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HomeMy WebLinkAbout1989 08-22 CC MINBook 71/Page 167 8/22/89 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 22, 1989 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Waters. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. Administrative officials present: Bolint, 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 by the invocation by Councilman Dalla. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Pruitt, the minutes of the regular meeting of August 15.1989 and the minutes of the adjourned meeting of August 15. 1989 be approved. Carried by unanimous vote. PRESENTATIONS Presentation of Longevity Award to Mary Edna Bachand, Recreation Supervisor, Parks and Recreation Department. Mayor Waters presented a 30 year diamond award and a Golden Key to the City to Ms. Bachand. BOARDS AND COMMISSIONS INTERVIEWS/APPOINTMENTS HOUSING & COMMUNITY DEVELOPMENT COMMISSION RECOMMENDATION: Mayor Waters recommended that the applicants that were interviewed by the City Council on August 1, 1989 and have expressed a desire to serve on this Commission, to -wit: James Allen, Louise Eickholt and Lola Williams be appointed. Furthermore, Mr. Andres Magaoay and Mr. William Wallace and Ms. Carolyn Kruse be reappointed. ACTION: Moved by Van Deventer, seconded by Pruitt, that James Allen Louise Eickholt and Lola Williams be appointed. Councilman Pruitt added that Mr. Magaoay, Mr. Wallace and Ms. Kruse had asked to be reappointed. Maker and second agreed to appoint all at this time. Carried by unanimous vote. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE: RECOMMENDATION: Mayor Waters recommended that Councilman Van Deventer be designated as the Voting Delegate for the League Annual Conference and in the event that Mr. Van Deventer didn4 make it to the Conference, Councilman Pruitt be the alternate. All Council members concurred with this decision. PROCLAMATIONS Moved by Van Deventer, seconded by Pruitt, the Proclamations be accepted by title only. Carried by unanimous vote. The Proclamation proclaiming August 25, 1989 to be: "SAN YSIDRO HEALTH CENTER DAY" was read aloud in full by Mayor Waters who then stated he will deliver the Proclamation personally. The Proclamation proclaiming September 2, 1989 as "DRIVE FOR LIFE DAY" was read aloud in full by Mayor Waters. The Mayor then presented the Proclamation to Faye Adams, who accepted it on behalf of MADD/Volkswagen. PUBLIC HEARINGS ZONE VARIANCE 1. SUBJECT: Public Hearing - Appeal of Planning Commission denial of zone variance to allow access via an easement across property at 2820 "D" Avenue for development of a single-family residence on adjacent property to the west. (Applicant: Ralph King) (Case File No. Z-2-89). The City Clerk reported that the Affidavit of Mailing and Proof of Publication was on file in the Office of the City Clerk and that one letter of opposition had been received and was also on file in the Office of the City Clerk. RECOMMENDATION: Staff recommends that the variance be approved subject to conditions, based on findings. Planning Director Post recommended that there be a dedication of a half -width street, 25 feet along the northerly portion of the front two parcels, which would provide half -width access to the subject property in question and would avoid the need for a variance. Book 71/Page 168 8/22/89 TESTIMONY: Mrs. Castro, 2745 "B", questioned staff's recommendation which requires Mr. King and the property owner, north of his property to build a road and as to how it would affect her property. Mr. King, 2820 "D" questioned the necessity of a 25 foot easement. ACTION: Moved by Van Deventer, seconded by Inzunza, to lay this item over to September 5. 1989 to continue the Public Hearing. Carried by unanimous vote. GENERAL PLAN/ZONING 2. SUBJECT: Public Hearing - Amendment to the General Plan and Title 18 of the Municipal Code regarding the maximum number of units allowed in the RM-1 (Multi - Family Residential) Zone. (Applicant: City Initiated) (Case File No. GP-1-89/A-2-89). The City Clerk reported that the Affidavit of Mailing and Proof of Publication was on file in the Office of the City Clerk RECOMMENDATION: Staff recommends a 12 month continuance to allow time to monitor the quality of higher density residential development in the commercial zones. TESTIMONY: John Tenwold, 2420 "N" Ave., spoke regarding his family's rental property and requested restoration of the property to it's original zoning. Calvin J. Oliver, 7970 Shadow Villa Drive, La Mesa, represented family members residing at 2504, 2514, and 2530 "D" Avenue. He spoke in favor of the proposed ordinance. ACTION: The Mayor declared the Public Hearing closed. Moved by Van Deventer, seconded by Pruitt, to move for approval of the modified 1900 sq. ft. per unit in the RM-1 zones to allow development and close the Public Hearing. Carried by the following vote, to -wit: Ayes: Pruitt, Inzunza, Van Deventer, Waters. Nays: Dalla. MUNICIPAL CODE/HEALTH, SANITATION, LAND USE & HAZARDOUS MANAGEMENT FEES 3. SUBJECT: Public Hearing - Adoption of San Diego County Ordinance No. 7647 (New Series) relating to Health, Sanitation, Land Use and Hazardous Materials Management Fees and Superseding Ordinance No. 1953. The City Clerk reported that Affidavit of Mailing and Proof of Publication is on file in the Office of the City Clerk. RECOMMENDATION: Staff recommends repeal of Ordinance No. 1953 dated July 19, 1988 and adoption of Ordinance 7647. TESTIMONY: None. ACTION: Moved by Van Deventer, seconded by Pruitt, that this Public Hearing be closed and move in favor of the Ordinance. Carried by unanimous vote. CONSENT RESOLUTIONS (Resolutions 16,054 through 16,065). Mayor Waters stated that Item 4 and Item 14 went together and should be voted together. Moved by Van Deventer, seconded by Pruitt, the Resolutions be accepted by title only. Carried by unanimous vote. PARKING/TRAFFIC SIGNS 4. Resolution No. 16,054," A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF A TWO-HOUR PARKING AREA ON THE NORTH SIDE OF 20TH STREET, FROM "A" AVENUE TO THE ALLEY WESTERLY." See Item #14. NON CONSENT RESOLUTION TRAFFIC/PARKING 14. Resolution No. 16,066, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ADJUSTMENT OF THE BOUNDARIES FOR RESIDENTIAL PARKING DISTRICT "A"." TESTIMONY: Ernesto Hernandez, 2113 "A" Avenue, spoke in opposition. Billy Hilger, 2023 "A" Avenue, spoke in opposition. ACTION: Moved by Van Deventer, seconded by Pruitt, in favor of not approving Resolutions 15.054 and 16.066 and Staff to make sure signs are up. Carried by unanimous vote. Mayor Waters called a recess at 8:43 p.m. Council reconvened at 8:55 p.m. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. Book 71/Page 169 8/22/89 CONSENT RESOLUTIONS (continued) Moved by Van Deventer, seconded by Pruitt, in favor. Councilman Pruitt stated he would be abstaining on Items 8 and 9 (Resolutions 16,058 and 16,059) as his home abuts Euclid Avenue right of way. Carried by unanimous vote. DEED & EASEMENT/30TH AND K 5. Resolution No. 16,055, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF AN EASEMENT FOR DRAINAGE PURPOSES, 30TH AND "K" (Aardema). (A.P.N. 563-370-34)." Adopted. See above. PARKING/TRAFFIC 6. Resolution No. 16,056, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REMOVAL OF PARKING RESTRICTIONS ON VALLEY ROAD." Adopted. See above. CONTRACT/PACIFIC ENGINEERING 7. Resolution No. 16,057, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH PACIFIC ENGINEERING TO PROVIDE SOILS AND MATERIALS SERVICES TO THE CITY." Adopted. See above. ACQUISITION ESCROW/2406 20TH STREET 8. Resolution No. 16,058, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ACQUISITION ESCROW FOR THE PURCHASE OF PROPERTY AT 2406 20TH STREET, A.P.N. 558-281-20, FROM MANUAL AND YOLANDA OCHOTORENA." Adopted. See above. Abstaining: Pruitt. DEEDS & EASEMENTS/2406 20TH STREET 9. Resolution No. 16,059, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY AT 2406 20TH STREET, A.P.N. 558-281-20, FROM MANUAL AND YOLANDA OCHOTORENA." Adopted. See above. Abstaining: Pruitt. CONTRACT/POLICE SERVICES 10. Resolution No. 16,060, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR POLICE PROTECTION SERVICES ON SAN DIEGO UNIFIED PORT DISTRICT PROPERTY LOCATED IN THE CITY OF NATIONAL CITY." Adopted. See above. PARKING/TRAFFIC 11. Resolution No. 16,061, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A 55 FOOT RED CURB ON THE EAST SIDE OF NATIONAL CITY BOULEVARD, NORTH OF 33RD STREET. (Keystone Trailer Park)." Adopted. See above. PARKING/TRAFFIC 12. Resolution No. 16,062, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A 75 FOOT RED CURB AT 2605 HIGHLAND AVENUE. (Highland Avenue Baptist Church)." Adopted. See above. CONTRACT/EMT-D PROGRAM 13A. Resolution No. 16,063, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN INDEMNIFICATION AGREEMENT IN FAVOR OF NATIONAL CITY FIREFIGHTERS.' Adopted. See above. 13B. Resolution No. 16,064, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH HARTSON'S MEDICAL SERVICE BY ADDING A "FIRST RESPONDER TRAINING CHARGE" TO IMPLEMENT THE EMT-D PROGRAM." Adopted. See above. 13C. Resolution No. 16,065, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN DIEGO BY ADDING A "FIRST RESPONDER TRAINING CHARGE" TO IMPLEMENT THE EMT-D PROGRAM." Adopted. See above. Book 71/Page 170 8/22/89 NON -CONSENT RESOLUTIONS Moved by Van Deventer, seconded by Pruitt they be accepted by title only. Carried by unanimous vote. TRAFFIC/PARKING 14. Resolution No. 16,066, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ADJUSTMENT OF THE BOUNDARIES FOR RESIDENTIAL PARKING DISTRICT "A"." This Item heard with Item #4, Consent Resolution No. 16,054. CITY OWNED LAND/RIGHT OF ENTRY 15. Resolution No. 16,067, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING A RIGHT OF ENTRY TO CITY OWNED LAND IN FAVOR OF THE U.S. ARMY CORPS OF ENGINEERS." ACTION: Moved by Van Deventer, seconded by Pruitt, jn favor of Resolution 16.067. Moved by Van Deventer, seconded by Inzunza, to hold this item over until the September 5th meeting and the Staff and the Mayor to meet with the Corp representative to try to work something out. otherwise have the Coro representative be present at the Council meeting. Maker and second agreed to withdraw the first motion. Carried by unanimous vote. POLITICAL SUPPORT/LITTLE AMERICA'S CUP 16. Resolution No. 16,068, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING THE CHULA VISTA YACHT CLUB'S CHALLENGE FOR THE LITTLE AMERICA'S CUP. RECOMMENDATION: The Staff recommends adopting the resolution. TESTIMONY: Bob Curry, Director of National City Chamber of Commerce spoke in favor and was given a copy of the Resolution to take to Brian Bilbray. ACTION: Moved by Van Deventer, seconded by Inzunza in favor of Resolution No. 16.068. Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by Van Deventer, seconded by Dalla, that the Ordinance be accepted by title only. Carried by unanimous vote. HEALTH, SANITATION, LAND USE AND HAZARDOUS MATERIAL MANAGEMENT FEES 17. "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTING SAN DIEGO COUNTY ORDINANCE NO. 7647 (NEW SERIES) RELATING TO HEALTH, SANITATION, LAND USE AND HAZARDOUS MATERIAL MANAGEMENT FEES AND SUPERSEDING ORDINANCE NO. 1953." Moved by Della, seconded by Pruitt, in favor of the adoption of the Ordinance No. 1983. Carried by unanimous vote. NEW BUSINESS FINANCIAL MANAGEMENT 18. SUBJECT: Warrant Register No. 07. Ratification of Demands in the amount of $152,958.42 (Warrant Nos. 106833 through 106925 inclusive, excepting none. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Motion by Van Deventer, seconded by Pruitt, jn favor. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Abstaining: None. CLAIM(S) FOR DAMAGES MWANDAJI KWELI 19. SUBJECT: Rejection of Claim - Mwandaji Kweli ACTION: Motion by Van Deventer, seconded by Inzunza, to deny the claim and refer it to the City Attorney. Carried by unanimous vote. OTHER BUSINESS ZONE VARIANCE 20. SUBJECT: Notice of Decision - Planning Commission Resolution No. 31-89 approving a Zone Variance to allow a 4,816 sq. ft. parcel in lieu of the minimum 5,000 sq. ft. required at 1431 Fig Court. (Applicant: City of National City) (Case File No. Z- 10-89) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. ACTION: Moved by Van Deventer, seconded by Dalla, that this item be filed. No objection as filed. Book 71/Page 171 8/22/89 BLUE RIBBON COMMITTEE/PROPOSITION C 21. SUBJECT: Report from the Blue Ribbon Committee regarding implementation of Proposition C. RECOMMENDATION: Staff recommends that comment be forwarded to the Blue Ribbon Committee indicating support of its proposal. ACTION: Moved by Van Deventer, seconded by Pruitt, in favor of Staffs recommendation to forward comments to the Blue Ribbon Committee in suDDort for this proposal. Carried by unanimous vote. BUDGET"FY 88/89 22. SUBJECT: Report of Plan Check Revolving Fund for Fiscal Year 1988/89. RECOMMENDATION: Staff recommends approval of retention of $30,000 in the revolving fund to defray cost which may occur prior to the replenishment of the fund. ACTION: Moved by Dalla, seconded by Pruitt, that this be accepted and filed. No objection as filed. TEMPORARY USE PERMIT 23. SUBJECT: Temporary Use Permit - Radio Latina (XLTN-FM) and Fiesta Mexicana (X96-FM) request a TUP to celebrate Mexican Independence Day with Folklorico Dancers, local and major talents, etc. at Kimball Park on September 15-17, 1989 from 7:00 a.m. - 10:00 p.m. To serve alcoholic beverages and waiver of fees is also requested. RECOMMENDATION: Staff recommends approval subject to the conditions of the City Attorney, Risk Manager, Police and Fire Departments, to -wit: (1) Fire Dept. - separate Fire Dept permit shall be obtained prior to opening. (2) Parks and Recreation will coordinate and set-up meeting. (3) Hold harmless and public liability insurance required. (4) One million general liability insurance and one million liquor liability with the City, its agents, employees and volunteers named as an additional insured. (5) Fenced secure beer gardens; sufficient private security to insure safety of National City citizens; and project to obtain ABC license. ACTION: Moved by Van Deventer, seconded by lnzunza, in favor subject to conditions of the City Attorney. Risk Manager. Police and Fire Departments. Carried by unanimous vote. TEMPORARY USE PERMIT 24. SUBJECT: Temporary Use Permit - Kimball School Reunion Committee request a TUP to hold a "Community Celebration (3-mile run/1-mile walk, flag raising, live music, amplified sound, etc.) at Kimball School on September 9, 1989 from 8:00 a.m. - 8:00 p.m. Closing of 18th Street between Harding Avenue and Coolidge Avenue and waiver of fees are also requested. RECOMMENDATION: Staff recommends approval subject to the conditions set forth by various departments, to -wit: (1) Fire - closing of streets shall not hamper the access and operation of the Fire Dept. in an emergency situation. (2) Requires hold harmless, and public liability insurance with limits established by Risk Manager. (3) One million dollars general liability insurance with City, officers, agents, employees and volunteers named as an additional insured. ACTION: Moved by Dalla, seconded by lnzunza, in favor of the TUP with Staffs recommendation. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY City Attorney Eiser reported on the progress of Chuck's Bookstore. He received an order Friday granting a permanent injunction to actually close the business. He also commended Assistant City Attorney Harter for the progress she has made in this matter. Mayor Waters also commented on the progress of the City, especially concerning Chuck's Bookstore. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL Councilman Dalla spoke regarding Chuck's Bookstore. Vice Mayor Pruitt spoke regarding a pending land sale which was put out to bid and requested Staff provide a report of costs involved when other businesses built over the ditch, i.e. McDonalds, Popeye, Galleria, Circle K. He also requested a list of prior properties which he felt were not handled the same. Book 71/Page 172 8/22/89 The Mayor and Council concurred that when bids are opened on the 31 st of August, all bids will be rejected on the September 5, Agenda and in the future, the Engineering Staff will make Council aware prior to putting property out to bid. Vice Mayor Pruitt spoke regarding the Civic Center Workshop and stated that the re- scheduled date of 8-24 was not workable for him. Council consensus was to carry it over to the 6th of September at 2:00 p.m. PUBLIC ORAL COMMUNICATIONS Tim Moynahan, 2510 "L" Avenue, National City, owner of Moynahans Towing spoke regarding his firms' contract with the City. Louise Eickholt, of Morgan Towers, advised Council that they will be having their "Over 80's Party" on October 26th and requested the Council's Financial Support. ADJOURNMENT Motion by Pruitt, seconded by Dalla, the meeting be adjourned to the next regular City Council Meeting - September 5. 1989 - 4:00 D.M. - Council Chambers. Carried by unanimous vote. The meeting closed at 10:03 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of September 5, 1989. 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.