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HomeMy WebLinkAbout1987 07-28 CC MINBook 68/Page 203 7/28/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA J U L Y 28, 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, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager Bolint, followed with invocation by Asst. City Manager Bolint. APPROVAL OF MINUTES Moved by Cooper, seconded by VanDeventer, the minutes of the regular meeting of July 21, 1987 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS PERMITS AND LICENSES BILL PHILLIP, 2336 Highland Ave., was present and requested that Council rescind their protest of his beer and wine license and write a letter to ABC stating there are no protests and no Ordinance against his operation at this time; ABC indicated to him that they received a letter from the Police Dept. stating there is an Ordinance prohibiting the sale of alcoholic beverages in service stations; he has been in business at this location since 1976, and he believes he falls under the old Ordinance; the only thing holding up his application is Council's protest; the Police Dept. said the new Ordinance applies to his business, but the Planning Dept. and the City Attorney don't seem to think it does. City Attorney Eiser said under the present Ordinance, this business would be prohibited from selling alcoholic beverages, but in this instance, the sate of alcoholic beverages predates the effective date of the Ordinance; this would be considered a pre—existing, non— conforming use, and he has expressed this to the Police Dept. Moved by Cooper, seconded by Pruitt, this be put on next week's agenda. Carried by unanimous vote. PARKING/TRAFFIC SIGNS — STREET LIGHTS CHARLES E. WILLIAMS, 1615 Palm Ave., was present and said he doesn't believe what Mr. Dalla says, and he doesn't agree with anything he has said before; he doesn't like Mayor Waters' organization and he doesn't think Mr. Waters does anything that is right; there is no reason why Mr. Phillips shouldn't get his license approved. Mr. Williams gave the Mayor a copy of a Police report regarding a traffic speed study done on Palm Ave. which Mr. Waters read into the record (See Exhibit 'A' attached). Mr. Williams continued, the officer who did the traffic study didn't even know what the speed limit is on Palm Ave.; the report indicates there are dips in the road; there is one at 18th & Palm, but no others; he would like to know what tim e of day the study was done; he appreciates the street Tight that was put in on 17th St.; he is now fighting for a stop sign at that location. PUBLIC HEARINGS HEALTH — FEES 1. SUBJECT: Public Hearing on an Ordinance am ending Ordinance No. 1887, and adopting San Diego County Health Department Ordinance No. 7299 related to Health, Sanitation and Land Use Fees (average increase in fees is approximately $5), and amending Ordinance No. 1887. RECOMMENDATION: Staff recommends the Ordinance be introduced and approved. The City Clerk reported the Certificate of Publication was on file. TESTIMONY: None. ACTION: Moved by VanDeventer, seconded by Pruitt, this Ordinance be adopted and the Public Hearing closed. Carried by unanimous vote. LOT SPLIT 2. SUB JE CT: Public Hearing on appeal of Planning Co m mission's denial of Tentative Parcel Map Application (LS-9-86) for two parcels on 0.45 acres, located on the south side of 16th St., 132' west of Earle Dr.; Applicant: Don Ayles of ERB Engineering for owner. Book 68/Page 204 7/28/87 RECOMMENDATION: The Planning Commission denied the application without prejudice; staff concurs with the Planning Commission's denial. The City Clerk reported the Certificate of Publication was on file. TESTIMONY: None. A CTIO N: Moved by Van Deventer, seconded by Dalla, the Public Hearing be closed and the Planning Com mission's denial without prejudice and their findings be upheld. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,367 through 15,369) Moved by VanDeventer, seconded by Pruitt, the Consent Resolutions be adopted. Carried by unanimous vote. CONTRACT — STREET IMPROVEMENTS/HARBOR DRIVE 3. Resolution No. 15,367, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR RECONSTRUCTION AND OVERLAY — HARBOR DRIVE (ENGINEERING SPECIFICATION NO. 1002)." Adopted. See above. INSURANCE — LABOR REL/EXECUTIVE/MID—MANAGEMENT 4. Resolution No. 15,368, "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH STANDARD INSURANCE COMPANY FOR LONG—TERM DISABILITY INSURANCE." (for Executive and Mid — Management Employees) Adopted. See above. BUDGET FY87-88 — FLOOD CONTROL — STREET IMPROVEMENTS 5. Resolution No. 15,369, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR DRAINAGE AND STREET IMPROVEMENTS AT TWO LOCATIONS FROM UNAPPROPRIATED RESERVES, ENGINEE RING SPECIFICATION NO. 1004." (Highland Ave. & Plaza Blvd. and Plaza Blvd. & Harbison Ave.) Adopted. See above. ORDINANCE FOR ADOPTION Moved by Cooper, seconded by VanDeventer, the Ordinance be presented by title only. Carried by unanimous vote. HEALTH — MUNI CODE 6. Ordinance No. 1923, "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTING SAN DIEGO COUNTY ORDINANCE NO. 7299 (NEW SERIES RELATING TO HEALTH, SANITATION AND LAND USE FEES, AND AMENDING ORDINANCE NO. 1887." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1923 be adopted. Carried by unanimous vote. OLD BUSINESS CONTRACT — CITY FACILITY/POLICE FACILITY 7. Resolution No. 15,370, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE RETENTION OF DELOITE, HASKINS & SELLS TO PROVIDE CONTINUED FINANCIAL CONSULTING SERVICES FOR THE PROPOSED POLICE FACILITY." Moved by Dalla, seconded by VanDeventer, Resolution No. 15,370 be adopted. Carried by unanimous vote. ELECTION/NOVEMBER 3, 1987 — CITY FACILITY/POLICE FACILITY Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. 8. Ordinance No. 1924, "AN ORDINANCE IN THE MATTER OF CALLING AN ELECTION IN THE CITY OF NATIONAL CITY FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY A PROPOSITION OF INCUR RING A BONDED INDEBTEDNESS OF THE CITY FOR THE ACQUISITION, CONSTRUCTION, AND COMPLETION OF CERTAIN MUNICIPAL IMPROVEMENTS; DECLARING THE ESTIMATED COSTS OF THE MUNICIPAL IMPROVEMENTS, THE AMOUNT OF THE PRINCIPAL OF THE INDEBTEDNESS TO BE INCURRED, AND THE MAXIMUM RATE OF INTEREST TO BE PAID ON THE INDEBTEDNESS; FIXING THE DATE OF THE ELECTION, THE MANNER OF HOLDING THE ELECTION, THE Book 68/Page 205 7/28/87 PROCEDURE FOR VOTING FOR AND AGAINST THE PROPOSITION, AND ORDERING IT CONSOLIDATED WITH THE ELECTION TO BE HELD BY THE COUNTY OF SAN DIEGO ON NOVEMBER 3, 1987." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1924 be adopted. Carried by unanimous vote. ELECTION/NOVEMBER 3, 1987 — CITY FACILITY/POLICE FACILITY 9. Resolution No. 15,371, "A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT A SPECIAL ELECTION OF THE CITY OF NATIONAL CITY ON TUESDAY, NOVEMBER 3, 1987 AND TO CONSOLIDATE THAT ELECTION WITH THE ELECTION TO BE HELD BY THE COUNTY OF SAN DIEGO ON THE SAME DAY." Moved by Van Deventer, seconded by Cooper, Resolution No. 15,371 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGIIIT 10. SUBJECT: WARRANT REGISTER NO. 3, dated July 21, 1987, Ratification of Demands in the amount of ;196,834.53 (Warrants Nos. 97404 through 97494). RECOM MENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by Pruitt, the bills be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Van Deventer, Waters. Nays: None. WRITTEN COMMUNICATIONS TEMPORARY USE PERMIT 11. SUBJECT: A request from CJ's Deli and Spirits (Richard Rathburn), 2030 National City Blvd., for permission to use public sidewalk for temporary display on August 5 &6, for an open house to bring public attention to a new Post Office sub —station. RECOM MENDATION: Staff recommends that Council approve the request and direct staff to secure a Hold Harmless Letter from the applicant. A CTION: Mo ved by Van Deventer, seconded by Cooper, this be approved, and staff be directed to secure a Hold Harmless Letter. Carried by unanimous vote. OTHER BUSINESS CONDITIONAL USE PERMIT 12. SUB JE CT: Notice of Decisiion — Planning Commission Resolution No. 24-87, denying without prejudice a Conditional Use Permit Application for the sale of beer and wine as an incidental use in conjunction with a proposed restaurant on property located within the 1600 block of Plaza Blvd., south side, 150' east of Palm Ave.; Applicant: Lucky 8, a California Partnership; Case File No. CUP-1986-16. RECOMMENDATION: The Planning Commission denied the application without prejucice; staff concurs with the action of the Planning Com mission and recommends that the Notice of Decision be filed. ACTION: Ordered filed by unanimous vote. CONDITIONAL USE PERMIT — CONFLICT OF INTEREST 13. SUBJECT: Notice of Decision — Planning Commission Resolution No. 25-87, approving a Conditional Use Permit Application for the sale of distilled spirits in addition to the existing sale of beer and wine as an accessory use to a grocery market at 1320 Highland Ave.; Applicant: Lucky Stores, Inc.; Case File No. CUP-1987-7. RECOMMENDATION: The Planning Commission approved the application; staff concurs with the action of the Planning Com mission and recommends that the Notice of Decision be filed. ACTION: Moved by VanDeventer, seconded by Dalla, this be filed. Motion and second withdrawn. CONFLICT OF INTEREST: Mayor Waters said this business is within a block of his business, so he would abstain. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of the Planning Commission's recommendation. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Van Deventer. Nays: None. Abstaining: Waters. Book 68/Page 206 7/28/87 CONDITIONAL USE PERMIT 14. SUBJECT: Notice of Decision — Planning Commission Resolution No. 22-87, approving a Conditional Use Permit Application for the sale of beer and wine as an incidental use to a restaurant at 2424 Hoover Ave., Suites F & P; Applicant: Ying Por Tsoi; Case File No. CUP-1987-10. RECOM MENDATION: The Planning Commission approved the application; staff concurs with the action of the Planning Com mission and recommends that the Notice of Decision be filed. ACTION: Moved by Cooper, seconded by Pruitt, in favor of the Planning Commission's recommendation. Motion and second withdrawn. Ordered filed by unanimous vote. PARKING/TRAFFIC — STREET/HARBISON/8TH ST/PLAZA 15. SUBJECT: The City Engineer's report on Harbison/8th St./Plaza Blvd. slope and guard rail protection. RECOMMENDATION: Staff recommends that the guard rail, gunite slope protection approved at the June 9 meeting go forward, and the report be received and filed. Councilman Pruitt asked the City Engineer to inform the residents of the action Council is taking. ACTION: Ordered filed by unanimous vote. STREET LIGHTS 16. SUBJECT: The Deputy Public Works Director's report on Street Light Installation status. RECOM MENDATION: Staff recommends that Council accept and file the report after informing staff of any specific questions or problems. ACTION: Moved by Van Deventer, seconded by Pruitt, the report be accepted and filed. Carried, by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: Cooper. Councilman Dalla asked Deputy Public Works Director Donnelly to check 5th & 'M' and see if it qualifies for a street light. PUBLIC RELATIONS — BD COMM 17. SUBJECT: The Administrative Assistant's report on use of Holiday Newsletter to recruit for Boards and Commissions. RECOM MENDATION: Staff recommends that Council approve the inclusion of a section in the November. 1987 newsletter for recruitment to Boards and Co m missions. ACTION: Mo ved by Van Deventer, seconded by Cooper, in favor of staff's recommendation. Carried by unanimous vote. HEALTH 18. SUBJECT: The Administrative Assistant's report on quarantine of produce in San Diego County. RECOM MENDATION: Staff recommends the report be accepted and filed. ACTION: Ordered filed by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR COMMUNITY PROMOTION/CENTENNIAL Mayor Waters inquired how the Centennial Parade float was coming along. Councilman VanDeventer said he was working on it. PERMITS AND LICENSES Mayor Waters said we have had problems at 1405 'K' Ave.; he looked the