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HomeMy WebLinkAbout1986 11-18 CC MINBook 67/Page 208 11 /18/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 18, 1986 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, Waters, Morgan. Absent: VanDeventer. 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 the Rev. Robert Tigh, South Bay Bible Community Church. APPROVAL OF MINUTES Moved by Cooper, seconded by Waters, the minutes of the regular meetings of October 28 and November 11, 1986 be approved. Carried by unanimous vote. Absent: Van Deventer. APPOINTMENTS SUBJECT: Appointm ents to Boards/Commissions/Committees. There was consensus to hold this item over until completion of the agenda. PUBLIC ORAL COMMUNICATIONS PUBLIC REQUEST/COMPLAINT — PARKING/TRAFFIC MICHAEL ? , 2138 "B" Ave., was present and spoke of the constant racing down the street by local residents and employees of the car dealerships; today Bob Baker Chevrolet had a horn honking for over an hour; his wife is ill so he called to complain; the receptionist laughed, and the President did not want to talk to him; the employees are rude. Mayor Morgan asked the City Manager to check into this. HIGHWAY/FREEWAY — CITY FACILITY/CIVIC CENTER WARREN NIELSON, 2108 Harrison, San Diego, was present and spoke re Rte. 252, saying Attorney Jim Bear is continuing with the appeal in Federal Court. Mr. Nielson spoke of the police bond issue, our City Hall, and the lack of visual image of the City of National City's Civic Center; the Civic Center is not easily visible from National City Blvd.; perhaps the City could consider the possibility of adding on a third and possibly a fourth floor to the present Civic Center; that might meet the needs for added space at less cost. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,125 through 15,129) Moved by Dalla, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Absent: Van Deventer. Mayor Morgan requested that Item 1 be considered separately. Moved by Waters, seconded by Cooper, the Consent Resolutions (except No. 1) be adopted. Carried by unanimous vote. Absent: Van Deventer. DEED — STREET/2401 HIGHLAND AVE 2. Resolution No. 15,126, "A RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY FOR STREET PURPOSES AND NAMING AND DEDICATING STREET (2401 HIGHLAND AVENUE — THRIFTY OIL COMPANY)." Adopted. See above. BUDGET FY86-87 — COMMUNITY PROMOTION — SIGN 3. Resolution No. 15,127, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE 'WELCOME TO NATIONAL CITY' SIGNS." Adopted. See above. ZONE VARIANCE 4. Resolution No. 15,128, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN APPLICATION FOR ZONE VARIANCE TO ALLOW ACCESS FOR DEVELOPMENT ON A LOT WITH NO STREET FRONTAGE, THROUGH A PRIVATE EASEMENT EXTENDING APPROXIMATELY 40 FEET TO THE LOT FROM THE SOUTHERLY TERMINUS OF CASA PLACE (APPLICANT: PAT HART, CASE FILE NO. Z- 03-86)." Adopted. See above. Book 67/Page 209 11/18/86 POLITICAL SUPPORT 5. Resolution No. 15,129, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE APPLICATION OF THE SAN DIEGO COUNTY SHERIFF'S DEPARTMENT FOR A LOCAL DEVELOPMENT GRANT FROM THE FOUNDATION FOR COMMUNITY SERVICE CABLE TELEVISION." Adopted. See above. COVENANT RUNNING WITH THE LAND 1. Resolution No. 15,125, "A RESOLUTION ACCEPTING COVENANT AND DEFERRAL OF RIGHT—OF—WAY AND STREET IMPROVEMENTS AT 3103 EAST 19TH STREET (LOPEZ)." Moved by Morgan, seconded by Waters, we defer the street right—of—way until a later time, and let her go ahead and put in the building (and the covenant be waived). Carried, by the following vote, to —wit: Ayes: Cooper, Waters, Morgan. Nays: Dalla. Absent: VanDeventer. The signed Covenant was returned to Mrs. Lopez. Ernest Lopez (Mrs. Lopez' son) was present and thanked Council. ORDINANCE FOR ADOPTION Moved by Waters, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. Absent: VanDeventer. MUNI CODE — ZONING — CONFLICT OF INTEREST 6. Ordinance No. 1897, "AN ORDINANCE AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE TO PERMIT THE SALE OF CERTAIN NON —AUTOMOTIVE PRODUCTS IN AUTOMOTIVE SERVICE STATIONS." Moved by Waters, seconded by Dalla, Ordinance No. 1897 be adopted. Mayor Morgan said he owns the Standard Station at 8th & Roosevelt, and inquired if that would preclude him from voting. City Attorney Eiser said this is a matter that affects the entire City, and would not be a problem. Motion carried by the following vote, to —wit: Ayes: Dalla, Waters, Morgan. Nays: Cooper. Absent: Van Deventer. PROCLAMATION Moved by Cooper, seconded by Waters, the Proclamation be read by title only. Carried by unanimous vote. Absent: Van Deventer. The Proclamation declaring November 20, 1986 as "GREAT AMERICAN SMOKEOUT" was presented. Moved by Cooper, seconded by Waters, in favor of this Proclamation. Carried by unanimous vote. Councilman Waters to deliver the Proclamation. NEW BUSINESS 7. SUBJECT: WARRANT REGISTER NO. 19, Ratification of Demands in the amount of $254,664.61 (Warrants Nos. 94189 through 94298), and Certification of Payroll in the amount of ;303,271.25. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Demands ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Absent: VanDeventer. Payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Absent: Van Deventer. CLAIMS/LITIGATION 8. SUBJECT: Claim for Damages of Mary M. Rattray. RECOMMENDATION: Staff recommends this claim be denied and referred to the City Attorney. ACTION: Moved by Cooper, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Van D eventer. PERMITS AND LICENSE 9. SUBJECT: Person Transfer of Type 21 Liquor License, off —sale general type license authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold; Applicant: Safeway Stores #22, Inc., a Delaware Corporation, 1608 Sweetwater Rd. RECOM MENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Waters, seconded by Cooper, in favor of this request. Book 67/Page 210 11 /18/86 FOR THE RECORD: Councilman Dalla said this is simply changing the license from a Maryland Corporation to a Delaware Corporation. ACTION: Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Morgan. Absent: VanDeventer. PERMITS AND LICENSE 10. SUBJECT: Person Transfer of Type 21 Liquor License, off —sale general type license authorizing the sale of beer, wine and distilled spirits for comsumption off the premises where sold; Applicant: Safeway Stores #24, Inc., a Delaware Corporation, 1220 Plaza Blvd. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Cooper, seconded by Waters, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Morgan. Absent: VanDeventer. PERMITS AND LICENSE 11. SUBJECT: Transfer of Type 21 Liquor License, off —sale general type license authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold; Applicant: Zuhair Abu, dba King's Liquor, 1626 E. 8th St. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Waters, seconded by Cooper, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Morgan. Absent: VanDeventer. PERMITS AND LICENSE 12. SUBJECT: Person Transfer of Type 41 Liquor License, on —sale beer and wine type license authorizing the sale of beer and wine for consumption on a bona fide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold; Applicant: Nora E. & Romulo 5. Dumlao & Abraham J. & Geovanna M. Espiritu, 1528 Sweetwater Rd., Suites E and F. RECOMMENDATION: Police, Planning and Building Departments state no grounds for objection. ACTION: Moved by Cooper, seconded by Dalla, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Morgan. Absent: VanDeventer. WRITTEN COMMUNICATIONS PUBLIC REQUEST 13. SUBJECT: Letter from the Balloons Across San Diego Committee (a charitable promotion organized to help the homeless of San Diego County) requesting that the City of National City prepare a resolution to help facilitate public and private donations. REOCMMENDATION: None. ACTION: Moved by Waters, seconded by Cooper, in favor of this request. Carried by unanimous vote. Absent: VanDeventer. POLITICAL SUPPORT 14. SUBJECT: Letter from the San Diego County Water Authority requesting that the City of National City prepare a resolution or letter to the Corps of Engineers stating the City's views on construction of the Pamo Dam Project. RECOMMENDATION: None. ACTION: Moved by Cooper, seconded by Waters, in favor of this request. Carried by unanimous vote. Absent: VanDeventer. PUBLIC REQUEST 15. SUBJECT: Letter from the First Earth Run Committee requesting National City's participation in the UNICEF/FIRST EARTH RUN (a global torch relay). RECOMMENDATION: None. ACTION: Moved by Cooper, seconded by Morgan, in favor of this request. Vice Mayor Cooper withdrew his motion. Ordered filed by unanimous vote. Absent: VanDeventer. Book 67/Page 211 11/18/86 OTHER BUSINESS FINANCE MGMT 16. SUB JECT: Finance Director's Cash and Investment Reports as of September 30, 1986, and 