HomeMy WebLinkAbout1995 11-14 CC MINBook 77/Page 375
11/14/95
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA
November 14, 1995
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: Beauchamp, Inzunza, Morrison, Zarate, Waters.
Administrative officials present: Berkuti, Bolint, Eiser, McCabe, 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 November 7, 1995 be approved. Carried by unanimous vote.
Mayor Waters deviated from the Agenda to recognize City Attorney Eiser
for his personal contribution to the National City Boys & Girls Club.
Mayor Waters then requested Item No. 2 be heard prior to Item No. 1.
PUBLIC HEARINGS
CONDITIONAL USE PERMIT (403-10-6)
2. SUBJECT: Public Hearing - Conditional Use Permit to allow a
Mobile Recycling Facility at 901 Euclid Avenue. Applicant: Ralph
Orsino, Mobile Recycling Corporation. Case File No.: CUP-1995-8.
Book 77/Page 376
11/14/95
CONDITIONAL USE PERMIT (continued)
RECOMMENDATION: Staff recommended the application be
approved based on the findings for approval and subject to the
conditions of approval as set forth in Planning Commission
Resolution 19-95, with added conditions that the facility be relocated
to the north end of the building, adjacent to the loading dock, and that
it be screened with an architecturally compatible masonry wall.
TESTIMONY: None.
ACTION: Motion by Inzunza, seconded by Beauchamp, to
close the Public Hearing. Carried by unanimous vote. Motion
by Zarate, seconded by Morrison, in favor of Staff's
recommendation subject to all conditions of approval. Carried
by unanimous vote.
CONDITIONAL USE PERMITS 1995 (403-10-7)
1. SUBJECT: Public Hearing - Conditional Use Permit to allow a
Mobile Recycling Facility at 3007 Highland Avenue. Applicant:
Christy Rael, Environmental Products Corporation. Case File No:
CUP-1995-10.
RECOMMENDATION: Staff concurred with the Planning
Commission decision to approve the application based on the
findings and subject to the conditions of approval set forth in
Planning Commission Resolution No. 20-95, with an added condition
that facility be screened with an architecturally compatible masonry
wall.
TESTIMONY: Mayor Waters read into the record letters in
opposition to the proposed recycling facility received from: 1)
Lorraine Van Cleave for Victoria Stowell and Robert Lion, 548
Otis Street, Chula Vista, and 2) Donna Rogozienski, 2837 "M"
Avenue, National City.
Cecilia Kirk, 311 E. 2nd St., National City, spoke in
opposition.
1
Book 77/Page 377
11/14/95
CONDITIONAL USE PERMITS 1995 (continued)
ACTION: Motion by Waters, seconded by Zarate, to close the
Public Hearing. Carried by unanimous vote.
Motion by Morrison, seconded by Inzunza, to petition the State
to include the Food 4 Less store in the convenience zone that is
now the Supersaver zone and apply for an exemption for that
zone. Carried by unanimous vote.
Motion by Morrison, seconded by Waters, to continue the
Public Hearing for 90 days. Carried by unanimous vote.
STREET VACATION (902-29-1)
3. SUBJECT: Public Hearing - Vacation of the portion of 27th Street,
between National City Boulevard and "A" Avenue. Case File No.:
SC-1995-2. Applicant: George Webster.
RECOMMENDATION: Staff concurred with the decision of the
Planning Commission to approve the application.
TESTIMONY: Zenaido Villalobos, 2730 "B" Avenue,
National City, spoke in opposition to the proposed closing of
27th Street.
F. F. Mournian, 2721 "B" Avenue, National City, spoke in
opposition to the proposed closing of 27th Street.
Mrs. F. F. Mournian, 2721 "B" Avenue, National City, spoke
in opposition to the proposed closing of 27th Street.
John S. Mournian, 2721 "B" Avenue, National City, spoke in
opposition to the proposed closing of 27th Street.
Larry Cox, Manager of an apartment complex at 303 E. 27th
St., National City, spoke in opposition to the proposed closing
of 27th Street.
Roy Metcalf, Controller of Tri City Paint, 190 E. 27th St.,
National City, spoke in opposition to the proposed closing of
27th Street and had the Mayor read into the record a note of
decision for People v San Rafael (1928) 95 CA 733, 273 P 138
(copy on file in the Office of the City Clerk).
Book 77/Page 378
11/14/95
STREET VACATION (continued)
Mayor Waters read into the record a letter received from Ralph
R. King in opposition to the proposed closing of 27th Street
and stated that a petition had been received from residents in
opposition to the vacation of any city street between 18th and
30th on A Avenue, National City Boulevard to D Avenue
(copies on file in the Office of the City Clerk).
Lane Pearson, owner of Colonial Dodge, 2829 National City
Boulevard, National City, spoke in support of the proposed
closing of 27th Street.
