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HomeMy WebLinkAbout1994 12-13 CC MINBook 76/Page 349 12/13/94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 13,1994 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: Beauchamp, Inzunza, Morrison, Waters. Absent: Zarate. 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 Vice Mayor Morrison. Councilwoman Zarate arrived in the Council Chambers at 7:04 p.m. APPROVAL OF MINUTES Motion by Inzunza, seconded by Morrison, the Minutes of the Regular Meeting of December 6, 1994 be approved. Carried by unanimous vote. PRESENTATIONS (102-14-2) Mayor Waters read into the record press release regarding a Certificate of Achievement for Excellence in Financial Reporting (copy on file in the office of the City Clerk) which has been awarded to the City of National City, and an award of Financial Reporting Achievement awarded to Romeo Vallar, Principal Accountant, Finance Department, City of National City. Marylou Matienzo, Finance Director, accepted the Certificate on behalf of the Finance Department. Book 76/Page 350 12/13/94 Mayor Waters recognized Assemblywoman Denise Ducheny, who provided a brief verbal report on what is happening in Sacramento and announced that her District Office was being moved to National City, to the Southport Business Park, 2414 Hoover Avenue, Suite A (477-7979). She then answered question of the Council. PUBLIC HEARINGS CONDITIONAL USE PERMITS (403-9-6) 1. SUBJECT: Public Hearing - Appeal of Planning Commission's approval of a Conditional Use Permit for live entertainment (karaoke) within a restaurant at 1125 National City Boulevard. (Applicant: Lourdes Hesson). (Case File No. CUP-1994-12). NOTE: Notice of Public Hearing and Proof of Publication are on file in the office of the City Clerk. RECOMMENDATION: Staff concurred with the decision of the Planning Commission to approve the application. TESTIMONY: Lourdes Hesson, 2936 E. Division Street, National City, answered questions of the Council and spoke in support of her request. Kathy Smith, 3028 E. 1 lth Street, National City, expressed concerns with karaoke at the Bayside Restaurant. Mayor Waters Declared the Public Hearing closed. ACTION: Motion by Inzunza, seconded by Waters, for approval with the findings found in the Planning Commission Resolution, and to include agreement to participate in a parking district if one is established in the future. Carried by unanimous vote. Item No. 6 was heard at this time. Book 76/Page 351 12/13/94 OLD BUSINESS CONTRACT (C90-26) 6. SUBJECT: Recommendation for modification to EDCO Silver Bag Trash Program. Continued from Council Meeting of December 6, 1994. RECOMMENDATION: Staff recommended that Council approve the elimination of yard waste pick-up for silver bag subscribers effective January 1, 1995. TESTIMONY: Public Works Director Curtis Williams gave a brief overview of the Silver Bag Program and answered questions of the Council. Alda West, 315 W. 3rd Street, National City, made inquiry of Staff and expressed her opinions on the program. Steve South, General Manager of EDCO Disposal Corporation, answered questions of the Council. Everett Dickson, 2745 E. 14th Street, National City, suggested that the charge be $2.40 a bag. ACTION: Motion by Inzunza, seconded by Waters, to put a moratorium on the Silver Bag Program (no new subscribers) for up to six months and refer the item back to Staff in the interim for review and a report to be brought back to Council in January. 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. EQUIPMENT PURCHASE ADMIN (209-1-1) 2. Resolution No. 94-174. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASING AGENT TO PURCHASE RELOCATABLE ALARM SYSTEMS FOR THE POLICE DEPARTMENT WITHOUT COMPLIANCE WITH BIDDING PROCEDURES." Book 76/Page 352 12/13/94 EQUIPMENT PURCHASE ADMIN (209-1-1) (continued) RECOMMENDATION: Staff recommended approval of the sole source purchase, and that authority be given to the Purchasing Agent to issue a Purchase Order to Honor Mobile Communications. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, in favor of Resolution No. 94-174. Carried by unanimous vote. CONTRACT (C94-30) 3. Resolution No. 94-175. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH MISSION MANAGEMENT, INC. FOR THE PROVISION OF SOFTWARE AND HARDWARE AND RELATED CONSULTING SERVICES FOR A SEWER BILLING AND MANAGEMENT SYSTEM." RECOMMENDATION: Staff recommended Council approve the resolution. NOTE: City Attorney Eiser suggested the inclusion of companion Item No. 10. Agenda Item No. 10 was heard at this time. SEWER CAPACITY/FEES ADMIN (906-1-4) 10. SUBJECT: Staff recommendations for billing for sewer services. RECOMMENDATION: Staff recommended that Council approve augmentation of Finance Department staff by two; approve award of professional services contract for software and hardware to Mission Management, Inc. per attached FIN ONE document.; and approve relocation of Finance Department to a portion of the old Police Department spaces with funding as indicated. TESTIMONY: Marylou Matienzo, Finance Director, answered questions of the Council regarding the two proposed items. Book 76/Page 353 12/13/94 CONTRACT (C94-30) /SEWER CAPACITY/FEES ADMIN (906-1-4) ACTION: Motion by Inzunza, seconded by Waters, in favor of Resolution No. 94-175 and the Staff recommendation for billing of sewer services under Agenda Item No. 10. Carried by unanimous vote. CONTRACT (C94-31) 4. Resolution No. 94-176. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MCDANIEL ENGINEERING COMPANY, INC." RECOMMENDATION: Staff recommended Council adopt the Resolution authorizing the Mayor to execute the agreement with McDaniel Engineering for providing bridge construction engineering support services for the replacement of the La Paleta Creek Bridges on Harbor Drive. TESTIMONY: None. ACTION: Motion by Waters, seconded by Inzunza, in favor of Resolution No. 94-176. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION Motion by Waters, seconded by Zarate, the Ordinance be introduced by title only. Carried by unanimous vote. LABOR RELATIONS/MAYOR & COUNCIL 5. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARIES OF THE MAYOR, THE CITY COUNCIL, AND OF THE CHAIRMAN AND MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION." NOTE: Consensus of the Council was to have the City Treasurer receive an increase based on the same percentage and conditions. Book 76/Page 354 12/13/94 LABOR RELATIONS/MAYOR & COUNCIL (continued) ACTION: Motion by Waters, seconded by Morrison, IQ amend the proposed Ordinance to reflect an increase according to the same percentage, Jime, and conditions as the Municipal Employees Association had negotiated. Carried by unanimous vote. NOTE: The proposed ordinance will be re -introduced December 20, 1994. Item No. 6 was heard earlier, after Item No. 1. OLD BUSINESS CONTRACT (C90-26) 6. SUBJECT: Recommendation for modification to EDCO Silver Bag Trash Program. Continued from Council Meeting of December 6, 1994. NEW BUSINESS WARRANT REGISTERS 1994 (202-1-9) 7. SUBJECT: Warrant Register #23. Ratification of Demands in the amount of $365,163.36 (Warrant Nos. 132555 through 132603 inclusive excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Inzunza, seconded by Morrison, in favor of the Ratification of Demands. Warrants carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. Absent: None. Book 76/Page 355 12/13/94 VARIANCE (409-1-17)/VARIANCE DENIALS 1994 (409-1-18) 8. SUBJECT: Notice of Decision - Planning Commission Resolution No. 32-94 approving a Zone Variance to allow parking within the front yard setback and denying a zone Variance to allow fencing up to 6 feet in height in lieu of the 4 foot maximum height permitted within the front yard setback at 1515 "L" Avenue. (Applicant: Lorna Ratonel). (Case File No. Z-1994-9). RECOMMENDATION: Staff concurred with the decision of the Planning Commission to approve the variance for parking within the front yard setback and deny the variance for fencing up to six feet in height within the same setback, and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, the Notice of Decision be filed. No objection as filed. VARIANCE (409-1-17) 9. SUBJECT: Notice of Decision - Planning commission Resolution No. 31-94 approving a Zone Variance to allow a 3,943 sq. ft. parcel in lieu of the 5,000 sq. ft. minimum parcel size required at the northeast