HomeMy WebLinkAbout1985 07-23 CC MINBook 66/Page 16
7/23/85
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
J U L Y 23, 1985
The regular meeting of the City Council of the City of National City was called to
order at 7:00 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post,
Stafford.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager McCabe,
followed with invocation by Elder Ron Sousa, Paradise Valley Seventh Day Adventist
Church.
APPROVAL OF MINUTES
Moved by VanDeventer, seconded by Waters, the minutes of the regular meeting of
July 16, 1985 be approved. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
Mayor Morgan requested Item 9, Resolution No. 14,698, be considered at this time.
Discussion. Moved by VanDeventer, seconded by Cooper, Resolution No. 14,698 be
adopted. Carried by unanimous vote. Mayor Morgan said the Clerk would send
Notices of Hearing to those people who signed the petitions; anyone else interested
in receiving a notice should notify the City Clerk.
HAROLD REYNOLDS, 635 1st St., was present and complained of prostitution and
incidents of shooting in the area of the carwash at 2nd & Highland; windows have
been shot out; vacuum hoses and motors at the carwash are being damaged; the
Police do not respond. Mayor Morgan asked the City Manager to make sure this
was checked out. City Manager McCabe said someone would get out there
tomorrow.
PUBLIC HEARINGS
The PUBLIC HEARING on a PROPOSED ORDINANCE ADOPTING SAN DIEGO
COUNTY HAZARDOUS WASTE AND DISCLOSURE OF HAZARDOUS MATERIALS
ORDINANCES (Adoption of these Ordinances and accompanying fees will provide
uniformity in the regulation and enforcement of hazardous materials and the wastes
generated in San Diego County; after observing the County operation, staff has
concluded that is is not feasible to develop our own Ordinance due to the
specialized training required, additional man hours, and potential liability involved;
the Fire Dept. will coordinate with the County Health Dept. as they have
jurisdiction of hazardous materials via the Uniform Fire Code; fees will be
collected by the County to fund the regulation and enforcement of this Ordinance)
was held at this time. The City Clerk reported the Certificate of Publication was
on file. Fire Chief Kimble said this Ordinance will provide for the effective
management of hazardous materials in the City and uniformity in regulation and
enforcement throughout the County; if we become dissatisfied with the level of
service, we can amend or repeal the Ordinance. Discussion. No one else was
present to speak in this regard. Moved by Waters, seconded by VanDeventer, the
Public Hearing be closed and we adopt this Ordinance. Carried by unanimous vote.
The PUBLIC HEARING on REPAIR OF SIDEWALK BY SUPERINTENDENT OF
STREETS (The property at 540 Division St. had dirt piled upon a portion of the
abutting sidewalk, to a depth of approximately 3'; Ordinance No. 1379 requires that
the abutting property owner keep the sidewalk clear and in good repair; it further
provides that if the work is not done, the City, after having given notice, may
accomplish the required work and impose a lien against the property, to be
collected as a part of the regular tax bill; a hearing is required to permit the
property owner to raise any objections or protests and to have the Council confirm
the report as revised, corrected or modified) was held at this time. Public Works
Director Williams said the property owners were notified to repair the sidewalk
(remove the dirt) and given two weeks to accomplish this; they were advised if
they did not do the work, the City would do so at their expense; they failed to
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take action and the City did so. No one was present to speak in this regard.
Moved by VanDeventer, seconded by Waters, the Public Hearing be closed, and staff
move forward to file the lien. Carried by unanimous vote.
