Loading...
HomeMy WebLinkAbout1985 10-22 CC MINBook 66/Page 97 10/22/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 22, 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, Van Deventer, 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 Pastor Ken Nichols, Southport Christian Center. APPROVAL OF MINUTES The City Clerk reported that the minutes of the regular meeting of October 15, 1985 were just distributed today, and requested approval be held over to the next meeting. Moved by Waters, seconded by Van Deventer, approval of the minutes of the regular meeting of October 15, 1985 be held over to the next meeting. Carried by unanimous vote. PRESENTATION Joe Vogel, Faculty Advisor for the Sweetwater High School Chapter of the American Field Service was scheduled to present two foreign exchange students, Ann Desmet from Belgium and Andreas Eckelmann from West Germany. They were not present. PROCLAMATION Moved by Waters, seconded by VanDeventer, the Proclamation be read by title only. Carried by unanimous vote. The Mayor's proposed Proclamation, °UNITED NATIONS DAY" — October 24, 1985 was read by title. Moved by Dalla, seconded by Waters, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Charles Jones and advised him the U. N. flag would be flown on the 24th. PUBLIC ORAL COMMUNICATIONS None. PUBLIC HEARING The PUBLIC HEARING on COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1986-1987, Guidelines and related budget for approximately $940,000 (A Citizens Participation Program has been prepared; see Document No. 72918; the Committee for Housing & Community Development will meet on November 13 and December 11, 1985 to discuss and recommend a Program to the City Council; at this time, Council needs to provide guidelines for the Program and Budget) was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and said there will be two more public hearings, and this matter will go before the Citizens Com mittee for Com munity Development; he has sent Council a memo suggesting the multi —purpose senior center ($325,000), the home improvement loan program ($200,000), and he has suggested phase three of Street Trees from 16th to 9th, and along National City Blvd. to "A" Ave. ($150,000); he cannot ask for funds for the moderate income loan program, but he does intend to ask for funds for that purpose under General Revenue Sharing next spring; two communications have come in that he will transmit to the commit when they are considering Block Grant; Paradise Valley Hospital has asked for $10,000, and Operation Samahan Health Clinic has submitted a request, but has not stated an amount; the amount of Block Grant funds to be received by National City for 86-87 is not known; last year's amount was $1,105,000, but Congress intends to make a reduction of 10-15%. Discussion. Mayor Morgan said there is some talk if we wait for the Block Grant to come through, the seniors center would be put on hold; if we could use City money, the City would get their money back when the Block Grant comes through. Mr. 1 1 Book 66/Page 98 10/22/85 Peterson continued, we have approval from the County, subject to final approval by the State, $317,526; the additional amount needed would be about $325,000; if the City comes up with the front money, and in a few months with the construction money, once the State approves in February or March, we proceed to build the center; under Block Grant we would have to wait until August to do the construction. Further discussion. Vice Mayor Van Deventer said the church building the City purchased would not be vacated until July. Discussion re advancing money to draw up the plans and do the preliminary work. Mr. Peterson said he would estimate the planning and engineering costs to be about $100,000. Further discussion. Mr. Peterson suggested Council designate the Senior Citizens Advisory Committee and the Parks and Recreation Advisory Board to be involved in the design of the center. City Manager McCabe said as far as he knows, the Revenue Sharing Program expires as of September, 1986; we have accounted for all of our monies for this coming year which goes through June 30; there is some talk that it might be extended. Further discussion. Councilman Dalla spoke of his proposed program for Block Grant funds. Discussion of the proposed program during which Mr. Dana's figures were adjusted to: $225,000 for the Seniors Center; $150,000 for 3% loans; $60,000 for Ira Harbison mini —park; $215,000 for traffic signals (new or upgraded); $55,000 to construct curbs, gutters and sidewalks; $60,000 for the 50-50 sidewalk program; $75,000 to landscape and beautify medians in the area of 1-805 and Plaza Blvd.; and $100,000 to reconstruct intersections. Further discussion. Councilman Waters said when Mr. Peterson takes these recommendations back to the committee, they should be advised that this is not binding; we want to hear from them. Moved by Dal la, seconded by Van Deventer, the Public Hearing be closed and this program be adopted as modified. Carried by unanimous vote. Moved by Van Deventer, seconded by Waters, we approve $100,000 from the City to start the plans and engineering on the Seniors Center at 12th & D. Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (14,770 through 14,775) Moved by Waters, seconded by Van Deventer, the Resolutions be presented by title only. Mayor Morgan requested Resolutions Nos. 14,770 and 14,775 be considered separately. Councilman Cooper requested Resolution No. 14,774 be considered separately. Moved by Van Deventer, seconded by Cooper, the Consent Resolutions (except Resolutions Nos. 14,770, 14,774 and 14,775) be adopted. Carried by unanimous vote. Resolution No. 14,770, "RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH GERALD S. KIBBEY ASSOCIATES FOR AN APPRAISAL OF THE SITE FOR THE PROPOSED POLICE FACILITY AND APPROVING A TRANSFER OF $24,500 FROM UNAPPROPRIATED RESERVES FOR THIS PURPOSE." Moved by Cooper, seconded by Van Deventer, Resolution No. 14,770 be adopted. Discussion. Mayor Morgan said the Civic Center is overcrowded; this would be a beautiful building for the Police Dept.; we need a new Civic Center. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,771, "RESOLUTION DECLARING GULF OIL COMPANY, TAYLOR OIL SPREADING SERVICE AND SIM J. HARRIS COMPANY THE LOWEST RESPONSIBLE BIDDERS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AGREEMENTS WITH GULF OIL COMPANY, TAYLOR OIL SPREADING SERVICE AND SIM J. HARRIS COMPANY." See Consent Resolutions above. Resolution No. 14,772, "RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR MONUMENTATION WITH SWEETWATER NORTH." See Consent Resolutions above. Resolution No. 14,773, "RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR A STORM DRAIN FROM RUBIN HETCH, LUCILLE GOLDMAN AND MICHAEL HETCH (SOUTH BAY PLAZA NORTH)." See Consent Resolutions above. Resolution No. 14,774, "RESOLUTION ACCEPTING A COVENANT RUNNING WITH THE LAND FROM MEYER C. WEINER COMPANY (SOUTH BAY PLAZA, PHASE 3) FOR IMPROVEMENTS ALONG PLAZA BOULEVARD." Councilman Cooper said he would abstain from voting on this because he owns adjacent property. Moved by Van Deventer, seconded by Dalla, Resolution No. 14,774 be adopted. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: None. Abstaining: Cooper. Book 66/Page 99 10/22/85 Resolution No. 14,775, "RESOLUTION DECLARING GOODYEAR TIRE & RUBBER COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GOODYEAR TIRE & RUBBER COMPANY." Discussion. Moved by Morgan, seconded by VanDeventer, Resolution No. 14,775 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,776, "Resolution adopting plat showing exterior boundaries of Assessment District (Alley — 18th Street to 22nd Street — west of Wilson Avenue — District No. 225)." was removed from the agenda. Resolution No. 14,777, "Resolution adopting plans and specifications of Assessment District (22nd Street, "J" Avenue to "K" Avenue — District No. 224)." was removed from the agenda. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 16, dated October 15, 1985, in the amount of $196,870.63 (Warrants Nos. 89550 through 89658), and CERTIFICATION of PAYROLL for the period ending September 30, 1985, in the amount of $307,696.91 was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Abstaining: Cooper (Warrant No. 89636 only), VanDeventer (Warrant No. 89636 only.) The APPLICATION FOR LEAVE TO PRESENT LATE CLAIM of ANGEL SERRANO (This Application for Leave to File Late Claim was received on October 11, 1985; the claim arises from an incident which occurred on January 6, 1985; a claim was given to the City Clerk on August 19, 1985 and was rejected with no action having been taken because it was filed more than 100 days after the occurrence; another attempt was made to file the claim on September 5, 1985; it was once again rejected) was presented. Moved by Waters, seconded by Dalla, this be denied and referred to the City Attorney. Carried by unanimous vote. The application for TYPE 41 ON —SALE BEER AND WINE LICENSE of Royal Way Motor Inns, Inc., Walter W. Pabst, President/Director and Dorothy M. Pabst, Secretary, dba QUALITY INN, 1645 Plaza Blvd. (Planning and Building Departments state no objections; the Police Dept. requests that the following conditions be attached to a permit allowing the sale of beer and wine incidental to the sale of food: 1. Alcoholic beverage sales shall be incidental to food service; 2. There shall be no bar or counter over which the sale of alcoholic beverages shall be served to the public; 3. All live entertainment and dancing shall be prohibited; 4. There shall be no sale of alcoholic beverages after midnight; 5. No alcoholic beverage shall be sold for consumption off the premises) was presented. Moved by Cooper, seconded by VanDeventer, in favor of this request. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS The request of the FRATERNAL ORDER OF EAGLES for a TEMPORARY USE PERMIT (CLASS A) to conduct "LAS VEGAS NIGHT" November 1, 1985 from 7:00 p.m. to 11:30 p.m. at 1131 Roosevelt (This activity is to raise funds for charities supported by the Eagles; the applicant also requests waiver of the $2,500 clean—up bond, $50.00 inspection fee, and $25.00 per day license fee per Ordinance No. 1227) was presented. Moved by Waters, seconded by Cooper, in favor of staff's recommendation. Carried by unanimous vote. A letter from MEYER C. WEINER COMPANY inquiring whether ORDINANCE NO. 1865 should apply to BAY PLAZA SHOPPING CENTER (This Ordinance concerns restrictions placed on beer, wine and liquor licenses; Meyer C. Weiner Company states that this Ordinance, if applicable to Bay Plaza, could have disastrous ramifications for their planned use development; when their Planned Development Permit was approved [October 2, 1984], it was after long and detailed discussions of planned uses including the bona fide sit down family restaurants which normally serve beer, wine and in one lease, liquor; see Document No. 72931) was presented. Moved by Waters, Ordinance No. 1865 not affect Bay Plaza. Discussion. Councilman Cooper reported he has a conflict of interest because he owns adjacent property. Further discussion. Councilman Waters withdrew his motion. City Book 66/Page 100 10/22/85 Attorney Eiser said he and Mr. Post discussed this problem with Mr. Greenwald; they would be affected by the Ordinance because of the proximity of their project to two other restaurants that sell alcoholic beverages; the two avenues of relief discussed were "grandfathering", or a vested right, and the possibility of a variance; with respect to both of those issues, he does not believe those avenues of relief are available; his conclusion, in looking at the material presented by Mr. Greenwald, in doing the things he had done for this project, where certain permits and approvals were granted, there was no specific approval by the City for the sale of alcoholic beverages at this location; it appears that type of development and the sale of alcoholic beverages was something that was contemplated by the applicant, and at various stages it was communicated to the City, but there was no specific permit granted by the City for the sale of alcoholic beverages; the matter of their having entered into leases was something of a unilateral expectation of the developer; the City had nothing to do with that; in the matter of CC& R's, that was a private agreement, and even though the City approves those, it was to allow the potential that there might be alcoholic beverages, all other conditions being met; even assuming the non —applicability of this Ordinance, there would still be a requirement for a C UP; it is technically possible that those use permits would be denied; with regard to the variance, under California law, a use variance is not permitted; the use would be contrary to the Ordinance and to try and obtain a variance would constitute a use variance; the applicant is not without a remedy but it would have to be legislative; there is no grandfathering by operation of law that could be accomplished by amendment to the Ordinance. Further discussion. Mr. Eiser continued, when this Ordinance was being considered, there was a C UP application being considered (La Mission), and there was some concern expressed that he should be allowed to continue with his CUP application; there was a window added providing that the Ordinance did not apply to any establishments that had applied for a CUP by July 16, 1985; that date could be extended if Council desires. Vice Mayor Van Deventer said if we don't amend this Ordinance, we will be faced with this problem in every shopping center in the years to come; we need to eliminate the 500' for sit—down restaurants. Further discussion. Vice Mayor Van Deventer spoke of the area between 7th & 8th, and Roosevelt and National City Blvd., saying if a major hotel ever wanted a facility with a beer and wine license down there, we could not do it under the regulations we have now; no major developer will want to come into that area. Further discussion. Moved by Waters, seconded by Dalla, Ordinance No. 1865 be amended to eliminate the 500' requirement for sit—down restaurants and require a CUP. Discussion. Carried, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Cooper. OTHER BUSINESS The Finance Director's CASH AND INVESTMENT REPORTS for the period ending September 30, 1985 were presented. Ordered filed by unanimous vote. Councilman Cooper com mended the Finance Director for the job he is doing. Mayor Morgan commented that there is over $2 million in sewer funds and the only thing we can use than money for is sewers; we have loaded our sewer crews with extra duties. Public Works Director Williams said they have been doing a pretty good job; Mr. Savedra runs that crew and they do a good job. Mayor Morgan said he doesn't know for sure, but he believes we might be overworking that crew. Councilman Waters requested that Mr. Williams advise Council if they need more people on the sewer crew. Mr. Williams replied he doesn't believe he needs more people at this time; he doesn't believe his people are overworked. The Personnel Director's recommended APPOINTMENT of OSCAR R. CANEDO as STUDENT COMMISSIONER, CIVIL SERVICE COMMISSION (On October 10, 1985, the Civil Service Commission, by unanimous vote, nominated Mr. Canedo to be a student commissioner on the Civil Service Commission) was presented. Moved by Waters, seconded by Van Deventer, in favor of this appointment. Carried by unanimous vote. The City Engineer's report on AE SERVICES for the LAS PALM AS GYM (Nine firms responded to our request for proposal and four were selected for interview by a Committee composed of the City Engineer, Planning Director, and Parks & Recreation Director; based on experience, fee schedule and capability, it was determined that Wheeler Wim mer Architects will best serve the needs of the project; the estimated fee of $61,000 is in the lower range of proposals received and less than 7% of budgeted construction cost; it is now appropriate for the City Engineer to enter into negotiations to arrive at a written agreement with Wheeler Book 66/Page 101 10/22/85 Wimmer Architects; when negotiations are completed, the agreement will be submitted to the City Council for approval; staff recommends the City Engineer be authorized to enter into negotiations) was presented. Moved by Van Deventer, seconded by Cooper, in favor of staff's recommendation. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer. Nays: Morgan. Abstaining: Waters. Assistant to the City Manager/Personnel Schulman's report on REQUESTS of EMPLOYEE ORGANIZATIONS concerning GROUP HEALTH INSURANCE PROGRAM (On October 1, 1985, Council authorized staff to sign an agreement with the Epler Co. in order for the City to put the groupn health insurance program out to bid; a memorandum was received from the Presidents of the employee associations outlining their desires with regard to the health insurance; see Document No. 72936) was presented. Discussion. TOM DOYLE, Attorney for NCMEA, was present and said all three association Boards of Directors agreed to request that Council postpone putting the insurance out to bid to allow them the opportunity to look further into the PERS insurance program; if it is the desire of the employees to go with PERS, it would save the City the cost of putting it out to bid; it if looks like PERS is impractical, we will come back and request that Council reactivate the money to put it out for bid. Moved by Waters, seconded by Van Deventer, in favor of a 60—day postponement. City Manager McCabe said he has no objection to this; at some point when the employees do come back, if they are interested in PERS, he is not certain that Council could just award it to them; we might still have to go through the bid process. Motion carried by unanimous vote. CITY MANAGER City Manager McCabe reported the Sweetwater Union High School District contacted the City, requesting that the City Council meet with the District Governing Board in a joint session; the suggested date was November 19 from 5:30 p.m. to 6:30 p.m.; they have suggested several discussion items, Redevelopment Agency, developer fees, and the status of Sweetwater High School. Mr.McCabe inquired if Council had any suggested items to be discussed. Vice Mayor Van Deventer said they should be advised of our standing on the redevelopment funds. City Manager McCabe said he would like to see them discuss profits of the lottery system. Discussion. Moved by Waters, seconded by Cooper, we meet with the Sweetwater Union High School District on November 19. Carried by unanimous vote. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Morgan spoke of Maria Navarro's legal fees for her appeal hearing before the Civil Service Commission, and asked the City Attorney if there was any problem with him contributing $500. City Attorney Eiser said there is no legal problem with the donation. Mayor Morgan continued, he will contribute $500 toward Miss Navarro's legal fees; we paid the legal fees for the City Engineer and this thing cost the City $15,000; he feels the City should pay Miss Navarro's attorney fees, Tess the $500 he is contributing. Councilman Waters inquired how much they were. Mayor Morgan said he did not know. Mr. Waters requested Mr. Morgan find out and bring it back to the next meeting. CITY COUNCIL Councilman Waters reported on the South Bay Softball Tournament, saying Imperial Beach won the championship, National City is second place, Coronado is third place, and Chula Vista fourth place; on November 6, the Council's OTNC Team will play the employees' team; the employees now think they will beat us; Council's team just had an off night. Councilman Dalla's report and recommendation to conduct open house workshop sessions in the various neighborhoods, meeting in schools was presented. Mr. Dalla said if Council will endorse that proposal, we can work out the details; he would envision that we could start in January and try to do it once a month until we have covered the City. Moved by Van Deventer, seconded by Cooper, in favor of this recommendation. Discussion. Carried by unanimous vote. Book 66/Page 102 10/22/85 Councilman Dalla spoke of the League of California Cities Dinner meeting sponsored by National City last week, saying it seemed to be one of the better meetings, and commended staff for their efforts. Vice Mayor VanDeventer said more people should attend those meetings; it would improve our City. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., November 12, 1985. Carried by unanimous vote. The meeting closed at 8:22 p.m. CITY CLER The foregoing minutes were approved at the regular meeting of November 12, 1985. Corrections No orrections AYO CITY OF NATIONAL CITY, CALIFORNIA