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HomeMy WebLinkAbout1986 09-23 CC MINBook 67/Page 150 9/23/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 23, 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 Chaplain Wilfred Reyna, Paradise Valley Hospital. APPROVAL OF MINUTES The City Clerk reported the minutes of the regular meeting of September 16 had not yet been distributed. PROCLAMATIONS Moved by VanDeventer, seconded by Dalla, the Proclamations be read by title only. Carried by unanimous vote. The Proclamation declaring the days of October 3rd and October 4th, 1986 as "LIONS CLUB WHITE CANE DAYS" was presented. Moved by VanDeventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Dave Snyder. The Proclamation declaring the week of October 1-8, 1986 as "COLONIAL HERITAGE WEEK" was presented. Moved by VanDeventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. The Proclamation declaring the month of October 1986 as "HEAD START AWARENESS MONTH" was presented. Moved by VanDeventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS PERSONNEL LABOR REL VERONICA PEASE, City employee and a member of the MEA was present and said she is confused; in the newspaper, the City Attorney was quoted as stating that the City Council could only adopt the City's last offer by State Law; if that is true, why did we have a public hearing? One of the Council members indicated the MEA could have swayed the Council had it made its presentation last week; she would like an explanation. City Attorney Eiser said if Council is unilaterally implementing management's last, best offer, it must do just that; the public hearing was to explore the opportunity to do something different, but the course of action chosen by Council was to implement management's last, best offer. Councilman VanDeventer said he had not made up his mind and he asked the MEA attorney to come forward, but he declined; he felt the MEA attorney must not have felt that he had a case. Mrs. Pease continued, the paper stated that the employees got a 5.9% increase for the year; this is September; the increase is only for nine months and that is not 5.9%; she has many questions. PLANNED DEVELOPMENT — ZONING CHRIS CHRISTIANSON was present and said he has a recommendation which he hopes will be a solution that will allow the neighbors of this property (south of 20th St., between "L" & "N" Avenues), as well as the owners to enjoy the neighborhood, and the Council and the Planning Commission not to have hear this for the next five years; he is proposing the buildings be put on one level and reduce the number from four to three; he has provided a diagram showing the elevation and plot plan. Planning Director Post said he has not had an opportunity to review the proposal; Council initiated a rezoning of this property to single—family, which has been recommended for approval by the Planning Commission. Book 67/Page 151 9 /23 /86 ACTION: Moved by Cooper, seconded by VanDeventer, staff take a look at these plans, let the Mayor go out and take a look and get a feeling from the people, and bring this back to Council. Carried by unanimous vote. PERSONNEL LABOR REL MARIO ESPINOSA, City employee, was present and said last week Council approved a 5.9% increase for employees; we would like to get retroactivity; (Mr. Espinosa gave Council members copies of a letter to employees from Vice Mayor Cooper thanking them for the good job they did over the Fourth of July); we would like Council's help now in receiving a retroactive increase; Council has been fair with employees in the past, and we would like to deal the best we can with Council, and asked for Council's cooperation. PERSONNEL LABOR REL BEN HENSLEY, City employee, was present and addressed the issue of the employees' contract; he feels like he has been shown prejudice and he has been discriminated against; anybody that would support this kind of action is supporting discrimination against the common worker. PERSONNEL LABOR REL JOE SMITH, City employee, was present and said he is here for the same question; Council stated the employees were given 5.9%; Council said they voted on it in closed session and they budgeted 5.9%; because of the time factor, and because the City didn't give employees the final package until August 15, we will not get 5.9%, but roughly 4.9%; employees who work overtime regularly will get closer to 4%; if it was budgeted, why can't it be? Vice Mayor Cooper said back in July, the negotiating team took the 5.9% back to the group and they accepted it, but the other points of the contract were not accepted; the employees could have settled at that point and had the full 5.9%; the employees would not sign the contract because of differences in wording; Council is not keeping the money from the employees; the employees are keeping it from themselves. Mr. Smith replied, the last package was offered on August 15; the City's last, final offer was August 15. Vice Mayor Cooper said, "So I'm a liar for a