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HomeMy WebLinkAbout1987 12-08 CC MINBook 69/Page 49 12/8/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 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, 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 Vice Mayor Dalla. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Pruitt, the minutes of the regular meetings of November 24 and December 1, 1987 be approved. Carried by the following vote, to —wit: Ayes: Dalla, Pruitt, Van Deventer, Waters. Nays: None. Abstaining: Cooper. PORT DISTRICT — MARINA Port District Commissioner Delton Reopelle, 801 Ethel Place, was present and said the Port Commission has endorsed the (marina) feasibility study; staff sent out RFP's and received three written proposals; it was recommended that the contract be awarded to Affinas Corp. for $15,000; the environmental study will start im mediately and will take about 90 days. Mayor Waters said Santa Fe would like to work with the Port District in developing their 25 acres; possibly we can have a joint meeting with Santa Fe, the Port District and the City Council. POST OFFICE Mayor Waters reported he and Councilman Cooper met with Congressman Bates; Sue Reed (Post Office) is working to take up the slack until the property is acquired to expand the parking lot at the National City Post Office; there are three contract postal stations in the City: 1625 Sweetwater Rd., 3403 E. Plaza Blvd. and 2030 National City Blvd.; Plaza Bonita opened one for the holidays at the North entrance to J. C. Penney; we have advertised to acquire additional land around the post office to use for parking, and are negotiating in response to offers received; it is important that no one get involved in the negotiations. INTERVIEWS BD COMM CIVIL SERVICE COMMISSION Vice Mayor Dalla presided. No applicants were present to be interviewed. Mr. Dalla said said this would be on next week's agenda and if no one comes forward, an appointment will be made from those who have been interviewed. PUBLIC HEARINGS VARIANCE — FOR THE RECORD — CONFLICT OF INTEREST 1. SUBJECT: Public Hearing on appeal of the Planning Commission's denial of Zone Variance Application for expansion of a medical clinic into 1,513 sq. ft. of existing, unused floor area at 1136 'D' Ave., with reduction in required num ber of off—street parking spaces from 28 to 16; Applicant: San Ysidro Health Center, Case File No. Z-5-87. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission voted to deny the application; staff concurs with the Planning Commission's denial. FOR THE RECORD: Mayor Waters said we have letters from the National City Jr. High School Nurse, William J. Ortman, Pastor, St. Mary's Church and Bartholemew ? , Bishop to the Catholic International, in support of the clinic. TESTIM ONY: The following people were present and spoke in favor of the variance: Donald F. McLean (Attorney for Applicant); Gabrielle Arce, Director, San Ysidro Health Center, 4004 Beyer Blvd., San Ysidro; Alene Turner, Director of Development, National City Family Health Book 69/Page 50 12/8/87 Center; Mary Jo Hart, Nursing Supervisor, National City Family Health Center, 4053 8th Ave., San Diego; Dr. Greg Tolivera, Medical Director, National City Family Health Center, 1136 'D' Ave.; Alphonso Dilesio, 1317 'D' Ave.; Fred Sterling, Kimball Towers; Larry Zumstein, Vice President Finance, Paradise Valley Hospital, 3950 Country Trails, Bonita; ? Haskall, 1141 'D' Ave.; Mary McGuire, 1415 'D' Ave.; Lola Williams, Kimball Towers; Jean Miller, 2504 'D' Ave. The following people were present and spoke in opposition: Georgia Guarano, 410 Harbison Ave.; Mitchell Guarano, 410 Harbison Ave.; Sam my Lynch, 1106 'D' Ave.; Fernando Zambrano, 1042 'D' Ave.; Henry Sariano, 1130 'D' Ave.; Patricia Romero, 239 E. 12th St.; ? Romero, 239 E. 12th St. ACTION: Moved by Van Deventer, seconded by Pruitt, the Public Hearing be closed with the stipulation of numerous conditions: parking would be worked out with the staff of the City of National City (to use twelve spaces at the Seniors' Center, to include the various requirements for insurance and a Hold Harmless Agreement, and include a limitation of time upon the happening of some events such as the need by the Seniors to use the Seniors' Center in the future), at a cost; that permit parking would be on 'C' Avenue and 'D' Avenue (between Plaza and 12th, between the hours of 6:00 a.m. and 6:00 p.m.); and that there would be a review period (relating to the parking situation, the parking problems in the area and the review of the amount of patient increase over their records that they will supply staff at present) for the next three years, every six months, any cost to staff would be beared by the bearers of the request and they would also send to Traffic Safety the total front property frontage on the street would be marked totally for unloading only. CONFLICT OF INTEREST: Vice Mayor Dalla said he lives on 'C' between Plaza and 12th so he would abstain. Motion carried by the following vote, to —wit: Ayes: Cooper, Pruitt, VanDeventer. Nays: Waters. Abstaining: Dalla. Mayor Waters called a recess at 8:55 p.m. Council reconvened at 9:08 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. VARIANCE 2. SUB JE CT: Public Hearing for reconsideration of Zone Variance Application (Z-4-87) to allow the 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. 