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HomeMy WebLinkAbout1983 09-06 CC MINBook 63 Page 159 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 6, 1983 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: Camacho, Dallas Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Bening, Bolint, Campbell, McCabe, McLean, Acting Planning Director 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. Molnar, First Baptist Church. PUBLIC ORAL COMMUNICATIONS None ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,130, "RESOLUTION APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,130 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,131, ^RESOLUTION ACCEPTING DEFERRAL OF STREET IMPROVEMENTS AND A COVENANT RUNNING WITH THE LAND (148 E. 31st St., Hansen)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,131 be adopted. Discussion, Carried by unanimous vote. Resolution No. 14,132, "RESOLUTION OF AWARD OF CONTRACT (Construction of Alleys 9 and 12, Assessment District No. 205, Engineering Spec. No. 933)." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,132 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,133, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH HERBERT M. PIKEN INC., NEW OWNERS OF SO. BAY PLAZA SHOPPING CENTER, AND TO RELEASE PORTION OF A SUBDIVISION IMPROVEMENT AGREEMENT WITH PACIFIC/DSL NO. I." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,133 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,134, "RESOLUTION AMENDING ORDINANCE NO. 1782, AND ADOPTING THE FEE SCHEDULE FROM SAN DIEGO COUNTY ORDINANCE NO. 6599, RELATING TO SAN DIEM COUNTY HEALTH, SANITATION AND LAND USE PERMIT AND INSPECTION FEES." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,134 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,135, "RESOLUTION APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1983-84." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,135 be adopted. Carried by unanimous vote. Resolution No. 14,136, "RESOLUTION AUTHORIZING SUBMISSION OF NATIONAL CITY'S REVISED TDA CLAIM FOR FISCAL YEAR 1983-84." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,136 be adopted. Carried by unanimous vote. 9/6/83 Book 63 Page 160 ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Dalla, the Ordinance be presented by title only. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. Ordinance No. 8/16/83-1, "Ordinance amending Title 18 (Zoning) of the National City Municipal Code to update Section 18.16.270 relating to the requirement of Conditional Use Permit (Case File No. A-4-83)" was read in full. Moved by Camacho, seconded by Morgan, Ordinance No. 8/16/83-1 be adopted. Discussion. Motion failed, by the following vote, to -wit: Ayes: Camacho, Morgan, Nays: Dalla, Waters. Abstaining: Van Deventer. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 8, dated August 23, 1983, in the amount of $195,245.45 (Warrants Nos. 81061 through 81134 [voided 81056 through 81060 and 81090 & 81106D), CERTIFICATION of PAYROLL for the period ending August 15, 1983, in the amount of $262,934.05, and RATIFICATION of WARRANT REGISTER NO. 9, dated August 30, 1983, in the amount of $58,107.32 (Warrants Nos. 81135 through 81188 [81135 voided]) 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 City Treasurer/Finance Director's CONSOLIDATED CASH REPORT for the period ending July 31, 1983 was presented. Ordered filed by unanimous vote. The Mayor's DRAFT LETTER regarding PROPOSED STATE PROCEDURES for an INTERGOVERNMENTAL REVIEW PROCESS (President Reagan, through Executive Order No. 12372, transferred responsibility for establishing the intergovernmental review process for federally -funded grants and other activities to the states; the state has, in turn, proposed procedures to implement this order; on August 23, Council directed staff to prepare a draft letter from the Mayor on the above subject for placement on the September 6 agenda; the contents and recommendations in the letter are consistent with the SANDAG position on this issue as well as with the general principle of local control; staff recommends the draft letter be approved) was presented. Moved by Waters, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. The request of SOUTH BAY CITIES COUNCIL NAVY LEAGUE to serve ALCOHOLIC BEVERAG S in KIMBALL COMMUNITY BUILDING (The Navy League has reserved the Kimball Community Bldg. to hold its annual Naval Services Woman of the Year Contest on September 28, 1983, approximately 200 adults expected to attend; the contest is part of the City's Salute to the Navy Week and is co -sponsored by the National City Chamber of Commerce; it is exempt from all fees and charges; the League is requesting authorization to serve alcoholic beverages in conjunction with the contest/dinner; City rental policy requires that: 1. applicant obtain a use permit from ABC, copy to be filed with Public Works prior to the event; 2. Certificate of Insurance [personal liability and property damage for $100,000 for a single occurrence and $300,000 for multiple occurrences] naming the City as co-insured shall be submitted; 3. security arrangements shall be approved by the Chief of Police; staff recommends this request be approved subject to these three requirements) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Carried by unanimous vote. Police Chief Hart's PROPOSED PARKING ENFORCEMENT PROGRAM (During FY 83-84 budget hearings, Council expressed an interest in a parking enforcement program to reduce parking violations and to reduce the blight and hazard of abandoned or dismantled vehicles illegally parked 9/6/83 Book 63 Page 161 throughout the City; the program would require hiring one additional Police Service Officer and the purchase of a new three -wheel motor scooter; it is probable that the cost of the program will be offset by the parking fines collected; the program could be operational in 30-60 days, depending upon the immediate availability of the needed vehicle; at present, parking fines in the City are approximately 30%o lower than most other cities in this county; Police Chief Hart feels our fines are presently too low to be an adequate deterrant or penalty; staff recommends the program be adopted, Council authorize purchase of the necessary vehicle at a price not to exceed $7,000, and Council authorize the hiring of one additional Police Service Officer and increase FY 83-84 Salary Account of police budget by $12,000) was presented. Councilman Waters said with the City,s problem with abandoned cars and parking violations, he feels a full time employee of this type would be justifiable; the program would pay for itself. Vice Mayor Dalla said he agreed that the program would pay for itself initially, but expressed concern that the problem would eliminate itself, and the additional employee might end up with very little to do. Police Chief Hart said he thinks the problem of vehicle abatement will clear up, but feels the problem of parking enforcement will be ongoing; the City receives the largest portion of the fines, where previously, the State received the majority. Discussion. Mayor Morgan asked the City Manager to bring back a report the next budget session explaining how this program will pay for itself. Moved by Van Deventer, seconded by Camacho, in favor of the Police Chief's recommendation. Carried by unanimous vote. The request of PARADISE VALLEY HOSPITAL to display a LIVE NATIVITY SCENE at HELEN RICE CENTER, 723 S. Euclid Ave., December 19, 20 & 21, 1983, from 7:00-9:00 p.m. (Building & Safety, Planning, Fire, Public Works, Finance, Police and Park & Recreation Departments have reviewed and approved this request subject to the following conditions: 1. Nativity scene shall not obstruct Fire Dept, access or fire protection equipment, such as hydrants and sprinkler valves; 2. Any electrical installations to be inspected prior to event) was presented. Moved by Waters, seconded by Van Deventer, this request be approved and all fees waived. Discussion. Carried by unanimous vote. The CLAIM for DAMAGES of WILLIAM C. NEUMANN, arising from an accident on August 24, 1983, and filed with the City Clerk on August 26, 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 CLAIM for DAMAGES of WEST AMERICAN INSURANCE CO. as subrogee for HARLAND ENTERPRISES, resulting from an accident on June 29, 1983, and filed with the City Clerk on August 24, 1983 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No reports. MAYOR Mayor Morgan asked the City Manager if the drains would be checked and cleaned before the rainy season begins. City Manager McCabe replied that it would be done. 9/6/83 Book 63 Page 162 CITY COUNCIL Councilman Waters said last week a lady was hit in a crosswalk; cars rarely stop for pedestrians in crosswalks; perhaps there is some way the Police Chief could set aside some time to observe this situation. Councilman Van Deventer inquired if the crosswalks are marked where children will be crossing for school. Public Works Director Williams replied they have been. Councilman Van Deventer said Council approved a 6' fence at the McDonald's on Plaza; the fence is not 6' high and he would like McDonald's held to the agreement; the lights from McDonald's would disturb neighboring residents. Acting Planning Director Post said he would check into this. Councilman Camacho reported he had talked to some of the residents of Heritage Park about the parking problems in the area; non-residents are parking there; some people have been seen changing the oil in their cars there; people leave the bars late at night and the noise disturbs the residents; something needs to be done to protect the residents. Mayor Morgan asked City Attorney McLean to bring back a report. Councilman Van Deventer said Eagle Furniture held a Labor Day weekend tent sale without a permit. Vice Mayor Dalla inquired what the penalty would be if they are found to be in violation. City Attorney McLean replied it L.; a. maximum of $100; zoning code violations were made in fractions so the typical, run-of-the-mill neighborhood type thing could be handled expeditiously; an aggravated case could be handled through the civil courts injunction act; our remedy now is to go ahead with a criminal action; every day it occurred is a separate violation. Discussion. Vice Mayor Dalla said that planning laws and misdemeanors go through a process, but it does not deter people who have a lot more to gain by violating than going through the process; if they have a tent, they are required to have a fire permit. Fire Chief Kimble said the inspector went down there and cited them for numerous violations, but they were able to bring their tent into compliance with the Fire Code. Discussion. City Attorney McLean said the Fire Inspector does not refuse to inspect for fire violation on the grounds that a person may or may not also need a planning permit; the public safety inspection is made by the public safety inspector; whether or not the people are going to engage in an activity that violates a planning law is a separate issue; regardless of whether the planning people are right or wrong in allowing or not allowing the activity, we do not want an unsafe place of public assembly. Vice Mayor Dalla said he was looking for a way where we have some leverags and it doesn't seem to be in Planning; perhaps we could tie the ultimate fire certification to the other authorization. City Attorney McLean said Council could direct staff that the policy they want enforced is that we will not inspect for public safety purposes and therefore not allow use as a place of public assembly if the activity does not have all the other ancillary permits, such as planning. Further discussion. City Attorney McLean said the Fire Inspector took it upon himself to initiate a safety inspection and called the attorney to inquire if he had a right to make the inspection even though the people had not applied for a permit; Mr. Devendorf was doing his job. Mayor Morgan said on Olive we have a wider easement than the ditch; if we can make that drain wider than the easement, we should do everything we can. City Manager McCabe said we are also putting in some additional sizing on the drain out there, but he will check the easement. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 7:00 p.m., September 13, 1983. Carried by unanimous vote. The meeting closed at 4:36 p.m. 9/6/83 GS CITY CLERK Book 63 Page 163 The foregoing minutes were approved at the regular meeting of the City Council on September 13, 1983. Corrections ✓ No Corrections CITY OF NATIONAL CITY, CALIFORNIA 9/6/83