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HomeMy WebLinkAbout1986 08-26 CC MINBook 67/Page 129 8/26/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 26, 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: 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 Moved by Dalla, seconded by VanDeventer, approval of the minutes of the regular meetings of August 12 and August 19, 1986 be held over one week. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS PARKING/TRAFFIC — POLICE PROTECTION DAVID WIGNALL, 2819 E. 11th St., was present and said the area of Arcadia and 10th is like a supermarket for drugs; it goes on from 4:30 p.m. to midnight; he has known about the problem for over two months; some of his neighbors have called the police, but other neighbors are elderly and are afraid to report it. Mayor Morgan said this is a serious charge and the police should be notified. PARKING/TRAFFIC — POLICE PROTECTION Councilman Waters reported receipt of a petition signed by 15 citizens who are concerned about problems created by the Trophy Lounge. EDWARD SCHUMAN, 912 "A" Ave., was present and said a local business was broken into and cars have been broken into; Trophy Lounge has seating capacity for 250 people, but only 25 off—street parking spaces; the bank is no longer allowing them to use their parking lot; there is a lot of drinking activity in the area of Brick Row. Planning Director Post said a year or two ago, the Trophy Lounge applied for a permit to expand their parking lot and it was approved; he will need a day or two to check this out. Councilman Waters requested that the City Clerk read into the record the petition signed by residents in the Brick Row area: "We, the below named residents of Brick Row, request limited parking for Residents only between the hours of 6 p.m. and 5 a.m. This time schedule would not interfere with the daily parking now in existence during the day time hours. "The reason for our request is our available space are now taken up by patrons of a nearby bar. If we come home after 6 p.m. we have no space for residents, because of the bar patrons parking in front of our homes. This would also give us some noise elimination by the fact of bar people are louder and more expressive even up and after 3 a.m. Some of us do park behind our homes, but there again, people are milling around the alley and are excessively noisy and use the alley and backyards for toilet relief. Not safe at night. The bars people capacity is for 250 people and they have only about 25 off—street parking spaces, so we do understand their parking problem, but we don't wish the burden put on us. This is our homes and would like to park in front of our residence. "Thank you." I I Book 67/Page 130 8/26/86 Councilman Cooper said the owners of the Trophy Lounge bought the property across the street and are going to make more parking over there. ACTION: Moved by Cooper, seconded by VanDeventer, this be referred to the Traffic Safety Committee to consider a permit parking district. Carried by unanimous vote. DAN MURPHY, 936 "A" Ave., was present and said he is awakened in the middle of the night by the noise from the Trophy Lounge; they start cleaning and dumping trash at 3:00 a.m.; they are expanding and hauling in materials, and something is going to have to be done; their lot on "A" Ave. is not being used for parking, but is being used for junk. Planning Director Post said he would check that out. CHARLIE BRADLEY, 938 "A" Ave., was present and said the exhaust fan from the Trophy Lounge sends smoke and fumes into his backyard, and they cannot open their back door because of the smoke; their property has been damaged; the front fender of his car was kicked in. ANIMAL CONTROL LARRY BORSMAN (Director of Development, San Diego Humane Society), 3503 Argonne St., San Diego, was present and spoke of the Ordinances adopted by the County Board of Supervisors regarding the carrying of animals in open vehicles and leaving animals in parked, unattended vehicles. Mr. Borsman was advised that this matter has been referred to the Police Dept. and it will be back on the agenda in approximately two weeks. I I FREEWAY/HIGHWAY WARREN NIELSON was present and gave Council an update on the compromise Buena Vista Rte. 252 connector; Jacob Dekema signed a petition saying he would endorse the connector, and he would like CalTrans to be authorized to do 1 a cost analysis; a suit was filed yesterday on behalf of the former property owners; he will be going to Chula Vista tonight to try to persuade them to endorse a cost analysis. PARKING/TRAFFIC — POLICE PROTECTION KEN , 923 "A" Ave., was present and said he and his wife are caretakers of the Kimball House Museum; a lot of people come into that area and party late at night; they are loud and destructive and the problem is getting worse. ZONING — BUILDING PERMIT MIGUEL GOMEZ, 3622 Beta, San Diego, was present and said he owns property at 15th & Roosevelt; he started construction on his property a few years ago, but had to stop because of lack of funds; he decided recently to start building again, and has applied for permits; if the new Ordinance requiring Tots to be 7500 sq. ft. applies to his property, his property is useless. City Attorney Eiser said the Ordinance does not take effect until the middle of September; another issue is the expired building permit, and it would have to be determined if it could be renewed. Mr. Gomez continued, his plumbing is in, water and sewer are in; his walls are 4' high; he needs to add another 8'; he has applied for his permits, but they are on hold. Councilman Waters said if Council doesn't take any action on this tonight, this would fall under the old Ordinance. Mr. Gomez was advised to contact the Building & Safety Dept. tomorrow. PARKING/TRAFFIC — POLICE PROTECTION JIM LADD, 1433 E. 24th St., was present and said he owns two units on Brick Row; he is also concerned about the problems in the Brick Row area; it might be a good idea for the City to try and resolve the problems. LUCY FLORES, 40 and 45 E. Plaza, was present and said her garage faces Plaza; she puts her car in the garage and sometimes she cannot get out; people park in her driveway; she parked in front of her garage and got two citations. Mayor Morgan said the police will be checking that out. Ms. Flores inquired if the book store would be going in next to the Trophy Lounge; the owner also owns the property on "A" Ave. next to the Trophy Lounge. Planning Director Post said he is not aware of any permit; there are no applications at this point; the City has very stringent regulations regarding adult book stores; it would be difficult to relocate the store at that location. I 1 Book 67/Page 131 8/26/86 BILL ALLEN, 910 "A" Ave., was present and said in the last election, he was promised that something would be done about the parking around Brick Row, but nothing has been done; when people park in front of his house, he asks them to leave. ZONING — BUILDING PERMIT DICK PLUM LEE, 1213 Skylark, La Jolla, was present and said he has three projects on the west side, and would like to make sure they fall under the old Ordinance; his plans are in plan check, and he is trying to get his permits right now. Mr. Plumlee was advised that this would be considered after completion of the agenda. PUBLIC HEARINGS COMMUNITY DEVELOPMENT COMMISSION/BLOCK GRANT — FLOOD CONTROL —TRAFFIC SIGNALS — CITY FACILITY/GYMNASIUM — STREET LIGHTS 1. SUBJECT: Public Hearing — Review of performance and public comment on three Community Development Block Grant Programs. RECOM MENDATION: Executive Director, Community Developm ent Com mission recommends approval of the following: State CDBGP, $600,000 (all funds have been expended in making 63 loans for home improvement to persons of lower income); State Economic Development Block Grant, ;400,000 (obligated, but not yet spent for the storm drainage system to be build within 30th St. and within National City Blvd., abutting the site of the Duck Pond, where Brown Motors will construct new car sales facilities); Federal CDBGP, 1985, $1,105,000 (funds are programmed and being expended as follows: home improvement loan program — $205,000; 9th & Edgerton drain — $100,000; traffic signals — $150,000; gymnasium — $150,000; street lights — $100,000; redevelopment, storm drain, 30th & National City Blvd. — $400,000). TESTIMONY: None. ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed and staffs recommendations be approved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions 15,063 through 15,069) Moved by Van Deventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Vice Mayor Cooper requested Nos. 2, 7 & 8 be considered separately. Mayor Morgan requested No. 4 be considered separately. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except Nos. 2, 4, 7 & 8) be adopted. Carried by unanimous vote. REVENUE AND TAXATION 3. Resolution No. 15,064, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FIXING AND ADOPTING THE TAX RATE OF THE 1986- 87 FISCAL YEAR." Adopted. See above. COMMUNITY DEVELOPMENT COMMISSION/BLOCK GRANT 5. Resolution No. 15,066, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING GRANTEE PERFORMANCE REPORTS FOR THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1982- 1983, THE STATE ECONOMIC DEVELOPMENT BLOCK GRANT 1983-1984 AND THE FEDERAL ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT 1985-1986 AND AUTHORIZING FILING THEREOF." Adopted. See above. POLITICAL SUPPORT — SCHOOLS 6. Resolution No. 15,067, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY URGING THE LEAGUE OF CALIFORNIA CITIES TO SUPPORT STATE LEGISLATION SEEKING AN EQUITABLE METHOD FOR FINANCING SCHOOLS." Adopted. See above. DEEDS AND EASEMENTS 2. Resolution No. 15,063, "A RESOLUTION ACCEPTING A GRANT OF A PERMANENT EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF A WALL AND RELATED FACILITIES ON PALM AVENUE (SACRAMENTO PROFESSIONAL INVESTMENT GROUP)." Moved by Waters, seconded by VanDeventer, Resolution No. 15,063 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. Book 67/Page 132 8/26/86 PARKING/TRAFFIC/PERMIT PARKING 4. Resolution No. 15,065, "A Resolution of the City Council of the City of National City authorizing the revision of boundaries of preferential permit parking area "C" as established by Exhibit "A" to Resolution No. 14,737." Moved by VanDeventer, seconded by Dalla, Resolution No. 15,065 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. CONTRACT — FLOOD CONTROL — LANDSCAPING 7. Resolution No. 15,068, "A RESOLUTION DECLARING RETAINING WALLS COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RETAINING WALLS COMPANY." Moved by VanDeventer, seconded by Waters, Resolution No. 15,068 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. BUDGET FY86/87 — FLOOD CONTROL — LANDSCAPING 8. Resolution No. 15,069, "A RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR ROADWAY PROTECTION — PALM AVENUE SOUTH OF 8TH STREET (ENGINEERING SPECIFICATION NO. 985)." Moved by Waters, seconded by VanDeventer, Resolution No. 15,069 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. RESOLUTION (NOT A PART OF THE CONSENT RESOLUTIONS) BUDGET FY86/87 — HIGHWAY/FREEWAY 9. Resolution No. 15,070, "REPORT AND RESOLUTION FROM THE 252 COMMITTEE REGARDING A PROPOSED APPROPRIATION OF FUNDS BY NATIONAL CITY FOR A ROAD THROUGH THE 252 CORRIDOR." City Attorney Eiser read the Resolution in full. Moved by Cooper, seconded by VanDeventer, Resolution No. 15,070 be adopted. Carried by unanimous vote. OLD BUSINESS ASSESSMENT DISTRICT 226 — BUDGET FY86/87 10. SUBJECT: Report on Extension of 17th Street (1911 Act District No. 226, Ms. Jones' property at 1645 Lanoitan). RECOMMENDATION: City Manager McCabe recommended that Council wait and not purchase the land. ACTION: Moved by Waters, seconded by VanDeventer, in favor of the City Manager's recommendation. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Cooper, Morgan. SCHOOL 11. SUBJECT: Report on School Facility Legislative Platform. RECOM MENDATION: Staff recommends that the San Diego Regional Ad Hoc Group suggest that lottery money be made available for construction and rehabilitation of school facilities, and that Mr. Kilkenny clarify the questions brought up by the Planning Dept. in their report. TESTIMONY: Kim Kilkenny, 6336 Greenwich Dr., San Diego (There is not enough money in the lottery funds to address the problem; diverting lottery funds to capital improvement projects will not solve the problem. Mr. Kilkenny answered Council's questions.) ACTION: Moved by VanDeventer, seconded by Dalla, we support this policy, and we do everything we can to encourage the legislators in Sacramento to come up with funds without taxing the people locally. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. PARKING/TRAFFIC 12. SUBJECT: Report on Angle Parking Study, west of National City Boulevard. RECOMMENDATION: Traffic Safety Committee voted to approve staffs report, with the recommendation that Wilson Ave. be deleted from the angle —parking program, and that a public hearing be held to receive community input. ACTION: Moved by Waters, seconded by VanDeventer, in favor of the Traffic Safety Committee's recommendation, the City Manager to bring back a timetable and recommendation, and we not proceed until the property owners have been notified. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Book 67/Page 133 8/26/86 NEW BUSINESS FINANCE MGIIIT 13. WARRANT REGISTER NO. 7, Ratification of Demands in the amount of $42,113.35 (Warrants Nos. 93201 through 93289). RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: 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. OTHER BUSINESS CUP — ALCOHOLIC BEV LICENSE 14. SUBJECT: Planning Commission — Notice of Decision. Resolution No. 41-86 approving application of Conditional Use Permit to allow the sale of alcoholic beverages as an incidental use in conjunction with a restaurant and bar at 1908 Sweetwater Road (Applicant: Brier Patch, Jim Harris, Case File No. CUP-1986- 13). RECOMMENDATION: The Planning Com mission conditionally approved the application. Staff concurs with the Planning Commission's recom mendation. ACTION: Moved by Waters, seconded by Van Deventer, this be approved. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. SUBDIVISION 15. SUBJECT: Planning Commission — Notice of Decision. Approval of 6 months extension for the tentative map and approval of the final map for the subdivision of 1.34 acres into 8 residentially zoned parcels on property located within the 3700 block of Sweetwater Road, south side. (Applicant: Earl Penny, Famdel Corporation, Del Rio Corporation, Case File No. S-1-84). RECOMMENDATION: The Planning Commission recommends adoption of this final subdivision map after approval of the six—month time extension on the expiration of the Tentative Map. Staff concurs with the Planning Commission's recommendation. ACTION: Moved by Van Deventer, seconded by Cooper, this be approved. Carried by unanimous vote. CUP 16. SUBJECT: Planning Commission — Notice of Decision. Resolution No. 35-86 denying application for Conditional Use Permit to allow additional hours for the sale of alcohol from Midnight to 2:00 AM, and to permit live entertainment and dancing as an incidental use to a restaurant at 105 East 8th Street. (Applicant: Mike Dini, Case File No. CUP-1986-10). RECOMMENDATION: The Planning Commission voted to deny this application. Staff concurs with the Planning Com mission's denial. TESTIMONY: The City Clerk reported an appeal has been received, and she has tentatively set this for public hearing on September 23. ACTION: Moved by Van Deventer, seconded by Cooper, this be set for public hearing on September 23. (Later changed to October 14, 1986 with agreement by applicant's attorney, providing it is the first hearing on the October 14 agenda.) Carried by unanimous vote. VARIANCE — ZONING — PARKING/TRAFFIC — CONFLICT OF INTEREST 17. SUBJECT: Planning Commission — Notice of Decision. Resolution No. 37-86 denying application for Zone Variance to reduce the number of required parking spaces and increase the permitted ratio of compact car spaces in conjunction with proposed development plans for a commercial center on the south side of Plaza Boulevard, 184 feet east of Euclid Avenue. (Applicant: Branko Geglch, Case File No. Z-02-86). RECOMMENDATION: The Planning Commission voted to deny this application. Staff concurs with the Planning Commission's denial. CONFLICT OF INTEREST: Mayor Morgan said he owns Jimmy's Restaurant at Plaza & 805. City Attorney Eiser advised the Mayor that it might be advisable for him to abstain. ACTION: Ordered filed by the following vote,to—wit: Ayes: Cooper, Dalla, Van De venter, Waters. Nays: None. Abstaining: Morgan. Book 67/Page 134 8/26/86 BUDGET FY86/87 — LEAGUE OF CALIF CITIES 18. SUBJECT: Request for Planning Commission to attend League of Cities Annual Conference. RECOM MENDATION: Staff recom mends approval. ACTION: Moved by VanDeventer, seconded by Waters, in favor of this request. Carried by unanimous vote. TRANSPORTATION/NATIONAL CITY TRANSIT — COMMUNITY PROMOTION 19. SUBJECT: Proposal to reduce the fare on National City Transit buses on Saturday, September 20, 1986 to promote National City's Annual Heritage 1 Celebration Days. RECOM MENDATION: Staff recommends approval. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. TRANSPORTATION/NATIONAL CITY TRANSIT 20. SUBJECT: Proposal to place regional transit logo on National City buses. RECOM MENDATION: Staff recommends approval. ACTION: Moved by Cooper, seconded by Van Deventer, this be approved. Carried by unanimous vote. PERSONNEL BEN/RET 21. SUBJECT: Conciliation Agreement with U.S. Equal Employment Opportunities Commission. RECOM MENDATION: Staff recommends this be received and filed. ACTION: Moved by Cooper, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF BD/COMM/TRAFFIC SAFETY COMMITTEE The City Clerk said former Traffic Safety Committee member Cliff Bailey, who wrote a letter of resignation for reasons of health last April, has advised her that his health has since stabilized and he would like to continue on this Committee; no one has been appointed to fill this position. ACTION: Moved by Cooper, seconded by Van Deventer, we ratify this reappointment. Carried