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HomeMy WebLinkAbout1987 08-18 CC MINBook 68/Page 223 8/18/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 18, 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 McCabe, followed with invocation by Father William J. Ortman, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Cooper, seconded by Pruitt, the minutes of the regular meetings of August 4 and August 11, 1987 be approved. Councilman VanDeventer requested that approval of the minutes of August 11 be held over. Moved by Cooper, seconded by Pruitt, the motion be amended to approve the minutes of the regular meeting of August 4 and the minutes of the regular meeting of August 11 be held over. Carried by unanimous vote. PROCLAMATION Moved by VanDeventer, seconded by Cooper, the Proclamations be read by title only. Carried by unanimous vote. The Proclamation declaring the month of September, 1987 to be "CERAMIC ARTS MONTH" was presented. Mayor Waters requested that the City Clerk read the Proclamation in full. Mayor Waters presented the Proclamation to Linda Semens, Jane Russell and Sandy Elicalde. PRESENTATION Vice Mayor Cooper presented an $800 check, on behalf of the Lions Club, to NCPD Reserve Commander Lee Shaw for the Police Reserves. PUBLIC ORAL COMMUNICATIONS — None. PUBLIC HEARINGS ASSESSMENT DISTRICT 228 1. SUBJECT: Continued Public Hearing on Resolution of Intention No. 15,355, District No. 228, Alley No. 35. RECOMMENDATION: Staff recommends that Council hold the hearing, deny or overrule all protests and close the hearing. ACTION: Moved by VanDeventer, the Public Hearing be closed and all conditions adhered to be moved in favor of this alley improvement. Motion died for lack of second. TESTIM ONY: Norreen Ball was present and protested the cost. Vice Mayor Cooper said Mrs. Ball's husband signed the petition in favor of the improvements. Mrs. Ball said she was unaware her husband had signed the petition. There was discussion re Mrs. Ball's belief that only 25' of the abutting alley needed to be paved and the City Engineer's plans showing 50'. Mayor Waters advised Mrs. Ball that Council would authorize the City Engineer to make adjustm ents if he feels it is necessary. City Engineer Stafford said he would get in touch with Mrs. Ball and they will go out and look at the alley. ACTION: Moved by Cooper, seconded by VanDeventer, the Public Hearing be closed, the protests be overruled, all conditions be adhered to, and this alley improvement be approved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,395 through 15,402) Moved by VanDeventer, seconded by Cooper, the Consent Resolutions be adopted. City Attorney Eiser spoke of No. 6 (Resolution No. 15,399), saying the applicant has withdrawn his application with ABC. Motion carried by unanimous vote. Book 68/Page 224 8/18/87 COMMUNITY DEVELOPMENT COMMISSION 2. Resolution No. 15,395, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE ESTABLISHMENT OF A GUARANTEED LOAN FUNDS ACCOUNT FOR FUNDS RECEIVED BY THE CITY OF NATIONAL CITY UNDER NOTE(S) GUARANTEED BY THE U.S. DEPARTMENTS OF HOUSING AND URBAN DEVELOPMENT (HUD) UNDER THE SECTION 108 LOAN GUARANTEE PROGRAM AND A GUARANTEED LOAN FUNDS INVESTMENT ACCOUNT TO HOLD OBLIGATIONS AND THEIR ASSIGNMENTS, SUCH OBLIGATIONS HAVING BEEN PURCHASED WITH FUNDS FROM THE GUARANTEED LOAN FUNDS ACCOUNT." Adopted. See above. CONTRACT — POLICE PROTECTION 3. Resolution No. 15,396, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF NATIONAL CITY, CALIFORNIA, AND THE STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL." Adopted. See above. TAXES 4. Resolution No. 15,397, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FIXING AND ADOPTING THE TAX RATE FOR FISCAL YEAR 1987-88." Adopted. See above. CONDITIONAL USE PERMIT 5. Resolution No. 15,398, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALE OF USED CARPETING AT 1469 EAST PLAZA BLVD., APPLICANT: W. A. BOHART, JR., CASE FILE NO. CUP- 1987-6." Adopted. See above. CONDITIONAL USE PERMIT 6. Resolution NO. 15,399, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING 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 AT 3030 PLAZA BONITA ROAD, APPLICANT: ORCA ENTERPRISES, INC., CASE FILE NO. CUP-1987-8." Adopted. See above. VARIANCE 7. Resolution No. 15,400, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING WITHOUT PREJUDICE A