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HomeMy WebLinkAbout1995 05-02 CC MINBook 77/Page 140 05/02/95 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 2, 1995 The Regular Meeting of the City Council of the City of National City was called to order at 4:01 p.m. by Mayor Waters. ROLL CALL Council members present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Bolint, Daniels, 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. APPROVAL OF MINUTES Motion by Morrison, seconded by Inzunza, the Minutes of the Regular Meeting of April 25, 1995 and the Special Meeting of April 27, 1995 be approved. Carried by unanimous vote. MAYOR'S PRESENTATIONS (102-14-2) Mr. Steve Davis (from the California State Department of Forestry and representing the National Arbor Day Association, located in Nebraska) awarded the City of National City the prestigious TREE CITY U.S.A. award. This distinguished award is given only to cities that strongly commit to providing more greenery to the urban landscape. Book 77/Page 141 05/02/95 PROCLAMATIONS (102-2-1) Motion by Zarate, seconded by Morrison, the Proclamations be read in their entirety. Carried by unanimous vote. The Proclamation proclaiming the week of April 30 through May 6, 1995 to be: "CLEAN AIR WEEK" 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 May 9, 1995 to be: "HIRE A VET DAY" was read in its entirety by Mayor Waters, who then presented it to Ms. Gloria Palmer of the California Employment Development Department. The Proclamation proclaiming the week of May 7-13, 1995 to be: "HIRE A VETERAN WEEK" was read in its entirety by Mayor Waters, who then presented it to Ms. Gloria Palmer of the California Employment Development Department. The Proclamation proclaiming May 13, 1995 to be: "ALLENSWORTH OLD TIME JUBILEE DAY" was read in its entirety by Mayor Waters, who then presented it to Parnell Lovelace, 219 Ensign St., San Diego. The Proclamation proclaiming the month of May, 1995 to be: "BETTER HEARING AND SPEECH 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 May, 1995 to be: "REACT MONTH" was read in its entirety by Mayor Waters, who then presented it to Patricia Pierce, President of Southwestern React. Book 77/Page 142 05/02/95 BOARDS & COMMISSIONS INTERVIEWS/APPOINTMENTS HOUSING & COMMUNITY DEVELOPMENT COMM (101-12-1) Mayor Waters turned the meeting over to Vice Mayor Morrison, who stated that Mayor Waters recommended that Ms. Cecilia Kirk be re -appointed to the Housing & Community Development Committee for a full term ending April 28, 1997. ACTION: Motion by Inzunza, seconded by Zarate, in favor of the Mayor's recommendation to re -appoint Ms. Cecilia Kirk to the Housing & Community Development Committee. Carried by unanimous vote. Mayor Waters administered the Oath of Office to Ms. Kirk. Mayor Waters requested the Closed Session be heard at this time. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (One potential case). Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(a) - Lemus v. City of National City. ACTION: Motion by Inzunza, seconded by Beauchamp, in favor of holding the Closed Sessions under Government Code Sections 54956.9(a) and (c). Carried by unanimous vote. Council Members left the Council Chambers at 4:25 p.m. Council Members returned to the Council Chambers at 5:05 p.m. ROLL CALL Council Members present: Beauchamp, Inzunza, Morrison, Waters. Absent: Zarate. Book 77/Page 143 05/02/95 CLOSED SESSION (continued) 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). Councilwoman Zarate arrived in the Council Chambers at 5:06 p.m. City Attorney Eiser left the Council Chambers and Assistant City Attorney Harter arrived at 5:06 p.m. PUBLIC HEARINGS COMMUNITY DEVELOPMENT/CONSOLIDATED PL (406-2-10) 1. SUBJECT: Continued Public Hearing - Community Development Block Grant/HOME 1995-96 Funding. Continued from Council Meeting of April 25, 1995. NOTE: Notice of Public Hearing and Proof of Publication are on file in the office of the Community Development Commission. RECOMMENDATION: Staff's recommendation was provided as Exhibit A, attached to Resolution No. 95-57, Agenda Item #5. TESTIMONY: Community Development Commission Executive Director Paul Desrochers provided a brief overview of the CDBG process. NOTE: Consensus of the Council was to act on each item separately. SERVICES: ACTION: Motion by Zarate, seconded by Morrison, in favor of Staff's recommendation of $20,000. for PROJECT READ. Carried by unanimous vote. Motion by Waters, seconded by Inzunza, in favor of $2,500. for CITIZENS PATROL. Carried by unanimous vote. The request for WHEELS TRANSPORT was withdrawn. Book 77/Page 144 05/02/95 COMMUNITY DEVELOPMENT/CONSOLIDATED PL (continued) Motion by Inzunza, seconded by Morrison, in favor of Staff's recommendation of $2,000. for SIXTH GRADE CAMP. Carried by unanimous vote. No funds were allocated to ALZHEIMER'S CENTER. Motion by Zarate, seconded by Morrison, in favor of Staff's recommendation of $18,000. for TINY TOTS PROGRAM. Carried by unanimous vote. Motion by Inzunza, seconded by Morrison, in favor of $21,000. for LEARN TO SWIM PROGRAM. Carried by unanimous vote. Motion by Zarate, seconded by Morrison, in favor of $103,750. for GRAFFITI REMOVAL, REVISED. Amended motion by Zarate, seconded by Morrison, in favor of $101,750 for GRAFFITI REMOVAL, REVISED. Carried by unanimous vote. Motion by Zarate, seconded by Inzunza, in favor of Staff's recommendation for $35,000. for CODE ENFORCEMENT. Carried by unanimous vote. NOTE: Councilwoman Zarate stated that she would be abstaining on the request by the Crisis Team, as she is a member. Motion by Inzunza, seconded by Morrison, in favor of $2,500. for CRISIS TEAM, REVISED. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Morrison, Waters. Nays: None. Abstaining: Zarate. Book 77/Page 145 05/02/95 COMMUNITY DEVELOPMENT/CONSOLIDATED PL (continued) Motion by Morrison, seconded by Inzunza, in favor of Staff s recommendation of no funding for AIDS FOUNDATION. Carried by unanimous vote. Motion by Zarate, seconded by Morrison, in favor of Staff's recommendation of $80.000, for COPS, POLICE MATCH. Carried by unanimous vote. Motion by Morrison, seconded by Zarate, in favor of Staffs recommendation of no funding for USIAA. Carried by unanimous vote. PUBLIC FACILITIES/IMPROVEMENTS: Motion by Inzunza, seconded by Morrison, in favor of Staff s recommendation of $500,000. for STREETSCAPE, MILE OF CARS. Carried by unanimous vote. Motion by Morrison, seconded by Zarate, in favor of Staff's recommendation of $100,000, for ADA PEDESTRIAN RAMPS. Carried by unanimous vote. Motion by Zarate, seconded by Inzunza, in favor of Staff's recommendation of $75,000. for ADA BIJILDINCL FACILITIES. Carried by unanimous vote. NOTE: Consensus of the Council was to direct $27,000. to the Casa de Salud Project. Motion by Zarate, seconded by Morrison, in favor of Staff's recommendation of $100,000, for CURB, GUTTERS, AND SIDEWALKS. Carried by unanimous vote. Book 77/Page 146 05/02/95 COMMUNITY DEVELOPMENT/CONSOLIDATED PL (continued) Motion by Inzunza, seconded by Morrison, in favor of Staff's recommendation of $20,000. for BEACON, SCHOOL CROSSINGS. Carried by unanimous vote. Motion by Morrison, seconded by Inzunza, in favor of Staff's recommendation of $90,000. for TRAFFIC SIGNALS. Carried by unanimous vote. Motion by Zarate, seconded by Morrison, in favor of Staff's recommendation of $160,000. for FIRE EQUIPMENT, ENGINE. Carried by unanimous vote. Motion by Inzunza, seconded by Morrison, in favor of Staff s recommendation of $80,000, for FIRE STATION APPARATUS. Carried by unanimous vote. Motion by Morrison, seconded by Inzunza, in favor of $25,000. for DUSK TO DAWN LIGHTS. Carried by unanimous vote. Motion by Zarate, seconded by Morrison, in favor of Staff's recommendation of $125,000. for LIBRARY ELECTRICAL. Carried by unanimous vote. Motion by Morrison, seconded by Inzunza, in favor of Staff's recommendation of no funding for EL TOYON SCOREBOARD. Carried by unanimous vote. Motion by Inzunza, seconded by Morrison, in favor of Staff s recommendation of $20,000 for POOL COVERS, Carried by unanimous vote. Motion by Inzunza, seconded by Morrison, in favor of Staff's recommendation of $30,000 for POOL LIGHTS. Carried by unanimous vote. Book 77/Page 147 05/02/95 COMMUNITY DEVELOPMENT/CONSOLIDATED PL (continued) Motion by Inzunza, seconded by Morrison, in favor of Staff s recommendation of $110,000. for TRAFFIC SIGNAL UPGRADE. Carried by unanimous vote. Motion by Morrison, seconded by Zarate, in favor of Staff's recommendation of $50,000. for MISC. STORM DRAINS. Carried by unanimous vote. Consensus of the Council was to table the 50/50 SIDEWALKS item. Motion by Inzunza, seconded by Morrison, in favor of $5,000. for PARADISE CREEK, DESIGN. Carried by unanimous vote. Motion by Morrison, seconded by Zarate, in favor of Staff's recommendation of no funding for USIAA, BUILDING RENOVATION. Carried by unanimous vote. Motion by Waters, seconded by Inzunza, in favor of $20,000. for NEW BEGINNINGS, REHAB. Carried by unanimous vote. Motion by Waters, seconded by Inzunza, in favor of $30,000. for SOLAR HEATING, POOL Carried by unanimous vote. Motion by Zarate, seconded by Morrison, in favor of Staff s recommendation of no funding for SAMAHAN HEALTH CLINIC. Carried by unanimous vote. Motion by Beauchamp, seconded by Inzunza, in favor of no funding for 50/50 SIDEWALKS. Carried by unanimous vote. Book 77/Page 148 05/02/95 COMMUNITY DEVELOPMENT/CONSOLIDATED PL (continued) Motion by Morrison, seconded by Inzunza, in favor of $12,250. for CASA DE SALUD. Carried by unanimous vote. HOME FUNDED PROJECTS: Motion by Morrison, seconded by Zarate, in favor of Staff's recommendation of $207,000. for FIRST TIME BUYERS. Carried by unanimous vote. Motion by Morrison, seconded by Waters, in favor of $97,000. for HOME REHAB. LOAN PROGRAM. Carried by unanimous vote. Motion by Zarate, seconded by Inzunza, in favor of Staff's recommendation of $3,000. for SAN DIEGO HOME LOAN COUNSEL. Carried by unanimous vote. Motion by Inzunza, seconded by Morrison, in favor of Staff's recommendation of $210,000. for CHRISTMAS IN JULY. Carried by unanimous vote. No funding was allocated for SOUTH BAY COMMUNITY SERVICES. Motion by Morrison, seconded by Zarate, in favor of Staffs recommendation of no funding for MAAC, LEAD PAINT REMOVAL. Carried by unanimous vote. Book 77/Page 149 05/02/95 COMMUNITY DEVELOPMENT/CONSOLIDATED PL (continued) ADMINISTRATION, EXPENSE: Motion by Inzunza, seconded by Morrison, in favor of Staff's recommendation of $50,000. for CDC, DIRECT COSTS. Carried by unanimous vote. Mayor Waters requested Agenda Item No. 5 be heard at this time. COMMUNITY DEVELOPMENT/CONSOLIDATED PL (406-2-10) 5. Resolution No. 95-57. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING THE ALLOCATION OF CDBG AND HOME FUNDS." RECOMMENDATION: Staff recommendation provided as part of Exhibit "A" attached to the Resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, Resolution No. 95-57 be heard by title only. Carried by unanimous vote. Motion by Zarate, seconded by Morrison, Resolution No. 95- 57 be approved. Carried by unanimous vote. NON CONSENT RESOLUTIONS Motion by Zarate, seconded by Morrison, the Non Consent Resolutions be heard by title only. Carried by unanimous vote. STREET VACATIONS 1995 (902-28-1) 2. Resolution No. 95-54. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE AND CLOSE AN UNIMPROVED ALLEY BETWEEN "E" AND "F" AVENUES, EXTENDING 290 FEET SOUTH OF 18TH STREET. CASE FILE NO. SC-1995-1." Book 77/Page 150 05/02/95 STREET VACATIONS 1995 (continued) RECOMMENDATION: Staff recommended that Council adopt the Resolution, thereby setting a public hearing date for consideration of the Planning Commission recommendation that the alley be vacated. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of Resolution No. 95-54. Carried by unanimous vote. NATIONAL CITY DOWNTOWN REDEV PROJECT (411-1-1) 3. Resolution No. 95-55. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT AS AMENDED." RECOMMENDATION: Staff recommended that Council adopt the Resolution consenting to and calling for a joint public hearing on the proposed Redevelopment Plan for the National City Redevelopment Project as amended. NOTE: Mayor Waters participated to compose the quorum only. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of Resolution No. 95-55. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison. Nays: None. Abstaining: None. Disqualified: Beauchamp, Zarate, Waters. ROUTE 252 PLANNING ADMIN (803-1-1) 4. Resolution No. 95-56. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE PRIORITY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO'S AGENCY TAX PRIORITY RELATIVE TO THE MEMORANDUM OF UNDERSTANDING, STATE RT. 252, DATED MARCH 10, 1987." RECOMMENDATION: Staff recommended that Council approve the Resolution. Book 77/Page 151 05/02/95 TESTIMONY: Community Development Commission Executive Director Paul Desrochers noted a correction in the title of the Resolution to "...Agency Tax Increment..." ACTION: Motion by Morrison, seconded by Inzunza, in favor of Resolution No. 95-56 as corrected. Carried by unanimous vote. Agenda Item No. 5 was heard earlier, after Public Hearing. COMMUNITY DEVELOPMENT/CONSOLIDATED PL (406-2-10) 5. Resolution No. 95-57. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING THE ALLOCATION OF CDBG AND HOME FUNDS." SEWER SAN DIEGO AREA WASTEWATER MGMT DIST (906-1-8) 6. Resolution No. 95-58. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COST -SHARING AGREEMENT CONCERNING THE WASTEWATER TREATMENT DISPUTE WITH THE CITY OF SAN DIEGO." RECOMMENDATION: Staff recommended that Council adopt the Resolution. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of Resolution No. 95-58. Carried by unanimous vote. DEEDS AND EASEMENTS (D95-2) 7. Resolution No. 95-59. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM HENRY AND GLORIA FUENTES FOR A PORTION OF THE REAL PROPERTY AT 3350 VALLEY ROAD FOR CONSTRUCTION OF PLAZA BONITA CENTER WAY. (A.P.N. 564-290-72)." Book 77/Page 152 05/02/95 DEEDS AND EASEMENTS (continued) RECOMMENDATION: Staff recommended adoption of the Resolution. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of Resolution No. 95-59. Carried by unanimous vote. ORDINANCES FOR ADOPTION MUNICIPAL CODE 1995 (506-2-10) Motion by Morrison, seconded by Inzunza, the ordinance be adopted by title only. Carried by unanimous vote. 8. Ordinance No. 95-2094. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 7.06.010, 7.06.020 AND 7.06.030 OF THE NATIONAL CITY MUNICIPAL CODE, AMENDING PORTIONS OF ORDINANCE NO. 1812, AND ADDING SECTIONS 7.06.070 THROUGH 7.06.100 TO THE MUNICIPAL CODE, PERTAINING TO ABANDONED BUILDINGS." RECOMMENDATION: Staff recommended that the Ordinance be adopted. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Zarate, in favor of Ordinance No. 95-2094. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1994 (202-1-9) 9. SUBJECT: Warrant Register #41. Ratification of Demands in the amount of $414,829.31 (Warrant Nos. 134102 through 1341186 inclusive excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. Book 77/Page 153 05/02/95 WARRANT REGISTERS 1994 (continued) ACTION: Motion by Beauchamp, 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. TEMPORARY USE PERMITS 1995 (203-1-11) 10. SUBJECT: Use of Community Building by Chamber of Commerce for "Sundowner" and waiver of fees. RECOMMENDATION: Staff recommended that Council approve the use of the building and waive the fees. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of the request. Carried by unanimous vote. TEMPORARY USE PERMITS 1995 (203-1-11) 11. SUBJECT: Committee to Reclaim our Neighborhoods requests use of the Community Building for Parents for Prevention, New Beginnings, National City Police, National City Community Development, Join Together, and others on 18 May 1995, and waiver of fees. RECOMMENDATION: Staff recommended that Council approve the use of the building and waive the fees. TESTIMONY: Cecilia Kirk, 311 E. 2nd St., National City, responded to questions of the Council and clarified that this item is the PACE Program. ACTION: Motion by Inzunza, seconded by Zarate, in favor of the request. Carried by unanimous vote. Mayor Waters recognized Mrs. Morrison who was present in the audience. Book 77/Page 154 05/02/95 PLANNED DEVELOPMENT PERMITS 1995 (414-1-10) 12. SUBJECT: Notice of Decision - Planning Commission Resolution No. 4-95 approving a Planned Development Permit for an addition to a shopping center for a restaurant and for the sale of beer, wine and distilled spirits within the restaurant at 3030 Plaza Bonita Road. Applicant: John Tarlos. (Case File No. PD-1995-2). 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 Beauchamp, 14 set this item for Public Hearing. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Waters read into the record correspondence received from Christy Walton regarding the city's funding of youth programs; resignation letters for the PAC received from Carolyn Sipes and Rudy Robledo and a resignation letter from National City Chief of Police Kent Reesor. CITY COUNCIL Councilwoman Zarate requested the placement on a future agenda of a presentation by the Granger Jr. High students of their "National City Dream" video. Vice Mayor Morrison congratulated the Chamber of Commerce on the success of their Downtown Revitalization Summit, and spoke regarding a letter sent by Ron Roberts, San Diego County Supervisor, claiming credit for the handling of the trash situation. Mayor Waters requested the Council consider the use of the anticipated trash savings for funding of public safety services. Book 77/Page 155 05/02/95 CITY COUNCIL (continued) Councilman Inzunza stated that the Council would be receiving an invitation to hear SUHS Senior Anthony Gonzales perform at Granger Music Hall on May 10th at 1:00 p.m. He also mentioned that SUHS Senior Martha Juarez has been accepted at U.C. Berkley, Harvard, Stanford... Councilman Beauchamp extended thanks to retiring Police Chief Reesor and wished him well. He then requested the Council be sensitive as to how they address other people. Mayor Waters read a letter into the record (copy on file in the office of the City Clerk) from a Bonita resident commending them on the City's graffiti eradication program and citing two locations in constant need of cleaning. PUBLIC ORAL COMMUNICATIONS Cecilia Kirk, 311 E. 2nd St., National City, expressed concerns on traffic problems experienced last Sunday. Rosemary Peyron, 207 So. Belmont, National City, spoke regarding her experience last Sunday with traffic problems and the negative responses she received from several National City Police Officers. Alda West, 315 E. 3rd St., National City made an inquiry on behalf of Aileane Roberts with regards to a used car lot that was flying a Mexican Flag and not an American Flag, and then inquired as to a Filipino man being allowed to park on the sidewalk at 9th and "D" Avenue. Louise Martin, 1527 E. 15th St., National City, stated her agreement with the Mayor and Council on actions taken to handle the problems being experienced on Highland Avenue. Debra Landry, 1115 E. 11 th St., National City, explained her experience last Sunday with rude National City Police Officers and the traffic situation and then expressed her views on potential solutions. Book 77/Page 156 05/02/95 Closed Session was heard earlier, after Interviews and Appointments. CLOSED SESSIONS CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (One potential case). Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(a) - Lemus v. City of National City. ADJOURNMENT Motion by Inzunza, seconded by Zarate, to adjourn to the next Regular City Council Meeting - May 9, 1995 - 7:00 p.m. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 8:07 p.m. -L1...) CITY CLERK The foregoing minutes were approved at the Regular Meeting of May 9, 1995. 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.