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HomeMy WebLinkAbout1987 09-01 CC MINBook 68/Page 234 9/1/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 1, 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, VanDeventer, Waters. Absent: Pruitt. Administrative officials present: Bolint, Campbell, Eiser, McCabe, 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 The City Clerk requested approval of the following correction to the minutes of the regular meeting of July 7, 1987: The title of Resolution No. 15,355 should read: "A RESOLUTION OF INTENTION IN THE MATTER OF CONSTRUCTION OF IMPROVEMENT IN DISTRICT NO. 228 — ALLEY 35, CIVIC CENTER DRIVE TO 14TH/HARDING TO WILSON." Moved by VanDeventer, seconded by Cooper, the minutes of the regular meeting of August 25, 1987 and the correction to the minutes of the regular meeting of July 7, 1987 be approved. Carried by unanimous vote. Absent: Pruitt. PROCLAM ATION Moved by Van Deventer, seconded by Cooper, the Proclamation be read by title off. Carried by unanimous vote. Absent: Pruitt. 9-i7 tr7 40 un:{e./ S>j<s Cors6 R-1/,,, MAYOR'S APPOINTMENTS BD COM M Senior Citizens Advisory Board RECOM MENDATION: The Mayor recommends reappointment of Eva Cano, Marie Meier, Martha Smith, Louise Barchus and Ray Spann. Mayor Waters said there are two members who are too old to be reappointed, and would appreciate suggestions from Council. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of the Mayor's appointments. Carried by unanimous vote. Absent: Pruitt. PROCLAMATIONS The Proclamation declaring the day of September 17, 1987 to be "UNITED STATES CONSTITUTION DAY" was presented. Mayor Waters presented the Proclamation to Doris McKinney, Chairman, Constitutional Centennial Committee. PUBLIC ORAL COMMUNICATIONS VA RIANCE G REG M C PARTLAND, American Communities, Inc., 834 Toledo Ave., Coronado, was present and spoke re the public hearing on request for Variance for property located at 437 "G" Ave. (see City Council minutes of August 11, 1987), saying they purchased the property from Mr. Ocshner, who did not attend the hearing, and requested that Council re —open the hearing so they can present their case; his company would be willing to absorb the costs of the hearing; it was Mr. Ocshner's responsibility to get the variance and he told them it had already been approved. There was consensus not to reopen the public hearing. Mr. Mc Partland was advised to contact staff. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,408 through 15,411) Moved by VanDeventer, seconded by Cooper, the Consent Resolutions be adopted. Carried by unanimous vote. Absent: Pruitt. BUDGET FY87-88 — REVENUE SHARING FUNDS 1. Resolution No. 15,408, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING REALLOCATION OF FUNDS (To allocate the remaining Revenue Sharing Funds for personal services)." Adopted. See above. Book 68/Page 235 9/1 /87 CONTRACT — PARKING/TRAFFIC SIGNALS 2. Resolution No. 15,409, "A RESOLUTION OF THE CITY OF NATIONAL CITY DECLARING FIERRO CONSTRUCTION COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FIERRO CONSTRUCTION COMPANY (Traffic signals on National City Blvd. at 18th and 30th Streets)." Adopted. See above. CONTRACT — SUBDIVISION 3. Resolution No. 15,410, "A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN E. J. & F. P. SPRAGUE, DEVELOPERS OF CITY'S PARCEL MAP NO. 1987-1—NC (SOUTHWEST CORNER OF 'K' AVENUE AND 22ND STREET) AND THE CITY OF NATIONAL CITY (required monumentation, grading, drainage and sidewalk improvements prior to recording of the map)." Adopted. See above. CONTRACT — CITY FACILITY/LAS PALMAS RECREATION CENTER 4. Resolution No. 15,411, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR CONSTRUCTION OF LAS PALMAS RECREATION CENTER (ENGINEERING SPECIFICATION NO. 989)." Adopted. See above. ORDINANCE FOR INTRODUCTION Moved by VanDeventer, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. Absent: Pruitt. MUNI CODE 5. "An Ordinance of the City Council of the City of National City amending Appendix D (Use Groups) of the Municipal Code to permit gasoline sales as an accessory use to an automated, full —service car wash." NEW BUSINESS FINANCE MGMT 6. SUBJECT: WARRANT REGISTER NO. 8, dated August 25, 1987, Ratification of Demands in the amount of $175,428.15 (Warrants Nos. 97828 through 97912), and CERTIFICATION of PAYROLL for the period ending August 10, 1987, in the amount of ;397,976.94. RECOM MENDATION: 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, VanDeventer, Waters. Nays: None. Absent: Pruitt. CLAIMS 7. The Claim for Damages of Sharon R. Peterson and 8. The Claim for Damages of Daniel H. Ross. RECOMMENDATION: Staff recommends these claims be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, these claims be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Pruitt. PERMITS AND LICENSES 9. SUBJECT: Application for Type 20, Original, Off —Sale Beer and Wine license, authorizing the sale of beer and wine for consumption off the premises where sold, Circle K Convenience Stores, Inc., 2240E. Plaza Blvd. #H, dba Circle K Store. R E C O M M E N D A TI O N: Police and Building Departments state no grounds for objection; the Planning Dept. recommends this license be protested until such time as the applicant obtains a Conditional Use Permit. ACTION: Moved by VanDeventer, seconded by Dalla, this license be protested until applicant obtains a CUP, and we reserve the right to protest based on other grounds as well (amended motion). Carried by unanimous vote. Absent: Pruitt. Book 68/Page 236 9/1 /87 WRITTEN COMMUNICATIONS TEMPORARY USE PERMIT — COMMUNITY PROMOTION/CENTENNIAL 10. SUBJECT: A request from the National City Centennial Committee/Chamber of Co mmerce for a Temporary Use Permit to hold a carnival from September 16-20, 1987, between National City Blvd. and Roosevelt, and 7th & 8th Streets, with closure of 7th St. between National City Blvd. and Roosevelt (This was approved by Council on March 3; all conditions are to remain the same except for the change of location.) RECOMMENDATION: Staff recommends approval subject to the following conditions: Applicant shall obtain a separate permit from the Fire Dept. and provide a plot plan; inspection shall be required before opening; applicant shall provide a Hold Harmless Agreement and public liability insurance policy with the City as named insured; carnival hours shall be limited to 11:00 p.m. TESTIM ONY: George Webster, National City Chamber of Commerce, was present and answered Council's questions. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. Absent: Pruitt. OTHER BUSINESS ZONE CHANGE — GENERAL PLAN 11. SUBJECT: The Planning Department's report regarding zoning of property on both sides of 7th St., west of Palm Ave. (subject area is zoned RT—PD; the Planning Commission and City Council recently considered a Planned Development Permit application and several residents in the area spoke in opposition and recommended the area be zoned for single—family; the Planning Commission denied the PDP and initiated a General Plan Amendment and Zone Change from RT—PD to RS-2; the City Council approved the PDP upon appeal, cancelling the Planning Commission's action to initiate the General Plan Amendment and Zone Change.) R ECOM MENDATION: Staff recommends that Council provide direction regarding its intent on the matter. ACTION: Moved by Dalla, seconded by Waters, we refer this item to the Planning Commission for their review and recommendation. Motion failed by the following vote, to —wit: Ayes: Dalla, Waters. Nays: Cooper, VanDeventer. Absent: Pruitt. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No report. MAYOR COMMUNITY BLOCK GRANT FUNDS — CITY FACILITY/MORGAN TOWERS/KIMBALL TOWERS Mayor Waters reported we got the Community Block Grant for expansion of the dining room at Morgan Towers effective August 13, and we are now authorized to proceed with the project. COMMUNITY BLOCK GRANT Mayor Waters said we got our Community Block Grant (No. B87M C060560) from the U.S. Dept. of Housing which grants us all our project activities such as home improvement loans, traffic signal replacements, graffiti program, curbs and gutters, 50/50 sidewalk program, storm drains etc; effective August 13, we are authorized to incur costs and move ahead with these projects. SOLID WASTE MANAGEMENT Mayor Waters reported that the courts have settled the criminal complaint against Pacific Steel and they were ordered to pay one fine of $5,000 and another fine of $80,000; he received a letter from Mrs. McConkey whose child was in bad shape because of the smoke from the PSI fire, and she was of the opinion that the Mayor and Council were at fault; he advised her the County and State were responsible. PROPERTY ABATEMENT Mayor Waters said for the past two weeks he has seen piles of wooden racks covering almost a City block at 7th & Roosevelt, and he thinks it belongs to Harold Dodds; it looks very unsightly. Book 68/Page 237 9/1 /87 MUNI CODE 12. SUB JE CT: Reconsideration of Repeal of Municipal Code Section 18.108.060 (non —conforming uses in Commercial and Industrial Zones). RECOM MENDATION: Mayor Waters recommended this item be filed. ACTION: None. CITY COUNCIL ZONE CHANGE — GENERAL PLAN Councilman Dalla spoke of Item 11 (report regarding zoning of property on both sides of 7th St., west of Palm Ave.), saying he was of the opinion that an item should not fail or prevail on a tie vote, and asked that this item be reconsidered at a meeting when all Council members are present. Vice Mayor Cooper said this was presented to the full Council and is now a dead issue; the only people requesting this are owners of single—family residences; the other people on that street should have a say as well; we should hear from the majority of the people before this goes back on the agenda. Councilman VanDeventer said he was under the impression that once something has been denied, there is a certain period of time that must pass before it can be brought back. City Attorney Eiser said this relates to discretionary approvals, such as Conditional Use Permits; we can only amend the General Plan four times each year, and if this were initiated, it would have to be in conjunction with a General Plan Amendment. Vice Mayor Cooper said the Planning Com mission studied this, the proposed Zone Change was presented to a full Council, Council rejected the Zone Change and approved the PDP for a project in that area. ADJOURNMENT Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 7:00 p.m., September 8, 1987. Carried by unanimous vote. Absent: Pruitt. The meeting closed at 4:45 p.m. / CITY CLE K The foregoing minutes were approved at the regular meeting of September 8, 1987. Corrections No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA