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HomeMy WebLinkAbout1986 07-15 CC MINBook 67/Page 98 7/15/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 15, 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, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Principal Planner Ray, 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. Kirby Pickus, First United Methodist Church. APPROVAL OF MINUTES Moved by Dalla, seconded by Waters, approval of the minutes of the regular meeting of July 1, 1986 be held over one week. Carried by unanimous vote. APPOINTMENTS CITY COUNCIL ASSIGNMENTS SUBJECT: Appointment of Vice Mayor RECOMMENDATION: Mayor Morgan recommended that Councilman Cooper be appointed Vice Mayor for the next year. ACTION: Moved by VanDeventer, seconded by Waters, in favor of the Mayor's recommendation. Carried, by the following vote,to—wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: None. Abstaining: Cooper. PUBLIC ORAL COMMUNICATIONS COMMUNITY PROMOTION — SOLID WASTE MANAGEMENT Bob Wengert, 1127 "D" Ave. (Kimball Willows Condominiums) was present and said the residents of Kimball Willows have recently started a newsletter, including such items as City Council actions, and a forum for community developments affecting their Homeowners' Assoc., such as street cleaning, graffiti, trash collection, and Police and Fire protection. Mr. Wengert inquired how the Homeowners' Assoc. could go about getting a sewer (at the base of the hill next to Kimball Way, north between the alley between "D" and "E" Avenues) cleaned out. Public Works Director Williams said that is private property and the responsibility of the property owner. Mr. Wengert replied it was his understanding that the problem was in the main. Mr. Williams said he would check into it. Mr. Wengert spoke of the July 4th Carnival, saying he doesn't mind the fireworks display, but the carnival runs for four days, and results in noise, vandalism, graffiti and litter for those people who live in the area. RECOMMENDATION: Mayor Morgan said the City Manager should meet with the Homeowners' Assoc. from Kimball Willows to discuss the problems. City Manager McCabe said he would do so. COMMUNITY PROMOTION JOHN CAGNEY, 1415 "D" Ave. (Morgan Towers) was present and said residents of Morgan Towers are not pleased with the carnival; he is not suggesting that the City do away with it, but perhaps an alternate location could be found; people park illegally, and if anyone in the building had a serious illness, the paramedics could not get through. STREET LIGHTS ELIAS RODRIGUEZ (representing Citizens' Action League), 1440 "I" Ave., was present and said the City is supposed to be negotiating with SDG&E for the purchase of street lights; he has heard nothing further and requested Council initiate the process of acquiring the lights by eminent domain. City Manager McCabe said we are in the process of negotiating with SDG&E, but it does not move too quickly. RECOMMENDATION: Mayor Morgan asked the City Manager to meet with these people and explain the steps that are being taken. Vice Mayor Cooper said he would meet with the Citizens' Action League and the City Manager as well. Book 67/Page 99 7/15/86 ZONING — MUNI CODE — CONFLICT OF INTEREST Mr. Rodriguez inquired if he would have an opportunity to speak on Item 7, and was advised he would have. FREEWAY/HIGHWAY WARREN NIELSON, 3885 Birch St., San Diego, was present and spoke of a revised plan for Route 252, saying the City of San Diego met yesterday and considered the proposed ballot measures relative to Route 252, and turned them down; he (Mr. Nielson) proposed two revised ballot measures: "Shall the City of San Diego permit CalTrans to build a compromise connector?" and Shall the City of San Diego name the corridor (freeway) in honor of Dr. Martin Luther King?", but neither were accepted; he understands the City of Chula Vista has sent a letter to National City saying they will follow National City in their position, and encouraged Council to endorse a compromise. RECOMMENDATION: Mayor Morgan said Vice Mayor Cooper informed him that he will be unable to attend the meetings that are coming up and has requested the Mayor to attend in his place; he would be happy to accept the responsibility. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of Vice Mayor Cooper's request. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Consent Resolutions 1 through 4 (Resolutions Nos. 15,020 through 15,023) Moved by Van Deventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Mayor Morgan requested No. 1 be considered separately. Moved by Cooper, seconded by VanDeventer, the Consent Resolutions (except No. 1) be adopted. Carried by unanimous vote. ELECTION NOVEMBER, 1986 — ANNEXATION/LINCOLN ACRES 2. Resolution No. 15,021, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986 TO SUBMIT TO THE VOTERS THE QUESTION OF THE LINCOLN ACRES REORGANIZATION." Adopted. See above. ELECTION NOVEMBER, 1986 — ANNEXATION/LINCOLN ACRES 3. Resolution No. 15,022, "A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT A SPECIAL ELECTION OF THE CITY OF NATIONAL CITY ON TUESDAY, NOVEMBER 4, 1986 AND TO CONSOLIDATE THAT ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DAY." Adopted. See above. STREET/EUCLID AVE — COVENANT 4. Resolution No. 15,023, "A RESOLUTION OF THE CITY OF NATIONAL CITY ACCEPTING 13 COVENANTS RUNNING WITH THE LAND FROM PROPERTY OWNERS ALONG EUCLID AVENUE FOR INSTALLATION OF GATES." Adopted. See above. PARKING/TRAFFIC 1. Resolution No. 15,020, "A RESOLUTION ABOLISHING THE 'NO PARKING MONDAY THROUGH FRIDAY' ZONE ON THE NORTH SIDE OF PLAZA BOULEVARD FROM THE PEDESTRIAN TRAFFIC SIGNAL AT 2800 BLOCK OF PLAZA BOULEVARD TO 200 FEET EASTERLY AND RESCINDING RESOLUTION NO. 14,986. (TSC 86-57)." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,020 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. ORDINANCES FOR INTRODUCTION The City Clerk announced that the Mayor requested Item 7 be held over until completion of the agenda. Moved by Cooper, seconded by VanDeventer, the Ordinances be presented by title only. Carried by unanimous vote. Book 67/Page 100 7/1 5/86 SOLID WASTE MGMT — MUNI CODE 5. "An Ordinance of the City of National City amending Ordinance No. 1812 and Title 7 (Property Conservation and Community Appearance Code) of the National City Municipal Code to establish regulations and guidelines for the placement of retroactively required trash receptacle enclosures in the residential, commercial, institutional and industrial zones." ACTION: Moved by Cooper, seconded by Van Deventer, Sections E and F be stricken. Motion and second withdrawn. Moved by Cooper, seconded by VanDeventer, we strike Section F. Carried by unanimous vote. ELECTION NOVEMBER, 1986 — CITY FACILITIES (POLICE) — BONDS 6. "An Ordinance calling an election in the City of National City for the purpose of submitting to the electors of the City a proposition of incurring a bonded indebtedness of the City for the acquisition, construction, and completion of certain municipal improvements; declaring the estimated costs of the municipal improvements, the amount of the principal of the indebtedness to be incurred, and the maximum rate of interest to be paid on the indebtedness; fixing the date of the election, the manner of holding the election, the procedure for voting for and against the proposition and ordering it consolidated with the statewide general election (new police facility)." ORDINANCE FOR ADOPTION ZONING — GENERAL PLAN 8. Ordinance No. 1889, "AN ORDINANCE REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY. (GP-1-86 AND ZC-1-86)." (from CL to RM-3—PD, property on west side of Palm, 190' north of 4th; from CL to IP, property on east side of Palm, 500' north of 4th; from RS-2 to IC, property on east side of Palm, 100' north of 4th). Moved by Van Deventer, seconded by Waters, Ordinance No. 1889 be adopted. Carried by unanimous vote. OLD BUSINESS PERSONNEL 9. SUBJECT: Supporting Data for Requested Tech. II Position in the Engineering Department. RECOMMENDATION: Staff recommends the Tech II position be funded on a permanent basis, or Council allow staff to continue using outside experienced inspectors. City Manager McCabe said this position could be used for inspection and other engineering sub —professional tasks and he would support it. ACTION: Moved by VanDeventer, seconded by Dalla, in favor of the City Manager's recommendation. Motion failed, by the following vote, to —wit: Ayes: Dalla, VanDeventer. Nays: Cooper, Waters, Morgan. NEW BUSINESS FINANCE MGMT 10. SUBJECT: WARRANT REGISTER NO. 01, Ratification of Demands in the amount of ;109,973.97 (Warrants 92690 through 92736). RECOMMENDATION: Ratification of the Warrants. ACTION: Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Councilman Van Deventer said he would abstain on Warrant No. 92720. Warrants (except Warrant No. 92720) ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Warrant No. 92720 ratified by the following vote, to — wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Abstaining: Van Deventer. WRITTEN COMMUNICATIONS SCHOOL 11. SUBJECT: Letter from the San Diego Regional Ad Hoc School Facility Legislation Group regarding the proposed "School Facility Legislative Platform" requesting the City of National City's official position on this matter (Addresses school facility needs and legislative changes necessary to address these needs). Book 67/Page 101 7/1 5/86 ACTION: Moved by VanDeventer, seconded by Cooper, in favor. RECOM MENDATION: Mayor Morgan said the City Manager needs to check into this and put it on next week's agenda. City Manager McCabe said we should invite the individual who wrote the request to attend next week's Council meeting. ACTION: Moved by Morgan, seconded by Dalla, this be tabled for one week. Carried by unanimous vote. OTHER BUSINESS PLANNED DEVELOPMENT PERMIT 12. SUBJECT: Notice of Decision — Planning Commission Resolution No. 32-86 Denying an application for a Planned Development Permit to allow construction of a four unit apartment south of 20th Street between "L" and "N" Avenues. (Applicant: Trans State Builders) Case File No. PD-2-85. RECOMMENDATION: The Planning Commission voted to deny this application. Staff concurred with the Planning Commission. ACTION: The City Clerk reported she received an appeal on this decision, and a public hearing will be scheduled for August 12. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR BUDGET FY86-87 Mayor Morgan spoke of the $100,000 allotted to Council to spend on various projects, saying he is in favor of eliminating it from the budget; it's a bad thing to get started. Moved by Morgan, seconded by Cooper, this ;100,000 be eliminated from the budget. DISCUSSION: Councilman VanDeventer said he would like to see the individual projects that have been approved to be brought back for a vote of support. Councilman Waters said the projects are worthwhile projects, and Council should not be criticized. Mr. Cervantes(?) was present and said he has lived in the City for 15 years; he would like to see the money spent for advertising to let the people of the City (know how to) come to City Hall and take part in the decisions made; all the faces on Council are Anglo and 75% of the people in National City are Mexican —American, and they don't know what is going on. JOHN Allen, 17 S. Kenton St., was present and said he would support Councilman VanDeventer's request, because the projects were all good projects, and Council was earnest and sincere. ACTION: Motion carried by unanimous vote. DISCUSSION: Mayor Morgan said the City Manager should look at the projects that have been proposed and come back with a recom mendation; the Council should not get into it. Councilman Van Deventer said those particular projects are what the people of the City want; he cannot justify waiting another year to see some of these projects done. ACTION: Moved by Van Deventer, seconded by Waters, the funds allocated so far by three members of the City Council be supported as projects for this year. Carried by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: Cooper, Morgan. DISCUSSION: Councilman Dalla said of the things he used the allotted funds for, two of them are covered in the existing budget, and he added a small amount; one of them was not funded in the budget because the funds come from the sale of City property; the two items he would have brought up during the budget are the lighting program, and the Fwy. 805 landscaping. ACTION: Moved by Dalla, seconded by VanDeventer, we eliminate the $9,000 he allocated for the sidewalk program. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Book 67/Page 102 7/1 5 /86 CONFLICT OF INTEREST Mayor Morgan said he asked the City Attorney for a ruling on the proposal Standard Oil has presented to him; the City Attorney is working on a written report; in the meantim e, he has received two checks (one of which the Mayor had returned) from Standard Oil; he has not signed a new agreement with Standard Oil, and would like the City Attorney to hold the checks until he comes up with a ruling. City Attorney Eiser recommended that the Mayor keep the checks uncashed. CITY COUNCIL BUSINESS LICENSE Councilman Van Deventer said Council members received a letter from eleven businesses in the City relative to the hot trucks, and inquired where the issue stands. City Attorney Eiser said he is in the process of drafting a new Ordinance that would reflect the decision of Council to permit the trucks with restrictions. DISCUSSION: Mr. Van Deventer said other businesses in the City are required to pay property tax, sales tax, and have to have adequate parking; more than 50% of the mobile food trucks on the streets do not have business licenses; he would like the City Attorney to do a comparison on what the average the business pays in taxes etc. and what the hot trucks would pay; we could impose a higher fee for a business license for a hot truck. ORDINANCES FOR ADOPTION continued ZONING — MUNI CODE — CONFLICT OF INTEREST 7. Ordinance No. 1890, "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1503 AND 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." CONFLICT OF INTEREST: Mayor Morgan and Councilman Van Deventer stepped down and left Council Chambers. FOR THE RECORD: Councilman Cooper remained as a result of random selection at the meeting of June 24, allowing his participation in order that there would be a quorum. TESTIMONY: Steve Schwartz (Attorney representing property owners whose property might be affected by this Ordinance said Sections 2, 4 and 6 present the greatest problems; if an existing lease expires or is terminated, the business owner would have to get a CUP to open his business in a new location [Section 2]; in order to maintain continuity, an auto repair operator would have to apply for a CUP 60-90 days in advance; Section 4 says if there is alley access, no overhead door will be allowed, which is inconsistent with Section 7 which seeks to confine all of this auto repair business to the inside of the building; without an overhead door, they cannot get the cars in; Section 6 relates to use or non—use of setbacks; if some of the setback cannot be used for parking, it would be so restrictive, the value would be diminished; this Ordinance would create more problems than it would solve, and he requested that Council reject it.) Elias Rodriguez, 1440 "I" Ave. (Council has listened to business people who do not live in the City, and are here only to make money; the Citizens, Action League conducted a series of meetings, the last one attended by Councilman Dalla, and they discussed problems in the area created by the sm all businesses: 1. oil and antifreeze in the streets; 2. paint and overspray from body shops; 3. smog pollution; 4. toxic materials; 5. trash; the sm all businesses generate a lot of traffic; there is not adequate parking for these businesses; he is in favor of this Ordinance.) ACTION: Vice Mayor Cooper said he could accept this Ordinance with the following changes: delete CUP requirement; change the parking requirement to one parking space for every 800 sq. ft. of building space; delete the requirement of one parking space for each service vehicle, but there be one parking space per business for any and all service vehicles. Moved by Dalla, seconded by Cooper, Ordinance No. 1890 be adopted with the changes outlined by Mr. Cooper, and continue working on this problem with Mr. Cooper to work with the people on the west side. Book 67/Page 103 7/15/86 DISCUSSION: FOR THE RECORD: Councilman Dalla said he believes the CUP is the guts of this Ordinance in many ways; he is disappointed that it will be eliminated; let's get something and work from there, as opposed to having nothing after all this effort. Moved by Dalla, seconded by Cooper, we modify the Ordinance and delete those items and make those modifications and bring it back for introduction next week. Carried by unanimous vote. Councilman Van Deventer and Mayor Morgan returned to their places at Council. ADJOURNMENT Moved by Dalla, seconded by Waters, the meeting be adjourned to 7:00 p.m., July 22, 1986. Carried by unanimous vote. The meeting closed at 5:43 p.m. i CITY CI,RK The foregoing minutes were approved at the regular meeting of July 22, 1986. Corrections No co-, ections M Y CITY OF NATIONAL CITY, CALIFORNIA