HomeMy WebLinkAbout1985 05-07 CC MINBook 65/Page 199
5/7/85
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
May 7, 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, VanDeventer, Waters, Morgan. Absent:
None. Administrative officials present: Bolint, Cam pbell, Eiser, Mc Cabe, Post,
Stafford.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager McCabe,
followed with invocation by Dr. Charles Molnar, First Baptist Church.
APPROVAL OF MINUTES
Moved by VanDeventer, seconded by Cooper, the minutes of the adjourned meeting of
April 9 (held April 16) and the regular meeting of April 16, 1985 be approved and the
minutes of the regular meeting of April 23, 1985 be deferred to May 14. Carried by
unanimous vote.
PUBLIC ORAL COMMUNICATIONS
CHARLES HOLM ES, Stanford Sign Company, was present to ask for a change from
Council's decision of April 23 relative to the lighted signs at the QUALITY INN. Mr.
Holmes suggested the sign on the east end of the building be raised to the roof
tower where it could be seen from Plaza •Boulevard but could not be seen by the
neighbors... Planning Director Post recommended the conditions of the Planning
Commission resolution stand. Moved by VanDeventer, seconded by Cooper, the change
be approved subject to the conditions. Councilman Waters said the main concern is
how long the sign is on; and asked if it would go off automatically at ten? Mr.
Holmes said there would be no objection to that. Motion carried, by the following
vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining:
Morgan (because of the proximity to Jim my's.)
Ron Temko, John Burnham Co., was present to speak about the property on the north
side of Plaza Boulevard across from the new development at Grove. Mr.Temko was
advised this would be considered under item 13 on the agenda.
PUBLIC HEARING
The PUBLIC HEA RING on AP PEAL of the Planning Com mission's DENIAL of the
application for CONDITIONAL USE PERMIT to allow the operation of a PAWN SHOP
at 139 East Eighth Street, applicant: David Simon, CUP-1985-2, was held at this
time. (...applicant proposes to establish a pawn shop business at the NW corner of
Eighth Street and "B" Avenue; this particular space was used for a pawn shop
business about two —years ago; the most recent use was for a Mexican restaurant;
there is an existing pawn shop located one door to the west; a second pawn shop is
located 950' away at the nw corner of Ninth Street and National City Boulevard; the
Police Department commented on this application that it is their position that a pawn
shop at this location would not be essential or desirable to the public convenience or
welfare; Simon's Pawn Brokers has had no problem with the Police Departm ent in the
past. If City Council takes action to approve this application, it is recommended
that they (1) Certify that any project impacts are found not to be significant, an
environmental impact report is not required, and a negative declaration be issued May
8, 1985; and (2) seven recom mended findings be made. Planning Com mission denied
this application by unanimous vote and staff concurs with the Planning Commission's
denial.) The City Clerk reported the affidavit of mailing and certificate of
publication were on file. PEGGY JCHNSON, 1045 "B" Avenue was present and
protested the approval of the application. DAVID SIM ON, applicant, was present and
said he was trying to get a business license; he had a petition in favor of the pawn
shop signed by many people, business people in the area and others. In answer to a
question from Council, Mr. Simon said he would be handling the sale of jewelry in
addition to the regular operations of a pawn shop which would include some jewelry.
Mr. Simon said they had been there many years; for reasons of health he quit the
business a couple of years ago; now he is ready to start again and he didn't see what
the big deal was; it would be a nice looking place; he had not seen the list of
requirem ents, but he would do whatever is required. Planning Director Post said the
applicant was furnished a list of requirements; normally an applicant takes no action
until a CUP is granted. Councilman Cooper said he would like Mr. Simon to
Book 65/Page 200
5/7/85
convince him of the need for another pawn shop. Vice Mayor VanDeventer said he
remembered the problems with the Vogels and asked if there could be an eighth
condition (finding), that If there was any illegal activity, the CUP would be revoked?
