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HomeMy WebLinkAbout1986 01-28 CC MINBook 66/Page 193 1/28/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 28, 1986 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. 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 McCabe, followed with invocation by the Rev. Ken Nichols, Southport Christian Center. Mayor Morgan requested a moment of silence in memory of those who died in the Challenger Spacecraft. APPROVAL OF MINUTES Moved by Waters, seconded by Cooper, the minutes of the regular meeting of January 14, 1986 be approved and the minutes of January 21, 1986 be held over. Carried by unanimous vote. APPOINTMENTS Mayor Morgan requested that Council approve the following appointm ents: Sweetwater Authority — Ralph Hughes; Library Board of Trustees — Zelva P. Moeser; Traffic Safety Committee — Roy Fierro, Alex Torres and Kathlenn vanArum; Senior Citizens Advisory Committee — Louise Barchus, Eva Cano, Rosa Enriquez, Marie Meier, Leona Meyers, Martha Smith, Raymond Spann; Park & Recreation Advisory Board — Marian Rutsch, Walter Popelar, J im Heinz, Armando Castanedo; Street Tree and Parkway Committee — Richard Aranda. Moved by Van Deventer, seconded by Cooper, the appointment to the Sweetwater Authority be held over for 30 days. Discussion. Carried by unanimous vote. Moved by Morgan, seconded by Cooper, in favor of the Mayor's recommendations (except the Sweetwater Authority). Carried by unanimous vote. Vice Mayor Van Deventer said Mr. Detzer resigned from the Housing & Community Development Commission when he was appointed to the Planning Commission; Carolyn Kruse applied for the Housing & Community Development Commission and he recommended Ms. Kruse be appointed to this Commission. Moved by Cooper, seconded by Waters, Carolyn Kruse be appointed to the Housing & Community Development Commission. Carried by unanimous vote. Vice Mayor Van Deventer reported that Mr. Pruitt's appointm ent to a four—year term on the Planning Commission has not been confirmed. Moved by Waters, seconded by Dalla, Mr. Pruitt be appointed to a four—year term on the Planning Commission. Discussion. Carried by unanimous vote. Vice Mayor Van Deventer spoke of Mrs. Zarate's resignation from the Planning Commission, saying we now have another opening. Ballots were distributed. The City Clerk reported George Hood received four votes, Doris McKinney received two votes, Donald Van Denover received two votes, Windfred Benson received one vote, and Ronald Detzer received one vote. Moved by Waters, seconded by Van Deventer, George Hood be appointed to the Planning Commission. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS TRUMAN BROOKS, 3404 Bonita Rd., Chula Vista was present and spoke re the matter of relocation of Ford Agency; they are nearing the final stages of negotiations, trying to firm up agreements with the property owners; one of the remaining obstacles is to relocate the auto parts store; the owner has selected a site at the corner of Plaza & Euclid; this indivudual had selected this site seven years ago and at that time plans were processed through the City to build his building, but the project did not go through; there are some problems with Euclid Ave. being put through; he and the owner met with the Planning staff and the City Engineer to try and work out a solution to the ingress/egress problems, and they were told they would probably need a traffic study which will take 30 days; the Book 66/Page 194 1/28/86 owners of the property will not give them that much time. Discussion. Mr. Brooks continued, the owners have said now is the time to close the deal or move on to some other location. Vice Mayor VanDeventer said Council didn't receive this until 4:30 this afternoon and has not had a chance to review it; as far as traffic counts, Mr. Brooks could probably go to the people that own the shopping center to the west on Grove; they just did a traffic study not long ago; perhaps Mr. Brooks should come back in two weeks. Mr. Brooks said the problem did not surface until yesterday afternoon; the plans are here at the City; he would like some suggestions from Council. Further discussion. Planning Director Post said this project will be reviewed by the Planning Commission; there will be a public hearing and it will be referred to the City Council. Further discussion. There seemed to be consensus that Council could not act at this time, but Council was not closing their minds. FRED HLAWATSCH, 905 E. 13th St., was present and requested permission to speak on Item 7 on the CDC agenda. PATRICK BLAKELY, 2100 National City Blvd., was present and requested permission to speak on an item on the CDC agenda. Vice Mayor Van Deventer advised Mr. Blakely that the CDC meeting would follow the City Council meeting. PUBLIC HEARINGS The CONTINUED PUBLIC HEARING on COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 1986-1987 (This hearing was continued from November 26, 1985; on October 22, 1985, Council adopted guidelines for the Community Development Block Grant Program; the Committee for Housing & Community Development met on November 13, 1985, considered Council's guidelines and the requests of the Paradise Valley Hospital Volunteer Service League [$10,000 ] , and of the Operation Sam ahan Health Clinic [ $100,000 ] , and has