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HomeMy WebLinkAbout1987 09-08 CC MINBook 68/Page 238 9/8/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 8, 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 Assistant City Manager Bolint, followed with invocation by Councilman Dalla. APPROVAL OF MINUTES Moved by Cooper, seconded by VanDeventer, the minutes of the regular meeting of September 1, 1987 be approved. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Pruitt. PROCLAMATIONS Moved by Cooper, seconded by VanDeventer, the Proclamations be read by title only. Carried by unanimous vote. Moved by Van Deventer, seconded by Cooper, in favor of these Proclamations. Carried by unanimous vote. UNITED STATES CONSTITUTION OBSERVANCE MONTH — month of September, 1987. MEXICAN INDEPENDENCE DAY — September 13, 1987. As no one was present to receive the proclamations, Mayor Waters gave them to the Assistant City Manager. MAYOR'S APPOINTMENTS SENIOR CITIZENS ADVISORY COMMITTEE RECOMMENDATION: The Mayor recommended reappointment of Leona E. Meyers and appointm ent of Lucy Ungab to the Senior Citizens' Advisory Com mittee. Vice Mayor Cooper presided over the appointments and said that Lucy Ungab had not been interviewed by Council; she was to have been present but is not; and suggested the item be trailed. There was consensus to trail the item. PUBLIC ORAL COMMUNICATIONS TEMPORARY USE PERMIT MICHAEL BAKE R, (Bob Baker auto agency, 22nd and National) was present and said they are replacing the Isuzu sales/showroom building; their contractor has advised them to have all personnel and equipment out of the building by Monday (September 14) as he will start demolition and construction; they would like to move their 10 salesmen to a trailer on the property for a period of 90 days; this is an emergency. Mayor Waters advised Council would have to decide if this was an emergency situation on which Council could act at this meeting, or if the item should be placed on the next agenda. It was noted that since the dealership came to the City there have been numerous "emergencies" which could have been avoided. Mr. Baker said foundation permit had been issued but that a building permit had not been --there were some changes to be made. The City Attorney said that Mr. Baker was told today that a Temporary Use Permit was required for use of the trailer, it could probably be walked through in a week; but for Council to act tonight, it would have to establish that the em ergency arose after the agenda was printed. ACTION: Moved by Van Deventer, seconded by Pruitt, we consider this an emergency. Further Council discussion and input from Fire Chief, Planning Director, and City Engineer. Moved by VanDeventer, seconded by Pruitt, we place this item on the agenda for next week and Mr. Baker fill out Book 68/Page 239 9/8/87 application for TUP and Council indicate they would be in favor of his TUP when the building permit is issued. Moved by Cooper, the motion be amended to approve the TUP but that it be issued only after the building permit is approved. Both the maker of the motion and the second agreed to the amendment. Amended motion carried by unanimous vote. Mr. Baker was advised to apply for a TUP in the morning. MAYOR'S APPOINTMENTS SENIOR CITIZENS ADVISORY COMMITTEE It was noted that Mrs. Lucy Ungab was in the audience. Vice Mayor Cooper presided and Mrs. Ungab was interviewed. ACTION: Moved by VanDeventer, seconded by Cooper, Leona Meyers be reappointed and Lucy Ungab be appointed to the Senior Citizens' Advisory Com mittee to terms expiring 8/31/89. Carried by unanimous vote. PUBLIC HEARING ASSESSMENT DISTRICT NO. 225 1. SUBJECT: The Public Hearing on the ASSESSMENT for Assessment District No. 225, improvement of alleys west of Wilson A venue fro m 18th Street to 22nd Street was held at this time. The City Clerk reported the Affidavit of Mailing, the Affidavit of Posting and the Certificate of Publication were on file and that no written protests were received. Robert E. Onley, Civil Engineering Associate, was present and displayed a plat of the exterior boundaries of the district, pointed out the improvements constructed, the numbers of the assessments on the various properties and said the total construction costs were $104,608.59; the incidental costs were $14,046.00; the total project costs were $118,654.59; Tess the City contribution of $59,706.59; leaving the total amount to be assessed $58,948.00. Mr. Onley continued he had assessed said total sum of $58,948.00 upon the several lots, portions of lots and parcels of land in said Assessm ent District 225 benefitted hereby to —wit: upon each respectively, in proportion to the estimated benefits to be received by each said lot, portion of lot, pieces of parcels of land the separate assessments