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HomeMy WebLinkAbout1996 11-12 CC MINBook 78/Page 392 11/12/96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 12,1996 The Regular Meeting of the City Council of the City of National City was called to order at 6:01 p.m. by Mayor Waters. ROLL CALL Council members present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Eiser, Morse, Myers, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by Assistant City Manager Park Morse, followed by the invocation by Vice Mayor Zarate. APPROVAL OF MINUTES Motion by Inzunza, seconded by Morrison, the Minutes of Regular Meeting of October 22, 1996 be approved. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution No. 96-156 through 96-159). Motion by Inzunza, seconded by Beauchamp, the Consent Resolutions be adopted by title only. Carried by unanimous vote. CONTRACT (C92-29) 1. Resolution No. 96-156. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE - PURCHASE AGREEMENT WITH HONEYWELL, INC." (Public Works) ACTION: Adopted. See above. Book 78/Page 393 11/12/96 CONTRACT (C96-21) 2. Resolution No. 96-157. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION, AND APPROVAL OF CHANGE ORDER NO. 1 FOR THE MISCELLANEOUS STORM DRAIN IMPROVEMENTS AT VARIOUS LOCATIONS. (ENGINEERING SPECIFICATION NO. 96-7)." (Engineering) ACTION: Adopted. See above. DEEDS & EASEMENTS (D96-7) 3. Resolution No. 96-158. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE TRANSFER OF REAL PROPERTY OWNED BY THE CITY (A.P.N. 557-400-19) TO ABEL F. AND MARIA ARANZUBIA." (Engineering) ACTION: Adopted. See above. SOLID WASTE/ADMIN (911-1-8) 4. Resolution No. 96-159. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER APPROVAL OF THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT SUMMARY PLAN AND COUNTYWIDE SITING ELEMENT." (Public Works) ACTION: Adopted. See above. ORDINANCES FOR INTRODUCTION Motion by Morrison, seconded by Inzunza, the Ordinances be introduced by title only. Carried by unanimous vote. Book 78/Page 394 11/12/96 ORDINANCES FOR INTRODUCTION (continued) MUNICIPAL CODE 1996 (506-2-11) 5. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REVISING THE METHOD FOR ESTABLISHING SEWER SERVICE FEES, AND ESTABLISHING NEW FEES." (Public Works) TESTIMONY: Robert Pinnegay, 2727 Camino del Rio South, #327, San Diego, representing the San Diego County Apartment Association, spoke in support of the proposed ordinance. MUNICIPAL CODE 1996 (506-2-11) 6. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 9.06.115 TO THE NATIONAL CITY MUNICIPAL CODE, RELATING TO THE REGULATION OF ICE CREAM TRUCKS". (Engineering) TESTIMONY: Consensus of the Council was to have staff bring back a report on existing regulation for push -cart vendors. Mayor Waters deviated from the Agenda and introduced County Supervisor Greg Cox who congratulated Council Members Inzunza and Morrison on their re-election and City Clerk -Elect Dalla, commended the City for having the highest percentage vote on Proposition A, indicating the priority libraries hold in our City and then provided an update on the County Board of Supervisors recent action on solid waste issues (handout provided, copy on file in the Office of the City Clerk). Supervisor Cox then responded to questions of the Council. ORDINANCES FOR ADOPTION Motion by Inzunza, seconded by Zarate, the Ordinance be adopted by title only. Carried by unanimous vote. Book 78/Page 395 11/12/96 ORDINANCES FOR ADOPTION (continued) MUNICIPAL CODE 1996 (506-2-11) 7. Ordinance No. 96-2125. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 10.22.060 TO THE NATIONAL CITY MUNICIPAL CODE, RELATING TO MAINTENANCE OF TELEPHONE BOOTHS OR ENCLOSURES." (City Attorney) RECOMMENDATION: Staff recommended that Council enact the ordinance. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, Ordinance No. 96-2125 be adopted. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTER (202-1-11) 8. Warrant Register #17. Ratification of Demands in the amount of $361,631.35 (Warrant Nos. 140856 through 140964 inclusive excepting none). (Finance) RECOMMENDATION: Staff recommended ratification of these warrants. TESTIMONY: None. 