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.
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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.
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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.
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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
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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