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HomeMy WebLinkAbout1996 11-19 CC MINBook 78/Page 403 11/19/96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 19, 1996 The Regular Meeting of the City Council of the City of National City was called to order at 3:00 p.m. by Mayor Waters. ROLL CALL Council members present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Eiser, McCabe, Morse, Myers, Peoples, Post. Vice Mayor Zarate left the Council Chambers at 3:01 p.m. Mayor Waters stated that he had attended a Thanksgiving Dinner with the seniors and thanked the National City Firefighters for participating and doing the dishes and clean up. Vice Mayor Zarate returned to the Council Chambers at 3:02 p.m. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by City Manager Tom McCabe, followed by the invocation by Vice Mayor Zarate. APPROVAL OF MINUTES Motion by Morrison, seconded by Inzunza, the Minutes of Regular Meeting of November 12, 1996 and the Special Meeting of November 12, 1996 be approved. Carried by unanimous vote. Book 78/Page 404 11/19/96 PRESENTATIONS PERS/NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters requested that Police Chief DeCerchio introduce his new employees: Susan Moody/Police Dispatcher, April Murillo/Police Services Officer and Jeffrey Meeks/Police Officer. The new employees stood and were recognized by those present. PROCLAMATIONS (102-2-1) Motion by Morrison, seconded by Inzunza, the Proclamation be read in its entirety. Carried by unanimous vote. Councilman Morrison left the Council Chambers at 3:09 p.m. Councilman Morrison returned to the Council Chambers at 3:10 p.m. The Proclamation proclaiming November 21, 1996 to be: "EDUCATION DAY" was read in its entirety by Mayor Waters, who then gave it to the City Manager for distribution. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution No. 96-160 through 96-161). Motion by Beauchamp, seconded by Zarate, the Consent Resolutions be adopted by title only. Carried by unanimous vote. CONTRACT (C94-28) 1. Resolution No. 96-160. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO RETURN PROGRAM SUPPLEMENT NO. 019 TO STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. 11-5066 WITH CALTRANS, FOR ITS PARTICIPATION IN THE PRELIMINARY ENGINEERING AND RIGHT-OF-WAY COSTS FOR THE REPLACEMENT OF THE NATIONAL CITY BOULEVARD BRIDGE AT SWEETWATER RIVER." (Engineering) ACTION: Adopted. See above. Book 78/Page 405 11/19/96 CONTRACT (C96-36) 2. Resolution No. 96-161. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING COLONIAL FORD THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH COLONIAL FORD FOR THE PURCHASE OF FOUR FORD CROWN VICTORIA POLICE INTERCEPTORS." (Purchasing) ACTION: Adopted. See above. ORDINANCES FOR ADOPTION Motion by Morrison, seconded by Zarate, the Ordinances be adopted by title only. Carried by unanimous vote. MUNICIPAL CODE 1996 (506-2-11) SEWER CAPACITY/FEES ADMIN (906-1-4) 3. "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) RECOMMENDATION: Staff recommended that Council adopt the ordinance. TESTIMONY: John Kirk, 311 E. 2nd Street, National City spoke in opposition. Richard Foley, 2727 Camino del Rio South, Suite 327, representing the San Diego County Apartment Association, spoke in support. Frank Chennelle, 3025 Plaza Blvd., National City, expressed his opinion on the item. Forrest Rustad and Ida Rustad, 2101 Grove Street, National City, spoke in opposition. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition. NOTE: Vice Mayor Zarate stated that she would be abstaining on this item, as she owns an apartment complex. Book 78/Page 406 11/19/96 SEWER CAPACITY/FEES ADMIN (continued) ACTION: Motion by Inzunza, seconded by Morrison, a Public Hearing be scheduled in February in the Community Center and a workshop to be held prior to the Public Hearing, to be noticed in the sewer bill. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Morrison, Waters. Nays: None. Abstaining: Zarate. Absent: None. URGENCY ORDINANCE/MUNICIPAL CODE 1996 (506-2-11) 4. Ordinance No. 96-2126. "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON SMALL BUSINESS ESTABLISHMENTS ENGAGED IN THE SALE OF ALCOHOLIC BEVERAGES FOR OFF -PREMISES CONSUMPTION." (City Attorney) RECOMMENDATION: Staff recommended that Council adopt the ordinance. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Beauchamp, in favor of the introduction and adoption of Urgency Ordinance No. 96-2126 by title only. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTER (202-1-11) 5. Warrant Register #20. Ratification of Demands in the amount of $424,860.54 (Warrant Nos. 141129 through 141224 inclusive excepting none) and Certification of Payroll in the amount of $429,159.52. (Finance) RECOMMENDATION: Staff recommended ratification of these warrants. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, 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. Book 78/Page 407 11/19/96 FINANCIAL MANAGEMENT 1996 (204-1-11) 6. SUBJECT: Consolidated Cash and Investment Report as of September 30, 1996. (Finance) RECOMMENDATION: Staff recommended that the report be accepted and filed. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, the report be accepted and filed. No objection as filed. FINANCIAL MANAGEMENT 1996 (204-1-11) 7. SUBJECT: Consolidated Cash and Investment Report as of October 31, 1996. (Finance) RECOMMENDATION: Staff recommended that the report be accepted and filed. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, th report be accepted and filed. No objection as filed. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 8. SUBJECT: Request for use of the Community Building by Sweetwater High's Marine Corps Junior Reserve Officers Training Corps (MCJROTC) for a parents night pot lock for 300 attendees on 30 May 1997 and waiver of fees. (Public Works) RECOMMENDATION: Staff requested Council decision on the waiver of fees. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Beauchamp, in favor of the request, with a wavier of fees. Carried by unanimous vote. COMMUNITY PROMOTION (102-1-3) 9. SUBJECT: Proposed entry of City float into Holiday Bowl Parade on December 30, 1996. (City Manager) RECOMMENDATION: Staff requested Council direction. Book 78/Page 408 11/19/96 COMMUNITY PROMOTION (continued) TESTIMONY: Julie Swan Villanueva, Executive Director of the National City Chamber of Commerce, 711 A Avenue, National City, spoke in favor and provided copies of draft contract. ACTION: Motion by Zarate, seconded by Inzunza, to go forward with CDC paying half of the cost and Assistant City Manager Park Morse to be the coordinator for the City. Carried by unanimous vote. CLAIM (501-1-127) 10. SUBJECT: Claim for Damages: Joe Palacios. (City Clerk) RECOMMENDATION: Staff recommended that the claim be denied and referred to the City Attorney. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, the claim be denied and referred to the City Attorney. Carried by unanimous vote. CITY MANAGER- No Report. CITY ATTORNEY POLITICAL SUPPORT (102-4-1) 11. SUBJECT: Consider joining Amicus Curiae Briefs in 1) Metropolitan Water District of Southern California v. Domenigoni; 2) Roman Catholic Archbishop of San Francisco v. City of San Mateo; 3) East Bay Asian Local Development Corp. v State of California; 4) Howard Jarvis Taxpayers Assn. v City of La Habra. (City Attorney) RECOMMENDATION: Staff recommended that Council authorize joining amicus curiae briefs. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Inzunza, in favor. Carried by unanimous vote. OTHER STAFF- No report. Book 78/Page 409 11/19/96 MAYOR Mayor Waters stated that the normal 3:00 p.m. City Council meeting on December 3rd will begin at 6:00 p.m. in order to accommodate the installation of newly- elected city representatives. CITY COUNCIL Vice Mayor Zarate requested that City Attorney Eiser attend a meeting with the County of San Diego regarding gun control and bring back a report on actions taken and a resolution of support. Mayor Waters stated that he and Coucilman Inzunza had attended a meeting with Senator Boxer, who requested resolutions from cities in support of federal legislation on Saturday night specials. Vice Mayor Zarate suggested that all elected officials attend the Thursday, 5:30 - 7:00 p.m., Chamber Mixer at the Union Bank in celebration of their re -dedication; and then had Assistant City Manager Morse provide a brief verbal update on the electricity de -regulation. Councilman Morrison stated that the Trash Haul Day was highly successful. Councilman Beauchamp stated that he would be attending the San Diego Mayor's Installation Ceremony. PUBLIC ORAL COMMUNICATIONS John Kirk, 311 E. 2nd Street, National City, thanked the Council for scheduling a Public Hearing on the Sewer Fee item. Richard Sherman, 1236 E. 16th Street, National City, representing the Low Rider Council, thanked the Council and public for their support of the toy drive. Cecilia Kirk, 311 E. 2nd Street, National City, thanked the Mayor and City Attorney for their support in Partners for Prevention. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke regarding the biannual clean-up day. Book 78/Page 410 11/19/96 CLOSED SESSIONS Conference with Legal Counsel - Pending Litigation - Government Code Section 54956.9(a). 1) Metro Sewer Dispute with City of San Diego. 2) City of National City v. State Water Resources Control Board, et. al. ACTION: Motion by Morrison, seconded by Zarate, in favor of holding the Closed Sessions under Government Code Section 54956.9(a). Carried by unanimous vote. Council Members left the Council Chambers at 4:55 p.m. Council Members returned to the Council Chambers at 6:07 p.m. ROLL CALL Council Members present: Beauchamp, Inzunza, Zarate, Waters. Absent: Morrison. CLOSED SESSION REPORTS (501-3-5) City Attorney Eiser reported on Closed Session Number 1, Metro Sewer Dispute with City of San Diego as follows: That the closed session was a conference with legal counsel for pending litigation under Government Code Section 54956.9(a); the subject of the closed session was to consider the Principles of Understanding dated November 6, 1996; the action of the City Council was to approve the Principles of Understanding; and that the action was unanimous. ADJOURNMENT Motion by Inzunza, seconded by Beauchamp, to adjourn to the next Regular City Council Meeting - November 26, 1996 - 6:00 P.M. - Council Chambers, Civic Center. Carried by unanimous vote. Absent: Morrison. ADJOURNMENT (continued) The meeting closed at 6:09 p.m. Book 78/Page 411 11/19/96 r CITY CLE The foregoing minutes were approved at the Regular Meeting of November 26, 1996. 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.