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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. Book 80/Page 179 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 Book 80/Page 180 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. Book 80/Page 181 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 Book 80/Page 182 7/14/98 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 Book 80/Page 183 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. Book 80/Page 184 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. Book 80/Page 185 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 Book 80/Page 186 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. Book 80/Page 187 7/14/98 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 Book 80/Page 188 7/14/98 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 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.