HomeMy WebLinkAbout1986 12-09 CC MINBook 67/Page 247
12/9/86
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
DECEMBER 9, 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 Waters.
ROLL CALL
Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. 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 Mc Cabe,
followed with invocation by the Rev. Billie D. Robertson, Assembly of God Church.
APPROVAL OF MINUTES
Moved by Cooper, seconded by VanDeventer, the minutes of the regular meetings of
November 25, and December 2, 1986 be approved. Carried by unanimous vote.
PROCLAMATIONSMoved by Van Deventer, seconded by Cooper, the Proclamations
be read by title only. Carried by unanimous vote.
The Proclamation declaring that December 14 through December 20, 1986 be
declared as "DRUNK AND DRUGGED DRIVING AWARENESS WEEK" was presented.
Moved by Dalla, seconded by Pruitt, in favor of this Proclamation. Carried by
unanimous vote.
The Proclamation declaring Sunday, December 14, 1986 as "SPACEBRIDGE OF THE
AMERICAS DAY" was presented. STEVEN GASSAWAY, 3138 Orchard Hill, Bonita,
was present and gave a brief explanation of "Beyond War". Moved by Cooper,
seconded by Van Deventer, in favor of this Proclamation. Carried, by the following
vote, to —wit: Ayes: Cooper, Pruitt, Van Deventer, Waters. Nays: None.
Abstaining: Dalla.
MAYOR'S APPOINTMENTS
AREA DEVELOPMENT
SUBJECT: Appointment of Councilman Fred Pruitt to the BAYF RONT
CONSERVANCY TRUST COMMITTEE (for the development of the Second Harbor
Entrance) by Mayor Waters.
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this
appointment. Carried by unanimous vote.
BD COM M
Boards/Com missions/Com mittees Interviews
Vice Mayor Cooper presided over the interviews, inviting applicants to come
forward and state why they would like to serve. The following applicants spoke:
BUILDING ADVISORY AND APPEALS BOARD
Applicant within the Building Trades
Raymond R. Duke
Citizen Applicants
David Gasca
Michael D. key
Janice Martinelli
COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT
Vice Mayor Cooper reported that all incumbents were contacted, and they
have advised us that they would like to continue; there are no vacancies.
PARK AND RECREATION ADVISORY BOARD
Vice Mayor Cooper reported that both incumbents have served less than one
full term, and desire to continue; there are no vacancies.
1
Book 67/Page 248
12/9/86
PLANNING COMMISSION
Bruce Coons
Al Alvarado
Darryl Gorham
Jam es Grier, Jr.
James L. Ladd
A. Sam Munoz
Luis Natividad
Raymond R. Duke
David Gasca
Michael D. Irey
SWEETWATER AUTHORITY
Raymond R. Duke
AI Alvarado
TRAFFIC SAFETY COMMITTEE
Randolph A. Myrseth
Mayor Waters said he would hold off on the Mayor's appointments until Council makes
their appointments. Vice Mayor Cooper announced that appointments will be made
next week.
I
Mayor Waters called a recess at 8:12 p.m. 1
Council reconvened at 8:20 p.m.
ROLL CALL
Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent:
None.
PUBLIC ORAL COMMUNICATIONS
UNDERGROUND UTILITIES/TRAFFIC SIGNAL
RICHARD PLUMLEE (representing the development on Valley Rd.), 1213 Skylark, La
Jolla was present and apologized for the delay in opening Valley Rd.; they have been
hurt by recent storms, and hope to have the road open by next Tuesday; the utility
poles in the right—of—way of Valley Rd., adjacent to the drainage channel, will be
removed, but the road will be open prior to the removal; they are in the process of
transferring the power system underground; the poles at the intersection of the South
Bay Freeway have been removed with the exception of the telephone facilities, which
will be moved in six weeks; they are in the process of installing a traffic light on
Valley Rd. and the South Bay Freeway.
TEMPORARY USE PERMIT
LINDA ELM ORE, McMillan Development, was present and requested a TUP for a
Christmas Party in their parking lot; she submitted the plans, etc. today. City
Attorney Eiser said the application came through his office this morning, and he
thinks it has been reviewed by staff; it should be ready for approval within a day or
two. Moved by VanDeventer, seconded by Cooper, in favor of this request, subject to
approval by the City Manager. Carried by unanimous vote.
