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HomeMy WebLinkAbout1986 07-22 CC MINBook 67/Page 104 7/22/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA J U L Y 22, 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, 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, the minutes of the regular meetings of July 1, July 8, and July 15, 1986 be approved with Item 8 of the minutes of July 1 to appear in the minutes verbatim. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Moved by Dalla, seconded by Cooper, we strike all testimony that appears in the minutes of the meetings of July 1 and July 8, and simply list the people who speak in favor and those who speak in opposition. Mayor Morgan left his seat at Council. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer. Nays: Waters. Absent: Morgan. Moved by Van Deventer, seconded by Dalla, the minutes of the regular meetings of July 1, July 8 and July 15 be approved with the modifications voted on. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Absent: Morgan. Mayor Morgan returned to his place at Council. PRESENTATIONS PERSONNEL Mayor Morgan presented a 25—year anniversary pin to Asst. Tree Trim mer Henry Davis, and thanked him for the excellent job he has done for the City. SCHOOL SUBJECT: Presentation of the proposed "School Facility Legislative Platform" by a representative of the San Diego Regional Ad Hoc School Facility Legislation Group. TESTIMONY: Kim Kilkenny was present to outline the proposal and answer Council's questions. ACTION: Moved by VanDeventer, seconded by Cooper, this be brought back in 30 days, and staff meet with the School District to get answers to Council's questions. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS STREET HELEN STERLING, 2320 E. 16th St., said she is upset because 16th St., between Orange and Euclid has been red —curbed on both sides of the street; no one informed the residents that it would be done; she has a two —car driveway and four drivers in her family, and the nearest parking space is two blocks away; they have put in a turn lane, and the street is not wide enough. Mayor Morgan said Council should go out and look at this street and disucss it further at the next meeting. REVENUE AND TAXATION JOHN ALVIN, 17 So. Kenton was present and said he heard on the news that the State is allowing cities to charge convicted drunk drivers for costs involved in the arrest and processing; if the City takes this position, he would suggest that the funds be used for bike lanes. FREEWAY/HIGHWAY WARREN NIELSON was present and gave Council an update on the compromising Rte. 252 connector. Mayor Morgan advised Mr. Nielson that the City is working on it and will continue to work on it. Councilman Dalla said he would meet with Mr. Nielson and discuss it. Book 67/Page 105 7/22/86 SUBDIVISION/VALLEY ROAD DAN BIGGS, 2245 San Diego Ave., San Diego was present on behalf of Odmark Development Co., and said all work that can be done has been done; they cannot obtain building permits until the map has been recorded. Mr. Biggs requested that Council take action on the subdivision map so that it can be recorded; the Grant Deed was recorded today. RECOMMENDATION: Principal Planner Ray said the Planning Commission recommends approval. ACTION: Moved by Waters, seconded by Cooper, in favor of the Planning Commission's recommendation. Carried by unanimous vote. RECOMMENDATION: City Attorney Eiser said there should be a Resolution approving this; Council can recess to afford him time to draft a Resolution. ACTION: Moved by Cooper, seconded by VanDeventer, the City Attorney draft a Resolution tonight to be presented on completion of the agenda. Carried by unanimous vote. PUBLIC HEARINGS STREET VAC/WEST 19TH ST — CONFLICT OF INTEREST 1. Subject: Public Hearing — Vacation of Public Way, portions of West 19th St. between Wilson Ave. and the alley west of Wilson Ave. (Applicant: S. T. Trust, a General Partnership) SC-2-86. The City Clerk reported the Certificate of Publication and Affidavit of Posting were on file. CONFLICT OF INTEREST: Mayor Morgan said he has a new lease for the Standard Oil Station he owns at 8th & Roosevelt and inquired if he should vote. City Attorney Eiser said it is more than eleven blocks away and he did not see a problem. RECOMMENDATION: Planning Commission recommends that Council approve the proposed vacation with specified conditions and the proposed Negative Declaration be adopted. Staff concurs with the Planning Commission's recommendation. TESTIMONY: None. ACTION: Moved by Cooper, seconded by Van Deventer, the public hearing be closed and vacation of this public way be granted. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Consent Resolutions (Resolutions 15,024 through 15,028) Moved by Cooper, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Mayor Morgan requested No. 4 be considered separately. Councilman Waters requested No. 5 be considered separately. Moved by Dalla, seconded by Van Deventer, the Consent Resolutions (except Nos. 4 & 5) be adopted. Carried by unanimous vote. NOTICE OF COMPLETION — PARK/KIMBALL 2. Resolution No. 15,024, "A RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR KIMBALL PARK POWER MODULES INSTALLATION (ENGINEERING SPECIFICATION NO. 986)." Adopted. See above. EASEMENT — STREET/PALM AVE 3. Resolution No. 15,025, "A RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR ROADWAY PROTECTION FROM CHARLES L. CUTLER (APN 557-250-04)." Adopted. See above. CONTRACT — TRANSPORTATION 6. Resolution No. 15,028, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF PROPOSED AGREEMENT COVERING ALLOCATION AND DISBURSEMENT OF REGIONAL READY PASS SALES REVENUES FOR FISCAL YEARS 1987." Adopted. See above. STREET — BUDGET FY85-86 4. Resolution No. 15,026, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1 FOR INSTALLATION OF SIDEWALK CURB AND GUTTER AT VARIOUS LOCATIONS IN NATIONAL CITY (ENGINEERING SPECIFICATION NO. 976)." Moved by Dalla, seconded by Cooper, Resolution No. 15,026 be adopted. Carried, by the following vote, to — wit: Ayes: Cooper, Dana, Van Deventer, Waters. Nays: Morgan. Book 67/Page 106 7/22/86 CONTRACT — PARAMEDICS — INSURANCE 5. Resolution No. 15,027, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND TRANS—MED DBA HARTSON'S AMBULANCE FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,027 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Morgan. Nays: Waters. RESOLUTIONS NOT A PART OF THE CONSENT AGENDA Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. BUDGET FY86-87 — CITY FACILITY/CIVIC CENTER 7. Resolution No. 15,029, "A RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE CITY ADMINISTRATION BUILDING AIR CONDITIONING AND ROOF IMPROVEMENTS, ENGINEERING SPECIFICATION NO. 972." Moved by VanDeventer, seconded by Da11a, Resolution No. 15,029 be adopted. Carried by unanimous vote. CONTRACT — BUDGET FY86-87 — CITY FACILITY/CIVIC CENTER 8. Resolution No. 15,030, "A RESOLUTION DECLARING SAN MARCOS SHEET METAL AND MECHANICAL, INC. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAN MARCOS SHEET METAL AND MECHANICAL, INC." (Air Conditioning and Roof for Civic Center) Moved by VanDeventer, seconded by Cooper, Resolution No. 1(, 30 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION ZONING — MUNI CODE — CONFLICT OF INTEREST 9. "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 VanDeventer stepped down and left Council Chambers. Vice Mayor 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. ACTION: Moved by Cooper, seconded by Dalla, the Ordinance be presented by title only. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Absent: VanDeventer, Morgan. ACTION: Moved by Waters, seconded by Dalla, Section 4(B) be amended to include "if there is to be an overhead door in front of the building, there must be a 20' setback; if there is alley access, and the overhead door faces the alley, they can have a normal setback; only one overhead door facing a street shall be allowed on a corner lot. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Absent: VanDeventer, Morgan. Councilman VanDeventer and Mayor Morgan returned to their places at Council. ORDINANCES FOR ADOPTION Moved by Dalla, seconded by Cooper, the Ordinances be presented by title only. Carried by unanimous vote. SOLID WASTE MGIMT// 9 U CODE 10. Ordinance No. 4-89T; "A� �R MITANCE 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." Moved by VanDeventer, seconded by Dalla, Ordinance No. 1891 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Book 67/Page 107 7/22/86 ELECTION NOVEMBER, 1986 — CITY FACILITY/POLICE — BONDS — CONFLICT OF INTE _tp 11. Ordinance No. 349 " trDIINANCE IN THE MATTER OF CALLING AN ELECTION IN THE CITY OF NATIONAL CITY FOR THE PURPOSE OF 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." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1892 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. CONFLICT OF INTEREST: Mayor Morgan said he abstained because he owns the property at 8th & Roosevelt. ADOPTION OF RESOLUTIONS CONT'D. ELECTION NOVEMBER, 1986 — CITY FACILITY/POLICE — BONDS 12. Resolution No. 15,031, "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." Moved by Dalla, seconded by Van Deventer, Resolution No. 15,031 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGMT 13. SUBJECT: WARRANT REGISTER NO. 02, Ratification of Demands in the amount of $158,046.97 (Warrants Nos. 92737 through 92803). RECOM MENDATION: Ratification of the Warrants. ACTION: Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. CLAIMS/LITIGATION 14. SUBJECT: Claim for Damages: Jose T. Solano, 15. Claim for Damages: Bryan Whelchel, and 16. Claims for Damages: Sharif Notem Diggs, Evelyn Thornton, Pamela Marie Heffelfinger and Albert Lee Thornton. RECOMMENDATION: Deny and refer to the City Attorney. ACTION: Moved by VanDeventer, seconded by Cooper, these claims be denied and referred to the City Attorney. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR CONFLICT OF INTEREST Mayor Morgan asked the City Clerk to read into the record the City Attorney's memo of July 18 regarding the Mayor's property at 8th & Roosevelt: "July 18, 1986 "To: Mayor Morgan "From: City Attorney "Subject: Property at 8th and Roosevelt "l have reviewed the proposed modification to your lease (copy attached) with Chevron U.S.A. Inc. for your property at 8th and Roosevelt. Based on this modification, it appears that the Community Development Commission can proceed to sell property located in Acquisition Area 'A' for reuse without Government Code Section 1090 being violated, provided that you abstain from participating in the transaction, indicating for the record the reason for your abstention, ie. your ownership of the real property. Book 67/Page 108 7/22/86 "Based on my telephone discussion of this matter with Deputy District Attorney James Hamilton, I have been given positive assurances that the District Attorney's Office would not pursue criminal action if this course of conduct is followed. "Although there are no appellate decisions directly on point with the facts presented here, it appears that without the cents per gallon rental provisions of your lease, your interest in the subject property is a 'remote interest', falling within the 'landlord/tenant' exception of Goverment Code Section 1091 (b)(4), one of the exceptions to the general conflict of interest prohibitions of Section 1090. "(s)George H. Eiser III City Attorney cc: City Council Executive Director, C DC Dep. Dist. Atty Hamilton" Mayor Morgan said if Mr. Eiser sees any problem in the redevelopment area, he should advise him (Mayor) immediately. CITY COUNCIL MEETING Mayor Morgan spoke of Executive Sessions, saying we need to let the public know what is going on in Executive Sessions; the attorney should report what Council has been talking about so the public will know what is taking place; he has gotten quite a few phone calls, and he gets a little nervous because he doesn't want to go into Executive Session and do anything improper; he is here to serve the people of National City. City Attorney Eiser said prior to closed sessions, he has stated the reason for the closed session; there have been no violations of the Brown Act since he has been here. Councilman Waters said he has received several calls regarding the way the matter of the food trucks was handled; Executive Sessions are called for litigation; it is a belief that a decision was made in Executive Session; that matter was handled a little poorly. Vice Mayor Cooper said he agrees that the people need to know what is going on; however we have Executive Sessions to discuss litigation for things that are happening to the City which Council cannot talk about because it could jeopardize the court procedure; he would like the newspaper to prove Council is violating the Brown Act. FREEWAY/HIGHWAY — CONFLICT OF INTEREST Mayor Morgan said he and Councilman Dalla listened to tapes, and he would ask the Attorney where in those tapes it says that the City is going to get into landscaping 805 from Division St; he is opposed to using City funds to take care of the State's obligations. Mayor Morgan inquired if the City Attorney thought he was getting into something that would help or jeopardize his restaurant at Plaza & 805. City Attorney Eiser said the question would be whether landscaping would have a financial effect. Moved by Waters, this be put on the agenda in two weeks. Motion died for lack of second. STREET — SHOPPING CENTER/PLAZA TOWN CENTER Mayor Morgan inquired about installing a wide curb return at the entrance to the addition to the shopping center in the 1000 Block of Plaza. City Engineer Stafford said he didn't think that would work out too well; cars would be entering that private lot at an inappropriate speed. CITY COUNCIL Councilman Van Deventer said "V" Ave. has been brought up many times; there is a new 100—unit convalescent home at 5th & "V"; traffic is a problem between 4th & 5th coming in that direction; if we don't get a 1911 Act going, we are going to have an impacted area. ACTION: Moved by Van Deventer, seconded by Morgan, we refer this to the Planning Dept. for a recommendation. Carried by unanimous vote. Mayor Morgan called a five—minute recess at 8:43. Council reconvened at 8:48. Book 67/Page 109 7/22/86 ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. RESOLUTION SUBDIVISION/BONITA VALLEY Resolution No. 15,032, "A RESOLUTION APPROVING THE FINAL SUBDIVISION MAP FOR THE BONITA VALLEY SUBDIVISION." City Attorney Eiser read Resolution No. 15,032 in full. Moved by VanDeventer, seconded by Cooper, Resolution No. 15,032 be adopted. Carried by unanimous vote. Mayor Morgan called a recess for the Community Development Commission meeting at 8:51 p.m. Council reconvened at 9:53 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. FLOOD CONTROL — REDEVELOPMENT ACTION: Moved by Morgan, seconded by VanDeventer, we authorize the City Manager to come back with funding for this drain (CDC — Duck Pond) and options. Carried by unanimous vote. ADJOURNMENT Moved by VanDeventer, seconded by Waters, the meeting be adjourned to 4:00 p.m., August 5, 1986. Carried by unanimous vote. The meeting closed at 9:58 p.m. CITY CLE K The foregoing minutes were approved at the regular meeting of August 5, 1986. Corrections No c..i ections MAY CITY OF NATIONAL CITY, CALIFORNIA