by unanimous vote. LEAGUE OF CALIF CITIES The City Clerk reported that the League of California Cities would like Council to appoint a voting delate and an alternate for the conference. ACTION: Moved by Waters, seconded by Van Deventer, we designate City Manager McCabe as the voting delegate and City Attorney Eiser as the alternate. Carried by unanimous vote. FREEWAY/HIGHWAY The City Clerk spoke of the meeting on Rte. 252 on Thursday, and inquired what time the meeting started. Mr. Dalla said he understands the item is scheduled for some time in the afternoon, but a specific time has not been set; it was suggested that interested persons be there some time after lunch. MAYOR BUDGET FY86-87 22. SUBJECT: Letter from The California Veteran requesting that the City advertise in the VF W's newspaper. RECOMMENDATION: None. ACTION: Moved by VanDeventer, seconded by Waters, we spend $238 (one —eighth page, 4" x 4"). Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. CITY COUNCIL PARKING/TRAFFIC Vice Mayor Cooper said last week Mrs. Bundy spoke of a problem on "M" Ave, and inquired if staff had gone down there to check it out. City Manager Mc Cabe replied that staff had checked it out, and a written report has been made; it will be brought back next week. Book 67/Page 135 8/26/86 PARKING/TRAFFIC 23. Parking problem and trouble in the neighborhood which will be discussed by Councilman Waters. See above. CITY CODE Councilman Waters said he has received phone calls regarding two newspaper articles, one appearing in the San Diego Union, and one in the National City Star News; according to the articles, Mr. VanDeventer has apparently admitted to violating City Codes by moving abandoned automobiles that were on his private property onto the City streets; another apparent violation, he was quoted as saying that these vehicles were left on the streets while he attempted to contact the sub —tenant that left the cars; he would like Mr. VanDeventer to respond as to whether he knew that he was violating City Codes by moving the automobiles onto the street from his private property, and the subsequent violation of leaving them there on the City streets for days; several employees have asked why a certain individual who had one meeting with the staff on City time for approximately 20 minutes was fired from her job, paid lawyer's fees, and lost one month's pay; another employee was fined ;2200 for using City staff for his own personal gain; why were they not allowed to just pay the cost of the City staff's time, and receive no fine like the Councilman? Mr. Waters continued, the Penal Code states fines of up to ;1000 can be levied against violators who openly admits he put those automobiles on the City streets, yet no fines have been imposed; the feeling is that there is a double standard here; he tried to assure the employees that there is no double standard; he would like the Council to address the question of what action should be taken to enforce these Codes that have been violated; if Council feels there is not problem here, we will just file it. HIGHWAY/FREEWAY Councilman Dalla said we need to forward copies of the Resolution on Rte. 252 to CalTrans and the City of San Diego. ZONING — BUILDING PERMIT — CONFLICT OF INTEREST Mayor Morgan said Council could consider the matter of Mr. Plumlee's building permits at this time; he owns property on the west side and cannot take part in the discussion. Councilman VanDeventer said he too has a conflict of interest and would not take part in the discussion. Councilman VanDeventer and Mayor Morgan left Council Chambers. 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: DICK PLUMLEE, 1213 Skylark, La Jolla (He has three projects pending on Wilson Ave.; his plans are out of plan check and he has applied for permits for the projects at 1840 & 1900 Wilson Ave.; he was been waiting for about two weeks.) ACTION: Moved by Cooper, seconded by Waters, any plans that have been submitted prior to September 12, the permits will be issued under the old Ordinance; anything else will be considered under the new Ordinance. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Absent: VanDeventer, Morgan. Mayor Morgan and Councilman VanDeventer returned to their places at Council. ADJOURNMENT Moved by Cooper, seconded by VanDeventer, the meeting be adjourned to 4:00 p.m., September 2, 1986. Carried by unanimous vote. Thy meeting closed at 8:52 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of September 2, 1986. Corrections No cif ections i ' .//l.►er, v ./ OR CITY OF NATIO AL CITY, CALIFORNIA