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.