Loading...
HomeMy WebLinkAbout1987 08-11 CC MINBook 68/Page 216 8/1 1 /87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 11, 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 Father Lleva. APPROVAL OF MINUTES The City Clerk reported that the minutes of the regular meeting of August 4, 1987 were not distributed until this morning. Moved by Van Deventer, seconded by Pruitt, the minutes of the regular meeting of July 28, 1987 be approved. Carried by unanimous vote. INTERVIEWS FOR BOARDS/COMMISSIONS/COMMITTEES BD COMM CIVIL SERVICE COMMISSION, LIBRARY BOARD OF TRUSTEES, SENIOR CITIZENS ADVISORY COMMITTEE Vice Mayor Cooper reported that the vacancies were advertised, but no applications were received, so there will be no interviews. There was consensus to select from those applications already on file. PUBLIC ORAL COMMUNICATIONS POLICE PROTECTION HAROLD REYNOLDS (manager of car wash at 2nd & Highland), 635 1st St., was present and spoke of the problems he is having at the car wash. Mr. Reynolds was advised this would be turned over to the Chief of Police. BUDGET FY86-87 PA TRICK DE GUI RE, 315 E. 24th St. was present and thanked Council for their $250 donation to help send him to France under the NACEL Cultural Exchange Program; he has learned much from his French family; he introduced the son of his French host family, who is now staying with him and his family in National City. POLICE PROTECTION EMMA SCHEUERMAN, 735 E. 2nd St., was present and said she was driving to a grocery store on Division St. on Friday, and someone either threw a stone or shot at her car; this is the second tim e this has happened in that area; she lives across the street from the car wash Mr. Reynolds manages and she watches out for him. BD COMM MARY LOUISE MARTIN, 1527 E. 15th St., was present and said Tess than two weeks ago, Council voted not to accept two qualified people who had applied for positions on Boards and Commissions; tonight there is no one to interview; there will be no applicants, qualified or not, if Council continues to vote against them. PUBLIC HEARINGS VARIANCE 1. SUBJECT: Public Hearing on appeal of the Planning Commission's approval of a Zone Variance Application for conversion of a residential structure of historical character to non—residential use (offices) with four off—street parking spaces in lieu of the required seven spaces at 437 "G" Ave.; Applicant: John H. Ochsner; Case File No. Z-4-87/CP-1-87. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOM MENDATION: The Planning Commission approved subject to 18 conditions; staff concurs with the Planning Commission's approval. TESTIM ONY: None. Discussion. Book 68/Page 217 8/1 1 /87 ACTION: Moved by Waters, seconded by Cooper, the Public Hearing be closed and the variance application be denied without prejudice. Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer, Waters. Nays: Dalla. CONDITIONAL USE PERMIT 2. SUBJECT: Public Hearing on appeal of the Planning Commission's denial of a Conditional Use Permit Application for the sale of beer and wine as an incidental use to a fast food establishment located within the Plaza Bonita Food Park; Applicant: Orca Enterprises, Inc.; Case File No. CUP-1987-8. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOM MENDATION: The Planning Commission voted to deny the application; staff concurs with the action of the Planning Com mission and recommends that the appeal be denied. TESTIM ONY: Elia Orca was present and spoke in favor, saying he is willing to work with staff; he will instruct his employees to require identification before selling alcoholic beverages, and each customer will be limited to one drink. A CTIO N: Moved by Dalla, seconded by VanDeventer, the Public Hearing be closed, and we concur with the Planning Com mission's recommendations, based on their findings. Carried by unanimous vote. CONDITIONAL USE PERMIT 3. SUBJECT: Public Hearing on Conditional Use Permit Application for the sale of used carpeting at 1469 Plaza Blvd.; Applicant: W. A. Bohart, Jr.; Case File No. CUP-1987-6. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission voted to approve the application; staff concurs with the decision of the Planning Com mission. TESTIM ONY: W. A. Bohart, Jr., Honolulu, Hawaii was present and spoke in favor, but said he didn't feel he could satisfy the restrictions and conduct a successful business. Mr. Bohart was advised he would be encouraged to locate his business in a different area of the City. ACTION: Moved by VanDeventer, seconded by Pruitt, the Public Hearing be closed and this use be denied, based on findings of the Planning Commission, and the fact that carpeting would be cut in the parking lot. Carried by unanimous vote. ASSESSMENT DISTRICT 228 4. SUBJECT: Public Hearing on Resolution of Intention No. 15,355, District No. 228, Alley No. 35. The City Clerk reported the Certificate of Publication and Affidavits of Mailing and Posting were on file. The City Clerk read a protest from Mrs. Norreen Bali into the record (see Exhibit 'A' attached). RECOMMENDATION: Staff recommends that Council conduct the hearing, deny or overrule all protests and close the hearing. TESTIM ONY: Norreen Ball was present to speak against this Assessment District, saying she has tried since 1955 to get the alley paved; her assessment is almost $1,600 and that is ridiculous; she has heard that all the cement that has been poured in the alley for the businesses is going to be torn up and redone; her portion of the alley is only about 25'. ACTION: Moved by VanDeventer, seconded by Cooper, this be continued one week, and the City Engineer bring back a report on Mrs. Ball's assessment. Carried by unanimous vote. Mayor Waters called a recess at 8:23 p.m. Council reconvened at 8:35 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Book 68/Page 218 8/1 1 /87 PARKING/TRAFFIC 20. SUBJECT: The report of the Traffic Safety Committee from their meeting of July 1 5, 1987. RECOM MENDATION: Staff recommends the report be received and filed. ACTION: Moved by VanDeventer, seconded by Pruitt, this be approved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,387 through 15,394) Vice Mayor Cooper said Nos. 11 & 12 relate to Assessment District No. 228 and would have to be held over. Mo ved by Van Deventer, seconded by Cooper, the Consent Resolutions (except Nos. 11 & 12) be adopted. Carried by unanimous vote. CONTRACT — ASSESSMENT DISTRICT 227 — FLOOD CONTROL 5. Resolution No. 15,387, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT TO IMPROVE WATER FACILITIES IN 'I' AVENUE DISTRICT 227." Adopted. See above. PARKING/TRAFFIC 6. Resolution No. 15,388, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING ESTABLISHMENT OF A 2—HOUR PARKING LIMIT ZONE ON THE NORTH SIDE OF 8TH STREET BETWEEN 'C' AVENUE AND 'D' AVENUE (TRAFFIC SAFETY COM MITTEE 87-42)." Adopted. See above. PARKING/TRAFFIC SIGNS 7. Resolution No. 15,389, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF SCHOOL ZONE WARNING AND REGULATORY SIGNS (W65, R2, R72) ON BOTH SIDES OF 4TH STREET FOR THE 'SAN DIEGO ACADEMY', 2700 EAST 4TH STREET (TRAFFIC SAFETY COMMITTEE 87-46)." Adopted. See above. PARKING/TRAFFIC SIGNS 8. Resolution No. 15,390, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF 10 M P H ADVISORY SPEED SIGNS (W6) AND TURN SIGNS (W3) AT 12TH STREET AND PARADISE DRIVE (TRAFFIC SAFETY COMMITTEE 87-40)." Adopted. See above. CONTRACT 9. Resolution No. 15,391, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR ROADWAY PROTECTION, PALM AVENUE SOUTH OF 9TH STREET (ENGINEERING SPECIFICATION NO. 985)." Adopted. See above. PARKING/TRAFFIC SIGNALS 10. Resolution No. 15,392, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF 8TH STREET AND HIGHWAY 5 SOUTHBOUND OFF —RAM P." Adopted. See above. ASSESSMENT DISTRICT 228 11. Resolution No. 15,393, "A Resolution overruling protest (Alley 35, Civic Center Drive to 14th/Harding to Wilson), District No. 228." Continued one week. See above. ASSESSMENT DISTRICT 228 12. Resolution No. 15,394, "A Resolution ordering the work, directing publications of Notice Inviting Bids and adopting scale of prevailing wages (Alley 35, Civic Center Drive to 14th/Harding to Wilson), Assessm ent District No. 228." Continued one week. See above. ORDINANCE FOR INTRODUCTION Moved by Van Deventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. MUNI CODE 13. "An Ordinance of the City Council of the City of National City amending Section 13.22.050 of the National City Municipal Code." Book 68/Page 219 8/1 1 /87 ORDINANCES FOR ADOPTION Moved by Cooper, seconded by Pruitt, the Ordinances be presented by title only. Carried by unanimous vote. MUNI CODE 14. Ordinance No. 1925, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING) AND APPENDIX D (USE GROUPS) OF THE MUNICIPAL CODE RELATING TO SPECIFIC USES, REGULATIONS AND PROCEDURES." City Attorney Eiser said there is an error in Section 7, and he would recom mend, if Council is inclined to approve the Ordinance, to delete Section 7, approve the remainder of the Ordinance, and that Section will be brought back at a later time. Moved by Cooper, seconded by VanDeventer, Ordinance No. 1925 be adopted, deleting Section 7. Carried by unanimous vote. MUNI CODE 15. Ordinance No. 1926, "AN ORDINANCE AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 11.60 RELATING TO INTERSTATE TRUCKS." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1926 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGIMT 16. SUBJECT: WARRANT REGISTER NO. 5, dated August 4, 1987, Ratification of Demands in the amount of $416,540.30 (Warrants Nos. 97580 through 97650), and CERTIFICATION of PAYROLL for the period ending July 13, 1987, in the amount of $443,171.70. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by Pruitt, the bills be ratified and the payroll certified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. CLAIMS 17. SUBJECT: The Claim for Damages of Oscar Quintanaar. RECOM MENDATION: Staff recommends the claim be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. WRITTEN COMMUNICATIONS TEMPORARY USE PERMIT — COMMUNITY PROMOTION — CENTENNIAL 18. SUBJECT: The request of the Centennial Com mittee for use of the Community Bldg. for a party for Centennial personnel on Sunday, September 20; alcohol will be served; a waiver of fees is requested; insurance in the amount of $100,000 is required. RECOM MENDATION: Staff recommends that Council authorize use of the building, the serving of alcohol and waiver of all fees. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request, and whatever insurance they have be acceptable. Discussion re the City providing the insurance. Public Works Director Williams said the Chamber of Commerce has submitted insurance, but he is not positive of the amount. Motion carried by unanimous vote. BUDGET FY87-88 19. SUBJECT: A request from the National City Pony League for an additional contribution for the Spring Pony League. RECOMMENDATION: Staff indicates that consistent with Council policy, additional contribution to the Pony League is not eligible for funding; staff recom mends that Council direct staff to so notify the Pony League and authorize the City Manager to handle second requests administratively in the future; this would not preclude organizations from presenting their needs before Council. ACTION: Moved by Cooper, seconded by VanDeventer, this be denied, the City Manager write a letter to the Pony League explaining our new policy, and from here on if more than one person from a group applies, it be handled administratively by the City Manager. Carried by unanimous vote. Book 68/Page 220 8/1 1 /87 PARKING/TRAFFIC 20. SUBJECT: The report of the Traffic Safety Committee from their meeting of July 15, 1987. (Considered between Items 4 and 5) OTHER BUSINESS EMPLOYEE BENEFITS — POLITICAL SUPPPORT 21. SUBJECT: The Administrative Assistant's report on Legislation to increase PE RS retirement allowances, AB 15—Stirling (would increase the maximum payments for PERS retirees from 75% to 85%). RECOM MENDATION: Staff recommends that Council support the League of California Cities' position in opposing AB 15, and authorize the City Manager to contact legislators on this issue. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of staff's recommendation. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY HIGHWAY/FREEWAY City Attorney Eiser said he attended the court hearing on Route 54 yesterday, and the injunction that was imposed several weeks ago was not lifted; this results in further delay in the Route 54 project; there was an exception to the extent that there is some work to be done with regard to widening of I-5; that was permitted by the court; there was also an exception regarding some work in the flood channel, installation of rip rap was specifically allowed by the court; the problem is the consultation that is required under the Endangered Species Act in connection with that project, and part of the project west of I-5; the court was apparently of the opinion that the parties were not consulting in good faith, and the judge expressed an opinion to take a role as an overseer in those consultations. Councilman Dalla if the court had communicated to it the information that that stretch of roadway on I-5 is the most dangerous stretch in the County and over 20 people have been killed. Mr. Eiser replied that was part of the argument; the judge's feeling seemed to be that that was unfortunate, but he felt he was following the law. OTHER STAFF — No reports. MAYOR REDEVELOPMENT — BLOCK GRANT Mayor Waters said Senator Wilson's office called this week, and our block grant for 1987-88, in the amount of $947,000, for home loans and public works projects within the redevelopm ent area has been approved as of August 1. DOWNTOWN REDEVELOPMENT Mayor Waters said Council assigned Mr. VanDeventer and himself to meet with John Scull and to look into the downtown redevelopment; we will be getting a major hotel (TraveLodge) at 8th & National City Blvd. Councilman VanDeventer said the project is planned for the area between 7th & 8th Streets and Roosevelt and National City Blvd.; the other three blocks have not been addressed, but the plans for this hotel showed a major restaurant, banquet room and cocktail bar; the value of the land has not yet been addressed, but we have come a long way. Mayor Waters said he would recommend this be referred to the next CDC meeting and have Mr. Scull present to discuss the project. Moved by Cooper, seconded by VanDeventer, this be put on the next CDC agenda. Carried by unanimous vote. CITY COUNCIL Councilman Pruitt requested that staff look into clearing up the idea of acceptance of different Commission reports without that being considered an approval of each item that Commission has dealt with; we should be able to accept the report as a governing body without automatically concurring with those decisions. Book 68/Page 221 8/1 1 /87 CITY COUNCIL MEETINGS 22. SUBJECT: Discussion of Pre —Council Meetings. RECOMMENDATION: None. There was discussion re elim inating Pre —Council meetings on a trial basis. City Attorney Eiser said if Council approves this action by motion, any reference to the Pre —Council meeting could be deleted on the agenda; it is provided for in the Ordinance, but if there is no quorum at the meeting, the meeting isn't held. Moved by VanDeventer, seconded by Cooper, we delete Pre —Council meetings for the next six months on a trial basis. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Pruitt. ADJOURNMENT Moved by VanDeventer, seconded by Pruitt, the meeting be adjourned to 4:00 p.m., August 18, 1987. Carried by unanimous vote. The meeting closed at 9:10 p.m. i The foregoing minutes were approved at the regular meeting of August 18, 1987. Corrections No corrections ✓ MAYOR CITY OF NATIONAL CITY, CALIFORNIA Exhibit 'A' Book 68/Page 222 /�L _ 6/ r,a v G ! cu- G„-e Z /t' . a a e ey--/ /f/ 7,‘,4c,t_e_77L h'�9-0.3.5 r—