hereinafter set forth. RECOM MENDATION: Staff recommends that Council hold the hearing, deny or overrule all protests and proceed to confirmation of the proceedings and the assessment. TESTIM ONY: Mrs. De Mara, 2018 Wilson Avenue, was present and inquired if the business across the alley would have to pay, they were the ones who used the alley. Mrs. DeMara also inquired how payment of her assessment was to be made. She was advised to see Mr. Onley in the morning. Mr. Onley said he would help her; he further made the point that the assessments were against the properties, not the people. ACTION: Moved by VanDeventer, seconded by Pruitt, the public hearing be closed and the assessments approved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,412 through 15,421) Vice Mayor Cooper requested Resolutions Nos. 15,417 and 15,420 be held over for a week. Moved by VanDeventer, seconded by Cooper, the consent resolutions with the exception of 15,417 and 15,420 be adopted. Carried by unanimous vote. Moved by Cooper, seconded by VanDeventer, Resolutions Nos. 15,417 and 15,420 be held for one week. Carried by unanimous vote. BUDGET FISCAL 87-88 2. Resolution No. 15,412, "A RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1987-88." Adopted. See above. PARKING/TRAFFIC SIGNS 3. Resolution No. 15,413, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF 'STOP' SIGN ON THE WESTERLY LEG OF 18TH STREET AT CLEVELAND AVENUE (TRAFFIC SAFETY COMMITTEE ITEM NO. 87-56)." Adopted. See above. DEED — STREET 4. Resolution No. 15,414, "A RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY FOR STREET PURPOSES (Northeast Corner of Harbison and 24th Street — Sanchez and Idano)." Adopted. See above. Book 68/Page 240 9/8/87 STREET DEDICATION Sr Resolution No. 1 415, " DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Portion of Harbison Avenue)." Adopted. See above. PARKING/TRAFFIC 6. Resolution No. 15,416, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING ONE ON —STREET HANDICAPPED PARKING SPACE AT 126 EAST 20TH STREET (Mrs. Helene Tipton). Adopted. See above. PARKING/TRAFFIC SIGNS 7. Resolution No. 15,417, "Resolution adopting 'YIELD', 2—way 'STOP' and 4—way 'STOP' signs installation policies (Traffic Safety Committee 87-49)." Held over for one week. See above. PARKING/TRAFFIC 8. Resolution No. 15,415, "RESOLUTION AUTHORIZING ESTABLISHMENT OF A 30—MINUTE LIMITED PARKING ZONE ON THE SOUTHSIDE OF 2ND STREET, EAST OF HIGHLAND AVENUE (Traffic Safety Committee 87-59)." Adopted. See above. CONTRACT — STREET — RIGHT OF WAY — ENCROACHMENT 9. Resolution No. 15,419, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT REMOVAL AGREEMENT AT SOUTHWEST CORNER OF 22ND AND 'K' AVENUE (Sprague)." Adopted. See above. PARKING/TRAFFIC 10. Resolution No. 15,420, "RESOLUTION ADOPTING WARRANTS FOR PEDESTRIAN CROSSWALKS INSTALLATION (Traffic Safety Committee 87-50)." Held over one week. See above. ASSESSMENT DISTRICT NO. 225 11. Resolution No. 15,421, "RESOLUTION CONFIRMING ASSESSMENT ROLL DISTRICT NO. 225, ALLEY — 18TH STREET TO 22ND STREET WEST OF WILSON AVENUE." Adopted. See above. ORDINANCE FOR INTRODUCTION Moved by Dalla, seconded by VanDeventer, the ordinance be presented by title. Carried by unanimous vote. MUNI CODE — ENGINEERING FEES 12. An Ordinance amending Chapter 17.24 of the National City Municipal Code relating to filing and processing fees. ORDINANCE FOR ADOPTION Moved by Dalla, seconded by VanDeventer, the ordinance be presented by title. Carried by unanimous vote. ZONING — MUNI CODE 13. Ordinance No. 1928, "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." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1928 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGMT 14. SUBJECT: WARRANT REGISTER NO. 09, dated September 1, 1987, Ratification of Demands in the amount of ;290,204.97 (Warrants Nos. 97913 through 97983). RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the Warrant Register be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. CLAIMS 15. SUBJECT: Claim for Damages of DENE AIKMAN. RECOMMENDATION: Staff recommends this claim be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, it be denied and referred to the City Attorney. Carried by unanimous vote. Book 68/Page 241 9/8/87 WRITTEN COMMUNICATIONS ASSESSM ENT DISTRICT (Petition for) 16. SUBJECT: Petition for the Improvement of Alley 116 (IRVING COURT) under special assessment proceedings was filed with the City Clerk on September 1, 1987; the improvements desired are paving with PCC and incidental work. RECOMMENDTION: Staff recommends that Council ratify the City Clerk's referral of the petition to the Engineering Departm ent. ACTION: Moved by Dalla, seconded by Van Deventer, the referral be ratified. Carried by unanimous vote. TEMPORARY USE PERMIT 17. SUB J E CT: Radio Latina's permit application for a fireworks display on September 13, 1987 (Mexican Independence Day celebration) has been reviewed by the Fire Dept. and found acceptable except for liability insurance coverage of ;1 million rather than ;5 million required by City. RECOM MENDATION: Staff recommends that as it appears no fireworks supplier is able to provide the required amount of liability coverage, approve the fireworks display permit. A CTION: Moved by Van Deventer, seconded by Cooper, the permit be approved subject to all stipulations of staff. Carried by unanimous OTHER BUSINESS CITY MEMBERSHIP 18. SUBJECT: The League Of California Cities requests that each city designate a voting representative and alternate who will be present at the Business Session of the Annual Conference in San Francisco, October 4-7, 1987. RECOMMENDATION: Staff recommends that Council designate a representative and an alternate. ACTION: Moved by Cooper, seconded by Dalla, Councilman VanDeventer be designated as the voting delegate and Councilman Pruitt the alternate. Carried by unanimous vote. WASTE WATER MANAGEMENT 19. SUBJECT: Proposed sale of portion of existing National City METRO SEWER CAPACITY. Supervisor Bilbray has requested the City sell a portion of its excess capacity of 2.0 to 3.0 million gallons per day to the County. RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to open negotiations with the County, METRO and/or any other agencies to explore the value and viability of sale of any excess sewer capacity. No commitment to sale could be made with specific authorization of Council. ACTION: Discussion. Moved by Cooper, seconded by Pruitt, in favor of Staff's recommendation. Carried by unanimous vote. CITY FACILITY/CIVIC CENTER 20. SUBJECT: The City Manager's program (short term and long range) for use of the display space in the first floor trophy case. RECOM MENDATION: Staff recommends that if desired, Council direct the City Manager to implement the short and long term usage plans described, with flexibility to adjust the displays as the City's information needs change. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of the recommendation and the City Manager will take care of this. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR ANIMAL CONTROL Mayor Waters spoke of Imperial Beach's resolution to the Board of Supervisors on the use of unclaimed animals at the County Pound for research and asked if Council wanted to file or have it on a future agenda. Moved by Cooper, seconded by Pruitt, it be on next week's agenda. Carried by unanimous vote. Book 68/Page 242 9 /8 /87 COMMUNITY PROMOTION — CENTENNIAL Mayor Waters reported that Edith Hughes (Chair, Centennial Committee Parade) made arrangements for an appearance on SUNUP (TV program) on September 17, 1987; and said those who wished to participate should be in the office of the Chamber of Commerce at 7:00 a.m. and no Centennial Costume would be required. COMMUNITY PROMOTION — CENTENNIAL Mayor Waters announced that at the next regular Council m eeting (September 15) they would be re—enacting the signing of the Constitution (as part of the Constitutional Bicentennial celebration) and requested the wearing of Centennial Costumes. LITIGATION Mayor Waters announced the City Attorney just settled the Avalos case for $7500; they had sought a million. CITY COUNCIL PERMITS AND LICENSES Councilman Pruitt suggested a handbook, or pamphlet, be prepared explaining requirements for DSG (Building, Planning and Engineering), something that would be helpful to the public, contractors, etc. City Engineer Stafford said this has been discussed at DSG meetings and they will have one shortly. Councilman Pruitt spoke of his vacation and said that he had caught a lot of fish but not a marlin. LITIGATION Councilman Dalla spoke of the Avalos' lawsuit and the headlines "MILLION DOLLAR LAWSUIT° which were generated, saying just because a suit is brought against the City in a large dollar amount does not mean there is merit to the suit, anyone can file a suit. Mr. Dalla said the City Attorney is doing a much better job than the one we had before. PERMITS AND LICENSES Councilman Van Deventer referred to Councilman Pruitt's suggestion and said DSG has been working on that. CLOSED SESSION — PERSONNEL Moved by Cooper, seconded by Pruitt, in favor of a closed session to discuss personnel matters. Carried by unanimous vote. Council left Chambers at 8:12 p.m. Council reconvened at 8:33 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. ADJOURNMENT Moved by Cooper, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m., September 15, 1987. Carried by unanimous vote. The meeting closed at 8:34 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of September 15, 1987. Corrections No corrections CITY OF NATIONAL CITY, CALIFORNIA I