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HomeMy WebLinkAbout1985 02-05 CC MINBook 65/Page 115 2/5/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 5, 1985 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, McCabe, Post, Stafford, Interim City Attorney Tobin. 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. J. Thomas Taylor, First United Methodist Church. APPROVAL OF MINUTES Moved by Cooper, seconded by Dalla, the minutes of the regular meeting of January 22, 1985 be approved. Carried by unanimous vote. Absent: VanDeventer. PROCLAMATION Moved by Dalla, seconded by Cooper, the Proclamation be presented by title only. Carried by unanimous vote. Absent: VanDeventer. The proposed Proclamation of "SELECTIVE SERVICE REGISTRATION AWARENESS MONTH", February, 1985 was read by title. Moved by Dalla, seconded by Waters, in favor of this Proclamation. Carried by unanimous vote. Absent: Van Deventer. Mayor Morgan presented the Proclamation to Mr. Johnson. PUBLIC ORAL COMMUNICATIONS CHARLES ERICA (representing the contractor in connection with construction of Rte. 54) was present and said the contractor and CalTrans appreciated the cooperation they received from the City and staff in closing National City Blvd. during the construction of Rte. 54; the Mile of Cars were also very cooperative. EMMETT MOORE, 3981 Ecochee Ave., San Diego, was present and said he applied for a business license to open a used car lot at 18th & National City Blvd. and was advised he could not operate from the existing illegal trailer; he spoke to the Planning Director and the Building Director, and was advised there was a small perm anent structure on the property that could be used for business providing he could get written permission from Equipment Specialists to use their restroom facilities, as the small structure had none; he has that written permission; he was also advised he would need a letter from Mr. Mc Cune stating he would remove the trailer within thirty days; he spoke to Mr. McCune today, and he has a signed letter stating that the trailer will be removed within thirty days, but he still has not gotten permission to operate his business. Discussion. Moved by Morgan, seconded by Waters, Mr. Moore be allowed to operate on a temporary basis, and Mr. McCune be given thirty days to remove the trailer. Further discussion. Planning Director Post said whenever someone wants to open a business, staff issues a 30—day Temporary Occupancy Permit; when the thirty days is up, staff goes back and checks and if everything is being done correctly, a Permanent Occupancy Permit is issued. Motion carried by unanimous vote. Absent: VanDeventer. JOHN BALENTINE, 1616 Prospect, was present and spoke of the sewer damage to his home on August 29, saying his toilet and bathtub started overflowing at about 2:30 p.m.; he turned the water off, but it continued to overflow; he called the City and was advised to call a plumber; the plumber came out about two hours later and advised Mr. Balentine that he couldn't do anything; the plumber called the City, and about 1 1/2 hours later, the sewer crew came out and pumped out the sewer in the street, which stopped the overflow; the following morning someone from the City came out to take pictures and advised Mr. Balentine he could have the mess cleaned up and he could file a claim against the City; he had a difficult time finding someone to come out and clean up the mess; he was not advised he could stay in a motel overnight, so they stayed in their home; his wife is ill and Book 65/Page 116 2/5/85 the situation created a lot of problems; they put a blower in his home for ten days to dry it out, but the plaster in the walls is starting to crumble. Discussion. Mayor Morgan said staff needs to talk about this situation; this is happening in a lot of areas. Further discussion. Moved by Morgan, seconded by Cooper, Public Works and the City Manager get together and form a policy to take care of emergency situations of this kind. Further discussion. Carried by unanimous vote. Absent: Van Deventer. ADOPTION OF RESOLUTIONS Moved by Waters, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Absent: Van Deventer. Resolution No. 14,534, "RESOLUTION SETTING THE TIME AND PLACE FOR A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION TO CONSIDER A MINOR AMENMDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT (AMENDMENT II)." Moved by Cooper, seconded by Waters, Resolution No. 14,534 be adopted. Carried by unanimous vote. Absent: VanDeventer. Resolution No. 14,535, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE EQUIPMENT MAINTENANCE DIVISION." Moved by Dalla, seconded by Cooper, Resolution No. 14,535 be adopted. Discussion. Carried by unanimous vote. Absent: VanDeventer. Resolution No. 14,536, "RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT BETWEEN THE MAYTIME BAND REVIEW CORPORATION AND THE CITY OF NATIONAL CITY FOR ADVERTISING." Moved by Cooper, seconded by Dalla, Resolution No. 14,536 be adopted. Carried by unanimous vote. Absent: Van Deventer. Resolution No. 14,537, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO SIGN AN IMPROVEMENT AGREEMENT BETWEEN J. VERNON MYRES AND THE CITY OF NATIONAL CITY." Moved by Cooper, seconded by Dalla, Resolution No. 14,537 be adopted. Mayor Morgan said he asked the City Attorney for a report on this —whether they could do that; this has been in the General Plan; we set up public hearings and the public took a lot of interest, and this street was part of the General Plan; before the issue of closing this street came up, Council seemed to know where the building would intercept and how it would intercept; if this is so, he questions their action; this is serious business and he wishes he had gotten a report. Vice Mayor Waters said the majority of the Council voted to close this street; what we are talking about now is an improvement agreement. Councilman Dalla said he was not sure what the Mayor was asking; was he saying the Council knew something and acted improperly? Mayor Morgan said Council talked about how the building was set in there; they could build a building; this was discussed before the street was closed. Councilman Dalla asked the Mayor to be more :r there was something to indicate the Council has acted improperly. Vice Mayor Waters said he never talked to these people. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Absent: Van Deventer. Resolution No. 14,538, "RESOLUTION FOR THE PROTECTION OF CERTAIN DESIGNATED ROUTES TO ACCOMMODATE THE TRANSPORTATION OF OVERSIZED LOADS." Moved by Dalla, seconded by Waters, Resolution No. 14,538 be adopted. Carried by unanimous vote. Absent: VanDeventer. Resolution No. 14,539, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON." Moved by Waters, seconded by Cooper, Resolution No. 14,539 be adopted. Carried by unanimous vote. Absent: VanDeventer. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 30, dated January 22, 1985, in the amount of $154,468.05 (Warrants Nos. 86370 through 86453), CERTIFICATION of PAYROLL for the period ending January 15, 1985, in the amount of $272,939.41, and RATIFICATION of WARRANT REGISTER NO. 31, dated January 29, 1985, in the amount of $124,144.48 (Warrants Nos. 86454 through 86523) was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Absent: Van Deventer. Book 65/Page 117 2/5/85 CLAIMS FOR DAMAGES The City Clerk's report on Claims for Damages (When the City went self —insured on October 1, 1984, all Claims for Damages were referred to our Insurance Adjuster for determination of whether or not the Claims should go to Council for denial; the backlog has been released and nine Claims for Damages filed between November 21, 1984 and January 17, 1985 have been designated for Council action; the Claimants are: Patricia Allen, Wesley Allen Crain, Evelyn Caesar, Sondra De Carolis Molten, Charles Eugene Richards, Petra E. Barajas, Bruce E. Porteous, Harvey L. Jackson and Clarence Edwin Elkins; dates of alleged injury and dates of filing are contained in Exhibit 'A' attached) was presented. Moved by Waters, seconded by Dalla, these claims be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Van Deventer. WRITTEN COMMUNICATIONS The request of NATIONAL SCHOOL DISTRICT EDUCATIONAL FOUNDATION to serve ALCOHOLIC BEVERAGES in KIMBALL COMMUNITY BUILDING (The National School District Educational Foundation has reserved the Kimball Community Bldg. to hold an Art Auction on March 9, 1985, approximately 150 adults expected to attend; the Foundation is requesting Council authorization to serve alcoholic beverages in conjunction with their Art Auction; City Building Rental Policy requires the following be done when alcoholic beverages are served: 1. Applicant shall obtain a use permit from ABC, copy to be filed with Public Works prior to the event; 2. A Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences) naming the City as co—insured shall be submitted; 3. Security arrangements shall be approved by the Chief of Police; staff recommends approval subject to these three requirements) was presented. Moved by Cooper, seconded by Waters, in favor of this request. Carried by the following vote, to —wit: Ayes: Cooper, Waters. Nays: None. Abstaining: Dalla, Morgan. Absent: VanDeventer. (Councilman Dalla abstained as he is a member of this Foundation.) The request of the NATIONAL CITY CHAMBER OF COMMERCE for permission and the necessary license to conduct a COMMUNITY FAIR (The location they wish to use is approximately 3300 Highland Ave., west side, just north of the Dixieline Lumber Store, on property owned by CalTrans; CalTrans has given their permission; the proposed event will be held from March 1 through March 10, 1985 with Carnival Time Shows, Inc.) was presented. Moved by Waters, seconded by Cooper, in favor of this request. Carried by unanimous vote. Absent: VanDeventer. OTHER BUSINESS A letter from Attorney Michael T. Murphy WITHDRAWING the CLAIM FOR DAMAGES of CLARENCE EDWIN ELKINS was presented. Moved by Waters, seconded by Cooper, this be accepted and filed. Carried by unanimous vote. Absent: Van Deventer. PLANNING COM MISSION — NOTICES OF DECISION Planning Commission Resolution No. 6-85 APPROVING an APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES as an incidental use to a bona fide public eating place at 916 E. 8th St., Suites 1 and 2; Applicant: Jose Ang, Jr. (The proposed CUP is for the sale of beer and wine as an incidental use to a restaurant, Type 41 Liquor License which authorizes the sale of beer and wine for consumption on the premises, in conjunction with a restaurant, plus the sale of beer and wine for consumption off the premises; staff concurs with the Planning Com mission's approval) was presented. Moved by Waters, seconded by Cooper, in favor of staff's recommendation. Discussion. Moved by Dalla, seconded by Waters, the motion be amended, and this matter be set for public hearing. Amendment carried by unanimous vote. Absent: VanDeventer. Planning Commission Resolution No. 2-85 DENYING an APPLICATION for CONDITIONAL USE PERMIT to ADD the SALE of DISTILLED SPIRITS as an incidental use to an existing convenience market which presently sells beer and wine at 2540 E. 18th St.; Applicant: Sabah T. Mansour; CUP-1984-31 was presented. The City Clerk reported an appeal has been filed and this matter has been set for public hearing on February 12. Planning Commission Resolution No. 5-85 APPROVING an APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES as Book 65/Page 118 2/5/85 an incidental use in conjunction with a bona fide public eating place at 1231 Highland Ave.; Applicant: Hsu Lan Chou; Case File No. CUP-1984-34 (The proposed CUP is for the sale of beer and wine as an accessory/incidental use to a Chinese Restaurant; these premises were last licensed to sell beer and wine in conjunction with an Oriental restaurant in 1983; applicant is requesting a Type 41 Liquor License which authorizes the sale of beer and wine for consumption on the premises in conjunction with a bona fide public eating place, plus the sale of beer and wine for comsumption off the premises where sold; staff concurs with the Planning Com mission's approval) was presented. Moved by Dalla, seconded by Waters, this be set for public hearing. Carried by the following vote, to -wit: Ayes: Cooper, Dalla, Waters. Nays: None. Abstaining: Morgan. Absent: Van Deventer. Planning Commission Resolution No. 3-85, DENYING APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES for consumption off the premises where sold in conjunction with a convenience store at 1438 E. Plaza Blvd.; Applicant: !mad S. Jabro; Case File No. CUP-1984-32 (...involves the proposed sale of beer, wine and distilled spirits as an accessory/incidental use to a convenience market; the name of the business as stated on the application to ABC is "Plaza Liquor"; this name would seem to imply that the sale of alcoholic beverages will be the primary use and not an incidental use as stated on the application for CUP; proposed site is a suite located within the north easterly portion of the Plaza Square Shopping Center at the NE corner of 'N' Ave. and Plaza Blvd.; the suite is 18' x 66'; there are presently seven off -sale liquor licenses within 1,500' of these premises; staff experience has shown that small convenience markets that sell alcoholic beverages as an incidental use tend to over -emphasize the sale of liquor to apparently make up for the limited sale of convenience food items; the Police Dept. has expressed concern over the location of this proposed store because its location within