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HomeMy WebLinkAbout1983 11-01 CC MINBook 63 Page 201 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 1, 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, 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 Pastor Mike Hanson, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of October 25, 1983 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENT The Mayor's proposed reappointment of Jim Colvin to the Sweetwater Authority Board of Directors was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Myor's recommendation. Vice Mayor Dalla said we have two boards where we have people serving outside the City (Sweetwater Authority and the Port District) and he would like to see an annual report on their activities. Mayor Morgan said he would start working on a report. Motion carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS NORM FISH, 1900 National City Blvd., was present and said one year and two months ago he applied for a temporary structure at 1900 National City Blvd., and received a one-year permit; he would like to renew the permit for one year. Discussion. Mr. Fish said if he cannot afford to build a permanent structure in one year, he will move out. Further discussion. Mayor Morgan advised Mr. Fish to make application through Acting Planning Director Post. MICHAEL GREEN (Attorney for Ivy Cottage), 535 'H' Street, Chula Vista, was present to request reconsideration of the CUP for Ivy Cottage and introduced the owner of Ivy Cottage, DR. EDWARD RACEK, 2200 Highland. Dr. Racek said Ivy Cottage is in financial difficulty; food sales are enough to carry the business if the bar sales are performing as they should be; time is of the essence; Ivy Cottage is sustaining losses of $7,000-10,000 each month; it will take 2-3 weeks to get his liquor license altered if it is approved at the public hearing. City Attorney McLean and Acting Planning Director Post left Council Chambers at 4:07 p.m. to discuss this with Mr. Green and Dr. Racek. See Para. 3, Page 202. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,163, "RESOLUTION ADJUSTING THE FY83-84 CAPITAL IMPROVEMENT BUDGET (Installation of Traffic Control Signal at Plaza and Palm)." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,163 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,164, "RESOLUTION ACCEPTING REAL PROPERTY FOR STREET PURPOSES (Sheila Alberts - 19th Street Condemnation)." Moved by Dalla, seconded by Camacho, Resolution No. 14,164 be adopted. Carried by unanimous vote. 11/1/83 Book 63 Page 202 Resolution No. 14,165, "RESOLUTION AWARDING CONTRACT FOR TRAFFIC SIGNAL STUDY TO HERMAN KIMMEL AND ASSOCIATES, INC." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,165 be adopted. Discussion. (City Attorney McLean and Acting Planning Director Post returned to Council Chambers.) Carried by unanimous vote. Councilman Waters introduced Chula Vista Mayor Greg Cox and Vice Mayor Len Moore who were present in the audience. National City "Cheerleaders" presented Mayor Cox and Vice Mayor Moore with National City softball T-shirts. Assemblyman Steve Peace read a Resolution accepting Grant Deed to Chula Vista's tidelands; Councilman Waters presented Mayor Cox with a wreath and Mayor Cox presented Mayor Morgan with the "David Calvani Memorial Trophy (South Bay Cup)"; Mayor Cox said possibly Imperial Beach and Coronado will join the annual softball game next year. Mayor Cox requested that National City adopt a resolution supporting Chula Vista's Coastal Plan. City Attorney McLean said Council voted to appeal the decision of the Planning Commission (October 25, 1983) in granting a CUP to Ivy Hall; the appeal is now set for November 22; Council could choose to reschedule the hearing for November 15, provided the City Clerk has the time to send out new notices; a second option is for Council to abandon its appeal; the CUP would then become effective and the owner could go to ABC and do whatever is necessary to get his license. Discussion. Moved by Van Deventer, seconded by Camacho, the hearing be rescheduled to November 15. Dr. Racek returned to the podium and said he does not want to sound ungrateful, but two weeks will make a dramatic difference; he has talked to ABC and they are talking about six weeks. Acting Planning Director Post said comments at the Planning Commission hearing were minimal; there were no protests from the public; the CUP was approved with very little discussion. Further discussion. Motion and second withdrawn. Moved by Van Deventer, seconded by Camacho, Council abandon the public hearing and approve the Planning Commission's recommendations. Discussion. Councilman Van Deventer commented that Ivy Cottage does not have a trash enclosure. Acting Planning Director Post said he would check into this. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Resolution No. 14,166, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS (Budget Amendment for Repair of Drainage Facilities)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,166 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,167, "RESOLUTION ACCEPTING GRANT DEED FROM SAN DIEGO FEDERAL SAVINGS & LOAN ASSOCIATION AND TO EXECUTE QUITCLAIM DEED TO SAN DIEGO FEDERAL SAVINGS & LOAN ASSOCIATION FOR LAND EXCHANGE (Southeast corner of 22nd Street and Wilson Avenue)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,167 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,168, "RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GREAT AMERICAN FEDERAL SAVINGS BANK (MAINTENANCE OF PARADISE CREEK CHANNEL)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,168 be adopted. Carried by unanimous vote. Resolution No. 14,169, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS (Purchase of one Police vehicle)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14t169 be adopted. Discussion. Carried by unanimous vote. 11/1/83 Book 63 Page 203 Resolution No. 14,170, "RESOLUTION SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS ON A PROPOSED JOBS BILL (PUBLIC LAW 98..8) GRANT APPLICATION TO THE STATE OF CALIFORNIA." Executive Director, Community Development Commission, Arnold Peterson was present and requested the second hearing date be changed from December 27, 1983 to January 10, 1984. Moved by Van Deventer, seconded by Camacho, Resolution No. 14,170 be adopted changing the second hearing from December 27, 1983 to January 10, 1984. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION (FIRST READING) Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 11/1/83, "Ordinance amending Title 18 (Zoning) of the National City Municipal Code to establish standards for motel development and adding a new chapter 18.43 to establish a motel - Planned Development Combining Zone (MPD)." NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 17, dated October 25, 1983, in the amount of $73,624.98 (Warrants Nos. 81680 through 81744 [voided 81680]) and CERTIFICATION of PAYROLL for the period ending October 15, 1983, in the amount of $247,793.52 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 September 30, 1983 was presented. Ordered filed by unanimous vote. The CLAIM FOR DAMAGES of Eduardo E. Manansala, arising from an accident on October 25, 1983 and filed with the City Clerk on the eame date was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The petition for GRADING and PAVING with PCC of ALLEY 43, filed with the City Clerk on October 25, 1983 was presented. Moved by Dalla, seconded by Van Deventer, this be referred to staff. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. The Parks & Recreation Department's request for street tree removals (The Street Tree and Parkway Committee recommended the following street tree removals [all are creating a hazard because roots are breaking the sidewalk.]; no replacements due to narrow parkways: Oscar Guerra, 25 N. 'T' Ave.; Yvonne T. Harward, 3102 Stockman; Patricia M. Gray, 3714 Kellie Court; Melvin Frommer, 3208 Biggs Court; removal is recommended at the following address to facilitate house demolition with no replacement due to business at that address: Bill Reyes; Bass & Reyes, 115 E. 18th St.) was presented. Moved by Waters, seconded by Dalla, in favor of this request. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters. Nays: Morgan. Abstaining: Van Deventer. The request of MARINE BOILER REPAIR, INC., for TEMPORARY USE PERMIT to place TWO OFFICE TRAILERS at 1403 Cleveland Ave. (Applicant is requesting approval for two office trailers to house additional personnel and office equipment needed for business; a field investi- gation revealed that one of the trailers has already been set up, power lines have been connected and the trailer appears to be in use; Marine Boiler Repair is an established business that occupies a well maintained metal building; it was observed that the unpaved area South of the 11/1/83 Book 63 Page 204 existing building is being used for truck parking; Section 18.58.650 of the Municipal Code requires parking areas to be paved; if Council finds in favor of the application, the following conditions are suggested: 1. Mobile office trailers shall be located in accordance with submitted plans prepared by Joseph Henderson dated 10/11/83; 2. Building Permit shall be obtained prior to placement of structures; 3. Type 2A:10BC fire extinguisher shall be provided for each trailer; 4. Area labeled as "vacant lot" on the plans shall be paved in accordance with Section 18.58.650 of the Municipal Code; staff recommends approval of one office trailer for a period of one year with no possibility of renewal) was presented. Acting Planning Director Post said this has not been to the Planning Commission. Moved by Waters seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. The request of NATIONAL CITY EAGLES for a TEMPORARY USE PERMIT to CONDUCT "LAS VEGAS NIGHT", November 12, 1983, from 7:00 p.m. to 11:30 p.m. at 21 W. 12th St. (Funds raised from this event will be donated to Aerie charities; the Aerie requests waiver of all fees; Building & Safety, Planning, Fire, Public Works, Finance, Police and Paxks & Recreation Departments have reviewed and approved this event subject to the following conditions: 1. Separate permit must be secured from the Fire Dept.; applicant shall provide floor plan of building noting dimensions, seating arrangements and exiting; permit will be issued upon approval of floor plan; 2. Event shall comply with guidelines as set down by District Attorney's office; staff recommends approval) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Carried by unanimous vote. The application for ON -SALE BEER AND WINE LICENSE, TYPE 41, PERSON/ DROP -PARTNER TRANSFER of Frank Pagano III, dba NEW YORK PIZZA, 1467 Plaza Blvd. (Police, Planning, and Building Departments state no objections) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF City Engineer Benzing reported the work on Plaza Blvd. in front of South Bay Plaza is almost complete; the traffic signal at Plaza and 'L' will not be activated until about December 1 because SDG&E does not have the necessary wire. Discussion. MAYOR Mayor Morgan asked the City Clerk to read his memo to the City Manager into the record. November 1, 1983 MEMO TO: Tom McCabe, City Manager FROM: Mayor Morgan RE: Your Memo Concerning the Use of Outside Consultants and Contractors 11/1/83 Book 63 Page 205 "I reviewed subject memo dated October 28th and I am particularly concerned about the hiring of Don Newberry and the outside person that did the surveying on Palm Avenue. I am very much concerned that money that is not budgeted for a specific purpose is being used without my prior knowledge. "In order to actively participate in the operation of this city, it is imperative that I am included in all your decisions concerning all aspects of finances, use thereof, present and future status, etc. Henceforth, all requests for the hiring of consultants, contractors and/or outside help by any department (police, public works, engineering, etc.) are to be brought to my attention before the work commences. "I feel a strong responsibility to the people who elected me to office for the trust they place on me concern- ing the expenditure of public funds. (s) KILE MORGAN Mayor" CITY COUNCIL Councilman Waters spoke of the Animal Regulation Officer's working hours, saying possibly staggered hours would be better. Discussion. Police Chief Hart was present and said he would look into it. Vice Mayor Dalla said the outside engineering help the Mayor spoke of cost the City $1,149; we have acquired a lot of the right-of-way property for Euclid Ave.; because of this expenditure, the project is eligible for a half million dollars in FAU funds; in addition, in another matter relating to Division St., there was an escrow problem with a title company, and because of this individual's knowledge of the situation, there was another $13,000 benefit to the City. Councilman Waters said Council voted to allow the City Manager a leeway of $5,000 on projects without coming to Council; perhaps that policy should be reviewed. Mayor Morgan said that $5,000 policy was for on -going projects. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 4:00 p.m., November 15, 1983 (In accordance with Section 2.04.020 of the National City Municipal Code, there will be no meeting on November 8). Carried by unanimous vote. The meeting closed at 5:01 p.m. i The foregoing minutes were approved at the regular meeting of the City Council on November 15, 1983. Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 11/1/83