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HomeMy WebLinkAbout1996 11-26 CC MINBook 78/Page 412 11/26/96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 26,1996 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: Daniels, Eiser, McCabe, Morse, Myers, Post. 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 NOTE: Vice Mayor Zarate asked that the minutes of the November 19th meeting be corrected to show that she abstained on Item No. 3, dealing with the sewer fees. Motion by Inzunza, seconded by Morrison the Minutes of Regular Meeting of November 19, 1996 be approved with that correction. Carried by unanimous vote. PROCLAMATIONS (102-2-1) Motion by Zarate seconded by Inzunza, the Proclamations be read in their entirety. Carried by unanimous vote. Book 78/Page 413 11/26/96 PROCLAMATIONS (continued) The Proclamation proclaiming November 26, 1996 in memory of: "JOHN P. MENDEZ" was read aloud in its entirety by Mayor Waters, who then introduced Mrs. Mendez and presented her with the proclamation. The Proclamation proclaiming December 1-7, 1996 to be: "HOME CARE WEEK" was read aloud in its entirety by Mayor Waters, who then gave it to the City Manager for proper distribution. The Proclamation proclaiming the remaining holiday months of 1996 and all of 1997 as: "BUCKLE UP FOR LIFE CHALLENGE" was read aloud in its entirety by Mayor Waters, who then gave it to the City Manager for distribution. BOARDS & COMMISSIONS INTERVIEWS AND APPOINTMENTS PORT COMMISSION/COMMISSIONER APPT (101-18-1) Mayor Waters turned control of the meeting over to Vice Mayor Zarate who stated that Mayor Waters had recommended that Jess Van Deventer be re- appointed to the Port Commission for a term ending January 2, 2001. ACTION: Motion by Inzunza, seconded by Waters, in favor of the Mayyor's recommendation to re -appoint Jess Van Deventer for another term. Carried by unanimous vote. Port Commission Chairman Van Deventer thanked the Council and gave an update on Port projects in National City. TRAFFIC SAFETY COMMITTEE ADMIN (101-4-1) Mayor Waters had also recommended that Mr. Everett Dickson, 2735 E. 14th Street, National City, and Mr. James A. Boyer Sr., 1940 "C" Avenue, National City, both be re -appointed to the Traffic Safety Committee for terms ending December 31, 1998. ACTION: Motion by Inzunza, seconded by Morrison, ID favor of the Mayor's recommendation to re -appoint Mr. Dickson and Mr. Boyer, Sr. for terms ending December 31, 1998. Carried by unanimous vote. Book 78/Page 414 11/26/96 INTERVIEWS AND APPOINTMENTS (continued) The Oath of Office was administered by Acting Assistant to the City Clerk Daniels. Vice Mayor Zarate turned the meeting over to Mayor Waters. PUBLIC HEARINGS CONDITIONAL USE PERMITS 1996 (403-11-1) 1. SUBJECT: Public Hearing - Appeal of Planning Commission denial of a Conditional Use Permit for church related uses at 3142 Plaza Boulevard, Suites J, T, P, and Q. Applicant: New Covenant Tabernacle Church. Case File No. CUP-1996-11. NOTE: Notice of Public Hearing and Proof of Publication are on file in the office of the City Clerk. RECOMMENDATION: Staff concurred with the Planning Commission decision to deny the application, and recommended that the appeal be denied. NOTE: Councilman Morrison stated that he would be abstaining from voting or discussing the matter on the advice of the City Attorney since his home is within 200 feet of the church facility. TESTIMONY: The following individuals spoke in favor of the appeal: Pastor John Sorrentino, 26 Admiralty Cross, Coronado. Margaret and Patricia Hirschy, 2314 E. 13th Street, National City. Patricia Assero, 2113 Beta Street, National City. Dick Fialho, representing the property owner, 438 Camino del Rio South, #203, National City. Belinda Vega, 1838 E. 9th Street, National City. Deborah Arce, 100 Woodlawn #87, Chula Vista. John Sorrentino, 5794 Cumberland Street, San Diego. James and Helen Mattes, 3131 Valley Road, National City. No one spoke in opposition. Mayor Waters declared the public hearing closed. Book 78/Page 415 11/26/96 CONDITIONAL USE PERMITS 1996 (continued) Pastor Sorrentino was asked if he understood and approved the conditions of approval by the City and if he would work with a neighboring business in resolving a meeting conflict. The Pastor agreed with the conditions and promised he would work with the business. ACTION: Motion by Zarate, seconded by Inzunza, in favor of granting the Conditional Use Permit. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Zarate, Waters. Nays: None. Abstaining: Morrison. Absent: None. Mayor Waters declared a recess. Council Members left the Council Chambers at 7:05 p.m. Council Members returned to the Council Chambers at 7:08 p.m. ROLL CALL Council Members present: Beauchamp, Inzunza, Zarate, Waters. Absent: Morrison. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution No. 96-162 through 96-165). Motion by Beauchamp, seconded by Inzunza, 111Q Consent Resolutions be adopted by title only. Carried by unanimous vote. Absent: Morrison. ABATEMENT WEED (402-2-1) 2. Resolution No. 96-162. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SETTING PUBLIC HEARING FOR THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR CLEANUP OF PROPERTY AT 2917 "L" AVENUE." (Public Works) ACTION: Adopted with a correction by the City Attorney that the Public Hearing Date is December 10, 1996. See above. Book 78/Page 416 11/26/96 PARKING ADMIN 1996 (801-2-16) 3. Resolution No. 96-163. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF ONE ON -STREET HANDICAPPED PARKING SPACE AT 2002 GRANGER AVENUE, NATIONAL CITY." (Engineering) ACTION: Adopted. See above. PARKING ADMIN 1996 (801-2-16) 4. Resolution No. 96-164. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A CHANGE IN THE PARKING TIME LIMIT IN THE AREA OF 137 TO 143 NATIONAL CITY BOULEVARD FROM 30 MINUTES TO ONE HOUR." (Engineering) ACTION: Adopted. See above. COMMUNITY PROMOTION (102-1-3)/CONTRACT (C96-37) 5. Resolution No. 96-165. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GREEN FLOAT COMPANY TO FURNISH A FLOAT FOR NATIONAL CITY'S ENTRY IN THE HOLIDAY BOWL PARADE." (City Attorney) ACTION: Adopted. See above. ORDINANCES FOR ADOPTION Motion by Zarate, seconded by Mayor Waters, the Ordinance be adopted by title only. Carried by unanimous vote. Absent Morrison. 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) RECOMMENDATION: Staff recommended that Council adopt the ordinance. Book 78/Page 417 11/26/96 MUNICIPAL CODE 1996 (continued) TESTIMONY: Jared Pollard, 540 E. 2nd St., thanked the City Staff for their professionalism and hard work on the Ordinance. Louise Martin, 1527 E 15th Street, National City, concurred with Councilman Beauchamp's concern about the noise made by ice cream trucks during church services. ACTION: Motion by Zarate, seconded by Waters, in favor of Ordinance No. 96-2127 and that staff come back with additional recommendations to deal with the problem of noise. Carried by unanimous vote. Absent: Morrison. NEW BUSINESS WARRANT REGISTER (202-1-11) 7. Warrant Register #21. Ratification of Demands in the amount of $366,692.77 (Warrant Nos. 141226 through 141350 inclusive excepting none). (Finance) RECOMMENDATION: Staff recommended ratification of these warrants. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, in favor of the Ratification of Demands. Carried by the following vote, to - wit: Ayes: Beauchamp, Inzunza, Zarate, Waters. Nays: None. Abstaining: None. Absent: Morrison. HIGHWAY/FREEWAY SIGNS (803-6-1) 8. SUBJECT: Report on freeway oriented signs. (Planning) RECOMMENDATION: Staff recommended that Council consider the information provided in the report and provide direction. TESTIMONY: Planning Director Post gave a brief verbal summary of the report. ACTION: Mayor Waters thanked Planning Director Post for his report. No action taken. Book 78/Page 418 11/26/96 CLAIM (501-1-127) 9. SUBJECT: Claim for Damages: Clarence Wright. (City Clerk) RECOMMENDATION: Staff recommended that the claim be denied and referred to the City Attorney. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, the claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent Morrison. CITY MANAGER City Manager McCabe reminded the Council and public that City Hall would be closed on Thursday and Friday for the Thanksgiving Holiday. CITY ATTORNEY City Attorney Eiser reported that the City Manager had just received a letter from the City of San Diego regarding the Metro Sewer System. The letter raised some significant issues that needed to be discussed by the City Council prior to December 1, 1996. Since the matter arose after the posting of the agenda he recommended a closed session under Section 54956.9(a) of the Government Code, Pending Litigation. OTHER STAFF - No Report. MAYOR - No Report. CITY COUNCIL Councilman Beauchamp thanked Councilman Inzunza and Vice Mayor Zarate for their participation at the "Glory and Praise" Thanksgiving Service last night at Paradise Valley Hospital. He also acknowledged the efforts of the teachers at Sweetwater High School who put up their own money to buy food and other items for people in need and then distributed them in a very thoughtful and sensitive way. Book 78/Page 419 11/26/96 PUBLIC ORAL COMMUNICATIONS Paco Barajas, 2205 Van Ness Street, National City, asked the Council to look into a situation on his street. There is a house that does not have any services connected. It attracts transients who stay there with the approval of the resident of the property. City Manager McCabe advised Mr. Barajas the City would look into the situation and take appropriate action. CLOSED SESSION City Attorney Eiser recommended a closed session under Section 54956.9(a) of the Government Code for Pending Litigation. ACTION: Motion by Zarate, seconded by Inzunza, to bring the matter on the agenda, as the need to take action arose after the posting of the Agenda. Carried by unanimous vote. Absent: Morrison. Motion by Inzunza, seconded by Zarate, in favor of holding the closed session under Government Code Section 54956.9(a). Carried by unanimous vote. Absent: Morrison. Council Members left the Council Chambers at 7:38 p.m. Council Members returned to the Council Chambers at 7:55 p.m. ROLL CALL Council Members present: Beauchamp, Inzunza, Zarate, Waters. Absent: Morrison. CLOSED SESSION REPORTS (501-3-5) City Attorney Eiser reported on the Closed Session 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. Absent: Morrison. Book 78/Page 420 11/26/96 ADJOURNMENT Motion by Inzunza, seconded by Zarate, to dismiss with the 3:00 p.m. Regular City Council Meeting of December 3, 1996 and adjourn to an Adjourned City Council Meeting - December 3, 1996 - 6:00 P.M. - Council Chambers, Civic Center. Carried by unanimous vote. Absent: Morrison. The meeting closed at 7:58 p.m. l',,- 0,„,P,,,,pk„ CITY CLERK The foregoing minutes were approved at the Regular Meeting of December 10, 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.