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HomeMy WebLinkAbout1990 09-25 CC MINBook 72/Page 153 09/25/90 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 25, 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: Della, lnzunza, Pruitt, Van Deventer, Waters. Administrative officials present: Bolint, Eiser, Myers, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Assistant City Manager, Gerald J. Bolint, followed by the invocation by Councilman Della. APPROVAL OF MINUTES Motion by Van Deventer, seconded by Inzunza, the minutes of the regular meeting of September 18. and the adjourned Workshop meeting of September 18. 1990 be approved. Carried by unanimous vote. PROCLAMATIONS Motion by Van Deventer, seconded by Della, it be accepted by title only. Carried by unanimous vote. The Proclamation proclaiming the week of October 1-5, 1990 as: "CUSTOMER SERVICE WEEK," was read aloud in full by Mayor Waters who then gave it to the Assistant City Manager to forward to the appropriate person. PUBLIC HEARINGS PLANNED DEVELOPMENT PERMIT 1. SUBJECT: Public Hearing - 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) RECOMMENDATION: Staff recommends approval of the application based on attached findings with conditions modified as attached. NOTE: The City Clerk stated that Proof of Publication and Affidavit of Mailing are on file in the Office of the City Clerk. TESTIMONY: Charles Cheneweth, applicant, 2328 E. 6th Street, answered Councils' questions. The Mayor declared the Public Hearing Closed. ACTION: Motion by Van Deventer, seconded by Pruitt, jn favor of Staffs recommendation for approval subject to items 1-16 under Staffs Report. (Copy on file in the Office of the City Clerk). Carried by unanimous vote. NON -CONSENT RESOLUTIONS (Resolution Nos. 16,333 thru 16,335). Motion by Van Deventer, seconded by Pruitt, jn favor. Carried by unanimous vote. City Attorney Eiser stated he had two items, (1) that the Resolutions were mis-numbered so they will come out in final form to be 16,333, 16,334 and 16,335 and (2) there was some wording that was omitted in the Contract under Item No. 2, Resolution No. 16,333. On page 10, the last sentence should read "containers, nor to prevent individuals from recycling their own materials nor charitable organizations from recycling donated materials." He was informed just prior to the meeting by Vice Mayor Van Deventer that this additional wording had been left out after the workshop. CONTRACT 2. Resolution No. 16,333. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A REVISED AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE EDCO DISPOSAL CORPORATION FOR THE COLLECTION OF RUBBISH AND TRASH WITHIN THE CITY." RECOMMENDATION: Authorize the Mayor to execute the contract. Book 72/Page 154 09/25/90 TESTIMONY: Vice Mayor Van Deventer requested inclusion in the agreement of "trial period of October 1 through April 1, at that time the basis of the recycling cost to be passed on to the commercial and residential will be studied by the Council. At that time, determine if the rates are realistic. If they are not, the recycling item will be brought back." There were two other items: (1) Section 11 on page 6, delete "FREE," (2) page 7, Section 14 change paragraph 2 to clarify the pickup time frame. Page 13, top of the paragraph, the rate increase, other than the pass -through fees, would be on October 1 of each year. Ed Burr, President of EDCO Disposal, answered the Councils' questions. ACTION: Motion by Van Deventer, seconded by Pruitt, jn favor of Resolutions 16.333 and 16.334. Carried by unanimous vote. CONTRACT 3. Resolution No. 16,334. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TRASH SERVICE RATE INCREASE FOR EDCO DISPOSAL CORPORATION." RECOMMENDATION: Approve the rate request, as revised, to be effective October 1, 1990. ACTION: Approved. See above. CONTRACT 4. Resolution No. 16,335. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." RECOMMENDATION: Renew contract as presented. ACTION: Motion by Van Deventer, seconded by Inzunza, jn favor of Resolution 16.335. Carried by unanimous vote. ORDINANCES FOR ADOPTION Motion by Van Deventer, seconded by Pruitt, it be adopted by title ony. Carried by unanimous vote. MUNICIPAL CODE 1990 5. "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING SECTION 11.04.200 TO THE NATIONAL CITY MUNICIPAL CODE, AND AMENDING SECTION 11.40.110 OF THE NATIONAL CITY MUNICIPAL CODE AND SECTION 2 OF ORDINANCE NO. 1940 (TRANSPORTATION PERMIT REQUIREMENTS FOR MOVING BUILDINGS, STRUCTURES, AND OVERSIZED VEHICLES AND LOADS ON CITY STREETS)." RECOMMENDATION: Adopt the Ordinance. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor of Ordinance No. 1998. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1990 6. SUBJECT: Warrant Register No. 12. Ratification of Demands in the amount of $314,156.08 (Warrant Nos. 112437 through 112561 inclusive, excepting none) and Certification of Payroll in the amount of $436,646.44. RECOMMENDATION: Staff recommends the warrants be ratified and the payroll certified. NOTE: Vice Mayor Van Deventer stated he would be abstaining on Warrant No. 112488 as he owns the building. ACTION: Motion by Pruitt, seconded by Van Deventer, the bills be ratified and payroll certified. Warrants (except 112488) carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Warrant 112488 carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Pruitt, Waters. Nays: None. Abstaining: Van Deventer. WRITTEN COMMUNICATIONS PUBLIC REQUEST COMPLAINT 7. SUBJECT: Letter from "Graffiti Busters" concerning the City's Graffiti Abatement Program. TESTIMONY: Rose Zavala, 31 E. 2nd Street, National City, part owner of Graffiti Busters and Barbara Ibaibarriaga, 830 "K" Avenue, National City, part owner of Graffiti Busters, stated concerns with the City proposed program and stated what their firm proposed. Alda West, 315 E. 3rd Street, National City, spoke regarding gang problems in the City and graffiti. Larry Fagan, 247 E. 3rd Street, National City, spoke regarding gang problems in his neighborhood. Charles West, 315 E. 3rd Street, National City, spoke regarding gang problems in his neighborhood. Book 72/Page 155 09/25/90 Vicky and Jennifer Martinez, 618 "F" Avenue, National City, spoke regarding gang activity at the girls softball games. Star Perkins, 522 "G" Avenue, National City, spoke regarding the trash from 6th to "D" Avenue and boom boxes. Max Krawez, 31 E. 2nd Street, National City, spoke regarding gang problems in the City. Bill Perkins, 522 "G" Avenue, National City, spoke regarding gang problems in the City. John Kurtz, 311 E. 2nd Street, National City, spoke regarding gang problems in the City. OTHER BUSINESS VARIANCE 8. SUBJECT: Notice of Decision - Planning Commission Resolution No. 27-90 approving a Zone Variance to allow 4,800 sq. ft. Tots in lieu of the 5,000 sq. ft. required at the northwest corner of 24th Street and Newell Avenue. (Applicant: Neal Benhoff) (Case File No. Z-5-90). RECOMMENDATION: Staff concurs with the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor (the Notice to be filed). No objection as filed. SUBDIVISION 9. SUBJECT: Request for a 1-year time extension for Tentative Subdivision Map (S-2- 86) for 6 lots on 1.4 acres at the southwest corner of 26th Street and "J" Avenue. (Applicant: James Messer). RECOMMENDATION: Staff recommends that the 1 year time extension be granted. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor. Carried by unanimous vote. TEMPORARY USE PERMIT 10. SUBJECT: Temporary Use Permit - Ceferina Ruiz, M.D. requests a TUP to conduct a fund raising event for Congressman Duncan Hunter and candidate Duke Cunningham to be held in the parking lot at 1341 E. 8th Street from 2:00 to 6:00 p.m. on October 7, 1990. Waiver of fees is also requested. RECOMMENDATION: Recommend approval of the Temporary Use Permit and denial of request for waiver of fees. ACTION: Motion by Van Deventer, seconded by Pruitt, in favor with denial of waiver of fees request. Carried by unanimous vote. ASSISTANT CITY MANAGER - Assistant City Manager Bolint reported that the City was invited to participate in "Government Day" on September 29th from 10:00 a.m. to 6:00 p.m. at the Plaza Bonita Mall. Staff will be participating. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - Mayor Waters stated there was an item that came in too late to put on the Agenda. It is an advertisement for the Sweetwater Varsity Football Trust Fund. Copy on file in the Office of the City Clerk. ACTION: Motion by Pruitt, seconded by Van Deventer, to put the item on the Agenda. Carried by unanimous vote. ACTION: Motion by Van Deventer, seconded by Pruitt, to approve the advertisement in the Sweetwater Devils Book not to exceed $150. Carried by unanimous vote. Mary Louise Martin, 1527 E. 15th Street, National City, requested the other $100 to go directly to the Sweetwater Quarterback Club. Councilman Dalla noted that these are two separate items. When the Sweetwater Quarterback Club makes it's annual request for $250. they will consider it, but this item is for $150. only. Mayor Waters stated that he had written the letter to Don Nay from McComic Inc., as requested by the Council. He also noted that Mrs. Everett Dickson had a stroke. Book 72/Page 156 09/25/90 CITY COUNCIL - Councilman Pruitt requested Staff to look into the San Diego County Water Authority increase and check as to what financial improvements National City will receive. PUBLIC ORAL COMMUNICATIONS - Rose Zevala , 31 E. 2nd Street, National City, stated complete dissatisfaction with EDCO in that they won't recycle items. Staff explained the pilot recycling program which is to go into effect in October. Mayor Waters inquired as to when the stop sign issue on Buttercup Lane and Peach Blossom will be addressed. City Engineer Myers informed him that it was scheduled for the October 9, 1990 Council Meeting. Councilman Van Deventer left the Council Chambers at 9:15 p.m. CLOSED SESSION FOR PENDING LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(A) HOGLE V. CITY OF NATIONAL CITY. ACTION: Motion by Pruitt, seconded by Dalla, in favor of Closed Session. Carried by unanimous vote. Absent Van Deventer. Council left the Chambers and went into Closed Session at 9:16 p.m. Councilman Van Deventer returned to the Council Chambers at 9:17 p.m. Council returned to the Chambers at 9:33 p.m. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. ADJOURNMENT Motion by Pruitt, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m. - October 2. 1990 - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 9:36 p.m. (v u CL',frDQAZ CITY CL RK The foregoing minutes were approved at the regular meeting of October 2, 1990. 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.