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HomeMy WebLinkAbout1984 10-16 CC MINBook 65/Page 38 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 16, 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, 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 by Father Juan Acosta, St. Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Cooper, seconded by VanDeventer, the minutes of the adjourned meeting of September 25, 1984 held October 1, 1984 and the regular meeting of October 9, 1984 be approved. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. PUBLIC ORAL COMMUNICATIONS None ADOPTION OF RESOLUTIONS Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,453, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR DRA1NAGEWAY CLEANING S/O FEDCO." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,453 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,454, "RESOLUTION AUTHORIZING ACQUISITION OF USED, ONE OWNER FLEET VEHICLES ON THE OPEN MARKET." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,454 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,455, "RESOLUTION ACCEPTING CONVEYANCE OF PROPERTY FOR STREET PURPOSES AT 2405 E. 19TH STREET (Peppmuller)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,455 be adopted. Carried by unanimous vote. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 15, dated October 9, 1984, in the amount of $228,924.74 (Warrants Nos. 85252 through 85339), and CERTIFICATION of PAYROLL for the period ending September 30, 1984, in the amount of ;274,056.92 was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The CLAIM FOR DAMAGES of VALERIE MC CULLOUGH, arising from an incident on July 10, 1984, and filed with the City Clerk on October 5, 1984 was presented. Moved by Cooper, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. WRITTEN COMMUNICATIONS A letter from Paradise Valley Hospital requesting the City's consideration in placing a pedestrian crossing light on Euclid Ave. between the hospital and the medical office buildings on the other side of the street was presented. Moved by VanDeventer, seconded by Dalla, this be referred to staff. Discussion. Carried by unanimous vote. OTHER BUSINESS The Fire Chief's request for approval of PUBLIC FIREWORKS DISPLAY (San Diego 10/1 1E4 Book 65/Page 39 Fireworks, on behalf of Sweetwater High School, has submitted application for permit to have a public fireworks display at Sweetwater High School's Homecoming Football Game on October 19, 1984; staff recommends approval) was presented. Moved by VanDeventer, seconded by Cooper, in favor of this request. Discussion. Carried by unanimous vote. The Finance Director's CONSOLIDATED CASH REPORT for the period ending August 31, 1984 was presented. Moved by Dalla, seconded by Cooper, this report be accepted and filed. Carried by unanimous vote. CITY MANAGER City Manager McCabe said he handed out an article from the L. A. Times re the list of the fastest growing cities; National City is number 10 on the list. CITY ATTORNEY Interim City Attorney Tobin requested an Executive Session to discuss pending litigation on completion of the agenda. OTHER STAFF — No reports. MAYOR Mayor Morgan inquired about the sub —title on his argument on Proposition P on the ballot, saying he understood the argument would not be against it, but would say the argument is in favor of the senior high—rise; it doesn't say that. Discussion. Interim City Attorney Tobin said when you have a ballot measure, it is permissible to have arguments drafted for and arguments drafted against a proposition; the arguments are submitted to the City Clerk; in this case the arguments were submitted to the City Clerk, and the one the Mayor drafted had no title that would be consistent with the Code Section; the City Clerk, by law, cannot alter the substance of the arguments submitted to her; however, by law, she is required to put a title on the measure which goes to the Registrar; those titles can be either "Argument For" or "Argument Against"; in the case of the argument the Mayor submitted, without the title, the City Clerk looked at the substance and conferred with the Registrar's office, and it was the determination of the City Clerk and the Registrar that the argument as submitted by the Mayor was against the proposition; within the context of the law, she did submit two arguments to the Registrar, one for and one against, which is the only discretion she has in the matter. The City Clerk said she did have conversation back and forth with the Registrar; however, when the argument was printed, it was without the second title; when the proofs of the arguments came in, she showed the proofs to the persons submitting the arguments and asked them to read the proofs to determine if they were correct and initial; the proofs