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HomeMy WebLinkAbout1986 12-16 CC MINBook 68/ Page 2 12/16/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 16, 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 Waters. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Administrative officials present: Bolint, Eiser, Mc Cabe, Deputy City Clerk Monday, 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. Bill Ward, Paradise Valley Church. Mayor Waters requested a minute of silence in m emory of form er Councilman Louis Camacho, who passed away today. Mr. Waters requested the Civic Center flag be flown at half mast tomorrow. APPROVAL OF MINUTES The Deputy City Clerk reported the minutes of the regular meeting of December 9, 1986 had not been distributed. APPOINTMENTS — BD COMM Vice Mayor Cooper presided. Mr. Cooper reported Patricia Gray and John Alva filed late applications and he would like to interview these people, if there were no objections. Ms. Gray was not present. John Alva, 17 S. Kenton St., was present and said he would like to be on the Traffic Safety Committee, but could not serve until April 1, 1987. BUILDING ADVISORY & APPEALS BOARD Vice Mayor Cooper said there were two vacancies to be filled by persons within the building trades and one vacancy for a citizen member. Moved by VanDeventer, seconded by Dalla, Raymond Duke and Roy Fierro be appointed to the Advisory and Appeals Board as members from the building trades. Carried by unanimous vote. Ballots for the citizen member were distributed, voted and returned to the Deputy City Clerk who tallied the votes: four votes for David Gasca and one vote for Michael D. Irey. Vice Mayor Cooper announced that David Gasca would be appointed. COMMITTEE FOR HOUSING & COMMUNITY DEVELOPMENT Vice Mayor Cooper announced there would be nine vacancies on the Committee for Housing and Com munity Development; all nine incumbents requested re—appointm ent. Moved by VanDeventer, seconded by Pruitt, the nine encumbents (Leticia Camacho, Brenda Daniels, Shirley A. Ferrill, Helen Hailing, Kathleen S. Hjerleid, Carolyn Kruse, Andres Magaoay, Daniel Murphy, William F. Wallace) be re —appointed, since they have expressed a desire to continue serving. Carried by unanimous vote. PLANNING COMMISSION Vice Mayor Cooper announced there would be one vacancy on the Planning Commission as of April 1, the position is held by Charles Howery who has served Tess than one —full term and Mr. Howery has asked to be re —appointed. Mr. Cooper said there is an immediate vacancy, in the unexpired term of Councilman Pruitt. Ballots were distributed, voted and returned to the Deputy City Clerk who tallied the votes: three votes each for Charles Howery and J am es L. Ladd, two votes for Luis B. Natividad, and one vote each for Bruce D. Coons and Rosalie G. Zarate. Vice Mayor Cooper announced that Charles Howery would be re —appointed to a full term expiring 3/31/91 and James L. Ladd would be appointed to an unexpired term ending 3/31 /90. PARK & RECREATION ADVISORY BOARD The Vice Mayor reported there would be two openings on the Park and Recreation Advisory Board as of May 1; both incumbents (Roberto Andrade and Ed Bodge have served less than one full term and have requested re— appointment.) Moved by VanDeventer, seconded by Dalla, we recommend that the Mayor re —appoint the two incumbents (Roberto Andrade and Ed Bodge). Carried by unanimous vote. Book 68/ Page 3 12/16/86 STREET TREE do PARKWAY COMMITTEE The Vice Mayor announced there would be one vacancy to a full term as of April 1 and an immediate vacancy in an unexpired term on the Street Tree Committee; the incumbent (Albert Keen requested re —appointment.) Moved by Dalla, seconded by Van Deventer, we recommend that the Mayor re —appoint Albert Keen to the full term, and appoint Michael D. key to the unexpired term. Carried by unanimous vote. SWEETWATER AUTHORITY (A vacancy for member of the Board occurred Jan. 1, 1986. Council was unable to decide on an appointment, resulting in Kile Morgan's continuing in the position.) Ballots for the unexpired term were distributed, and returned to the Deputy City Clerk who tallied the votes: three votes for Jessie E. Van Deventer and one vote for Kile Morgan. TRAFFIC SAFETY COMMITTEE Vice Mayor Cooper announced relative to Traffic Safety Com mittee that there were two vacancies to full terms as of Jan. 1, 1987; Mr. Fierro was being appointed to the Building Advisory and Appeals Board which would leave Mr. Fierro's term (expiring Dec. 31, 1987, vacant) and reminded Council that Mr. Alva, if appointed, could not serve until April 1, 1987. Councilman VanDeventer asked Mr. Fierro if he would be willing to remain on the Traffic Safety Committee until April if Mr. Alva is appointed. Mr. Fierro replied he would be. Ballots were distributed, voted and returned to the Deputy City Clerk who tallied the votes: Randolph Myrseth and John Alva each received four votes, Maria S. Lozano received two votes, and Roy Fierro received one vote. Consensus was to recommend that the Mayor appoint Randolph Myrseth, John Alva, and Maria S. Lozano. PUBLIC ORAL COMMUNICATIONS Petra Barajas was present to speak. Ms. Barajas was advised she could be heard under Item 19. EXECUTIVE SESSION Mayor Waters requested an Executive Session. City Attorney Eiser said the closed session would be to discuss pending litigation under Government Code Section 54956.9(a), the City of National City vs the State of California in the matter of Rte. 252. Moved by Van Deventer, seconded by Pruitt, in favor of the Executive Session. Carried by unanimous vote. Council went into Executive Session at 4:38 p.m. Council reconvened at 5:05 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. PUBLIC HEARING PROPERTY ABATEMENT 1. SUBJECT: Public Hearing — Appeal of a Notice to Clean Premises at 1902 "L" Street (Case File No. CV-86-322). RECOMMENDATION: Staff recom mends that Council declare it to be a public nuisance and order the premises to be cleaned. TESTIM ONY: No one was present in this regard. ACTION: Moved by Van Deventer, seconded by Pruitt, the public hearing be closed and the appeal be denied. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,154 through 15,166) Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Councilman Dalla requested Nos. 4, 8 and 13 be considered separately. Vice Mayor Cooper requested No. 2 be considered separately. City Attorney Eiser recommended that No. 9 be removed from the agenda. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except Nos. 2, 4, 8, 9 and 13) be adopted. Carried by unanimous vote. Book 68/ Page 4 12/16/86 PARKING/TRAFFIC SIGNS 3. Resolution No. 15,155, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF AN ADVISORY 15 MPH SPEED LIMIT SIGN (W13-1) AND A REVERSE CURB SIGN (W1-3L) ON BOTH NORTH AND SOUTHBOUND DIRECTION OF ORANGE AVENUE, BETWEEN 16TH AND 18TH STREETS (TSC 100A)." Adopted. See above. PARKING/TRAFFIC SIGNS 5. Resolution No. 15,157, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF YIELD SIGNS ON NORTH AND SOUTH LEGS OF 'K' AVENUE AT ITS INTERSECTION WITH 6TH STREET (TSC 86-98-1)." Adopted. See above. PARKING/TRAFFIC SIGNS 6. Resolution No. 15,158, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF CHEVRON ALIGNMENT SIGNS (W1-8) ALONG THE TRANSITION ON THE SOUTHSIDE OF PLAZA BOULEVARD, EAST OF GROVE STREET (TSC 86-113)." Adopted. See above. PARKING/TRAFFIC 7. Resolution No. 15,159, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING ESTABLISHMENT OF '2—HOUR' LIMITED PARKING ZONE ON THE NORTHSIDE OF 13TH STREET ADJACENT TO MOONLIGHT MARKET AT 1245 HIGHLAND AVENUE (TSC-86-96)." Adopted. See above. SPECIAL PERMIT — DRIVEWAY 10. Resolution No. 15,162, "A RESOLUTION APPROVING THE ISSUANCE OF A DRIVEWAY SPECIAL PERMIT AT 1616 COOLIDGE (J. R. TERRY)." Adopted. See above. SURPLUS PROPERTY 11. Resolution No. 15,163, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO A DISPOSAL ESCROW FOR SALE OF CITY OWNED PROPERTY LOCATED AT PLAZA AND EUCLID AVENUE TO K.R.D. DEVELOPING RESOURCES, INC. (A.P.N. 550-091-11)." Adopted. See above. CONTRACT — ENV QUALITY/HAZARDOUS MATERIAL 12. Resolution No. 15,164, "A RESOLUTION DECLARING WOODWARD—CLYDE CONSULTANTS TO BE THE MOST RESPONSIBLE PROPOSAL AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WOODWARD—CLYDE CONSULTANTS (REPLACEMENT/REMOVAL OF UNDERGROUND HAZARDOUS MATERIAL STORAGE TANKS)." Adopted. See above. SUBDIVISION 14. Resolution No. 15,166, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE DIVISION OF 10.4 ACRES INTO 42 RESIDENTIAL LOTS IN THE AREA 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)." Adopted. See above. FIRE PROTECTION 2. Resolution No. 15,154, "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE LOWER SWEETWATER FIRE PROTECTION DISTRICT TO PROVIDE FIRE PROTECTION." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,154 be adopted. Carried by unanimous vote. CITY COUNCILMTG REGS/SCH 4. Resolution No. 15,156, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING PROCEDURES FOR PREPARATION AND POSTING OF THE COUNCIL AGENDA AND FOR PUBLIC PARTICIPATION AT COUNCIL MEETINGS." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,156 be adopted. Carried by unanimous vote. PARKING/TRAFFIC 8. Resolution No. 15,160, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF 'FIRE LANE — NO PARKING' SIG NS (TSC 86-112)." Moved by VanDeventer, seconded by Pruitt, Resolution No. 15,160 be adopted, with the stipulation that all residents shall be notified in advance. Carried by unanimous vote. Book 68/Page 5(R) 12/16/86 FLOOD CONTROL 9. Resolution No. 15,161, "A RESOLUTION OF THE CITY OF NATIONAL CITY, ACCEPTING DRAINAGE EASEMENTS FOR A 66" STORM DRAINAGE LINE IN THE 'D UCK POND' A REA." City Attorney Eiser requested this item be removed from the agenda. Moved by VanDeventer, seconded by Cooper, this item be removed from the agenda. Carried by unanimous vote. CONTRACT/R.R. GATES AND FLASHERS 13. Resolution No. 15,165, "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF GATES AND FLASHERS." Moved by Van Deventer, seconded by Cooper, Resolution No. 15,165 be adopted. Carried by unanimous vote. ADOPTION OF RESOLUTIONS (Not a part of the Consent Agenda) BUDGET FY86-87 — CITY FACILITY/SWIMMING POOL 15. Resolution No. 15,167, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE INSTALLATION OF THE LAS PALMAS POOL PUMP AND FILTER REPLACEMENT (ENGINEERING SPECIFICATION NO. 997)." Moved by VanDeventer, seconded by Cooper, Resolution No. 15,167 be adopted, with $16,000 coming from reserves instead of the dusk to dawn lighting program. Carried by unanimous vote. CONTRACT — CITY FACILITY/SWIMMING POOL 16. Resolution No. 15,168, "A RESOLUTION DECLA RING MISSION POOLS, INC. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MISSION POOLS, INC." Moved by Van Deventer, seconded by Pruitt, Resolution No. 15,168 be adopted. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION Moved by Van Deventer, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. M U NI CODE — ZONING 17. "An Ordinance of the City of National City amending Title 18 (Zoning) of the National City Municipal Code to permit adult health care in the ML (Light Manufacturing) zone (Case File No. A-4-86)." NEW BUSINESS FINANCE MGMT 18. SUBJECT: WARRANT REGISTER NO. 23, Ratification of Demands in the amount of $257,842.67 (Warrants Nos. 94503 through 94621). RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by Pruitt, we ratify the demands. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Van Deventer, Waters. Nays: None. WRITTEN COMMUNICATIONS PUBLIC REQUEST/COMPLAINT 19. SUBJECT: Letter from Ms. Petra E. Barajas, "Member of the 44th Federal Congressional Advisory Com mittee." RECOMMENDATION: None. T ESTIM ONY: Petra Barajas was present and sub mitted docum ents, pertaining to the Claim she filed earlier in the day. City Attorney Eiser said he doesn't know that there is any involvement on the part of the City; it appears a decision was made by a Police Sgt. as to whether or not to initiate an arrest, and there is wide discretion in police officers as to whether or not to make an arrest; her problem is between the Kiwanis Club and the individual involved. Mayor Waters asked Mrs. Barajas to write a more detailed letter to the City Manager, and said it would be turned over to the Police Chief for a decision. Alfred Hlawatsch, 905 E. 13th St., was present and explained his involvement and gave an outline of Ms. Barajas' history of litigation. ACTION: Moved by VanDeventer, seconded by Pruitt, this be filed. Carried by unanimous vote. BUDGET FY86-87 20. SUB J E CT: Letter from the San Diego Firefighter regarding the 1986 Christmas Food Drive, requesting either purchase of an advertisement or a donation. RECOMMENDATION: None. TESTIMONY: John Alva (San Diego Firefighter), 17 S. Kenton (San Diego Firefighter is the the San Diego City Firefighters' local Book 68/Page 6 12/16/86 newspaper; this is a form letter sent out by the printer of the newsletter; their local had an agreement with the printer that after he took his fees, the rest of the money generated would be donated to the holiday food drive; he has talked to the President of the local, and he advised Council not to make a donation in response to the letter; if Council would like to make a donation, he would request they make it directly to the holiday food bowl drive. ACTION: Moved by VanDeventer, seconded by Cooper, this request be denied. Carried by unanimous vote. OTHER BUSINESS PARKING/TRAFFIC 21. SUBJECT: Report of the Traffic Safety Committee Meeting of November 12, 1986. RECOMMENDATION: Staff recommends the report be received and filed. ACTION: Moved by Cooper, seconded by Pruitt, the report be accepted and filed. Carried by unanimous vote. PERSONNEL LABOR REL 22. SUBJECT: The City Manager's Request for Proposals — Total Compensation Survey. R E C O M M E N DATIO N: Staff recommends Council authorize staff to issue R F P. ACTION: Moved by VanDeventer, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. HIGHWAY/FREEWAY 23. SUBJECT: Draft Me morandum of Understanding Between the City of San Diego and the City of National City — Route 252. RECOMMENDATION: None. ACTION: Moved by Dalla, seconded by VanDeventer, we go along with this, but in addition, we propose some language to the effect that National City does not consider the mitigation to, in any way, be a substitute for the freeway which is still needed, but that we recognize is not going to occur, and the City Attorney can work out the wording, and when it is acceptable to the Mayor, it can be incorporated. Moved by Cooper, seconded by Van Deventer, the motion include that we ask that this be spread out over a ten—year period instead of a fifteen —year period. Carried by unanimous vote. FLOOD CONTROL 24. SUBJECT: Battalion Chief Devendorf's Report on Potential Winter Hooding. RECOMMENDATION: Staff recommends the report be filed. ACTION: Ordered filed by unanimous vote. CITY —OWNED PROPERTY 25. SUBJECT: Engineering Department's Report on Lease at 1640 Tidelands — Cole Industries. R E C O M M E N D A TI O N: Staff recommends the lessee be granted holdover time as per lease, staff be directed to negotiate a new lease, extended tim e, 5—y ear terms commencing December 15, 1986, the lease and conditions to be approved by City Ordinance, as specified in the original lease. ACTION: Moved by Dalla, seconded by VanDeventer, we proceed as recommended by staff. Carried by unanimous vote. SURPLUS PROPERTY 26. SUBJECT: The Engineering Department's Report on Waiver of policy on certain parcels of surplus land. (The right—of—way for Euclid Ave., when established, will create several parcels of City —owned land with little or no value to anyone but the adjacent contiguous landowner; permission is requested to identify all said surplus parcels, determine their usability as prescribed by Code, make provisions to declare all as surplus lands, go out to bid on marketable parcels, and negotiate a sale or transfer of all unmarketable parcels) Book 68/ Page 7 12/16/86 RECOMMENDATION: Staff recommends Council direct staff to proceed as requested, report to Council on all Euclid Ave. surplus, and negotiate a sale and report to Council. ACTION: Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. PARKING/TRAFFIC 27. SUBJECT: The City Engineer's Report on Crossing Modification at 8th and rtBtt. RECOMMENDATION: None. ACTION: Ordered filed by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY SURPLUS PROPERTY City Attorney Eiser spoke of the litigation regarding the property at 18th & Roosevelt, saying the City did prevail on the litigation, which clears the way for the City to proceed with the sale of the property to Mr. West; Council is now free to set this matter for consideration. Vice Mayor Cooper said he would like that set for the next meeting. CLAIMS/LITIGATION City Attorney Eiser reported on the adult book store which opened at 929 National City Blvd., across from another adult business, saying he intends to file a civil suit on that matter this week; there is a provision in the Code authorizing him to do so on behalf of the City, and the people of the State of California with the authorization of Council. Moved by Van Deventer, seconded by Cooper, in favor of the City Attorney's recommendation. Carried by unanimous vote. OTHER STAFF CONDITIONAL USE PERMIT Planning Director Post said at last week's Council meeting, there was a report from Council regarding the motel at 7th & Roosevelt, and Council directed staff to pursue an independent evaluation on whether additional motels are needed in National City; Executive Director, Community Development Commission Peterson provided him with the report done on the downtown area by Leventhal and Horvath, and there is good data in that report; staff also has another similar report; there appears to be enough material in the documents to do an independent report on staff level, and he would like Council authorization. Moved by Dalla, seconded by Pruitt, in favor of this request. Moved by Dalla, seconded by Pruitt, the motion be amended to direct staff to keep track of their time, and the applicant be billed. Motion and second withdrawn. Consensus was to follow Council's original action and have an independent study done. FOR THE RECORD: Mayor Waters requested that the record show the motion was withdrawn, and that he heard a com ment that this was a possible violation of the Brown Act; it doesn't go into effect until January 1. MAYOR Mayor Waters wished everyone a Merry Christmas and a Happy New Year. TRANSPORTATION Mayor Waters inquired who brought up the matter of bus stop covers. Vice Mayor Cooper said a representative of the MTDB appeared before us some time back and asked about it. Councilman Pruitt said it was initiated in the Planning Dept. Mr. Waters said he received something about this and inquired if the Planning Director had a copy. CITY COUNCIL SIGNS 28. SUBJECT: Discussion of Political Campaign Signs. ACTION: Moved by VanDeventer, seconded by Cooper, staff be directed to review the matter of shortening the tim e allowable for Political Campaign Signs from 60 days to 30 days. Mayor Waters asked the City Attorney to check into this to determine if we are violating any State Laws. Carried by unanimous vote. Book 68/ Page 8 12/16/86 Councilman Dalla said there was an article in the newspaper indicating that the Post Office Dept. was going to be remodeling and enlarging various post offices, and our post office was not on the list; we should invite our local Congressman to meet us at the post office any day during the holiday season, and we should pursue it in writing; our need is as great or greater than some of the others. Moved by Dalla, seconded by Van Deventer we co m municate directly through the Mayor's office to our Congressman, and see about getting our post office considered. Al Alvarado (District Representative to Congressman Jim Bates), 2423 E. 20th St. was present and said Congressm an Bates has been working on this since 1982; they have written a letter and are waiting for a response; Congressman Bates will be in San Diego from December 22 through January 2. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Pruitt. Vice Mayor Cooper wished everyone a Merry Christmas and a Happy New Year. Councilman VanDeventer wished everyone a Merry Christmas. Councilman Pruitt wished everyone a Merry Christmas and a Happy New Year, and inquired if we could have a meeting with all Department Heads after the New Year. Mayor Waters said he would work that out with the City Manager. ADJOURNMENT Moved by Waters, seconded by VanDeventer, th meeting be adjourned to 4:00 p.m., January 6, 1987. Carried by unanimous vote. Th4 meeting Eiosed at 6:32 p.m. CITY CLERK 1 The foregoing minutes were approved at the regular meeting of January 6, 1987. Corrections ,/ No corrections CITY OF NATIONAL CITY, CALIFORNIA