the shopping center does not make it easily accessible for routine patrol due to its setback from Plaza Blvd.; the Police Dept. has advised the Planning Commission that these types of convenience stores with liquor available tend to generate more calls for service than the average business; based on these concerns, as well as the effect the use would have on adjacent properties, the Planning Com mission voted to deny the proposed CUP; staff concurs with the Planning Com mission's recommendation) was presented. Moved by Dalla, seconded by Cooper, this be approved. Discussion. Carried by unanimous vote. Absent: VanDeventer. Planning Commission Resolution No. 1-85, APPROVING CONDITIONAL USE PERMIT to ALLOW a SMALL BOAT REPAIR FACILITY at 1204 W. 32nd St.; Applicant: Bay City Marine; Case File No. CUP-1984-30 was presented. The City Clerk reported an appeal on some of the conditions has been received and the matter set for public hearing on February 26. Planning Commission Resolution No. 4-85 DENYING APPLICATION for CONDITIONAL USE PERMIT to ALLOW a COCKTAIL LOUNGE as an accessory/incidental use to a motel at 1645 Plaza Blvd.; Applicant: Walter Pabst; Case File No. CUP-1984-33 was presented. The City Clerk reported an appeal has been received and the matter set for public hearing on February 26. Planning Commission Resolution No. 8-85 APPROVING ZONE VARIANCE to ALLOW INSTALLATION of TWO PAINTED WALL SIGNS ON BUILDING WALLS THAT DO NOT FACE A STREET at 430 W. 30th St.; Applicant: Art L. Flaming; Case File No. Z-10-84 (The City's Land Use Code states that signs may only be placed on building walls that face a street; the applicant, National City Self Storage, is requesting a variance from these regulations to allow two painted, multi -copy, identification wall signs on two walls of a building that have no street frontage; the building is located about two blocks west of Hoover Ave. at the west end of 30th St., a dead-end, cul-de-sac street; the proposed signs would be viewed from Freeway 1-5 and the proposed Highway 54; until recently, this building was owned and used by Burnett's Furniture as a warehouse and had identification signs painted on the building walls at the locations proposed in the subject variance; the Burnett signs were lawful non -conforming and by code had to be removed or made conforming at the time of the change in ownership; applicant stated that the only street frontage available is on a dead-end street with no through traffic to view the building; the building, because of its location, cannot be readily seen from any City street within the immediate vicinity; applicant further states that a sign on the freeway side is necessary to provide adequate identification for business Book 65/Page 119 2/5/85 purposes; several buildings within the E.J. Christman Business and Industrial Park have signs painted on walls facing Freeway 1-5 that appear about the same size as the one the applicant is proposing; these signs are all principal identification signs which means that they state only the name of the business and the principal product; if the applicant were to delete the phone number from his proposed signs they would also be classified as principal identification signs; Mr. Flaming appeared at the Public Hearing and requested that the Planning Commission approve the zone variance without the staff recom mended condition to delete the phone number; the Planning Com mission approved the zone variance subject to the phone number being deleted from the sign; staff concurs with the Planning Com mission's approval) was presented. Moved by Cooper, seconded by Dalla, this be approved. Discussion. Planning Director Post said there are numerous buildings along 1-5 that have signs painted on the bulding facing the freeway; the law says a variance can be issued when surrounding properties are enjoying the same privileges. Further discussion. Motion carried by unanimous vote. Absent: VanDeventer. Planning Commission Resolution No. 7-85 APPROVING APPLICATION for PLANNED DEVELOPMENT PERMIT to ALLOW EXPANSION OF EXISTING FACILITIES and CONSTRUCTION OF A PARKING LOT ON THE ADJOINING PARCEL in conjunction with the existing Mc Donald's Restaurant at 2140 Plaza Blvd.; Applicant: Tom Swana; Case File No. PD-10-84 (In March, 1983, Planned Development Permit No. PD-1-82 was approved to allow development of the existing Mc Donald's Restaurant at this location; recently the McDonald's Corp. acquired the adjoining parcel to the west; this parcel is vacant and unimproved, and contains a land area of 25,160 sq. ft.; the only access available is through McDonald's parking lot; the McDonald's Corp. proposes to develop this parcel for additional parking; at the same time, they propose to enlarge the existing restaurant building by increasing the building width by 12' and length by 8', and enhance the aesthetics of the building exterior on two sides by the extensive use of glass and landscape; this addition will add 1,156 sq. ft. of floor area to the building and provide space for an additional 45 seats; a playland is also proposed to be constructed adjacent to the west side of the building; this playland will measure 20' in width by 40' in length and will be enclosed within a decorative masonry and wrought iron enclosure surrounded on three sides by landscape; proposed parking facility will provide an additional twenty—nine off—street parking spaces plus four recreational vehicle spaces; a minimum of forty—four spaces are required by Code; this additional parking should alleviate existing parking problems; the parking facility and playland area will be screened from 14th St. by continuing the decorative block wall and landscaped setback existing on 14th St. adjacent to the restaurant site, 95' to the west; the City will soon install a traffic signal at the intersection of Plaza Blvd. and Grove St., funded by contributions from the various developments occurring in the area; the City Engineer is recommending that Mc Donald's be required to contribute 30% of this cost; the existing freeway oriented, free—standing, pole — mounted sign structure at the SE corner of the project site was designed to accommodate two separate signs; the Mc Donald's sign is installed utilizing only one side of this structure and appears awkward when viewed from the freeway or adjacent streets; this sign and/or pole structure should be modified to present a more integrally designed appearance; staff has suggested a condition of approval to require this; Combined Zoning and General Plan designation of this property is Commercial, General —Planned Development; staff concurs with the Planning Com mission's approval) was presented. Moved by Waters, seconded by Cooper, this be approved. Discussion. Carried by unanimous vote. Absent: VanDeventer. The Fire Department's request for approval of PUBLIC FIRECRACKERS DISPLAY FOR RELIGIOUS CEREMONY (San Diego Fireworks, on behalf of the Chinese Consolidated Benevolent Assoc., has submitted application for permit to have a public firecrackers display for a religious ceremony at the Royal Mandarin Restaurant, 1132 E. Plaza Blvd. on March 9, 1985 from 2:00 p.m. to 7:00 p.m.; staff recommends approval) was presented. Moved by Waters, seconded by Cooper, in favor of this request. Discussion. Carried by unanimous vote. Absent: Van De venter. The City Engineer's request for approval of FINAL BALANCING CHANGE ORDER, 1911 ACT, 22ND STREET, PROSPECT TO EUCLID (The changes were necessary as a safety measure to correct an adverse grade condition at 22nd St. and Prospect St.; staff recommends approval) was presented. Moved by Waters, seconded by Dalla, in favor of this request. Carried by unanimous vote. Absent: Van Deventer. Book 65/Page 120 2/5/85 The City Engineer's report on DENIAL of DEFERRAL of SIDEWALK CONSTRUCTION at 430 W. 30th St. (The matter of Resolution No. 14,528 has been reviewed and the following determined: a fence at 430 W. 30th St. is constructed in City right—of—way and should be removed; no permit was issued for this work and as far as it can be determined, the fencing contractor did not obtain a National City Business License; this fence had not been constructed shortly before the Council meeting of January 8, 1985; therefore, the work was done some time between that date and the meeting of January 22, 1985; other properties in the cul—de—sac area are developable, including the 60' wide strip owned by San Diego and Arizona Eastern Railroad; since we will require sidewalk construction as a condition of approval of any substantial construction permit on those properties, it seems advisable to have the work at 430 W. 30th done now instead of trying to get it done several years hence; it is noted that the property opposite 430 W. 30th also has fencing within the public right—of—way and is in violation of any Ordinance requiring surfaced parking lots; staff recommends the denial in Resolution No. 14,528 be sustained) was presented. Moved by Cooper, this denial be affirmed. ART FLAMING (owner) was present and said he is requesting