HomeMy WebLinkAbout1998 07-14 CC MINBook 80/Page 178
7/14/98
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA
JULY 14, 1998
The Regular Meeting of the City Council of the City of National City was
called to order at 6:00 p.m. by Mayor Waters.
ROLL CALL
Councilmembers present: Beauchamp, Inzunza, Morrison, Zarate, Waters.
Administrative officials present: Bettencourt, Dalla, Desrochers, Eiser,
Iglesias, Kossyta, Matienzo, McCabe, Morse, Myers, Post, Ruiz, Williams.
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 Councilman Beauchamp.
APPROVAL OF MINUTES
Motion by Inzunza, seconded by Zarate, the minutes of the Regular Meeting
of June 16. 1998 be approved. Carried by unanimous vote.
Mayor Waters turned control of the meeting over to Vice Mayor Inzunza.
BOARDS AND COMMISSIONS
LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY
BOARD - APPOINTMENTS (101-1-1)
Mayor Waters recommended that Dave Greenberg fill the District
Attorney's Office representative position on the Local Law Enforcement
Block Grant Advisory Board vacated by Joan Stein. Mayor Waters also
recommended that Sandra Downs be appointed to fill the local court
representative position on the Local Law Enforcement Block Grant
Advisory Board vacated by Stephen Thunberg. .
ACTION: Motion by Zarate, seconded by Morrison, in favor of the
Mayor's recommendation. Carried by unanimous vote.
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7/14/98
BOARDS AND COMMISSIONS (continued)
City Clerk Dalla administered the Oaths of Office.
Vice Mayor Inzunza returned control of the meeting to Mayor Waters.
PUBLIC HEARING
SPECIFIC PLAN AMENDMENT - N/8TH, E/"N", W/PALM (417-1-6)
1. Public Hearing - Proposed Specific Plan Amendment for a
commercial center on the north side of 8th Street, between "N"
Avenue and Palm Avenue. Applicant: Harry Guterman, Leader
Development; Richard Binkert, Noel Development. Case File Nos.:
M 1-SP 1993-1. (Planning)
NOTE: Notice of Public Hearing and Proof of Publication are on file
in the office of the City Clerk.
RECOMMENDATION: Staff concurs with the Planning
Commission's decision.
TESTIMONY: None.
ACTION: Motion by Beauchamp, seconded by Morrison, in
favor of staffs recommendations with three added conditions:
1) the slope landscaping on the north side of the project be
planted such that it provides a protection of the view from 8th
Street to the bare slope and concurrently from the residences on
7th Street down from that area on to the roofs; 2) the barrier
between the east and west phase be removed and that parking
in the first phase include the paving of parking in the
subsequent phase: and 3) any future building sites be interimly
landscaped with perennial grass cover and trees of 15 gallons
in size or greater on 20 foot centers. Carried by unanimous
vote.
MUNICIPAL CODE 1998 (506-2-13)
2. Public Hearing to consider an Ordinance amending the National City
Municipal Code by amending Title 6 by repealing Chapter 6.38
regarding "Taxis - Vehicles for Hire" and amending Title 11 by
adding Chapter 11.70 regulating paratransit vehicles through
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7/14/98
MUNICIPAL CODE 1998 (continued)
adoption of San Diego Metropolitan Transit Development Board
(MTDB) Codified Ordinance No. 11. (City Attorney) (Refer to
Item No. 19)
NOTE: Notice of Public Hearing and Proof of Publication are on file
in the office of the City Clerk.
RECOMMENDATION: Staff recommended to hold the public
hearing.
TESTIMONY: None.
ACTION: None. (see Item #19)
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR - Item Nos. 3 through 12
(Resolution Nos. 98-73 (corrected to No. 98-74), 98-74 (corrected to No.
98-75), 98-75 (corrected to No. 98-83), 98-77, 98-78, 98-79, 98-80, 98-81,
98-82), Item No. 13 (Street Tree Committee Minutes), and Item Nos. 14
through 17 (Warrant Register Nos. 49, 50, 51 and 1). Motion by Inzunza,
seconded by Morrison, the Consent Calendar be approved. Carried by
unanimous vote.
BUDGET FY 98-99 (206-1-14)
3. Resolution No. 98-74. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY SELECTING
ANNUAL ADJUSTMENT FACTORS FOR USE IN
ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR
FISCAL YEAR 1998-99". (Finance)
ACTION: Adopted. See above.
BUDGET FY 98-99 (206-1-14)
4. Resolution No. 98-75. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ESTABLISHING THE
ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998-
99". (Finance)
ACTION: Adopted. See above.
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7/14/98
CONTRACT (C98-20)
REVENUE AND TAXATION ADMIN (205-2-1)
5. Resolution No. 98-83. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO EXECUTE AGREEMENTS WITH THE HDL
COMPANIES FOR SALES TAX AND SERVICES AND
PROPERTY TAX SERVICES.". (Finance)
ACTION: Adopted. See above.