were initialed. Further discussion. Mayor Morgan said he would like to see what he initialed; when he submitted the argument, it 'was titled "In Favor of the Senior High —Rise". Interim City Attorney Tobin said that was the title the Mayor put on his, but it is not the title that the Code Section says the Clerk can put on; she can only put one of two titles — "Argument For" or "Argument Against"; because neither one of those titles were placed on the argument the Mayor prepared, she had to make a determination of which way it went; she conferred with the Registrar and what he saw forwarded was an Argument Against. Further discussion. CITY COUNCIL Councilman Dalla inquired of Bob Arthur, National City Transit, if the problem with the noisy bus brakes had been corrected. Mr. Arthur replied we still have a problem; the manufacturer has tried a number of different things such as different drums, linings and shoes; some of the things they have tried have worked for a short time, but none have worked for a long term; the manufacturer has been very responsive; they have put a lot of money into this and the City has not paid a dime; it is all under warranty; he does not recommend any legal involvement at this time. Discussion. Mr. Arthur continued, he talks to the manufacturer every day; they cannot put a time limit on it at this time; if they have to change the linings every day, they will. Mayor Morgan said "I have a note on my agenda...I see Don McLean is here..." Vice Mayor Waters said "We're going to have an executive session." Mayor Morgan called an Executive Session re pending litigation at 4:17 p.m. 10/16/84 Council reconvened at 4:34 p.m. Book 65/Page 40 ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Interim City Attorney Tobin said there were certain aspects of pending litigation that were discussed and no decisions were made although he received some instructions which he would go forward with, with respect to the City's counsel, Hollywood and Rhoades; there is an additional item from Mr. McLean, a letter dated 10/12/84, which was written to each member of the Council concerning Valley Road Prezoning and Annexation. Interim City Attorney Tobin read the proposal from former City Attorney McLean to members of the Council contained in the letter of 10/12/84, saying there are four items set forth which essentially request that Council give indication of it's interest relative to instructing Planning staff to initiate certain processes: 1. Instruct the Planning Staff to initiate prezoning of the property to permit the eleven acres lying between Valley Road and the South Bay Expressway to be developed with luxury condominiums, subject to architectural, plan, and site plan review, at a density of twenty—four units per acre; 2. Instruct the Planning Staff to initiate prezoning of the property to permit the nineteen acres lying between Valley Road and Lomacitas Lane to be developed in one acre estate lots. The same plan reviews as for the condominmiums are suggested; 3. Instruct the Planning Staff to initiate the appropriate General Plan amendments to accommodate this project; 4. Instruct the Planning Staff to pursue the prezoning and General Plan Amendment process simultaneously with proceedings to impose the same on the property; if there is a feeling on the part of Council that these be accomplished, a motion can be made and passed; if Council doesn't feel that way, it can fail. Moved by VanDeventer, seconded by Cooper, in favor of this request. Councilman Dalla inquired if by referring these items to staff, are we committing ourselves to the specifics contained in these four items. Interim City Attorney Tobin said as he understands the request, it's simply to initiate the proceeding and once initiated, decisions can be made along the line; Council would be initiating the prezoning along these lines. Motion carried by unanimous vote. Interim City Attorney Tobin said with respect to the letter, if there are any other concerns raised by it, it could be referred to staff for a report. Councilman Dalla said he would like Mr. Tobin to look further into insuring that we are all doing this in a manner that is appropriate for the Council and all parties involved; we have to make a special effort to cross our T's and dot our l's. Vice Mayor Waters said what we are doing is notifying the people that are interested in annexing into National City that Council does have a desire to look in favor of this prezoning and welcome them into our City if everything is fine. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., October 23, 1984. Carried by unanimous vote. The meeting closed at 4:38 p.m. The foregoing minutes were approved at the regular meeting of October 23, 1984. Corrections CITY OF NATIONAL CITY, CALIFORNIA 10/16/84