reconsideration of the denial because they are at the end of the street; they are cleaning up the area; they have watched the street and the public does not use it; it is basically vehicle traffic from the Mile of Cars (testing) or vehicles that have missed the freeway turnoff; they are improving the area and it is benefitting the citizens and the City; he cannot see putting money into a sidewalk that will not be used at this time; he has signed a Covenant Running With the Land; there are a lot of uncertainties in that area; they would like to landscape the area to the north; he would like to put in a fence because people use that area to dump their trash; he realizes he put his fence in incorrectly, but the trucking company across the street put in a fence, and he followed suit; he will be moving their fence back out of the right—of—way. Councilman Cooper inquired if the fencing contractor had obtained a Business License; Mr. Flaming should be aware that it was necessary. Councilman Cooper said he would like to amend his motion and require Mr. Flaming to remove his fence from City property. Councilman Cooper continued, there are a couple pieces of property on that cul—de—sac that could be developed; without the sidewalk they would have to walk in the street. Mr. Flaming said he would file an Instrument of Credit for the sidewalk. Discussion. Mr. Flaming continued, he would rather put the money into other things at this time. Interim City Attorney Tobin said no action is required at this time; if there is a motion to reconsider, it would have to be made by someone who voted in favor of the original motion. Moved by Morgan Resolution No. 14,528 be rescinded. Motion died for lack of second. Moved by Waters, this matter be filed. Councilman Dalla said the area that has sidewalks is very attractive; we require other people to have sidewalks; if no one uses the sidewalk, it's because there is no sidewalk to use; a sidewalk is a permanent public improvement. Mr. Fleming continued, he is just asking for some time to put it in, at least a year. Further discussion. Mr. Flaming continued, in one year he will have that area improved to the point that the City will be very proud of it; he is just asking for some time because half of his building is vacant. Further discussion. No action was taken. (Denial sustained.) The recommendation of the STREET TREE AND PARKWAY COMMITTEE the street tree (palm) at 1419 Coolidge Ave. which is overgrown and interferes with electric tines be referred to SDG&E; no replacement due to adequate number of trees in the parkway was presented. Moved by Cooper, seconded by Dalla, in favor of the Street Tree and Parkway Committee's recommendation. Carried by unanimous vote. Absent: VanDeventer. The City Manager's report on COMPLAINT CONCERNING PARKING OF INOPERATIVE VEHICLES IN FRONT OF MOYNAHAN'S TOWING COMPANY (On January 8, Mr. S. A. King appeared at Council and spoke of inoperative vehicles being parked on National City Blvd. in front of Moynahan's; Council directed staff to bring back a report; at the time of the complaint, several violations were evident including wrecked vehicles parked on the street, impounded vehicles parked on the street, vehicles parked in an unfenced portion of CalTrans right—of—way and four tow trucks parked in the street; staff has contacted Moynahan's and requested that these problems be corrected; a reinspection of the premises on January 22 showed that all wrecked and/or impounded vehicles had been removed from the street; no vehicles were observed parked within the CalTrans right—of—way; three of the four tow trucks had been removed from the street; at this point, it appears that the complaint regarding inoperative vehicles parked on National City Blvd. has Book 65/Page 121 2/5/85 been substantially corrected; staff's experience with this type of facility, however, has shown that conditions can change quickly; while staff has been conducting annual inspections of the facility as called for in the contract with Moynahan's, it appears necessary to increase the frequency of inspections to ensure that compliance with City codes is maintained; this will be done; in August, 1971, Council approved a CUP for auto towing, storage and repair at this location; like any other CUP, if violations persist, Council can direct that a public hearing be held to review the permit) was presented. Moved by Cooper, seconded by Waters, this be filed. Discussion. Carried by unanimous vote. Absent: VanDeventer. CITY MANAGER City Manager McCabe suggested that Council continue this meeting to 1:00 p.m., Monday, February 11, to conduct a workshop with staff and consultant who will be ready with the space study, and to consider CIP Project Status. CITY ATTORNEY Interim City Attorney Tobin said he understood there are personnel matters to discuss and suggested an Executive Session on completion of the agenda. MAYOR Mayor Morgan spoke of driveways at 327 W. 11th St., saying they have built two garages with two doors right on the property line; they pull their cars up across the sidewalk and use the street for their business; the Planning Dept. should look into this. Mayor Morgan continued, on Harding and Civic Center Dr., he voted for two wide driveways; if they are going to use the street and sidewalk to do their business, they should come before Council. Moved by Morgan, seconded by Cooper, the Planning Director be directed to bring back a report on what type of building is going on at Harding and Civic Center Dr. and also look at the one at 327 W. 11th. Discussion. Carried by unanimous vote. Absent: VanDeventer. CITY COUNCIL Councilman Cooper spoke of the LAFCO meeting yesterday, saying the Mayor of Chula Vista insisted that LAFCO make the boundary between National City and Chula Vista Highway 54; Planning Director Post gave a good report and told them that the decision of the City Council was to leave the boundary as is, but the said they would set the boundary at Rte. 54 and we could decide with Chula Vista what we wanted to do with that property. Moved by Morgan, seconded by Waters, the Mayor be authorized to write a letter to the Mayor of Chula Vista and inform him that National City will never de —annex any land to Chula Vista. Discussion. Carried by unanimous vote. Absent: VanDeventer. Interim City Attorney Tobin said LAFCO is designed to try and get cities from time to time to do things according to what is in the best interests of the area, as opposed to what in each individual city's opinion is in their own best interests. Further discussion. Councilman Dalla said earlier in the meeting, the Mayor raised some strong implications about the way Council conducted themselves on the street closing, and this should not be left unresolved. Moved by Dalla, seconded by Cooper, the City Attorney consult with the Mayor and gather whatever information he (Mayor) may have, review the procedure Council followed, and report back in a couple weeks to the effect that Council did or did not act in an improper and illegal fashion. Mayor Morgan said he asked for a report and he did not get it; he doesn't think you have to force attorneys to give you a report; he is not in favor of voting to force the City Attorney to give a report; he works for the City and that is enough; he should not be forced into something; Council is dictating to him to give a report; if that's what it takes to get a report from any of the staff; Council is out of line. Discussion. Councilman Dalla said he wouldn't have made the motion, but the Mayor seemed to think he had asked the attorney for a report; he couldn't tell what he (Mayor) asked for; this is a way of clarifying the matter. Mayor Morgan said he has asked for reports from different staff members and in many cases he doesn't get anything back; is it discussed behind the line that they're not supposed to give him a report? Councilman Daila said he had not heard that. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Absent: VanDeventer. Mayor Morgan called an Executive Session for Personnel Matters at 5:33 p.m. Council reconvened at 6:08 p.m. Book 65/Page 122 2/5/85 ROLL CALL Council members present: Cooper, Dalla, Waters, Morgan. Absent: VanDeventer. ADJOURNMENT Moved by Waters, seconded by Cooper, the meeting be adjourned to 1:00 p.m., Monday, February 11, 1985. Carried by unanimous vote. Absent: VanDeventer. The meeting closed at 6:09 p.m. CL / CITY CLERK The foregoing minutes were approved at the regular meeting of February 12, 1985. Corrections No corrections CITY OF NATIONAL CITY, CALIFORNIA • Book 65/Page 123 EXHIBIT "A" C Claims for Damages filed with the City Clerk between 21 Nov 84 and 17 Jan 85 CLAIMANT DATE OF OCCURENCE DATE FILED Patricia Allen Wesley Allen Crain Evelyn Caesar Sondra DeCarolis Mollen Charles Eugene Richards Petra E. Barajas Bruce E. Porteous Harvey L. Jackson Clarence Edwin Elkins 10 Nov 84 9 Nov 84 7 Dec 84 23 Sep 84 27 Dec 84 10 Nov 84 9 Jan 85 3 Oct 84 10 Oct 84 21 Nov 84 29 Nov 84 20 Dec 84 31 Dec 84 31 Dec 84 8 Jan 85 9 Jan 85 11 Jan 85 17 Jan 85