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HomeMy WebLinkAbout1989 03-28 CC MINBook 71/Page 73 3/28/89 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 28, 1989 The regular meeting of the City Council of the City of National City was called to order at 7:03 p.m. by Mayor Waters. ROLL CALL Council members present: Inzunza, Pruitt, Van Deventer, Waters. Absent Della. Administrative officials present Boiint, Eiser, McCabe, Myers, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with the invocation by City Manager McCabe. Councilman Della entered the Council Chamber at 7:05 p.m. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Pruitt, the minutes of the adjourned meeting of March 14, 1989 and the regular meeting of March 21, 1989 be approved. Carried by unanimous vote. BOARDS & COMMISSIONS/APPOINTMENTS Mayor Waters turned the meeting over to Vice -Mayor Pruitt. PLANNING COMMISSION SUBJECT: The City Councils appointment to the Planning Commission. ACTION: Ballots were distributed to each member of the Council and returned to the City Clerk for a count of the votes. After counting the votes, the City Clerk announced that there were two votes for Diego Aguilera and 3 votes for Tim Moynahan. Mayor Waters said that a four -fifths vote was needed for any member who had been on the board for 12 years, so a re vote was needed. Another ballot was distributed to each member of the Council and returned to the City Clerk for a count of votes. After counting the votes, the City Clerk announced that there were 3 votes for Diego Aguilera, 1 for Tim Moynahan and 1 for Kathleen Smith. The Mayor announced that the new Planning Commissioner was Diego Aguilera. PROCLAMATIONS Moved by Van Deventer, seconded by Pruitt, the Proclamation be accepted by title only. Carried by unanimous vote. The Proclamation declaring the month of March 1989 as "MENTAL RETARDATION MONTH' was read aloud in full by Mayor Waters. The Mayor then presented the Proclamation to Richard Farmer of the Association for Retarded Citizens. MAYOR TECATE/SISTER CITY/EASTER The Mayor read into the record a list of local businesses who donated items for the Easter Baskets, along with those who helped with their preparation and delivery (copy on file in the Office of the City Clerk). The baskets were delivered on Saturday, March 25, to the orphanages in Tecate. PUBLIC HEARINGS APPEAL/CONDITIONAL USE PERMIT 1. SUBJECT: Continued Public Hearing - Appea! of Planning Commission denial of Conditional Use Permit application for construction and operation of a 99 bed intermediate health care facility at 614 East 8th Street (Applicant: Bobby Knox) (Case File No. CUP-1988-1) **Continued from Council Meeting of 2/28/89** RECOMMENDATION: Staff recommended approval of the application. The Planning Commission voted to deny the application at their meeting of 9/19/88. TESTIMONY: Bobby Knox, Architect, representing the owner, 614 E. 8th Street, National City, answered Council questions regarding the proposed project. ACTION: Motion by Van Deventer, seconded by Inzunza, to close the Public Hearing and move in favor of approval with Staffs recommended conditions. Carried by unanimous vote. COMMUNITY DEVELOPMENT BLOCK GRANT FY 86-87 & 87-88 2. SUBJECT: Public Hearing - Reprogramming of a portion of the 1986-87 and 1987-88 Community Development Block Grant Program Funding. RECOMMENDATION: Staff recommendation was to hold the hearing, consider the protests, and proceed with the reprogramming of the funds. Book 71/Page 74 3/28/89 TESTIMONY: None. ACTION: Motion by Pruitt, seconded by Van Deventer, the Public Hearing be closed. and for approval. Carried by unanimous vote ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,912 through 15,928). Vice -Mayor Pruitt said he would be abstaining on item