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HomeMy WebLinkAbout1986 03-04 CC MINBook 66/Page 223 3/4/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 4, 1986 The regular meeting of the City Council of the City of National City was called to order at 4:00 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. Wayne Rowland, First Congregational Church. APPROVAL OF MINUTES Councilman Cooper said, "I'd like to complain about the minutes. If you're going to do them verbatim, then I think you should do them verbatim, and if you're not, then I think you should shorten them up." Moved by Waters, seconded by Dalla, approval of the minutes of the regular meeting of February 25, 1986 be held over one week. Carried by unanimous vote. PRESENTATION LARRY PEEPLES was present and showed colored slides on the history of San Diego Harbor, the need for and the possiblity of a second harbor entrance. Councilman Waters said the com mittee has been working hard; he would like to hear comments from Council. Vice Mayor VanDeventer said a second entrance is needed; he hopes the film can be shown to a lot of groups. Councilman Cooper asked Mr. Peeples to give his business card to each Council member; there are people they can contact. Discussion. APPOINTMENTS The Mayor's proposed appointment to the Sweetwater Authority was presented. Moved by Waters, seconded by Morgan, in favor of this appointment (Ralph Hughes). Discussion. Motion failed, by the following vote, to —wit: Ayes: Waters, Morgan. Nays: Cooper, Dalla, Van Deventer. PUBLIC ORAL COMMUNICATIONS WAYNE ROWLAND, Pastor, First Congregational Church was present representing the National City Ministerial Assoc., and requested permission to use Kimball Bowl on March 30, for Easter Sunrise Services. Moved by VanDeventer, seconded by Waters, in favor of this request. Carried by unanimous vote. DAVID WIGNALL, 2819 E. 11th St., was present and said a gentleman was present last week to speak about a piece of property on Plaza Blvd.; perhaps the City could purchase that piece of property; possibly government funds would be available to buy the property and turn it into a park; there is a heavy concentration of families in that area and they have no park. JIM SHIBELL (part—owner, La Mision), 271 65th St., San Diego, was present to request Council's assistance in getting their CUP to Council quickly. Planning Director Post said the request for a CUP for a discotheque at 22nd & Highland would be before the Planning Commission on March 17. Discussion. Mr. Shibell said they are short —funded; they are not doing 100% of gross and they need that to survive. Councilman Cooper said he has a problem with these people; they never think in advance; every time they come to Council, they need everything tomorrow; they will have to learn to abide by the rules just like everybody else. Mr. Shibell said it takes 3-4 weeks to get a CUP through; they also have to go through ABC and that takes another 30-90 days; they cannot survive another 90 days. Planning Director Post said this was approved by the Planning Commission last night by a split vote; it will go back to the Planning Commission as a Resolution on March 17 and would then be put on the March 25 Council agenda. Further discussion. Moved by VanDeventer, seconded by Cooper, the Planning Commission action of March 17 be placed on the March 18 Council agenda. Carried by unanimous vote. Book 66/Page 224 3/4/86 ADOPTION OF RESOLUTION CONSENT RESOLUTION (Resolution No. 14,880) Moved by VanDeventer, seconded by Cooper, the Resolution be presented by title only and the Consent Resolution be adopted. Carried by unanimous vote. Resolution No. 14,880, "RESOLUTION DECLARING VERMEER—CALIFORNIA THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH VERMEER—CALIFORNIA." See Consent Resolution above. ORDINANCE FOR INTRODUCTION (FIRST READING) Moved by Van Deventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. "Ordinance of the City Council of the City of National City adding Section 11.32.090 to Chapter 11.32 of the National City Municipal Code to prohibit unauthorized parking in reserved parking spaces." Discussion. ORDINANCE FOR ADOPTION Moved by Van Deventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1879, "ORDINANCE REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (GP-10-85 AND ZC-7-85)." Discussion. Moved by VanDeventer, seconded by Cooper, Ordinance No. 1879 be adopted. Discussion. Carried by unanimous vote. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 35, dated February 25, 1986, in the amount of $270,644.45 (Warrants Nos. 91150 through 91214), and CERTIFICATION of PAYROLL for the period ending February 15, 1986, in the amount of $309,811.34 was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Mayor Morgan said he would vote in favor of the payroll, but against the bills. Payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters, Morgan. Nays: None. Demands ratified, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The CLAIMS FOR DAMAGES of: Javier Q. Urrea, arising from an incident on November 28, 1985, filed with the City Clerk on January 23, 1986; Michael A. Chesky, arising from an incident on December 20, 1985, filed with the City Clerk on January 31, 1986; Maria E. Navarro, arising from an incident on October 15, 1985, filed with the City Clerk on January 21, 1986; Jim mie R. Austin, arising from an incident on January 16, 1986, filed with the City Clerk on January 31, 1986; Lois M. Samuels, arising from an incident in November, 1985, filed with the City Clerk on January 31, 1986, were presented. Moved by VanDeventer, seconded by Dalla, these claims be denied and referred to the City Attorney. Councilman Dalla said we had a notification that the City's insurance is going to be cancelled effective April 1; some cities have had to float bond issues, raise taxes, or give away property to people who are suing the City; some elected officials were compelled to resign from office because their property and businesses were endangered if a suit was filed successfully against the cities they were representing. Discussion. Vice Mayor Van Deventer said there is a bill in Sacramento and they are aware of the problem. Further discussion. Motion carried by unanimous vote. The application for TYPE 41, ON —SALE BEER AND WINE LICENSE of Nicandro L. and Olivia M. Tulao, dba TULAO'S ORIENTAL CUISINE, 1528 E—F Sweetwater Rd. (Police and Building Departments state no grounds for objection; the Planning Dept. states no grounds for objection, subject to the conditions of Planning Commission Resolution No. 1-86) was presented. DAVID WIGNALL was present and said he is concerned about over —concentration of liquor licenses; ABC has certain qualifications that must be met and if the applicant cannot meet those qualifications, there is a good chance, the license will not be approved; the applicant has to prove a necessity to the public convenience; he would assume this one does not meet the requirements of ABC; it is not positive for a restaurant to sell liquor for off —sale use; his comments also apply to Item 7. Discussion. Moved Book 66/Page 225 3/4/86 by Van Deventer, seconded by Waters, this be approved subject to seven conditions of the Planning Commission. Carried, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: Cooper. Abstaining: Morgan. The application for TYPE 17, BEER AND WINE WHOLESALER LICENSE of Wine Services International, Ltd., Stanton G. Friedman, Pres., dba WINE SERVICES INTERNATIONAL, 2702 Southport Way, Ste. B (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by Waters, seconded by VanDeventer, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS A letter from the SWEETWATER UNION HIGH SCHOOL DISTRICT requesting FUNDS for the SWEETWATER HIGH SCHOOL SWIM TEAM was presented. Moved by Van Deventer, seconded by Cooper, we donate $250. City Manager McCabe said Council budgeted $5,000 for donations; this is the last request that can be approved; if this request is approved, there will be $50 remaining in the account. Motion carried by unanimous vote. A request from SWEETWATER HIGH SCHOOL for WAIVER OF TOTAL FEES for the COMMUNITY BUILDING for an AWARDS BANQUET on April 12, 1986 (Their intent is to give an Awards Banquet of appreciation to their Champion Junior Varsity and Varsity Basketball teams, and include the 9th—grade County Champions; they are a non—profit organization; their travels have advertised National City and their book is supplied to every college in the nation; they are broke and need some assistance with their banquet) was presented. Discussion. Public Works Director Williams said he recommends fees for utilities and custodial be paid; fees for rental of the building and the kitchen are normally waived; the utility and custodial fees are "out of pocket" expenses to the City. Moved by Waters, seconded by Van Deventer, we waive all fees but utilities and custodial. Discussion. Motion carried by unanimous vote. The request of WEISSER SPORTING GOODS for a TEMPORARY USE PERMIT (CLASS A) for a SALES PROMOTION, on April 5, 1986, from 9:00 a.m. to 6:00 p.m. (Weisser Sporting Goods requests a TUP to hold an annual spring show and sale in the parking lot under a 60' x 90' tent for sales promotion; staff recom mends approval subject to conditions of the Fire Dept. [ separate Fire Dept. permit shall be secured to include site plan; standby Fire personnel shall be required for event ] , applicant to be informed of conditions) was presented. Moved by Cooper, seconded by Waters, in favor of this request. Carried by unanimous vote. CITY MANAGER (Walk—on item) Administrative Assistant Adams' report REQUESTING OPPOSITION to SB 1742 (Ellis) REQUIRING ELECTED PORT COMMISSIONERS (If approved, SB 1742 would require that Port District Commissioners be Council members of the appointing City, thus making it an elected instead of appointed position; Council has opposed similar efforts by Senator Ellis in the past, with those bills eventually failing in Sacramento; a joint effort is being undertaken to express a unanimous opposition to this bill by affected cities) was presented. Moved by Morgan, seconded by VanDeventer, we support this recommendation. Discussion. Mr. Adams said if Council is in favor of the Port Com missioner staying at its current status, they should oppose it. Mayor Morgan said his motion would be to oppose it. Further discussion. Councilman Cooper said he has a problem with the people that are appointed (like the Water Board); they are pricing the people on the waterfront completely out of the cities; this needs to be brought under control; he doesn't know how else to bring it under control unless you have elected officials doing this thing that understand what the problem is; they priced the tuna people out of the business, and there are some people right now that are complaining because their rent is too high and they cannot afford it, and they will be moving somewhere else where the rent is better; we need to talk to the Port Commissioners; he will vote to support it, but not to oppose it. Further discussion. Moved by Dalla, seconded by Cooper, this be tabled for two weeks. Councilman Waters asked the City Manager to bring back a report on the income from the lumber companies. Motion carried by unanimous vote. Councilman Waters asked the City Attorney to give an opinion on what other cities could do — one Port Com missioner for each City — what it takes for another City to change that after it goes through the full legislation. Book 66/Page 226 3/4/86 CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Morgan said last week Council talked about employees calling the Mayor or Council and not OSHA or the Employees Assoc. Attorney in an emergency or where they feel a situation is dangerous; he thinks they are sending the wrong signal to the employees; they have every right to call; the rules are on their side; if they see a dangerous situation that could endanger lives, he would hate for them to call him; he would rather let OSHA make the decision. Mayor Morgan inquired about the drain in front of Walker Scott. City Engineer Stafford said he scheduled a meeting for next week; he received a call from the contractor and he (contractor) declined to come; his next move would be to recommend that the contract be cancelled. Mayor Morgan inquired about the drain at 1020 Palm. City Engineer Stafford said we will have a bid opening this month. Mayor Morgan spoke of the Maytime Band Review, saying last year we talked about resurfacing 8th St. Moved by Morgan, seconded by Waters, we resurface 8th St. from "K" to "B" for the Maytime Band Review. NOTE: This motion was not voted on. Vice Mayor VanDeventer said he would like to see a report on that brought back next week. Moved by Morgan, seconded by Waters, a report be brought back next week. Discussion. Carried by unanimous vote. CITY COUNCIL Vice Mayor VanDeventer reported the Centennial Banners were hung on National City Blvd., from Division to 8th and they look very attractive; if any of them begin to look shabby, he would like staff to refer it to the Chamber of Commerce. Discussion. Councilman Cooper reported he attended the LAFCO hearing on the Lincoln Acres Annexation; there was a lot of opposition to the annexation, but LAFCO ordered the annexation election for November. Councilman Cooper said we have a lot of Ordinances on the books without teeth; he will be looking at some of them and bringing back some recommendations; a good example is people working on their cars in their back yards, and painting them in their garages. Councilman Dalla inquired if it would be possible to place restrictions on a CUP that would not allow some of the things that ABC allows on certain licenses; for example, not allowing off —sale of alcohol under a Type 41 license where ABC would allow restaurant patrons to purchase beer or wine "to go"; could the conditions of a City CUP over —ride the terms of the ABC license? City Attorney Eiser said in his opinion, we could impose greater restrictions; whether a bar or convenience store, our conditions might be more restrictive than ABC's. Councilman Dalla said one of our restrictions is that in restaurants, the sale of alcohol must be incidental to the sale of food; one of the things we asked the City Treasurer to do was to audit liquor in relation to food; he doesn't recall receiving any such audit. Mayor Morgan asked City Manager McCabe to check on that. Councilman Waters said we just got a new manager at the swimming pool and he has gotten several inquires about why people who were already working there did not have an opportunity for the job. Mr. Waters asked the City Manager to look into this. Councilman Waters spoke of the "hole" in the parking lot, saying the City got some bad publicity; the employees did not know which way to turn; if the employees want to receive respect, they should follow the chain of command; the supervisors saw a problem and if the department head does not agree, they have a right to talk to the City Manager; if he doesn't agree, they should contact the City Council; if City employees want to see him about a problem, they can come to him, but they should follow the chain of command. Book 66/Page 227 3/4/86 ADJOURNMENT Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 7:00 p.m., Wednesday, March 5, El Toyon School. Carried by unanimous vote. The meeting closed at 5:28 p.m. < - / (- 7 CITY CLER The foregoing minutes were approved at the regular meeting of March 11, 1986. Corrections No corrections M '• R CITY OF NATIONAL CITY, CALIFORNIA