ELECTION 1998 (505-12-1)
6. Resolution No. 98-76. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES". (City
Clerk)
ACTION: Adopted. See above.
ELECTION 1998 (505-12-1)
7. Resolution No. 98-77. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 1998, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE".
(City Clerk)
ACTION: Adopted. See above.
CONTRACT (C98-21)
SOLID WASTE/ADMIN (911-1-8)
8. Resolution No. 98-78. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO EXECUTE A SPECIAL CONTRACT PARTY
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CONTRACT (C98-21)
SOLID WASTE/ADMIN (continued)
AGREEMENT AND ACCOMPANYING MEMORANDUM OF
UNDERSTANDING WITH THE REGIONAL SOLID WASTE
ASSOCIATION". (Public Works)
ACTION: Adopted. See above.
GRANT/LAW ENFORCEMENT (302-1-2)
GRANT/DRUG SUPPRESSION IN SCHOOLS (206-4-17)
9. Resolution No. 98-79. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF
OF POLICE TO SUBMIT A SUPPRESSION OF DRUG ABUSE IN
SCHOOLS PROGRAM PROPOSAL TO THE OFFICE OF
CRIMINAL JUSTICE PLANNING AND TO EXECUTE A GRANT
AGREEMENT AND ALL RELATED OPERATIONAL
AGREEMENTS AND GRANT DOCUMENTS". (Police)
ACTION: Adopted. See above.
GRANT/LAW ENFORCEMENT (302-1-2)
GRANT/DRUG SUPPRESSION IN SCHOOLS (206-4-17)
10. Resolution No. 98-80. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY
MANAGER TO SUBMIT THE LOCAL LAW ENFORCEMENT
BLOCK GRANT APPLICATION TO THE U.S. DEPARTMENT OF
JUSTICE BUREAU OF JUSTICE ASSISTANCE AND TO SIGN
THE GRANT AWARD AGREEMENT AND ALL GRANT
RELATED DOCUMENTS". (Police)
ACTION: Adopted. See above.
CONTRACT (C97-5)
11. Resolution No. 98-81. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK
AND AUTHORIZING THE FILING OF THE NOTICE OF
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7/14/98
CONTRACT (continued)
COMPLETION FOR TRAFFIC SIGNAL INSTALLATION
ENGINEERING SPECIFICATION NO. 95-8". (Engineering)
ACTION: Adopted. See above.
CONTRACT (98-13)
COMMUNITY PROMOTION (102-1-3)
12. Resolution No. 98-82. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO EXECUTE AN APPLICATION FOR FUNDS FROM
THE SAN DIEGO UNIFIED PORT DISTRICT FOR A MUSICAL
PROGRAM TO BE HELD IN PEPPER PARK". (Parks &
Recreation)
ACTION: Adopted. See above.
STREET TREE & PARKWAY COMM ADMIN/MINUTES (101-2-2)
13. SUBJECT: Street Tree Committee Minutes. (Parks & Recreation)
ACTION: Filed. See above.
WARRANT REGISTER (202-1-12)
14. Warrant Register #49. Ratification of Demands in the amount of
$861,132.28 (Warrant Nos. 149599 through 149715 inclusive
excepting none / 104280 through 104305 inclusive). (Finance)
ACTION: Adopted. See above.
WARRANT REGISTER (202-1-12)
15. Warrant Register #50. Ratification of Demands in the amount of
$212,546.53 (Warrant Nos. 149717 through 149835 inclusive
excepting none / 104306 through 104339 inclusive) and Certification
of Payroll in the amount of $476,562.61. (Finance)
ACTION: Adopted. See above.
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7/14/98
WARRANT REGISTER (202-1-12)
16. Warrant Register #51. Ratification of Demands in the amount of
$1,128,754.46 (Warrant Nos. 149838 through 149961 inclusive
excepting none / 104340 through 104355 inclusive). (Finance)
ACTION: Adopted. See above.
WARRANT REGISTER (202-1-13)
17. Warrant Register # 1. Ratification of Demands in the amount of
$383,832.70 (Warrant Nos. 149963 through 150043 inclusive
excepting none / 104358 through 104389 inclusive) and Certification
of Payroll in the amount of $518,496.32. (Finance)
ACTION: Adopted. See above.
ORDINANCE FOR INTRODUCTION
Motion by Morrison, seconded by Zarate, the Ordinance be introduced by
title only. Carried by unanimous vote.
MUNICIPAL CODE 1998 (506-2-13)
18. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL
CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.45
REGARDING SECURITY AND FIRE ALARM SYSTEMS". (City
Attorney)
The Closed Session, scheduled at the end of the agenda, was taken up next.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Government Code Section 54956.9(a). City of
National City. Community Development Commission of the City of
National City v. State Water Resources Control Board, et al.
ACTION: Motion by Beauchamp, seconded by Zarate, to go into
Closed Session. Carried by unanimous vote.
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7/14/98
Councilmembers left the Council Chambers at 6:38 p.m.
Councilmembers returned to the Council Chambers at 7:00 p.m.
There was nothing to report.
ORDINANCE FOR ADOPTION
Motion by Morrison, seconded by Zarate, the Ordinance be adopted by title
only. Carried by unanimous vote.
MUNICIPAL CODE 1998 (506-2-13)
19. Ordinance No. 98-2148. "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE
NATIONAL CITY MUNICIPAL CODE BY REPEALING
CHAPTER 6.38 REGARDING `TAXIS - VEHICLES FOR HIRE'
AND AMENDING TITLE 11 BY ADDING CHAPTER 11.70
REGULATING PARATRANSIT VEHICLES THROUGH
ADOPTION OF SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD (MTDB) CODIFIED ORDINANCE NO.
11". (City Attorney) (Refer to Item No. 2)
NOTE: Notice of Intent to Adopt Ordinance and Proof of
Publication are on file in the office of the City Clerk.
RECOMMENDATION: Staff recommended that Council adopt the
Ordinance.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Inzunza, in favor of
Ordinance No. 98-2148. Carried by unanimous vote.
URGENCY ORDINANCE FOR ADOPTION
Motion by Zarate, seconded by Beauchamp, the Urgency Ordinance be
adopted by title only. Carried by unanimous vote.
MUNICIPAL CODE 1998 (506-2-13)
20. Urgency Ordinance No. 98-2149. "AN URGENCY ORDINANCE
OF THE CITY OF NATIONAL CITY AMENDING SECTION
11.16.010 (SPEED ZONES DESIGNATED) OF THE NATIONAL
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7/14/98
MUNICIPAL CODE 1998 (continued)
CITY MUNICIPAL CODE ESTABLISHING SPEED ZONES ON
VARIOUS STREETS". (Engineering)
RECOMMENDATION: Staff recommended that Council adopt the
Urgency Ordinance.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Beauchamp, in
favor of Urgency Ordinance No. 98-2149. Carried by
unanimous vote.
OLD BUSINESS
CONTRACT (C98-15)
REVENUE AND TAXATION ADM!N (205-2-1)
21. SUBJECT: Sewer Service Charges. (City Attorney)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: Motion by Waters, seconded by Morrison, to
continue this item until the first meeting in August. Carried by
unanimous vote.
NEW BUSINESS
NATIONAL CITY COMMUNITY CENTER (1101-5-1)
22. SUBJECT: Use of Community Center by the National City
Chamber of Commerce and the Kiwanis Club for the Salute to the
Navy Birthday luncheon on October 14, 1998, and waiver of fees.
(Public Works)
RECOMMENDATION: Staff recommended that Council authorize
use and waive fees, as requested.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Beauchamp, to
approve the request. Carried by unanimous vote.
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CITY MANAGER - No Report.
CITY ATTORNEY - No Report.
OTHER STAFF - No Report.
MAYOR
Mayor Waters read a letter from EDCO Disposal advising that they would
be distributing flyers for the upcoming Concert in the Park in each
residential recycling bin. Mayor Waters read a letter he was sending, at the
request of Councilman Beauchamp, to encourage Congress to appropriate
money for the extension of the San Diego Trolley. Mayor Waters advised
the Council that he would be meeting with other Mayors to develop a plan
to get the County to reduce the booking fees. A resolution would be on the
next agenda.
CITY COUNCIL
Councilman Morrison reported on the status of the household hazardous
waste issue and announced that EDCO Disposal had recently purchased
Mashburn Waste Systems.
PUBLIC ORAL COMMUNICATIONS
Herb Fox, 3003 National City Blvd., requested a waiver of the fees for the
Mile of Cars Landscape Maintenance District. He was advised that the
matter was not on the agenda and could not be acted on and that it was more
properly a CDC item and should be on their agenda.
Jacqueline DeGuire, 315 E. 24th Street, #101, expressed concern about the
security of Morgan Towers and suggested the possibility of a gated
community or hiring a guard to check people attempting to enter the
building.
Dan Linn, representing Plaza Center Development, expressed concern about
the proposed condition for the retaining wall on the commercial center
development on the north side of 8th Street between "N" Avenue and Palm
Avenue (Item No. 1 Public Hearing). Mr. Linn requested that there be some
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PUBLIC ORAL COMMUNICATIONS (continued)
latitude in dealing with the problems presented by the wall. City Engineer
Myers indicated that if the applicant retained a good engineer who came in
with a good design which could stabilize the slope and support the existing
wall, it would be considered.
CLOSED SESSION
(This item was taken up at beginning of agenda --see above.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Government Code Section 54956.9(a). City of
National City. Community Development Commission of the City of
National City v. State Water Resources Control Board, et al.
ADJOURNMENT
Motion by Beauchamp, seconded by Zarate, the meeting be adjourned to the
Next Regular City Council Meeting - July 21. 1998 - at 3:00 p.m. - Council
Chambers, Civic Center. Carried by unanimous vote.
The meeting closed at 8:55 p.m.
The foregoing minutes were approved at the Regular Meeting of July 28,
1998.
MAYOR
CITY OF NATIONAL CITY
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