HomeMy WebLinkAbout1984 05-15 CC MINBook 64
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
MAY 15, 1984
The regular meeting of the City Council of the City of National City
was called to order at 4:00 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan.
Absent: None. Administrative officials present: Bolint, Campbell,
McCabe, McLean, Acting City Engineer Onley, 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 City Manager McCabe.
APPROVAL OF MINUTES
Moved by Dalla, seconded by Cooper, the minutes of the regular meeting
of May 8, 1984 be approved. Carried, by the following vote, to -wit:
Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Abstaining:
Van Deventer.
PUBLIC ORAL COMMUNICATIONS
None
PROCLAMATION
The Mayor's proposed Proclamation declaring the week of May 13-19, 1984
"NATIONAL POLICE WEEK" was read by title. Moved by Van Deventer,
seconded by Dalla, in favor of this Proclamation. Carried by unanimous
vote. Mayor Morgan presented the Proclamation to Police Chief Hart.
Mayor Morgan said Chief Hart had spoken to Council about needing more
room in the Police Dept.; it seems like staff should take a look and
see where we can add on; Chief Hart said he has some space where he
can add on in the Police Dept. itself; Chief Hart should get together
with staff. Councilman Van Deventer said Council should hold that over
until they receive Chief Hart's proposal. Discussion.
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Waters, the Resolutions be presented
by title only. Carried by unanimous vote.
Resolution No. 14,321, "RESOLUTION COMMENDING ACTION OF CITIZENS DONALD
FOSTER AND RICHARD MORRIS FOR ASSISTANCE TO POLICE." Moved by Cooper,
seconded by Van Deventer, Resolution No. 14,321 be adopted. Carried by
unanimous vote.
Resolution No. 14,322, "RESOLUTION APPROVING EXECUTION OF AGREEMENT NO.
11-0323 WITH CALTRANS FOR INSTALLATION OF TRAFFIC SIGNALS AT 8TH AND
HOOVER AVENUE AND AUTHORIZING EXECUTION OF SAID AGREEMENT BY MAYOR."
Moved by Van Deventer, seconded by Dalla, Resolution No. 14,322 be
adopted. Discussion. Acting City Engineer Onley said the City
requested CalTrans to enter into some type of agreement to bring up
plans, specs and costs of signalizing that intersection where the City
has 3 legs and CalTrans has one because of the freeway on -ramp. In
response to the question of priorities of traffic signals, Acting
City Engineer Onley said 30th & 'D' would have priority; all of the
engineering work has not been done; CalTrans would pay 4 of the cost of
the signal at 8th & Hoover. Further discussion. Motion and second
withdrawn. Moved by Dalla, seconded by Van Deventer, this be held over
one week and a report be prepared on ranking of needed traffic signals.
Carried by unanimous vote. Vice Mayor Waters said CalTrans was
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contributing funds to this project and he doubted if they could
contribute funds to the other signal lights in the City, and inquired
if the City wants to lose this funding. Mr. Waters asked the City
Manager to look into this and bring it back along with the report.
Resolution No. 14,323, "RESOLUTION AUTHORIZING THE FIRE DEPARTMENT TO
ENTER AN AUTOMATIC AID AGREEMENT WITH THE CITY OF CHULA VISTA FIRE
DEPARTMENT." Moved by Waters, seconded by Van Deventer, Resolution No.
14,323 be adopted. Carried by unanimous vote.
Resolution No. 14,324, "RESOLUTION TO ADOPT THE SAN DIEGO COUNTY
UNIFIED HAZARDOUS INCIDENT CONTINGENCY PLAN." Moved by Van Deventer,
seconded by Dalla, Resolution No. 14,324 be adopted. Discussion.
Carried by unanimous vote.
Resolution No. 14,325, "RESOLUTION AUTHORIZING APPROPRIATION AND
TRANSFER OF FUNDS FOR RESIDENTIAL HAZARDOUS WASTE EDUCATION PROGRAM."
Moved by Waters, seconded by Van Deventer, Resolution No. 14,325 be
adopted. Carried by unanimous vote.
Resolution No. 14,326, "RESOLUTION DIRECTING THE TEMPORARY CLOSING OF
A PORTION OF DELTA STREET (SOUTHERN CALIFORNIA HOUSING DEVELOPMENT)."
Moved by Van Deventer, seconded by Dalla, Resolution No. 14,326 be
adopted. Carried by unanimous vote.
ORDINANCE FOR INTRODUCTION (FIRST READING)
Moved by Dalla, seconded by Van Deventer, the Ordinance be presented by
title only. Carried by unanimous vote.
Ordinance No. 5/8/84-2, "Ordinance increasing the salaries of Mayor and
City Council." City Attorney McLean explained this was a first reading,
after the reading of the Ordinance to increase Council pay by 5% last
week; he received a copy of an Assembly Bill which provides that the
base pay for a City Councilman in a City of this size can go up to
$500 a month; that change has been incorporated in the Ordinance. The
title was read.
ORDINANCE FOR ADOPTION
Moved by Dalla, seconded by Van Deventer, the Ordinance be presented by
title only. Carried by unanimous vote.
Ordinance No. 1820 (4/8/84-1), "ORDINANCE AMENDING TITLE 18 (ZONING) OF
THE NATIONAL CITY MUNICIPAL CODE, TO REGULATE ISSUANCE OF LIQUOR
LICENSES IN NATIONAL CITY." Moved by Van Deventer, seconded by Waters,
Ordinance No. 1820 (4/8/84-1) be adopted. Discussion. Carried by
unanimous vote.
OLD BUSINESS
The City Engineer's report on RTE. 54 FREEWAY/SWEETWATER RIVER
AGREEMENT (See City Council Minutes May 8, 1984, Page 144, Para. 9) was
presented. Moved by Dalla, seconded by Van Deventer, this be approved.
Discussion re the probability of payment by the Dept. of Water
Resources as provided in the agreement. City Attorney McLean said
there is no stipulation they (Dept. of Water Resources) won't pay; the
old contract was pretty clear; it says the Dept. of Water Resources is
going to put up the money; the County cannot make the State Legislature
appropriate money; the State Legislature theoretically can say "We are
not going to appropriate this money."; we make contracts with the State
all the time. Further discussion. Motion carried by unanimous vote.
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NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO.
45, dated May 8, 1984, in the amount of $101,675.86 (Warrants Nos.
83752 through 83835), and CERTIFICATION of PAYROLL for the period
ending April 30, 1984, in the amount of $266,833.27 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,
Van Deventer, Waters, Morgan. Nays: None.
The application for ON -SALE BEER AND WINE LICENSE, TYPE 41 of Jose T.
Ang, Jr., Raul T. Ang and Rolando T. Ang, dba POINT POINT, 916 E. 8th
St. (Building Dept. states no objections; Police Dept. protests
issuance of this license for the following reasons: 1. Issuance of
this license would aggravate existing police problems in the area; in
1983, the police responded to almost 200 calls for police service in
this area; most of the calls involved drunks, illegal use of alcohol,
and disturbances involving alcohol; 2. Issuance of this license
requires a CUP; applicant has not applied for such CUP; therefore,
issuance of an ABC license would violate municipal Ordinances of the
City; 3. Until applicant declares his intended operations [hours,
security plans, etc.] they cannot consider mitigating factors;
applicant should be advised to meet with the Police and Planning
Departments; Planning Dept. protests issuance of this license because
applicant has not filed for a CUP) was presented. Moved by Van Deventer.
seconded by Cooper, this license be protested on the basis of Police
and Planning Department recommendations, plus the premises are in the
downtown redevelopment area. Carried by unanimous vote.
The application for OFF -SALE GENERAL LIQUOR LICENSE, TYPE 21, of
Nadera J. & Wilson T. Taila, dba WILSON'S MARKET, 916 E. 8th St.
(Building Dept. states no objection; the Police Dept. protests issuance
of this license due to the fact that issuance of the license would
aggravate existing police problems in the area; this area generated
almost 200 calls for police service last year, most involving the use
or abuse of alcoholic beverages; most of the calls originated from or
occurred around the convenience market within 100 yards of the
applicant's proposed market; there are a variety of other crimes and
activities in this area during the evening hours that create a need for
"high police visibility"; many of these activities/crimes involve the
illegal use of alcohol in the public - alcohol that is purchased from
businesses having off -sale licenses; the Police Dept. protests issuance
of this license unless applicant agrees to operating hours and
operating conditions that will not adversely affect community
conditions and police service in the area; applicant has made
application for CUP and the matter was scheduled for public hearing
before the Planning Commission on May 7, 1984; Notice of Decision
should appear on the Council agenda of June 5, 1984; Planning
recommends this be protested until the matter of the CUP is resolved)
was presented. Moved by Van Deventer, seconded by Cooper, this license
be protested on the basis of Police and Planning Department
recommendations, Elus the premises are in the downtown redevelopment
area. Carried by unanimous vote.
The application for LIQUOR LICENSE TYPE 09, authorizing the IMPORT OF
BEER AND WINE for distribution to retailers/wholesalers and TYPE 17,
BEER AND WINE WHOLESALER LICENSE of Carlito J. Jaranilla and Angel
Paule, dba FILIPINAS FARM PRODUCTS, 241 W. 35th St., Suite K (Police,
Planning and Building Departments state no objections) was presented.
Moved by Waters, seconded by Van Deventer, in favor of this request.
Discussion. Carried, by the following vote, to -wit: Ayes: Cooper,
Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan.
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The application for ON -SALE BEER AND WINE LICENSE, TYPE 41, PERSON
TRANSFER of William M. McCarty, Chatphol Swasdiphap and Gary L.
Zarecky, dba COLISEUM PIZZA & RESTAURANT-THAI HUT, 3421 E. Plaza Blvd.
(Police, Planning and Building Departments state no objections) was
presented. Ordered filed by the following vote, to -wit: Ayes:
Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining:
Morgan.
The City Manager's and Planning Director's report on PROPOSED CITY
RESPONSES TO QUESTIONS REGARDING THE LINCOLN ACRES ANNEXATION (The
proponents of the Lincoln Acres annexation have, on several occasions,
requested written responses to questions regarding annexation
procedures; it is felt that this type of written statement from the
City would help clear up some of the confusing issues involved; staff
has listed the most commonly asked questions and suggested responses
to them (See Document No. 70451); staff recommends Council consider the
suggested responses to questions and direct staff to make any necessary
changes, and to distribute the responses to Lincoln Acres
representatives) was presented. Mayor Morgan inquired if Chula Vista
was sending out the same questionnaire. City Manager McCabe replied he
was not sure; in the past when Chula Vista has worked with other areas
for annexation, they have sent out a similar set of questions.
Councilman Van Deventer said the people should have the facts.
Discussion. City Manager McCabe said we are ahead of Chula Vista; they
have more groundwork to do. Discussion re a joint meeting in Lincoln
Acres with Chula Vista and National City. Moved by Van Deventer,
seconded by Cooper, the questionnaire be approved. Discussion re
holding a Council Meeting in Lincoln Acres. Motion carried by
unanimous vote.
The Planning Director's report on TEMPORARY USE PERMIT GUIDELINES FOR
OFFICE TRAILERS (The scope of this report is to review the City's TUP
guidelines for office trailers and to make recommendations on how the
guidelines can be improved; see Document No. 70452; staff concurs with
the Planning Commission's recommendation) was presented. Moved by
Waters, seconded by Van Deventer, in favor of staff's recommendation.
Planning Director Post said the recommendation from the Planning
Commission is that the City Council adopt an administrative guideline
whereby TUP's for office trailers can only be granted after a permit
for a permanent building had been issued. Councilman Van Deventer
said Council has been generous; this is one of the few cities that even
allow temporary trailers; his concern was that everybody else is
required to put up a structure; a permit is required for a structure on
any type of operation that's going on, even for a patio; they are given
a year's time; all they have to do is come in with their plans _...;.
for permanent structure and they have a year to build the
building and then remove their trailer. Mayor Morgan asked if they
would be given time to get in business with a building. Planning
Director Post said that would be up to the City Council; the way it's
phrased right now is that they could only be granted a TUP after they
got a building permit; first they would come in with their building
plans for the permanent structure; they would get a building permit,
and then they would be eligible for the temporary office trailer.
Councilman Van Deventer said there are numerous trailers now and every
one of them should be notified that they have whatever time that we
feel is adequate within the next 6 months to have a building permit in,
or their permit is revoked and the City will take steps to have it
removed. Planning Director Post said they had given that quite a bit
of thought; that was an important direction that staff should get at
this time; there are numerous trailers out there that either have
expired TUP's (trailers that have been there since 1974, 1978 and their
TUP's expired) or trailers that were just brought in illegally without
benefit of permit (there are quite a few of those); this recommendation
provides the use would just flat out be illegal and subject to
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enforcement action, any time frame Council wants to grant him, 30-days,
6-months, whatever it is. Moved by Van Deventer, seconded by Cooper,
the motion be amended to give the office trailer owners 6-months to
bring plans for their building and be processed, and from the date they
bring in plans, they would have one year to build, and if they don't
come in within 6-months with plans to be processed, we can take steps
to have them permanently removed from the property (Some of them who
have had illegal trailers have already had 4 years to 10 years; how
much longer can we give them? It's not on the tax roll. It's not
benefitting the people.). Councilman Dalla inquired about guidelines
on the trailers that are presently illegal, the ones that have been
there since 1974, and asked Mr. Post if he was looking for some
guidance; what did he need? Planning Director Post replied he needed
a period of time they should be instructed to give the owners of these
various illegal trailers (the ones that were brought on illegally or
have expired TUP's) to conform. Councilman Van Deventer said they will
have to be given some time to come in here because some of them cannot
move; for example the shipyard down on 30th & Tidelands; if he was told
to remove that structure, he would have to have some time; that's why
a motion giving him 6-months to come in and process it through the
staff -- Council is going to have to give them some leniency to get it,
and then if they don't in 6-months, you take the procedure through the
legal side, to go out there and notify them and our Code Conformance
Officer to go out there; we just did it at 8th & Roosevelt where two
yellow trailers illegally pulled in there; Mr. Post brought it to our
attention and we processed it through our regular Code Conformance
Officer and the gentleman removed them because he had other structures
on the property; by giving them 6-months to come in with something, and
if the present a set of plans, they're really getting a year and a
half out of it; we've gone since 1974 and nothing's been done; we've
got to do something. Councilman Cooper said the man is asking for
guidance and Council needs to give it to him. Discussion re trailers
that were brought in illegally; how long that has been going on.
Planning Director Post said a citywide survey of office trailers was
conducted in the past two weeks and a large number of illegal trailers
were found at that time. Councilman Dalla said some of these places
need time to get their affairs in order, but at the same time, there
are others that have been brought in illegally, or that are an eyesore,
something Council should get rid of, and what Council is doing here is
sanctioning that use for another year and a half; there are some that
should be gone as soon as possible, and yet they will be given the same
standing as those that went through the process but just never got
around to getting a building up. Councilman Van Deventer said at least
we are going in a direction that's needed; we had no direction before,
or we didn't follow through if we had any direction; having a policy,
before January 1, 1985, you would have them removed, or you would have
a building permit downstairs in process. Discussion. Councilman
Van Deventer said the ones that don't have permits we file on right
now. Planning Director Post asked for clarification. Vice Mayor
Waters said if they were moved on illegally without a permit, you do
something about it now. Councilman Van Deventer said anybody that has
a r^rmit, even though it's expired, has the 6-months. Planning
Di:cector Post asked if it would be unreasonable to expect illegal
trailers to come in for building permits or remove the trailers say
within 30 days. Councilman Van Deventer said that would be fine, it's
part of the motion. Discussion. Amendment carried by the following
vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays:
Morgan. Motion carried by the following vote, to -wit: Ayes: Cooper,
Dalla, Van Deventer, Waters. Nays: Morgan.
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The Finance Director's CONSOLIDATED CASH REPORT for the period ending
April 30, 1984 was presented. Ordered filed by unanimous vote.
The City Clerk's FINANCIAL REPORT, COMMITTEE TO HONOR IDA MAE KERR,
dated May 8, 1984 (requesting Council action on disposition of the
balance of $164 [after payment of the final outstanding bill]) was
presented. Moved by Van Deventer, seconded by Waters, the report be
accepted and excess funds returned to the Finance Office. Discussion.
Carried by unanimous vote.
OTHER BUSINESS
CITY MANAGER
C-.ty Manager McCabe requested an Executive Session on Personnel on
c.Y;'-n? etion of the agenda.
CITY ATTORNEY - No report.
OTI, :.R STAFF
Th' City Clerk's report on OPENING OF SEALED BIDS for REPAIR of
DRAINAGE CHANNELS westerly of Calmoor St., southwesterly of Plaza and
Lirope (3 bids were received: ABC Construction Co., Inc. - $89,702.00;
Dyno Construction, Inc. - $73,700.30; Sapper Construction Co. -
$77,519.00) was presented. Ordered filed by unanimous vote.
MAYOR
Mayor Morgan inquired if the Police Chief's report would be just about
space needed in the building, or if it would include additional staff;
he is opposed to additional staff.
CITY COUNCIL
Vice Mayor Waters announced the Budget Committee would meet all day,
Wednesday, June 20, 1984.
Moved by Van Deventer, seconded by Dalla,(re implementation of Council
policy for appointment to Committees/Boards/Commissions) a classified
advertisement be placed in the local newspaper advertising these
appointive vacancies; a letter sent to all officeholders as their terms
expire asking if they would like to reapply for the position, and
interviews be held for those who filed applications for all committees
with current vacancies on May 29 at 7:00 p.m., each individual being
given 3-5 minutes, and on June 6, appointments will be made to fill
these vacancies. Mayor Morgan said the Government Code says that the
Mayor does the appointing and we have an Ordinance to that, and he gave
Council a letter to that effect; he hopes Council doesn't intend to not
recognize the Mayor's authority on appointments. Carried, by the
following vote, to -wit: Ayes: Cooper, Dalla, Van Deventer, Waters,
Nays: Morgan.
Moved by Van Deventer, seconded by Cooper (re Mrs. Kerr's request for
payment for accrued vacation and sick pay), this be sent to the State
Lah'7 Commission and all paperwork that City staff has, including all
cr_ :�nel reports and documentation relative to Mrs. Kerr be sent also,
and at that time the matter of elected position vs appointed position
percentage of time and they determine any income that she is entitled
to be addressed and whatever outcome that they address that we adhere
to. Carried, by the following vote, to -wit: Ayes: Cooper, Dalla,
Van Deventer, Waters. Nays: Morgan.
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Moved by Van Deventer, seconded by Waters, that all City employees,
appointed, elected, classified and unclassified, be required to file
leave slips on vacations, holidays, sick leave and special holidays
(floaters) to be made on a standard City form in the Cit Personnel
Office where it will be recorded, and all prior records kept by
individuals be transferred to Personnel immediately and a copy of those
two individuals (City Attorney and City Clerk) having any time be
provided to the City Council. Discussion. Carried by unanimous vote.
IDA MAE KERR was present and said she is very upset that Council is
delaying her problem; she cannot understand why Council turned against
her; they have always okayed her vacations; if they think she is trying
to chisel the City, the are wrong; if she were going to do that, she
could have done it years ago; Council will never find anyone who is
more honest than she has been; she feels they have slapped her in the
f� ;< and stabbed her in the back; she has not tried to chisel this
Ci. i:y; she has done has been honest; she has given them every
r•-ort they =.anted; she made a statement of how she kept her own time
o.' her own czUendrrs; Council is being unfair and ungentlemanlike.
Councilman Dalla spoke of the lot at the NE corner of 8th & National
C5.ty Blvd. where trucks are parking and where the lot is being paved
and asked that it be referred to staff. City Manager McCabe said he
would check that out.
Mayor Morgan called an Executive Session for Personnel at 4:50 p.m.
Council reconvened at 5:40 p.m.
ROLL CALL
Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan.
Absent: None.
ADJOURNMENT
Moved by Waters, seconded by Van Deventer, the meeting be adjourned to
7:00 p.m., May 22, 1984. Carried by unanimous vote. The meeting
closed at 5:42 p.m.
i
CITY CLERK
The foregoing minutes were approved at the regular meeting of the City
Council on -, 1984. f
Correct&il ✓ No Corrections
4./e;#1//
MAY').
CITY OF NATIONAL CITY, CALIFORNIA
5/15/84