month." Councilman Waters said he took the time out to read what was offered to the employees each month; according to the employees, at no time were they offered a 5.9% until the last minute. Mr. Smith continued, Mr. Schulman said that retroactivity could absolutely be an issue, that it was no problem; it that was the holdup, it could be worked out; last week he stated that it was not an issue. Councilman VanDeventer said Council never budgeted 5.9%. Councilman Waters said maybe the newspaper was wrong; the newspaper said Mr. VanDeventer made a statement that Council, in executive session, agreed on 5.9%. Mr. Smith continued, he has worked here for five years, and has lived here all his life; he feels like a lost little stepchild in a fairy tale. RICHARD SCHULMAN, Asst. to the City Manager/Personnel said he indicated that retroactivity was a negotiable item; at the impasse meeting with the City Manager, Mr. Doyle said "I am not willing to trade off other items in order to get retroactivity." The City's negotiating team was willing to negotiate retroactivity, but MEA rejected it at that point; he did not say retroactivity was not a problem, but it was a negotiable issue; if Council decides that negotiations should continue, it can be negotiated. PERSONNEL LABOR REL Councilman Waters asked the City Clerk to read his letter to the City Council, dated September 17 into the record: "September 17, 1986 TO: Mayor and City Council FROM: Councilman Waters SUBJECT: National City Employees' Salary Increase "Now that the decision has been made to follow the staff's recommendations concerning the 5.9% salary increase for National City employees, l would appreciate it if you Book 67/Page 152 9/23/86 would reconsider the matter of having this increase retroactive to the date their contract with the City ended, July 1, 1986. I do not feel that it is fair to penalize employees by refusing to approve their raise to July 1st insamuch as they negotiated this raise in good faith. The time that elapsed between then and now is through no fault of their own and in my opinion, they are entitled to the back pay, and penalizing them serves no purpose whatsoever. "(s)GEORGE H. WATERS Councilman" ACTION: Moved by Morgan, seconded by Waters, we reconsider this item. City Attorney Eiser said in order to reconsider the action, the motion would have to be made by one of the members who voted in favor of the motion last week. Mayor Morgan said the motion is out of line. PERSONNEL LABOR REL ELIAS RODRIGUEZ (representing Citizens' Action League), 1440 "I" Ave., was present to pledge the support of the Citizens' Action League to the National City Municipal Employees, and urge Council call the employees back to the negotiating table; it won't serve anybody's purpose to let this matter escalate; does Council want unhappy employees working for the City? Mr. Rodriguez continued, one of the obligations of the elected officials is to solve these problems, not to help escalate the problems; he urges Council to call the employees back to the negotiating table, call for a neutral negotiator, and try to make something positive come out of this. PERSONNEL LABOR REL BLANCA ALVAREZ, City employee, was present and said she has worked for the City for five years, four years as a part—time employee; she has enjoyed working for the City, and now that she is a permanent employee with benefits, she appreciates the City and her benefits; many of the City's proposals were not properly written; the wording was bad and she would like to see the vocabulary changed; she loves National City and she would like to continue working here. Councilman Van Deventer said he saw the whole contract and compared both. Ms. Alvarez inquired if Mr. Van Deventer felt everything was okay; she would like the Council to read the City's proposal over again, with the City Attorney, and see what the employees are trying to say. POLITICAL SUPPORT FRANK CHENELLE (representing 70,000 police officers, marshals and sheriffs in the State of California) was present and said he has been appointed by the San Diego office of PORAC to speak on Proposition 61; they are opposed to this Proposition, and the League of California Cities is opposed to it as well. Mr. Chenelle outlined Proposition 61, and urged Council to issue a letter to the League of California Cities in opposition to this Proposition. ACTION: Moved by Cooper, seconded by Van Deventer, we direct the City Manager to write a letter to the League of California Cities opposing this bill. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. PERSONNAL LABOR REL DORIS MC KINNEY, 120 Valva Ave., was present and said she has lived in this City for 26 years, and for 23 of those years, she served on the Civil Service Commission; she came here this evening because of her concern over the unhappiness of the City employees; a successful City is a happy City, and this City is not happy; its employees feel cheated; it might be worthwhile to go back to negotiations and at least discuss this thing with the people, and try one more time to come to a better agreement; this thing has been left with people who are angry, unhappy, frustrated, and ready to take off and walk out; she gave 23 years of tim e to this City to try to see to it that the employees were well represented; Council should not turn their backs on them; the employees are what the City has to have in order for this City to run successfully. Book 67/Page 153 9/23/86 FREEWAY/HIGHWAY WARREN NIELSON, 2108 Harrison, San Diego, was present and gave Council an update on his activites regarding Rte. 252; the City of San Diego has tentatively agreed to give away 6 additional acres to build a shopping center. Mr. Nielson distributed copies of his lawsuit which will be heard on October 8 at 3:30 p.m. regarding the request for an injunction to stop the sale of the 252 land; he would encourage Council to communicate with Attorney Jim Bear and consider continuing their lawsuit for a proper EIR, and if there are any further discussions with Chula Vista, he would hope Council would encourage them to support this. Mayor Morgan asked the City Attorney to keep up to date on this and advise Council before the land is sold, so they can make a decision on a possible lawsuit. Mr. Neilson requested the City Attorney to call Mr. Bear and discuss the action involved. Mr. Eiser said he would be happy to do so. PUBLIC HEARINGS COMMUNITY DEVELOPMENT COMMISSION/BLOCK GRANT — PARK — GYMNASIUM 1. SUBJECT: Public Hearing — Proposed Re —allocation of $60,000 of Community Development Block Grant Program 1986-87 Funds from Ira Harbison School Mini Park to Las Palmas Park Gymnasium. RECOMMENDATION: Executive Director, Com muinity Developm ent Commission recommends approval. TESTIMONY: None. ACTION: Moved by VanDeventer, seconded by Cooper, the public hearing be closed, and staff's recommendation be approved. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. PROPERTY ABATEMENT 2. SUBJECT: Public Hearing — Appeal of a Notice of Intention for the Abatement and Removal of Five (5) Abandoned and/or Inoperative Vehicles as a Public Nuisance at 2917 "L" Avenue. Case File No. CV-85-90. RECOMMENDATION: Planning Director Post recommended this be filed. ACTION: Moved by Cooper, seconded by VanDeventer, the public hearing be closed and this matter be filed. Carried by unanimous vote. PROPERTY ABATEMENT 3. SUBJECT: Public Hearing — Appeal of a Notice of Intention for the Abatement and Removal of an Abandoned, Inoperative Vehicle as a Public Nuisance at 2112 East 20th Street. Case File No. CV-86-229. RECOMMENDATION: Planning Director Post recommends that once the City's problems with its towing contractor are resolved, this vehicle be removed as a public nuisance. TESTIMONY: None. ACTION: Moved by Waters, seconded by VanDeventer, the public hearing be closed and the public nuisance be abated. Carried by unanimous vote. PROPERTY ABATEMENT 4. SUBJECT: Public Hearing — Appeal of a Notice of Intention for Abatement and Removal of a Dismantled, Inoperative and Abandoned Vehicle as a Public Nuisance at 1429 Meadow Drive. Case File No. CV-86-232. RECOMMENDATION: Staff recommends that Council order the vehicle removed as a public nuisance. TESTIM ONY: Grover Thomas, 1429 Meadow Dr. (The car is parked next to his house; he would like to widen his driveway, build a retaining wall, and a 6' fence around this section of land; he will need 90 days to complete the work. ACTION: Moved by Waters, seconded by VanDeventer, the public hearing be continued for 90 days. Carried by unanimous vote. WEED ABATEMENT 5. Public Hearing — A Report of Proceedings and Account of Cost of the 1985-86 Weed Abatement Program. RECOMMENDATION: Staff recommends Council approve staff's report and account. Book 67/Page 154 9/23/86 TESTIMONY: ISAAC HARRIS, 1219 Earle Dr. (He received a notice on September 9, with a bill for $173.81; he called Battalion Chief Devendorf and advised him that he had done the work himself; Mr. Devendorf showed him pictures of work that was done; he still states that he did the work himself; the pictures were taken about June 23, Mr. Devendorf told him the work was done on July 4.) Fire Chief Kimble said the work was done by City employees, and there are three employees who are prepared to swear to that. FRED FINBERG, 4746 63rd St., San Diego (He was billed for four parcels, but he only has one parcel; the one parcel may be divided in two; he received a letter from the City stating that two of the bills were in error; when he received his notice from the City in March, he had the weeds cut in the front; he did not realize they wanted the back done as well; the only part the City had cleared was a section about 80' x 150'; it appeared to have been dragged by a tractor and not cut and removed.) BILL BRICKMAN, representing the owner of property at 2907 18th St. (He has taken care of this property for five or six years, and in the past he has always received a letter from the