recommended to Council that it include one—half of the request of each in the 1986-1987 Program if sufficient funds are received; the Committee met again on December 11, reaffirmed the recommendation of November 13, and further recommended that a grant agreement and a note and trust deed be entered into with Operation Samahan Health Clinic to provide for repayment of the grant to the City of National City if the use of the facility changes from non—profit services for lower income persons to a profit organization within a 15—year period; repayment of the grant would be reduced by the amount of grant divided by 15 for each year subsequent to the date of the grant) was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and said this is a final public hearing on the Block Grant Program for '86—'87; the Program guidelines were set forth by Council: 1. Seniors Center — $225,000; 2. Home Improvement Loans, low income people — $150,000; 3. Ira Harbison School Mini Park — $60,000; 4. Traffic Signals, new and upgrading of existing — $215,000; 5. Construct curbs, gutters and sidewalks — $55,000; 6. 50/50 sidewalk program — $60,000; 7. Landscape and beautify medians at 805 & Plaza Blvd. — $75,000; 8. Reconstruct intersections, various locations within the City — $100,000; Total — $940,000; the $940,000 figure represented the last year's amount which was $1,100,000, Tess 15%; we heard at the time Council considered the guidelines, we had letters from Operation Samahan Health Clinic requesting $100,000 and the Committee recommended to Council $50,000 if funds are sufficient; Paradise Valley Hospital Volunteer Service League had asked for $10,000 for special devices for people that were in critical condition and of low income, and the Committee recommended $5,000 if there were sufficient funds; Council recently received a request from San Diego Residential Relations Foundation asking for $15,000 for their program of landlord/tenant relations, as it relates to National City; it is still up in mid —air as far as what will be funded under this program; it is clear that there will be a 4.3% cut of the Block Grant, in addition to the 10, making it 14.3%, the 4.3 coming under the Sequestration Order that has been published in the Federal Register; the reduction clearly is at least 14.3%; in addition, the President has informed Congress and the public that he intends to defer $500 million of the $3.1 billion scheduled for this program to 1987; if he does this, or isn't prevented from doing it by Congress, the effect of that action would be 16% more in reduction; if that event occurs, the total reduction would be approximately 30% below the $1.1 million of last year; in addition, the President has said that he intends to target Block Grant to the communities according to their need; under a need test, he thinks National City would do comparitively well, but the criteria of the test have not been disclosed. Mayor Morgan said maybe we can get $2-5 million. Mr. Peterson continued, another item the President is interested in doing Book 66/Page 195 1/28/86 is to shift the emphasis between the urban entitlement areas and the rural non — entitlement areas; the shift that is proposed would be to the disadvantage of the urban entitlement communities such as National City; in addition to the prospect of $500 million being deferred, there are matters of criteria of need that might be applied; there are also the matters of the shift in the ratio of entitlement/non— entitlement that might be applied; the bottom line is that nobody knows the amount of Block Grant Funds that National City will receive for 1986; we do know we will get an amount of money that is close to $940,000 or Tess, depending upon the outcome of these several proposals; therefore, the Committee's recommendation, on the basis if there be sufficient funding that those words were applied to Operation Samahan, Paradise Valley Hospital and might also be applied to the Resident Relations Foundation; it's clear that we will not have sufficient funds to fund those projects in addition to the ones totalling $940,000 that Council has set forth in their guidelines. BOBBY CRUZ (Administrator of Samahan Medical Center), 2743 Highland Ave., was present and asked that their request for funds be included in the Block Grant Program on a proportionate basis; he understands about the recent cuts; he still respectfully requests inclusion on a proporionate basis; they are willing to take whatever amount would be available for them. JOYCE HAINES (Director, Volunteer Services, Paradise Valley Hospital), 3143 Mt. Miguel Dr., San Diego was present and said they will be celebrating the 2nd anniversary of the Lifeline Program which was taken on as a project of the volunteers; at the present time they have 32 units in their program; the units cost $500 apiece; what they are offering to the community is an emergency response system where people who are confined to their homes can have the security of being able to push a help button which is tied into their emergency services department and can receive emergency help, a lot of times allowing elderly people to be able to remain in their homes instead of going into a nursing home facility, thus cutting some of the costs; the reason they have asked for the funds is so they can expand their program and offer