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. WARRANT REGISTER (202-1-11) 9. Warrant Register #18. Ratification of Demands in the amount of $365.772.76 (Warrant Nos. 140966 through 141046 inclusive excepting none) and Certification of Payroll in the amount of $454.740.80. (Finance) RECOMMENDATION: Staff recommended ratification of these warrants. Book 78/Page 396 11/12/96 WARRANT REGISTER (continued) TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of the Ratification of Demands and Certification of Payroll. Warrants carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. Absent: None. WARRANT REGISTER (202-1-11) 10. Warrant Register # 18. Ratification of Demands in the amount of $88,932.36 (Warrant Nos. 141048 through 141127 inclusive excepting 141119). (Finance) RECOMMENDATION: Staff recommended ratification of these warrants. TESTIMONY: None. 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. STREET TREE COMMITTEE (101-2-2) 11. SUBJECT: Street Tree Committee Minutes. (Parks & Recreation) RECOMMENDATION: Staff recommended that Council approve the Minutes. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, the Minutes be accepted and filed. No objection as filed. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 12. SUBJECT: Request by the Samoan Community Council of San Diego to use the Community Building and waiver of fees. (Public Works) RECOMMENDATION: Staff requested a Council decision on the use of the facility and the waiver of fees, subject to provision of insurance acceptable to the Risk Manager. Book 78/Page 397 11/12/96 NATIONAL CITY COMMUNITY CENTER (continued) TESTIMONY: Everett Dickson, 2745 E. 14th Street, National City, spoke in opposition to the request for waiver of fees. ACTION: Motion by Morrison, seconded by Beauchamp, IQ allow the proposed use, but deny the requested waiver of fees Carried by unanimous vote. CONDITIONAL USE PERMITS 1996 (403-11-1) 13. SUBJECT: Notice of Decision - Planning Commission Resolution No. 19-96 approving a Conditional Use Permit for a Head Start Program at 521 E. 8th Street. Applicant: Episcopal Community Services, South Bay Head Start. Case File No.: CUP-1996-6. (Planning) 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 Inzunza, seconded by Zarate, the Notice of Decision be accepted and filed. No objection as filed. CONDITIONAL USE PERMITS 1995 (403-10-17) 14. SUBJECT: Notice of Decision - Planning Commission Resolution No. 20-96 approving a Conditional Use Permit modification of Conditional Use Permit-1995-6 to allow solid wood fencing in lieu of a block wall along the westerly property line of the Church at 616 E. 8th Street. . Case File No.: M1-CUP-1995-6. Applicant: Filipino Bible Baptist Church. (Planning) RECOMMENDATION: Staff concurred with the Planning Commission decision to approve the application, and recommended that the Notice of Decision be filed. NOTE: Councilman Beauchamp stated he would be abstaining on this item as the church currently rents space in the church at which he serves on the board. Book 78/Page 398 11/12/96 CONDITIONAL USE PERMITS 1995 (continued) TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, the Notice of Decision be accepted and filed. No objection as filed. Abstaining: Beauchamp. CONDITIONAL USE PERMITS 1996 (403-11-1) 15. SUBJECT: Notice of Decision - Planning Commission Resolution No. 21-96 approving a Conditional Use Permit for a second dwelling unit at 1504 E. First Street. Case File No.: CUP-1996-10. Applicant: Esperanza Ruiz. (Planning) RECOMMENDATION: Staff concurred with the Planning Commission decision to approve the application, and recommended that the Notice of Decision be filed. NOTE: Morrison requested plot plan maps be included on future like items. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, the Notice of Decision be accepted and filed. No objection as filed. CONDITIONAL USE PERMITS 1996 (403-11-1) 16. SUBJECT: Notice of Decision - Planning Commission Resolution No. 22-96 approving a Conditional Use Permit for a cellular communications facility at 3030 Plaza Bonita Road. Case File No.: CUP-1996-7. Applicant: Pacific Bell Mobile Services. (Planning) 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 Inzunza, seconded by Morrison, the Notice of Decision be accepted and filed. No objection as filed. Book 78/Page 399 11/12/96 CONDITIONAL USE PERMITS 1996 (403-11-1) 17. SUBJECT: Notice of Decision - Planning Commission Resolution No. 18-96 approving a Conditional Use Permit for a cellular communications facility at 2400 East 4th Street. Applicant: AT&T Wireless Services. Case File No.: CUP-1996-4. (Planning) 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, the Notice of Decision be accepted and filed. No objection as filed. CONDITIONAL USE PERMITS 1996 (403-11-1) 18. SUBJECT: Notice of Decision - Planning Commission Resolution No. 19-96 approving a Conditional Use Permit for a cellular communications facility at 3007 Highland Avenue. Applicant: Pacific Bell Mobile Services. Case File No.: CUP-1996-6. (Planning) 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 Zarate, the. Notice of Decision be accepted and filed. No objection as filed. CONDITIONAL USE PERMITS 1996 (403-11-1) 19. SUBJECT: Notice of Decision - Planning Commission Resolution No. 19-96 denying a Conditional Use Permit for church related uses at 3142 Plaza Boulevard, Suites J, T, P and O. Case File No.: CUP- 1996-11. Applicant: New Covenant Tabernacle Church. (Planning) RECOMMENDATION: Staff concurred with the Planning Commission decision to deny the application, and recommended that the Notice of Decision be filed. Book 78/Page 400 11/12/96 CONDITIONAL USE PERMITS 1996 (continued) NOTE: Planning Director Post stated that an appeal had been filed on this item so it would be set for a public hearing. TESTIMONY: None. ACTION: See note above. ASSISTANT CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor waters thanked the Police Chief for taking care of the problems at Roosevelt and Main, as he understood 13 arrests had been made. CITY COUNCIL COUNCIL MEETINGS REGS/SCH ADMIN 20. SUBJECT: Request for City Council Workshop on garage conversions. (Councilman Inzunza) ACTION: Consensus of the Council was to schedule a workshop for the second week in January. Councilman Beauchamp expressed a concern for the need to have someone on staff on call to fix the traffic signals when they go on the blink. PUBLIC ORAL COMMUNICATIONS Julie Swan -Villanueva, Executive Director of the National City Chamber of Commerce, 711 A Avenue, National City, requested the Council consider spending $2,500. for a float for the Holiday Bowl Parade. COMMUNITY PROMOTION (102-1-3) ACTION: Motion by Inzunza, seconded by Beauchamp, to bring the topic onto the agenda as the need to take action arose after the posting of the Agenda. Carried by unanimous vote. Book 78/Page 401 11/12/96 COMMUNITY PROMOTION (continued) General discussion ensued. ACTION: Consensus of the Council was to bring the item back on next weeks agenda for review of additional information, background and proposed contract, scope of services etc. Richard Sherman, 1236 E. 16th Street, National City, invited all present to attend the Toys for Tot's car show, sponsored by the San Diego Lowrider Association, Sunday from 11 a.m. to 4 p.m. in Kimball Park. To enter the event you must donate a toy or pay $5. Everett Dickson, 2745 E. 14th Street, National City, expressed concerns with the new houses on Euclid and 13th Street which had the fence removed which holds up the hillside, congratulated Councilman Inzunza and Councilman Beauchamp for bringing up the issue of illegal garage conversions and inquired as to whether Public Works Director Williams was trying to freeze everyone out of the council Chambers. CLOSED SESSIONS Conference with Legal Counsel - Pending Litigation - Government Code Section 54956.9(a). Thrifty Oil Company v. City of National City. Conference with Legal Counsel -Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b). (One potential case.) ACTION: Motion by Inzunza, seconded by Zarate, in favor of holding the Closed Sessions under Government Code Sections 54956.9(a) and (b). Carried by unanimous vote. Book 78/Page 402 11/12/96 CLOSED SESSIONS (continued) Council Members left the Council Chambers at 8:10 p.m. Council Members returned to the Council Chambers at 9:13 p.m. ROLL CALL Council Members present: Beauchamp, Inzunza, Morrison, Zarate, Waters. CLOSED SESSION REPORTS (501-3-5) City Attorney Eiser reported on Thrifty Oil Company v. City of National City as follows: That the closed session was held for pending litigation under Government Code Section 54956.9(a); that the subject of the closed session was to consider the plaintiff's settlement offer; that the settlement offer was rejected by the City Council; and that the action was unanimous. ADJOURNMENT Motion by Morrison, seconded by Zarate, to adjourn to the next Regular City Council Meeting - November 19, 1996 - 3:00 P.M. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 9:14 p.m. CITY CLERK The foregoing minutes were approved at the Regular Meeting of November 19, 1996. 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.