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HomeMy WebLinkAbout1987 04-14 CC MIN` 1 Book 68/Page 100 4/14/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA A P RIL 14, 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, Van Deventer, Waters. Absent: None. Administrative officials present: 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 the Rev. Wilfred Reyna, Paradise Valley Hospital Chapel. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of April 7, 1987 be held over one week. Carried by unanimous vote. MAYOR'S APPOINTMENTS BD COMM — FOR THE RECORD LIBRARY BOARD OF TRUSTEES RECOMMENDATION: Mayor Waters recommended that Aida Rodriguez and Erlinda Vitlarta be appointed to fill two unexpired terms ending June 30, 1988. ACTION: Moved by Pruitt, seconded by Waters, in favor of appointing Aida Rodriguez. FOR THE RECORD: Mayor Waters said since there are some questions in some people's minds, he will give Mrs. Rodriguez the opportunity to serve for one year, and if it doesn't work out, he will, at that tim e, m ake other arrangem ents. ACTION: Motion carried by unanimous vote. ACTION: Moved by Van Deventer, seconded by Pruitt, in favor of appointing Erlinda Villarta. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE RECOMMENDATION: Mayor Waters recom mended that Paul Rinks be appointed to fill an unexpired term ending December 31, 1987. FOR THE RECORD: Mayor Waters said if Mr. Rinks doesn't work out between now and December 31, he will replace him if Council finds anything wrong with him in the way he performs his duties. ACTION: Moved by Pruitt, seconded by Waters, in favor of this appointment. Second and motion withdrawn. Moved by Cooper, seconded by Van Deventer, we leave Roy Fierro on the Traffic Safety Committee and we appoint Paul Rinks to the Advisory and Appeals Board. Carried by unanimous vote. City Manager McCabe introduced the new Administrative Asst., David Garza, who was present in the audience. PUBLIC ORAL COMMUNICATIONS - ZONE M R. BA RZANJ Y was present and spoke of his appearance at Council last week regarding his efforts to open an auto body shop in a building smaller than the required 7,500 sq. ft.. Mayor Waters said he discussed this with the owner of the property, and advised her that if the law requiring 7,500 sq.ft. is a detriment to the owners of older properties, they have a right to request a public hearing before the Planning Commission; if the Planning Commission denies the request, it can be taken to the City Council. Mr. Barzanjy continued, he measured the property and it is 60' x 100' (6,000 sq. ft.) which is pretty close to the 7,500 sq. ft. requirem ent. ACTION: Moved by Van Deventer, seconded by Cooper, we refer this to the Planning staff whereas the detriment and the problem that is going to affect a lot of business locations in the City, and start it back through, and staff come back with a report in two weeks. Carried, by the following vote, to — wit: Ayes: Cooper, Pruitt, Van Deventer, Waters. Nays: Dalla. Book 68/Page 101 4/14/87 PUBLIC HEARINGS SUBDIVISION 1. SUBJECT: Public Hearing on tentative subdivision map application for 18 single—family residential lots on 4.79 acres in the area east of Shell Ave., north of Lou St. and west of the terminus of Peach Blossom St. (Developer: Islander Partnership). The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOMMENDATION: The Planning Com mission recom mended approval; staff concurs with the Pllaning Com mission's recommendation with the addition of one condition. TESTIM ONY: Fred Puhn, 425 Shell Ave., was neither for nor against, but suggested improvements to the proposed project. Don McLean (attorney representing Islander Partnership) said he believes the current plan responds to the concerns of the neighbors 100%. Jim Salidares, 3423 Lou St., was neither for nor against, but questioned possible erosion, drainage problems and the 25' embankment. Edward Wade, 3427 Lou St. was neither for nor against, but questioned the drainage. Councilman VanDeventer said we need to address the issues of the bond, the problem with the vegetation the area of the brow ditch, the retaining wall if needed, and the fencing of the surrounding complex as far as being a problem with the neighbors,_ with the drainage to be one. of the first improvements completed, and the fence to be decorative masonry. ACTION: Moved by Van Deventer, seconded by Cooper, the public hearing be closed, and those are added conditions. There was consensus that all site, building, grading and drainage plans be brought back to the City Council for approval prior to recordation of the final map. Motion carried by unanimous vote. Mayor Waters requested Item 13 be considered at this tim e. ORDINANCE FOR ADOPTION Moved by VanDeventer, seconded by Pruitt, the Ordinance be presented by title only. Carried by unanimous vote. MUNI CODE 13. Ordinance No. 1916, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.44 TO THE NATIONAL CITY MUNICIPAL CODE, RELATING TO THE POSTING OF SIGNS WHERE ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE EFFECT OF ALCOHOL DURING PREGNANCY." TESTIM ONY: Teresa Pelayo, South Bay Alcohol Recovery Services, spoke in favor. ACTION: Moved by Cooper, seconded by VanDeventer, Ordinance No. 1916 be adopted. Carried by unanimous vote. Mayor Waters called a recess at 8:36 p.m. Council