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HomeMy WebLinkAbout1994 10-11 CC MINBook 76/Page 288 10/11/94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 11, 1994 The Regular Meeting of the City Council of the City of National City was called to order at 7:01 p.m. by Mayor Waters. ROLL CALL Council members present: Dalla, 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 G. McCabe, followed by the invocation by Councilman Dalla. APPROVAL OF MINUTES Motion by Morrison, seconded by Dalla, the Minutes of Regular Meeting of October 4, 1994 be approved. Carried by unanimous vote. PRESENTATIONS Mr. Clint Taylor, Drug, Alcohol, Tobacco Coordinator of the National School District, presented a red ribbon to the Mayor and City Council members, as well as enough red ribbons for each City Hall employee. The District will celebrate Red Ribbon week October 23-31 to present a unified and visible commitment toward the creation of a Drug -Free America. PROCLAMATIONS Motion by Morrison, seconded by Zarate, the Proclamations be read in their entirety. Carried by unanimous vote. The Proclamation proclaiming October 15, 1994 as "WHITE CANE SAFETY DAY" was read aloud in its entirety by Mayor Waters, who then gave it to the City Manager to send to the proper people. Book 76/Page 289 10/11/94 PROCLAMATIONS (continued) The Proclamation proclaiming the remaining holiday months of 1994 and all of 1995 as "BUCKLE UP FOR LIFE CHALLENGE" was read aloud in its entirety by Mayor Waters, who then gave it to the City Manager to send to the proper people. BOARDS & COMMISSIONS INTERVIEWS/APPOINTMENTS STUDENT/YOUTH COMMISSION ADMIN (101-23-1) PLANNING COMMISSION ADMIN (101-6-1) Mayor Waters turned the meeting over to Vice Mayor Inzunza. Vice Mayor Inzunza introduced Mr. Anthony Portillo, who was appointed Student Commissioner to the Planning Commission on October 4, 1994. City Clerk Peoples then administered the Oath of Office to Mr. Portillo, and presented him with a Certificate of Appointment. Mr. Portillo thanked the Council for their support. Vice Mayor Inzunza turned the meeting back over to Mayor Waters. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 94-144 through 94-146). Motion by Morrison, seconded by Zarate, in favor of the Consent Calendar. Carried by unanimous vote. CONTRACT (C94-20) 1. Resolution No. 94-144. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF J.O.G./SCHOOL LIAISON OFFICER PROGRAM." ACTION: Adopted. See above. Book 76/Page 290 10/11/94 CONSENT CALENDAR (continued) CONTRACT (C94-24) 2. Resolution No. 94-145. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING R. E. STAITE ENGINEERING TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH R. E. STAITE ENGINEERING FOR THE CONSTRUCTION OF THE HARBOR DRIVE BRIDGE AT THE LA PALETA CREEK." ACTION: Adopted. See above. CITY ACQUISITION/PROPERTY ADMIN (1001-1-6) 3. Resolution No. 94-146. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO SIGN AN OFFER FOR THE PURCHASE OF SURPLUS STATE LAND AT THE INTERSECTION OF VALLEY ROAD AND PLAZA BONITA CENTER WAY." ACTION: Adopted. See above. OLD BUSINESS METROPOLITAN TRANSIT BOARD ADMIN (101-14-1) 4. SUBJECT: Request from Metropolitan Transit Development Board (MTDB) to allow Goodwill Industries to locate an attended donation facility at the 24th Street Trolley Station. Case File No. AP-1994-1. RECOMMENDATION: Staff concurred with the Planning Commission recommendation of approval of the request, subject to six conditions of approval (attached to the Agenda). TESTIMONY: Judith Leitner, representing MTDB, requested the relaxation of two conditions imposed by the Planning Commission (a phone be provided in the facility for the attendant and the facility painted in a color scheme to match the existing buildings on the property.) Book 76/Page 291 10/11/94 METROPOLITAN TRANSIT BOARD ADMIN (101-14-1) (continued) ACTION: Motion by Morrison, seconded by Inzunza, to reject Staff's recommendation of approval. Failed by the following vote, to -wit: Ayes: Morrison, Waters. Nays: Dalla, Inzunza, Zarate. Abstaining: None. Absent: None. Motion by Zarate, seconded by Dalla, in favor of Staff's recommendation for a 1 year trial period or until the adult School comes on line with a waiver of the condition that the facility be painted in a color scheme to match the existing buildings on the property. Carried by the following vote, to - wit: Ayes: Dalla, Inzunza, Zarate. Nays: Morrison, Waters. Abstaining: None. Absent: None. WRITTEN COMMUNICATION ELECTION 11-8-94 ADMIN (505-8-3) 5. SUBJECT: Letter from Joe Ghougassian asking the City Council to waive fees for sign removal. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, in opposition to the request. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1994 (202-1-9) 6. SUBJECT: Warrant Register #14. Ratification of Demands in the amount of $192,338.70 (Warrant Nos. 131900 through 131949 inclusive excepting none) and Certification of Payroll in the amount of $401,257.89. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Zarate, seconded by Inzunza, in favor of the Ratification of Demands and Certification of Payroll. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. Absent: None. Book 76/Page 292 10/11/94 POLITICAL SUPPORT (102-4-1) 7. SUBJECT: Consider joining Amicus Curiae Brief on behalf of the City of Escondido in Water Quality Assn. V. City of Escondido. RECOMMENDATION: Staff recommended that the City Council authorize joinder in Amicus Curiae brief. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, in favor. Carried by unanimous vote. TEMPORARY USE PERMITS 1994 (203-1-10) 8. SUBJECT: Temporary Use Permit - Pinery Christmas Trees. RECOMMENDATION: Staff recommended approval of the application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, in favor of the request with all recommended conditions of Staff. Carried by unanimous vote. VARIANCE 1994 (409-1-17) 9. SUBJECT: Notice of Decision - Planning Commission Resolution No. 22-94 approving a zone variance to allow a covered porch to encroach 7 feet into the 15 foot front yard setback at 3420 Newberry Street. Applicant: John and Jenny Ramos. (Case File No. Z-1994- 6). RECOMMENDATION: Staff concurred with the decision of the Planning Commission to approve the application, and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Dalla, the Notice of Decision be filed. Carried by unanimous vote. Book 76/Page 293 10/11/94 PLANNED DEVELOPMENT PERMIT ADMIN 1994 (414-1-9) 10. SUBJECT: Notice of Decision - Planning Commission Resolution No. 24-94 approving a Planned Development Permit for a 164,000 sq. ft. shopping center and zone variance to allow reductions in parking lot aisle width, stall length and number of parking spaces at 3420 Highland Ave. Applicant: Nu -Western Development Co. (Case File Nos: PD-1994-2/Z-1994-4). RECOMMENDATION: Staff concurred with the decision of the Planning Commission 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 accepted and filed. No objection as filed. CITY MANAGER - No report. CITY ATTORNEY City Attorney Eiser requested a Closed Session be held at the end of the Agenda with regards to pending litigation per Government Code 54956.9(a). The Closed Session was to confer with legal counsel regarding Rattray v. City of Natinoal City, et al. The City Attorney's Office received notice on the afternoon of October 10, 1994 after the posting of the Agenda, that the Ninth Circuit Court of Appeals had rendered a decision. The City Attorney requested a Closed Session to review the City's options to enable the City to act upon the Court's decision in a timely manner. OTHER STAFF Executive Director Desrochers stated that the Petitioner for the Adjourned Meeting of the Community Development Commission scheduled to follow tonight's City Council Meeting, had requested his item be continued for three weeks. Book 76/Page 294 10/11/94 MAYOR Mayor Waters reported that a Graffiti Abatement Assembly Bill, number 302, had passed as proposed by a prior Chula Vista Mayor and requested Staff provide the Mayor and Council each with a copy for their information. CITY COUNCIL Councilman Morrison requested the City look into establishing a Sister City with Tahiti and if successful, volunteered to serve on the committee. Councilman Dalla reported that MTDB had approved the proposed adult school site subject to an agreement being worked out with the Sweetwater High School District and commended CDC Director Desrochers for his assistance in the project. PUBLIC ORAL COMMUNICATIONS Ann Pietila, 818 Olive Avenue, National City, addressed the Council with regards to the new trash bins and made inquiry with regards to the silver bag program and yard waste. Louise Martin, 1527 E. 15th Street, National City, addressed the Council with regards to the silver bag program and expressed her opinion on the agreement with EDCO. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION - Government Code Section 54956.9(a) - Rattray v. City of National City, et al. ACTION: Motion by Inzunza, seconded by Zarate, in favor of bringing this item onto the Agenda as the need to take action arose after the posting of the Agenda. Carried by unanimous vote. Motion by Morrison, seconded by Inzunza, in favor of Closed Session per Government Code Section 54956.9(a). Carried by unanimous vote. Council members left the Council Chambers at 7:53 p.m. Council members returned to the Council Chambers at 8:01 p.m. Book 76/Page 295 10/11/94 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). Motion by Dalla, seconded by Zarate, in favor of the report. Carried by unanimous vote. ADJOURNMENT Motion by Dalla, seconded by Zarate, to adjourn to the Next Regular City Council Meeting - October 18, 1994 - 4:00 p.m. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 8:04 p.m. clfru,. nAA,v.i ,_D2u_ CITY CLERK The foregoing minutes were approved at the Regular Meeting of October 18, 1994. AYOR 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.