The PUBLIC HEARING on APPEAL of the PLANNING COMMISSION'S DENIAL OF
CONDITIONAL USE PERMIT to ALLOW THE SALE OF BEER AND WINE as an
incidental use to a CONVENIENCE MARKET at 1835 Highland Ave., Applicant:
Mike Dami; CUP-1985-13 (On June 17, 1985, the Planning Commission conducted a
public hearing on this application; after hearing all testimony for and against, the
Commission took action to deny this application based on a finding that the
proposed use will have an adverse effect upon adjacent and abutting properties, and
the use is not deemed essential and desirable to the public convenience and
welfare; this business was relocated from the City's Downtown Redevelopment
Project Area (NE corner of 9th & National City Blvd.) to its present location on
Highland Ave., about a month ago; this business sold beer and wine as an incidental
use at its previous location; plans submitted by the applicant indicate that this use
will occupy a total floor area of 884 sq. ft.; storage, office and restroom will
occupy 208 sq. ft.; an open deli case, walk—in cooler and freezer space will occupy
260 sq. ft; 78 sq. ft. will be devoted to display shelving; it has been staff's
experience that convenience markets of such small size, and devoting such a
limited area to display shelving, typically tend to rely heavily on beer and wine
sales; due to the proximity of an existing fast—food, take—out restaurant, the
number of existing alcohol outlets and a history of Police Dept. problems within
this immediate area, the Police Dept. strongly protests approval of this CUP; staff
concurs with the Police Department's comments; further, the need for an additional
outlet for alcohol within this general area of Highland Ave. is questionable; within
500' of the subject premises there is one grocery store that sells beer and wine,
one liquor store, and one restaurant that offers alcoholic beverages as an incidental
use; Combined Zoning and General Plan designation of this property is commercial
General; if Council takes action to approve this application, the following conditions
of approval are suggested: 1. There shall be no alcoholic beverage sales after
8:00 p.m.; 2. This CUP shall be subject to revocation, pursuant to the provision of
Section 18.116.170 of the Municipal Code upon recommendation of the Chief of
Police if it is found that the use is being exercised in a manner to constitute the
same a public nuisance; 3. Before this CUP shall become effective, applicant shall
file a written statement with the Planning Dept. acknowledging and accepting all
conditions imposed upon approval of the permit; staff concurs with the Planning
Commission's denial) was held at this time. The City Clerk reported the
Certificate of Publication and Affidavit of Mailing were on file. Planning Director
Post said the Planning Commission and staff are recommending a denial of this
application. MIKE DAMI, 1835 Highland Ave., was present and said he moved his
market because he had no choice; after several months looking for a place to
relocate his business, he found the location on Highland; Mr. Post said there would
be 78' of shelving for groceries; it is not true; he has almost every item grocery;
it could be a small community grocery store; it is a convenience store; he has 150'
of groceries; it is not a liquor store; people stop by his store after work; he also
has a deli and people who work in the area come to his store for sandwiches; he
has worked hard to save the money to open his own business; he was forced to
relocate and now he is being punished again; he is trying to make a living; he is a
new citizen of the United States, and he wants an opportunity to improve his life;
he never received a single complaint in his previous location; beer and wine would
not be more than 20% of his gross sales. Councilman Cooper said the way he
understands from the Building Dept., Mr. Dami has been doing the remodeling of
the building without any permits; two stop orders were put on the building; Mr.
Dami defied them and right on building. Mr. Dami said he is not open for
business; he has called for a City inspection; he does not have his permit yet.
Discussion. Mr. Dami said he is willing to prove to the Council there is something
else behind that; if necessary, he will talk to the staff; it is not what Council
hears. Councilman Cooper said, "In other words, what you're telling me is the head
of the Building Department is lying to us —that they did not put a stop order on
your place of business —because you did not have permits to do the work. Is that
right?". Mr. Dami replied, "Let me tell you—" Councilman Cooper said, "Answer
my question —are you calling our Building Dept. Director a liar because you say he
didn't —he says it's not true —what I said to you is not true?" Mr. Dami replied "he
was not saying he's a liar; whoever reports to him; it is a question he would like
to explain to the City Attorney later on." Councilman Cooper insisted Mr. Dami
answer, saying "I'd like you to explain it right here in public; you've come up here
asking us for a favor, and I want an explanation as to what you're doing down
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there." Mr. Dami said the first day he started working, a gentleman came to see
him and asked what he was doing, and he (Mr. Dami) told the gentleman he was
trying to open a business; the gentleman asked who the landlord was and he (Mr.
Dami) replied there is a gentleman next door; the gentleman asked him what he
wanted to do and he replied he thought he (landlord) was going to do some work on
the roof and the ceiling; the gentleman asked him "Can he give me some money?
He doesn't have to go through red tape." Councilman Cooper said "Would you put
that in writing?" Mr. Dami continued, "he is planning to put this in writing."
Councilman Waters said, "This is good enough; it's all being recorded." He (Mr.
Dami) said, "What do you mean?"; the gentleman replied, "He doesn't have to go
through red tape; I do it easy for him"; he (Mr. Dami) replied, "It's not my
problem." Mr. Dami continued, every day the gentleman came and bothered him;
he called Mr. Reid's office and told someone that someone was bothering him; he
wanted to come talk to somebody about it; the gentleman gave him his contractor's
number, and said if he wanted to go buy material, he has other job; he (Mr. Dami)
could go buy the materials and pay the difference to him; Mr. Dami told him he
was not going to pay anything; he came to complain and Mr. Reid was not there;
he told the gentleman he was going to complain; the gentleman gave him his home
phone number and said to call him at home; he (Mr. Dami) asked what the
gentleman wanted and was told "You have to work with me."; he (Mr. Dami) said
he was not going to do that. Mr. Dami continued, three weeks ago Tom Morrow
came to his store; he told Mr. Morrow there was a gentleman in the City that is
asking him for bribery; he is not willing to pay a penny because he doesn't believe
in this; later he talked to the lady who works with Mr. Post and said he wanted to
complain about someone asking for bribery and he's not going to pay; for a while
the gentleman did not bother him; then he put a note under the door; yesterday he
(Mr. Dami) called the City and Mr. Russell said to call him when it was ready; he
called for Mr. Russell to come for the City inspection, and for some reason the
other gentleman came; the gentleman said he knew Mr. Dami had called Mr.
Russell for the inspection and asked why he called; he (Mr. Dami) said "because he
is the one that came first; he wanted me to call and talk to him; if there is
anything wrong, let me know; 1 will fix it —one, ten, twenty electricians —whatever
necessity if it is wrong."; the gentleman said "Look I'm going to break you down
and 1'11 close your store for ten ye1rt: I'm going to call the Police."; he (Mr. Dami
replied, "You go ahead—whatever—.1 will talk to your supervisor." Mr. Dami
continued, he called the City to talk to Mr. Reid and was told he was not there;
Mr. Dami said it was important —he wanted to talk to him (Mr. Reid); finally, they
got him on the phone; he (Mr. Dami) started to explain and was told, "You shut up.
Are you accusing my employee?" Mr. Dami said there are people who know how
many times this gentleman came by; he did things the way this gentleman wanted
him to, but he said he would not pay a penny; the gentleman told him, "If 1 don't
get it, somebody else is going to get it."; Mr. Dami told him, "I don't care."
Mayor Morgan said he thought Council got the message and asked the City
Attorney to check this out legally, if he was embarrassed about it or anything he
would have it checked out himself. City Attorney Eiser said he would look into it.
Vice Mayor VanDeventer asked Mr. Dami if he had a building permit or not. Mr.
Dami said he came here and paid the thing but they said... The Vice Mayor said
but you didn't have a permit when you started the work. Mr. Dami said there
wasn't that much work to do; there was only a false wall; he came here and
inquired what he needed to do, and then this guy said, I said, fine and he said
"here is my phone number, call me"; 1 have his home phone number if you want I
can show this in his own handwriting. Mayor Morgan spoke to the City Attorney
saying he wanted to say one thing, you need to work on this, keep me informed,
you and I work on this and if you think we need to call a special meeting of
Council, we will call a special meeting, I am willing and I think the Council is.
Mr. Dami continued, this gentleman threatened him and said he would break him
down. Vice Mayor VanDeventer inquired if it would be proper to hold this over for
a couple weeks. City Attorney Eiser said actually as far as the charges Mr. Dami
has brought up, they are somewhat off the subject with regard to the use permit;
we could continue the discussion on the use permit; the subject of an investigation
and possible special meeting was a separate matter; he would suggest we go on
with the hearing regarding the use permit. Mr. Dami said he was willing to
cooperate, whatever is necessary. Mayor Morgan said let's go on; Mr. Cooper
pressed you on this and you got into this and he (Mayor) didn't stop him. Mr. Dami
said he didn't want to talk about it but...Mayor Morgan said he wanted to let him
say what he wanted to say and didn't stop him; we need to get back to this
hearing and whatever Mr. Dami wanted to say further, if he had anything to say on
this hearing, we needed to stick with that subject. Mr. Dami said he was here
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requesting for whatever...Councilman Cooper said he would like to request from the
attorney that when he gets a report on this he and the rest of the Council would
like to have a copy of it. Mayor Morgan said they would have copies. Mr. Dami
said he did not want to bring this up now because he had planned to do it later
because whatever is necessary to do, but because Mr. Cooper wanted it; he was
going to take it to the Mayor and City Council so everybody would know what is
going on. Mayor Morgan said now we are on the hearing and asked Mr. Dami if
there was anything else he wanted to say. Mr. Dami said he was here to ask for
his use permit. Mayor Morgan thanked Mr. Dami and asked if there was anyone
else to be heard. There was no response. Discussion. Moved by VanDeventer,
seconded by Waters, this be held over to two weeks from tonight. Discussion.
Carried by unanimous vote.
The PUBLIC HEARING on PROPOSED AMENDMENT to TITLE 18 (ZONING) of the
Municipal Code to ESTABLISH REGULATIONS AFFECTING THE PLACEMENT OF
SATELLITE TELEVISION ANTENNAS within the City of National City, A-2-85 (The
purpose of this amendment is to adopt regulations regarding the placement of
Satellite Television Antennas which will be similar to those of surrounding
communities; the effect of the amendment will be to permit these antennas in all
zones, but make them subject to staff review and regulation; on May 6, 1985, the
Planning Commission authorized the Planning Dept. to recommend changes in the
Land Use Code which would regulate the placement of Satellite Television
Antennas; staff researched various materials and literature on the topic including
the requirements of other communities; the primary concern of those communities
that have adopted restrictions is primarily visual or aesthetic, and to some extent,
public safety; most regulations require that they be placed in the rear yard only
and meet certain setbacks and be screened; usually this will impose no hardship on
the owner; however, an applicant may apply for a variance in hardship cases; see
Document No. 72547) was held at this time. The City Clerk reported the
Certificate of Publication was on file. Planning Director Post said the City
Council and the Planning Commission directed staff to look into this matter and
bring back some possible Code amendments regarding Satellite Antennas; the
residential zones are the most restrictive; they require a site plan review, issuance
of a building permit, a ground mounting located within the rear yard only with a 4'
setback from any property line or structure; there is a 15' height limitation and
they must be screened from adjacent property; the other zones are a little more
liberal; there is a higher height limitation of 20'; they can be roof —mounted in
certain situations; they cannot contain any sort of advertising, which some of them
have been observed to do in other jurisdictions; the Planning Commission
recommends adoption and staff would go along with that. Discussion. Councilman
Waters spoke of homes that do not have a back yard and inquired if they would be
denied the right to have a Satellite Antenna in their front yard. Mr. Post said the
question of hardship situations could be addressed through the variance procedure.
Further discussion. WALTER POPELAR (Chairman, PRAB) was present and inquired
if the Satellite Antenna Ordinance would enter into the ham radio area. Planning
Director Post said by the definition which is supplied in his report, this would
pertain to equipment that involves a signal broadcast or relayed from an Earth
satellite. Mr. Popelar said they are into satellite operations on an experimental
basis; he is the radio operator for the disaster group in National City, and he
would hate to see anything affecting the ham radio towers; they have 30' and 40'
towers. Further discussion. Mr. Post said this would not interfere with the ham
radio towers. Discussion re Cox Cable. No one else was present to speak in this
regard. Moved by Morgan, seconded by VanDeventer, the public hearing be closed,
and this amendment be adopted. Discussion re solar panels. Planning Director
Post said the way this draft is set up, it is not retroactive; the dishes currently in
existence will be allowed to remain as lawful, non —conforming uses. Further
discussion. Motion carried by unanimous vote.
The PUBLIC HEARING on the PROPOSED VALLEY ROAD REORGANIZATION
INCLUDING ANNEXATION TO THE CITY OF NATIONAL CITY, DETACHMENT
FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT — DISTRICT 3,
AND THE BONITA—SUNNYSIDE FIRE PROTECTION DISTRICT (On June 3, LAFCO
held a public hearing and adopted a resolution approving the proposed Valley Road
Reorganization; at that time, they designated National City as the conducting
authority and authorized the City to begin annexation procedures; the Valley Road
Reorganization includes the detachment of 48 acres from the Bonita—Sunnyside Fire
Protection District and the San Diego Flood Control District; it also involves the
annexation of 3.41 acres to the City of San Diego and detachment of that area
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from the Lower Sweetwater Fire Protection District and the San Diego County
Flood Control District; 48 acres of property are proposed for annexation to
National City; this portion of the reorganization is located south of State Rte. 54
[South Bay Freeway ] on both sides of Valley Rd., north of Lomacitas Lane and
east of San Miguel; the 3.41 acre site is located north of Rte. 54, west of
Tonawanda and east of Reo Dr.; applicant requested the annexation of the 48 acres
in order to provide City services to a condominium project and estate lot
subdivision; applicant owns the entire 48 acre site; the LAFCO resolution includes
the 3.41 acre annexation to San Diego which if not annexed, will result in a
County island between National City and San Diego; the property to be annexed to
National City has been prezoned and general planned for two categories: RS—E and
RT—PUD; staff recommends approval) was held at this time. The City Clerk
reported the Certificate of Publication and Affidavit of Mailing were on file.
Planning Director Post reported staff recom mends approval. No one was present to
speak in this regard. Moved by VanDeventer, seconded by Cooper, the public
hearing be closed and the annexation be approved. Discussion. Carried by
unanimous vote. Vice Mayor Van Deventer asked Planning Director Post to bring
back a report on the project development plans, etc. in two weeks. Mr. Post said
as of one week ago, everything has been submitted; he will bring back a report.
The PUBLIC HEARING on the PROPOSED VACATION of the WESTERLY ONE—
HALF OF COOLIDGE AVENUE BETWEEN 19TH STREET AND 20TH STREET,
Applicant: H & M Apartment, SC-2-85 (...involves a 48' right—of—way containing
10,000 sq. ft. of land area; the travel way portion is paved at a width of 40' for a
distance of about 75' south of 19th St.; the remaining portion is unimproved,
fenced, and not accessible to the public; the City maintains a small neighborhood
park adjacent to the east side of the paved portion of this right—of—way; the only
access to this portion of Coolidge Ave. is via 19th St. from Harding Ave.; 19th St.
dead —ends just east of Coolidge Ave.) was called at this time. Moved by Cooper,
seconded by Van Deventer, this hearing be continued for two weeks. Discussion.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters.
Nays: None. Abstaining: Morgan.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 14,695 through 14,706)
Moved by Waters, seconded by Van Deventer, the Resolutions be adopted by title
only. Carried by unanimous vote. Mayor Morgan requested that Resolutions Nos.
14,699 and 14,702 be considered separately. Councilman Dalla noted that
Resolution No. 14,695 has been withdrawn from the agenda. CHRISTOPHER
ASHCRAFT, Attorney representing NCMEA, was present because of Resolution No.
14,695 and said since it had been withdrawn, he had no comments. Councilman
Cooper requested Resolution No. 14,703 be considered separately. Moved by
Van Deventer, seconded by Cooper, the Consent Resolutions (14,696, 14,697, 14,700,
14,701, 14,704, 14,705, 14,706) except 14,695, 14,699, 14,702 and 14,703 be adopted.
Carried by unanimous vote.
Resolution No. 14,695, "Resolution authorizing City Manager to enter into and sign
agreements between the City of National City and the Travelers Insurance
Companies and San Diego Foundation for Medical Care for the purpose of providing
group health insurance services for the City of National City." Withdrawn from
agenda.
Resolution No. 14,696, "RESOLUTION AUTHORIZING INSTALLATION OF SPEED
LIMIT WARNING SIGNS ON HIGHWAY 54 TO INC REASE ROAD SAFETY AND
REPEALING RESOLUTION NO. 14,587." See Consent Resolutions above.
Resolution No. 14,697, "RESOLUTION CONFIRMING THE REPORT OF THE
SUPERINTENDENT OF STREETS AND LEVYING ASSESSMENT FOR THE REPAIR
OF SIDEWALK." See Consent Resolutions above.
Resolution No. 14,698, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE
AND CLOSE THE 20—FOOT WIDE ALLEY BETWEEN 18TH STREET AND THE
CENTER LINE OF THE VACATED 22ND STREET, TOGETHER WITH THE
WESTERLY 20 FEET OF 19TH, 20TH AND 21ST STREETS, BETWEEN WILSON
AVENUE AND THE MTDB RAILWAY ADJACENT TO FREEWAY 5 (SC-1-85)." See
Page 16, Para. 5.
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Resolution No. 14,699, "RESOLUTION APPROVING AN APPLICATION FOR
CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A COMMERCIAL
PRINTING AND PHOTOCOPYING BUSINESS ON PROPERTY LOCATED AT 710
EAST THIRD STREET (APPLICANT — HERMAN BACA, CASE FILE NO. CUP-1985-
6)." Discussion. Moved by VanDeventer, seconded by Dalla, Resolution No. 14,699
be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Daila,
VanDeventer, Waters. Nays: Morgan. Councilman Dalla said there is an indication
that this matter was held over 120 days; the matter was continued on at least
three occasions at the request of the applicant; had it not been for that request,
we would dealt with this some time ago.
Resolution No. 14,700, "RESOLUTION ACCEPTING A GRANT DEED FOR STREET
PURPOSES FROM MARIA D. SMITH, 1703 ORANGE AVENUE — NATIONAL CITY,
CALIFORNIA (ASSESSOR'S PARCEL NO. 558-190-02)." See Consent Resolutions
above.
Resolution No. 14,701, "RESOLUTION ORDERING PROPOSED REORGANIZATION
INCLUDING ANNEXATION TO THE CITY OF NATIONAL CITY, DETACHMENT
FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT — DISTRICT 3 AND
THE BONITA—SUNNYSIDE FIRE PROTECTION DISTRICT OF 48 ACRES." See
Consent Resolutions above.
Resolution No. 14,702, "RESOLUTION APPROVING AN AMENDMENT TO THE
NATIONAL CITY GENERAL PLAN (GP-5-85/ZC-3-85)." Discussion. Moved by
Cooper, seconded by Waters, Resolution No. 14,702 be adopted. Carried by
unanimous vote.
Resolution No. 14,703, "Resolution authorizing execution of an agreement for loan
repayment and execution of two promissory notes, National City Downtown
Redevelopment Project." ARNOLD PETERSON, Executive Director, Community
Development Commission, was present and said the Community Development
Commission Board authorized the Chairman and himself to make a verbal offer to
purchase the Premium Auto Sales site; this item was not included in their budget;
they made a verbal offer of $182,500; from the estimates on the adjacent property,
the approximate cost to cure this site, if they are able to purchase it, would be
about $276,000. Councilman Cooper said Mr. Peterson told him he had put in for
the money the banks were holding on our first bond issue, the money to be
forthcoming in about two weeks; could that money be used to purchase Premium
Auto Sales?; CDC will have three quarters of a million dollars, set aside in their
budget, for Colonial Ford; at this point we don't know what Colonial Ford is going
to do; it might be wiser to use the money on hand rather than borrow the money
from the City at 7% interest; then if he needs the money later for Colonial Ford,
he could come back and borrow the money at that point. Mr. Peterson said the
matter in point is whether Council will agree to the agreement itself; the
agreement to stand ready to make this loan of one half —million dollars when
needed. Moved by Cooper, seconded by VanDeventer, this loan be approved in
concept (at the point in time CDC needs the money, the City will loan it).
Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer,
Waters, Morgan. Nays: Dalla.
Resolution No. 14,704, "RESOLUTION SUPPORTING LEGISLATION TO ASSIST
CITIES WITH RESPECT TO THE FAIR LABOR STANDARDS ACT." See Consent
Resolutions above.
Resolution No. 14,705, "RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE
FIRST AMENDMENT OF AN AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT
DISTRICT AND THE CITY OF NATIONAL CITY FOR PUBLIC PROTECTION
SERVICES ON PORT DISTRICT PROPERTY IN NATIONAL CITY." See Consent
Resolutins above.
Resolution No. 14,706, "RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ACQUISITION ESCROW FOR PROPERTY LOCATED AT 1703
ORANGE AVENUE." See Consent Resolutions above.
Mayor Morgan called a recess at 8:10 p.m.
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7/23/85
Council reconvened at 8:17 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
ORDINANCES FOR INTRODUCTION (FIRST READING)
Moved by VanDeventer, seconded by Cooper, the Ordinances be presented by title
only. Carried by unanimous vote.
"Ordinance rezoning a certain parcel of real property pursuant to the Land Use
Code of the City of National City (GP-5-85 and ZC-3-85)."
"Ordinance amending Ordinance 1857 and Section 11.16.010 (Speed Zones Designated)
of the National City Municipal Code establishing speed zones on various City
streets."
ORDINANCES FOR ADOPTION
Moved by VanDeventer, seconded by Cooper, the Ordinances be presented by title
only. Carried by unanimous vote.
Ordinance No. 1860, "ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTING
PORTIONS OF SAN DIEGO COUNTY ORDINANCES RELATING TO DISCLOSURE
OF HAZARDOUS MATERIALS AND REGULATION OF HAZARDOUS WASTE
ESTABLISHMENTS, AND ADDING CHAPTER 9.40 TO THE NATIONAL CITY
MUNICIPAL CODE." Moved by Waters, seconded by VanDeventer, Ordinance No.
1860 be adopted. Carried by unanimous vote.
Ordinance No. 1861, "ORDINANCE OF THE CITY OF NATIONAL CITY TO AMEND
AND REPEAL PORTIONS OF ORDINANCE NO. 1705, AND TO AMEND AND
REPEAL PORTIONS OF CHAPTER 15.30 OF TITLE 15 OF THE NATIONAL CITY
MUNICIPAL CODE." Moved by Cooper, seconded by VanDeventer, Ordinance No.
1861 be adopted. Carried by unanimous vote.
"Ordinance of the City of National City amending portions of Ordinance Nos. 1712
and 1820, and amending Title 18 (Zoning) of the National City Municipal Code."
City Attorney Eiser said there was a question raised last week regarding its effect
on a pending CUP application; if it is Council's desire to exempt or "grandfather"
this particular application, he has some suggested wording set forth in a
memorandum to Council; he would recommend, if this additional language is
adopted this evening, this Ordinance be re —introduced and brought back next week
for final adoption. Discussion. Moved by VanDeventer, seconded by Waters, this
Ordinance be re —introduced and brought back next week for adoption with the
additional wording. Carried by unanimous vote.
Ordinance No. 1862, "ORDINANCE INCREASING THE SALARY OF THE CITY
COUNCIL." Moved by VanDeventer, seconded by Cooper, Ordinance No. 1862 be
adopted. Carried by unanimous vote.
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 3,
dated July 16, 1985, in the amount of $136,246.49 (Warrants Nos. 88486 through
88584) 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, VanDeventer, Waters. Nays: Morgan.
OTHER BUSINESS
The Administrative Assistant's report on UPDATE ON CITY'S PUBLIC RELATIONS
PROGRAM (Report submitted on City's public relations program activities since the
last update on May 14; numerous projects have been undertaken; see Document
No. 72571) was presented. Ordered filed by unanimous vote. Councilman Dalla
said he appreciates the job Mr. Adams is doing.
The Parks & Recreation Director's STATUS REPORT ON THE PROPOSED LAS
PALMAS GYMNASIUM (Council authorized a total of $950,000 in this year's CIP
budget for the construction of a gymnasium at Las Palmas Park; the funding
sources will be: 84-85 General Fund — $200,000; 85-86 Community Development
Book 66/Page 23
7/23/85
Block Grant — $150,000; 85-86 State Grant — $150,000; 84-85 and 85-86 Roberti
Grant — $50,000; 85-86 Revenue Sharing — $400,000; these funds will build a facility
which is approximately 11,000 sq. ft.; the main building will include a gymnasium
for basketball, volleyball and indoor soccer with seating for approximately 200
people; there will be three activity rooms, one for pool, ping pong and foosball; the
other two activity rooms will be used for arts and crafts, special class instruction
and for meetings; a parking lot will also be provided; the City Engineer has
indicated he will be mailing out R.F.P.s to architects by July 26; hopefully, we will
be selecting an architect about September 1, to begin detailed plans and
specifications for the facility) was presented. Moved by VanDeventer, seconded by
Cooper, the report be accepted and filed. Discussion. WALTER POPELAR, Parks
and Recreation Advisory Board, was present and said the gym will be something we
can be proud of. Further discussion. Motion carried, by the following vote, to —wit:
Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan.
The request of SAN DIEGO COUNTY BOYS BASEBALL for USE OF THE
COMMUNITY BUILDING (On July 16, Council approved the use of the Community
Bldg. and annex for a banquet for the visiting Japan's Boys Baseball Team on
August 19; the letter from the coordinator requested use of the facility "at no cost
or the lowest rental fee"; Council also authorized a donation of $250 to help defray
the cost of the total visit; traditionally, Council has waived rental fees but has
charged out—of—pocket costs for custodial services and for utilities used [ in this
case, about $100]; the $100 out—of—pocket costs should not be assessed if Council
didn't really intend for it to be; staff recommends the rental fee be waived, but
the City assess out—of—pocket costs for custodial and utilities of approximately
$100) was presented. Moved by Waters, seconded by VanDeventer, in favor of
staff's recommendation. Carried by unanimous vote.
The City Engineer's report on CENTER STRIP ALLEY COMPLETION UNDER 1911
ACT PROCEDURES (Alleys 9 & 12 were constructed under 1911 Act procedures in
1983; alleys 8, 13, 15, 16, 17 and 19 were recently completed with City funds; all
above alleys are within a RS3—PD Zone and involved expanding improvements to full
width from existing concrete center strip; the total amount assessed for Alleys 9
and 12 was $30,745.00; the cost to retire the bond on subject alleys would be the
above amount plus 5%, plus interest) was presented. Discussion. Vice Mayor
VanDeventer said he thinks when there is a deterioration, or there could be a
deterioration of the center strip that could eventually affect the sewer, it is a
liability of the City, and we should reimburse these people; when the alley has no
sewer in it, it's a different situation; we have a responsibility to the people to
protect the sewer line, and if it needs to be covered with concrete, we should do
it where there is a center strip and we have concreted both sides of it. Moved by
VanDeventer, seconded by Cooper, we reimburse this money to those people who
paid a 1911 Act for Alleys 9 & 12. Discussion. City Attorney Eiser said there is
a provision under the 1911 Act for City participation in a project; it could have
been done at the outset, and he believes it can be done at this point. Further
discussion re setting a precedent. Moved by Dalla, seconded by Waters, this be
tabled until the next meeting. Carried by unanimous vote.
CITY MANAGER — No report.
CITY ATTORNEY — No report.
OTHER STAFF
The City Clerk reported the Fire Chief made his report to Council on the Weed
Abatement Program this year and a hearing needs to be set on the report and
confirmation of the assessment; staff recommends the hearing be set for August 13.
Moved by VanDeventer, seconded by Waters, the hearing be set for August 13.
Carried by unanimous vote.
The City Clerk referred to her memo to Council re the sale of surplus property,
inquiring if oral bids should be limited to those persons who have submitted written
bids; if oral bids should be limited to those persons who have submitted a cashier's
check in the amount of the required deposit; and if Council wished to require that
the successful bidder start construction within a given period of time. Discussion.
Moved by VanDeventer, seconded by Cooper, language be added to the advertising
to limit auction participation to those submitting written bids, and successful
bidders must start construction within one year. Discussion. Carried, by the
following vote, to —wit: Ayes: Cooper, Dalia, VanDeventer, Waters. Nays:
Morgan.
Book 66/Page 24
7/23/85
City Engineer Stafford referred to Resolution No. 14,696, saying there are several
discrepancies in the Resolution; if Council's action was to repeal Resolution No.
14,587, he will come back with a corrected Resolution consistent with what the
Traffic Safety Com mittee intended. Discussion.
MAYOR
Mayor Morgan said the City is hiring a secretary and he noticed the shorthand
requirement has been dropped for this position; he would like the City Attorney to
check this and find out if staff has the authority to do this. RICHARD
SCHULMAN, Assistant to the City Manager/Personnel, was present and said this
was done by the Civil Service Commission at one of their public meetings to allow
alternate substitution of other skills for shorthand; the specific problem that came
up was the position in the Fire Dept. where they had a very capable incumbent
who was doing the full function of secretary, but did not have the shorthand skill;
it was felt that this would allow more flexibility for department heads because in
trying to recruit secretaries, the field is limited if shorthand is required; people
can use machine transcribers rather than dictating directly. Mayor Morgan said
when you do that you are raising a typist to higher wages and paying them on the
secretaries' scale; he thinks the City is losing on this. Mr. Schulman continued,
this is based upon looking at the total duties and responsibilities of the position;
the judgment is made that the people who are in the secretary classification are
doing more responsible work than the people paid as Typist Clerks; this was heard
by the Com mission at a public meeting and they did approve the change in the
specification to allow the substitution. Mayor Morgan asked the City Attorney to
check into this and advise Council of the legality.
CITY COUNCIL
Vice Mayor VanDeventer said he would like to compliment staff, especially Public
Works, on the street repairs on National City Blvd. and Cleveland; they did an
excellent job. Public Works Director Williams said he would like to accept the
kind words, but it was City Engineer Stafford's contract.
Vice Mayor Van Deventer spoke of the corner of 18th & Prospect, saying when
driving North on Prospect it is difficult to see when turning onto 18th St.; it
should be red -curbed. Moved by Van Deventer, seconded by Morgan, this be referred
to the Traffic Safety Committee. Carried by unanimous vote.
Councilman Cooper said the street surfacing is excellent; the system used was
exellent and it saved the City a lot of money.
Councilman Cooper spoke of the Donnelly hearing tapes, saying he listened to them
and it was confusing, but can be transcribed; he asked a couple of secretaries and
they said they could do it; he feels it was an honest mistake; the other message on
the tape was put on March 8; the Mayor criticizes the staff and they spend a lot
of time defending themselves; the Mayor should take it to the D.A. or apologize.
Councilman Waters recognized Planning Commissioner Mitch Beauchamp and his
wife, who were present in the audience.
ADJOURNMENT
Moved by Waters, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m.,
August 6, 1985. Carried by unanimous vote. The meeting closed at 8:58 p.m.
CITY- CLEf(K
/•
The foregoing minutes were approved at the regular meeting of August 6, 1985.
Corrections No correc ' ons
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA