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.