17. Finance Director's Cash and Investment Reports as of October 31, 1986. RECOMMENDATION: Staff recommends the reports be accepted and filed. ACTION: Ordered filed by unanimous vote. Absent: VanDeventer. WASTEWATER MANAGEMENT 18. SUBJECT: Report on Sewer at 1921 La Siesta Way. TESTIMONY: Public Works Director Williams said it would be costly to have this hooked up to the sewer lateral on La Siesta, because the asphalt would have to be dug up; repairs have been done to the line in the rear. Vice Mayor Cooper said Mrs. Koruga was given a price of about $6,000 to hook up to the sewer on La Siesta. ACTION: Moved by Morgan, seconded by Waters, this be filed. TESTIMONY: Vice Mayor Cooper said Mrs. Koruga called a plumber listed in the Silver Pages, and he doesn't believe the individual who did the work has a State License because there is no State License Number listed on the invoice; he does not have a business license in the City, and he did not apply for a permit to do the work; the lady was overcharged. ACTION: Moved by Morgan, seconded by Cooper, the City Manager look into this and find out if he has a license, and if not, anything that is not in order should be referred to the City Attorney. Carried by unanimous vote. Absent: VanDeventer. Mayor Morgan asked the City Clerk to read Mrs. Eve Bisberg's letter of November 15 into the record: "To: "Mayor & City Council "City Attorney, George Eiser "City Manager, Tom McCabe "City Engineer, Jerry Stafford "Gentlemen: "To uphold and Protect the GUARANTEES, set forth, in the United States and the California Constitutions, and in behalf of residents of this city I, Eve Bisberg bring this matter to your attention: "We REQUEST that the Terry Lane Drainage Project #7032, be RESCINDED; Facts are listed below: "1. We understand, that at this time No easements have been obtained from the properties involved. Montana (1915) and Pasimo (1817) Terry Lane. "2. It appears only One property owner would (1915) be the SOLE beneficiary. A drainage problem, which has existed since (1957) when State Subdivision Laws were broken by the builder Lowell Terry. "3. One resident, S. S. Pond, 1820 East 8th Street has complained many times about drainage problems from the apartment (1817) Terry Lane. (Water behind his fence and in the S. W. corner of his property.) We believe, this is a private Court Case, where a jury determine the extent of damage. "4. In early 1978, when a two inch rainfall In a short time fell, and our property suffered water and mud damage. (misplacement of rain gutters on the apartment at 1817 Terry Lane.) the Builder corrected this matter. "5. The maintenance of Project 7032 would be an added burden upon our Public Works Dept. Mud and dirty water would be pumped into R and 8th Streets. "WE CONTEND: That $15,000 of TAXPAYERS MONEY spent on this property drainage Project 7032 could be challenged as a waste of time and money. Furthermore, it could be construed as a Betrayal of Public Trust; No public safety, public benefit, or common interest for all residents of this city has been shown. Book 67/Page 212 11/18/86 "Respectfully submitted "(s)Eve F. Bisberg 1826 East 8th Street National City, Calif. 92050" Mayor Morgan asked the City Clerk to read into the record his memo to Police Chief Hart dated November 14, 1986: "November 14, 1986 "To: Terry Hart Chief of Police "From: Mayor Morgan "Subject: Break—in in Mayor's Office "I spoke with you concerning someone having been in my office and you asked me what you could do about this situation. I suggested that you check around and see who else could have a key to my office. "In last night's Evening Tribune, 1 read where you stated that you thought there was an extra key but that you would do nothing unless the City Manager asked you to do it. "I don't know where I stand on this subject. Will you please send me a note and tell me exactly where I stand on my request to you. "(s)Kile Morgan Mayor" Mayor Morgan said he had written letters to the City Manager and the Chief of Police, but got no replies. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF UTILITIES — SWIMMING POOL Asst. City Manager Bolint reported that the ruptured gas line near the swim ming pool has been repaired. MAYOR — No report. CITY COUNCIL Councilman Waters reported that next week we will have installation of the new Mayor and one new member of the City Council; as Mayor Elect, he has the responsibility of setting it up; the installation will take place im mediately after roll call; following the installation will be presentation of colors by the Boy Scouts; there will be cake and coffee in the lobby. 