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HomeMy WebLinkAbout1986 05-27 CC MINBook 67/Page 61 5/27/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 27, 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. Margaret Stone, First Christian Spiritualist Church. APPROVAL OF MINUTES The City Clerk announced that due to shortage of help, the on —going installation of a records management program, the holiday and the illness of the Deputy City Clerk, the minutes of the regular meeting of May 20, 1986 had not been distributed. PROCLAMATION At the request of the Mayor, the proclamation of May 31, 1986 as Tressa McCartney Day was read in full. Moved by VanDeventer, seconded by Waters, in favor of the proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Joyce Camblin, Tressa McCartney's granddaughter. PUBLIC ORAL COMMUNICATIONS JAMES MARLER, 2111 Melrose, thanked Council for the sidewalks at El Toyon Park and spoke of the serious parking problems there; among other things, cars are parked with their doors open creating dangerous situations and causing noise pollution because the car radios are playing at top volume. Mayor Morgan requested the City Engineer take this problem to the Traffic Safety Committee. RICHARD GONZALEZ, 1104 Coolidge Avenue, said cars are parked in his driveways, one on the side and one in front and he would like something done about that. Mayor Morgan requested the City Engineer have the Traffic Safety Committee look into that and let this gentleman know what is being done. CARL HERNANDEZ, 1225 East 30 Street, asked if it was Council's responsibility to keep people informed of the laws of the City: (1) Where is parking permitted? His home fronts on 30 Street and he parked his car in the alley in back of his garage and was cited; also his neighbor was cited for parking his car in the alley; neither of them knew it was against the law to park in the alley. (2) Another neighbor was cited for having a garage sale without a permit. He did not know he had to have one. There should be a pamphlet or something, so they will know what is right and wrong; it should be written so that you do not have to be a lawyer to understand it. DANIEL MASON, 2918 M Avenue, said he was having the garage sale Mr. Hernandez mentioned and a lady told him he could not have the sale without a permit; he also had to remove the signs posted for the sale; he was told he could have one only; if he had only the one on site, no one would have found the sale; his neighbor, whose house faces 30th Street gave him permission to place a garage sale sign in his yard. Mayor Morgan suggested he visit the Finance Department for information. Councilman Waters asked the City Attorney if it would be all right for him to place a sign in his neighbor's yard if the neighbor gave him permission? City Attorney Eiser replied the intent of the law was to try to limit signs in the City. Councilman Cooper asked if Mr. Mason was cited. Mr. Mason replied he was given a warning only. Mayor Morgan said Council can always change the law; a sign on 30 Street seems reasonable, but that doesn't make it legal. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of the Planning Commission's DENIAL of an additional POLE —MOUNTED SIGN for VALUE —LAND at the Shopping Center, 2410 East Plaza Boulevard was called at this time. Director of Planning Post announced the appeal had been withdrawn. Book 67/Page 62 5/27/86 The PUBLIC HEARING on APPEAL of a NOTICE OF INTENTION TO ABATE AND REMOVE TWO ABANDONED AND/OR INOPERATIVE VEHICLES AND MISCELLANEOUS VEHICLE PARTS AS A PUBLIC NUISANCE AT 1723 ORANGE AVENUE, Case File No. C.V. 86-25 was held at this time. Bryan Whelchel, owner, and his attorney, Don D. Hiney, appeared and were heard. Moved by Waters, seconded by Cooper, the public hearing be closed and we give this gentleman thirty days, with the understanding that staff will remove all or any of the above remaining on the thirty—first day (amended motion). Carried by unanimous vote. The PUBLIC HEARING on RESOLUTION OF INTENTION TO AMEND NO. 14,927 DISTRICT NO. 225 (Alley — 18th to 22nd Street West of Wilson Avenue) was held at this time. The City Clerk reported no protests to the amendment were received. Robert Onley, Staff Assistant, Engineering Dept., explained the amendment to the district boundaries (adding property to the original district) the work to be done, the costs, and recommended the project proceed. Moved by Cooper, seconded by Waters, the public hearing be closed, all protests be denied and overruled and this be approved. Mayor Morgan said he would abstain as he owns property on the West Side. Carried, by the following vote, to —wit: Ayes: Cooper, Da11a, VanDeventer, Waters. Nays: None. Abstaining: Morgan. ADOPTION OF RESOLUTIONS (Consent Resolutions Nos. 14,954 through 14,962) At the request of Councilmembers Cooper and Waters Resolutions Nos. 14,955 through 14,960 and No. 14,963 were pulled from the Consent Resolutions. Moved by VanDeventer, seconded by Dalla, in favor of 14,954, 14,961 and 14,962. Carried by unanimous vote Resolution No. 14,954, "A Resolution Establishing the Annual Appropriations Limit for the Fiscal Year 1986-87." See above. Resolution No. 14,961, "A Resolution approving Lincoln Acres Reorganization Subject to the Confirmation of the Voters within the Territory of the Reorganization." See above. Resolution No. 14,962, "A Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Contract for Audit Services Between the City of National City and Arthur Young & Company." See above. Resolution No. 14,955, "A Resolution of the City of National City Supporting Proposition 47: Guaranteeing the Vehicle License Fee as a Local Government Revenue Source." Moved by Waters, seconded by VanDeventer, in favor. Carried by unanimous vote. Resolution No. 14,956, "A Resolution of the City of National City Supporting Proposition 49: Nonpartisan Elections." Moved by VanDeventer, seconded by Dalla, for approval. Carried by unanimous vote. Resolution No. 14,957, "A Resolution of the City of National City Endorsing Proposition 51: The Fair Responsibility Act of 1986." Moved by Waters, seconded by Cooper, in favor. Carried by unanimous vote. Resolution No. 14,958, "A Resolution of the City of National City Supporting Proposition 46: Restoration of General Bond Authority to the Voters." Moved by Waters, seconded by Dalla, in favor. Carried by unanimous vote. Resolution No. 14,959, "A Resolution of the City of National City Supporting Proposition 44: Water Conservation and Water Quality Bond Law of 1986." Moved by Waters, seconded by VanDeventer, in favor. Carried by unanimous vote. Resolution No. 14,960, "A Resolution Designating Preferential Permit Parking Area "D" and "E" Establishing Prohibited Parking and Authorizing Permits and Posting of Signs." Moved by VanDeventer, seconded by Dalia, for aproval of the resolution. Councilman Cooper said he would abstain as he owns property at 1238 Roosevelt Ave. Mayor Morgan said he knew the City Attorney was looking into who can and can't vote on West Side issues; he really hadn't heard who can and who can't vote, so he would abstain as he owns the Standard Station at Eighth and Roosevelt. The City Attorney's reply is unintelligible on the tapes. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: None. Abstaining: Cooper, Morgan. Book 67/Page 63 5/27/86 Resolution No. 14,963, "A Resolution of the City Council of the City of National City Establishing Mid —Management Salary Band for the Classification of Fire Marshal." Moved by Morgan, seconded by Van Deventer, Resolution No. 14,693 be adopted. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTER NO. 47 — Ratification of Demands in the amount of $369,568.93. Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. HEARING ON APPEAL of a NOTICE TO CLEAN PREMISES AND ABATEMENT OF A PUBLIC NUISANCE at 2917 "L" Avenue was held at this time. Attorney Ken Cooley appeared for the owner, Julian Hamston. Moved by Cooper, seconded by Van Deventer, to go with the Fire Chiefs recommendation and give this man 30 days. Mayor Morgan said his sister lives in this neighborhood so he would abstain. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. NOTE: This meeting lasted almost two hours, or two sides of two sixty —minute cassettes. Side four (the last half—hour of the meeting) did not record. The last half—hour of the meeting is taken from the Clerk's notes only. OTHER BUSINESS PLANNING COMMISSION — NOTICES OF DECISION Notice of Decision — Planning Com mission Resolution Denying a Conditional Use Permit Application for the Operation of an Automotive Lubrication Business at 1400 Plaza Boulevard, Case File No. CUP 1986-06, Applicant: Jiffy Lube International, Inc. Councilmember Cooper said he would abstain as his property is adjacent to the shopping center. Mayor Morgan said he would abstain as he owns the Jimmy's Family Restaurant property on Plaza Boulevard. Moved by Waters, seconded by Van Deventer, in favor. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: None. Abstaining: Cooper, Morgan. Notice of Decision — Planning Commission Resolution Denying a Planned Development Permit Application for the Development of a Drive—thru Automotive Lubrication Business at 1400 Plaza Boulevard, Case File No. PD-4-86, Applicant: Jiffy Lube International, Inc. Councilmember Cooper said he would abstain as his property is adjacent to the shopping center. Mayor Morgan said he would abstain as he owns the Jim my's Family Restaurant property on Plaza Boulevard. Ordered filed, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Abstaining: Cooper, Morgan. Notice of Decision — Planning Commission Resolution No. 20-86, Approving a Zone Variance to Create a Lot with Access Via an Easement on Property Located at the Southeast Corner of Fourth Street and T Avenue, Applicant: Roland E. & Norma J. Bowman. Moved by VanDeventer, seconded by Waters, in favor. Carried by unanimous vote. Report of Donations Made to Various Organizations During the Fiscal Year 1985-86. Discussion regarding the request of National Little League which did not receive any funds this fiscal year. Moved by Van Deventer, $2,000 be transferred from unappropriated funds to Donations and National Little League be given $250. Carried, by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. Manager's Report — Residential Permit Parking Area D and E. Moved by Van Deventer, seconded by Waters, to accept the report and direct staff to proceed. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: None. Abstaining: Cooper, Waters. Auditors' Report on Examination of Financial Statements. Moved by Cooper, seconded by VanDeventer, accept and file. Carried by unanimous vote. Finance Director's Cash and Investment Reports as of April 30, 1986. Ordered filed by unanimous vote. Traffic Safety Committee Meeting Minutes of May 14, 1986. Moved by VanDeventer, seconded by Waters, to approve. City Engineer to check on Item 2 Book 67/Page 64 5/27/86 (86-24), where the TSC denied request for diagonal parking on C Street between 9th and Plaza, because C Avenue is as wide as other streets with diagonal parking. Mayor Morgan said he would abstain as his brother used to own South Bay Foundry and he was not sure if he still owned it. Councilmember Dalia said he would abstain on C Avenue. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalia (abstaining on C Avenue), Van Deventer, Waters. Nays: None. Abstaining: Morgan. CITY MANAGER — No report. CITY ATTORNEY — Requested a closed session at completion of agenda. OTHER STAFF — No report. MAYOR Mayor Morgan said he brought up the subject that he was paying his secretary the increase voted by Council last year as she was not receiving it; the Finance Director has now paid her retroactively and she would like to return to the Mayor the money he was paying her; he would not take it without a ruling from the City Attorney. City Attorney Eiser said there was no problem as long as there was a personal understanding between them. CITY COUNCIL Moved by Van Deventer, seconded by Waters, the crosswalk requested by Paradise Valley Hospital be in this coming year's budget. Carried by unanimous vote. Councilman Cooper said while he was away for two weeks Resolution 14,944 was adopted. He was not in agreement with it. Moved by Cooper, seconded by Morgan, it be brought back for reconsideration. Carried by unanimous vote. Councilman Waters reported on complaints he has received regarding construction of buildings without permits by members of the City Council and asked the City Attorney to check all building permits for the last two years and report prior to the scheduled June 10 hearing on the West Side; he wants a copy for himself and a copy for each member of the Council; the report is not to be made public prior to the meeting. EXECUTIVE SESSION Moved by Morgan, seconded by Van De venter, Council go into Executive Session under Government Code Sec. 54956.9(a). Carried by unanimous vote. Council left Chambers at 8:58 p.m. Council reconvened at 9:11 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Morgan. Absent: Waters. ADJOURNMENT Moved by Dalia, seconded by Van Deventer the meeting be adjourned. Carried by unanimous vote. Absent: Waters. The meeting closed at 9:12 p.m. `1 -- CITY CLEfeK The foregoing minutes were approved at the regular meeting of June 10, 1986. Corrections No corrections MAYOR OF NATIONAL CITY, CALIFORNIA