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HomeMy WebLinkAbout1986 10-07 CC MINBook 67/Page 162 10/7/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 7, 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: Dalla, Van Deventer, Waters, Morgan. Absent: Cooper. 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. Juan Acosta, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Waters, the minutes of the regular meeting of September 16, 1986 be approved. Carried by unanimous vote. Absent: Cooper. COMMUNITY PROMOTION Carol Sabin, Principal, Ira Harbison Elementary School was present and introduced Sarah Westin, of the gifted class. Miss Westin told how her class had studied the matter of colors for the City and had decided on red, blue and gold; each member of the class had written a poem about the colors; she urged Council to adopt red, blue and gold as the City colors, and a read a poem written by one of her classmates. ACTION: Moved by Waters, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. Absent: Cooper. PROCLAMATIONS Moved by Van Deventer, seconded by Dalla, the Proclamations be read by title only. Carried by unanimous vote. Absent: Cooper. The Proclamation declaring the week of October 25 through 31, 1986 to be "DRUG AWARENESS WEEK" was presented. Moved by Van Deventer, seconded by Waters, in favor of this Proclamation. Carried by unanimous vote. Absent: Cooper. Mayor Morgan presented the Proclamation to David Wright, Director, South Bay Drug Abuse. The Proclamation declaring the week of October 5 through 11, 1986 to be "FIRE PREVENTION WEEK" was presented. Moved by Van Deventer, seconded by Waters, in favor of this Proclamation. Carried by unanimous vote. Absent: Cooper. Mayor Morgan presented the Proclamation to Fire Chief Kimble. The Proclamation declaring the 1986-87 school year as "ATTENDANCE IMPROVEMENT YEAR" was presented. Moved by Van Deventer, seconded by Waters, in favor of this Proclamation. Carried by unanimous vote. Absent: Cooper. PUBLIC ORAL COMMUNICATIONS ENV QUALITY/AIR ELIAS RODRIGUEZ, 1440 "I" Ave., was present and said he would like to bring to Council's attention the ugly contamination of our environment by Unitama Corp. (426 W. 15th St.); he brought this to Council's attention about eight months ago, saying Unitama was grinding sand, and the residents were breathing the sand; last Sunday, he was passing through there and Unitama was spraying metal beams with heavy enamels on the sidewalk; he went a block and one—half downwind, and the smell was heavy in the air; he has brought this to the attention of Assemblyman Peace. Mayor Morgan asked the Principal Planner to check into this. EDMUNDO LEON, 1724 Coolidge, was present said he talked to these people about six months ago and they agreed to clean it up, but they have not done so; they have sand piled up by the truckload, and the sand blows around. Mr. Rodriguez said he would like the City to bring in the Environmental Protection Agency. He was advised that the Planning Dept. will bring back a report. Book 67/Page 163 10/7/86 FLOOD CONTROL EDM UNDO LEON, 1724 Coolidge, was present and spoke of the channel starting at 24th & 1-5 and going all the way to Kimball Way, saying this channel has been open for years; a couple years ago, the City fixed a small section by the park, but they only went up to West St.; it is still open from West St. to 22nd St., and it is a dangerous place; there is no fence to keep children out and trash and garbage are thrown in. Mayor Morgan said putting in the Sweetwater Channel may solve a lot of the problem. PARK KATRINA JORDAN, 1537 "Q" & KELLY ? , 1539 "Q" Ave. were present to request that the City reconstruct the mini —park on their street; the playground equipment has been removed, and their children have no other place to play; they have a petition signed by 74 of the area residents; if the equipment is replaced, they will make an effort to watch for vandalism. Director, Parks & Recreation Ruiz said the City removed three pieces of equipment that had been vandalized and destroyed; it would cost approximately $5,000 to replace the equipment. Mr. Ruiz was requested to report on replacement costs next week. COMMUNITY PROMOTION AMY ? , 814 Mary Ct. (representing the Sweetwater High School Annual Staff), was present and inquired if the City would purchase a two —page color advertisement promoting the City's Centennial at a cost of $560. ACTION: Moved by Waters, seconded by Van Deventer, we donate $250. Carried by unanimous vote. Absent: Cooper. Miss ? was advised that the Centennial activities are being handled by the Chamber of Com merce and perhaps they would be willing to