Fire Dept.; this year he did not receive a letter; he has always cleaned the property, and he has never paid more than $150 to have it done; the job has never taken more than two days; he is objecting to the cost. Fire Chief Kimble said a certified letter was mailed to Charles & Deborah Biller (property owners), at 7935 Represa Circle, Carlsbad on June 10, but it was returned as undeliverable. Mr. Brickman said to the best of his knowledge, that is the correct address; he questions the use of heavy equipment; he has always had the work done with a weedeater. ACTION: Moved by Morgan, seconded by VanDeventer, we continue the public hearing for two weeks. This motion was not voted on. Mayor Morgan inquired if Council could close the public hearing, and approve all assessments where there was no testimony, and continue the others. City Attorney Eiser said Council could close the hearing as to those; Council could adopt Item 11, Resolution No. 15,087 this evening; there is a document that is filed in the Clerk's office which would be a portion of the list on the agenda this evening; that document would be the ones that are approved this evening; the remainder would be continued to the next meeting. Moved by Morgan, seconded by VanDeventer, in favor of the City Attorney's recommendation. Carried by unanimous vote. SUBDIVISION — ZONING 6. SUBJECT: Public Hearing — Tentative Map for the Division of 1.4 Acres into Six Residentially Zoned Lots at the Southwest Corner of 26th Street and "J" Avenue. (Proponent: Peter Hatlem) Case File No. S-2-86. RECOMMENDATION: Planning Director Post said the Planning Commission recommends approval. TESTIMONY: None. ACTION: Moved by Cooper, seconded by VanDeventer, the public hearing be closed, and the Planning Commission's recommendation be approved. Carried by unanimous vote. CONDITIONAL USE PERMIT — ALCOHOLIC BEV LICENSE 7. SUBJECT: Public Hearing — Appeal of Planning Commission Denial of Application for Conditional Use Permit to Allow the Sale of Beer and Wine as an Incidental Use to a Convenience Market at 2602 East 18th Street. (Applicant: Miguel C. Serrano) Case File No. CUP-1986-11. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. The City Clerk read into the record a letter of protest from the Baptist Church: "September 17, 1986 "Ms. lone Campbell, City Clerk CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 92050 "Dear Ms. Campbell and National City Council Book 67/Page 155 9/23/86 "In regard to the appeal of Planning Commission's Denial of Conditional Use Permit 1986-11 to allow the sale of beer and wine as an incidental use to a convenience market at 2602 E. 18th Street, applicant: Miguel Serrano. "It has been brought to my attention in your notice that a public hearing will be held in the City Council Chambers after the hour of 7:00 p.m. on Tuesday, September 23, 1986. Due to a prior commitment I will be out of the City on that date; however, I would like to voice our opinion in this matter through a written letter. "This letter is to voice our opposition, as a Church, to the City Council concerning the passing of this Conditional Use Permit 1986-11 for the purpose of selling beer and wine at 2602 E. 18th St. We are against the sale and use of all alcoholic drinks. We presently have two such establishments on the same corner and we feel our neighborhood does not need another such establishment. Therefore, we would ask that you deny approval of thee beer and wine permit. "Thank you for your consideration. "Sincerely, (s)Bob Henson, Pastor" RECOMMENDATION: Planning Director Post said the Planning Commission recommends denial. TESTIM ONY: Miguel Serrano, San Diego (He is the owner of Serrano's Market; the Planning Commission denied the CUP and the church did not say anything at that time; his customers do not like shopping in the other two stores [which sell alcohol j; they buy their groceries at his store and they have asked him when he will get a C UP; in order to bring in more business, he needs the CUP; no more liquor will be sold in the area than there is now. ACTION: Moved by VanDeventer, seconded by Cooper, the public hearing be closed, and the recommendation of the Planning Commission be upheld. Carried by unanimous vote. MUNI CODE — ZONING 8. SUBJECT: Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code to Consider Permitting the Sale of Non —Automotive Products in Gasoline Service Stations. RECOMMENDATION: Planning Director Post said the Planning Commission recommended that the current prohibition on mini —markets be overturned. TESTIMONY: None. ACTION: Moved by Cooper, seconded by VanDeventer, in favor of the Planning Commission's recommendation, with no alcohol to be sold. Moved by VanDeventer, seconded by Waters, the motion be amended to hold this over for 30 days for clarification on square footage requirements and the non —sale of alcoholic beverages. Carried by unanimous vote. ZONING — PLANNED DEVELOPMENT 9. SUBJECT: Public Hearing — Proposed Zone Change (3-86) to add the PD, Planned Development Overlay (Combining Zone) to Properties currently zoned CL on the north side of East Eighth Street, west of Harbison Avenue and about 120 feet east of Pleasant Lane. RECOM MENDATION: Planning Director Post said the Planning Commission and staff recommend approval. TESTIMONY: None. ACTION: Moved by VanDeventer, seconded by Waters, the public hearing be closed and the recommendation of the Planning Commission be approved. Carried by unanimous vote. Mayor Morgan called a recess at 8:36 p.m. Book 67/Page 156 9/23/86 Council reconvened at 8:43 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. CONFLICT OF INTEREST Mayor Morgan spoke of the last motion, saying the City Attorney ruled that when Council was discussing a matter that afffected the entire City, his service station at 8th & Roosevelt would not preclude him from voting. City Attorney Eiser said that was correct. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,086 through 15,089) Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Mayor Morgan requested Nos. 10 & 13 be considered separately. Moved by Dalla, seconded by VanDeventer, the Consent Resolutions (except Nos. 10 & 13) be adopted. Carried by unanimous vote. WEED ABATEMENT 11. Resolution No. 15,087, "A RESOLUTION CONFIRMING ASSESSMENT OF WEED ABATEMENT." Adopted. See above. RISK MGMT 12. Resolution No. 15,088, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENTERING SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY (SANDPIPA)." Adopted. See above. COMMUNITY DEVELOPMENT/BLOCK GRANT — PARK 10. Resolution No. 15,086, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA REALLOCATING $60,000 OF CDBGP 1986- 87 FUNDS FROM IRA HARBISON SCHOOL MINI PARK TO LAS PALMAS PARK GYMNASIUM." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,086 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. STREET VACATION/PORTIONS OF 21ST ST 13. Resolution No. 15,089, "A RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF TWENTY—FIRST STREET BETWEEN WILSON AVENUE AND THE ALLEY WEST OF WILSON AVENUE (SC-3-86)." At the request of the Mayor, discussion on this item will be almost verbatim. Moved by Dalla, seconded by Cooper, Resolution No. 15,089 be adopted. Mayor Morgan said he is glad this came back because he gets an opportunity to vote no; closing these alleys over on Wilson St., between the alley and Wilson on the west side has been handled in an unprofessional way; he hasn't been told the full story on it, and he is very happy to get this back before us so he can vote no on it; this is another one, but the other one was — whenever he asked a question if the owners that adjoined the other street were in favor, he was told the owners were in favor, but a few days later he went over there, and the owners who own property across the alley, they bought all the houses along the street; he asked the question, so they would have an opportunity to tell him what the status was; people that answered his question didn't give him the full story on it; he was real shocked when he went over there and the people that bought across the alley, and own the houses, and they are tearing them down; he thinks the Council, when they vote on something, should have the full story. Vice Mayor Cooper said that street serves no purpose with the development that's going in there, and he cannot see what the objection would be to closing the street; Council was given the full story, and they said the property owners were in agreement to close it. Mayor Morgan said Council told him that, and they knew that they went over there and people that owned across the alley had bought that; he thinks that was the opportunity for the Council to tell him instead of working with those people to buy up the property to close the street; he thinks it's wrong when you work that kind of a situation with people that are involved in closing it, and then assessing people in the other areas for part of that alley. Vice Mayor Cooper said that is an accusation and he doesn't appreciate it a bit; he doesn't think there's a man on this Council that worked with those people to purchase that property; the Mayor is making something up Book 67/Page 157 9/23/86 here tonight, and he is blaming the Council for something he should have looked into when this came before us; he (Mr. Cooper) looked into it to see who owned the property; he found out and the Mayor could have done the same thing. Councilman Waters said this is where we put that street down to the center of the two existing properties that were bought on the south and north. City Engineer Stafford said that is right. Mr. Waters continued, there is a wire fence involved there with one of the ladies that owns the property adjoining this on the north side, and the ones that are involved in this developm ent, were supposed to have told her that her fence is an inch or two onto his property, and he was going to tear it down if they didn't get it moved back; he would like to know who made the research and what they're going by, because that fence has been there for many, many years; he would like the City Engineer to look into that, and hold up the developer to where he doesn't tear the fence down until the Council is sure that he has the right to do that; he has put additional pressure on, and said that he would tear it down by Monday if she didn't remove it; he would like the City Engineer to assist her; she allowed them to hook up and come across her property without any difficulty; some type of agreement ought to be made there; there's a little bit too much pressure being put on her by those individuals. Motion carried by the following vote, to — wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. RESOLUTION (NOT A PART OF THE CONSENT AGENDA) Moved by Dalla, seconded by VanDeventer, the Resolution be presented by title only. Carried by unanimous vote. PERSONNEL LABOR REL 14. Resolution No. 15,090, "A RESOLUTION APPROVING CHANGES IN SALARIES, BENEFITS, AND WORKING CONDITIONS FOR EMPLOYEES IN BARGAINING UNITS REPRESENTED BY THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION." Moved by Dalla, seconded by Van Deventer, Resolution No. 15,090 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. ORDINANCE FOR INTRODUCTION Moved by Dalla, seconded by VanDeventer, the Ordinance be presented by title only. Carried by unanimous vote. MUNI CODE — BUSINESS LICENSE 15. "An Ordinance of the City of National City repealing Ordinance No. 1881, and adding Chapter 9.06 to the National City Municipal Code pertaining to Food Vending Vehicles." ACTION: Moved by Cooper, seconded by VanDeventer, this be held over for 30 days for a study to include all vending trucks that come into the City. Carried by unanimous vote. ORDINANCES FOR ADOPTION MUNI CODE — ANIMAL CONTROL 16. Ordinance No. 1893, "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING CHAPTER 8.36 TO TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO THE TRANSPORTATION OF ANIMALS IN MOTOR VEHICLES AND THE LEAVING OF ANIMALS IN UNATTENDED VEHICLES." Moved by Cooper, seconded by Van Deventer, Ordinance No. 1893 be adopted. Carried by unanimous vote. MUNI CODE 17. Ordinance No. 1894, "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1812 AND SUBSECTION B OF SECTION 7.12.090 OF THE NATIONAL CITY MUNICIPAL CODE." Moved by VanDeventer, seconded by Cooper, Ordinance No. 1894 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGMT 18. SUBJECT: WARRANT REGISTER NO. 11, Ratification of Demands in the amount of $106,054.42 (Warrants Nos. 93529 through 93640). RECOM MENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Councilman VanDeventer said he would abstain on Book 67/Page 158 9/23/86 Warrant No. 93597. Demands (except Warrant No. 93597) ratified by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Warrant No. 93597 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Abstaining: VanDeventer. CLAIM(S) FOR DAMAGES AGAINST THE CITY CLAIMS/LITIGATION 19. SUBJECT: Claim for Damages of Edward Licudine and 20. Claim for Damages of Dale M. Enriquez. RECOM MENDATION: Staff recommends these claims be denied and referred to the City Attorney. ACTION: Moved by Dalla, seconded by VanDeventer, these claims be denied and referred to the City Attorney. Carried by unanimous vote. ALCOHOLIC BEV LICENSE 21. SUBJECT: Person Transfer of Type 21 off —sale general license authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold; Applicant: Ramzi M. Hanna and Hikmat A. Zoura, 1039 Harbison Avenue, dba Texas Liquor. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Cooper, seconded by VanDeventer, this be approved. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. ALCOHOLIC BEV LICENSE 22. Person/Premises Transfer of Type 47 (This application involves an exchange of Type 48 Liquor License [ on —sale general public premises ] to Type 47 Liquor License [on —sale general eating place ] and a premises transfer from 821 National City Boulevard to 1908 Sweetwater Road; Applicants: Michael R. Grimont, James M. Harris and Dennis O. Jay. RECOMMENDATION: Police and Building Departments state no grounds for objection; Planning Director Post reported the applicant has obtained a CUP. ACTION: Ordered filed by unanimous vote. TEMPORARY USE PERMIT 23. SUBJECT: Temporary Use Permit — Paradise Valley Hospital. Request for a short march involving 200 sixth graders from Paradise Valley Hospital parking lot to El Toyon Park on November 20, 1986 between the hours of 10:00 A M and 10:30 AM. RECOM MENDATION: Staff recommends approval subject to applicant providing a Hold Harmless Agreement and public liability insurance. ACTION: Moved by Waters, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. TEMPORARY USE PERMIT 24. SUBJECT: Temporary Use Permit — Fraternal Order of Eagles Aerie #2712. Request for their Las Vegas Night Fund Raiser (to raise money for the purchase of toys for their annual Children's Christmas Party) on October 4, 1986 from 6:00 PM to 12:00 PM. RECOMMENDATION: Staff recommends approval subject to the following conditions: Police recommends approval per requirements of the District Attorney's office; applicant shall secure Fire Safety Permit from the Fire Dept. prior to event, and shall include a plot plan of the building. ACTION: Moved by Waters, seconded by VanDeventer, in favor of staff's recommendation. Carried by unanimous vote. COMMUNITY BLDG 25. SUBJECT: Request to grant waiver of building fees for use of Kimball Community Building by the Congregational Church of Jesus National City. RECOMMENDATION: Staff recommends that the building rental fee be waived and that the following City out—of—pocket costs be assessed: custodial charges — $252.10; utilities — $30.90; kitchen deposit — $50.00. ACTION: Moved by Waters, seconded by Van Deventer, in favor of staff's recom mendation. Carried by unanimous vote. Book 67/Page 159 9/23/86 G RAFFITI 26. SUBJECT: Letter from Dr. Mac Collins concerning vandalism in the form of graffiti. City Manager McCabe said Dr. Collins could not be present, and requested the City Clerk read Dr. Collins' letter into the record: "Mayor and City Council National City 1243 National City Blvd. National City, Ca. 92050 "Good day: "My name is Mac Collins. I was born and raised in National City. I attended Las Palmas elementary, Granger Junior high and Sweetwater high school. I subsequently left the area for graduate study. I returned in May to find National City in much better shape than it was when I left the area some eight years ago. I commend you for your efforts and encourage you to continue to move forward. "My reason for writing you is to express a concern that might well thwart your steps forward. My family owns a commercial building at 2602 E. 18th that has recently become an object of vandalism in the form of graffiti. There has been an alarming increase of this activity in the neighborhood over the past few months. I am sure that you all know that this activity is far from a harmless prank, and warrants serious attention. "In Los Angeles where I resided for the past eight years the City Council has made it a misdemeanor to participate in this art form. My suggestion is that you consider this action. In making this a misdemeanor, they permit the police to instruct gang members leaving their trademarks to paint over said graffiti. I intend to appear before you on September 23 to urge you to move toward such action. Thank you for your time. "Sincerely, "(s) Mac Collins 2604 E. 18th St. National City, Ca. 92050" Councilman Dalla said if our Ordinance is not sufficiently rigid, he would like the City Attorney to come back with some recommendations; he has read that the City of Los Angeles has some sort of tax on spray paint, and the money goes into a fund to reduce graffiti; he would like the City Attorney to look into this as well. ZONING 27. SUBJECT: Letter from Ms. Sharon Paul, Community Services Director, California Home Health Services, requesting support from National City officials for California Adult Day Health Care. TESTIMONY: Sharon Paul, 101 E. 30th St. (She is here to seek Council's support in relocating the California Adult Day Health Care Center; they have to vacate their present location on October 31; a CUP was granted five years ago in an auto zone; they have found a location which meets their needs; [ Code states that the adult day care use can be located in institutional and commercial zones only; the area where they wish to relocate is zoned for light manufacturing; see minutes of 9/16/86 meeting]; they would like permission to relocate at 3200 Highland Ave. Bldg. & Safety Director Reid said he is concerned that we are adding additional people in an area which may require additional exits; it was originally approved as a mini —warehouse; a portion of the building has been changed and the requirements for they type of use Ms. Paul wants, and the type of use the owner proposes on the second and third floors will bring in more people, and will require additional exits; until he is able to review the plans totally, he would recom mend that we do nothing. Planning Director Post if it is the intent of Council to allow a seniors' Book 67/Page 160 9/23/86 care facility adjacent to manufacturing and warehouse uses, Council would have to direct staff to initiate proceedings to change the Code; that would take about three months. Ms. Paul (She has requested an extension from the owner of the property, but has not heard back; if the zone change cannot be done, she would request Council's help in finding another location.) ACTION: Moved by Morgan, seconded by Waters, staff be instructed to start the zone change procedure. Ms. Paul was advised that the City could call their landlord and request an extension of time at the present location. TESTIM ONY: Fay Ramirez, 101 30th St. (Adult Day Health Care Center is common only in California; these centers are located in different zones in other parts of the state.) ACTION: Motion carried by unanimous. vote. OTHER BUSINESS ZONE VARIANCE 28. SUBJECT: Planning Commission Notice of Decision, Resolution No. 42-86 denying application for zone variance to allow reduction in required front yard setback from 10 ft. to 7 ft. in conjunction with a proposed shopping center on the southside of Plaza Boulevard, 184 ft. east of Euclid Avenue, Applicant: Branko Gegich. RECOMMENDATION: The Planning Commission recommends denial and staff concurs. ACTION: Ordered filed by unanimous vote. TRAFFIC SAFETY 29. SUBJECT: Report on a Request to Paint 39 Feet of the Existing Curb Red at 2027 Highland Avenue. RECOMMENDATION: Staff recommends that additional police enforcement be employed, and that 20' of curb be painted red. ACTION: Moved by Waters, seconded by VanDeventer, in favor of staff's recommendation. Carried by unanimous vote. TRAFFIC SAFETY 30. SUBJECT: Report on a Request for a Crosswalk Installation on 8th Street, east of "V" Avenue. RECOMMENDATION: Traffic Safety Committee recommends that if Council orders this crosswalk to be installed, the nearby existing crosswalk to the west be deleted to avoid a concentration of crosswalks in this area. ACTION: Moved by Waters, seconded by Cooper, in favor of staff's recommendation. Moved by Cooper, seconded by Waters, we amend the motion to include an advance warning sign. TESTIMONY: Burt Papa (Their request is not only to have a crosswalk across 8th St., but also "V" Ave.) ACTION: Moved by Waters, seconded by Cooper, the motion be amended to include a crosswalk on "V" Ave. Carried by unanimous vote. TRANSPORTATION/NATIONAL CITY TRANSIT 31. SUBJECT: Report on Proposed Fare Increase for Elderly and Handicapped Riders on National City Transit Buses by the Metropolitan Transit Development Board. RECOM MENDATION: Staff recommends that Council oppose the increase and transmit this opposition to the MTDB. ACTION: Moved by VanDeventer, seconded by Dalla, in favor of staff's recommendation. TESTIM ONY: Bob Arthur, National City Transit (The only way to stop this is at the public hearing on Thursday, and it was brought to Council for some type of formal action to take to the MTDB hearing.) ACTION: Motion carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. Book 67/Page 161 9/23/86 OTHER STAFF WEED ABATEMENT Fire Chief Kimble said in the weed abatement hearing, three parcels were continued for further research; he would request that Council rescind the action on Resolution No. 15,087, and direct staff to place this Resolution on the agenda for October 7. ACTION: Moved by Waters, seconded by Van Deventer, in favor of the Fire Chief's recommendation. Carried by unanimous vote. MAYOR Mayor Morgan said he has received several calls regarding the sidewalks and curbs the City is putting in free; people have called Mr. Dalla, and they said he did not return their calls; they want to know why some people get sidewalks free and others have to pay; he would not be surprised if there is a lawsuit. ELECTION NOVEMBER 4, 1986 Mayor Morgan said he believes the Supreme Court ruled that political signs on City property are legal; there has been talk about a suit against the City because signs have been removed. City Attorney Eiser cited the City of Los Angeles vs Taxpayers for Vincent which confirmed the right of a City to remove signs from City property. AREA DEVELOPMENT — CITY REPRESENTATION Mayor Morgan spoke of a letter he received from Mayor Cox, requesting that he appoint someone to a steering committee to do a study on the traffic in Bonita and 805, and he would like to appoint Mr. Cooper as an elected member, and Planning Director Post as an alternate. ACTION: Moved by VanDeventer, seconded by Dalla, in favor of the Mayor's recommendation. Carried by unanimous vote. CITY COUNCIL TRAFFIC SAFETY Councilman Waters spoke of 4th between Palm and Harbison, saying there is only one line going down through the center; he has been asked why it is not marked like other streets. ACTION: Moved by Waters, seconded by Van Deventer, this be referred to the Traffic Safety Com mittee for study and consideration. Carried by unanimous vote. CURBS, GUTTERS, SIDEWALKS Councilman Waters said he has two requests (535 So. Harbison & 615 Harbison) to be included in the next sidewalk program; he has also received a letter from Mr. & Mrs. Howery to have their names placed on the sidewalk program. CURBS, GUTTERS, SIDEWALKS Vice Mayor Cooper said he has received four calls from people on the same street that do not want the sidewalk; perhaps staff could study this. PERSONNEL LABOR REL 32. Letter from Councilman Waters regarding the National City Employees' Salary Increase. See above. ADJOURNMENT Moved by Cooper, seconded by VanDeventer, the meeting be adjourned to 4:00 p.m., October 7, 1986. Carried by unanimous vote. The meeting closed at 10:10 p.m. CITY CLER The foregoing minutes were approved at the "regular meeting of October 14, 1986. Corrections No cl rections MA'O CITY OF NATIONAL CITY, CALIFORNIA