ZONE VARIANCE APPLICATION FOR CONVERSION OF A RESIDENTIAL STRUCTURE OF HISTORICAL CHARACTER TO NON—RESIDENTIAL USE (OFFICES) WITH 4 OFF—STREET PARKING SPACES IN LIEU OF THE REQUIRED 7 SPACES AT 4 3 7 ' G' AVENUE, APPLICANT: JOHN O. OCHSNER, CASE FILE NO. Z-4-87/CP-1-87." Adopted. See above. ASSESSMENT DISTRICT 228 8. Resolution No. 15,401, "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, ASSESSMENT DISTRICT NO. 228)." Adopted. See above. ASSESSMENT DISTRICT 228 9. Resolution No. 15,402, "A RESOLUTION OVERRULING PROTEST, ALLEY 35, CIVIC CENTER DRIVE TO 14TH/HARDING TO WILSON, ASSESSMENT DISTRICT NO. 228." Adopted. See above. ORDINANCE FOR ADOPTION Moved by Cooper, seconded by VanDeventer, the Ordinance be presented by title only. Carried by unanimous vote. Book 68/Page 225 8/18/87 MUNI CODE 10. Ordinance No. 1927, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 13.22.050 OF THE NATIONAL CITY MUNICIPAL CODE." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1927 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGMT 11. SUBJECT: WARRANT REGISTER NO. 6, dated August 10, 1987, Ratification of Demands in the amount of $196,252.85 (Warrants Nos. 97651 through 97750), and CERTIFICATION of PAYROLL for the period ending July 27, 1987, in the amount of $343,259.44. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by Van Deventer, the bills be ratified and the payroll certified. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. CLAIMS 12. SUBJECT: Claim for Damages of Delores Lugo and Jorge Daniel Lugo. RECOMMENDATION: Staff recommends these claims be denied and referred to the City Attorney. ACTION: Moved by VanDeventer, seconded by Cooper, these claims be denied and referred to the City Attorney. Carried by unanimous vote. WRITTEN COMMUNICATIONS TEMPORARY USE PERMIT 13. SUBJECT: The request of Radio Latina/Fiesta Mexicana for a Temporary Use Permit to celebrate Mexican Independence Day (stage, Mexican Folk Dancers, local entertainment, amplified music, mariachi competition) on September 13, 1987, from 10:00 a.m. to 8:00 p.m. in Kimball Park, with waiver of fees. RECOMMENDATION: Staff recom mends approval subject to the following conditions: Applicant shall provide public liability insurance with the City as nam ed insured and a Hold Harmless Agreement; applicant shall provide a controlled alcoholic consumption area and obtain a liquor license from ABC; applicant shall secure a separate permit from the Fire Dept. and provide plot plan of site events; any vendors selling merchandise or food must have a Business License; overtime will be required by electrician and electrical power to support food booths and music; Parks & Recreation Dept. will coordinate organizational meeting. ACTION: Moved by VanDeventer, seconded by Cooper, this be approved subject to conditions of staff. Carried by unanimous vote. TEMPORARY USE PERMIT 14. SUBJECT: The request of O.T.N.C. National City Centennial for a Temporary Use Permit for their 5K and 1 mile reunion fun run and walk on August 22, 1987, from 8:00 a.m. to 9:30 a.m., with waiver of fees. RECOM MENDATION: Staff recommends approval subject to the following conditions: Applicant shall provide public liability insurance with the City as named insured; applicant shall provide a Hold Harmless Agreement. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request. Mayor Waters said he would be walking in this event, wearing his Centennial costum e, and invited other Council members to do so as well. Motion carried by unanimous vote. TEMPORARY USE PERMIT 15. SUB J E CT: The request of Old Town National City Reunion Committee (in conjunction with the National City Centennial Com mittee and the Chamber of Commerce) for a Temporary Use Permit for the use of City streets (Harding Ave. & 14th St.) for their Old Town Street Party on August 22, 1987, from 2:00 p.m. to 9:00 p.m., with waiver of fees. RECOMMENDATION: Staff recommends approval subject to the following conditions: Applicant shall provide public liability insurance with the City as named insured and a Hold Harmless Agreement; the committee organizing the event shall submit in writing a request for utilization of National City Police Reserve Officers to provide security; the committee shall attempt to Book 68/Page 226 8/18/87 discourage the bringing of alcoholic beverages to the party, and information