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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 8/14/84 Book 64 Page 242 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 8/14/84 Book 64 Page 243 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. 8/14/84 Book 64 Page 244 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. 8/14/84 Book 64 Page 245 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