the service to more of the people in the community; Lifeline is a nationally recognized service; it is a reputable system; it has worked well for them; she would really like to see the money appropriated for their program because they do want to expand it and be able to offer the service to more people. Councilman Cooper inquired how many units they have now. Ms. Haines replied they have 32; it's still a small program compared with a lot of other hospitals, but it's a good system and they would like to see it grow; they have received donations from private individuals and from service clubs such as Altrusa etc.; they rent the units to the subscribers for a $15/month fee which just covers their administrative costs; they are actively looking for funds. Councilman Cooper said he is surprised they haven't contacted the Lions Club and the Kiwanis Club. Ms. Haines said they have, but have had no response. Councilman Cooper said he was on the Board of the Lions Club for quite a while and he doesn't recall seeing a request; she should send her request to the President of the club. Ms. Haines said she would contact Mr. Cooper tomorrow. Mayor Morgan said the Block Grant funds come from the Federal Government; when we started the Mile of Cars we got $10 million from the Federal Government to do the Mile of Cars; it seems to him that the City should be funding a lot of these programs; we cannot keep the City solid financially if we take the money that comes into the City from the Federal Government and put it all on something that doesn't create other employment, jobs and income for the City; if you shut that off, you've shut the whole works off; when we do these redevelopment,zredevelopment doesn't get the money; it goes directly to the City; we are sitting on $5-6 million in reserves and it seems like we should use some of this money to put back into the future of the City; there is no private business that can operate very long taking all the money that comes in and putting it into a good time; you have to put some money back in to the future of the City; that's the only way we can build it up, to keep some of this money where we can bring another business in for the future; in the last two years we really haven't laid aside any money for the future of this City; there is not one project where there's money laid aside for it; the City should fund all of these projects here instead of taking all that from the redevelopment; leave most of it in the redevelopment and let them lay it out where they can bring in another $1-2 million for the future of this City; that's the only way we can survive. Councilman Waters said looking at Item 8, we have $100,000 in reconstruction of intersections; maybe we could take $5,000 of that for Paradise Valley Hospital and maybe $10,000 to help out the Operation Samrahan Health Clinic; he doesn't think that will be any real detriment to the community; reconstruction of intersections; he thinks we can find that in our own City budget; that is in the form of a motion.Mayor Morgan said he would second the motion. Councilman Cooper said he would like to go a little bit further; the Samahan Medical Clinic is trying to 1 Book 66/Page 196 1/28/86 rebuild their building and enlarge it and bring it up to Code, and bring it up to where the handicapped can come in there in a wheel chair, and redo their bathrooms so the handicapped can use them; $10,000 is not going very far toward that; he would like to see that upped to at least $20,000; he will go along with the $5,000 for Paradise Valley Hospita., but he would like to amend the motion to $20,000. Moved by Waters, seconded by Van Deventer, the motion be amended to $20,000 for Operation Samrahan Health Clinic and $5,000 for the Paradise Valley Hospital Volunteer Group. Vice Mayor VanDeventer said he wanted to go a little bit further relating to what we're doing; we're trying to cover a lot of projects that were not done through the years for one reason or another; they've been eliminated, or we've been able to stop for one reason or another; we've been funding the school system; this is one of the last schools to fund; our traffic signal devices in our City are so down —graded that we need every bit of money we can into that particular function; he thinks it's an excellent way of bring the system where our Police Dept. and Fire Dept. can operate; construct our curbs, gutters and sidewalks; that's one that's had excellent response from the community relating to that; same way with the 50/50 sidewalk; the landscaping and beautification of 805 & Plaza Blvd. is kind of a dreary looking — once you come off the freeway; this will brighten it up; the reconstruction of intersections — we all know what's that; he supports that; he thinks these organizations that have applied are worthy of some type of funding and he would second that to $20,000; he thinks what we will need to do in the future, as money comes forward under Block Grant in the future, if we're going to fund these types of organizations, as the County is dropping off funding and the City is going to get involved in it, we're going to have to face a maximum amount of money that we will want to fund each year; if it's going to be 5% or 10% or whatever just for those types of organizations; if not, we're going to have this audience full with 100 applicants next year; he would like us to take into consideration that we think on a percentage basis, a total allocation next year that will be funded; then we will have something to go by; this way we're taking care of everybody that's requested this time and we can move forward. Mayor Morgan said this $225,000 in helping the senior citizens over there, he is for that 100%; that should come out of City funds; the $150,000 for loans should be in there; there's nothing wrong with that; Harbison School is all right; $50,000 to Highland Ave. and $5,000 to the hospital; the rest of this money, traffic signals, construction of curbs and sidewalks, and landscaping, all of these funds, they have it in the City that we've built up over the years; the money has been built up; it's got to snowball and it's rolled up to where the City has got plenty of money; they take the money out of the redevelopment and the redevelopment has done the job to furnish the money to buy the needs of the people of National City; they have done that and it will come in next year and next year; he can't figure out how the Council can sit here and take the money out and not leave something for the future; if they would like to write to him and tell him what project we've started that wasn't started two years ago for the future of this City, he wants to see it. Councilman Cooper said we set aside $3/4 million not too long ago to help the gentleman who was here earlier (Mr. Brooks); it helped him to relocate Colonial Ford; if that isn't a step forward, he doesn't know what is; how the Mayor can sit here and say we're sitting on $6 million in surplus money, one day Council is going to force the Mayor to show them where the money is; he would like to see it; he can't see it in the budget and he has talked to the Finance people, including the City Treasurer, and it's not there; the Mayor keeps telling the public that we have $6 million in surplus; he will have to agree with the Mayor that there are some things on here that really shouldn't be; Council voted back in November; we okayed it at that time, and he doesn't know why some of these things didn't come up at that time; he thinks what we're doing tonight is a step in the right direction. Councilman Waters said if you really look at this, in order to be a good business person, when you're a good business person you see that everybody gets a little bit of the pie; the senior citizens get a little bit of it, and we're even giving the school district, which they have their own funding and can surely take care of themselves; we're taking care of that; we're taking care of the public and their home loans, and also construction of curbs, gutters and sidewalks; that's for everybody; that's why when he looked at the reconstruction of intersections, and these two people made the request, he thought we ought to help them a little bit; we still have $75,000 left over for reconstruction of intersections; we've been very fair to everyone. Mayor Morgan said he would approve all of these projects, but he wouldn't take it all out of Block Grant; he would leave the money over there to set aside for the future; he would take it out of City funds where they have funds that were developed by having active redevelopment. Councilman Waters said when people like Paradise Book 66/Page 197 1/28/86 Valley Hospital want a donation of $5,000 or Samahan wanted this, you know where we would always send them; it used to be a very good habit of the Mayor's: "Let's not get into the habit of funding these projects; send them down to the County where they belong"; the Mayor used to say that on a routine basis; now we're starting to share some of the responsibility; they're part of the community, so maybe we should take a second look; if we don't have the money, we say no; Mr. Bilbray get on the stick and help them out; that's the way it's supposed to be. Councilman Dalla said he would speak against the amendment, not because the groups that are requesting money are not worthwhile, or not because they don't provide a needed and valuable service, but because we have over the last several years, except last year and this year, focused most of the Block Grant funds into redevelopment related projects; the last two years are the first two that we have started to funnel into community —wide things where everyone benefits in addition to the business community; we have also endeavored to not commit the City to funding a lot of social service programs because there are just too many; during Revenue Sharing tim e we have more and more people requesting funds, the San Ysidro Health Clinic down the street for example last year and many others; we're going to get ourselves into a position of having to decide whether the Samahan Clinic or the San Ysidro Health Clinic or someone else's clinic is providing the best service or is in the most need; he suspects we're going to accom modate these people tonight, but he thinks in the short range these people are going to go away happy and thinking that the Council is nice people, but he thinks in the long run we're setting ourselves up for a situation where we're going to have to bite the bullet and start turning people down, because we're not even going to get the ;940,000, let alone the additional funds; next year, they're going to cut the funds down and the people don't really care where the money originated; all they know is they came to City Hall and they got it, and they're going to expect to continue to come here and get that money, and we're not going to have it; then we're going to be using the general tax money to fund these programs; he will have some comments on the original motion when we get to it. Vice Mayor VanDeventer said the reason he supports this and the organizations that have come forward, and that he would support this ;20,000 relating to their need on this project, the reason he feels we have to, if we're going to fund any amount of money, we're going to have to come up with a percentage in the future; if they apply for $5,000, we give it equally across the board in the future because they're going to be here; he thinks the situation where we're at right now, we're still moving along on the Mile of Cars; we just bought the motel at 26th & National City Blvd.; we have the money for that; we have Mr. Blakely sitting here wanting the money for the piece of property where he's at; we're still moving on with major projects; we're catching up in the general public areas at a faster pace than we normally would be going through the regular budget of the City. Councilman Waters said there for a while we had the Pony Leagues, Little Leagues and all the other organizations in here asking for donations every year, so the Council established a policy that each one of them would get a certain amount; if we have a half dozen clinics in here every year, we'll have to do the same thing. Amendment carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Councilman Dalla said before the Samahan Clinic was located where they are now, they were located at the Girls Club; he has a recollection that some time in the past, the Council funded, through Revenue Sharing, some funds to the Girls Club, or through the Girls Club, or through the Samahan Clinic for certain improvements and setting up the clinic at the Girls Club, and asked Mr. Cruz if he recalled that. Mr. Cruz replied he did not. Mayor Morgan said the City paid the whole cost of building that building and setting up the clinic; they brought in the money to put in the equipment they needed, but the City bought a piece of land and built the whole thing. Councilman Dalla said he just wanted to clarify that, because we have, in the past, had requests from Samahan; he doesn't know what the amount of the funding was, but we did attempt, in cooperation with them, to help with the facility; he doesn't know why, apparently it wasn't adequate or whatever, but they moved; the City has demonstrated a commitment; this is not the first time. Mr. Cruz said he does not recall that; he has only been serving Samahan for the past year and a half; he did apply for Block Grants from San Diego, along with six community clinics; the others got their requests granted, but Samahan was switched to National City because they rightfully belong to National City; San Ysidro Health Clinic moved here, but they have money and they don't need any funding. Councilman Dalla said regarding the original motion, for many years we funneled most of our money into redevelopment, but all those years we were promising the citizens that when project "A", "B" etc. gets done, they will benefit; as recently as a year ago, we had $3 million worth of traffic signals that needed to be installed Book 66/Page 198 1/28/86 or upgraded, $7 million worth of curbs, gutters and sidewalks that have never been installed, and in fact, within one block of the Mile of Cars, there are places where the streets aren't installed and the curbs and gutters don't exist; at some point in time, we have to stop promising people things will get done, and start producing; that's what we did last year and that's what he sees us doing this year with the Block Grants; as far as the amount of funds the City puts into the various things, ever since it opened, the City has been spending $1,250,000/year of City money to pay off the bonds for the Plaza Bonita Shopping Center; we've already m ention the $6-700,000 for one of the Ford dealerships; he thinks that we have to start producing and stop promising and that's what we've done with this Block Grant; he hopes we continue to do it; he doesn't think that demonstrates an unwillingness to support the business community or redevelopment; he thinks it demonstrates a willingness to start spreading it around so the whole community benefits. Mayor Morgan said 18-20 years ago we didn't have many streets in National City, and the we didn't have drainage; in the past 20 years we've spent between $20-30 million on streets and drainage; we had one park at that time; now we have five parks; we've got fenced ball fields; we have fields with lights; we built the senior high— rise building; there has been $40-70 million put into the betterment of the City in the past 20 years. Councilman Cooper said we should talk about the millions of dollars being poured into the new Kimball Tower; that's for the good of the community; that's $8 million, $3 million from the Federal Government; he thinks we're doing a pretty good job and this Block Grant Program will help quite a bit with the streets and the gutters; if you can go through the City and see some of the places where they don't have sidewalks — he walks every morning, and in some of the areas where he walks, there are no sidewalks; there are ditches where the sidewalks should be, and we should have sidewalks, curbs and gutters. Councilman Waters said National City is rated the tenth most active City and is the third richest City in the County. Vice Mayor VanDeventer said if we are pro —rated down, everything will be pro —rated down. Original motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Abstaining: Morgan. See Page 199, Para. 1). No one else was present to speak in this regard. Moved by Van Deventer, seconded by Cooper, the Public Hearing be closed, and all recommendations of the City Council be adhered to. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,856 through 14,858) Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Mayor Morgan requested Resolutions Nos. 14,857 and 14,858 be considered separately. Moved by VanDeventer, seconded by Waters, the Consent Resolutions (except 14,857 and 14,858) be adopted. Carried by unanimous vote. Resolution No. 14,856, "RESOLUTION DECLARING THE JOHN C. HENBERGER COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH THE JOHN C. HENBERGER COMPANY." See Consent Resolutions above. Resolution No. 14,857, "RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PWNA ENGINEERS FOR CIVIC CENTER HVAC SYSTEM, ROOF AND CANOPY." Discussion. Moved by Cooper, seconded by VanDeventer, Resolution No. 14,857 be adopted. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,858, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR S.B. 300 (FORAN) PROJECT." Discussion. Moved by Morgan, seconded by VanDeventer, Resolution No. 14,858 be adopted. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION (FIRST READING) Moved by Waters, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. "Ordinance of the City of National City amending Ordinance No. 1840 and Section 15.20.060 of the National City Municipal Code to amend Subsection (b) of Section 912 of the Uniform Plumbing Code." Discussion. Book 66/Page 199 1/28/86 Mayor Morgan said in the public hearing, Council approved the funds to do Plaza Blvd. at 805; he voted no on the whole works; he would like to show an abstention. City Attorney Eiser said the records could be corrected to reflect that. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 30, dated January 21, 1986 in the amount of ;257,587.64 (Warrants Nos. 90670 through 90772 [90671 voided]), and CERTIFICATION of PAYROLL for the period ending January 15, 1986, in the amount of $302,220.15 was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Mayor Morgan said he would vote in favor of the payroll, but against the bills. Councilman Cooper said he would abstain on Warrant No. 90741 because he has a conflict of interest. Vice Mayor VanDeventer said he too would abstain on Warrant No. 90741. Bills (except Warrant No. 90741) ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters, Morgan. Nays: None. Warrant No. 90741 failed, by the following vote, to —wit: Ayes: Dalla, Waters. Nays: Morgan. Abstaining: Cooper, VanDeventer. The application for TYPE 47, ON —SALE GENERAL LIQUOR LICENSE of Stephanie I. Kaye, dba BILLY'S, 1430 E. Plaza Blvd., Suite E (Building Dept. states no grounds for objection; the Police Dept. states that this application raises some questions regarding impact on police service: 1. Possible noise complaints from residential neighbors to the east stemming from late night closing and customer parking activity; 2. Security in parking lot area during late night hours [ vehicle burglaries and thefts, pedestrian robberies, drunk drivers, etc. ]; 3. Called for service due to problems associated with activities and problems relating to a full service bar; see Document No. 73334; the Planning Dept. recommends Council protest issuance of this liquor license until such time as a C UP is approved) was presented. Councilman Cooper said this is in the new development that adjoins his property so he would abstain. Moved by Dalla, seconded by Van Deventer, this license be protested until they obtain a CUP. Carried, by the following vote, to — wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Abstaining: Cooper, Morgan. WRITTEN COMMUNICATIONS A letter from PONY BASEBALL, INC., requesting the City to PURCHASE the INSIDE FRONT COVER of the 1986 SAN DIEGO COUNTY PONY BASEBALL TOURNAMENT BOOKLET (The price is $250) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. A letter from the SWEETWATER QUARTERBACK CLUB requesting a DONATION was presented. Moved by Van Deventer, seconded by Waters, in favor of this request. Carried by unanimous vote. Vice Mayor VanDeventer asked City Manager McCabe to make sure this is the first request from the Sweetwater Quarterback Club this year. City Manager McCabe said he would do so. OTHER BUSINESS The Purchasing Agent's report on INDEMNIFICATION AGREEMENT BETWEEN THE CITY AND PLANET INSURANCE COMPANY (Robert F. Driver Co., our liability insurance broker, has requested that we fill out a questionnaire for the purpose of liability insurance renewal on April 1, 1986; a new requirement this year is for the City to sign an Indemnification Agreement; the City Attorney has recommended that Council approval be obtained and the City Manager be authorized to sign the Agreement; staff recommends that Council approve the Agreement and authorize the City Manager to sign for the City) was presented. Moved by Waters, seconded by VanDeventer, this be approved. Carried by unanimous vote. The recommendations of the TRAFFIC SAFETY COMMITTEE from their meeting of January 8, 1986 were presented. Moved by Cooper, seconded by Waters, this be accepted and filed. Carried by unanimous vote. The Finance Director's report of EXAMINATION OF THE NATIONAL CITY TRANSIT FUND and THE RED CROSS WHEELS FUND (See Document No. 73339; these funds are funded by Transportation Development Act Grants and require a separate audit by the State Controller's Office; no exception was noted in the course of the examination) was presented. Moved by Cooper, seconded by VanDeventer, this be accepted and filed. Carried by unanimous vote. Book 66/Page 200 1 /28/86 CITY MANAGER — No report. CITY ATTORNEY The City Attorney's report on ENFORCEMENT OF VEHICLE CODE REGULATIONS ON PRIVATE PROPERTY (On January 21, Council raised a question regarding the enforceability of Vehicle Code provisions on private property; generally, Vehicle Code provisions regarding traffic rules and regulations apply to public streets and highways, as opposed to private property; however, specific provisions have been created which do make certain regulations applicable to private property as well; see Document No. 73340) was presented. Ordered filed by unanimous vote. The City Attorney's report on LIQUOR LICENSE TRANSFERS, REQUIREMENT OF CONDITIONAL USE PERMIT (On January 14, Council raised a question as to whether the City could require a CUP as part of the application process for transfer of a liquor license; Mr. Eiser has researched this question and determined that the City could not legally require a CUP as a condition of transfer of a liquor license; see Document No. 73341) was presented. Ordered filed by unanimous vote. OTHER STAFF Asst. City Manager Bolint referred to Council's direction that the Purchasing Agent advertise in the Daily Transcript. Purchasing Agent Regelado was present and said he has advertised on eight different occasions at a cost of $439.88; he has not had a single vendor inquiry as a result of that advertising; he would like further direction from Council. Mayor Morgan said he would like this to be brought back on next week's agenda. MAYOR Mayor Morgan referred to the traffic signals at 24th & National City Blvd., and 24th & Hoover, saying traffic backs up all the way under the freeway. City Engineer Stafford said he would check it out. Mayor Morgan reported Mr. Kearney is out saying service stations cannot self cigarettes and Coke; he thinks every service station sells something extra; the public expects it. Moved by Morgan, seconded by VanDeventer, staff bring back a report on what service stations can sell. Discussion. Note: This motion was not voted on. Mayor Morgan said he received a letter regarding the drain through Kimball Park and asked if there was a plan for it. City Engineer Stafford outlined what is planned. Mayor Morgan said there seems to be a war going on about the drainage (9th & Edgerton) in front of Walker Scott; he received a report from the contractor, but it sounded bad. Councilman Dalla suggested this be put on the agenda. Mayor Morgan spoke of the beautification of connection points between Chula Vista and National City. Moved by VanDeventer, seconded by Cooper, this be referred to CIP in the next budget, but staff be authorized to start working with the City of Chula Vista. Discussion. Carried by unanimous vote. Mayor Morgan reported he won the elephant race against Mayor Cox. CITY COUNCIL Vice Mayor VanDeventer asked the City Attorney for comments regarding developer's fees, and inquired if the City Council has to approve the developer's fee for the National School District and the Sweetwater School District. City Attorney Eiser said there is a difference of opinion; the School Districts are claiming they have the authority to specify the fee; the consensus of most of the cities is that it's within the discretion of the City; there are no court decisions on it yet; there is a dispute with the School District in Chula Vista and he's watching that carefully. City Attorney Eiser suggested he be directed to bring back a report in two weeks. Moved by Morgan, seconded by Waters, in favor of the City Attorney's recommendation. It was suggested that Mr. Eiser obtain an opinion from the Attorney General. Motion carried by unanimous vote. Councilman Cooper said a few weeks ago, he brought the matter of pedestrian safety to Council; since that time, two pedestrians have been injured on 8th St.; Book 66/Page 201 1/28/86 this is a serious problem. Moved by Cooper, seconded by Morgan, the City Manager meet with the Police Chief and work out some kind of program to educate drivers to stop for pedestrians; he would also like us to talk to the schools about educating the children. Discussion. Carried by unanimous vote. Mayor Morgan called an Executive Session for pending litigation at 8:24 p.m. Council reconvened at 8:30 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 4:00 p.m., February 4, 1986. Carried by unanimous vote. The meeting closed at 8:31 p.m. CITY CLE The foregoing minutes were approved at the regular meeting of February 4, 1986. Corrections No cor ections MAY CITY OF NATIONAL CITY, CALIFORNIA