HomeMy WebLinkAbout1984 08-14 CC MINBook 64
Page 241
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 14, 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: Cooper, Dalla, VanDeventer, Waters, Morgan.
Absent: None. Administrative officials present: Bolint, Campbell, McCabe,
Post, Stafford, Interim City Attorney Tobin.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager McCabe,
followed with invocation.
APPROVAL OF MINUTES
The City Clerk requested that approval of the Minutes of the regular meeting
of August 7, 1984 be held over one week; they are locked in the word processor
and the vendor will be unable to help us until tomorrow. Mayor Morgan
requested that the minutes of the regular meeting of July 24, 1984 be held over
one week. Moved by Waters, seconded by VanDeventer, the minutes of the
regular meeting of July 24, 1984 be held over one week. Carried by unanimous
vote. Moved by Cooper, seconded by VanDeventer, the minutes of the special
meeting of July 20, 1984 and the adjourned meeting of July 24, 1984 be
approved. Carried, by unanimous vote. Moved by VanDeventer, seconded by
Dalla, the minutes of the adjourned meeting of August 7, 1984 be approved.
Carried, by the following vote, to -wit: Ayes: Cooper, Dalla, VanDeventer.
Nays: None. Abstaining: Waters, Morgan.
PUBLIC ORAL COMMUNICATIONS
TIM MOYNAHAN, 2510 'L' Ave., was present on behalf of the Sweetwater
Kiwanis, and requested approval for a carnival at South Bay Plaza on September
6-9; this is a fund raiser for the Sweetwater High School Band. Moved by
Waters, seconded by Morgan, this be referred to the City Manager and if
everything is okay, it be approved. Discussion. Carried, by the following vote,
to -wit: Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Abstaining:
VanDeventer.
JIM KNEEBONE (NCPD), 41 E. Georgina, Chula Vista, was present and requested
financial assistance to attend the Arizona International Police Olympics.
Discussion. Moved by Waters, seconded by VanDeventer, the City contribute
$250 if it meets the criteria and policy of Council. Discussion. Carried by
unanimous vote.
PUBLIC HEARINGS
The PUBLIC HEARING on VACATION of PUBLIC WAY, portions of Sweetwater
Rd., North side, between Grove St. and Prospect St., SC-2-84 (On June 26,
1984, Council adopted Resolution No. 14,360, giving notice of intent to vacate
and close portions of Sweetwater Rd., North side, between Grove St. and
Prospect St., and setting a public hearing for this matter on August 14, 1984;
this vacation proceeding is routine in nature, in that the purpose of the
proceeding is to clean up existing discrepancies in the right-of-way alignment of
a portion of Sweetwater Rd.; the width of the existing roadway will not be
affected; the existing northerly right-of-way, as proposed, will eliminate the
varying dimensions and establish a uniform 44' dimension between the center line
and northerly right-of-way line of Sweetwater Rd., within the subject area;
width of areas to be vacated vary from less than 1' to a maximum of 7'; the
effect of this vacation will be to establish a right-of-way line 10' behind the
face of the existing northerly curb and maintain the present roadway width of
75'; it has been determined through title search that the owners of property
abutting areas of vacation hold the underlying fee title to the property to be
vacated; staff recommends that subject portions of Sweetwater Rd. be vacated)
was held at this time. The City Clerk reported the hearing has been published
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and posters were placed in the area on July 20. Planning Director Post said
the Planning Commission and staff recommend approval. No one was present to
speak in this regard. Moved by VanDeventer, seconded by Cooper, the Public
Hearing be closed and this vacation be approved. Carried by unanimous vote.
The PUBLIC HEARING on an ORDINANCE ADOPTING the 1982 Edition of the
UNIFORM FIRE CODE and AMENDMENTS (The Uniform Fire Code is published
every 3 years; during this time, new technology is developed and research done
in the area of fire protection and prevention and is then incorporated into the
upcoming UFC; this new Fire Code and its amendments will allow the Fire
Dept. to apply the most recent fire and life safety codes towards reducing the
risk of a fire related emergency in the City; this new Fire Code is either in
the process of being adopted by other municipalities or has already been
adopted; staff recommends the 1982 UFC and amendments be adopted) was held
at this time. The City Clerk reported that notice of this hearing has been
published and posted. Fire Chief Kimble said we are in compliance with the
other cities and fire departments in the County. No one else was present to
speak in this regard. Moved by Cooper, seconded by VanDeventer, the Public
Hearing be closed and the Uniform Fire Code and amendments be adopted.
Discussion. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title
only. Carried by unanimous vote.
Resolution No. 14,409, "RESOLUTION AUTHORIZING EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL
CITY AND THE SAN DIEGO COUNTY DEPARTMENT OF HEALTH SERVICES
RELATING TO THE SMOKING ORDINANCE NO. 1822." Moved by VanDeventer,
seconded by Dalla, Resolution No. 14,409 be adopted. Carried by unanimous
vote.
Resolution No. 14,410, "RESOLUTION AUTHORIZING THE PURCHASING AGENT
TO PROCURE ONE ELGIN PELICAN MODEL HH STREET SWEEPER." Moved
by Cooper, seconded by VanDeventer, Resolution No. 14,410 be adopted.
Discussion. Carried by unanimous vote.
Resolution No. 14,411, "RESOLUTION DETERMINING TO NOT ENTER INTO A
THREE YEAR COOPERATION AGREEMENT WITH THE COUNTY OF SAN
DIEGO FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
1985, 1986 and 1987." Moved by VanDeventer, seconded by Dalla, Resolution
No. 14,411 be adopted. Carried by unanimous vote.
Resolution No. 14,412, "RESOLUTION REQUESTING DEFERRAL OF STREET
IMPROVEMENT AT 2121 HOOVER (HOCKING)." Moved by Cooper, seconded by
Dalla, Resolution No. 14,412 be adopted. Discussion. Carried by unanimous
vote.
ORDINANCES FOR ADOPTION
Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title
only. Carried by unanimous vote.
Ordinance No. 1832 (7/24/84-1), "ORDINANCE ADOPTING THE UNIFORM FIRE
CODE 1982 EDITION AND THE APPENDIX THERETO, PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE AND EXPLOSION, AND ESTABLISHING A BUREAU OF
FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING
THEIR DUTIES AND POWERS, AND REPEALING ORDINANCE NO. 1718 AND
ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
THEREWITH." Moved by Dalla, seconded by Waters, Ordinance No. 1832
W24/84-1), be adopted. Carried by unanimous vote.
NEW BUSINESS
The Finance Director's request for RATIFICATION OF WARRANT REGISTER
NO. 6, dated August 7, 1984, in the amount of $82,421.98 (Warrants Nos. 84650
through 84723) and CERTIFICATION of PAYROLL for the period ending July 31,
1984 in the amount of $279,357.42 was presented. Moved by Waters, seconded
by Cooper, the bills be paid and warrants drawn. Mayor Morgan expressed his
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concern over the manner in which bills were presented to Council, saying he
could not understand what many of the bills covered; he cited some examples
and asked Council if they knew what the payments covered. Mayor Morgan said
he did not want to be in the position of approving bills he had no knowledge of,
and requested the City Attorney to prepare a written report advising him of his
responsibilities and liabilities. Interim Acting City Attorney Tobin advised that
these matters come before Council for legalization; they are presented in a
format the Mayor just presented and if there are any questions, they can be put
to staff for clarification; questions should be put to staff until Council is
satisfied; the only question now is do you wish to single out any specific bills.
Mayor Morgan said there was one for $5,000 for an engineering study and he did
not know what it was for, where was the study, etc. Mayor Morgan said he
would like written advice from the City Attorney; he asked the City Treasurer
about it last week and he said he did not know everything he needed to know.
Discussion. City Manager McCabe explained the warrant register is printed out
of the computer and there is limited space for explanations; and said normally
the City Treasurer does sign —today a computer terminal was installed for the
City Treasurer. The Mayor and other members of the Council indicated they
would like copies of the computer printout. Motion to pay the bills carried, by
the following vote, to -wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays:
Morgan. The Mayor said he voted no on the bills because he did not know what
some of them were for.
WRITTEN COMMUNICATIONS
A Letter from the AMERICAN DIABETES ASSOCIATION requesting Council to
WAIVE FEES for TEMPORARY USE PERMIT for the ANNUAL BIKE RIDE on
October 7, 1984, was presented. Moved by Cooper, seconded by VanDeventer,
the request be approved and the fees be waived. Carried by unanimous vote.
A Letter from CHUCK E. CHEESE regarding the holding of TEEN DANCES at
1143 Highland Avenue was presented. Moved by VanDeventer, seconded by
Cooper, this be referred to the City Manager for a report next week. Carried
by unanimous vote.
OTHER BUSINESS
The Asst. to the City Mgr./Personnel, Richard Schulman's recommendation that
no action be taken on PROVIDING ADDITIONAL BENEFITS TO RETIREES based
on an actuarial study by the PUBLIC EMPLOYEES' RETIREMENT SYSTEM was
presented. Ordered filed by unanimous vote.
PLANNING COMMISSION - NOTICES OF DECISION
Planning Commission Resolution No. 30-84, APPROVING ZONE VARIANCE to
allow division of a .62 acre parcel into two lots, neither of which will meet the
requirement for 50 feet of frontage on a dedicated street on property located
at 3121 EAST SECOND STREET (Z-6-84) was presented. Moved by Cooper,
seconded by VanDeventer, in favor. Discussion. Carried by unanimous vote.
Planning Commission Resolution No. 29-84, APPROVING CONDITIONAL USE
PERMIT to allow the sale of USED MERCHANDISE incidental to new
merchandise sales on property located at 217 HIGHLAND AVENUE (CUP-1984-
12) was presented. Moved by VanDeventer, seconded by Cooper, it be approved.
Discussion. Carried by the following vote, to -wit: Ayes: Cooper, VanDeventer,
Waters, Morgan. Nays: Dalla.
Planning Commission Resolution No. 28-84, APPROVING CONDITIONAL USE
PERMIT to allow the sale of ALCOHOLIC BEVERAGES for consumption on the
premises in conjunction with a bona fide public eating place at 1132 EAST
PLAZA BOULEVARD (CUP-1984-11) was presented. Moved by Dalla, seconded
by VanDeventer, this item be set for public hearing (September 11). Carried by
unanimous vote.
CITY MANAGER
City Manager McCabe said something had come up since the start of the
meeting and he would request Council go into Executive Session for Personnel
and Litigation.
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CITY ATTORNEY
Acting Interim City Attorney Tobin repeated the City Manager's request for an
Executive Session.
OTHER STAFF
The City Clerk's REPORT ON OPENING OF BIDS for two projects were
presented: a. TREE REMOVAL AND CURB, GUTTER AND SIDEWALK
REPLACEMENT, Engr. Spec. No. 948: Two bids were received, J. Kovac -
$128,062.00 and T. B. Penick & Sons - $135,621.00, and b. RECONSTRUCTION
OF SANITARY SEWER MANHOLES in "D" AVENUE between 24th and 30th
Streets, Engr. Spec. No. 947: No bids received. Moved by Dalla, seconded by
VanDeventer, the reports be filed. Carried by unanimous vote.
MAYOR
Mayor Morgan said the possibility of Edward Bodge's appointment to the Park
and Recreation Advisory Board was discussed last week; and asked the City
Attorney if he saw any conflict. The Acting Interim City Attorney advised he
saw no conflict. Moved by Cooper, seconded by VanDeventer, Mr. Bodge be
appointed to the vacancy on the Park and Recreation Advisory Board. Carried
by unanimous vote.
CITY COUNCIL
Vice Mayor Waters said last week he raised Cain and wanted to explain his
reason for it; he had the City Clerk prepare information on past elections
dealing with Seniors' Housing and Downtown Redevelopment and read the report
into the record: April, 1972 - Senior Citizens Residential Center - Shall the
City be authorized...to acquire, develop and construct a senior citizens
residential center to be financed in whole or in part by the Federal
Government? Yes - 3997, No - 1084; May, 1977 - Do the qualified electors of
the City approve the development, construction and acquisition of up to 300
low -rent dwelling units for the elderly within the City? Yes - 3193, No - 807;
June 1980 - Do the qualified electors of the City approve the
development,construction and acquisition of up to 50 low -rent dwelling units
within the City? Yes - 3520, No - 2643; November, 1982 - Shall the City
proceed with its downtown redevelopment project including redevelopment at 8th
Street and National City Boulevard? Yes - 4248, No - 3314. The Vice Mayor
said that is why he didn't want it to go on the ballot again.
Councilman VanDeventer said he had received a letter from the South Bay
Cities Council of the Navy League asking that janitorial services' fees be waived
at Kimball Community Building for their upcoming banquet and asked the City
Manager to report.
Councilman Dalla said Council, at the conclusion of a public hearing, usually in
a single motion moves to close the hearing and to approve or deny; other bodies
make two separate motions, one to close the hearing and one to approve or
deny; and asked the City Attorney if the way we do it is acceptable. Acting
Interim City Attorney Tobin replied generally speaking the two motions are
made for clarity; to separate the motions would be proper and said Council
might want to consider some sort of workshop on procedures.
Councilman Dalla asked the City Manager if any decision had been made on
where to display the Olympic Torch. The City Manager indicated no decision
had been made. Councilman Dalla asked the City Manager to report when
appropriate.
Councilman Dalla said he would not be here next week and there may be a
problem with a quorum. Mayor Morgan said we would know when the roll was
called.
Mayor Morgan called an Executive Session for Litigation and Personnel at
7:58 p.m.
Council reconvened at 9:00 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan.
Absent: None.
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Councilman Dalla brought up the matter of a quorum at the meeting of August
21, 1984. It was determined that Councilmen Dalla, Cooper and VanDeventer
would be absent. Moved by Waters, seconded by VanDeventer, the meeting be
adjourned to 7:00 p.m., Tuesday, August 28, 1984. Carried by unanimous vote.
The meeting closed at 9:02 p.m.
A l vi /�1 . JrrCITY CLERK
The foregoing minutes were approved at the regular meeting of the City Council on
August 28, 1984.
Corrections
4� No Corregtions
MAY
CITY OF NATIONAL CITY, CALIFORNIA
8/14/84