discouraging the bringing of alcoholic beverages should be included in any advertisement, poster or flyer which may be prepared advertising the reunion; applicant shall secure a permit from the Fire Dept. prior to the event; any vendors are required to hold a current Business License; committee will have to commit to cleaning up area after event, plus handling of trash so generated. ACTION: Moved by VanDeventer, seconded by Pruitt, in favor of this request. Diego Aguilera said they would be making a special presentation to Council at 5:15 p.m.; he will send copies of the agenda to Council. Motion carried by unanimous vote. OTHER BUSINESS CITY MANAGER — No report. CITY ATTORNEY CLAIMS — LITIGATION City Attorney Eiser reported on the City's first prosecution on the Trash Enclosure Ordinance, saying the Judge ordered the defendant to pay a fine of $170; this indicates that the City is serious about this matter and the Court is willing to take them seriously. Councilman Dalla asked the City Attorney to brief Council on the recent decision re Asaro and the Zuffoletto matter. City Attorney Eiser said the Asaro eminent domain proceeding (Mario's Restaurant) went to trial in January; the issue was loss of good will and compensation the property owners were entitled to; the property owner made several demands, one was for $2 million, the lowest was $725,000; the judgment was $328,000; there is a provision in the law that the property owners can file a motion to recover litigation expenses, including expert witness fees and attorney's fees; in this case they claimed approximately $120,000; after the hearing in which we opposed the motion, the judge denied the motion and they were awarded $1,000 for minor court costs; with respect to Zuffoletto (termination of a former Police Officer), the judge affirmed the decision of the City Council. Councilman Dalla commended the City Attorney for his efforts. Mayor Waters said there have been several "Letters to the Editor" criticizing the City Attorney; Council authorized an additional $30,000 for him to use for assistance when necessary, since the law was not being followed with regard to trash enclosures; in the case of the former Police Officer, the Council overruled the Civil Service Commission and the court agreed. (It became obvious the Council sound system was not functioning. The City Manager turned the sound system on. Council admonished Public Works Director Williams to have his people, prior to the meetings, perform the necessary duties to have Council Chambers ready.) OTHER STAFF COMMUNITY PROMOTION — CENTENNIAL Asst. City Manager Bolint reported that Mrs. Boss' Centennial Mural at Plaza and Palm has been painted over. MAYOR PERSONNEL — PARK/LAS PALMAS Mayor Waters said he received a letter from the Girls' Softball League com mending the Public Works Dept. for their prompt attention to a request for a screen door at the concession stand in Las Palmas Park. PERSONNEL Mayor Waters said Council did not respond to the letters (to the Editors) criticizing the City Attorney; these people are just stirring up a problem which the City doesn't need. CITY COUNCIL BD COMM 16. SUBJECT: List of Applicants for Boards/Commissions, Committees (those people who have been interviewed and are available for appointment). RECOMMENDATION: None. ACTION: None. Book 68/Page 227 8/18/87 POLICE PROTECTION Council man Pruitt commended the Police Reserves for the excellent job they did with the families who were evacuated to Las Palmas Park after the PSI fire on Sunday night; Commander Shaw should be commended. FIRE PROTECTION Mayor Waters commended the Fire Dept. for doing an outstanding job Sunday night during the fire at PSI; the L. A. Times did an excellent report explaining the City's stand; it is not the City Fathers' responsibility, but the responsibility of the County and the State to look after the problem; that comes under Supervisor Bilbray and Assemblym an Peace; they need to get after the County and State Inspectors and the L. A. Times made that very clear. ADJOURNMENT Moved by VanDeventer, seconded by Pruitt, the meeting be adjourned to 7:00 p.m., August 25, 1987. Carried by unanimous vote. The meeting closed at 4:43 p.m. J/Q CITY CLE K The foregoing minutes were approved at the regular meeting of August 25, 1987. Corrections No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA