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HomeMy WebLinkAbout1994 06-14 CC MINBook 76/Page 136 06/14/94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 14, 1994 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: Dalia, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Bolint, Eiser, McCabe, Myers, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by City Manager Tom McCabe, followed by the invocation by Councilman Dalla. Mayor Waters reported that Dr. Gary Angelo's wife Rosa had passed away today. APPROVAL OF MINUTES Motion by Morrison, seconded by Zarate, the Minutes of the Regular Meeting of June 7, 1994, be approved. Carried by unanimous vote. PRESENTATIONS ORGANIZATIONS, LOCAL SUBJECT: Presentation by Emerald Randolph regarding C.A.S.T. Program sponsored by Committee to Reclaim Our Neighborhoods in National City. Book 76/Page 137 06/14/94 PRESENTATIONS (continued) TESTIMONY: Emerald Randolph, Program Director for Citizens' Adversity Support Team of Chula Vista, gave a brief verbal presentation on C.A.S.T. and the services they provide and offered support in the way of materials and training to National City to establish a similar program. BOARDS AND COMMISSIONS INTERVIEWS/APPOINTMENTS STREET TREE & PARKWAY COMMITTEE Mayor Waters recommended that Mr. Roy B. Cesena be appointed to the Street Tree & Parkway Committee for a full term. ACTION: Motion by Inzunza, seconded by Morrison, in favor of the Mayor's recommendation. Carried by unanimous vote. City Clerk Lori Anne Peoples administered the Oath of Office to Mr. Cesena, and presented a Certificate of Appointment. Mr. Cesena thanked the Council for their support. PUBLIC HEARINGS SUBDIVISION 1. SUBJECT: Public Hearing - Tentative Subdivision Map for division of two parcels into five on vacant property on the east side of Euclid Avenue, south of 13th Street. (Case File No. S-1993-1) (Applicant: Metropolitan Area Advisory Committee) NOTE: Notice of Public Hearing and Proof of Publication are on file in the office of the City Clerk. RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission and recommended that the tentative subdivision map be approved. TESTIMONY: Don Lortscher, 2537 E. 13th Street, National City, spoke in opposition to the project. Book 76/Page 138 06/14/94 SUBDIVISION (continued) TESTIMONY: Luis Nunez, 1304 Lanoitan, National City, spoke in opposition to the project. Chuck Flacks, representing the MAAC Project (Applicant) addressed the concerns raised and spoke in support of the project. Mary Louise Martin, 1527 E. 15th Street, National City, made inquiry regarding the project and expressed opposition. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Inzunza, seconded by Dalla, in favor of the Tentative Subdivision Map. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 94-66 through 94-72). NOTE: Mayor Waters requested that Item No. 4, Resolution No. 94-68 be pulled. Councilman Morrison requested that Item No. 6, Resolution No. 94-70, be pulled. Motion by Dalla, seconded by Inzunza, in favor of the Consent Calendar (except Item Nos. 4 and 6, Resolution Nos. 94-68 and 94-70). Carried by unanimous vote. CONTRACT 2. Resolution No. 94-66. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING SCW CONTRACTING CORPORATION TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SCW CONTRACTING CORPORATION FOR THE SEWER REPAIR PROJECT F.Y. 1993- 94. (ENGINEERING SPEC. NO. 94-2)." ACTION: Adopted. See above. Book 76/Page 139 06/14/94 CONSENT CALENDAR (continued) STREET DIVISION WIDENING 3. Resolution No. 94-67. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CONTRACT CHANGE ORDER NOS. 1, 2, AND 3 FOR THE WIDENING OF DIVISION STREET FROM EUCLID AVENUE TO DREXEL AVENUE. (ENGINEERING SPECIFICATION NO. 93-2)." ACTION: Adopted. See above. CONTRACT 5. Resolution No. 94-69. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ONE-YEAR RENEWAL OF THE TERM OF THE MAINTENANCE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CONSTRUCTION ELECTRONICS INCORPORATED." ACTION: Adopted. See above. BUDGET FY94-95 7(a). Resolution No. 94-71. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS FOR USE IN ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1994- 95. ,, ACTION: Adopted. See above. BUDGET FY94-95 7(b). Resolution No. 94-72. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1994- 95. ACTION: Adopted. See above. Book 76/Page 140 06/14/94 CONSENT CALENDAR (continued) CONTRACT 4. Resolution No. 94-68. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN OPERATIONAL AGREEMENT FOR PARTICIPATING AGENCIES IN THE SAN DIEGO JURISDICTIONS UNIFIED FOR DRUG/GANG ENFORCEMENT (J.U.D.G.E.) PROGRAM PURSUANT TO AN OCJP GRANT APPLICATION SUBMITTED BY THE SAN DIEGO COUNTY DISTRICT ATTORNEY." ACTION: Motion by Dalla, seconded by Zarate, in favor of Resolution No. 94-68. Carried by unanimous vote. CONTRACT 6. Resolution No. 94-70. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES TO PROVIDE SERVICES FOR THE EMPLOYEE ASSISTANCE PROGRAM FOR THE POLICE DEPARTMENT." ACTION: Motion by Dalla, seconded by Inzunza, in favor of Resolution No. 94-70. Carried by unanimous vote. NON CONSENT RESOLUTIONS Motion by Morrison, seconded by Inzunza, the Non Consent Resolutions be read by title only. Carried by unanimous vote. CONTRACT 8. Resolution No. 94-73. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH U.S. PUBLIC TECHNOLOGIES, INC. FOR PHOTO RADAR SERVICES." RECOMMENDATION: Staff recommended that Council authorize the Mayor to sign contract. TESTIMONY: None. Book 76/Page 141 06/14/94 CONTRACT (continued) ACTION: Motion by Inzunza, seconded by Dalla, in favor of Resolution No. 94-73. Carried by unanimous vote. BUDGET TRANSFERS 1994 9. Resolution No. 94-74. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND TRANSFER OF FUNDS FOR THE REQUIRED REPLUMB OF THE MAIN FIRE STATION." RECOMMENDATION: Staff recommended the approval of the Resolution. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Zarate, in favor of Resolution No. 94-74. Carried by unanimous vote. SEWER METRO SAN DIEGO AREA WASTEWATER MGMT/SAD 10. Resolution No. 94-75. A `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING SETTING FORTH AND RESOLVING FUNDAMENTAL POLICY ISSUES INVOLVED IN THE TRANSFER OF THE METROPOLITAN SEWERAGE SYSTEM TO THE SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT." RECOMMENDATION: Staff recommended that Council find that having a viable Regional Wastewater District is in the long range interest of the city, and authorize the Mayor to execute the San Diego City Council approved Memorandum of Understanding. TESTIMONY: Public Works Director Curt Williams gave a lengthy verbal overview of the report and provided Council with a San Diego Area Wastewater Management District memorandum (copy on file in the office of the City Clerk) proposing a modified agreement. Book 76/Page 142 06/14/94 SEWER METRO SAN DIEGO AREA WASTEWATER MGMT/SAD (continued) ACTION: Motion by Inzunza, seconded by Zarate, to tentatively accept the San Diego Modified MOU subject to the four conditions set forth in the memorandum dated June 13, 1994 from the San District general manager. This approval would be tentative subject to confirmation at an adjourned meeting of the City Council on June 20, 1994. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate. Nays: Waters. ORDINANCES FOR ADOPTION Motion by Dalla, seconded by Waters, the Ordinance be introduced by title only. Carried by unanimous vote. MUNICIPAL CODE 1994 11. Ordinance No. 94-2077. "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN INCREASE IN SEWER RATES WITHIN THE CITY OF NATIONAL CITY, AND RESCINDING RESOLUTION NO. 92-141." RECOMMENDATION: Staff recommended Council adopt the Urgency Ordinance increasing sewer service fees, effective 1 July 1994. Vice Mayor Inzunza left the Council Chambers at 8:47 p.m. Vice Mayor Inzunza returned to the Council Chambers at 8:50 p.m. Book 76/Page 143 06/14/94 MUNICIPAL CODE 1994 (continued) TESTIMONY: Robert Severson, representing the San Diego County Apartment Association, provided a copy of a letter previously faxed to the City Council (copy on file in the office of the City Clerk) and made a brief verbal presentation, with a copy provided to the Council and on file in the office of the City Clerk. ACTION: Motion by Dalla, seconded by Morrison, for denial of the sewer rate increase at this time, an update on the reserve status to be brought back in January, and a current county -wide rate structure to be provided in the next month or so. Carried by unanimous vote. Mayor Waters declared a recess. Council members left the Council Chambers at 9:07 p.m. Council members returned to the Council Chambers at 9:20 p.m. ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. WRITTEN COMMUNICATIONS SEWER CONSTRUCTION/MAINT ADMIN 1994 12. SUBJECT: Letter from Cresto Engineering Corporation regarding a proposed sewer connection for the Food 4 Less project at 1320 30th Street. NOTE: Councilman Morrison requested the inclusion of `ho non - emergency outside maintenance during the hours of 10 p.m. to 6 a.m." Mr. Cahan agreed to this request. Vice Mayor Inzunza expressed concern about trucks lining up on 30th Street. Councilman Dalla requested Chula Vista arrange for the cleanup of the area south of this property. The City Engineer will contact Chula Vista and get on the Traffic and Safety Committee Agenda to post 30th Street in Chula Vista with No Truck Parking. Book 76/Page 144 06/14/94 SEWER CONSTRUCTION/MAINT ADMIN 1994 (continued) TESTIMONY: Bob Cahan, 11440 West Bernardo Court, San Diego, potential owner of the property, answered questions of the Council, and spoke in support of his project. Rita Heuss, 2121 E. 4th Street, National City, expressed her opinion on the item and requested the property owner provide the funds for six months of weekend code conformance. ACTION: Motion by Morrison, seconded by Inzunza, in favor, with the condition that there be a separate sewer agreement for the lube and tune site, included within their conditions would be the no non -emergency outdoor maintenance clause connected with the time period from 10 p.m. to 6 a.m., and confirmation that the median design is to the satisfaction of the Engineering Department. A sewer agreement is to be brought back to Council incorporating these items. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1993 13. SUBJECT: Warrant Register #48. Ratification of Demands in the amount of $1,505,585.80 (Warrant Nos. 130565 through 130632 inclusive excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Morrison, seconded by Inzunza, in favor of the Ratification of Demands. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. Book 76/Page 145 06/14/94 PLANNED DEVELOPMENT PERMIT ADMIN 1994 14. SUBJECT: Notice of Decision - Planning commission Resolution No. 12-94 approving a Planned Development Permit for a Mixed Use Development located to the west of the Plaza Boulevard/12th Street Intersection. (Applicant: Gareth Walker) (Case File No. PD-1994-1). RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, the item be filed. No objection as filed. CONDITIONAL USE PERMITS 1994 15. SUBJECT: Notice of Decision - Planning Commission Resolution No. 11-94 approving a Conditional Use Permit for expansion of an animal hospital and to allow pet grooming at 2415 E. Plaza Boulevard. (Applicant: Curt Holder) (Case File No. CUP-1994-4). RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, the item be filed. No objection as filed. HIGHWAY/FREEWAY SIGNS 16. SUBJECT: Freeway signs for Plaza Bonita Center Way. RECOMMENDATION: Staff recommended that the Council provide direction. TESTIMONY: John Markey, Chief, Traffic Design Branch, CALTRANS, answered question of the City Council. ACTION: Motion by Dalla, seconded by Waters, in favor of proceeding. Carried by unanimous vote. CITY MANAGER - No report. Book 76/Page 146 06/14/94 CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Waters read into the record a letter he received, with which he concurred, regarding parents not controlling their children and the laws not allowing discipline. CITY COUNCIL Councilman Dalla reported to Staff a non -operative vehicle at 2973 Ridgeway Drive. PUBLIC ORAL COMMUNICATIONS Cecilia Kirk, 311 E. 2nd Street, National City, reminded all present of the committee to Reclaim Our Neighborhood's meeting tomorrow evening from 7 p.m. to 9 p.m. at the National City Community Center. The speakers will be Mr. Wayne Sakamoto, SDOE Gang Intervention/Prevention Coordinator, and Officer Julian Villagomez, National City JOG Officer. CLOSED SESSIONS CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (1) Hmielvskie v. City of National City (2) National City Police Officers' Association, et al. V. City of National City, et. al. CONFERENCE WITH LABOR NEGOTIATOR (1) Agency Negotiators: Roger DeFratis, Michael Bouse, Jim Ruiz, Anne Campbell Employee Organization: National City Firefighters' Association (2) Agency Negotiators: Roger DeFratis, Michael Bouse, Jim Ruiz, Anne Campbell Employee Organization: National City Municipal Employees' Association Book 76/Page 147 06/14/94 CLOSED SESSIONS (continued) ACTION: Motion by Zarate, seconded by Morrison, in favor of holding the Closed Sessions. Carried by unanimous vote. Council members left the Council Chambers at 10:08 p.m. Council members returned to the Council Chambers at 12:15 a.m. ROLL CALL Council Members present: Dalla, Inzunza, Morrison, Zarate, Waters. City Attorney Eiser gave a brief report on the item in compliance with the Brown Act (copy on file in the office of the City Clerk). ADJOURNMENT Motion by Dalla, seconded by Zarate, to adjourn to Finance Committee Meeting - June 20, 1994 - 9:00 a.m. - Large Conference Room, Civic Center. Fee Committee Workshop - June 21, 1994 - 10:00 a.m. - Large Conference Room, Civic Center. Next Regular City Council Meeting - June 21, 1994 - 4:00 p.m. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 12:18 p.m. c*A.A. aA/v.t..22)-)2(24 CITY CLERK Book 76/Page 148 06/14/94 ADJOURNMENT (continued) The foregoing minutes were approved at the Regular Meeting of June 21, 1994. MAYOR CITY OF NATIONAL CITY 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.