contribute the rest of the money. PUBLIC HEARINGS BUSINESS LICENSE 1. SUBJECT: Public Hearing — Appeal of Business License Requirements and Penalties (Business license fees for three years, plus 100% penalty, and home occupation permit; total $160; Applicant: Ramos). RECOMMENDATION: Staff recommends the appeal be denied. TESTIMONY: Antonia Ramos, 2110 E. 8th (When her husband came to City to apply for a business license, he was told he needed to have the property owner's permission; he was unemployed, and had a business license from the City of San Diego, and he felt he was being discriminated against; the Business License Inspector told her husband that he needed a Home Occupation Permit, because he was receiving business calls on his home phone; her husband asked Mrs. Bettencourt to send copies of the regulations, but she only sent the license application; when she applied for the license, she was told she had to pay a penalty; she is willing to pay for the license, but she doesn't think it is fair to impose a penalty. Business License Inspector Bettencourt said she explained the procedures to Mr. & Mrs. Ramos, and sent applications for business license, home occupation permit, and copies of the appplicable Code section. ACTION: Moved by Van Deventer, we decrease the penalty to $20 for a total cost of $120. Motion died for lack of second. Moved by Waters, seconded by Van Deventer, the applicant pay $20 license fee for 1986, and the $40 home occupation permit. Carried by unanimous vote. Absent: Cooper. Mrs. Ramos said she attended the meeting at Ira Harbison School and spoke to Council regarding the sidewalk on Earle Dr. next to Palmer Way, and she would like to thank them for responding. Moved by Waters, seconded by Van Deventer, the public hearing be closed and all stipulations of staff be adhered to. Carried by unanimous vote. Absent: Cooper. WEED ABATEMENT 2. SUBJECT: Public Hearing — A Report of Proceedings and Account of Cost of the 1985-86 Weed Abatement Program. RECOMMENDATION: Staff recommends that Council approve staff's report and account. Book 67/Page 164 10/7/86 TESTIMONY: Fire Chief Kimble (The matter of Mr. Harris on Earle Dr. has been resolved and a lien will not be assessed.) Batallion Chief Devendorf (There was a staff error in Mr. Finberg's case; there were two Tots cleared and not four; the notice was mailed the first week in May, but received no response; photographs were taken about June 4; they attempted to contact Mr. Finberg, but were unable to do so; they spoke with his son who asked for an estimate; on July 24 the parcel was assigned to the Parks & Recreation Dept. for abatement, and the job was completed on August 6.) Fred Finberg, 4746 63rd St., San Diego (He never received a registered letter; it was sent to the Hebrew Day School, but was not forwarded to him; the Fire Dept. has contacted him before, and he went out and did whatever had to be done; when his son told him the City wanted the weeds cut, he assum ed they just wanted the front of the property done; his son went over with a gardener and did the front yard; while they were there, they met someone from the City who told him they wanted the back done as well; his son inquired how much it would cost and was told he would be given an estimate; he feels the price was excessive; the weeds were not removed.) ACTION: Moved by Van Deventer, seconded by Waters, we charge Mr. Finberg, the cost of the first item ($512.72). FOR THE RECORD: Councilman Waters he would like the record to show that he really doesn't know Mr. Finberg very well. ACTION: Motion carried by unanimous vote. Absent: Cooper. ACTION: Moved by Waters, the public hearing be closed and the weed abatement program be approved. This motion was not voted on. TESTIMONY: Bill Brickman, manager of property at 2907 18th St. (The owner of the property was never notified.) Fire Chief Kimble said the owner of record was notified at 7935 Repressa Circle, Carlsbad, but the letter was returned undeliverable. Bill Brickm an (The bill from the City cam e to his office in Chula Vista, and he would like to know why the letter did not come to his office in the first place.) Fire Chief Kimble said the City Ordinance cites the fact that the letters shall be mailed to the owner at their address of record, according to the Tax Assessor's records. ACTION: Moved by Waters, seconded by Van Deventer, the public hearing be closed and the weed abatement program be approved. Carried by unanimous vote. Absent: Cooper. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,091 through 15,098) Mayor Morgan said he would like Nos. 4, 6, 7 & 9 to be considered separately. Moved by VanDeventer, seconded by Dalla, the Consent Resolutions (except 4, 6, 7 & 9) be adopted. Carried by unanimous vote. Absent: Cooper. PARKING/TRAFFIC 3. Resolution No. 15,091, "A RESOLUTION ESTABLISHING ONE ON —STREET HANDICAPPED PARKING SPACE AT 2840 "I" AVENUE. (HANDICAPPED PLACARD NO. J019806)." Adopted. See above. NOTICE OF COMPLETION — SOLID WASTE MGMT 5. Resolution No. 15,093, "A RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR CONSTRUCTION OF TRASH ENCLOSURE AT VARIOUS LOCATIONS IN NATIONAL CITY (Engineering Specification No. 975)." Adopted. See above. SUBDIVISION — TENTATIVE PARCEL MAP 8. Resolution No. 15,096, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF 1.4 ACRES INTO 6 LOTS LOCATED AT THE SOUTHWEST CORNER OF 26TH STREET AND 'J' AVENUE (APPLICANT — PETER HATLEM, CASE FILE NO. S-2-86)." Adopted. See above. Book 67/Page 165 10/7/86 BUDGET FY86-87 — TRANSFER OF FUNDS 10. Resolution No. 15,098, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FROM THE PUBLIC WORKS FACILITIES MAINTENANCE ACCOUNT TO THE POLICE DEPARTMENT RENTS AND LEASES ACCOUNT." Adopted. See above. FLOOD CONTROL — NOTICE OF COMPLETION 4. Resolution No. 15,092, "A Resolution accepting work and authorizing filing of Notice of Completion for the Kimball Park Channel Project. (Engineering Specification No. 949)." Mayor Morgan requested the Clerk to read his memo to the City Council dated October 7, 1986 into the record. See Exhibit 'A' attached. Moved by Dalla, seconded by VanDeventer, Resolution No. 15,092 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: Morgan. Absent: Cooper. Moved by Waters, seconded by VanDeventer, the City Manager give the Mayor a copy of the report regarding costs of outside engineering help. Carried by unanimous vote. Absent: Cooper. WEED ABATEMENT 6. Resolution No. 15,094, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF WEED ABATEMENT." Moved by Morgan, seconded by VanDeventer, Resolution No. 15,094 be adopted. Carried by unanimous vote. Absent: Cooper. PROPERTY ABATEMENT 7. Resolution No. 15,095, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING APPEAL OF A NOTICE OF INTENTION TO ABATE AND REMOVE ONE ABANDONED/INOPERATIVE 1969 LINCOLN CONTINENTAL (CA LICENSE NO. 1FDW092) AS A PUBLIC NUISANCE AT 2112 EAST 20TH STREET (APPELLANT — F. L. MOORE, CASE FILE NO. C.V. 86- 229)." Moved by VanDeventer, seconded by Dalla, Resolution No. 15,095 be adopted. Carried by unanimous vote. Absent: Cooper. CONDITIONAL USE PERMIT — ALCOHOLIC BEV LICENSE 9. Resolution No. 15,097, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING AN APPLICATION FOR A 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)." Moved by VanDeventer, seconded by Waters, Resolution No. 15,097 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Absent: Cooper. ORDINANCES FOR INTRODUCTION Moved by VanDeventer, seconded by Waters, the Ordinance be presented by title only. Carried by unanimous vote. Absent: Cooper. ZONING 11. "An Ordinance rezoning certain parcels of real property pursuant to the Land Use Code of the City of National City (ZC-3-86)." NEW BUSINESS FINANCE MGMT 12. SUBJECT: WARRANT REGISTER NO. 12, Ratification of Demands in the amount of $320,001.81 (Warrants Nos. 93641 through 93720), and Certification of Payroll in the amount of $298,095.11, and 13. WARRANT REGISTER NO. 13, Ratification of Demands in the amount of $79,145.06 (Warrants Nos. 93721 through 93782). RECOM MENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Demands ratified by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: Morgan. Absent: Cooper. Payroll ratified by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Absent: Cooper. OTHER BUSINESS PARKING/TRAFFIC 14. SUBJECT: Report of the Traffic Safety Committee Meeting of September 10, 1986. Book 67/Page 166 10/7/86 RECOMMENDATION: Staff recommends the report be received and filed. ACTION: Moved by Morgan, seconded by Waters, we refer Old Business Item No. 86-84 (Request to investigate the feasibility of a left —turn lane installation for southbound traffic on Highland Ave. at 7th St.) back to the Traffic Safety Com mittee for more study. Moved by Dalla, seconded by Waters, the motion be amended to approve the report except this one item, and staff bring back a report. Carried by unanimous vote. Absent: Cooper. Moved by Waters, seconded by Van Deventer, the Traffic Safety Committees report be approved. Carried by unanimous vote. Absent: Cooper. PARKING/TRAFFIC 15. SUBJECT: Report on cost estimate for the installation of "No Parking" signs in the alleys." RECOMMENDATION: Section 22507 of the Vehicle Code states that alleys do not require signs for "No Parking" enforcement; a cost benfit ratio study would show that signs are not cost effective. ACTION: Moved by Waters, seconded by by Van Deventer, this report be filed, and as requests for signs come up, they be approved on that basis. Carried by unanimous vote. Absent: Cooper. SPECIAL PERMIT 16. SUBJECT: Application to move existing houses located at 304/306 Palm Avenue to rear of Lot-315 Norton Avenue. RECOMMENDATION: Staff recommends approval subject to conditions. ACTION: Moved by Waters, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. Absent: Cooper. PARKING/TRAFFIC/SIGNALS 17. SUBJECT: Request for approval of Change Order No. 3 "Traffic Signal Modifications at Various Locations in National City" (Engineering Spec. No. 991). RECOMMENDATION: Staff recommends approval. ACTION: Moved by VanDeventer, seconded by Dalla, in favor of staff's recommendation. Carried, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: Morgan. Absent: Cooper. STREET VAC/PORTION OF 29TH ST 18. SUBJECT: Proposed vacation of a portion of 29th Street. RECOMMENDATION: Staff recommends Council direct staff to start proceedings to vacate a portion of 29th St. ACTION: Moved by Waters, seconded by Van Deventer, in favor of staff's recommendation. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Morgan. Absent: Cooper. CITY MANAGER — No report. CITY ATTORNEY SCHOOL City Attorney Eiser reported on school fees, saying Council recently am ended the school fees Ordinance; within the past week or so, the State Legislature has enacted legislation which will change the present system for collection of school fees; the new legislation will be effective January 1, 1987, and will allow the school districts to unilaterally impose their own fees; there will be a maximum of $1.50/sq. ft. for residential, and $.25/sq. ft. for industrial and commercial. OTHER STAFF STREET/VALLEY RD City Engineer Stafford reported on a request from Biggs Engineering on behalf of the Bonita Valley Development for the temporary closure of Valley Rd., from the South Bay Expressway to Alameda Way. ACTION: Moved by Waters, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. Absent: Cooper. MAYOR SCHOOL Mayor Morgan said families will be put in a bad situation with the new school tax; the kids will suffer and they can't do a thing about it. Book 67/Page 167 10/7/86 CITY COUNCIL Councilman Waters reported that Norma J. Dowd, at 1902 E. 17th St. has requested a dusk to dawn light. Councilman Waters reported a letter protesting the additional hours and dancing at McDini's from a resident at 716 "B" Ave. Councilman Waters said he asked the City Attorney to look into the swap meet operation; he received a complaint that it is expensive to buy selling space. Mr. Eiser responded to this and advised Mr. Waters that there are no restrictions placed on a swap meet operator as to fees and other conditions that may be imposed on individual vendors. Mr. Waters continued, it appears to be an open shopping center without the requirements of other businesses; it appears that most of the things they sell are new; Council needs to study this situation, and maybe get them back on the track. ANNEXATION/LINCOLN ACRES 19. SUBJECT: Informational Letter to Lincoln Acres Voters regarding Annexation. ACTION: Moved by VanDeventer, seconded by Waters, this be approved. Carried, by the following vote, to —wit: Ayes: VanDeventer, Waters, Morgan. Nays: Dalla. Absent: Cooper. City Attorney Eiser requested an Executive Session for potential litigation re Rt. 252, authorized under Government Code Section 54956.9(c), and re the claim of Enrique Robledo, authorized under Government Code Section 54956.9(e1). Moved by VanDeventer, seconded by Dalla, in favor of the Executive Session. Carried by unanimous vote. Mayor Morgan called the Executive Session at 5:33 p.m. Council reconvened at 5:57 p.m. ROLL CALL Council members present: Dalla, VanDeventer, Waters. Absent: Cooper, Morgan. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., October 14, 1986. Carried by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: None. Absent: Cooper, Morgan. The meeting closed at 5:58 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of October 14, 1986. Corrections CITY OF NATIONAL CITY, CALIFORNIA City of National City Office of the Mayor 1243 National City Blvd., National City, CA 92050-4397 (619) '336-4230 Kile Moi•gan—Mayor October 7, 1986 EXHIBIT "A" Book 67/Page 168 TO: City Council FROM: Mayor Morgan SUBJECT: Miscellaneous items Relating to the Practices of the City's Engineering Department I won't be in office too long fgrm now but I will be consulting with outside legal counsel on what my-responsi-- bilities are regarding the attached report and other matters relating to the practices of the Engineering Department such as: 1) $119,000 overrun on the 24th and Wilson Paradise Creek drain; 2) Buying a home for $116,000 at 16th and Euclid when the street was designed to leave the house untouched; 3) The storm drain in front of Walker Scott being let for $95,000 and due to the fuss with the Engineering Depart- ment, the contractor went broke. Private enterprise ran the drain from Plaza Boulevard through the shopping center, yet 4 weeks ago, we let a contract to complete the drain along Plaza Boulevard for $115,000, which is considerably over the original $95,000; 4) The design of Euclid Avenue between Plaza and 16th Street was let for $25,000 when we had a design engineer who would do the work for $14,400, and the final cost on that project was $40,000; 5) Forcing SAV-ON Drug Store and Safeway to tear out the old drain that was built like a bridge with up to 1" steel and putting back in 3/8" steel and concrete 4" thick; 6) Open-end contract that we have going for curbs and side- walks. I am not sure that this is a proper contract; 7) The overrun at the 24th Street sewer project; Book 67/Page 169 City Council 2 October 7, 1986 8) Storm drain under Grove Avenue at Plaza Boulevard; When McDonald's restaurant was being built, the contractor said he would do the drain for $87,000 but when Popeye's went in, it cost the city $125,000. I'm not sure that this was a legally advertised contract to put in the drain. Additionally, I would like to know how much is being spent in that department, over and above the regular daily operation expenditures; such as how much is being paid for extra help, extra inspection costs, extra contracts being let out, etc. It is because I have been aware of all the the above that when I read the transcript of the phone conversation from the U.S. Army Corps of Engineers, it was very disturbing to me. I do not appreciate an employee interfering or contradicting an elected official's request. It is unheard of and totally uncalled for. These are just some of my concerns that should be looked into. I never felt comfortable about these matters and what I'll do about them will depend on my consultation with an attorney and whether or not he thinks there is still an obligation on my part concerning the manner in which the above projects were handled. %4e KILE MORGAN Mayor KM/ev Book 67/Page 170 Transcript of conversation with Jim Conley, U.S. Corps of Engineers, Los Angeles, on September 26, 1986 The Mayor spoke with Colonel Butler last November and asked for his help with some concerns he had about the 16th Street storm drain's capability. Mr. Conley was sent to talk to the Mayor and to see the the storm drain and see what the Mayor's concerns were. Upon his return to his office, Mr. Conley called the city's Engineering Department and asked them for the plans that the consultant was working on. They wrote a nasty letter back to him from the Engineering Department asking him why he was bothering with this project since this person (Mayor) was not working on the project. (A "why don't you mind your own business" type of letter.) He called the Engineering Department (the person had an accent) and he -was told -that the consultant -had come -- up with a report and they were implementing his recommendations. He was told that the problem was being taken care of by the consultant. They said there was no problem there. "The mayor is going to retire and he has been having a running battle with the city council. The city council has decided to go forward with the consultant's report and they did. Mayor has lost the battle. Mayor's only concern was that it might flood a building that carried his name." Mr. Conley's personal opinion was that the city had already hired a consultant that must have studied the problem at great length and whereas just by looking at the drain once, all he could see was a little bit of erosion. Once he received the letter telling him that the consultant's recommendations were accepted, nothing else ever happened out of his office. (Mayor Morgan had been promised a complete report from the U.S. Army Corps of Engineers.) He went on to say that he contacted the city's engineers and they told him there was no problem. When he asked to see the plans that the consultant was working on, the Engineering Department refused his request. They told him he had to come down to National City to see them. Mr. Conley said that their office does not like to step on local "toes" or get mixed up in political battles. He talked to the Engineering Department as late as last month and the situation hadn't changed.