corner of Grove and East 20th Streets. (Applicant: Kenneth E. Hargrave). (Case File No. Z-1994-8). RECOMMENDATION: Staff concurred with the decision of the Planning Commission to approve the zone variance, and recommended that the Notice of Decision be filed. TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition to the item. ACTION: Motion by Morrison, seconded by Inzunza, to set the item for Public Hearing. Carried by unanimous vote. Item No. 10 was heard during Item No. 3. SEWER CAPACITY/FEES ADMIN (906-1-4) 10. SUBJECT: Staff recommendations for billing for sewer services. Book 76/Page 356 12/13/94 CLAIM (501-1-104) 11. SUBJECT: Claim for Damages: Merrily Klaser. RECOMMENDATION: Staff recommended that Council deny and refer to the City Attorney. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Zarate, to deny and refer to the City Attorney. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Waters reported that the National City Marina is moving forward, and that escrow should close on December 24, 1994. He reported that the purchase price was negotiated from $5,700,00.00 down to $5,000,000.00, with $700,000.00 to remain in the Port District Budget for National City. A check will be presented to the property owner (Barkett), only upon receipt of a check from him for the balance due on the downtown hotels. CITY COUNCIL Councilman Beauchamp requested a review with a comparison of other cities our size and their meeting schedules, including a review of whether agendas could be prepared and distributed one week in advance of meetings; requested a review of the legality of having a Council member present at negotiations with the labor unions; and requested that Staff be treated professionally in discussions by the Mayor and City Council. Councilman Morrison provided a brief verbal update on the Solid Waste Authority situation and their dealings with the Board of Supervisors. Book 76/Page 357 12/13/94 PUBLIC ORAL COMMUNICATIONS City Treasurer George Hood stated that he was present to answer any questions that may arise regarding the National City investment policy, due to recent publicity regarding what has happened in Orange County and their bad investments. Alfonso Hernandez, 2132 Euclid Avenue, National City addressed Staff regarding fence heights throughout the City and reported several sites on 16th Street; he also made inquiry as to collections on back billings on sewer fund. Barbara Magill, 2425 K Avenue, National City, requested that a Traffic Safety recommendation be ignored and stop signs be installed at 28th and K Avenue. Clayborn Swanson, 1921 F Avenue, National City, made inquiry of the Council with regards to Police negotiations. Everett Dickson, 2745 E. 14th Street, National City, spoke in support of the proposed rate increase in the Silver Bag Program, and as a member of the General Plan Advisory Committee, stated there was no quorum for the last three meetings and requested assistance from Council to encourage attendance. He then thanked a citizen who spoke previously for her concerns on the city and her neighborhood. CLOSED SESSIONS CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (One potential case). Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (One potential case). NOTE: City Attorney Eiser stated that the second Closed Session has been withdrawn at this time. ACTION: Motion by Morrison, seconded by Inzunza, in favor of holding the Closed Session regarding significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9. Carried by unanimous vote. Book 76/Page 358 12/13/94 CLOSED SESSIONS (continued) Council members left the Council Chambers at 10:02 p.m. Council members returned to the Council Chambers at 11:23 p.m. ROLL CALL Council members present: Beauchamp, Inzunza, Morrison, Zarate, Waters. ADJOURNMENT Motion by Zarate, seconded by Morrison, to adjourn to the next Regular City Council Meeting - December 20, 1994 - 4;00 p.m. Council Chambers,. Civic Center. Carried by unanimous vote. The meeting closed at 11:24 p.m. Book 76/Page 359 12/13/94 ADJOURNMENT (continued) The foregoing minutes were approved at the Regular Meeting December 20, 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.