Councilman Dalla said he was .-c-oncerned with the use, if Mr. Simon were to sell the
business, or a portion of the business, could the C U P be revoked? Capt. Milkie,
NCPD, was present and said the Police Department would require that if the business
were sold, the new owner would have to apply for a CUP. Moved by VanDeventer,
seconded by Waters, that if the CUP is approved, there be added Condition (Finding)
No. 8 providing for revocation of the CUP if illegal business is conducted or if the
business, or any part of the business, is sold at any tim e (am ended motion). City
Attorney Eiser said It could be handled with a date: "CUP will expire date ;"
the successor property owner would have no vested right. Motion carried by
unanimous vote. Moved by Cooper, seconded by Waters, the public hearing be closed
and the C UP be granted subject to the eight conditions and stipulations of staff.
Councilman Dalla commented that no one made a showing of any kind that this use
is deemed essential and desirable to the public convenience and welfare, etc. Motion
carried, by the following vote, to -wit: Ayes: Cooper, VanDeventer, Waters, Morgan.
Nays: Dalla.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 14,611 through 14,619)
Mayor Morgan requested Resolutions Nos. 14,612, 14,614 and 14,617 be considered
separately. City Attorney Eiser said he would like to address Resolutions Nos. 14,616
and 14,617. Mayor Morgan requested Res. No. 14,616 be on the Agenda of May 14.
Moved by Morgan, seconded by Waters, Resolution No. 14,616 be on the Agenda for
next week. Carried by unanimous vote. Moved by VanDeventer, seconded by Cooper,
to approve the rest of the consent resolutions. (Resolutions Nos. 14,611, 14,613,
14,615, 14,618 and 14,619) Carried by unanimous vote.
Resolution No. 14,611, "RESOLUTION AUTHORIZING SUBMISSION OF NATIONAL
CITY'S TDA CLAIM AMENDMENT FOR FISCAL YEAR 1985." See Consent
Resolutions above.
Resolution No. 14,612, "RESOLUTION AUTHORIZING RETENTION OF CARL
WARREN & COMPANY TO PROVIDE LIABILITY CLAIMS ADMINISTRATION AND
ADJUSTING SERVICES." Moved by VanDeventer, seconded by Cooper, Resolution No.
14,612 be adopted. Carried, by the following vote, to -wit: Ayes: Cooper, Dalla,
VanDeventer, Waters. Nays: Morgan.
Resolution No. 14,613, "RESOLUTION AUTHORIZING EXECUTION OF CLAIMS,
AGREEMENTS AND APPLICATIONNS NECESSARY FOR THE RECEIPT OF
TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FY_1986." See Consent
Resolutions above.
Resolution No. 14,614, "RESOLUTION ACCEPTING THE LOW BID OF THE JOHN C.
HENBERGER COMPANY AND AUTHORIZING AWARD OF BID NUMBER GS8485-16
(CIP1211)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,614 be
adopted. Mayor Morgan recommended nothing be purchased where only one bid is
secured. Purchasing Agent Regalado said this item has to be compatible with what
the Engineering Department has; Henberger is the only company in Southern
California that handles this item. Councilman Cooper said he would recommend to
the City Manager that a single source company has only one price; we need
competition. Motion carried, by the following vote, to -wit: Dalla, VanDeventer,
Waters. Nays: Cooper, Morgan.
Resolution No. 14,615, "RESOLUTION REQUESTING DEFERRAL OF STREET
IMPROVEMENT AT 2319 RIDGEWAY (Samudio)." See Consent Resolutions above.
Resolution No. 14,616, "RESOLUTION FOR (a) ADOPTING ALIGNMENT FOR STORM
DRAIN TRUNK LINE IN NATIONAL CITY BOULEVARD AND (b) COMMITTMENT OF
FUNDS FOR INCREMENTAL COST OF CHANNEL PROJECT SIDE DRAIN."
(Deferred - See Consent Resolutions above.)
Resolution No. 14,617, "RESOLUTION APPROVING AN AMENDMENT TO THE
NATIONAL CITY GENERAL PLAN." Moved by VanDeventer, seconded by Dalia,
Resolution No. 14,617 be adopted. Carried, by the following vote, to -wit: Ayes:
Cooper, Dalia, Van Deventer. Nays: Waters, Morgan.
Resolution No. 14,618, "RESOLUTION AWARDING CONTRACT TO ERRECA'S, INC.
FOR DEMOLITION AND SITE CLEARANCE, 2502 & 2534 E. 13 STREET, SPEC. NO.
968." See Consent Resolutions above.
Book 65/Page 201
5/7/85
Resolution No. 14,619, "RESOLUTION AWARDING A CONTRACT FOR
RECONSTRUCTION OF INTERSECTION AT HIGHLAND AVENUE AND 30TH STREET,
SPEC. No. 969." See Consent Resolutions above.
ORDINANCES FOR INTRODUCTION (FIRST READING)
"Ordinance to add Section 1.04.041 to the Municipal Code, pertaining to interpretation
of the words "must" and "shall."
"Ordinance rezoning properties in the City of National City (GP-3-85, ZC-1-85, AN-1-
85 and ZC-2-85)."
"Ordinance amending Title 18 (Zoning) of the National City Municipal Code to
establish requirements for fast food restaurants, Case File No. A-1-85."
RON TEMKO, John Burnham Company, was present and said he represented the owner
of the land on the north side of East Plaza Boulevard across from Grove Plaza,the
highest and best use of the property would be for fast foods but it would be within
300' of residential which would not be allowed under this ordinance; problems
generally associated with fast food restaurants are rubbish, lights, and people hanging
around, but there are ways of handling this; it comes down to which property will
suffer, the residential or the commercial; and part of the problem is that people buy
residential property next to commercial. Vice Mayor VanDeventer said the ordinance
would not keep the owner from having a restaurant such as Big Boy, Jimmy's, etc.
Councilman 'Dana said Mr. Temko's point that the residential property owners bought
their property adjacent to com mercial property is not true; the residential property
owners were there before the parcel on Plaza Boulevard was designated commercial.
ART TRAINER (?), of Weinerschnitzel, was present and presented the results of
studies made that point up the fact that this is an ideal location for a fast food
restaurant, spoke of the benefits to the City if fast food were allowed at this
location and requested the ordinance not be adopted..
ORDINANCES FOR ADOPTION
Moved by VanDeventer,seconded by Waters, the Ordinances be presented by title only.
Carried by unanimous vote.
Ordinance No. 1853, "AN ORDINANCE OF THE CITY OF NATIONAL CITY
AMENDING ORDINANCE 1621 AND CHAPTER 1.20 OF THE NATIONAL CITY
MUNICIPAL CODE TO INCREASE PENALTIES FOR VIOLATION OF SAID CODE."
Moved by Cooper, seconded by VanDeventer, Ordinance No. 1853 be adopted.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters.
Nays: Morgan.
Ordinance No. , "an Ordinance amending Ordinance 1795 and section 11.16.010
(speed zones designated) of the National City Municipal Code establishing speed zones
on various city streets," was not presented as it was listed on the agenda in error (It
is being published in summary form and may not be voted on until May 14.)
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 43,
dated 4/23/85, in the amount of $391,263.91 (Warrants Nos. 87498 through 87577) and
PAYROLL for the period ending 4/15/85, in the amount of $282,871.57 was presented.
Moved by Waters, seconded by VanDeventer, the bills be paid and warrants drawn .
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters.
Nays: Morgan.
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 44,
dated 4/30/85, in the amount of $176,942.31 (Warrants Nos. 87578 through 87645) was
presented. Moved by Waters, seconded by Van Deventer, the bills be paid and
warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalia,
Van Deventer, Waters. Nays: Morgan.