reconvened at 8:45 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. OLD BUSINESS CITY FACILITY/POLICE FACILITY 14. SUBJECT: The City Manager's report on recommendation of (Starboard Developm ent Co.) developm ent firm for further police facility review and discussions. RECOMMENDATION: The City Manager's office is in concurrence with the conclusions and recommendations of the C.I.P. Committee; in particular, it is recom mended that staff be authorized to proceed as outlined in initiating discussions with Starboard Development Company, with a 30—day time limit for them to come back and advise Council. ACTION: Moved by Cooper, seconded by Van Deventer, in favor of staff's recom mendation, and the present site of Colonial Ford be considered also in the study (amended motion). Carried by unanimous vote. Book 68/Page 102 4/14/87 PUBLIC HEARINGS (CONTINUED) CONDITIONAL USE PERMIT 2. SUBJECT: Public Hearing on appeal of Planning Com mission's denial of Conditional Use Permit application to allow the sale of used furniture and appliances at 733 E. 3rd St.; Applicant: Joseph E. Feno, Case File No. CUP- 1986-20. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. RECOM MENDATION: The Planning Com mission denied the application; staff concurs with the Planning Commission's denial. TESTIMONY: None. ACTION: Moved by Van Deventer, seconded by Pruitt, the public hearing be closed, and concur with staff's decision and Planning Commission denial. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,265 through 15,274) Moved by Van Deventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Councilman VanDeventer requested No. 6 be considered separately, saying he would abstain; the City Engineer requested No. 8 be held over for 30 days; Councilman Dalla requested No. 12 be considered separately; Mayor Waters requested No. 11 be considered separately. Moved by Dalla, seconded by VanDeventer, the Consent Resolutions (except Nos. 6, 8, 11 and 12) be adopted. Carried by unanimous vote. PARKING/TRAFFIC 3. Resolution No. 15,265, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING ONE ON —STREET HANDICAPPED PARKING SPACE ON THE NORTH SIDE OF 6TH STREET ADJACENT TO THE GOOD SAMARITAN CHURCH AT 543 NATIONAL CITY BOULEVARD." Adopted. See above. TRANSPORTATION/NATIONAL CITY WHEELS 4. Resolution No. 15,266, "A RESOLUTION AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS, AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TDA ARTICLE 4.5 FUNDS FOR NATIONAL CITY WHEELS." Adopted. See above. PARKING/TRAFFIC SIGNS 5. Resolution No. 15,267, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE AREA ON GRANGER AVENUE FROM 20TH STREET TO 24TH STREET AS A 'NO PARKING — SWEEPING' ZONE AND AUTHORIZING INSTALLATION OF APPROPRIATE SIGNS THEREFOR." Adopted. See above. CONTRACT — ASSESSMENT DISTRICT 225 7. Resolution No. 15,269, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING T.B. PENICK & SONS TO BE THE LOWEST RESPONSIBLE BIDDER AND°' AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH T.B. PENICK & SONS (construction of alley, 18th to 22nd Streets west of Wilson Ave., and 21st St., west of Wilson Ave., Assessment District 225)." Adopted. See above. TRANSPORTATION 9. Resolution No. 15,271, "A RESOLUTION AUTHORIZING SUBMISSION OF NATIONAL CITY'S TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 1988-1992." Adopted. See above. TRANSPORTATION 10. Resolution No. 15,272, "A RESOLUTION AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TRANSPORTATION DEVELOPM ENT ACT FUNDS FOR FY 1988." Adopted. See above. CONTRACT — SUBDIVISION — CONFLICT OF INTEREST 6. Resolution No. 15,268, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN J. A. AND J. D. WIRTZ DEVELOPERS AND THE CITY OF NATIONAL CITY (property located west side of Grove St., between 14th and 16th Streets)." Moved by Dalla, seconded by Cooper, Resolution No. 15,268 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. Book 68/Page 103 4/14/87 PARKING/TRAFFIC 8. Resolution No. 15,270, "A Resolution of the City Council of the City of National City designating the north —south alley between 'B' and 'C' Avenues, 7th and 8th Streets as 'One —Way' in the south to north direction (TSC-87- 16a)." Moved by Dalla, seconded by Van Deventer, this be tabled for 30 days. Carried by unanimous vote. POLITICAL SUPPORT 11. Resolution No. 15,273, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENCOURAGING THE CALIFORNIA COASTAL COM MISSION TO APPROVE FEDERAL MATCHING FUNDS FOR THE DEVELOPMENT OF AN ESTUARY VISITORS CENTER IN THE CITY OF IMPERIAL BEACH." Moved by Cooper, seconded by Van Deventer, Resolution No. 15,273 be adopted. Carried by unanimous vote. ANNEXATION 12. Resolution No. 15,274, "A Resolution of the City Council of the City of National City, California, initiating procedures for a reorganization to be known as the Western Valley Road Reorganization." Moved by Cooper, seconded by Dalla, this be held for two weeks and the Planning Director and the City Attorney check this out and see if LAFCO can initiate this. Carried by unanimous vote. NEW BUSINESS FINANCE MGMT 15. SUBJECT: WARRANT REGISTER NO. 40, dated April 7, 1987, Ratification of Demands in the amount of $284,457.91 (Warrants Nos. 96082 through 96151), and CERTIFICATION of PAYROLL for the period ending March 23, 1987, in the amount of $325,967.80. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by Dalla, the bills be ratified and the payroll certified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Van Deventer, Waters. Nays: None. CLAIMS/LITIGATION 16. SUBJECT: The Claims for Damages of Cathy Lemly & Diana Foshey, 17. The Claim for Damages of Steve Herrera, and 18. The Claim for Damages of Robert Armstrong (deceased) and his heirs: Susan Armstrong, Robert Armstrong, Jr. and Linda Tune. 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. WRITTEN COMMUNICATIONS PUBLIC REQUEST/COMPLAINT 19. SUBJECT: Letter to Mayor Waters and the City Council from Ms. Petra Barajas (regarding her impounded car which the Police Dept. had towed). RECOMMENDATION: None. TESTIM ONY: Petra Barajas, P. O. Box 5013, Chula Vista, spoke against the impound. Mrs. Barajas was advised to contact Moynahan's Towing, and if there are any costs involved which she feels are improper, she can file a claim against the City; there is no need to surrender her pink slip or her registration. ACTION: Ordered filed by unanimous vote. OTHER BUSINESS PLANNED DEVELOPMENT PERMIT — ZONE VARIANCE 20. SUBJECT: Planning Commission Notice of Decision, Resolution No. No. 10-87, approving Planned Development Permit application for an 11,604 sq. ft. shopping center, and Resolution No. 11-87, approving Zone Variance application to allow a 10' wide setback adjacent to a "paper" street having only a portion of its required width dedicated at 1545 Harbison Ave.; Applicant: Mehrad Beghbeh, Case File Nos. P D-2-87 & Z-1-87. Book 68/P age 104 4/14/87 RECOMMENDATION: The Planning Commission approved; staff concurs with the Planning Com mission and recom mends the Notice of Decision be filed. ACTION: Moved by Van Deventer, seconded by Dalla, this be set for public hearing. Carried by unanimous vote. SURPLUS PROPERTY 21 . SUBJECT: The City Engineer's request for a meeting of the Real Estate Com mittee. RECOMMENDATION: Staff recommends Council set a time and date for a meeting of the Real Estate Committee. ACTION: Moved by Dalla, seconded by Cooper, this item be added to the next appropriate agenda and take it up at that time. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF BD COMMISSION The City Clerk requested direction from Council on scheduling interviews for the Civil Service Commission and Planning Commission; she has three new applications for Planning Commission and no new applications for Civil Service Commission, but there are prior active applications from people who have been interviewed. There was consensus to hold interviews in two weeks. CITY CLERK The City Clerk read into the record the Deputy District Attorney's letter to City Attorney Eiser dated March 23, 1987 (See Exhibit "A" attached.). MAYOR — No report. CITY COUNCIL — No reports. EXECUTIVE SESSION — LITIGATION — PERSONNEL City Attorney Eiser reported there was an Executive Session listed on the agenda to discuss personnel matters, and pending litigation to discuss the matter of Erick Ibanez vs the City of National City, under Government Code Section 54956.9(A). Moved by Van Deventer, seconded by Cooper, in favor of the Executive Session. Mayor Waters said he would attend the closed session on pending litigation only. Carried by unanimous vote. Council went into Executive Session at 9:35 p.m. Council reconvened at 9:46 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, Van Deventer. Absent: Waters. ADJOURNMENT Moved by Cooper, seconded by Van Deventer, the meeting be adjourned to 12:00 Noon, April 21, 1987 for a workshop session on discussion of Port Responsibility on the Trolley and Convention Center. Carried by unanimous vote. Absent: Waters. The meeting closed at 9:47 p.m. r CITY CLERK The foregoing minutes were approved at the regular meeting of April 21, 1987. Corrections No corrections IVI A Y O R CITY OF NATIONAL CITY, CALIFORNIA Exhibit "A" Book 68/Page 105 OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SAN DIEGO EDWIN L. MILLER, JR. DISTRICT ATTORNEY March 23, 1987 George H. Eiser, III City Attorney City of National City 1243 National City Boulevard National City, CA 92050 Subject: Ione Campbell, City Clerk SOU 87-039 Dear Mr. Eiser: COUNTY COURTHOUSE SAN DIEGO, CA 92101 (619) 236-2329 I have received and read your letter dated March 16, 1987 requesting, on behalf of the City Council of National City, an investigation of City Clerk Ione Campbell. I have also read all the attachments you sent to that letter. After doing so I am at a loss to understand why it was sent. You have requested an investigation to determine whether Ms. Campbell has engaged in criminal conduct. However, we do not initiate criminal investigations unless there are allegations that give probable cause to believe that criminal conduct has occurred. None of the allegations of the City Council or the material you sent which amplify or explain those allegations suggest to me any criminal conduct. Therefore, I am declining to open the requested investigation at this time. If you have other allegations or evidence in mind or a specific criminal statute or statutes in mind that I may have overlooked, please do not hesitate to let me know and I will reconsider your request. Very truly yours, EDWIN L. MILLER, JR. Distrt Attorney / by: , AMES E. HAMILTON Deputy District Attorney Special Operations Division JEH:jg