George Webster, owner of Webster Pontiac, 2601 National
City Boulevard, National City, spoke in support of the
proposed closing of 27th Street and explained why the request
was made and the thoughts behind it (copy on file in the Office
of the City Clerk).
ACTION: Motion by Waters. seconded by Inzunza, to close
the Public Hearing. Carried by unanimous vote. Motion by
Inzunza, seconded by Waters, to not vacate 27th Street based
on the recommended findings for denial. Carried by the
following vote, to -wit: Ayes: Inzunza, Morrison, Zarate,
Waters. Nays: Beauchamp.
NON CONSENT RESOLUTIONS
Motion by Morrison, seconded by Inzunza, the Non Consent Resolutions be
read by title only. Carried by unanimous vote.
REVENUE & TAXATION ADMIN (205-2-1)
4. Resolution No. 95-159. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING
ACTION TO ADDRESS THE CURRENT DISTRIBUTION
FORMULA FOR PROPOSITION 172 FUNDS WITHIN THE
COUNTY OF SAN DIEGO."
RECOMMENDATION: Staff recommended that Council adopt the
Resolution supporting a review and discussion regarding the
distribution of Proposition 172 funds within San Diego County.
Book 77/Page 379
11/14/95
REVENUE & TAXATION ADMIN (continued)
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Inzunza, in favor
of the approval of Resolution No. 95-159. Carried by
unanimous vote.
CONTRACT (C-94-24)
5. Resolution No. 95-160. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY APPROVING
CONTRACT CHANGE ORDER NO. 3 TO THE CONTRACT
WITH R. E. STAITE ENGINEERING, INC. FOR THE HARBOR
DRIVE BRIDGES." SPECIFICATION NO. 1028.
RECOMMENDATION: Staff recommended that Council approve
the change order.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Inzunza, in favor of
the approval of Resolution No. 95-160. Carried by unanimous
vote.
TRAFFIC SIGN/SIGNAL ADMIN 1995 (801-4-6)
6. Resolution No. 95-161. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT NO. 017
TO LOCAL AGENCY - STATE AGREEMENT FOR FEDERAL -
AID PROJECT NO. 11-5066."
RECOMMENDATION: Staff recommended that Council authorize
the Mayor to sign both copies of the Program Supplement Agreement
with CalTrans; direct the City Clerk to insert the Resolution number
and date in the spaces provided on the first page of each agreement
and to return both copies of the agreement with a copy of the
resolution to the Engineering Department to Cameron Berkuti.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Inzunza, in favor of
the approval of Resolution No. 95-161. Carried by unanimous
vote.
Book 77/Page 380
11/14/95
DEEDS AND EASEMENTS (D-95-8)
7. Resolution No. 95-162. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN EASEMENT AND
MAINTENANCE AGREEMENT FOR TRAFFIC CONTROL
DEVICES WITH CHULA VISTA TOWN CENTER ASSOCIATES,
LP."
RECOMMENDATION: Staff recommended that Council approve
the resolution.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Zarate, in favor
of the approval of Resolution No. 95-162. Carried by the
following vote, to -wit: Ayes: Inzunza, Morrison, Zarate,
Waters. Nays: None. Abstaining: Beauchamp.
ORDINANCES FOR INTRODUCTION
Motion by Zarate, seconded by Morrison, the Ordinance be introduced by
title only.
MUNICIPAL CODE 1995 (506-2-10)
8. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AMENDING SECTION 1 OF ORDINANCE NO.
1883, AND SECTION 1.20.010 (A) OF THE NATIONAL CITY
MUNICIPAL CODE."
OLD BUSINESS
TRAFFIC SIGN/SIGNAL ADMIN 1995 (801-4-6)
9. SUBJECT: Delay of Traffic Signal Installation at Brisbane and 4th
Avenue. (Dixieline/Highland Avenue)
RECOMMENDATION: Staff recommended direction from the
City Council on whether they will consider a delay on the installation
of the traffic signal.
TESTIMONY: None.
Book 77/Page 381
11/14/95
TRAFFIC SIGN/SIGNAL ADMIN 1995 (continued)
ACTION: Motion by Inzunza, seconded by Morrison, tQ
approve the delay requested by the developer to November 21,
1995. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Zarate, Waters. Nays: None. Abstaining:
Beauchamp.
NEW BUSINESS
WARRANT REGISTERS 1995 (202-1-10)
10. SUBJECT: Warrant Register # 19. Ratification of Demands in the
amount of $404,474.56 (Warrant Nos. 136436 through 136508
inclusive excepting none).
RECOMMENDATION: Staff recommended ratification of
these warrants.
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.
POLITICAL SUPPORT (102-4-1)
11. SUBJECT: Consider authorizing letter in support of rehearing in
Santa Clara County Local Transportation Authority v. Guardino.
RECOMMENDATION: Staff recommended direction from the
City Council.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Waters, in favor of
authorizing the City Attorney send a letter in support of a
rehearing on behalf of the Mayor and Council, Carried by
unanimous vote.
Book 77/Page 382
11/14/95
COMMUNITY PROMOTION (102-1-3)
12. SUBJECT:: Request to use 1925 Seagraves fire apparatus.
RECOMMENDATION: Staff recommended City Council to
approve the following: 1. Use of the 1925 Seagraves fire apparatus
for parade on November 18, 1995 at the Plaza Bonita Shopping
Center. 2. Approve the special rider (Santa Claus) on the fire
apparatus. 3. Approve driver options 1 - 3 (Option 1: Overtime call
back for two personnel. Approximate amount: $135.00. Option 2:
If Fire Department staffing permits, on duty personnel will be utilized
at no additional cost. Option 3: The National City Firefighters'
Association agrees to provide off duty drivers at no cost in exchange
for support of the Spirit of the Holidays Program).
NOTE: Fire Chief Kimble stated that the National City Firefighters'
Association had agreed to provide an off duty driver at no cost.
TESTIMONY: None.
ACTION: Motion by Inzunza, seconded by Zarate, in favor of
the request. Carried by unanimous vote.
PLANNED DEVELOPMENT PERMIT ADMIN 1995 (414-1-10)
13. SUBJECT:: Notice of Decision - Planning Commission Resolution
No. 24-95 approving a planned development permit for an adult
school and zone variance to allow parking within the 10 foot front
yard setback and a portion of the building within the 5 foot exterior
side yard setback at the northwest corner of 24th Street and Wilson
Avenue. Applicant: Martinez, Cutri & McCardle. Case File Nos.:
PD-1995-5/Z-1995-3
RECOMMENDATION: Staff concurred with the Planning
Commission's decision to approve the planned development permit
and zone variance applications.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Zarate, the
Notice of Decision be accepted and filed, No objection as
filed.
Book 77/Page 383
11/14/95
CLAIM (501-1-115)
14. SUBJECT: Claim for damages: Rosalia Pifion.
RECOMMENDATION: Staff recommended that the claim be
denied and referred to the City Attorney.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Inzunza, to deny
the claim and refer it to the City Attorney. Carried by
unanimous vote.
CLAIM (501-1-115)
15. SUBJECT: Claim for damages: Willie Abram.
RECOMMENDATION: Staff recommended that the claim be
denied and referred to the City Attorney.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Inzunza, to deny
the claim and refer it to the City Attorney. Carried by
unanimous vote.
CITY MANAGER - No report.
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR - No report.
CITY COUNCIL
Councilwoman Zarate, Councilman Inzunza and Vice Mayor Morrison
commended the National City Police Department, National City Fire
Department, Lowrider Council and Richard Sherman for holding a
successful toy drive without incident last weekend.
Richard Sherman, 1236 E. 16th Street, National City, added comment on
the event and thanked the Mayor, Council and City Departments for their
support.
Book 77/ Page 384
11/14/95
CITY COUNCIL (continued)
Vice Mayor Morrison requested staff definition on what the policy is going
to be on TUP's to avoid the Council being caught in situations where the
request is different from the documentation provided, etc.
PUBLIC ORAL COMMUNICATIONS
Alda West, 315 E. 3rd St., National City, thanked the Mayor and Council
for their support in allowing the car clubs to have the toy drive.
Cecilia Kirk, 311 E. 2nd St., National City, thanked the Mayor and Council
and Richard Sherman for their support of the Spirit of the Holidays. She
then reported on her trip to San Francisco to participate in the workshop
"Trainer of Trainers" on behalf of the Committee to Reclaim Our
Neighborhoods and invited all present to attend their meeting at the
National City Community Center tomorrow evening, November 15, 1995 at
7:00 p.m.
Mayor Waters recognized Frank Chenelle, National City representative on
the San Diego Water Board, and First Lady Victoria Waters, who were
present in the audience.
CLOSED SESSION:
Closed Session - Personnel Matters - Government Code Section 54957.
ACTION: Moved by Morrison, seconded by Inzunza, in favor
of holding the Closed Session under Government Code Section
54957. Carried by unanimous vote.
Council Members left the Council Chambers at 9:37 p.m.
Council Members returned to the Council Chambers at 10:00 p.m.
ROLL CALL
Council members present: Beauchamp, Inzunza, Morrison, Zarate, Waters.
Book 77/ Page 385
11/14/95
ADJOURNMENT
Motion by Inzunza, seconded by Morrison, to adjourn to the next Regular
City Council Meeting - November 21, 1995 - 4:00 P.M. - Council
Chambers, Civic Center. Carried by unanimous vote.
The meeting closed at 10:00 p.m.
CITY CLERK
The foregoing minutes were approved at the Regular Meeting of November
21, 1995.
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MAYOR
CITY OF NATIONAL CITY
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