Loading...
HomeMy WebLinkAbout1990 08-28 CC MINBook 72/Page 136 08/28/90 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 28, 1990 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, Tom G. McCabe, followed by the invocation by Councilman Dalla. APPROVAL OF MINUTES Motion by Van Deventer, seconded by Dalla, the minutes of the regular meeting of August 21. 1990 be approved. Carried by unanimous vote. PROCLAMATIONS Motion by Van Deventer, seconded by Pruitt, it be accepted by title only. Carried by unanimous vote. The Proclamation proclaiming September, 1990 to be: "UNITED WAY/CHAD MONTH," was read aloud in full by Mayor Waters who then gave it to the City Manager to mail to the appropriate people. RE -DEVELOPMENT Mayor Waters read into the record a letter from City Attorney Eiser regarding the status of the Downtown Re -development Project. Copy on file in the Office of the City Clerk. The 2nd Closed Session was heard at this time. CLOSED SESSION FOR POTENTIAL LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(A) (CITY OF NATIONAL CITY V. CARRILLO) NOTE: Councilman Pruitt stated that he would be abstaining as his home abuts Euclid Avenue. ACTION: Motion by Van Deventer, seconded by Dalla, in favor of Closed Session. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Van Deventer, Waters. Nays: None. Abstaining: Pruitt. Council left the Council Chambers at 7:08 p.m Council returned to the Council Chambers at 7:30 p.m. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. PUBLIC HEARINGS MUNICIPAL CODE 1. SUBJECT: Public Hearing - Amendment to Title 9 (Health and Sanitation) of the National City Municipal Code regarding Food Caterers and Catering Operations. RECOMMENDATION: Staff recommends that the ordinance be adopted at the conclusion of the public hearing. NOTE: The City Clerk noted that Proof of Publication is on file in the Office of the City Clerk. TESTIMONY: None. ACTION: Mayor Waters declared the Public Hearing closed. Motion by Van Deventer, seconded by Inzunza, in favor of Staffs Recommendation and the Public Hearing be closed. Carried by unanimous vote. Book 72/Page 137 08/28/90 Item No. 9 was heard at this time. 9. SUBJECT: Letter from Mr. Rich Riel concerning the Carrillo Property. NOTE: Councilman Pruitt stated he would be abstaining as his home abuts Euclid Avenue. TESTIMONY: Mr. Rich Riel, 2498 LaMarque, spoke in favor of the Carrillo Item. Mr. Richard Adler, Willdan Associates, 888 S. W. Street, Anaheim, answered Councils' questions. ACTION: Motion by Van Deventer, seconded by Dalla, to put the money in Escrow, As the $68.000. is spent. anything above that will be paid and the City Engineer to add language to the Escrow for justification of receipts. if this cannot be agreedto the City Attomey to take legal action and move forward. Maker and second agreed to amend the motion to include, the (tern /o be resolved within 30 days prior to the City Attorney moving forward. Maker and second agreed to withdraw the entire motion. ACTION: Motion by Inzunza, seconded by Van Deventer, to delay the item for 30 days. Carried by the following vote, to -wit: Ayes: Dalia, Inzunza, Van Deventer, Waters. Abstaining: Pruitt. Mayor Waters called a recess. Council left Council Chambers at 8:23 p.m. Council returned to Council Chambers at 8:32 p.m. ROLL CALL Council members present: Inzunza, Van Deventer, Waters. Absent: Dalla, Pruitt. Councilman Pruitt entered the Chambers at 8:33 p.m. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolution Nos. 16,320 and 16,321). Motion by Van Deventer, seconded by Pruitt, in favor. Carried by the following vote, to -wit: Ayes: Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Absent: Dalla. ENCROACHMENT REMOVAL AGREEMENT 2. Resolution No. 16,320. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT FOR "HIGHLAND VIEW TOWN CENTER" AT THE NORTHEAST CORNER OF DIVISION STREET AND HIGHLAND AVENUE." (A.P.N. 551-570-07/William Cunningham). Adopted. See above. Absent: Dalia. VACATIONS 3. Resolution No. 16,321. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE NORTHERLY 45 FT. OF 24TH STREET AND THE 20 FT. WIDE NORTH/SOUTH ALLEY LOCATED ADJACENT TO THE PROPERTY AT THE NORTHWEST CORNER OF WILSON AVENUE AND 24TH STREET." (Applicant: Fred Cameron) (Case File No. SC-5-88). Adopted. See above. Absent: Dalla. ORDINANCES FOR ADOPTION Motion by Van Deventer, seconded by Pruitt, they be adopted by title only. Carried by the following vote, to -wit: Ayes: Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Absent: Dalla. MUNICIPAL CODE 1990 4. "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.07 OF THE NATIONAL CITY MUNICIPAL CODE, AND INCORPORATING BY REFERENCE SAN DIEGO COUNTY AND STATE OF CALIFORNIA REGULATIONS PERTAINING TO FOOD CATERERS AND CATERER OPERATIONS." RECOMMENDATION: Staff recommends that the ordinance be adopted. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor of Ordinance No. 1996. Carried by the following vote, to -wit: Ayes: Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Absent: Dalla. MUNICIPAL CODE 1990 5. "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1867 AND SECTION 10.52.010 OF THE NATIONAL CITY MUNICIPAL CODE ADDING A LIST OF ACTIVITIES THAT COULD BE PROHIBITED IN THE CITY'S PARKS AND RECREATION FACILITIES." Book 72/Page 138 08/28/90 RECOMMENDATION: Staff recommends adopting the Ordinance. ACTION: Motion by Van Deventer, seconded by Pruitt, jn favor. Motion withdrawn. ACTION: Motion by Inzunza, seconded by Pruitt, to )ay the item over for 1 week. Carried by the following vote, to -wit: Ayes: Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Absent: Dalla. NEW BUSINESS WARRANT REGISTERS 1990 6. SUBJECT: Warrant Register No. 08. Ratification of Demands in the amount of $300,286.47 (Warrant Nos. 112036 through 112163 inclusive, excepting 112035) and Certification of Payroll in the amount of $426,101.81. RECOMMENDATION: Staff recommends the warrants be ratified and the payroll certified. NOTE: Vice Mayor Van Deventer stated he would be abstaining on Warrant No. 112088 as he owns the building the business is in. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor. Warrants (except Warrant No. 112088) carried by the following vote, to -wit: Ayes: Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Absent: Dalla. Warrant No. 112088 carried by the following vote, to -wit: Ayes: Inzunza, Pruitt, Waters. Nays: None. Absent: Dalla. Abstaining: Van Deventer. WRITTEN COMMUNICATIONS SOLID WASTE/TRASH 7. SUBJECT: Letter from the National City Chamber of Commerce regarding the Fall City Wide Clean-up Day on Saturday, October 20, 1990 and requesting use of 32nd Street at Tidelands Avenue for use as the trash drop off and loading site between 7 a.m. and 2 p.m. on the date. ACTION: Motion by Van Deventer, seconded by Pruitt, this item be held over for 1 week in order for Staff to look for a location on the east side of town. Carried by unanimous vote. Absent: Dalla. PUBLIC REQUEST/COMPLAINT 8. SUBJECT: Letter from Mr. Robert Fraser concerning the condition of "Q" Avenue in National City. TESTIMONY: Robert Fraser, 385 Inkopah Street, Chula Vista, spoke in favor of his request for City assistance on "Q" Avenue problems. Item No. 9 was hear earlier after the Public Hearing. STREET/EUCLID AVENUE EXTENSION 9. SUBJECT: Letter from Mr. Rich Riel concerning the Carrillo Property. OTHER BUSINESS CONDITIONAL USE PERMIT 10. SUBJECT: Notice of Decision - Planning Commission Resolution No. 23-90 approving a Conditional Use Permit for the sale of beer and wine as an incidental use to a grocery store at 1420 E. Plaza Boulevard, Suite C. (Applicant: William Go) (Case File No. CUP-1990-5). RECOMMENDATION: Staff concurs with the action of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor. Carried by unanimous vote. Absent: Dalla. CONDITIONAL USE PERMIT 11. SUBJECT: Notice of Decision - Planning Commission Resolution No. 24-90 approving a Conditional Use Permit for the sale of beer and wine within a restaurant at 1467 E. Plaza Boulevard. (Applicant: Priscillano Barro) (Case File No. CUP-1990-11). RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Pruitt, jn favor . Carried by unanimous vote. Absent: Dalla. PLANNED DEVELOPMENT PERMIT 12. SUBJECT: Notice of Decision - Planning Commission Resolution No. 25-90 approving a Planned Development Permit for replacement of classroom facilities with modular buildings within a skilled nursing facility at 2328 E. 6th Street. (Applicant: Charles Cheneweth) (Case File No. PD-6-90). Book 72/Page 139 08/28/90 RECOMMENDATION: That the item be set for Public Hearing. ACTION: Motion by Inzunza, seconded by Pruitt, in favor of Staffs Recommendation. Item set for Public Hearing on September 25, 1990 at 7:00 p.m. Carried by unanimous vote. Absent: Dalla. SAN DIEGO GRAND JURY REPORTS 13. SUBJECT: Response to Grand Jury Report on County -Wide Recommendations for Property and Evidence Rooms. RECOMMENDATION: Review and approve. Staff will then initiate the written response as required in the procedure. ACTION: Motion by Van Deventer, seconded by Waters, the report be filed. No objection as filed. Absent: Dalla. TEMPORARY USE PERMIT 14. SUBJECT: Temporary Use Permit - Radio Latina and Fiesta Mexicana request a TUP to celebrate Mexican Independence Day in Kimball Park from 7 a.m. to 10 p.m. on September 15, 1990. Request includes approval to sell alcohol beverages, a firework display, and waiver of fees. This year's request includes the use of food booths to be provided by the Public Works Department. RECOMMENDATION: Recommend approval of the Temporary Use Permit subject to all conditions, to -wit: Park/Rec - Will coordinate activity and set up organizational meeting. Attorney - Requires hold harmless, public liability insurance with City and its officers and employees as additional insureds, with amount of coverage determined by Risk Manager. Risk Manager - One million dollars general liability including liquor liability and products liability endorsements. Police - Applicant to contact Asst. Chief Fowler prior to 9-4-90 regarding security/crowd control. Public Works -100 to 120 man hours PW effort required for food booths - no hot water. Fire - Secure separate fire safety permit and a fireworks permit from fire department (requires Council approval also). Inspection of carnival required prior to opening, and granting the request for waiver of fees. TESTIMONY: Jim Ruiz, National City Parks and Recreation Director, answered Councils' questions. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor of Staffs Recommendation. Carried by unanimous vote. Absent: Dalla. TEMPORARY USE PERMIT 15. SUBJECT: Temporary Use Permit - The Committee to Elect Rosalie Zarate requests a TUP to conduct a fund-raising event to be held in Las Palmas Park from 12 p.m. to 5 p.m. on September 8, 1990. RECOMMENDATION: Recommend approval of the Temporary Use Permit subject to all conditions, to -wit: City Attorney - Hold harmless and public liability insurance required with amounts of coverage to be determined by Risk Manager. Risk manager - $500,000 general liability insurance, with the City, its officials, agents, employees and volunteers named as an additional insured. Fire Dept - No cooking without permit. Any compressed gas cylinders (helium, CO2, etc.) shall be chained against damage. Finance - A business license is required if monies are solicited, admittance charged or food, beverage or merchandise is sold. If any of the vendors or organizations are registered not -for -profit, there will not be a charge for their business license. ACTION: Motion by Van Deventer, seconded by Inzunza, in favor. Carried by unanimous vote. Absent: Dalla. CITY MANAGER - No report. CITY ATTORNEY - City Attorney Eiser stated he had checked on the status of the request for advice letter sent to the FPPC pertaining to Amendment III and was told that his original request had been misfiled. It has since been located and an answer is in the works now. OTHER STAFF - No report. MAYOR - No report. Councilman Dalla returned to the Council Chambers at 9:06 p.m. CITY COUNCIL - ELECTIONS 16. SUBJECT: Memo concerning Restrictions on Political Activities. TESTIMONY: Councilman Inzunza asked City Attorney Eiser for clarification of Section 3204 and a general discussion ensued. NOTE: City Clerk Peoples stated that she and her Staff are responsible for the mail services for the City and there had been no mass mailings from any source. Book 72/Page 140 08/28/90 PUBLIC ORAL COMMUNICATIONS - Everett Dickson, 2745 E. 14th Street, National City, spoke to his concerns for Item No. 15, TUP for Political use of a Public Facility. City Attorney Eiser explained the laws pertaining to such uses and the reasons behind them. CLOSED SESSION CLOSED SESSION FOR PENDING LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(A) (RATTRAY V. CITY OF NATIONAL CITY; CLAIM OF CARLTON PIPPIN) ACTION: Motion by Van Deventer, seconded by Pruitt, in favor of Closed Session. Carried by unanimous vote. Council left the Council Chambers at 9:23 p.m. Council returned to the Council Chambers at 9:56 p.m. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. This section of the Closed Session was heard at an earlier time. CLOSED SESSION FOR POTENTIAL LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(B) (CITY OF NATIONAL CITY V. CARRILLO) City Council Workshop on Proposed Revised Trash Franchise between the City of National City and EDCO, and a related Proposed Trash Service Rate Increase - September 4, 1990 - 3:00 p.m. - Large Conference Room, Civic Center. ACTION: Motion by Van Deventer, seconded by Pruitt, to hold this Workshop over to September 18. 1990 at 3:00 p.m. Carried by unanimous vote. ADJOURNMENT Motion by Dalla, seconded by Van Deventer the meeting be adjourned to 4:00 p.m. - September 4. 1990 - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 9:57 p.m. Ct CI) CITY CLERK The foregoing minutes were approved at the regular meeting of September 4, 1990. 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. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK.