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HomeMy WebLinkAbout1984 01-10 CC MINBook 64 Page 19 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 10, 1984 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: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Bolint, Campbell, McCabe, McLean, Post. 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 Camacho, seconded by Van Deventer, the minutes of the regular meetings of December 20, December 27, 1983 and January 3, 1984 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's proposed reappointment of Cornelia Warren (Vice Chairperson) to and Community Development during 1984 Van Deventer, seconded by Camacho, Carried by unanimous vote. Daniel Murphy (Chairman) and serve on the Committee for Housing was presented. Moved by in favor of these reappointments. The Mayor's proposed reappointment of Alex Torres, Charles V. Howrey and Roy G. Fierro to the Traffic Safety Committee was presented. Moved by Van Deventer, seconded by Camacho, in favor of these reappointments. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The CONTINUED PUBLIC HEARING on APPEAL of Planning Commissior.'Resolution 26.83, DENYING an APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES from 12 midnight to 2:00 a.m. at McDini's Baja Restaurant, 105 E. 8th St., CUP-1983-5 (Applicant is requesting Conditional Use Permit to allow the sale of alcoholic beverages from 12 midnight to 2:00 a.m. as an incidental use at McDini's restaurant; a prior application for zone variance to allow a similar use at these premises was denied without prejudice by the Planning Commission on September 9, 1982; this decision was followed by an "appeal" of Planning Commission's denial on October 26, 1982; the denial was upheld by Council for legal reasons related to the eligibility of the variance under State Law; the new application is a Conditional Use Permit request instead of a zone variance; different findings are required; in their denial of this application, the Planning Commission referenced the Book 64 Page 20 he was present to answer any questions Council might have. Mr. Kolodny continued, he believes this application should be approved; McDini's Baja is different from the establishments Council and the Police Dept. have expressed concern about; Mr. Dini did not want to be conditioned to serve food after midnight in order to get the CUP; all they are asking for tonight is extended hours. Discussion. Mr. Kolodny said if it makes economic sense to serve food until 2:00 a.m., they will do so; they are trying to meet the needs of the community; there have been no police problems at McDini's Baja; the patrons who frequent McDini's are different from the patrons who frequent the places Council is concerned about. Further discussion. MARY LOUISE MARTIN, 1527 E. 15th St., was present and said Mike Dini was a personal friend of hers, and she enjoyed eating at McDini's; however, there is a police problem in the area and she agrees with the Police Dept. Further discussion. No one else was present to speak in this regard. Moved by Van Deventer, seconded by Dalla, the Public Hearing be closed and the CUP be denied. Discussion. Mr. Kolodny requested the hearing be continued, Council's decision be made without prejudice, and applicant be allowed to file again without paying another fee. Moved by Waters, the applicant's fee be refunded. Motion died for lack of second. City Attorney McLean said he would not recommend the hearing be continued; it would have to be re -noticed anyway and it would have to go back to the Planning Commission. Further discussion. Moved by Waters, seconded by Van Deventer, the motion be amended to include without prejudice, and if the applicant files again, the fee will be waived. Motion and amendment carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The PUBLIC HEARING on CHANGE of ZONE to APPLY the MOTEL PLANNED DEVELOPMENT (MPD) COMBINING ZONE to various properties in National City (On October 25, 1983, Council approved a set of motel development standards, including the Motel Planned Development Combining Zone; now that the overlay zone has been created, it can be applied to individual properties; with direction received from the Planning Commission and Council, staff has suggested a series of properties which may be suitable for motel development; criteria used include proximity to freeways and major arterials, compatibility with adjacent land uses, and physical suitability of the site LSee Document No. 69827]; Planning Commission and staff recommend approval of the change of zone) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Post said Planning Commission and staff recommend approval. Councilman Van Deventer spoke of the area of National City Blvd./Roosevelt, between Division and 15th, saying the area extends East of National City Blvd.; this backs up to a lot of residential areas. Discussion re Tidelands area in the Port District. City Attorney McLean said the zones can be changed, but cannot be expanded. Mr. Post said there is another General Plan hearing coming up in February. MARY LOUISE MARTIN, 1527 E. 15th St., was present and said her one concern was where the zone will come to on 15th. Councilman Van Deventer said it would only be on the West side. Further discussion. No one else was present to speak in this regard. Moved by Van Deventer, seconded by Waters, the Public Hearing be closed, the combining zone be approved with modifications to delete the area East of National City Blvd. from Division to 7th, between National City Blvd. Book 64 Page 21 The PUBLIC HEARING on APPEAL of Planning Commission's APPROVAL of the RO' OSED USS of property at e:)Y E. Fth St.. to ALLOW CONSTRUCTION of a :-,LLF-SERVICE GAS STATION and AUTOMATIC CAR WP3H facility (Applicant. .ie:taco, USA, proposes to demolish and remove all existing buildings .arr,d st:: improvements for construction of a new facility consisting of ciFs pump island canopy, a 7' x 14' cash booth, and an 18' car wash r ! automath, tc! an : perated, Jr_v?.-thru] ; use of the car wash 1c ' 1 by tokens given by employees r_.r duty with fuel fill -up; the :! i ng Commission ;vorcN;ed so.bject to 12 conditions listed in Planning Resolutior. 5E.-•83; staff co.'.curs with the Planning Commis .on's imenda.tionl was held at this time. The City Clerk reported the ::`.davit of Mailir.y a.'d Certificate cc Publication were on file. r•lanning Director Post said tlic Planning Commission and staff recomni.,u approval. DAVE MADSEN (Texaco), 3350 Wilshire Blvd., Los Angeles, Baas present and said he was appearing to answer any questions Council might. _►:c.ve. Mr. Madsen said the facility will be attended at all times during open hours. i'lann:ing Director Post said conditi.m 7 on the Resolution provides for catch basins that will take care of any run-off. Mr. Madsen continued, their intent is to try a 24-hour operation; if it does not work out, they will decrease the hours; hours of the car wash are not conditioned, but will be from 6:00 a.m. to 10:00 p.m.; accoustical tests were done, and noise generated from the car wash will be less than street noises; only one person is needed to operate the facility; it will be computerized. LOUISE ATTAWAY, 2115 E. 5th St., was present and said she thought it was a good idea to have another car wash facility. Discussion re putting chains across the driveways when the total operation is closed. No one else was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, this application be approved subject to the Planning Commission's conditions, and chains to be put across driveways when operation is closed. Carried by unanimous vote. The CONTINUED PUBLIC HEARING to OBTAIN the VIEWS of CITIZENS and to respond to proposals REGARDING the preparation of an APPLICATION to the State of California, Dept. of Housing and Community Development for a GRANT under the federally funded SMALL CITIES PROGRAM (Executive Director, Community Development Commission recommends the City apply for the maximum Small Cities Grant of $600,000, to be distributed as follows: a. Home Improvement Loans to owner occupants with incomes below 80% of the median income for the San Diego Area - $400,000; b. Multi -family residential property improvement loans [ 1-7_ units] where tenant families are of low and moderate income and where the owner agrees to rent limitations and/or actually rents to families and individuals on the Section 8 Existing Housing Payments Program, within the National City Downtown Redevelopment Project - $200,000; staff recommends approval of filing of this application) was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present to answer Council's questions. Lengthy discussion. MARGUERITE PEREZ, 2741 'A' Ave., was present and asked how the loans for low and moderate income people would be advertised. Mr. Peterson replied they are advertised periodically in the Star News. Further discussion. No one else was present to speak in this regard. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed and the recommendations of the Community Development Commission be approved. Carried by unanimous vote. Book 64 Page 22 hem7ing is to receive views, comments and proposals from National City citizens, especially those of aod'rate inc.ome, and residents of h3.icht0 7:-aff Cotuicil the Commllnity Devei • to the held at this time. AIZANOLD PETC; 3xecuti \ 7(112w.A t-;• Development Commission, was present to answc?r s Fcterson said this is an application to the State of Cali-j:crnia $600,000 to construct handicapped ramps in the down\own pr.oject. No one was present to speak in this regarst;. Mov.2d by Van Deventer, seconded by Dalla, the Public r,?commendations of the Community Development Commiss:Zon be --- Discussion. Carried by unanimous vote. (Item 40) Vice Mayor Dallals letter re two-hour parking on the 600 block of 'A' Ave. (This is exclusively a residential street with few driveways; the new parking enforcement program has resulted in a number of residents receiving citations; Vice Mayor Dalla referred this matter to the Traffic Safety Committee for review and recommendations, and is requesting Council to authorize suspension of the 2-hour parking limitation at this location until the Traffic Safety Committee review is completed) was presented. City Engineer Benzing said the Traffic Safety Committee has received quite a few requests to take a look at this parking restriction; this item is on the Traffic Safety Committee agenda for tomorrow. Ordered filed by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,208, "RESOLUTION FINDING AND DETERMINING THAT A HOME IMPROVEMENT LOAN PROGRAM AND A RESIDENTIAL. RENTAL PROPERTY IMPROVEMENT LOAN PROGRAM WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY DEVELOPMENT COMMISSION TO PREPARE A NEGATIVE DECLARATION THEREFOR." Moved by Waters, seconded by Van Deventer, Resolution No. 14,208 be adopted. Carried by unanimous vote. Resolution No. 14,209, "RESOLUTION AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT COMMISSION TO PREPARE AN APPLICATION FOR A SMALL CITIES GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,209 be adopted. Carried by unanimous vote. Resolution No. 14,210, "RESOLUTION FINDING AND DETERMINING THAT A PROGRAM OF CONSTRUCTION OF RAMPS FOR HANDICAPPED PERSONS AT STREET INTERSECTIONS WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY DEVELOPMENT COMMISSION TO PREPARE A NEGATIVE DECLARATION THEREFOR." Moved by Waters, seconded by Van Deventer, Resolution No. 14,210 be adopted. Carried by unanimous vote. Resolution No. 14,211, "RESOLUTION AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT COMMISSION TO PREPARE AN APPLICATION FOR A "JOBS BILL" GRANT (PUBLIC LAW 98-8) FROM THE STATE OF CALIFORNIA, DEPARTMENT unrTcTM ryNikewsr rsry. VT, ,111,1./1,%9••• ” Book 64 Page 23 Resolution No. 14,213, "RESOLUTION ESTABLISHING 'NO STOPPING ANY TIME' ZONE ON THE WEST SIDE OF GROVE STREET FROM PLAZA BOULEVARD TO 190-FEET SOUTH OF PLAZA BOULEVARD, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,213 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,214, "RESOLUTION APPROVING THE TEMPORARY RENTAL OF DWELLING UNITS LOCATED WITHIN THE PALM VIEW TERRACE (ADMIRALTY) CONDOMINIUM PROJECT OF 940 PALM AVENUE." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,214 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. Resolution No. 14,215, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 'A' AVENUE BETWEEN TWENTY-SECOND STREET AND TWENTY-FOURTH STREET (Case File No. SC-1-83)." Moved by Waters, seconded by Morgan, Resolution No. 14,215 be adopted. MARGUERITE PEREZ, 2741 'A' Ave., was present and inquired if a public hearing would be held on this item and would they be notified. Ms. Perez was adviser she would receive notice. Councilman Waters said the public hearing wot.