CLAIM FOR DAMAGES AGAINST THE CITY
The Claim for Damages of GENOVEVA VARGAS, herself, and on behalf of her minor
child, ALBERTO ESTRADA VARGAS was presented. Moved by Dalla, seconded by
Van Deventer, the Claim be denied and referred to the City Attorney. Carried by
unanimous vote.
NEV/ BUSINESS (Cont")
The recommendations of the Street Tree Committee (from their meeting of April 18:
Book 65/Page 202
5/7/85
the following tree removals be approved — 704-710 "G" Avenue, street pepper tree
due to plumbing problems, upon paym ent of $30.00 for two street replacements;
506, 508, and 512 W. 17 Street; two pepper trees due to roots cracking the curb upon
payment of $30.00 toward two replacements; 3242 Stockman Street, overgrown street
tree with no replacement due to narrow parkway; and 1824 "B" Avenue, two street
trees raising the sidewalk upon payment of $30.00 towards two street tree
replacements; and Public Works to be notified for sidewalk and curb repair; Park
Division Staff recommends ratification of these recommendations) were presented.
Moved by Waters, seconded by Cooper, in favor of the recommendations. Carried by
unanimous vote.
COX CABLE'S notification of RATE ADJUSTMENT (INCREASE) as of June 1, 1985
(...cable television operators...may unilaterally exempt themselves from the rate
regulation authority of local agencies...April 24, 1985 letter from Cox Cable providing
an update on various programs and services and notifying the City of a rate
adjustment...similar information has reportedly been sent to all current subscribers...an
increase in monthly rates for basic services from $11.78 to $14.95 per month, an
increase of ;3.17 or approximately 27%...Cox is proposing the various listed
adjustments uniformly throughout all of its San Diego County franchise areas...) was
presented. Moved by VanDeventer, seconded by Cooper, against this 27% increase.
Carried by unanimous vote. (During "Other Staff" later in the m eeting, Asst. City
Manager Bolint suggested a letter be sent to Cox Cable reflecting Councit's opposition
to this increase, letters stating Council's action be sent to all cities in the County
and to our legislators. Moved by VanDeventer, seconded by Dalla, the Assistant City
Manager's suggestion be approved and implemented. Carried by unanimous vote.)
WRITTEN COMMUNICATIONS
A letter from MAYOR GREGORY R. .COX, Chula Vista, to Mayor Morgan re the
proposed SECOND ENTRANCE to SAN DIEGO HARBOR (:..For the next fiscal year,
we have directed staff to include for our budget consideration $25,000 for the sole
purpose of enlisting and ultimate approval of the second harbor entrance. The funds
will be used for lobbying, public support, informational displays and other studies.
Since this is the "budget season" I would like to ask you and the members of your
council to likewise include funds for this purpose...) was presented. Moved by
Van Deventer, seconded by Dalla, this be referred to the Budget Committee. Carried
by unanimous vote.
A letter from RICHARD CARRILLO, N. C. Pony Treasurer, NATIONAL CITY PONY
LEAGUE, requesting a donation of $250 to assist in hosting the 1985 Pony League
All —Star Zone Tournament, Kimball Park, August 8-12, 1985 was presented. Moved by
Waters, seconded by VanDeventer, in favor of the $250 donation from the FY85-86
budget. Carried by unanimous vote.
A letter from TOM PARADOWSKI, Head Swimming Coach, SWEETWATER UNION
HIGH SCHOOL DISTRICT, requesting a $250 donation to help support the only high
school swim team was presented. Moved by Waters, seconded by Cooper, in favor of
the $250 donation from the FY84-85 budget. Carried by unanimous vote.
A fetter from AFTON MOORE, Poppy Chmn., AMERICAN LEGION AUXILIARY, Unit
255, requesting permission to sell artificial POPPIES in the City on May 10 and 11,
1985, was presented. Moved by Waters, seconded by Dalla, in favor of the request.
Carried by unanimous vote.
A letter from RON SCHRADER, 1985 SUHI Alumni Ways and Means Chairman,
requesting a $250 donation for the SWEETWATER HIG H SCHOOL REUNION AN D
SCHOLARSHIP FUND was presented. Moved by Van Deventer, seconded by Dalla, in
favor of the request. Carried by unanimous vote.
A letter from PATRICIA ANN AKIYAMA, President, NATIONAL CITY SWIM CLUB,
requesting permission to build an enclosed team room at the Las Palmas Pool in
accordance with Uniform Building Codes and City requirem ents and built with the
help of Navy Seabees (to be used for swimmers doing exercises indoors and to store
equipment, trailer, trophies and meetings of NCSC Parent Boosters and swim mers)
was presented. TOM PARADOWSKI, head swim coach, was present and said what
they want is approval to build before going to the tim e and expense of design, etc.
Moved by Van Deventer, seconded by Cooper, this be approved in concept. Discussion.
Mr. Paradowski was reminded that although the pool is open all year at present, this
may not always be the case. Carried by unanimous vote.
A letter from DICK MURPHY, Chairman, METROPOLITAN TRANSIT DEVELOPMENT
BOARD, and member of the San Diego City Council, stating that on July 1, 1985,
Book 65/Page 203
5/7/85
MTDB is scheduled to acquire the assets of San Diego Transit Corporation from the
City of San Diego and that coincident with the acquisition on that date will be
expansion of the MTDB Board of Directors size to include representation from the
National City City Council,• and asking a representative be appointed was presented.
Moved by VanDeventer, seconded by Waters, Mr. Cooper be appointed. Carried, by
the following vote, to -wit: Ayes: Dalia, Van Deventer, Waters, Morgan. Nays:
None. Abstaining: Cooper.
CITY MANAGER - No report.
CITY ATTORNEY
City Attorney Eiser reported he had just returned from a League of California Cities'
Legal Conference; the conference was very beneficial.
OTHER STAFF
The City Clerk requested four reports on opening of sealed bids (RECONSTRUCTION
OF INTERSECTION AT HIGHLAND AVENUE AND 30TH STREET, Spec. No. 969, five
bids received: Asphalt, Inc. - $199,000.00; ABC Construction Co., Inc. - $176,065.80;
Addax Construction Co. - $185,741.22; T. B. Penick & Sons, Inc. - $190,128.80;
Reynolds Construction, Inc. $232,974.00. DEMOLITION & SITE CLEARANCE at
2502 and 2524 East 13 Street, Spec. No. 968, four bids received: Marine Contractors,
Inc. - $9,400.00; Mark McDowell Corp. - %5,895.00; C. W. McGrath - $6,787.00; and
Erreca's, Inc. - $3,407.00. KIMBALL PARK CHANNEL CONCRETE AND GRASS
LINED COMBINATION, two bids received: Fritz A. Nachant, Inc. - $231,173.39;
T. B. Penick & Sons, Inc. - $220,298.00. FIG COURT REPLACEMENT SEWER, Spec.
No. 959, two bids received: MAEAK Corp,dba Horizons Construction - $52,049.00;
and Virgil Woolard and R. G. Butterfield, a Joint Venture - $67,603.00) previously
distributed to Council be filed. Moved by Dalla, seconded by VanDeventer, they be
filed. Carried by unanimous vote.
MAYOR
Mayor Morgan said he was told by a high state authority to move on getting a
MARINA in the "OPEN SPACE" area of Paradise Marsh near Rte. 54; and asked the
Planning Director to work on it, saying unless you work for something, you are not
going to get it.
Mayor Morgan said he would like a transcript of the Civil Service Commission hearing
on Donnelly. Moved by Morgan, staff be authorized to get us a transcript of the
Donnelly Hearing. Carried, by the following vote, to -wit: Ayes: VanDeventer,
Waters, Morgan. Nays: Cooper, Dalla.
Councilman Dalla referred to the COVENANT RUNNING WITH THE LAND which was
part of Resolution No. 14,615 above, saying there are not going to be many 1911 Act
Improvements in the future, and asking if there were some other way of attaining the
improvements.
Councilman Dalla referred to the Dinner for Board/Commission/Committee members
to be held Thursday evening, saying 'we have excluded the City staff and department
heads and he thought it would be appropriate to have those people there. Vice
Mayor Van Deventer said he thought it should be only the department heads who work
with the Boards/Commissions/Committees. Councilman Waters said he asked the City
Manager only. Consensus that department heads only for each division be invited.
Councilman Waters asked the City Manager to help pick out the departm ent heads to
be invited.
Councilman Dalia said we just had the MAYTIME BAND REVIEW and he was a little
disappointed in the publicity; he would like to refer this item to Mr. Adams and the
consultant to see how we can get the word out better than we do. Mayor Morgan
asked Mr. Adams to handle the matter.
Councilman Waters said traffic signals are being installed at Grove and Plaza
Boulevard; on both sides of Plaza the street signs read "Grove Street" even though on
the north side, it is Paradise Drive for a half block. Councilman Waters suggested
the half -block from Plaza to Twelfth be renamed Grove. Moved by Waters, seconded
by Van Deventer, that half -block be nam ed Grove Street. Carried by unanimous vote.
Councilman Waters said he had been assigned to take care of the problem with Al
Beauchamp (having black -topped adjacent City -owned land for parking and profiting
from same); a comittee composed of City Manager Mc Cabe, City Attorney Eiser and
himself ( Mr. Wa ters) met with Mr. Beauchamp and his attorney and they offered a
settlement agreement way less than our side thinks the City should receive.
Book 65/Page 204
5/7/85
Moved by Waters, seconded by Cooper, we authorize the City Atttorney to file civil
suit to remove him (Beauchamp) from the property and to recover just compensation.
City Attorney Eiser said because this concerns litigation, it would be proper to hold
an executive session. Vice Mayor VanDeventer said he would have to abstain because
he had personal business dealings with Mr. Beauchamp during the last two weeks.
Councilman Waters said the information he gave each member of the Council in this
regard may be handed out to the newspapers.
Vice Mayor VanDeventer spoke in regard to satellite dishes, saying motels are having
them installed; the City of El Cajon adopted an ordinance covering them; and he
would like to give the ordinance to the Planning Director. Moved by VanDeventer,
seconded by Waters, the El Cajon ordinance be referred to the Planning Director.
Carried by unanimous vote.
Vice Mayor Van Deventer reported the SANDAG Board moved to reveal the strategies
of ways for coming up with funds to be sent to the Assembly and Senate; we are all
concerned with streets.
Vice Mayor Van Deventer said at noon tomorrow, he will receive an award from the
San Diego Board of Realtors for the Dead Bolt Program; he thought Council should
also receive an award.
City Attorney Eiser said Council should either approve the motion to bring civil suit
against Mr. Beauchamp or go into executive session.
Mayor Morgan callled an Executive Session on Litigation at 5:30 p.m. Vice Mayor
VanDeventer did not attend the Executive Session and remained in Council Chambers.
Council reconvened at 5:42 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
Moved by Waters, seconded by Cooper, we authorize the City Attorney to file civil
suit, start proceedings to remove Mr. Beauchamp from the property and the City
receive just compensation for the use of that property. Carried, by the folio wing
vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Abstaining:
Van Deventer.
Moved by Waters, seconded by Cooper, the meeting be adjourned. Carried by
unanimous vote. The meeting closed at 5:44 p.m.
The foregoing minutes were approved at the regular meeting of May 14, 1985.
Corrections
No correc,'ons
2l�
MAYO
CITY OF NATIONAL CITY, CALIFORNIA