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 Com mission's approval. TESTIMONY: Greg McPartland was present and spoke in favor. ACTION: Moved by Pruitt, seconded by Cooper, in favor of this application subject to the applicant being able to work out and mitigate any circum stances to bring it up to com mercial use and all conditions for the Zone Variance, including the requirements of the Building & Safety Dept, and the Public Hearing be closed. Councilman VanDeventer asked if it would be more proper if the makers of the motion and second would agree to hold it over until he (Mr. McPartland) applied for his business license and let him come back with a review at that time. Mayor Waters requested a 30—day delay on this. Motion and second withdrawn from first motion. Carried by unanimous vote. FLOOD CONTROL 3. SUBJECT: Public Hearing on proposed Amendment to Title 18 (Zoning) of the Municipal Code to comply with new requirements of the National Flood Insurance Program. The City Clerk reported the Certificate of Publication was on file. Book 69/Page 51 12/8/87 RECOMMENDATION: The Planning Commission recommended approval of the proposed Code Am endment; staff concurs with the Planning Commission's recommendation. No one was present in this regard. ACTION: Moved by Cooper, seconded by Van Deventer, the Public Hearing be closed and this insurance be approved as per the Planning Commission's recommendation. Carried by unanimous vote. SOLID WASTE MANAGEMENT 4. SUBJECT: Public Hearing on proposed amendment to Title 18 (Zoning) of the Municipal Code relating to recycling collection facilities. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission recommended that the City Council approve the proposed amendment; staff recommended that the City Council approve the proposed amendment. No one was present in this regard. ACTION: Moved by Dalla, seconded by Pruitt, if this meets our requirement for January 1 implementation, we go ahead and adopt this and refer that other question (warehousing and storage of materials) to the Planning Commission and Planning staff and they can come back with whatever amendments would be deemed appropriate at that time, and the Public Hearing be closed. City Attorney Eiser said this item is on the agenda for introduction of the Ordinance; there is a redundancy as far as the definitions; he recommended that Section II be deleted to elim inate the redundancy. Motion and second agreed to this deletion. Motion carried by unanimous vote. SUBDIVISION 5. SUBJECT: Public Hearing on Tentative Subdivision Map (S-3-87) for a 21—unit condominium project on the west side of 'V' Ave., between 5th & 7th Streets; Applicant: Victor Rodriguez. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Commission recommended that Council approve the tentative map; staff concurs with the Planning Com mission's recommendation. No one was present in this regard. ACTION: Moved by Van Deventer, seconded by Cooper, the Public Hearing be closed and concur with the Planning Com mission's recommendations. Carried by unanimous vote. ASSESSMENT DISTRICT 224 6. SUBJECT: Public Hearing on Assessment Roll District No. 224, 22nd St., 'J' Ave. to 'K' Ave. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file, and one written protest was received from Angelica Vallin. RECOM MENDATION: Staff recommended that Council hold the hearing, deny or overrule all protests and proceed to confirmation of the proceedings and the assessm ent. Civil Engineering Assoc. Robert Onley was present, displayed a map of the district and outlined the costs (construction costs — $41,339.28; incidental expenses — $11,178.00; total costs — $52,517.28; City's contribution — $12,258.28; total to be assessed — $40,259.00). TESTIM ONY: Caesar Del Rio, 2141 'J' Ave. was present and spoke. ACTION: Moved by Cooper, the Public Hearing be closed and all protests overruled. Carried by unanimous vote. ASSESSMENT DISTRICT 227 7. SUB JE CT: Public Hearing on Assessment Roll District No. 227, water improvements, 'I' Ave. The City Clerk reported that the Certificate of Publication and Affidavit of Mailing were on file and no protests were received. RECOM MENDATION: Staff recommended that Council hold the hearing, deny or overrule all protests and proceed to confirmation of the proceedings and the assessment. No one was present in this regard. Civil Engineering Assoc. Robert Onley displayed a map of the district and outlined the costs (construction costs — ;41,400.00; incidental expenses — $9,781.00; total cost — $51,181.00; City's contribution — $24,041.00; total assessment — ;27,140.00). ACTION: Moved by Cooper, seconded by Van Deventer, the Public Hearing be closed, any protests overruled and proceed with the confirmation of the proceedings and the assessm ent. Carried by unanimous vote. Book 69/Page 52 12/8/87 ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,470 through 15,473) Vice Mayor Dalla requested that No. 11 (15,473) be considered separately. Moved by VanDeventer, seconded by Dalla, the Consent Resolutions (except 15,473) be adopted. Carried by unanimous vote. PARKING/TRAFFIC SIGNS 8. Resolution No. 15,470, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 'NO PARKING' SIGNS AT THE SOUTHEAST CORNER OF PALMER STREET AND PALMER WAY INTERSECTION (TRAFFIC SAFETY COMMITTEE ITEM NO. 87-77)." Adopted. See above. ASSESSMENT DISTRICT 224 9. Resolution No. 15,471, "A RESOLTUION CONFIRMING ASSESSMENT (ASSESSMENT DISTRICT NO. 224 — 22ND STREET, 'J' AVENUE TO 'K' AVENUE)." Adopted. See above. ASSESSMENT DISTRICT 227 10. Resolution No. 15,472, "A RESOLUTION CONFIRMING ASSESSMENT (ASSESSMENT DISTRICT NO. 227 — 'I' AVENUE WATER IMPROVEMENTS)." Adopted. See above. CONTRACT — SIDEWALKS, CURBS, GUTTERS 11. Resolution No. 15,473, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ALEX MC LINTOCK, INC. TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALEX MC LINTOCK, INC." (removal and replacement of sidewalk, curb and gutter, and installation of pedestrian ramps at various locations) Moved by Dalla, seconded by VanDeventer, we go with alternative 2 (transfer $5,915.96 from 50/50 sidewalk program, CIP project No. 6032). Carried by unanimous vote. ORDINANCE FOR INTRODUCTION Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. MUNI CODE — ZONE 12. "An Ordinance of the City of National City, California, amending Title 18 (Zoning) of the National City Municipal Code to permit recycling collection facilities." NEW BUSINESS FINANCE MGMT 13. SUBJECT: WARRANT REGISTER NO. 22, dated December 1, 1987, Ratification of Demands in the amount of (Warrants Nos. 99023 through 99064), and CERTIFICATION of PAYROLL for the period ending November 16, 1987, in the amount of $350,902.65. RECOMMENDATION: Staff recommended 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 14. SUBJECT: Application for Leave to File Late Claim of Florence Labo. RECOMMENDATION: Staff recommends this be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by VanDeventer, this be denied and referred to the City Attorney. Carried by unanimous vote. PERMITS AND LICENSES 15. SUBJECT: Application for Person Transfer, Type 21, off —sale general type license, authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold of Hermiz T., Nabeel and Wissam H. Kassab, 3106 E. 16th St., dba Imperial Liquor. 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 that this license be protested until Book 69/Page 53 12/8/87 such time as the following is accomplished: all temporary signs attached to the front building wall shall be removed; future use of temporary signs shall be pursuant to issuance of a building permit for the installation of sign boards as required by Code; area of required landscape adjacent to property line on 16th St. shall be weeded and replanted with shrubs as originally required to screen parking. A CTIO N: Mo ved by Dalla, seconded by Cooper, this license be protested until the conditions enumerated by staff are met, with a landscape maintenance provision added. Carried by unanimous vote. WRITTEN COMMUNICATIONS BUDGET FY87-88 16. SUBJECT: A letter from the National City Com munity Action Network requesting a $250 donation to help support the efforts of the National City Spirit of the Holidays program. RECOMMENDATION: None. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. OTHER BUSINESS PARKING/TRAFFIC 17. SUBJECT: Report of the Traffic Safety Committee from their meeting of November 11, 1987. RECOMMENDATION: Staff recommended this report be received and filed. ACTION: Ordered filed by unanimous vote. CITY —OWNED PROPERTY 18. SUB J E CT: Lease of City —owned property at 23rd & McKinley (Fierro Construction Co. has requested a new lease to be effective at the expiration of the existing lease; it is intended to have a lease appraisal performed; upon approval by Council, Thomas L. Roberts will be authorized to perform the appraisal report at a cost of $1,200; a recommendation will then be placed on the next available agenda.) RECOMMENDATION: Staff recommended that staff be authorized to order the appraisal and proceed as outlined. ACTION: Moved by VanDeventer, seconded by Dalla, in favor of staffs recommendation. Carried, by the following vote, to —wit: Ayes: Dalla, Pruitt, VanDeventer, Waters. Nays: -blare. rw..c, a,:.t CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR TRANSPORTATION Mayor Waters reported he met with Captain ? , Commanding Officer of the Naval Station and took him on a tour of the City; he was here several years ago, was sent to the Atlantic coast, and is now back again; he thinks the Mayor, Council and staff is doing an excellent job and the City looks outstanding; Capt. ? offered us free additional parking at the 8th St. Trolley Station; he has referred this to Councilman Cooper, our MTDB representative. Mayor Waters reported he met with Admiral Hatcher and took him on a tour of the City; he was very happy with the things the City does for the Navy, and said if there is anything the Navy can do to help the City, we should feel free to call on them. POLICE PROTECTION Mayor Waters read into the record a letter com mending Police Officer James Dunn (see Exhibit "A" attached). CITY COUNCIL PERSONNEL — SOLID WASTE MANAGEMENT Councilman VanDeventer commended Building & Safety Director Reid on the way he handled the trash enclosure problem at 2005 Highland Ave. Book 69/Page 54 12/8/87 PUBLIC ORAL COMMUNICATIONS STEVE MC PHERSON, 1705 National City Blvd. and PATTY HURLEY, 3869 Grandview Place, were present to request Council's reconsideration of the murals at Auto Locaters, 1705 National City Blvd.; they have new information, but are not prepared to present it tonight; they would like to be placed on next week's agenda. Moved by Cooper, we reconsider this. Motion died for lack of second. Mr. McPherson and Ms. Hurley were advised they should go through the public hearing process and try to get the sign ordinance changed through the Planning Commission. Moved by Cooper, we put this on the agenda for next week. Motion died for lack of second. CITY FACILITY/GYMNASIUM/COMMUNITY BLDG TERRY HANKS, 1005 Buena Vista, Spring Valley, was present and said he has a matter pending on the agenda for next week; after communicating with Parks & Recreation Director Ruiz and Public Works Director Williams, he would like to change it and request the use of the Community Bldg. instead of the gymnasium. City Manager McCabe said Mr. Hanks should initiate a formal withdrawal and change and it will be put on the agenda as soon as possible. EXECUTIVE SESSION/LITIGATION Closed Session for pending litigation under Government Coide Section 54956.9(A), Claim of Enrique Robledo. Moved by Cooper, seconded by Van Deventer, in favor of the Closed Session. Carried by unanimous vote. Council went into closed session at 10:35 p.m. Council reconvened at 10:41 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Moved by Cooper, seconded by VanDeventer, we approve the proposed settlement of claims of Enrique Robledo and Esperanza Robledo, and direct staff to commence steps necessary for the City to dispose of property; the terms of the settlement: 1. The City pays $135,000 to claimants; 2. Claimants convey property to the City; 3. Claimants will not pursue claims against the City. Carried by unanimous vote. ADJOURNMENT Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 4:00 p.m., December 15, 1987. Carried by unanimous vote. The meeting closed at 10:43 p.m. j CITY CLER The foregoing minutes were approved at the regular meeting of December 15, 1987. v Corrections H / 7 - 5-5 al No corrections CITY OF NATIONAL CITY, CALIFORNIA THIS MEETING WAS TAPE RECORDED. ANYONE MAY LISTEN TO THE RECORDING AT THE LIBRARY OR THE CITY CLERK'S OFFICE. YOU MAY PURCHASE A COPY OF THE TAPE AT THE CITY CLERK'S OFFICE. Exhibit "A" Book 69/Page 55 October 15, 1987 City of National City National City Police Department Chief of Police Terry Hart 1200 "A" Avenue National City, Ca. 92050 Dear Sir: On September 14, 1987 I was mugged and robhed by a young black male in the parking lot at Ralph's supermarket in National City. Needless to say, it was a terrifying experience. Ralph's personnel telephoned the National City Police Department and officer James Dunn responded. I was very shaken and in physical pain from the fall caused by the attacker. Officer Dunn asked me routine questions regarding the incident. However, he did more than just take a "report.;' He took the time to counsel me and showed empathy and compassion. He was very kind and helped me to put this horrible experience into perspective. I just wanted to take this opportunity to express my sincere thanks to Officer Dunn for his professionalism and "humaness:" As an aside I was subsequently taken to the hospital emergency room and was released shortly thereafter. I am fine now. The National City Police Department is indeed fortunate to have an officer of Dunn's calibre. Keep up the good work and "Keep the Peace!!' Sincerely, Jane S. Norman 2839 "N" Avenue National City, Ca. 92050 cc: Mayor George Waters