-d be on February 14. Motion carried by unanimous vote. Resolution No. 14,216, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE TWENTY-SEVENTH STREET BETWEEN NATIONAL CITY BOULEVARD AND 'A' AVENUE (Case File No. SC-2-83)." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,216 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,217, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE HARRISON AVENUE, BETWEEN 17TH AND 18TH STREETS; SOUTHERLY 40 FEET OF 17TH STREET, BETWEEN THE ALLEY WEST OF CLEVELAND AVENUE AND HARRISON AVENUE; AND NORTHERLY 75 FEET OF THE 20 FOOT WIDE ALLEY BETWEEN 17TH AND 18TH STREETS, CLEVELAND AND HARRISON AVENUES (Case File No. SC-3-83)." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,217 be adopted. Discussion. Carried by unanimous vote. ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1810 (13/W83-1), "ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING GARAGE SALES." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1810 (12/103-1) be adopted. Discussion. Carried by unanimous vote. OLD BUSINESS The Police Chief's report on ESTABLISHING a COMMITTEE on FALSE ALARMS and appointing.a Chairman of such committee (On December 20, 1983, Council approved staff recommendations to establish a "False Alarms Committee" for the purpose of reducing the frequency of false alarms in the City through education and cooperation; staff recommended the committee be composed of one City Cour.^ilman, the Chief of Police, members of the Chamber of Commerce and alarm industry representatives [See Document No. 69847]) was presented. Moved by Camacho, seconded by Dalla, Councilman Van Deventer be appointed to this committee. Book 64 Page 24 The City Manager's report on FINANCE DIRECTOR POSITION (See Document No. 69849) was presented. City Manager McCabe said this report gives a salary survey for both positions in the San Diego area, and some re.cormendations that should be followed, should Council decide to do this. Councilman Waters said most cities in San Diego County do not have elected treasurers; all cities have Finance Directors; in 1967, the City adopted an Ordinance creating the position of Finance Director, separate from the elected City Treasurer; at that time, the elected Treasurer was appointed Finance Director and has served in both capacities until the present; she has now decided to retire; the only requirements to run for City Treasurer are: Candidate must be of legal age, must be a registered voter and must reside in National City; by allowing the City Manager to appoint a separate Finance Director, he can select a qualified person. Discussion. Councilman Camacho said the elected City Treasurer should have a salary commensurate with the City Council. Further discussion. Moved by Dalla, seconded by Camacho, the report be accepted, the class specifications for Finance Director contained in the report be adopted, the salary band for Director of Finance be affirmed at $2580-3580, existing compensation benefits be retained by the Director of Finance, a salary level for the elected Treasurer be established commensurate with that of the City Council, the annual budget be changed to reflect a separate position for the Director of Finance, and the position of Director of Finance be filled. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 25, dated December 20, 1983, in the amount of $48,900.28 (Warrants Nos. 82199 through 82260 [void 82199]), CERTIFICATION of PAYROLL for the period ending December 15, 1983, in the amount of $251,052.39, RATIFICATION of WARRANT REGISTER NO. 26, dated December 27, 1983, in the amount of $169,500.69 (Warrants Nos. 82261 through 82309 [voided 82261 & 82268], and RATIFICATION of WARRANT REGISTER NO. 27, dated January 3, 1984, in the amount of $99,384.67 (Warrants Nos. 82310 through 82381 [void 82310]) was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The CLAIM FOR DAMAGES of San Diego Gas & Electric Co., arising from an accident on October 5, 1983, and filed with the City Clerk on December 19, 1983 was listed on the agenda, but was not presented. The City Clerk reported this claim has been withdrawn. The CLAIM FOR DAMAGES of Julia Hernandez, arising from an incident on June 3, 1983, and filed with the City Clerk on December 19, 1983 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIMS FOR DAMAGES of Patrick Castro and Francisco Castro, arising from an incident on September 25, 1983, and filed with the City Clerk on December 23, 1983 was presented. Moved by Camacho, seconded by Van Deventer, these claims be denied and referred to the City Attorney. Carried by unanimous vote. Th.n !`T ATM LYID TAM A( C esf !7.1 ,ri , D Dl,l Book 64 Page 25 The CLAIM FOR DAMAGES of Howard V. Stutz, arising from an accident on G,: t^ -= 6, 1983, and filed with the City Clerk on January 3, 19z,l wa3 pr nted. Moved by Camacho, seconded by Van Deventer, this clam br, d d and referred to the City Attorney. Carried by unanimous vo :e. The CLAIM FOR DAMAGES of Samuel Pacheco, arising from an accident on Dccember 16, 1983, and filed with the City Clerk on January 4, 1984 was p'- ._rented. Moved by Camacho, seconded by Van Deventer, this claim be dr,,_ed and referred to the City Attorney. Carried by unanimous vote. The application for ON -SALE BEER AND WINE LICENSE, TYPE 41, PERSON TRANSFER, of Raul Robledo, dba RAUL'S MEXICAN FOOD, 2414 Hoover Ave., Stes. C, D & E (Police, Planning and Building Departments state no objections) was presented. Moved by Van Deventer, seconded by Waters, in favor of this application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The application for OFF -SALE BEER AND !'DINE LICENSE, TYPE 20, of Edward E. Brammer, Inc., Edward E. Brammer, Pres., Marjorie Brammer, Sec/ Treas., dba ED'S SELF SERVICE SHELL, 1601 E. 8th St. (Building Dept. states no grounds for objection; Police Dept. protests the issuance of this license on the basis that it would aggravate an existing police problem; the Police Dept. will withdraw the protest if the applicant agrees to the following conditions: 1. The present character of the business will not be changed unless the license to sell alcoholic beverages is removed from the premises; 2. The sale of alcoholic beverages must be incidental to the sale of all other products; the total revenue gained by selling alcoholic beverages cannot exceed the revenues gained through the sale of all other products; 3. Sale of alcoholic beverages can occur between the hours of 6:00 a.m. and 12:00 midnight only; the Planning Dept. concurs with the Police Dept. objection; in addition, Section 18.98.190, National City Municipal Code provides "the sale of gasoline is prohibited except in service stations; the sale of non -automotive products in service stations is prohibited.") was presented. Moved by Waters, seconded by Dalla, this lickmse be protested on the basis of the Police Department's and Planning Department's recommendations. Discussion. Vice .,ayor Dalla asked the City Attorney to prepare guidelines for denial of liquor licenses in the downtown redevelopment area. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters. Nays: Nome. Abstaining: Van Deventer, Morgan. The application for ON -SALE BEER AND WINE LICENSE, TYPE 41, of Afram, Juliet & Amad AI -Sheikh, dba BELLA ITALIA, 1903 Highland Ave. (Building Dept. states no grounds for objection; Police Dept. protests issuance of this license based on the fact that the unconditional issuance of this license will aggravate existing policing problems in the area and adversely affect nearby residents; the Police Dept. will maintain the protest unless applicant agrees to the following: 1. No coin operated amusement devices will be allowed on the premises; 2. No pool tables will be allowed on the premises; 3. No dancing or live entertainment will be allowed on the premises; 4. No alcoholic beverages may be dispensed over a bar or counter; 5. Hours of operation cannot exceed 11.nn r m • A l:rsr,rl Book 64 Page 26 of staff's recommendation. Carried, by the following vote, to -wit: i\••-s: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: N an. Ty:: :.:.implication for ON -SALE BEER LICENSE, TYPE 40, of Harold F. Dodds, \STERN STEAK HOUSE, 704-06 National City Blvd. (Building Dept. s-:--.•?s no grounds for objection; Police Dept. recommends this license be p,-c.- ->sted on the basis that issuance would aggravate an existing pu?_ic problem and applicant has not demonstrated an adequate public i1•2c1 or convenience; within the general area of this premise, there e:.:.st almost 30 businesses selling food and/or alcoholic beverages; the afea in which the proposed premise is located is commonly referred to at the "downtown area" and consists of 8 square blocks containing a variety of businesses --almost 30 of which are adult oriented restaurants, bars, liquor stores, book stores and theaters; in a 3-month period in 1981, 37% of all adult arrests made in the City occurred in this area; most of these arrests were directly related tc excessive use of alcoholic beverages; the situation improved in 1983 due to increased police efforts and cooperation with local business owners and the Navy; however, this area still requires an Inordinate amount of police resources; Planning Dept. concurs with Police objection; in addition, the type of license applied for authorizes the sale of beer and wine as more or less a "principal use"; no restaurant is required, whereas a type 41 license would require that the restaurant be maintained) was presented. Moved by Waters, seconded by Van Deventer, this license be protested on the basis of staff's recommendations. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 57-83, APPROVING CONDITIONAL USE PERMIT to ALLOW DEVELOPMENT of a new CHURCH at the Northeast corner of 8th & 'V', and DEMOLITION of EXISTING CHURCH BUILDING at 2145 E. 8th St., CUP-1978-10 (applicant proposes to construct a new two-story church building on vacant and unimproved property that contains a total land area of 17,052 sq. ft., and is located at the NE corner of 8th St. and 'V' Ave.; two phases of construction are proposed; the first phase involves development of the chapel, dressing rooms, baptistry, restrooms, cry room and offices, with a treasurer's office on the second floor [6,026 sq. ft. of floor area for the first floor and 343 sq. ft. for the second floor; phase two involves development of a social hall, kitchen and offices having a combined floor area of 2,400 sq. ft.; upon completion of the new church facility, the existing church building, located across 'V' Ave. to the West [NW corner of 8th & 'V'] will be demolished and the site improved for parking; the existing minister's residence, located North of the existing church building, will be converted to provide an education building and the adjacent yard areas on the East and West sides, improved as play yards; the proposed church site has a combined zoning and general plan designation of Limited Commercial and the parking lot site is Residential Multi -Family Planned Development; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. D7 �nni n� (r.rnmi c ci �r� D.�c�l ••ti ter• N.. ZSZ_Q Q ArononwrmC rVIMTTTTl1TTAT TTCL` Book 64 Page 27 frontage, 5% of the parking facility will be landscaped; 7 parking spaces are proposed; staff concurs with the Planning Commission's ?roval) was presented. Ordered filed by unanimous vote. P:'anning Commission Resolution No. 59-83 DENYING APPLICATION for PLANNED DEVELOPMENT PERMIT to ALLOW DEVELOPMENT of an 11,000 sq. ft. COMMERCIAL EUILDING to be used for RETAIL FURNITURE SALES within the 2100 block of Plaza Blvd., South side, PD-3-83 was presented. The City Clerk reported this has been appealed by the applicant. Moved by Waters, seconded by Camacho, this item be set for public hearing on January 24, 1984. Carried by unanimous vote. Planning Commission Resolution No. 60-83, APPROVING ZONE VARIANCE to ALLOW an 18 FOOT WIDE by 40 FOOT LONG PATIO to be constructed on the side and rear property lines and EXCEED the 50 PERCENT COVERAGE RULE at 1706 Prospect St., Z-16-83 (City Code requires that detached accessory structures be set back from side and rear property lines at least 4'; that the aggregate area of all accessory structures shall not exceed 50% of the rear yard area; this variance would allow the proposed patio to be constructed on