Nos. 6 through 17 (Resolutions 15,915 through 15,926) as his home abuts Euclid Avenue. Moved by Van Deventer. seconded by Inzunza, the Consent Resolutions be adopted. Carried by unanimous vote. WEED ABATE CONFIRMATION 3. Resolution No. 15,912, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF WEED ABATEMENT.' Adopted. See above. BUDGET TRANSFER/CDC BLOCK GRANT FUNDS 4. Resolution No. 15,913, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITYAUTHORtZING THE TRANSFER OF FUNDS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING: Adopted. See above. POLICE/JUVENILE EDUCATION FUND 5. Resolution No. 15,914, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A FUND FOR JUVENILE EDUCATION." Adopted. See above. ACQUISITION ESCROW/CONFLICT OF INTEREST 6. Resolution No. 15,915, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF A PORTION OF THE PROPERTY NEEDED FOR THE EUCLID AVENUE EXTENSION (A.P.N. 558-180-10) PER FIDELITY NATIONAL TITLE ESCROW NO. J.B. 9940." Adopted. Abstaining: Pruitt See above. DEEDS & EASEMENTS/CONFLICT OF INTEREST 7. Resolution No. 15,916, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM GABRIEL LEYSON GADOR AND MERCEDES GADOR AND DIRECTING RECORDATION OF A GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES. (Euclid Avenue) (A.P.N. 558-180-10)." Adopted. Abstaining: Pruitt. See above. STREETS/NAMING & DEDICATING/CONFLICT OF INTEREST 8. Resolution No. 15,917, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DEDICATING AND NAMING A PORTION OF A PARCEL OF LAND AS EUCLID AVENUE FOR STREET PURPOSES. (A.P.N. 558-180-10)." Adopted. Abstaining: Pruitt. See above. ACQUISITION ESCROW/CONFLICT OF INTEREST 9. Resolution No. 15,918, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF A PORTION OF THE PROPERTY NEEDED FOR THE EUCLID AVENUE EXTENSION (A.P.N. 561-262-11) PER FIDELITY NATIONAL TITLE ESCROW NO. J.B. 9857." Adopted. Abstaining: Pruitt See above. DEEDS & EASEMENTS/CONFLICT OF INTEREST 10. Resolution No. 15,919, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM MARIA ELENA PIERCE ENGSTROM AND DIRECTING RECORDATION OF A GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES. (Euclid Avenue) (A.P.N. 561-262-11)." Adopted. Abstaining: Pruitt See above. STREETS/NAMING & DEDICATING/CONFLICT OF INTEREST 11. Resolution No. 15,920, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DEDICATING AND NAMING A PORTION OF A PARCEL OF LAND AS EUCLID AVENUE FOR STREET PURPOSES. (A.P.N. 561-262-11)." Adopted. Abstaining: Pruitt. See above. ACQUISITION ESCROW/CONFLICT OF INTEREST 12. Resolution No. 15,921, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF A PORTION OF THE PROPERTY NEEDED FOR THE EUCLID AVENUE EXTENSION (A.P.N. 558-180-11) PER FIDELITY NATIONAL TITLE ESCROW NO. J.B. 9938." Adopted. Abstaining: Pruitt See above. Book 71/Page 75 3/28/89 DEEDS & EASEMENTS/CONFLICT OF INTEREST 13. Resolution No. 15,922, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM REVELINO QUEBRAL AND NATIVIDAD QUEBRAL AND DIRECTING RECORDATION OF GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES. (Euclid Avenue) (A.P.N. 558-180-11)." Adopted. Abstaining: Pruitt See above. STREETS/NAMING & DEDICATING/CONFLICT OF INTEREST 14. Resolution No. 15,923, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DEDICATING AND NAMING A PORTION OF A PARCEL OF LAND AS EUCLID AVENUE FOR STREET PURPOSES. (A.P.N. 5:58-180-11)." Adopted. Abstaining: Pruitt. See above. ACQUISITION ESCROW/CONFLICT OF INTEREST 15. Resolution No. 15,924, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF A PORTION OF THE PROPERTY NEEDED FOR THE EUCLID AVENUE EXTENSION (A.P.N. 558-240-08) PER FIDELITY NATIONAL TITLE ESCROW NO. J.B. 15010." Adopted. Abstaining: Pruitt See above. DEEDS & EASEMENTS/CONFLICT OF INTEREST 16. Resolution No. 