19. SUBJECT: Information on Housing Distribution within National City. Councilman Dalla said he has said in the past that the majority of the people who live in National City are renters, and he and the Mayor have had an on —going dispute on the accuracy of this fact; he has included in the agenda the 1960, 1970 and 1980 population and housing census figures, and the figures for 1980 indicate that 63.3% of the residential units in National City are occupied by renters as opposed to owners; the Mayor has responded by providing him with another table from the same census that shows that 65.9% of the residents in National City are single—family detached homes; he doesn't disputeying to make is that we have become a community of renters. Mayor Morgan said he is only talking about occupancy in single—family homes, not apartments; the majority of residents of single—family homes own their own homes. APPOINTMENTS BD COMM Vice Mayor Cooper presided. Mr. Cooper reported that he had set December 9 for the interviews, with appointments to be on December 16; he believes there Book 67/Page 213 11/18/86 will not be a Council meeting on December 23, and we need to get this done before the New Year. BUILDING ADVISORY AND APPEALS BOARD There are three im mediate vacancies, two for persons in the building trades, and one for a citizen; we have applications from members of the building trades, but we need one citizen, and that should be advertised. There was consensus to advertise for this one position. COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT The City Clerk said this committee is made up of persons under Federal guidelines; it would be wise to continue with the same members; letters have been sent to the members asking if they would like to continue serving, but we have not yet heard from all of them; it is possible we will have to advertise for one or two, but it would be difficult to fill by advertising; Mr. Peterson is also contacting these people to determine if they want to continue serving. PARK & RECREATION ADVISORY BOARD There will be two vacancies as of March 31 (Robert Andrade and Ed Bodge); neither of these people have served more than one term, and if both respond favorably to the City Clerk's letter, we won't need to advertise. The City Clerk replied they have both indicated that they would like to continue. PLANNING COMMISSION Vice Mayor Cooper said there is one im mediate vacancy, and introduced Councilman Elect Fred Pruitt who was present in the audience. Mr. Cooper continued, we need to fill the vacancy created by Mr. Pruitt; Mr. Howery has served only part of one term, and will probably want to continue. The City Clerk reported that Mr. Howery has indicated he would like to continue. Mr. Cooper said we will need to advertise for one vacancy on this Commission. STREET TREE & PARKWAY COMMITTEE There are two vacancies on this Committee, one immediate, and one effective April 30; Mr. Aranda has missed every meeting for the past five months, and Mr. Keen has served Tess than one full term. The City Clerk reported Mr. Keen has responded and would like to continue. Mr. Cooper said we would need to advertise for one member. SWEETWATER AUTHORITY Vice Mayor Cooper said there is one im mediate vacancy, and that is a Mayor's appointment. TRAFFIC SAFETY COMMITTEE The terms of Mr. Dyer, Mr. Bailey and Mr. Torres will expire on December 31, and Mr. Fierro has agreed to serve on the Building Advisory and Appeals Board. The City Clerk said one of the applicants for the Planning Commission is currently on the Library Board; if he is appointed, we would have a vacancy on the Library Board; she has applications that are Tess than one—year old. There was consensus that if that person is appointed to the Planning Commission, we could appoint someone from the applications we have on file. ADJOURNMENT Moved by Dalla, seconded by Waters, the meeting be adjourned to 7:00 p.m., November 25, 1986. Carried by unanimous vote. Absent: VanDeventer. The meeting dosed at 4:57 p.m. CITY CL RK The foregoing minutes were approved at the regular meeting of November 25, 1986. Corrections No Corrections '— ——MAYOR CITY OF NATIONAL CITY, CALIFORNIA