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HomeMy WebLinkAbout1994 04-05 CC MINBook 76/Page 72 04/05/94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 5, 1994 The Regular Meeting of the City Council of the City of National City was called to order at 4:03 p.m. by Mayor Waters. ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Berkuti, Bolint, Eiser, McCabe, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by City Manager Tom G. McCabe, followed by the invocation by Councilman Dalla. APPROVAL OF MINUTES Motion by Zarate, seconded by Morrison, the Minutes of the Regular Meeting of March 22. 1994 be approved. Carried by unanimous vote. PROCLAMATIONS Motion by Morrison, seconded by Zarate, the Proclamations be read in their entirety. Carried by unanimous vote. The Proclamation proclaiming the month of April, 1994 to be: "TEACHING TOXICS MONTH" was read in its entirety by Mayor Waters, who then gave it to the City Manager to forward to the proper people. The Proclamation proclaiming the month of April, 1994 to be: "FAIR HOUSING MONTH" was read in its entirety by Mayor Waters, who then presented it to Clara Harris of Heartland Human Relations, who expressed thanks to the Mayor and the City Council for their support. Book 76/Page 73 04/05/94 PROCLAMATIONS (continued) The Proclamation proclaiming September, 1994 to be: "McGRUFF HOUSE PROGRAM MONTH" was read in its entirety by Mayor Waters. Present for the presentation of the proclamation were: Everett J. Dickson, 2745 E. 14th Street, National City, and Jim Waters, 1105 Mary Lane, National City, both representing the Education Committee of the National City Chamber of Commerce; and, receiving the proclamation, Mary Alice Taliak, Executive Director of the Chamber of Commerce, 711 A Avenue, National City. Mayor Waters deviated from the Agenda, and read into the record a card he had received regarding the Boards & Commissions Dinner. He also thanked key people for their support of the Marina issue before the Port Commission meeting on March 29, 1994. BOARDS & COMMISSIONS INTERVIEWS/APPOINTMENTS Mayor Waters turned the meeting over to Vice Mayor Inzunza. Mr. Relly A. Mendoza, 4132 Ca!moor Street, National City, who had expressed an interest in serving on various boards and commissions, was not present to be interviewed. Consensus of the Council was to not pursue placement of Mr. Mendoza on any board or commission as he has failed to appear after three requests from the Mayor. Vice Mayor Inzunza turned the meeting back over to Mayor Waters. Mayor Waters then deviated from the Agenda to state that retired city employee Tony Villafranca, Sr. had passed away after having a heart attack over the weekend. PUBLIC HEARINGS 1. SUBJECT: Public Hearing regarding Cox Cable Base Rates and Charges for the Basic Services Tier and Related Equipment. NOTE: Notice of Public Hearing and Proof of Publication are on file in the office of the City Clerk. RECOMMENDATION: Staff recommended that the City Council continue the Public Hearing until May 10, 1994 and adopt Accounting Order Resolution. TESTIMONY: None. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Zarate, seconded by Inzunza, in favor of Staff's recommendation. Carried by unanimous vote. Mayor Waters deviated from the Agenda and recognized National School District Board member Alma Graham, who was present in the audience, and was instrumental in the implementation of the McGruff program. Book 76/Page 74 04/05/94 NON CONSENT RESOLUTIONS Motion by Morrison, seconded by Inzunza, the Non Consent Resolutions be readby tj�le only. Carried by unanimous vote. CONTRACT 2. (a) Resolution No. 94-36. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT FOR POLICE AND FIRE SERVICES FOR 1992-1993 WITH THE SAN DIEGO UNIFIED PORT DISTRICT." RECOMMENDATION: Staff recommended that Council approve the Resolution. TESTIMONY: None. ACTION: Motion by Della, seconded by Zarate, in favor of Resolution No. 94-36. Carried by unanimous vote. CONTRACT 2. (b) Resolution No. 94-37. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE- YEAR AGREEMENT FOR POLICE AND FIRE SERVICES WITH THE SAN DIEGO UNIFIED PORT DISTRICT." RECOMMENDATION: Staff recommended that Council approve the Resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Della, in favor of Resolution No. 94-37. Carried by unanimous vote. CONTRACT 3. Resolution No. 94-38. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF AN ACCOUNTING ORDER TO COX CABLE SAN DIEGO, INC." RECOMMENDATION: Staff recommended that Council adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, in favor of Resolution No. 94-38. Carried by unanimous vote. ENCROACHMENT AGREEMENT ADMIN 4. Resolution No. 94-39. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROVAL AND RECORDATION OF AN ENCROACHMENT AGREEMENT WITH NATIONAL CITY CAPITAL FOR THE FOUNDATIONS OF THE PARKING STRUCTURE AT 8TH STREET AND NATIONAL CITY BOULEVARD SUBJECT TO THE SUBMISSION OF INSURANCE DOCUMENTS." RECOMMENDATION: Staff recommended that Council adopt the Resolution if the insurance cancellation clause is approved by the City Attorney. NOTE: City Attorney Eiser commented that the established procedure requiring a hold harmless agreement and a policy of insurance with a positive 30-day notice of cancellation was followed, even though the encroachment is underground and does not pose as great a risk as an above -ground encroachment. Book 76/Page 75 04/05/94 ENCROACHMENT AGREEMENT ADMIN (continued) TESTIMONY: None. ACTION: Motion by Zarate, seconded by Della, jn favor. with a requirement of a positive 30-day notice of cancellation. Carried by unanimous vote. NOTE: City Attorney Eiser noted for the record that the motion requires the positive 30-day notice of cancellation. OLD BUSINESS NATIONAL CITY TRANSIT IMPROVEMENT 5. SUBJECT: Continued report on the installation of six (6) additional bus shelters by the Metropolitan Transit Development Board at various locations throughout the City. Continued from the Council Meeting of March 22, 1994. RECOMMENDATION: Staff recommended that Council continue this item to the April 19, 1994 City Council meeting, per a request from the Metropolitan Transit Development Board, so that their staff person who is most knowledgeable on this subject could be present. TESTIMONY: None. ACTION: Motion by lnzunza, seconded by Morrison, jn favor of the pontinuance to the April 19. 1994 City Council meeting. Carried by unanimous vote. NEW BUSINESS POLITICAL SUPPORT 6. SUBJECT: Letter from "Citizens for Miramar" requesting to be placed on the agenda to make a brief presentation on the economic, noise, safety and environmental advantages of relocating Charles A. Lindbergh Field to Miramar. RECOMMENDATION: Staff recommended that Council continue this item to the April 19, 1994 City Council meeting. TESTIMONY: Captain Charles Jensen, American Airlines, Lindbergh Field, San Diego, representing the Allied Pilots Association and Citizens for Miramar, spoke in support of his organization's request and answered questions of the Council. Vice Mayor Inzunza left the Council Chambers at 4:57 p.m. Vice Mayor Inzunza returned to the Council Chambers at 4:59 p.m. ACTION: Motion by lnzunza, seconded by Morrison, to bring this item back on next week's Agenda for action, Amended motion by Inzunza, seconded by Morrison, to reayest the other side to present their Yiews. and to continue' this item for two weeks to allow time for the Mayor to contact_ and schedule their presentation. Carried by unanimous vote. Book 76/Page 76 04/05/94 NEW BUSINESS WARRANT REGISTERS 1993 7. SUBJECT: Warrant Register No. 37. Ratification- of Demands in the amount of $593,107.06 (Warrant Nos. 129617 through 129665 inclusive excepting none) and Certification of Payroll in the amount of $387,145.44. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Inzunza, seconded by Morrison, jn favor of the Ratification of Demands and the Certification of Payroll. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. WARRANT REGISTERS 1993 8. SUBJECT: Warrant Register No. 38. Ratification of Demands in the amount of $226,983.73 (Warrant Nos. 129667 through 129732 inclusive excepting 129704). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Zarate, seconded by Inzunza, jn favor of the Ratification of Demands, Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. TEMPORARY USE PERMITS 1994 9. SUBJECT: Temporary Use Permit - National City Lions Club Fourth of July Independence Day Celebration requests a TUP to conduct the Annual Fourth of July Independence Day Celebration in Kimball Park from 12 noon to 12 midnight from June 30 through July 4, 1994. The request includes closing "D" Avenue from 8 a.m. on June 30 through 5 p.m. on July 5. A request to serve alcoholic beverages and a waiver of fees is also requested. RECOMMENDATION: Staff recommended that Council approve the recommendations 1-9 of the "1994 Recommended Conditions of Approval" (Attachment B to the Agenda report) and provide direction to staff concerning recommendations 10-12. Councilman Morrison left the Council Chambers at 5:23 p.m. Councilman Morrison returned to the Council Chambers at 5:25 p.m. TESTIMONY: Building & Safety Director Michael Bouse and Police Captain Tom Deese gave a brief verbal overview of Staff's recommended conditions. Cecilia Kirk, 311 E. 2nd Street, National City, expressed her opinion on the fencing. Alfonso Hernandez, 2132 Euclid Avenue, National City, stated that he agreed with the Council regarding the fencing, however he is in favor of having the beer garden open to generate revenue. ACTION: Motion by Inzunza, seconded by Morrison, jn favor of keeoinq the fencing requirement the same as lase year. Carried by unanimous vote. Book 76/Page 77 04/05/94 TEMPORARY USE PERMITS 1994 (continued) ACTION: Motion by Darla, seconded by Zarate, jn _favor of recommended Condition 8 (The parking 9f vehicles .of any toe w _ not be permitted upon the walkways of Kimball Park as recommended by the, Engineerinq Department),,, and the city to provide signage as recommended in Condition 9 ipetour signs shall be provided to re-route traffic on D Avenue as recommended by the Engineering Department). Carried by unanimous vote. Motion by Inzunza, seconded by Dalla, jn favor of increasing the hours of gperation to 12:00 to 12:00 on Friday. Saturday and Sunday. but not on Monday,. Motion withdrawn Motion by Zarate, seconded by Morrison, to keep the hours the same as last year. Carried by unanimous vote. Motion by Waters, seconded by Morrison, to decline overtime to the Parks and Recreation Department, Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Waters. Nays: Dalla, Zarate. TESTIMONY: Bob Benson, "L" Avenue, National City, President of the Lions Club, made inquiry of the Council with regards to recommended Condition 12, and whether they were still required to purchase the trash cans for $450. Consensus of the Council was that they were and that they would retain the ownership. With regards to Condition 3, Mr. Benson requested that more Reserve Police Officers be used to save expense. On Condition 6, he requested that they have 120 days, rather than 90 days, to provide a thorough and complete financial report. ACTION: Motion by Inzunza, seconded by Morrison, in favor of the requested change on Condition 6. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: Darla. TESTIMONY: Mr. Benson requested a waiver of reporting on revenues generated and where spent. Consensus of the Council was to deny the requested change. ACTION: Motion by Inzunza, seconded by Morrison, jo approve the Temporary Use Permit with the conditions as modified. and a waver of the Temporary Use Permit fee. Carried by unanimous vote. TEMPORARY USE PERMITS 1994 10. SUBJECT: Temporary Use Permit - Maytime Band Review Corporation requests a TUP to conduct the annual Maytime Band Review Parade and Awards Ceremony from 8 a.m. to 5 p.m. on April 30, 1994. The request also includes the closure of City streets along the parade route. A waiver of fees is also requested. RECOMMENDATION: Staff recommended that Council approve the Temporary Use Permit Application subject to compliance with an conditions of approval and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, in favor of the reayest. Carried by unanimous vote. . Book 76/Page 78 04/05/94 TEMPORARY USE PERMITS 1994 11. SUBJECT: Temporary Use Permit - La Mesa R.V. Center, Inc. to conduct a recreational vehicle sale in the parking lot of Plaza Bonita from 9 a.m. to 6 p.m. on April 20-25, 1994. A waiver of fees is also requested. RECOMMENDATION: Staff recommended that Council approve the Temporary Use Permit Application subject to compliance with all conditions of approval and deny the request for a waiver of fees. TESTIMONY: None. - ACTION: Motion by Dalla, seconded by Inzunza, in favor with a denial of the waiver of fees. Carried by unanimous vote. COUNCIL POLICY ADMIN 12. SUBJECT: Revision of City Council Policy regarding the use of the Mobile Stage. RECOMMENDATION: Staff recommended that the Council adopt the Revised City Council Policy 802. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, jn favor. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY COUNCIL WORKSHOP NOTICES ADMIN 13. SUBJECT: Request to schedule workshop to review amendments to the Ralph M. Brown Act. TESTIMONY: None. ACTION: Consensus of the Council was to bring this item back on next week's Agenda for action. - OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL Councilwoman Zarate requested Council's attendance thirty minutes early next week to have a Council photograph taken. Councilman Morrison made inquiry regarding a request from the Chamber of Commerce for the use of the City's generator for the Cinco de Mayo Festival. The City Manager advised that the item would be placed on next week's Agenda. PUBLIC ORAL COMMUNICATIONS Alfonso Hernandez, 2132 Euclid Avenue, National City, commended the Public Works Department for the grading on Harbison Avenue between 20th Street and 24th Street, and on 24th Street from Van Ness to Harbison. He also reported that dismantled cars were being abandoned on public property at the lot that fronts on Rachael and comes back to Harbison. He then stated that the Boys & Girls Club clean-up is scheduled to be done by June 20, and that there are about 6 to 8 pickup -truck loads of firewood available for anyone who wants to pick it up. Book 76/Page 79 04/05/94 PUBLIC ORAL COMMUNICATIONS (continued) Alex McLintock, 2038 Euclid Avenue, National City, spoke regarding the project he was involved in and presented a copy of his plan to the Mayor for review. City Attorney Eiser cited a potential violation of the Brown Act. The plans were returned to Mr. McLintock, who was advised to meet with the Building & Safety Director. ADJOURNMENT Motion by Morrison, seconded by Zarate, to adjourn to the next Regular City Council Meeting - April 12. 1994 - 7:00 p.m. - Council Chambers. Civic Center, Carried by unanimous vote. The meeting closed at 6:24 p.m. c91.1, %t,,ti,�. CITY CLERK The foregoing minutes were approved at the Regular Meeting of April 12, 1994. 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.