15,925, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM WILLIAM SCOTT DESMOND AND FETUAO DESMOND AND DIRECTING RECORDATION OF A GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES. (Euclid Avenue) (A.P.N. 558-240-08)." Adopted. Abstaining: Pruitt. See above. STREETS/NAMING & DEDICATING/CONFLICT OF INTEREST 17. Resolution No. 15,926, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DEDICATING AND NAMING A PORTION OF A PARCEL OF LAND AS EUCLID AVENUE FOR STREET PURPOSES. (A.P.N. 558-240-08)." Adopted. Abstaining: Pruitt. See above. BUDGET TRANSFER/VACCINATIONS 18. Resolution No. 15,927, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROPRIATING AND TRANSFERRING FUNDS TO MEET NECESSARY BUDGET REQUIREMENTS FOR HEPATITIS "B" VACCINATIONS: Adopted. See above. CONTRACT/SIDEWALKS, CURB & GUTTER 19. Resolution No. 15,928, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONALCITY DECLARING B-1 ENTERPRISE CORPORATION TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH B-1 ENTERPRISE CORPORATION. (Engineering Project No. 1023)." Adopted. See above. NEW BUSINESS FINANCIAL MANAGEMENT 20. SUBJECT: Warrant Register No. 38. Ratification of Demands in the amount of $150,523.21 (Warrants Nos. 104860 through 104977 inclusive, excepting none) and Certification of Payroll in the amount of $358,900.31. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Motion by Pruitt, seconded by Van Deventer, the bills be ratified and the payroll certified. Warrants ratified by the following vote, to -wit Ayes: Delia, Inzunza, Pruitt, Van Deventer, Waters. Nays: None. LIQUOR LICENSE APPLICATIONS ALCOHOLIC BEVERAGE LICENSE 21. SUBJECT: Type 20 - Original License - 1635 Sweetwater Road, Suite E. Type 20 Liquor License is an off -sale beer and wine license which authorizes the sale of beer and wine for consumption off the premises where sold. RECOMMENDATION: The Police and Building Department stated no grounds for objection. The Planning Department stated grounds for objection. ACTION: Motion by Della seconded by Pruitt, the license be protested until a Conditional Use Permit is acquired. Carried by unanimous vote. Book 71/Page 76 3/28/89 OTHER BUSINESS FINANCE/REPORTS 22. SUBJECT: Finance Director's Cash and Investment Reports as of January 31, 1989. RECOMMENDATION: Staff recommended the reports be accepted and filed. ACTION: Moved by Van Deventer, seconded by Pruitt, in favor. Carried by unanimous vote FINANCE/REPORTS 23. SUBJECT: Finance Director's Cash and Investment Reports as of February 28, 1989. RECOMMENDATION: Staff recommended the reports be accepted and filed. ACTION: Moved by Van Deventer, seconded by Pruitt, in favor. Carried by unanimous vote PLANNING/REPORTS 24. SUBJECT: Report on alleged hedge height violations at 1600-1606 "L" Avenue and other locations and related policy issues. RECOMMENDATION: Staff recommended that the property owner be directed to trim the hedges to a height of four feet per code in the setback areas only. ACTION: Moved by Van Deventer, seconded by Pruitt, in favor of Staffs recommendation. Ayes: Della, Inzunza, Pruitt, Van Deventer. Nays: Waters. TEMPORARY USE PERMIT 25. SUBJECT: Use of Kimball Community Building for Altrusa Career Day Luncheon and waiver of fees. RECOMMENDATION: Staff recommended approval of the use of the Community Building and waiver of the $20.60 fees. They also recommended requiring provision of appropriate insurance. ACTION: Moved by Van Deventer, seconded by Inzunza, in favor of Staffs recommendation. Carried by unanimous vote ENGINEERING/REPORT 26. SUBJECT: California Traffic Safety Conference - San Jose, California. RECOMMENDATION: Staff requested Council to provide direction as to specific policy guidelines regarding number of Commissioners to attend these events, frequency of attending, and financial limitations and purpose. The Traffic Safety Committee recommended approval of the request and the authorization of three members to attend the Traffic Safety Conference. ACTION: Moved by Van Deventer, seconded by Inzunza, in favor Mr. Myers recommendation and allocation of funds from non -department travel & subsistence. Carried by unanimous vote Motion by Della, seconded by Inzunza, to have Staff provide policy for members of these committees to participate in these types of things, but at the same time have some guidelines such as once every couple of years. Carried by unanimous vote. TEMPORARY USE PERMIT 27. SUBJECT: Temporary Use Permit - Boys and Girls Clubs of National City request a TUP for a cameral to raise funds for their clubs. RECOMMENDATION: Staff recommended approval subject to the conditions fo the City Attorney, Fire, Police and Finance Departments. (Require Public Liability Insurance with City and CDC named as Additional Insured - amounts to be approved by Risk Manager. Police expenditures to consist of Reserve Officers only, unless emergency assistance required. Secure separate permit from Fire Department with plot plan; certificate of fire retardancy for canopies and tents; inspection required prior to opening. $2,500. Bond is required. ACTION: Moved by Van Deventer, seconded by Inzunza, in favor subject to the conditions outlined by Staff. Carried by unanimous vote CITY MANAGER - No report. CITY ATTORNEY CLAIM/TRIBUNE VS. CITY OF NATIONAL CITY/HART SETTLEMENT 28. SUBJECT: Consideration of Court's Decision in The Tribune, et al v. City of National City, et al. (Suit to Obtain Disclosure of Hart Settlement Agreement). ACTION: Motion by Van Deventer, seconded by Pruitt, to release the settlement agreement Carried by unanimous vote. OTHER STAFF - No report Book 71/Page 77 3/28/89 MAYOR STATE OF THE CITY ADDRESS The Mayor invited the Public to attend his Address to the City which will be held tomorrow, March 29, 1989 at 6:30 p.m. in the Council Chambers. CITY COUNCIL LAND EXCHANGE 29. SUBJECT: Land Exchange (Philipino American Community of National City). TESTIMONY: Robert Abrigo, 6960 Quebec Court, San Diego. ACTION: Moved by Van Deventer, seconded by Pruitt. to refer this to Staff to study and come back with a written report to Council and begin the zone change and General Plan amendment to go to the Planning Commission to begin hearings. Carried by unanimous vote. PHILIPINO AMERICAN COMMUNITY OF NATIONAL CITY Councilman Van Deventer suggested the Mayor meet with the Philipino group and find out where they are going, what they would like to see, and where they are at and bring back a written request to Council of what they would like considered. Motion by Van Deventer, seconded by Della, the Mayor meet with PACNC. No vote taken. PLANNING COMMISSION/MOYNAHAN Councilman Dalla commented on Tim Moynahan's service on the City Planning Commission. He stated that Tim had brought a unique perspective to the Commission by being a resident and a business owner who had his business in the City and we need more people on our Committees like him. Vice -Mayor Pruitt and Mayor Waters concurred. PUBLIC ORAL COMMUNICATIONS None. ADJOURNMENT Moved by Van Deventer, seconded by Della, the meeting be adiourned to the City Council Workshop on Civic Center Architectural Proposal - April 4, 1989 - 2:00 p.m. - Large Conference Room. Next Regular Council Meeting - April 4, 1989 - 4:00 p.m. Council Chambers. Carried by unanimous vote. The meeting closed at 8:27 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of April 4, 1989 MAYOR CITY OF NATIONAL CITY, CA ALL CITY COUNCIL MEETINGS ARE TAPE RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE OR THE NATIONAL CITY PUBLIC LIBRARY. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK.