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HomeMy WebLinkAbout1995 07-25 CC MINBook 77/Page 249 07/25/95 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 25, 1995 The Regular Meeting of the City Council of the City of National City was called to order at 7:03 p.m. by Mayor Waters. ROLL CALL Council members present: Beauchamp, 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 Vice Mayor Morrison. APPROVAL OF MINUTES Motion by Inzunza, seconded by Morrison, the Minutes of the Regular Meeting of July 18, 1995 be approved. Carried by unanimous vote. MAYOR'S PRESENTATIONS BOARD OF PORT COMM REPORTS/HEARINGS (701-3-1) National City Port Commissioner Jess Van Deventer gave a Port Report (copy on file in the Office of the City Clerk) and updated the Council on National City and regional issues dealing with the Port. Port Commissioner Van Deventer then answered questions of the Council. Mayor Waters requested that item No.12. be heard at this time. Book 77/Page 250 07/25/95 BD OF PORT COMM/SO BAY OCEAN OUTFALL PROJECT (701-6-1) 12. SUBJECT: Proposal of the San Diego Unified Port District to offer the use of property near National City Marine Terminal and the use of local streets to haul and load materials for the South Bay Ocean Outfall Project. RECOMMENDATION: Staff recommended that Council request additional information from the Port District on specific hours of truck operations, expected impacts to local street pavement, and a proposal to mitigate such damage to pavement. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to continue the item to allow staff time to compose correspondence requesting transportation be at night (10:00 p.m. to 5:00 a.m.) on Civic Center Drive off of I-5 to Tidelands, review the proposed bonding etc. and bring the item back for Council approval. Carried by unanimous vote. Mayor Waters requested item No. 7 be heard at this time. WRITTEN COMMUNICATIONS METROPOLITAN TRANSIT BOARD ADMIN (101-14-1) 7. SUBJECT: Appearance by Thomas F. Larwin to discuss MTDB FY 96 Budget. TESTIMONY: Mr. Larwin, General Manager of MTDB provided Council with a handout (copy on file in the Office of the City Clerk), made a brief verbal presentation and responded to questions of the Council. ACTION: Motion by Morrison, seconded by Inzunza, to provide MTDB Representative Beauchamp with the same direction as Council previously voted (oppose any rate increase) until such time new information is brought forward Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: Beauchamp. Book 77/Page 251 07/25/95 Zarate left the Council Chambers at 8:16 p.m. Zarate returned to the Council Chambers at 8:19 p.m. PUBLIC HEARINGS PARKING DISTRICT ADMIN (801-1-1) 1. SUBJECT: Public Hearing - On the removal of "D" Avenue between Plaza Boulevard and 12th Street from Residential Permit Parking District "H". RECOMMENDATION: Staff recommended that Council open a public hearing on the removal of "D" Avenue between Plaza Boulevard and 12th Street from Residential Permit Parking District «H„ TESTIMONY: None. ACTION: Mayor Waters declared the Public Hearing closed. Motion by Inzunza, seconded by Morrison, to close to the Public Hearing. Carried by unanimous vote. ZONING CODE AMENDMENTS 1995 2. SUBJECT: Public Hearing - Amendment to Title 18 (Zoning) of the National City Municipal Code to allow used paper collection, sorting and packaging in the MIL (Light Manufacturing) Zone. Applicant: Browning -Ferris Industries. Case File No.: A-1995-1. RECOMMENDATION: Staff concurred with the Planning Commission's recommendation to approve the code amendment. TESTIMONY: None. ACTION: Motion by Zarate seconded by Morrison, to close the public hearing and in favor of the proposed amendment to Title 18 of the National City Municipal Code. Carried by unanimous vote. NON CONSENT RESOLUTIONS Motion by Zarate, seconded by Morrison, the Non Consent Resolutions be read by title only. Carried by unanimous vote. Book 77/Page 252 07/25/95 NON CONSENT RESOLUTIONS (continued) SEWER CONST/MAINT ADMIN 1995 (906-1-2) 3. Resolution No. 95-115. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REJECTING ALL BIDS FOR THE SEWER REPAIR PROJECT SPEC. NO. 95-2 AND AUTHORIZING THE CITY ENGINEER TO RE -ADVERTISE A MODIFIED PROJECT. (ENGINEERING SPEC. NO. 95-2)." RECOMMENDATION: Staff recommended that Council reject all bids for the Sewer Repair Project and authorize the re -advertisement of a modified project. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of Resolution 95-115. Carried by unanimous vote. PARKING DISTRICT ADMIN (801-1-1) 4. Resolution No. 95-116. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REMOVING THAT PORTION OF "D" AVENUE BETWEEN 12TH STREET AND PLAZA BOULEVARD FROM RESIDENTIAL PERMIT PARKING DISTRICT "H". RECOMMENDATION: Staff recommended that Council adopt the Resolution removing "D" Avenue from Parking District "H". TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, in favor of Resolution 95-116. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION Motion by Morrison, seconded by Inzunza, the Ordinance be introduced by title only. Book 77/Page 253 07/25/95 ORDINANCE FOR INTRODUCTION (continued) MUNICIPAL CODE 1995 (506-2-10) 5. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NOS. 1069, 1719, 92-2030 AND 93-2061, AND AMENDING CHAPTER 14.04 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE SEWER SYSTEM." OLD BUSINESS SEWER CAPACITY/FEES ADMIN (906-1-4) 6. SUBJECT: Update of preparation for conversion to in-house sewer billing. RECOMMENDATION: Staff recommended that the report be received and filed. TESTIMONY: Finance Director Marylou Matienzo provided a brief verbal update. ACTION: Motion by Morrison, seconded by Zarate, the report be accepted and filed. No objection as filed. Item No. 7. was heard after Mayor's Presentation. METROPOLITAN TRANSIT BOARD ADMIN (101-14-1) 7. SUBJECT: Appearance by Thomas F. Larwin to discuss MTDB FY 96 Budget. NEW BUSINESS WARRANT REGISTERS 1995 (202-1-10) 8. SUBJECT: Warrant Register #03. Ratification of Demands in the amount of $371,259.40 (Warrant Nos. 135131 through 135207 inclusive excepting 135178, 135143). RECOMMENDATION: Staff recommended ratification of these warrants. Book 77/Page 254 07/25/95 WARRANT REGISTERS 1995 (continued) ACTION: Motion by Zarate, 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. Mayor Waters declared a recess at 8:30 p.m. Council reconvened at 8:47 p.m. ROLL CALL Council members present: Beauchamp, Inzunza, Morrison, Zarate, Waters. CIVIL SERVICE COMMISSION APPEALS (603-2-5) 9. SUBJECT: Request for Council review of disciplinary action against Eric Hanson, Firefighter. RECOMMENDATION: Staff requested Council determination. NOTE: City Attorney Eiser stated that because of due process in that the Assistant City Attorney was representing the City in this matter, he would not be providing Counsel. He then introduced Attorney Steve Eckis who had been retained to respond to Council's inquiry. Councilman Beauchamp requested Attorney Eckis respond to whether he should participate in discussion on this item as he had conducted fact finding on his own prior this review. TESTIMONY: Assistant City Attorney Linda K. Harter provided opening remarks. Mr. Hanson's Attorney, Holthaus provided opening remarks. ACTION: Motion by Inzunza, seconded by Morrison, to bring onto the Agenda the consideration of going into closed session as the need to take action arose after the posting of the Agenda. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: Beauchamp. Book 77/Page 255 07/25/95 CIVIL SERVICE COMMISSION APPEALS (continued) ACTION: Motion by Morrison, seconded by Inzunza, to go into closed session under Government Code Section 54957 - Personnel. Carried by the following vote, to wit: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: Beauchamp. TESTIMONY: Eric Hanson, National City Firefighter, Point Loma, addressed the Council. Council left the Council Chambers at 9:35 p.m. Council returned to the Council Chambers at 10:07 p.m. TESTIMONY: Attorney Eckis stated that the Council had considered the information and recommendations and that arguments had been made. Further that they had affirmed the findings of the Civil Service Commission with the modification that the reprimand would be verbal rather than being placed in Mr. Hanson's personnel file. He then read the modification into the record: "Be it further resolved that based on the above findings, the City Council orders that the May 15, 1995 Decision of the National City Civil Service Commission is hereby affirmed as modified, to wit: 1. The Appellant violated the sexual Harassment policy of the City of National City. A verbal reprimand shall be issued to the Appellant. No record of the reprimand shall be placed in the Appellant's personnel file. The pay of the Appellant shall be reduced from pay step E to pay step D for a period of six (6) months. The Appellant shall attend and complete sexual harassment training on his own time and at his own expense which shall include no fewer than eight (8) hours of such training. Such training shall be provided within 180 days of Book 77/Page 256 07/25/95 CIVIL SERVICE COMMISSION APPEALS (continued) the date hereof by a trainer to be determined by the Director of Personnel. The trainer shall not be an employee of the City of National City. The Appellant was not insubordinate, nor did he otherwise fail to obey any lawful and reasonable direction given by his supervisor." ACTION: Motion by Zarate, seconded by Inzunza, in favor of the adoption of the resolution with the modification so stated. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: Beauchamp. Motion by Morrison, seconded by Zarate, in favor of Resolution No. 95-117. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: Beauchamp. COMMUNITY PROMOTION (102-1-3) 10. SUBJECT: Request to display antique fire truck in the National City Automobile Heritage Days. RECOMMENDATION: Staff recommended approval of the request. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Zarate, in favor of Staffs recommendation. Carried by unanimous vote. COMMUNITY PROMOTION (102-1-3) 11. SUBJECT: Request to use 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 Beauchamp, seconded by Morrison, in favor of Staff's recommendation. Carried by unanimous vote. Book 77/Page 257 07/25/95 Item No. 12 was heard after the Mayor's Presentation. BD OF PORT COMM/SO BAY OCEAN OUTFALL PROJ (701-6-1) 12. SUBJECT: Proposal of the San Diego Unified Port District to offer the use of property near National City Marine Terminal and the use of local; streets to haul and load materials for the South Bay Ocean Outfall Project. PLANNED DEVELOPMENT PERMIT ADMIN 1995 (414-1-10) 13. SUBJECT: Notice of Decision - Planning Commission Resolution No. 11-95 approving a Planned Development Permit for construction of a skilled nursing facility at 2303 East 8th Street. Applicant: Charles and Wilma Cheneweth. Case File No.: 1995-3) RECOMMENDATION: Staff concurred with the Planning Commission's decision to approve the planned development permit. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, the Notice of Decision be filed. Carried by unanimous vote. PLANNED DEVELOPMENT PERMIT ADMIN 1995 (414-1-10) 14. SUBJECT: Notice of Decision - Planning Commission Resolution No. 12-95 approving a Planned Development Permit for construction of a skilled nursing facility at 2321 East 7th Street. Applicant: Charles and Wilma Cheneweth. Case File No.: 1995-4) RECOMMENDATION: Staff concurred with the Planning Commission's decision to approve the planned development permit. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, the Notice of Decision be filed. Carried by unanimous vote. CLAIM (501-1-111) 15. SUBJECT: Claim for damages: Victor Issaac Gallardo. RECOMMENDATION: Staff recommended that the claim be denied and referred to the City Attorney. TESTIMONY: None. Book 77/Page 258 07/25/95 CLAIM (continued) ACTION: Motion by Zarate, seconded by Inzunza, to deny the claim for damages and refer it to the City Attorney. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY MUNICIPAL CODE 1995 (506-2-10) 16. SUBJECT: Appeal Process for Municipal Code Violations. ACTION: Consensus of the Council was to refer the item back to the City Attorney to provide draft changes to the code and forward onto the Fee Committee for review as part of the fee package and then back to the Council for final action. OTHER STAFF - No report. MAYOR LABOR RELATIONS/CITY CLERK (605-9-1) 17. SUBJECT: Office of the City Clerk. ACTION: Motion by Inzunza, seconded by Morrison, to have the ]Mayor, Councilwoman Zarate, the City Manager, City Attorney and City Clerk, review potential options and bring a report back to Council within 30 days. Carried by unanimous vote. CITY COUNCIL Councilman Beauchamp made inquiry as to the policy/procedure for notification of people doing work within our City who are affected by Council action. PUBLIC ORAL COMMUNICATIONS Ernesto Azhocar, 1615 Lanoitan Avenue, National City, invited the Council and Staff to the Junior Robles Memorial Boxing Show to be held at the Sweetwater High School Gym , Saturday, July 29 from 1:00 p.m. to 4:00 p.m. He thanked all those who have given support to the National City Youth Athletic Association. Book 77/Page 259 07/25/95 PUBLIC ORAL COMMUNICATIONS (continued) Everett Dickson, 2745 E. 14th St., National City, thanked Planning Director, Roger Post, for providing maps for various areas of National City for use by the National City Neighborhood Watch Program. Alfonso Hernandez, 2132 Euclid Avenue, National City, made inquiry of the Council on actions taken under public hearings on the agenda; spoke regarding a grass fire at 30th and Edgemere and expressed his opinion that the property should be fenced; expressed his opinion on Agenda Item No. 12 and compared it to the damage done to the residential streets by the TELACU project; expressed opposition to the noise from the 3-Day concert on the Navy base and stated that National City had only one pier. ADJOURNMENT Motion by Morrison seconded by Zarate, to adjourn to the next Regular City Council Meeting - August 1, 1995- 4:00 P.M. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 10:45 p.m. ICKLA' 0/..A„A..,_ ,Z6-12k-e/0 CITY CLERK The foregoing minutes were approved at the Regular Meeting of August 1, 1995. 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.