BUDGET FY86-87
BONNIE JOHNSTON, 1715 Beta St., was present to request a donation for Colorado
Outreach School's four —day course designed to help individuals discover untapped
resources, with emphasis on growth and development; her group is mainly interested
in substance courses; the tuition has been paid by another organization, but they need
$40 apiece for 13 members of the group; she is a recovering alcoholic, and was
raised in National City. Ms. Johnston was advised to submit a letter to the City
Council and the City Manager, outlining the program, and it will be put on next
week's agenda.
BD COMM
JONATHAN ALVA, 17 S. Kenton St., was present and commended those people who
applied for the Boards and Com missions; he considered applying for the Traffic Safety
Committee, but did not because he is busy with finals at Miramar College; he wants
Council to know that other people are interested in the City.
HIGHWAY/FREEWAY
WARREN NIELSON, San Diego, was present and said the City's lawsuit, and his
lawsuit are continuing; he believes he must start a ballot initiative in the City of San
Diego for the Buena Vista Connector; he hopes if the ballot measure does go forth,
the Council will continue giving support.
Book 67/Page 249
12/9/86
PUBLIC HEARINGS
SUBDIVISION
1. SUBJECT: Public Hearing — Tentative subdivision map for division of 10.4 acres
into 42 single—family residential Tots on property located east of Harbison
Avenue, south of Eighth Street and north of Plaza Boulevard (Applicant: Robert
L. Childers Co., Inc., Case File No. S-4-86).
RECOMMENDATION: The Planning Com mission recom mends conditional
approval; staff concurs with the Planning Commission's recommendation.
TESTIMONY: Wayne D. Arum, 411 Kearney St., Chula Vista (Withdrew
National School District's opposition to this development, as
accom modation has been made.)
Mark Stevens, Civil Engineer, 3569 5th Ave., San Diego (He is
representing Mr. Childers; they have reviewed the conditions of the
Resolution, and they have no objections. Mr. Stevens displayed a
rendering of the proposed project, and outlined their plans.)
Robert Childers, 1041 W. Brierfield, San Diego (Outlined plans and
described the houses he is proposing to build, and the price range.)
Sam King, 826 Olive (The residents of Olive and the surrounding area
would like to see the project approved as presented.)
ACTION: Moved by Van Deventer, seconded by Cooper, the public hearing
be closed, and all conditions of staff be adhered to. Carried by
unanimous vote.
Robert Childers (Requested the City's help in releasing bonds posted when
a subdivision map a for 156—unit condominium project were approved by
Council a few years ago; the map was recorded and bonds were given to
the City; the City still holds the bonds. City Manager Mc Cabe said he
should have an answer by the end of the week.
MUNI CODE — ZONING
2. SUBJECT: Public Hearing — Amendment to Title 18 (Zoning) to permit Adult
Day Health Care in the ML (Light Manufacturing) Zone.
RECOM MENDATION: The Planning Commission recommends approval;
staff concurs with the Planning Com mission's approval.
TESTIM ONY: Sharon Paul, 101 E. 30th St. (Thanked Council for their
cooperation in directing the Planning Dept. to create the Code
Amendment.)
ACTION: Moved by Van Deventer, seconded by Cooper, the public hearing
be closed and staff's recommendations be approved. Carried by unanimous
vote.
CONDITIONAL USE PERMIT — CONFLICT OF INTEREST
3. SUBJECT: Public Hearing — Appeal of Planning Commission denial of
Conditional Use Permit Applications for construction of a 52—unit motel at the
northeast corner of 7th Street and Roosevelt Avenue (Applicant: Chivay Hsu
Architects, Case File Nos. CUP-1986-14/PD-08-86).
RECOMMENDATION: The Planning Commission denied this application;
staff concurs with the Planning Commission's denial.
CONFLICT OF INTEREST: Vice Mayor Cooper said he owns property
within this area, and the City Attorney has advised him that he should
not vote on this matter.
TESTIM ONY: Jim Bear, Attorney for applicant, 616 National City Blvd.
(The applicant is proposing a $2.5 million motel that would get rid of the
blight in that area, and help with future redevelopment; approval of this
project would improve existing zoning. Mr. Bear outlined the proposed
project and the planned amenities: electronic surveillance to mitigate
police problems, larger rooms, luxury furniture, six suites, jacuzzi and
sauna, four—story height. They want to give National City something to
be proud of.)
Planning Director Post said staff does not disapprove of the architecture;
the City's motel Ordinance requires a minimum of 50 units; this is a
high —density project with parking underneath the building; the Planning
Commission was concerned with the impact on the Downtown
Redevelopment Project; the Planning Commission is of the opinion that
this is not a luxury motel, but a budget motel, and staff concurs; there is
already a chain of budget motels along Roosevelt; the Police Dept.
recommended denial because they foresee a lot of police problems.
I
Book 67/Page 250
12/9/86
? ? , Executive Officer, Highway Inn Corp. (They built one budget
project at Broadway and Chula Vista St. in Chula Vista three months ago;
in the past, they operated Hilton Hotels and Best Western Hotels; they
built two hotels in Texas and two in Los Angeles; the motel in Chula
Vista has 40 units; the land for this project is in escrow; with closing
dependent on Council's approval of the project.)
Jim Bear (The person who has been the leader of the motel opposition is
the manager of Best Pacific Inn; their occupancy rate is 70%, and it is
up for sale; all of the motels in National City have a very high
occupancy rate; his client has done a marketing survey, and a significant
portion of the people are expected to be high —quality tourists.)
Chivay Hsu, Architect, 1049 Camino Del Mar, Del Mar (He designed the
motel in Chula Vista; there is a big difference between the motel in
Chula Vista and the proposed project in National City; the motel in Chula
Vista has lower rates, smaller rooms and the furnishings are spartan.)
Warren Nielson (He is in favor of this project; he would like to see
National City move forward; this motel can be a transition from budget
to something higher; the property owners in the area would support this
project.)
Mayor Waters said this has gone on too long; he would not hear any more
speakers. Councilman Dalla reminded the Mayor this is a public hearing.
The City Attorney gave his opinion. The Mayor said the matter would be
trailed to the end of the agenda.
ADOPTION OF RESOLUTION
CONSENT RESOLUTION (Resolution No. 15,153)
Moved by VanDeventer, seconded by Pruitt, the Resolution be presented by title and
adopted. Carried by unanimous vote.
SOLID WASTE MGIMT
4. Resolution No. 15,153, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY APPROVING THE 1986 REVISION OF THE SAN DIEGO
REGIONAL SOLID WASTE MANAGEMENT PLAN." Adopted. See above.
OLD BUSINESS
CITY FACILITY/KIMBALL COMMUNITY BLDG
5. SUBJECT: Schedule of Lambs' Players use of Community Building for
Centennial Pageant.
RECOM MENDATION: Staff recommends approval.
ACTION: Ordered filed by unanimous vote.
CITY FACILITY/LIBRARY
6. SUBJECT: Report on Library Restroom Facility Project: Location of Restroom.
RECOMMENDATION: Staff recommends the report be received and filed.
ACTION: Ordered filed by unanimous vote.
NEW BUSINESS
FINANCE MGIIT
7. WARRANT REGISTER NO. 22, Ratification of Demands in the amount of
$127,418.11 (Warrants Nos. 94456 through 94502), and Certification of Payroll in
the amount of $371,016.88.
RECOMMENDATION: Staff recommends the warrants be ratified.
ACTION: Moved by Cooper, seconded by VanDeventer, the bills be
ratified and the payroll certified. Carried, by the following vote, to —wit:
Ayes: Cooper, Dalla, Pruitt, Van Deventer, Waters. Nays: None.
WRITTEN COMMUNICATIONS
BUDGET FY86-87
8. SUBJECT: Letter from Mr. Russell Ham m, President, National City Community
Action Network, requesting contribution for the "National City Spirit of the
Holidays Program".
RECOMMENDATION: None.
ACTION: Moved by Van Deventer, seconded by Cooper, we donate $250.
Carried by unanimous vote.
Book 67/Page 251
12/9/86
OTHER BUSINESS
PLANNED DEVELOPMENT PERMIT
9. SUBJECT: Planning Commission — Notice of Decision. Resolution No. 62-86
approving an application for Planned Development Permit to allow the
construction of a sanctuary and office building addition for an existing church at
2819 East 18th Street (Applicant: Ronald Feenstra, AIA., Case File No. PD-09-
86).
RECOM MENDATION: The Planning Com mission recom mended approval
subject to nine conditions; staff concurs with the Planning Commission's
approval.
ACTION: Ordered filed by unanimous vote.
Mayor Waters spoke of Item 4, and commended former Councilman Joe Reid, saying 1
he did a fine job.
PLANNED DEVELOPMENT PERMIT
10. SUBJECT: Planning Commission — Notice of Decision. Resolution No. 60-86
denying application for Planned Development Permit to allow the construction of
three (3) detached, single family dwellings at 304 Norton Avenue (Applicant:
Domingo Gutierrez, Case File No. PD-06-86).
RECOMMENDATION: The Planning Commission denied this application;
staff recom mends this matter be set for public hearing.
ACTION: Moved by Cooper, seconded by Pruitt, this be set for public
hearing. Carried by unanimous vote.
CONFLICT OF INTEREST
11. SUBJECT: Disclosure of property interests located within Redevelopment
Project Area (Councilman Fred Pruitt).
RECOMMENDATION: Staff recommends that the disclosure be entered on
the minutes of the City Council at their meeting of December 9, 1986.
Mayor Waters asked the City Clerk to read Councilman Pruitt's memo
into the record:
"December 3, 1986
"TO: CITY MANAGER
"FROM: COUNCILMAN PRUITT
"SUBJECT: DISCLOSURE OF PROPERTY INTERESTS LOCATED
WITHIN REDEVELOPMENT PROJECT AREA
"Pursuant to Section 33130 of the Health and Safety Code, please enter
into the minutes of the December 9, 1986 City Council meeting the fact
that I own or have direct or indirect financial interests in the following
properties, located within the National City redevelopm ent project area:
"Leasehold interest in 1714 East 8th Street, National City
"(s)FRED PRUITT
COUNCILMAN"
ACTION: Moved by Dalla, seconded by VanDeventer, this be accepted.
Carried by unanimous vote.
CITY MANAGER
City Manager Mc Cabe requested that Council set a workshop for next Tuesday at
2:00 p.m. for the street light survey report. Moved by Cooper, seconded by
Van Deventer, in favor of this request. Carried by unanimous vote.
CITY ATTORNEY — No report.
OTHER STAFF
City Engineer Stafford brought to Council's attention his request for a detour for two
brief periods for the storm drain construction project on "A" Ave. Moved by
Van Deventer, seconded by Dalla, this be approved. Carried by unanimous vote.
MAYOR
Mayor Waters said City Librarian Shula Monroe has contacted Ruth Plache, a local
singer and member of the Centennial Committee, and she will be leading the
Book 67/Page 252
12/9/86
singing of Christmas Carols after the lights are turned on tomorrow night at
6:00 p.m. at the Community Bldg.; there is a Christmas arts and crafts workshop at
the same time.
CITY COUNCIL
PARKING/TRAFFIC
Vice Mayor Cooper asked the City Engineer for a progress report on the flashing
lights that were ordered for 8th & "B". Mr. Stafford said he would report back next
week.
CITY COUNCIL MTG REGS/SCH
Councilman Dalla asked the City Clerk to read into the record his memo to the
Mayor and City Council, dated December 9, 1986 (See Exhibit "A" attached). Moved
by Dalla, seconded by Cooper, 1) Council direct the City Clerk to explain in writing
why she failed to carry out the clear direction of the City Council outlined in the
minutes of the July 22, 1986 meeting and further, why she failed to respond to two
written inquiries on that same matter and 2) direct the City Clerk to provide, by
January 1, 1987, all the Council meeting tapes necessary to bring the Library current
with the most recent Council meeting and that such future tapes be provided to the
Library no later than the day following a subsequent Council meeting and 3) direct
that the "action only format" be followed and that "testimony" and "discussion" not
appear in the Minutes and 4) that the Mini —minutes previously provided by the City
Clerk's office and recently discontinued be re —implemented and distributed to all
Departments by 11 a.m. the day following each Council meeting, the City Clerk to
respond by December 16. The City Clerk requested additional help in the Clerk's
office, saying there is more work than three people can accomplish in a 40—hour
week; she has also asked that the window in the Clerk's office be closed off; in order
to provide this response, she will have to push other things aside. Motion carried by
unanimous vote.
PUBLIC HEARINGS (CONT'D.)
CONDITIONAL USE PERMIT — CONFLICT OF INTEREST
Item 3 (cont'd.)
TESTIM ONY: ? ? , 1640 E. Plaza Blve., Manager, Best Pacific Inn
(Spoke in opposition, saying their average over the year is about 68%
occupancy.)
Harold Dodds, 210 Shirley, Chula Vista (He furnished the land for the two
motels on Roosevelt (Nite Lite Inn & E Z 8); the property in question has been
dedicated for tourists and that means a hotel; he would like to get behind this
gentleman and give him the go—ahead.)
ACTION: Moved by VanDeventer, seconded by Waters, this be continued to
January 13, to review the survey on occupancy of motels in National City which
Mr. Bear spoke of, and Council go out and look at the facility in Chula Vista.
Planning Director Post said occasionally the City com missions an independent
study under the control of the City, but paid for by the applicant. Councilman
Van Deventer said he would include that as part of the motion. Councilman
Pruitt said the second agrees.
ACTION: Motion carried, by the following vote,to—wit: Ayes: Dalla, Pruitt,
VanDeventer, Waters. Nays: None. Abstaining: Cooper.
ADJOURNMENT
Moved by VanDeventer, seconded by Pruitt, the meeting be adjourned to 2:00 p.m.,
December 16, 1986. Carried by unanimous vote. The meeting closed at 10:25 p.m.
CITY CLERK•
The foregoing minutes were approved at the regular meeting of December 16, 1986.
Corrections No corrections
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA
Exhibit "A"
Book 67/Page 253
City of National City
Office of the City Council
1243 National City Blvd., National City. Ca. 92050-4397
Phone: (619) 477-1181
December 9, 1986
TO Mayor and City Council
FROM Michael Dalla, Councilman
SUBJECT CITY CLERK'S RESPONSE TO COUNCIL DIRECTIVES
Attached in order are the following items:* 1) Council agenda statement dated
March 25, 1986 and Resolution 14,894; 2) Council agenda statement dated June 17,
1986 and Resolution 14,984; 3) Minutes of the July 1, 1986 City Council meeting;
4) Letter from Councilman Dalla to City Clerk dated July 17, 1986; 5) City Clerk's
response to Councilman Dalla's letter; 6) Minutes of the July 22, 1986 City Council
meeting directing that item 8 appear verbatim; 7) Certified copy of July 1, 1986
City Council meeting indicating Council direction was not followed; 8) Councilman
Dalla's letter to City Clerk dated September 2, 1986 requesting an explanation; 9)
Councilman Dalla's letter to City Clerk dated September 16, 1986 requesting an
explanation.
On November 19, 1985, the City Council, by motion, approved a new format for
City Council minutes specifying, among other things, that future minutes be "action
only minutes" and that tapes of City Council meetings be available in the Library
for the public. The action of the Council, however, was not implemented by the
City Clerk. A formal resolution was, therefore, adopted on March 25, 1986
outlining the Council's desires.
One of the purposes of "action only minutes" was to simplify the task of preparing
the minutes by eliminating the lengthy dialogue and discussion they contained while
still making the entire and complete record of the proceedings available to the
public in the Library.
Unfortunately, neither goal has been fully achieved. The lengthy dialogue in the
minutes that was previously labeled "discussion" continues to appear in the minutes
under the new heading "testimony". Despite the fact that the City purchased a
commercial high-speed dubbing machine for the Clerk's office to copy tapes, tapes
of City Council meetings have not been provided to the Library since March of
1986, a full eight months ago.
It is important that the record of the City Council's proceedings accurately reflect
those proceedings to the satisfaction of the City Council. Clear steps have been
taken by the Council to clarify the format it expects its minutes to be in and the
procedures to be followed in the public distribution of it's audio tapes.
Unfortunately those efforts have had limited success.
Available in the City Clerk's office.
Book 67/Page 254
A routine request to the. City Clerk to correct the minutes of the July 1, 1986
Council meeting was unproductive. Formal Council action in keeping with the
Council minute policy to have a portion of those minutes appear verbatim was
ignored. Two inquiries to the City Clerk relating to this matter were also ignored.
As demonstrated by the attached documentation, it appears that the City Clerk
does not consider it necessary to respond to the directives from the Council nor to
inquiries from Council members.
I therefore ask Council support for a formal motion 1) Directing the City Clerk to
explain in writing why she failed to carry out the clear direction of the City
Council outlined in the minutes of the July 22, 1986 meeting and further, why she
failed to respond to two written inquiries on that same matter and 2) directing the
City Clerk to provide, by January 1, 1987, all the Council meeting tapes necessary
to bring the Library current with the most recent Council meeting and that such
future tapes be provided to the Library no later than the day following a
subsequent Council meeting and 3) directing that the "action only format" be
followed and that "testimony" and "discussion" not appear in the Minutes and 4)
that the Mini -minutes previously provided by the City Clerk's office and recently
discontinued be re -implemented and distributed to all Departments by 11 a.m. the
day following each Council meeting.
MD