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HomeMy WebLinkAbout1994 07-12 CC MINBook 76/Page 175 07/12/94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 12,1994 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: Dalla, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Berkuti, Bolint, Eiser, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by Assistant City Manager Gerald Bolint, followed by the invocation by Councilman Dalla. APPROVAL OF MINUTES NOTE: Councilman Morrison requested a correction to the minutes of the Adjourned Regular Meeting of June 21, 1994 under Item Nos. 03-01 and 06-36 to reflect in the motion that the feed be reduced to $125.00 until the next fee review. Motion by Zarate, seconded by Inzunza, the Minutes of the Regular Meeting of June 21, 1994 and the Adjourned Regular Meeting of June 21, 1994 and the Finance Committee Meetingf June 20, 1994 be approved as amended, Carried by unanimous vote. BOARDS AND COMMISSIONS INTERVIEWS/APPOINTMENTS Mayor Waters turned the meeting over to Vice Mayor Inzunza, who introduced Mr. James A. Boyer, Sr., 626 E. 24th Street, Apt. # 10, National City, who explained his interest in serving on various Boards and Commissions, and answered questions of the Council. Book 76/Page 176 07/12/94 INTERVIEWS/APPOINTMENTS (continued) Mayor Waters recommended that Mr. Pedro Garcia be appointed to the Housing & Community Development Committee for a partial term ending on April 28, 1995. ACTION: Motion by Dalla, seconded by Inzunza, in favor of the Mayor's recommendation. Carried by unanimous vote. City Clerk Lori Anne Peoples administered the Oath of Office to Mr. Garcia and presented him with a Certificate of Appointment. Vice Mayor Inzunza turned the meeting back over to Mayor Waters, who deviated from the Agenda to introduce Assemblymember Denise Moreno Ducheny. Ms. Ducheny gave a brief update on the committees to which she has been appointed to serve, explaining the budget activities among other issues which National City and San Diego County had interest in and concerns with, and answered questions of the Council. Item No. 22 was heard at this time. ORGANIZATIONS/LOCAL 22. SUBJECT: Continued discussion of the CAST Program. TESTIMONY: Emerald Randolph, Director of the CAST Program, P.O. Box 17, Jamul; Joseph Atkins, 586 First Avenue, Chula Vista; Donna Russell, 1581 Pt. Delgada Ct., Chula Vista; Kevin Killacky, 3025 Sylvia Street, Bonita; Chris Frantz, 891 Date, Chula Vista; and Mike Frantz, 891 Date Ave., Chula Vista, all spoke in support of the Program and answered questions of the Council. ACTION: Motion by Morrison, seconded by Dalla, to refer the item to Staff to look into volunteer insurance and other related issues. Carried by unanimous vote. Book 76/Page177 07/12/94 Mayor Waters introduced Mr. & Mrs. J. Eugene Ledgerwood, 1122 Mary Lane, National City, who thanked the Council for the Proclamation presented them for their 50th wedding anniversary and presented a painting that Mrs. Ledgerwood had done, which they wanted to donate for City Hall. PUBLIC HEARINGS CABLE TV RATE/REGULATIONS ADMIN 1994 1. SUBJECT: Continued Public Hearing - Regarding Cox Cable Base Rates and Charges for the Basic Services Tier and Related Equipment. (Continued from Council Meeting of May 10, 1994. NOTE: Notice of Public Hearing and Proof of Publication are on file in the office of the City Clerk. RECOMMENDATION: Staff recommended that the Public Hearing be continued until August 23, 1994 to allow for the receipt of additional information from the FCC relative to potential refund liability issues. TESTIMONY: Assistant City Manager Gerald Bolint gave a brief overview of the reasoning for the Staff's recommendation. ACTION: Motion by Zarate, seconded by Inzunza, the Public Hearing be held over until August 23, 1994. Carried by unanimous vote. CITY OF NATIONAL CITY FEE SCHEDULE 2. SUBJECT: Public Hearing - Revision of the City of National City Fee Schedule. NOTE: Notice of Public Hearing and Proof of Publication are on file in the office of the City Clerk. NOTE: Councilman Dalla requested Staff bring back a Council Policy to provide for an annual review of the user fees. RECOMMENDATION: Staff recommended that Council conduct the Public Hearing and, if so desired, adopt the Resolution establishing the City of National City Fee Schedule for Fiscal Year 94-95. Book 76/Page 178 07/12/94 CITY OF NATIONAL CITY FEE SCHEDULE TESTIMONY: Building and Safety Director Bouse gave a brief overview of the reason for holding the Public Hearing, the results of the City Council Fee Workshop and the recommendations resulting therefrom. Alex McLintock, 2038 Euclid Ave., National City, expressed his opinion regarding the currently established $100.00 code conformance violation appeal fee. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Morrison, seconded by Zarate, in favor of closing the Public Hearing. Carried by unanimous vote. Item No. 9 was heard at this time. NON CONSENT RESOLUTIONS Motion by Morrison, seconded by Zarate, in favor by title only. Carried by unanimous vote. CITY OF NATIONAL CITY FEE SCHEDULE 9. Resolution No. 94-97. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE "CITY OF NATIONAL CITY FEE SCHEDULE" FOR USER FEES WITHIN THE CITY." RECOMMENDATION: Staff recommended the adoption of the resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, in favor of Resolution No. 94-97. Carried by unanimous vote. Book 76/Page 179 07/12/94 CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 94-91 through 94-96). NOTE: Mayor Waters stated that he would be abstaining on Item Nos. 7 and 8, Resolution Nos. 94-95 and 94-96, as he owns property nearby. Motion by Dalla, seconded by Morrison, in favor of the Consent Calendar. Carried by unanimous vote. ELECTION ADMIN 3. Resolution No. 94-91. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2 OF RESOLUTION NO. 94-86." ACTION: Adopted. See above. CONFLICT OF INTEREST REG/ADMIN 4. Resolution No. 94-92. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE CITY'S CONFLICT OF INTEREST CODE." ACTION: Adopted. See above. SEWER METRO SAN DIEGO AREA WASTEWATER MGMT/SAD 5. Resolution No. 94-93. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE INTERIM AGREEMENT REGARDING WITHDRAWAL FROM THE SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT." ACTION: Adopted. See above. SOLID WASTE MANAGEMENT CONTRACT 6. Resolution No. 94-94. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDED SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT." ACTION: Adopted. See above. Book 76/Page 180 07/12/94 DEEDS & EASEMENTS STREET DEDICATING/NAMING 1994 7. Resolution No. 94-95. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND DIRECTING THE RECORDATION OF A GRANT DEED, AND DEDICATING AND NAMING A PARCEL OF LAND ON THE NORTH SIDE OF 15TH STREET BETWEEN "F" AVENUE AND "G" AVENUE AS 15TH STREET. (A.P.N. 560-131-02)." ACTION: Adopted. See above. DEEDS & EASEMENTS STREET DEDICATING/NAMING 1994 8. Resolution No. 94-96. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND DIRECTING THE RECORDATION OF A GRANT DEED, AND DEDICATING AND NAMING A PARCEL OF LAND ON THE SOUTH SIDE OF 14TH STREET BETWEEN "F" AVENUE AND "G" AVENUE AS 14TH STREET. (A.P.N. 560-131-02)." ACTION: Adopted. See above. Item No. 9 was heard earlier, after Item No. 2. NON CONSENT RESOLUTIONS CITY OF NATIONAL CITY FEE SCHEDULE 9. Resolution No. 94-97. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE "CITY OF NATIONAL CITY FEE SCHEDULE" FOR USER FEES WITHIN THE CITY." Book 76/Page 181 07/12/94 ORDINANCES FOR ADOPTION Motion by Morrison, seconded by Zarate, the Ordinance be read by title only. Carried by unanimous vote. MUNICIPAL CODE 1994 10. Ordinance No. 94-2078. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING ORDINANCE NO. 1413 AND CHAPTER 2.56 OF THE NATIONAL CITY MUNICIPAL CODE." RECOMMENDATION: Staff recommended that the ordinance be enacted. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, for approval of Ordinance No. 94-2078. Carried by unanimous vote. OLD BUSINESS LABOR RELATIONS/POLICE 11. SUBJECT: Staff report on options for expediting the hiring process for Police Officers to fill existing vacancies. RECOMMENDATION: Staff recommended that the report be received and filed. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to receive and file the report, Motion withdrawn. Motion by Dalla, seconded by Inzunza, to allow the department to implement the procedural changes they have identified and provide a progress update every thirty days on vacancies and how the procedural changes are working. Motion modified to include input from the Civil Service Commission. Agreed to by second. Motion by Dalla, seconded by Inzunza, the report be accepted with an update report to be provided in thirty days. Carried by unanimous vote. Book 76/Page 182 07/12/94 NEW BUSINESS WARRANT REGISTERS 1993 12. SUBJECT: Warrant Register #50. Ratification of Demands in the amount of $293,340.99 (Warrant Nos. 130721 through 130835 inclusive excepting none. RECOMMENDATION: Staff recommended ratification of these warrants. WARRANT REGISTERS 1993 13. SUBJECT: Warrant Register #51. Ratification of Demands in the amount of $131,373.93 (Warrant Nos. 130837 through 130886 inclusive excepting none) and Certification of Payroll in the amount of $397,418.04. RECOMMENDATION: Staff recommended ratification of these warrants. WARRANT REGISTERS 1994 14. SUBJECT: Warrant Register # 1. Ratification of Demands in the amount of $109,332.68 (Warrant Nos. 130888 through 130926 inclusive excepting none. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Morrison, seconded by Zarate, in favor of the Ratification of Demands and the Certification of Payroll on Warrant Register Nos. 50, 51 and 1 (Item Nos. 12, 13 and 14). Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstaining: None. BUILDING PERMIT FEES ADMIN 15. SUBJECT: Request for waiver of building permit fees - Christmas in July. RECOMMENDATION: Staff recommended the request be approved for a waver of the $781.00 in building permit fees. Book 76/Page 183 07/12/94 BUILDING PERMIT FEES ADMIN (continued) TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, in favor. Carried by unanimous vote. COMMUNITY PROMOTION 16. SUBJECT: Request to use the fire engine for San Diego Burn Institute Benefit at Jack Murphy Stadium. RECOMMENDATION: Staff recommended that Council approve the request as submitted. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, in favor. Carried by unanimous vote. COMMUNITY PROMOTION 17. SUBJECT: Request for use of table from the Community Building by National School District. RECOMMENDATION: Staff recommended that the Community Center equipment not be loaned. The rectangular tables and steel fold chairs that were replaced by the new community equipment have been retained by Public Works and can be made available for loan at $1.00 per table per day and $0.25 per chair per day. TESTIMONY: Sharon Proctor, representing the National School District, answered question of the Council. ACTION: Motion by Waters, seconded by Morrison, in favor of the Public Works Director's recommendation. Motion withdrawn. Motion by Waters, seconded by Dalla, in favor of the School District's request for the use of four round tables, including the waiver of fees. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Zarate, Waters. Nays: Morrison. TEMPORARY USE PERMIT 18. SUBJECT: Temporary Use Permit - Mary Lane/Mary Court Residents' request for a block party. Book 76/Page 184 07/12/94 TEMPORARY USE PERMIT (continued) RECOMMENDATION: Staff recommended that Council approve the application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor with all the recommendations of Staff. Carried by unanimous vote. TEMPORARY USE PERMIT 19. SUBJECT: Temporary Use Permit - National City Public Library. RECOMMENDATION: Staff recommended that Council approve the application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Waters, seconded by Dalla, in favor of Staff's recommendation, Carried by unanimous vote. VARIANCE 1994 20. SUBJECT: Notice of Decision - Planning Commission Resolution No. 13-94 approving a zone variance to allow a covered porch within the required 15 foot front yard setback at 3109 Biggs Court. Applicant: Frank De La Rosa. Case File No. Z-1994-2. RECOMMENDATION: Staff concurred with the Planning Commission decision to approve the application and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, the Notice of Decision be filed. No objection as filed. CITY MANAGER - No report. Book 76/Page 185 07/12/94 CITY ATTORNEY CLOSED SESSIONS 21. SUBJECT: Closed Session Report Re: Christopher Taylor v. City of National City, et al. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, the report be accepted and filed. No objection as filed. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL Item No. 22 was heard earlier, prior to Item No. 1. ORGANIZATIONS/LOCAL 22. SUBJECT: Continued discussion of the CAST Program. Councilman Morrison made inquiry regarding the J.O.G. (Juveniles Out of Gangs) display in the lobby of the Civic Center, and why gang pictures were in the display. PUBLIC ORAL COMMUNICATIONS Zendia Smith, 2121 Prospect Street, National City, spoke regarding a notice of violation she had received. Alex McLintock, 2038 Euclid Avenue, National City, expressed his opinion on several topics. Richard Sherman, 1236 E. 16th Street, National City, expressed his opinion on junk cars throughout the city, and graffiti on the new condominium complex above Highway 805. Randall James, 514 Baldwin Court, El Cajon, representing the Firefighters' Association, addressed the Council on the meet and confer process. Larry Beck, President of the Firefighters' Association, read a prepared statement pertaining to the meet and confer process and the status of National City Firefighters. Book 76/Page 186 07/12/94 PUBLIC ORAL COMMUNICATIONS (continued) Anne Campbell, National City Librarian, clarified for the record that she was listed on the Agenda as one of the negotiators for the FFA, but had never been assigned this task. Louise Martin, 1527 E. l5th Street, National City, addressed Mr. Sherman's prior comments regarding junk vehicles throughout the city and expressed her opinions on the need for public safety. CLOSED SESSIONS CONFERENCE WITH LABOR NEGOTIATOR (1) Agency Negotiators: Roger DeFratis, Michael Bouse, Jim Ruiz Employee Organization: National City Firefighters' Association (2) Agency Negotiators: Roger DeFratis, Michael Bouse, Jim Ruiz, Anne Campbell Employee Organization: National City Municipal Employees' Association ACTION: Motion by Morrison, seconded by Inzunza, in favor of holding the Closed Sessions. Carried by unanimous vote. Council Members left the Council Chambers at 9:45 p.m. Council Members returned to the Council Chambers at 11:35 p.m. ROLL CALL Council Members present: Dalla, Inzunza, Morrison, Zarate, Waters. City Attorney Eiser gave a Closed Session report regarding the Closed Session with the labor negotiators for the National City Municipal Employees' Association. He reported that an agreement concluding labor negotiations with the National City Municipal Employees' Association was approved with a unanimous vote. Book 76/Page 187 07/12/94 LABOR RELATIONS/MUNICIPAL EMPLOYEES ASSOCIATION Resolution No. 94-98. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION." ACTION: Motion by Morrison, seconded by Inzunza, in favor of Resolution No. 94-98. Carried by unanimous vote. ADJOURNMENT Motion by Morrison, seconded by Inzunza, to adjourn to the next Regular City Council Meeting - July 19, 1994 - 4:00 p.m. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 11:37 p.m. C*1 aniv,k__PQ-Q,u3- CITY CLERK The foregoing minutes were approved at the Regular Meeting of July 19, 1994. ----A:LVA(YOR CITY OF NATIONAL CITY /L 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.