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HomeMy WebLinkAbout1986 06-10 CC MINBook 67/Page 67 6/10/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 10, 1986 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Vice Mayor VanDeventer. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters. Absent: Morgan. 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 Chaplain Wilfred Reyna, Paradise Valley Hospital. APPROVAL OF MINUTES Approval of minutes of the regular meetings of May 20 and May 27, 1986, and the adjourned meeting held on May 21, 1986. The City Clerk said she understood some Council members had not had time to read all of the minutes, and inquired if Council wanted to lay them over one week. Moved by VanDeventer, seconded by Cooper, so move. Carried by unanimous vote. Absent: Morgan. APPOINTMENTS Mayor Parks and Recreation Advisory Board Traffic Safety Committee Board of Library Trustees City Council Civil Service Commission Moved by Waters, seconded by VanDeventer, these be laid over until June 24. Carried by unanimous vote. Absent: Morgan. PUBLIC ORAL COMMUNICATIONS WARREN NIELSON, 2108 Harrison Ave., San Diego, was present and spoke re Route 252, the renaming of Market St. to Martin Luther King, naming the Route 252 connector after Martin Luther King, and the possibility of Route 252 being placed on a City of San Diego ballot. ELIAS RODRIGUEZ (representing Citizens Action League), 1440 °I° Ave., was present and requested a waiver of the insurance requirement for the use of the park on Sunday. City Attorney Eiser said use of the park was originally approved by Council subject to the condition providing for liability insurance and a hold harmless agreement; he has spoken to Mrs. Aida Rodriguez, and she has indicated that only non—alcoholic punch would be served and would not be sold; under the circumstances, he sees the liability as being not significant, so it might be appropriate for Council to consider a waiver. Moved by Waters, seconded by Cooper, in favor of the City Attorney's recommendation. Carried by unanimous vote. Absent: Morgan. JOHN ALVA, 17 5. Kenton, was present to speak of the tr-fic problems on Division St.; residents along the northeastern boundary are I°'�,1g a problem getting onto Division St.; he attended the meeting held at El Toyon d, ,00l, and asked about the possibility of radar patrol in that area; he has not seen any sign of radar patrol; perhaps some of the barricades that were removed from El Toyon Park could be placed on Division St. from the eastern boundary to Palm Ave. City Manager McCabe said this has been referred to the Police Dept., but they have not been up to staff and their units have been used on beat patrol; they are now up to staff. ANTON GERSCHLER was present to request a $250 donation for the National City Swim Team for team caps and miscellaneous gear. Councilman Waters asked the City Manager to put this on next week's agenda. PUBLIC HEARINGS Public Hearing — Request from the National School District for an increase in the developer fee schedule for temporary school facilities. Staff recommends that Council consider input received at the public hearing and the findings provided by Book 67/Page 68 6/10/86 the District prior to making a decision. Moved by Waters, seconded by Van Deventer, the Public Hearing be closed and the request from the National School District for an increase in developer fee schedule for temporary school facilities be as stated (1 & 2-bedroom unit-$1200; 3-bedroom unit-$1700; 4-bedroom unit-$2200; 5 or more bedroom unit-$2700; mobile homes-$1200). Moved by Waters, seconded by Van Deventer, the motion include the fact that if an old home is removed and is replaced by a new home, there would be no additional fees. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: Cooper. Absent: Morgan. Public Hearing - Request from the Sweetwater Union High School District for implementation of a developer fee program for temporary school facilities. Staff recommends that Council consider input received at the public hearing and the findings provided by the District prior to making a decision. Moved by Waters, seconded by Van Deventer, the public hearing, request from Sweetwater Union High School District, implementation of developer fees program for temporary school facilities to be added adhere as stated in the National School District's memorandum, and it's 1 & 2-bedrooms - $1200; 3-bedroom living units - $1700; 4 bedroom living units - $2200; 5-bedroom living units - $2700; trailer parks, mobile home parks and so forth - $1200 per mobile and home space, and when an old house is removed and a new one replaced, there be no additional charge for that, and all stipulations of staff be adhered to. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: Cooper. Absent: Morgan. Vice Mayor Van Deventer called a recess at 8:09 p.m. Council reconvened at 8:18 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters. Absent: Morgan. Continued Public Hearing - Proposed amendment to Title 18 (Zoning) of the National City Municipal Code to establish regulations for automotive and truck repair establishments and other uses located within manufacturing and industrial zones. Case File No. A-6-85. The Planning Com mission recom mended adoption of the proposed Code Amendment by unanimous vote. Staff recommends that this public hearing be continued to the meeting of June 24, 1986. Moved by Waters, seconded by Van Deventer, so move. Carried by unanimous vote. Absent: Morgan. Public Hearing on Resolution of Intention No. 14,948, District No. 224 (22nd St., "J" Avenue to "K" Avenue). Staff recommends the hearing be conducted, all protests be denied or overruled, and the hearing be closed. Moved by Waters, seconded by Dalla, the Public Hearing on Resolution of Intention 14,948, District No. 224, 22nd St., " J " Ave. to "K" Ave., be approved and all stipulations of staff be adhered to. Carried by unanimous vote. Absent: Morgan. Vice Mayor Van Deventer: At this time before we uh move on, uh, we have one of the last items on the agenda (on agenda under City Council) and the gentleman has another appointment would like to move on, and that's under a request for a 30-day 1 extension to build trash enclosures in the City of National City. Councilman Waters: Well that must be my uh, are you talking about my item that I have on the agenda under City Council? Councilman Cooper: Yes. Vice Mayor Van Deventer: Could we entertain a motion? Councilman Cooper: Uh, I move at this time that we allow him the thirty days. Vice Mayor Van Deventer: Second. Councilman Cooper: Did you want to say something? Councilman Waters: Oh no, you guys are doing all right. Vice Mayor Van Deventer: Any further discussion? Please vote. City Clerk: Carried by unanimous vote. Absent: Morgan. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,964 through 14,976) Moved by Van Deventer, seconded by Cooper, these items be heard by title only. Carried by unanimous vote. Absent: Morgan. Vice Mayor Van Deventer requested Item 5 be considered separately. Moved by Cooper, seconded by Van Deventer, we pull Item 5 and delay it for two weeks. Councilman Waters requested Item 7 be considered separately. Motion carried by unanimous vote. Absent: Morgan. Moved by Cooper, seconded by Van Deventer, the rest of the Consent Resolutions be approved. Carried by unanimous vote. Absent: Morgan. Book 67/Page 69 6/10/86 5. Resolution No. 14,964, "Resolution declaring Select Electric Company the lowest responsible bidder and authorizing the Vice Mayor to execute an agreement with Select Electric Company." See above. 6. Resolution No. 14,965, "RESOLUTION ACCEPTING A GRANT DEED FOR STREET PURPOSES FROM CHARLES G. AND NANCY W. KERCH (ASSESSOR'S PARCEL NO. 558-10-46)." See above. 8. Resolution No. 14,967, "RESOLUTION ESTABLISHING ONE ON —STREET HANDICAPPED PARKING SPACE AT 209 EAST 6TH STREET (HANDICAPPED PLACARD NUMBER J113641)." See above. 9. Resolution No. 14,968, "RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE SEWER REPLACEMENT PROJECT AT 24TH STREET, QUAY AVENUE, HARRISON AVENUE AND THE RECONSTRUCTION OF MANHOLES AT 14TH STREET (ENGINEERING SPECIFICATION NO. 978)." See above. 10. Resolution No. 14,969, "RESOLUTION OVERRULING PROTESTS AND AMENDING THE WORK TO BE DONE IN ASSESSMENT DISTRICT NO. 225 (ALLEY — 18TH STREET TO 22ND STREET WEST OF WILSON AVENUE)." See above. 11. Resolution No. 14,970, "RESOLUTION ORDERING THE WORK, DIRECTING PUBLICATION OF NOTICE INVITING BIDS AND ADOPTING SCALE OF PREVAILING WAGES (ASSESSMENT DISTRICT NO. 225, ALLEY 18TH STREET TO 22ND STREET, WEST OF WILSON AVENUE." See above. 12. Resolution No. 14,971, "RESOLUTION ESTABLISHING BI—WEEKLY PAY DAYS FOR CITY EMPLOYEES." See above. 13. Resolution No. 14,972, "RESOLUTION AUTHORIZING EXTENSION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE LOWER SWEETWATER FIRE PROTECTION DISTRICT TO PROVIDE FIRE PROTECTION." See above. 14. Resolution No. 14,973, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 19TH STREET BETWEEN WILSON AVENUE AND THE ALLEY WEST OF WILSON AVENUE (SC-2-86)." See above. 15. Resolution No. 14,974, "RESOLUTION REJECTING BID RECEIVED FOR STREET IMPROVEMENTS PROJECT "A" AVENUE FROM 22ND TO 24TH STREET (ENGINEERING SPECIFICATION NO. 984)." See above. 16. Resolution No. 14,975, "RESOLUTION DECLARING AMERICAN RED CROSS, SAN DIEGO/IMPERIAL COUNTY CHAPTER THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN RED CROSS, SAN DIEGO/IMPERIAL COUNTY TO PROVIDE PARATRANSIT SERVICES." See above. 17. Resolution No. 14,976. "RESOLUTION AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS, AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TDA ARTICLE 4.5 FUNDS FOR NATIONAL CITY WHEELS." See above. 7. Resolution No. 14,966, "RESOLUTION DECLARING T. B. PENICK AND SONS, INC. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE VICE MAYOR TO EXECUTE AN AGREEMENT WITH T. B. PENICK AND SONS, INC." Moved by VanDeventer, seconded by Cooper, in favor of Resolution 14,966. Carried by unanimous vote. Absent: Morgan. 18. Resolution No. 14,977, "Resolution abolishing a stop control on West side of private road (extension of "L" Avenue between 16th Street and Plaza Boulevard) and establishing a stop control on West side of "L" Avenue between 16th Street and North end of "L" Avenue." Moved by Cooper, seconded by Waters, we leave that stop sign where it is since the people of the community want it left where it is. Carried by unanimous vote. Absent: Morgan. ORDINANCE FOR INTRODUCTION (FIRST READING) "Ordinance of the City of National City adopting San Diego County Ordinance No. 7142 (New Series) relating to health, sanitation and land use fees, and amending Ordinance No. 1858." Moved by Cooper, seconded by VanDeventer, we order the Clerk to announce this, set for public hearing. Carried by unanimous vote. Absent: Morgan. Book 67/Page 70 6/10/86 ORDINANCE FOR ADOPTION Ordinance No. 1885, "ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING TITLE 17 OF THE NATIONAL CITY MUNICIPAL CODE TO ADD CHAPTER 17.40 — VESTING TENTATIVE MAPS." Moved by Cooper, seconded by VanDeventer, in favor of this Ordinance. Carried by unanimous vote. Absent: Morgan. NEW BUSINESS WARRANT REGISTER NO. 48 — Ratification of Demands in the amount of $294,245.89, Certification of Payroll in the amount of $319,396.98, and WARRANT REGISTER NO. 49 — Ratification of Demands in the amount of $99,865.06. Moved by Waters, seconded by Cooper, these bills be paid and warrants drawn. Vice Mayor VanDeventer said he would abstain on Warrant No. 92322 because he has business arrangements with this individual. Warrants (except 92322 ratified by the following vote, to —wit: Ayes: Cooper, Da!la, VanDeventer, Waters. Nays: None. Absent: Morgan. Warrant No. 92322 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: VanDeventer. Absent: Morgan. Payroll ratified by the following vote, to —wit: Ayes: Cooper, Da!la, VanDeventer, Waters. Nays: None. Absent: Morgan. Claims for Damages: (1) Juana Jimenez, Cresendiano Jiminez and Felipe Leguisamo and (2) Aurora Peters. Moved by Dalla, seconded by Cooper, these claims be denied and referred to the attorney. Carried by unanimous vote. Absent: Morgan. WRITTEN COMMUNICATIONS Temporary Use Permit — National City Centennial Committee/National City Chamber of Commerce. Request permit for the use of Kimball Park, September 18, 1986 through September 21, 1986, from 5:00 PM to 12:00 AM (Thursday and Friday), 12:00 PM to 12:00 AM (Saturday and Sunday), as a site for a carnival. Staff recommends approval subject to the following conditions: Applicant to obtain separate permit from Fire Dept. for public assembly and provide flame retardant certification for tent covers, palm fronds, etc.; a Hold Harmless Agreement and liability insurance naming the City as additional insured is required. Moved by VanDeventer, seconded by Waters, in favor of this request. Councilman Cooper said the carnival people will usually pay the fees to the City if the applicant requests it. Vice Mayor VanDeventer said that could be made part of the motion. Councilman Waters said the second agrees. Carried by unanimous vote. Absent: Morgan. Temporary Use Permit — Bob Baker Chevrolet. Request permit for their grand opening as sales promotion, June 12, 1986 through June 30, 1986 from 9:00 AM to 10:00 PM. Staff recommends approval subject to the following conditions: A separate Fire Dept. permit for public assembly shall be obtained; the Planning Dept. recommends that Council prohibit the use of rooftop balloons, and if Council approves this application, the duration of use be limited to 5 days maximum. Moved by Cooper, seconded by VanDeventer, we allow them this Temporary Use Permit and adhere to all the stipulations of staff. Carried by unanimous vote. Absent: Morgan. Request for Donation from the National City Pony League. Moved by Dalla, seconded by Waters, we hold this item and consider it either during budget or after we've adopted the budget. Carried by unanimous vote. Absent: Morgan. Request from the National City American Little League to serve alcoholic beverages in the Kimball Community Building for a benefit dance on June 21, 1986. Moved by Dalla, seconded by Cooper, this request be approved with the conditions as suggested by staff. Carried by unanimous vote. Absent: Morgan. Request from Mr. Edward B. Bodge, member of the Park and Recreation Advisory Board. Moved by Waters, seconded by Cooper, this be moved to next week's agenda. Carried by unanimous vote. Absent: Morgan. City Manager McCabe was requested to contact Mr. Bodge and ask him to bring the facts and figures to next week's meeting. OTHER BUSINESS Refunding of 1982 Lease Revenue Bonds. Staff recommends Council proceed with refunding. Moved by Dalla, seconded by VanDeventer, in favor of staffls recommendation. Carried by unanimous vote. Absent: Morgan. Book 67/Page 71 6/10/86 CITY MANAGER City Manager McCabe: l have no report. CITY ATTORNEY City Attorney Eiser: I have no report. OTHER STAFF — No reports. MAYOR — No report. CITY COUNCIL Review of request for 30—day extension to build trash enclosures (Fierro Construction Company). See above. Councilman Cooper: I have one item, Mr. Mayor, Mr. Chairman, or Vice Mayor. Uh, a few months ago, this thing came up uh before the Council, we had a service station up here that was wanting to sell, the service stations were wanting to sell groceries and things like this. I don't know how many of you saw this ad in the paper from Safeway, and there's not an item on this list, on this whole page ad except automotive accessories. And yet the Council sits up here and says it's okay for Safeway to sell these things, but it's not okay for a service station to sell groceries, and 1 don't agree with that. And 1 don't know what we're gonna do about it, but I think we need to bring this back and take a good hard, long look at it. Because if we're not going to allow service stations to sell groceries, I think we need to pass an Ordinance that says to the grocery stores, "You cannot sell automotive accessories." And uh, 1 think we're being partial, or not, not uh... Councilman Waters: ...discriminatory. Councilman Cooper: Yeah, we're discriminating against somebody, and I think it's gonna come back to haunt us, because when you look at this ad, and I'II be happy to share it with the paper or whoever wants to look at it, uh there's nothing on that list except automotive items. That's all I have. Vice Mayor Van Deventer: George? Councilman Waters: One item. I'm sure that it isn't just me that's getting complaints about our local post office. I'm sure that you've heard some complaints about uh mail not being delivered in its proper place. That seems to be a very strong item, and I wanted to give you one example, we, we have a few. I want to give you one example what one lady's going through right out here at uh 1925 E. 24th St. I have letters here where uh, it's stamped uh "Back to sender —insufficient address". I went out to 1925 E. 24th St. and uh it's a little hard to find, but not, not really uh that bad I think that a postman can't find it. Uh, you know out where the new condominiums are, there by the swim ming pool? That's uh, uh 1900 block of 24th St., and there sits the house just as plain as day on the opposite side of the street from the condominiums, and 1 think that the, the postmen, whoever they are, are getting a tittle confused. They, they don't, they just look at the big project and ignore the small two —bedroom home there. Anyhow, here you got a situation where uh they're all properly addressed, I have at least seven letters, 1925 E. 24th St., but every one of them was returned to the post office. It says "Return to sender —insufficient address." And here it says 1925 E. 24th St. uh, on each and every one of them. Councilman Cooper: Zip code and everything, huh? Councilman Waters: Zip code and everything. In fact here uh, the postman uh, 1 don't think uh even knows uh what a bulk mailer is supposed to be used for. When you have a non—profit, U. S. post paid permit No. 70 on an, on an envelope addressed to the proper address, 1925 E. 24th St., which I'Il verify exists, it says "postage due 22 cents". (Laughter) So you know somebody doesn't have his act together. When you have, see the bulk, there it is the bulk stamp, paid for it says, and it's written on here by the post office, it's their stamp, "postage due 22 cents". So uh, in this uh, and here the lady's writing on here, this is an existing address. She went to the post office and talked to the postmaster. Then they sent her downtown, said the problem's downtown. Yet the downtown sends 'em back here, that they deliver here. So this has been going on since uh, let's see what date was it? Since the 17th of March. And uh, she's been down to the post office one, two, three, four, five, seven tim es. So uh, what I'm really gonna tell you here, I think that uh maybe the City Attorney and 1, and maybe if one of you guys want to volunteer to go along, we ought to go over and, and, and take that postmaster out, on this, in this particular situation, and explain that this happened to not just one, but to quite a few families in this community. And so, and it's been going on for quite some time uh, not just for this particular person I Book 67/Page 72 6/10/86 mentioned, but with other people, and I think it's time that uh maybe the post office gets called on the carpet uh pretty hard for uh giving the people the runaround out here. Councilman Cooper: Why don't you make a motion to that effect, and I'II second it and 1'11 go with you. Councilman Waters: Okay, 1 move at this time that uh, that uh, myself and Mr. Cooper, along with the City Attorney, uh, go to the post office and, and take this matter up with them and, and take a tour with them. Councilman Cooper: I'll second the motion. Vice Mayor Councilman do that, or Councilman Vice Mayor Councilman Councilman Vice Mayor City Clerk: Councilman Vice Mayor Van Deventer: Discussion? Dalla: I was just gonna say, do we need a motion for you guys to go why don't you just go ahead and do it? Cooper: Well, we got a record of it. Van Deventer: Vote please. Cooper: I'm on the record. Waters: Yeah. Van Deventer: Other members? Carried by unanimous vote. Absent: Morgan. Waters: That's all I got. Van Deventer: Other members? Councilman Dalla: Yes, 1, I do have... Vice Mayor Van Deventer: Mr. Dalla? Councilman Dalla: ...an item. Uh, not too long ago, we adopted a Resolution modifying the format that we maintain the minutes in to be action only. And uh I'm pleased with the new format as it relates to the action only portion of the minutes, but they uh portion that uh deals with the reports and the verbatim aspect of that is a little bit more than, than I had in mind, it's a lot more work than it should be. And uh, I think it's important to correct that one aspect of the new format. I'd like to have uh Mr. Eiser come back next week with, with either a new one, or a modification of the existing, whichever is appropriate, to the effect that uh under the reports portion of the minutes, the, that there be a brief description of the item and whatever action might have been taken, and uh, uh, that that's how it appear in the minutes, which is similar to what it was uh before. Councilman Waters: What are you trying to eliminate, the ahs and oohs and that stuff? Councilman Dalla: And unless uh, except in those situations where a Councilmember requests that it be verbatim, uh, it be as I have just described. And if you could come back with that next week, then we can act on it. Councilman Waters: You know, Mike uh, we went along with many, many changes that you had recommended with the minutes. You know I've been here a long time, and, and we've never been criticized at all, all these years uh, in relations to the way the minutes were originally. And through the changes, we took a heck of a bath on the front page of the, that San Diego Union just recently, and I don't think we need that. And I, I hope that this will be very simple, and we get back to the basics to where uh to where we don't uh—I'm willing to, I went along with you on, on several things uh like that, but no more horsing around with the minutes. I think we've had enough of that. Let's get down to basics, and once and for all, I don't want to hear minutes anymore. Vice Mayor Van Deventer: Is that in the form of a motion? Councilman Dalla: You want a motion? Councilman Waters: (Several words unintelligible) Councilman Dalla: Fine, if, if that's a mo—if you want a motion, that's a motion. Vice Mayor Van Deventer: Okay. Second. Discussion? Councilman Waters: Yes, under discussion, now you, you understand what you're supposed to do? City Attorney Eiser: Councilman Waters: real simple. City Attorney Eiser: Councilman Waters: I'll go along with that. City Attorney Eiser: Councilman Cooper: Vice Mayor Van Deventer: Councilman Waters: Take you, lone? Vice Mayor Van Deventer: Any further? City Clerk: Every one, including my own. Carried by unanimous vote. Vice Mayor Van Deventer: Okay, at this time if there's no further business, the meeting will be adjourned. Yes I do. Uh, make it Yes. That's what I understand. 1111 bring it back next week in the form of a Resolution. If it isn't simple, we'll vote against it. Vote please. those ahs and oohs, and...You had them all there, didn't Book 67/Page 73 6/10/86 ADJOURNMENT The meeting closed at 9:05 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of June 24, 1986. Corrections No corrections IfIC MAYOR CITY NATIONAL CITY, CALIFORNIA