approving Fiscal Year 1987-88 compensation plan for confidential personnel." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,316 be held over for two weeks. Carried by unanimous vote. BUDGET FY87-88 — PERSONNEL RELATIONS 14. Resolution No. 15,317, "A resolution approving Fiscal Year 1987-88 compensation plans for executive and mid —management personnel." Moved by Van Deventer, seconded by Cooper, Resolution No. 15,317 be held over for two weeks. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION ZONING — MUNICIPAL CODE — ADULT ENTERTAINMENT Moved by Cooper, seconded by VanDeventer, the ordinance be read by title only. Carried by unanimous vote. 15. Ordinance No. , "An ordinance of the City Council of the City of National City Amending Ordinance Nos. 1692, 1699, 1712, 1780, 1790 and 1801, and Sections 18.69.030 and 18.16.250 of the National City Municipal Code, adding Sections 18.69.035 and 18.9.037 to the National City Municipal Code, and am ending Use Group 18 of Appendix D of the National City Land Use Code, concerning the regulation of Adult Entertainment Establishments." OLD BUSINESS COMMUNITY PROMOTION — CENTENNIAL 16. SUBJECT: Display Advertisement in Phase III Centennial Souvenir Program. RECOM MENDATION: If desired, authorize purchase of full page display ad (inside front cover) at a cost of $200. ACTION: Moved by VanDeventer, seconded by Cooper, to purchase full page display ad (similar to the Maytime Band Review ad) on the inside front cover at a cost of $200. Carried by unanimous vote. NEW BUSINESS FINANCE MANAGEMENT 17. SUB J E CT: Warrant Register No. 46, dated May 19, 1987, in the amount of $781,268.74 (bills — $471,522.13; payroll for period ending 5/4/87 — $309,746.61). warrants nos. 96600 through 96680. RECOMMENDATION: Ratify the Warrant Register. ACTION: Moved by Cooper, seconded by Pruitt, the Warrant Register be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. CLAIMS 18. Claim for Damages of Cynthia C. Littlejohn 19. Claim for Damages of Andre R. Mitchell 20. Claim for Damages of Alex McLintock, Inc. ACTION: Moved by Cooper, seconded by Pruitt, the claims be denied and referred to the City Attorney. Carried by unanimous vote. PERMITS AND LICENSES — ALCOHOLIC BEVERAGES — CONFLICT OF INTEREST 21. SUBJECT: Application for ORIGINAL Off —Sale Beer and Wine (Type 20) License of Highland Arco, 2336 Highland Avenue. RECOM MENDATIONS: Police Dept.: ...protest based upon the premise a business which primarily caters to motorists should not advertise, display or .sell alcoholic beverages. Planning Dept.: ...protest issuance of a liquor license...until such time as the applicant obtains a conditional use permit. Building & Safety Dept.: No grounds for protest. ACTION: Moved by Dalla, seconded by Pruitt, the license be protested based on the recom mendations of the Police and Planning Departments. Mayor Waters said he would abstain as his business is located at 1444 Highland and might be considered a conflict. Motion carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer. Nays: None. Abstaining: Waters. Book 68/Page 151 5/26/87 PLANNED DEVELOPMENT PERMIT 22. SUB JE CT: Planning Co m mission — Notice of Decision: Resolution No. 17-87, denying a Planned Development Permit .Application (PD-3-87) for five new dwelling units with one existing residence to remain at 1426-1434 East 7 Street. (Applicant: Ernest Stanley) R E C OM MEND A TI O N: The City Clerk reported an appeal was filed and requested ratification of a hearing date set for June 9, 1987. ACTION: Moved by Cooper, seconded by Pruitt, to ratify the June 9 hearing date. Carried by unanimous vote. TRAFFIC SAFETY 23. SUBJECT: Traffic Safety Committee minutes of their meeting of April 8, 1987. RECOMMENDATION: Receive and file. ACTION: Moved by Cooper, seconded by Pruitt, they be accepted and filed. Carried by unanimous vote. ASSESSMENT DISTRICT 24. SUBJECT: Petition for 1911 Act Improvement of Alley between Highland and "I" Avenues, 21st to 22nd Streets. RECOMMENDATION: As petition was not correctly circulated, a new petition is being circulated. This item for information only. No action required. ACTION: Filed by unanimous vote. FIRE PROTECTION — AIR QUALITY CONTROL 25. SUBJECT: Report on the current status of Pacific Steel, Inc. and associated auto shredder waste problems. (Note: After this item was placed on agenda, but prior to the meeting, there was a fire at Pacific Steel, Inc.) RECOMMENDATION: Support County and State agencies in their enforcement actions... TESTIMONY: Fire Chief Kimble reported on the May 21-22 fire at Pacific Steel and the continuing problems with disposal of "fluff, problems which are further complicated by legislation regulating disposal of "hazardous waste." Daniel J. Avera, San Diego County Environmental Health Services, Hazardous Material Division, outlined previous methods of disposal and told of a new process (K20) being used at San Pedro. Gary Stephany, Deputy Director, San Diego County Environmental Health Services, said they were proceeding to do whatever they could to eliminate the problems. DISCUSSION: City Council discussed the various problems associated with P.S.I. and asked questions of Chief Kimble, Mr. Avera and Mr. Stephany. ACTION: Moved by Van De venter, seconded by Cooper, recommendation no. 2 in the report (National City contact both County and State agencies and request im mediate enforcement action against the current illegal storage of shredder waste) be approved and the report filed. Carried by unanimous vote. STREET (HARBOR DRIVE) 26. SUBJECT: Detour for southbound vehicles on Harbor Drive (Reconstruction and Overlay — Engr. Spec. No. 1002) — 8th St. to Hoover Ave. to Civic Center Drive. RECOMMENDATION: Approve continued use of the detour for approximately four weeks. ACTION: Moved by VanDeventer, seconded by Pruitt, the detour be approved. Vice Mayor Cooper said he thought the use of Roosevelt Ave. (a controlled street) would be safer than the use of Hoover; and asked who would be responsible if there were accidents on Hoover. The City Engineer said he would look into that. Carried by unanimous vote. The Vice Mayor asked the City Engineer to keep Roosevelt Ave. in mind. CITY MANAGER — No report. Book 68/Page 152 5/26/87 CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Waters read his letter to the Port District requesting the feasibility study on the Marina. Mayor Waters read his letter to State Senator Deddeh advising that the City's share of the Park Bond Act would be used at Las Palmas for tennis facilities and parking. CITY COUNCIL Vice Mayor Cooper spoke of the problem of enforcement of the trash enclosure law, saying if it cannot be enforced, it should be taken off the books. The City Manager reminded Council that a half—time attorney is to be considered at budget time for the purpose of enforcement. ACTION: Moved by Cooper, seconded by Pruitt, this be on next week's agenda. Carried by unanimous vote. 27. SUB J E CT: Councilman Dalla's request for consideration of cancellation of the June 16, 1987 City Council meeting as he, Councilman Van Deventer and Vice Mayor Cooper will be out of town. ACTION: Moved by VanDeventer, seconded by Dalla, there be no Council meeting on June 16, 1987. Carried by unanimous vote. Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 4:00 p.m., Tuesday, June 2, 1987. Carried by unanimous vote. The meeting closed at 8:55 p.m. The foregoing minutes Corrections CITY CLERK were approved at the regular meeting of June 2, 1987. No Corrections CITY OF NATIONAL CITY, CALIF.