place over and a bathroom has been built on the front porch; a perm it was issued in 1980 to enclose a portion of the front porch, to provide the area for an additional bathroom; all departments reviewed the plans and approved the project; everybody off the street is using the bathroom on the front porch of that house; he doesn't think we are helping the community by authorizing bathrooms on front porches. Book 68/Page 207 7/28/87 Mayor Waters reported that on Friday he threw out the first ball for the Yokohama All —Star Team; the delegates from Japan are very nice people; the Mayor of Yokohama gave Mr. Waters a beautiful plate with orchids on it, an autographed baseball and a gold fan. Mayor Waters reminded Council members that Candidate/Officeholder Campaign Finance Statements are due on Friday, July 31. CITY COUNCIL HIGHWAY/FREEWAY Councilman VanDeventer said taxpayers' money is being wasted on Highway 54; it is costing $26,000/day just on equipm ent rental; the total cost is close to $250,000/day; this Council needs to go on record, and the City Attorney come back with a letter urging the Courts to allow this project to move forward; the court date is August 11. Moved by VanDeventer, seconded by Waters, the City Attorney bring back some type of a letter next week. Mayor Waters said he talked to a woman from the Coastal Commission and a representative from the Fish and Game Commission today and asked them how National City would be affected; they indicated the west side would be affected, but the east side would be left alone. Motion carried by unanimous vote. PARKING/TRAFFIC Vice Mayor Cooper spoke of Mr. Williams (See Public Oral Communications), saying he has a legitimate point; he would like the City Manager to check with the Police Dept. and get the time the speed study was done on Palm Ave.; traffic on Palm Ave. is fast, particularly between 4:00 p.m. and 6:00 p.m. EXECUTIVE SESSION/PERSONNEL City Attorney Eiser reported a closed session is scheduled to discuss personnel matters. Moved by VanDeventer, seconded by Pruitt, in favor of the closed session. Carried by unanimous vote. Council went into Executive Session at 7:51 p.m. Council reconvened at 8:13 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. ADJOURNMENT Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 4:00 p.m., August 4, 1987. Carried by unanimous vote. The meeting closed at 8:14 p.m. CITY CL clleK The foregoing minutes were approved at the regular meeting of August 4, 1987. Corrections No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA Book 68/Page 208 Exhibit 'A' OFFICE OF THE CITY MANAGER ACTION REQUEST TGM 7/14/87 To Terry Hart - Police Chief Problem We have a complaint about very fast traffic on Palm from Plaza Blvd. to l8th Street. Direction Please have traffic enforcement monitor the situation and take appropriate action. Respond by 7/28/87 RESPONSIBLE DEPARTMENT Assigned to J. Coyle, Sergeant Traffic Bureau Special Orders Monitor and enforce speed as needed. Summary of Action or Statement of Response Assigned to Motor Officer Scott. Area was checked with radar gun on three different days: Saturday, Sunday and Monday, 18, 19, and 20 July, at different times of the day. Scott checked 275 vehicles and noted only three speeders who he could have written citations to. (Current department mandates restrict radar enforcement to school zones due to South Bay Court judges conclusion that National City's Traffic Engineering Survey is inadequate. That situation is being rectified, however, with radar speed enforcement likely to resume shortly.) Scott notes there is a traffic signal on each end of the target area as well as dips in the roadway both of which help to keep speeds in the area to a minimum. The overall average speed ran about 30 to 35 m.p.h. \Date Completed 20 July 1987 Signature DISTRIBUTION Copy 3 (pink) retained by Manager's Office. Copy 1 (white) and Copy 2 (yellow) sent to responsible department. Copy 1 returned by responsible department to Manager's Office when action completed. Form CM 550