the side and rear property lines [SE corner of the property] and exceed the 50% coverage rule by 151/2% or 95 sq. ft.; in support of this application, the applicant states that "there are no surrounding residential homes within 80' of the proposed patio; rear yard area now being used as a garden with fruit trees; trees will be maintained to give a pleasant view from all surrounding residences."; Notice of Public Hearing was published in the National City Star News; a copy of said notice was directed to all property owners of record within 300' of the boundaries of subject property; no protests were received; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. The report of the TRAFFIC SAFETY COMMITTEE from their meeting of December 14, 1983 was presented. Moved by Waters, seconded by Camacho, the report be approved and filed. Ca:ried by unanimous vote. The City Engineer's report on TREE REMOVAL AND CURB, GUTTER AND SIDEWALK REPAIRS at various locations, Engineering Spec. No. 935 (On October 18, 1983, Council directed staff to proce,d with this project with the stipulation that "if anyone has strong objections, the matter is to come back before Council before the trees are removed."; the contractor has started work and staff has received objections to tree removal from 9 properties; no work will be done at these locations pending a Council decision; not correcting the existing dangerous conditions could expose the City to injury liability) was presented. KATHLEEN , 2731 'K' Ave., was present to speak for her parents, Mr. & Mrs. Charles Riggs; they signed a protest against removing the tree in front of their house; last week she called the Engineer's office again protesting the removal of the tree. Discussion re cancelling the contract. City Engineer Benzing said the contract involves more than removing trees; it also included repair of defective curbs, gutters and sidewalks at various locations; there were 61 locations where it was necessary to remove trees; to date the contractor has replaced several thousand square feet of sidewalk at various locations and removed trees at various locations. Discussion re the City' c 1 i ahi 1 i ty -Env riofoi-ti vo ci rlc.oal l.-c (`i t.. ett^rc,4A Book 64 Page 28 property owner. City Attorney McLean said a waiver would only be valid, it is valid at all, with that property owner; it would not be valid the liability for anyone else that could be injured if the tree is w.kened and falls; the cost would be reflected in the City's insurance Further discussion re the City Attorney's failure to send J;,t*rs to each property owner who had protested the tree removal, the liability involved. Moved by Van Deventer, seconded by the City Attorney be directed to send registered letters cning the liability involved to the 9 protesters, in the meantime, contractor can work around these areas, and an alternate solution be sc•'.+.yht for the tree at 2731 'K' Ave. Discussion. CHUCK WALTERS, 14636 El Monte, Lakeside, was present and said if the trees are deep -watered, the roots will not break the sidewalk. LOUISE ATTAWAY, 2115 E. 5th St., was present and said trees had been removed around the swimming pool parking lot, and inquired what the City planned to do with the parking Jot. Mayor Morgan asked the City Manager to bring back a report on that. Further discussion. Motion carried by unanimous vote. The City Engineer's report on PROJECT to OVERLAY 9th Street East of 'R' Ave. (staff has prepared the contract documents to overlay 9th St., East of 'R' Ave.; letters have been sent twice to all adjacent property owners requesting their signatures on the Temporary Street and Alley Pavement Policy Agreement; to date, only one property owner has signed the agreement; staff received a phone call from one of the residents who said she and two other property owners would not sign the agreement, since they felt it would obligate them to a future debt; staff explained that this agreement in no way obligates the residents to a future 1911 Act; private water service has been ilwered by the owner; staff does not see any alternatives for the collection of trash; if the trash truck did not go to the homes, the residents would have to carry all their rubbish about 400' down a 40' high hill; staff does not feel this is practical) was presented. Moved by Van Deventer, seconded by Camacho, the City Engineer and City Attorney meet with these people on their own property and try to explain this to them before Council takes any action. Discussion. Carried by unanimous vote. Vice Mayor Dalla's memo re two-hour parking zone on 600 block of 'A' Avenue (See Page 22, Para. 2). CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No reports. MAYOR Mayor Morgan spoke of the problem of drainage at Edgemere; a pond has formed and an older couple has been standing guard there trying to keep children away; it is a dangerous situation; if a child were to fall in, he could not get up the steep slope. City Attorney McLean recommended it be fenced. A report from staff was requested to be brought back next week. Mayor Morgan distributed a letter (from Liz Conti) to all Council members. (To be on 1/17/84 agenda) Book 64 Page 29 Vice Mayor Dalla requested the Clerk to read a Resolution and to number whatever is the consecutive number. !;_ !oilman Camacho said while she's doing this, he wanted to announce retirement from the City Council; he will not be running for office coming election. Mayor Morgan commented, "There's been lots of :.less since you've been here, Louie." Councilman Camacho thanked ayor. ;:ity Clerk read aloLd: "RESOLUTION OF SUPPORT FOR THE CITY MANAGER" "WHEREAS, the laws of the State of California under the City Manager form of government requires the Manager to run the day to day affairs of the City free from interference from individual members of the City Council and, "WHEREAS, the City Manager has worked diligently to abide by those statutory requirements and still keep the full Council informed of pertinent items and other matters requiring Council policy decisions and, "WHEREAS, the City Manager and his staff have been doing an exceptional job despite the difficult political environment in which they sometimes operate and, "WHEREAS, under the guic:ance of the City Manager, the City has successfully met the challenges of these difficult economic times while maintaining a high level of community services and a sound fiscal position and, "WHEREAS, efforts are being made by one member of the City Council to criticize and unjustly discredit the City Manager in the eyes of the public in a manner and to a degree the City Council considers appalling, improper and totally without merit. "NOW THEREFORE BE IT RESOLVED, that he City Council of National City does hereby acknowledge and commend with appreciation the efforts and performance of City Manager, Tom McCabe, and extEnd to him our full and continued support and confidence. "PASSED AND ADOPTED this loth day of January, 1984." Moved by Dalla, seconded by Waters, that Resolution be entered into the record in its entirety, and be approved. Carried, by the following vote, to -wit: Ayes: Camolcho, Dalla, Van Deventer, Waters. Nays: Morgan. Vice Mayor Dalla said: "Under discussion --it relates to that particular item. I think it's no mystery or secret that Mr. Morgan has some difficulties with the City Manager, and that he has indicated willingness to go to some rather extreme lenghs to demonstrate that. I have nersonally tried to figure out what the reason would be. We all Book 64 Page 30 to do with the current City Manager Tom McCabe. The real problem that the Mayor has is with the City Manager form of government. The issue comes down to power. The Mayor has been in office as Mayor for 18 years. He's been on the City Council for 23 years. During that time he has come to expect that things happen that he's involved in; things don't happen if he's not involved in them. He's come to accept or expect that everything that goes on, he is consulted on. It is difficult for him to accept, I believe, the fact that a number of positive things on..^ni.ng occur without having to consult him, or without requiring his day- —'-'ay involvement. I think it's also difficult for the Mayor, particular,y of late, to accept the fact that on occasion, the City Council is not clot ng to agree with him. Now in terms of historical perspective, that doesn't happen that often; not often enough to justify his being concerned about it. I think we recognize that that is part of the process that we're involved in --government. The Mayor, in my estimation, sees both of these elements as a threat. Unfortunately, or fortunately, he recognizes that he can't really do too much about the City Council; he can't go after the City Council as a body; or if he does, he has to be very careful about that. He's a shrewd politician in that respect. The Mayor has to limit and focus his frustration and concern about this threat to his control by going after the only other source of power that there is, which is the City Manager. I firmly believe that no matter who is occupying the City Manager's office, after a period of two to three years, after they begin working closely with the City Council, after they begin to know where everything is and how to accomplish things, that the Mayor would find it difficult to continue functioning with them. And if you look at past history, the previous -:wo City Manage: s were here for a given period of time, and after a while they met with disfavor from the Mayor. I think it's sad to see the results of the Mayor's frustration. The results, as indicated by his recent brochure (See Exhibit 'B' attached.), affect the Manager, they affect the City, the staff, and they affect the Council, all in a very unjust and unnecessary manner. I have to say that Kile Morgan is not the same Kile Morgan that I have known over the last ten years. Most recently, he's a different person, and I'm not sure why the sudden change, but it certainly seems to be there. Demanding that the Police Department provide a 24-hour guard on his door would concern me if I were a citizen. Going out to a private locksmith to get a new lock put on your dcor would concern me if I were a citizen. Being very very upset because there's a dictaphone recording machine on his telephone line, and he thinks people are listening in would concern me if I were a citizen. And most recently, and most profoundly, what would disturb me, and what disturbs me as a Councilman, is the brochure (Exhibit 'B') that the Mayor most recently sent out. In my estimation, it was a very desperate attempt on his part to place the City Council in a bad light. But more importantly, he did a greater disservice to the City Manager by trying --not by trying, by definitely questioning his credibility, his integrity, his honesty and everything else about him. I'm appalled and amazed at the length that some people will go to to get their way. The Mayor's brochure which I assume everyone has received, was dramatic in its absence of veracity, and it demonstrated on the Mayor's part a very selective memory for facts and events. I look forward in the very near future to providing details on those events, so that the public can form their own informed opinion. But I want everyone to understand and rest assured that this event is not over because the Mayor will continue to pursue it. HP a0Ps Book 64 Page 31 involved in them. We give the direction, and the staff carries it out. Ard if anyone tells you otherwise, they're not being honest with you or th mselves. And that primarily, and specifically, is the reason for the Rsolution. I think it's time that the City Council stand up and be cc'.,,ted and demonstrate that the whole City Council is elected by the p-.0::.1e to act on the best interests of the public. And that's what I ire;1d to continue doing, and I'm confident and hopeful that the rQst of the .ouncil will do the same." Councilman Waters said, "I'd like to ad lib a little bit on that a: Ia the Mayor's brochure (Exhibit 'B') that all of you got, it indic.:' that the City Manager approved all these things on his own. I want y.: to know that it's a matter of public record, and we have copies alrea.;:y r:;r<e, to show you that each and every item that he listed was approved and brought before this City Council. So there's a reason --a strong .r=-..son. I know what people are saying --he's not getting the action out 1-z.ere that he thought he was goint to get from this. In fact, I think it's backfired a little bit on him. And if he pursues it, we'll c�monstrate that and show you what really has taken place here. In fact in here it says, 'This is what happens when you don't let the Council know in advance what large sums of money are being spent.' The City Manager has no power to spend a dime without getting it approved before this Council. But he thinks that you, the general public, is not smart enough to figure that out. Every year we approve a budget up here, and what's in that budget, he must abide by. He can't spend anything outside that budget unless it comes right up here. And those items have been here. I know he spent a lot of money to put these (brochures) out, and the Council doesn't normally have that kind of money, but if something like this continues, I think the general public ought to take the time to come down here and read these items, and you'll find that :his gentleman, in this case, is a little mixed up. And I don't understand; he's been in office here a long time, and he's done a fine job in general. All the things that have been accomplished here --naturally he can't do anything without a 3-2 vote up here, so the Council had something to do with it. The point is. in general he has done a good job in leadership. And I can't understand that all the people that were generous enough to support him all these years, he's willing -co put out this type of information to the public that is fay from the truth, and the general record sure would show that. And I think that's a slap in the face to the people that supported him all these years. Because if I was in the Mayorship position like he's been for about 20 years, and had this City pick up from nothing to what it is today, beautiful developments going on, I would --if I was him, I'd sit in that center seat and kinda sit back on my laurels and say 'Boy, we've come a long way.' and try and cooperate with the general public, and with the City Council. This City Council has worked hard, we went along with many of his projects, but when someone puts something like this (brochure) out to the general public, it needs to be answered. And I'll tell you this, I think this is uncalled for, and I think what dignity and so forth has been established by this man has been tarnished because of this. There's no need for him to have to do this because he is respected in general. But this kind of stuff --that respect I'm sure will dwindle, and dwindle in a hurry. And I'm just sorry for him that he done something like this, and in fact in general, I happen to like this individual. But I don't buy that kind of stuff_ and if hU thinhc this Book 64 Page 32 concerned at the same time about a part-time City employee that's compensated to the tune of $84,000 a year. I invite anyone that would be interested to check --verify my figures, in the event that you think I'm wrong. The City Attorney of National City is paid a full time salary, but he works part time and that's being generous. If you would like to check the City Budget, page 63, compensation for the City Attorney is $48,000. If you add to that 25%, which is conservative, for additional salary --excuse me, for additional benefits such as sick leave, vacation and medical benefits, etc., that's an additional $1.2,000. You add the salary for the Community Development Commission and the Parking Authority which are included, or contained in their budget -- that's an additional $24,000 a year, with a grand total of $84,000. And as I said, he essentially works part time at best. Now the Mayor will have you believe that the City Attorney writes all the Ordinances and Resolutions. That's not true. If you want to come by during the week, you can find staff members writing Ordinances and Resolutions. The Mayor will tell you that the City Attorney attands all the Board and Commission meetings. That's not true. If you had come to the last two months of Planning Commission meetings, he was absent more than he was present. The Mayor will tell you that the City Attorney wins all of his cases. If you would like a list of cases that he did not win, I'll be happy to provide one. I just think it's unfortunate that the Mayor's not concerned about a part-time City employee that is paid by the City and the citizens of National City $84,000 a year. I've been concerned about it for a long time. The Council, on occasion, has triiid to remedy the situation, and they've been unsuccessful. I would hope that in the upcoming election, perhaps the candidates in that election can seriously address the issue and be called to task for how they would deal with it. That's all." ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 4:00 p.m., January 17, 1984. Carried by unanimous vote. The meeting closed at 9:45 p.m. ITY CLERK The foregoing minutes were approved at the regular meeting of the City Council on January 17, 1984. Corrections V No Co i' tions MAY CITY OF NATIONAL CITY, CALIFORNIA 1/10/84 City of National City Office of the Mayor 1243 National Ave., National City, Ca. 92050 (714) 477-1181 Kile Morgan —Mayor December 2, 1983 TO: FROM: RE: MEMO City Council Mayor Morgan Advertised Opening, Public Works Department Book 64 Page 33 EXHIBIT 'Al There is an opening for Equipment Operator I that is being advertised now for Public Works. It came to me that that spot was spoken for long before the city was through ad- vertising. There is somebody in the Park Department by the name of "Joe" that is going to get that job. I am unaware of the last name at this time. KILE MORN Mayor KM/ev P.S. Today, December 7, 1983, I found out the name of the man chosen for the job: Joe Ibara. Office Of Jhe Mayor 1243 National City Boulevard National City. California 92050 MAYOR KILE MORGAN 13,14 U ' I'uy,,co PAID I',anu1 \n 1) OR CURRENT RFtill)FN1 OFFICE OF THE MAYOR KILE MORGAN REPORT TO THE PEOPLE OF NATIONAL CITY Dear Fellow Citizen: As you know by now, a majority of the City Council has voted to separate the duties of Finance Director from the duties of City Treasurer. This will remove control from the City's Treasurer. The proposal will allow the City Manager to appoint a Finance Director, who will exercise most of the functions now performed by our directly elected City Treasurer, Ida Mae Kerr: I am now, and will always be, opposed to removing the financial control of the City from directly elected officials, and placed in the hands of the City Manager's staff. Already, there is too much fiscal responsibility in the hands of the Manager. I think it is bad government for any majority of the City Council to be able to influence the affairs of the City Treasurer's office by putting primary financial duties in the hands of an employee who does not answer to the electorate. As long as I am your Mayor, and responsible to you for the correct administration of the City's financial affairs, I will continue to fight to keep the fiscal affairs of National City in the hands of directly elected Treasurer. I will keep you posted on this important development. Sincerely yours, Kile "Morgan Mayor, City of National City Book 64 Page 34 EXHIBIT "IV' Please cut and insert in envelope and mail to: Office of the Mayor 1243 National City, Blvd. National City, CA 92050 Please complete the following questions for me. 1. Do you think that the elected City Treasurer should continue to be DYES NO responsible for all the financial affairs of the City? 2. Do you think that the voters should make the decision to change the OYES NO duties of the City Treasurer? 3. Do you think the Mayor is doing a good job? 4. Do you think the City Managers Office should take over the financial affairs of the City? 5. Do you think the City Council is doing a good job? 6. Do you think our police are doing a good job? 7. Do you think that industrial businesses should be required to use more decorative fencing like. rod iron rather than chain link fencing there front yards? OYES NOD DYES NOD DYES NOD OYES NOD OYES NOD 8. Do you think the City should do more to clear up our streets and DYES NOD remove old cars? 9. Do you believe we need a new City Manager? DYES NO D 10. What do you think is the biggest problem in our City? Name Phone Address Office Of Ohe Mayor KGle Morgan Dear Fellow Citizen: I thought it was time to report to you concerning my reasons for recent statements by me concerning the manner in which the City Manager has conducted the affairs of his office, and why I lost confidence in him. Most of my dissatisfaction arises from financial affairs that I believe the City Manager has handled improperly. This letter will bring to your attention several specific episodes involving City Projects. In a separate letter I have previously told you of my grave concern about a proposal by a majority of the City Council to separate the duties of the City Treasurer and the Finance Officer so that the financial management of National City will be taken out of the hands of directly elected Treasurer, and placed in the hands of persons appointed by the City Manager. Maybe the City Manager can explain why he let the design contract for Euclid Avenue for $25,000. when actually, we had a qualified local engineer who wanted to do it for $14,800. When an attorney wrote to him asking him to explain why he would let a contract out for $25,000. when he has a designer who would do it S14,800., the City Manager neither called nor answered the letter. It was by accident that I found this out. Why did the architect selected by the Manager to design our new fire station dig a hole in the ground requiring $17,500. to provide drainage for the hole? When I realized that error, I brought it before the City Council and the City had to spend another $16,500. to raise the station out of the hole, still leaving half of the site in the hole! On the 24th Street Paradise Creek Channel project, the City Manager told me that changing the material to be used to line the Channel from gunite to rock would save the City $50,000. Unfortunately, the City Manager failed to get a firm contract signed on the change order to that offer prior to letting the contractor proceed. When the job was done, the contractor submitted a S90,000. bill which we had to pay, thus making an $140,000. overrun on the job. Further, maybe he can explain why he recommended extending a $38,500. contract for inspections at the Sweetwater River when actually, the site was located in the County of San Diego and not National City, I stopped this at a City Council meeting, when the Council agreed with me, and voted not to extend the contract. Maybe he can explain why he, the City Manager negotiated sale of one million gallons of sewer capacity to the Navy from our capacity. This sale was negotiated for $485,000. I believe, the Manager before him had worked out an agreement where the Navy would pay us $1,000.000. forthe same capacity. This is what happens when you don't let the Council know in advance what large sums of money are being spent and for what. This also goes for contracts that are being let involving large projects and large sums of money. I don't think it is proper for the City Manager to keep the Council in the dark when they are elected by the people to get them the very best for their money, and to look after their interests. Maybe he can explain further why last year the Council authorized him to clean Las Palmas drain located at the golf course, and he and his staff never took one shovelful of dirt from the drain, and now we have lost our golf course operators. I fully believe that all the extra contracts, consultants, and extra money that is being spent should always be brought before the City Council before the Manager gets permission to spend it. That has been the policy in the past and I prefer it that way. Thus, I am opposed to the present financial management of the City, including the majority's plan to put money affairs in the hands of the City Manager and his appointees. Very truly yours, Kile Morgan, Mayor City of National City As your mayor I am very much in favor of keeping the city funds under the care of an elected treasurer and not an appointed manager. The elected treasurer is completely independant and answers only to the voters. The elected treasurer must live in the city while an appointed manager can live anywhere in the county. For 98 years National City has elected a Treasurer who has had the responsibility of protecting the money which the citizens have paid as taxes to the City. To my knowledge, during this period Of time there has not been any question about the way the Treasurer has handled these funds. There has not been scandal and not a single penny has been misused by the treasurer.