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HomeMy WebLinkAbout1993 01-12 CC MINBook 75/Page 1 01/12/93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 12, 1993 The Regular Meeting of the City Council of the City of National City was called to.order at 7:01 p.m. by Mayor Waters. ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Bolint, Eiser, McCabe, Myers, Peoples, Post. 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 Vice Mayor Dalla. APPROVAL OF MINUTES Motion by Inzunza, seconded by Dalla, the Minutes of the Regular Meeting of December 22, 1992 be approved. Carried by unanimous vote. PROCLAMATIONS Motion by Dalla, seconded by Zarate, the Proclamation be read in its entirety. Carried by unanimous vote. The Proclamation proclaiming the month of January, 1993 to be "WATERSHED PROTECTION MONTH" was read aloud in full by Mayor Waters. Libby Lucas, representing the Environmental Health Coalition accepted the Proclamation and explained their goals. Ms. Lucas then introduced students Cynthia Francisco (Ira Harbison School), Jose Rodriguez (Otis School), Crystal Gonzalez (Las Palmas School) and Angelica Mendez (Central School), who were the winners of a Watershed Protection poster contest. Mayor Waters presented City flags and a gold pin with the City Seal to each of the students and representatives. Libby then introduced Clint Taylor, Curriculum Coordinator of the National School District who made a brief verbal presentation on the School District's point of view. National City Port Commissioner Jess Van Deventer was then introduced and spoke regarding the Port's support of the project. Mayor Waters deviated from the Agenda and stated for the record that the scheduled opening for the new Police Department facility would be Wednesday, February 3, 1993 at 4:00 p.m. Tours for the public would be provided at that time. Book 75/Page 2 01/12/93 Mayor Waters then introduced Congressman Bob Filner, who stated that he was looking forward to working with the City and advised which committees he would be serving on and his commitment to positive action for the City and South Bay. Further, he stated that he would report to the City Council and Staff on a regular basis. BOARDS AND COMMISSIONS SISTER -CITY COMMITTEE Mayor Waters read into the record a list (copy on file in the Office of the City Clerk) submitted by Al Alvarado, of the following people interested in serving on the Sister - City Committee: Al Alvarado, Rosalie Alvarado, Consuelo Rubio, Ruben Rubio, Jesse E. Van Deventer, Sharon Van Deventer, Linda Hart, John Kirk, and Mr. & Mrs. Darrell Holmes. As Mr. Alvarado was not yet present, consensus of the Council was to hold this item over pending Mr. Alvarado's arrival and presentation. PUBLIC HEARINGS ZONING 1993 1. SUBJECT: Public Hearing - Proposed Amendment to Title 18 (Zoning) of the National City Municipal Code regarding the sale of food items, sundries, and beverages with no limit regarding sales, display and storage area. (Applicant: Misad Saadeh, USA Mobil Service Center, Inc.) (Case File No. A-1992-6). 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 recommendation that the proposed amendment be denied, based on the following findings: 1) That the amendment to the Municipal Code to allow convenience stores in combination with gasoline service stations is not consistent with the General Plan policies which encourage new development to be the most appropriate to the needs of the community, and to enhance and compliment the surrounding areas. Existing retail development is available for locating new convenience stores. 2) The amendment could result in the concurrent sale of gasoline and alcoholic beverages, which could encourage individuals to drink and drive. TESTIMONY: Ralph Hughes, 1104 Manchester Street, National City, representing the Chamber of Commerce, spoke in support of the proposed amendment. Misad Saadeh, owner of USA Mobil Service Center, Inc., 2945 Highland Avenue, National City, spoke in support. Michael Abdou, 404 W. 24th Street, National City, spoke in support. Ralph Estrada, 3858 Franklin Avenue, San Diego, Victory Outreach Organization, spoke in support of the amendment. Edith Hughes, 1104 Manchester Street, National City, Executive Director of the Chamber of Commerce, spoke in support of the amendment. Salim Adili, National City restaurant owner, spoke in support. An employee of National Mobil Service Station, 10 Osborn Street, National City, made inquiry of the Council regarding the possible expansion of the snack area. Ray Saadeh, 2945 Highland Avenue, National City, spoke in support of his family's efforts. Ed Pieters, 1940 McKinley Avenue, National City, spoke in support. Delores Rendon, 714 D Avenue, National City, spoke in support. Book 75/Page 3 01/12/93 PUBLIC HEARINGS ZONING 1993 (continued) Mayor Waters declared the Public Hearing closed. ACTION: Motion by Morrison, seconded by Dalla, the Planning Commission's recommendation be accepted and that the proposed amendment be denied. based on the findings of the Planning Commission. Carried by unanimous vote. Mr. Alvarado arrived in the Council Chambers at 8:18 p.m. Mayor Waters requested the Agenda Item titled Boards and Commissions be heard at this time. BOARDS AND COMMISSIONS SISTER -CITY COMMITTEE (continued) TESTIMONY: Al Alvarado, 2423 E. 20th Street, expressed the desire to have the people whose names he had provided previously serve on the Steering Committee. General discussion ensued. Mayor Waters stated that the Committee members should be National City residents, however others such as the Holmes should be encouraged to assist the Committee and participate in their functions. ACTION: Motion by Inzunza, seconded by Zarate, to accept the list as amended with 8 names: Al Alvarado. Rosalie Alvarado. Consuelo Rubio, Ruben Rubio. Jesse E. Van Deventer. Sharon Van Deventer. Linda Hart. and John Kirk. Carried by unanimous vote. PUBLIC HEARINGS UNDERGROUND UTILITY DISTRICT 20 2. SUBJECT: Public Hearing - To determine whether the public health, safety or welfare require the formation of the Underground Utility District No. 20 on Division Street from National. City Boulevard to Highland Avenue. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended the public hearing be held. TESTIMONY: Alexander Kreiglowa, 314 E. Division Street, National City, made inquiry of the staff regarding the effect the proposed District would have on his property, if any. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Dalla, seconded by Morrison, in favor of the formation of the District. Carried by unanimous vote. Mayor Waters called a recess. Council members left the Council Chambers at 8:38 p.m. Council members returned to the Council Chambers at 8:57 p.m. ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. Book 75/Page 4 01/12/93 CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 93-1 through 93-2.) Motion by Inzunza, seconded by Dalla, for approval. Carried by unanimous vote. SUBDIVISION 3. Resolution No. 93-1. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS AND AUTHORIZING THE RELEASE OF IMPROVEMENT SECURITIES FOR THE PARCEL MAP AT THE SOUTHWEST CORNER OF 22ND STREET AND EUCLID AVENUE." ACTION: Adopted. See above. CONDITIONAL USE PERMIT 4. Resolution No. 93-2. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REVOKING CONDITIONAL USE PERMIT NO. 1990-18 FOR THE SALE OF BEER AND WINE WITHIN A RESTAURANT AT 1430 E. PLAZA BOULEVARD, SUITE E-1. (APPLICANT: CITY OF NATIONAL CITY) (CASE FILE NO. CUP-1992-10) ACTION: Adopted. See above. NON CONSENT RESOLUTIONS Motion by Zarate, seconded by Morrison, for approval by title only. Carried by unanimous vote. CONTRACT 5. Resolution No. 93-3. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH GRAFFITI PREVENTION SYSTEMS." TESTIMONY: Troy Fulks, 2118 "N" Avenue, National City, expressed his opinion regarding the slow/no response on service being provided . Cecilia Kirk, 311 Second Street, National City, commented on graffiti locations she had called in that still have not been taken care of. Ernest and Shirley Garrett, 8726 Woodley Avenue, North Hills, CA 91345, General Managers of Graffiti Prevention Systems, answered questions of the Council. ACTION: Motion by Dalla, seconded by Morrison, in favor. Carried by unanimous vote. NOTE: City Attorney Eiser explained that Item No. 6 should be heard after the introduciton of the Ordinances. Item No. 7 was heard at this time. ORDINANCES FOR INTRODUCTION NOTE: City Attorney Eiser stated that all Ordinance titles have been amended to read "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY " Motion by Zarate, seconded by Dalla, the Ordinances be introduced by title only. Carried by unanimous vote. Book 75/Page 5 01/12/93 ORDINANCES FOR INTRODUCTION (continued) MUNICIPAL CODE 1993 7(A). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION, AMENDING CERTAIN SECTIONS AND ADOPTING APPENDIX CHAPTERS 32, 35, 38, AND 49, ADOPTING THE UNIFORM BUILDING CODE STANDARDS 1991 EDITION; PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NOS. 1975, 1915 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE." 7(B). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE UNIFORM PLUMBING CODE, 1991 EDITION, ESTABLISHING REGULATIONS FOR THE INSTALLATION, MAINTENANCE AND ALTERATION OF PLUMBING SYSTEMS, AMENDING CERTAIN SECTIONS, AMENDING ORDINANCE NO. 1976 AND SECTION 15.20 OF THE NATIONAL CITY MUNICIPAL CODE." 7(C). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE UNIFORM MECHANICAL CODE, 1991 EDITION, ADOPTING APPENDIX A, B AND C OF SAID CODE, AMENDING AND DELETING CERTAIN SECTIONS OF ORDINANCE NO. 1979 AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE." 7(D). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE UNIFORM HOUSING CODE, 1991 EDITION, AMENDING CERTAIN SECTIONS, AND AMENDING ORDINANCE NO. 1978 AND CHAPTER 15.16 OF THE NATIONAL CITY MUNICIPAL CODE." 7(E). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. 1991 EDITION, AND AMENDING ORDINANCE NO. 1979 AND CHAPTER 15.10 OF THE NATIONAL CITY MUNICIPAL CODE." 7(F). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE NATIONAL ELECTRICAL CODE, 1990 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS, WITHIN THE CITY AND AMENDING ORDINANCE NO. 1972 AND CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE." 7(G). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AMENDING PORTIONS OF ORDINANCE NOS. 1289 AND 1489, AND CHAPTERS 14.06, AND 14.16 OF THE NATIONAL CITY MUNICIPAL CODE; AND REPEALING ORDINANCE NO. 1478 AND CHAPTER 14.08 OF THE NATIONAL CITY MUNICIPAL CODE." Book 75/Page 6 01/12/93 ORDINANCES FOR INTRODUCTION (continued) MUNICIPAL CODE 1993 7(H). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM FIRE CODE 1991 EDITION, APPENDIX THERETO, AND THE UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, REPEALING ORDINANCE NO. 1980 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE." 7(1). "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADDING CHAPTER 15.70, TO TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE, REGULATING GRADING, EXCAVATIONS, FILLS, WATER COURSES, CONSTRUCTION OF RETAINING WALLS; REPEALING ORDINANCE NOS. 1052, 1280 AND 1416; AMENDING SECTION 15.08.070 OF THE NATIONAL CITY MUNICIPAL CODE; AND ADOPTING CHAPTER 70 OF THE 1991 UNIFORM BUILDING CODE, AS AMENDED HEREIN." Item No. 6 was heard at this time. MUNICIPAL CODE 1993 6. Resolution No. 93-4. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER ADOPTION BY REFERENCE OF VARIOUS UNIFORM CODES PERTAINING TO CONSTRUCTION AND MAINTENANCE OF STRUCTURES." ACTION: Motion by Inzunza, seconded by Morrison, in favor of scheduling a Public Hearing for February 9. 1993 at 7:00 p.m. Carried by unanimous vote. Item No. 7 was heard earlier, after Item No. 5. WRITTEN COMMUNICATIONS TRAFFIC SPEED CONTROL 8. SUBJECT: Petition from property owners located on the 2000 and 2100 blocks of Grove Street in National City regarding proposed speed bumps. ACTION: Motion by Inzunza, seconded by Morrison, to direct the City Engineer to delete this location from the list of approved speed hump locations. Carried by unanimous vote. POLITICAL SUPPORT 9. SUBJECT: Letter from Sweetwater Authority regarding Sweetwater Authority CEQA Challenge to Sloan Canyon Sand Project. ACTION: City Attorney Eiser stated that he would advise the Council of the results of the telephonic hearing. The Item will then be brought back on the Agenda of January 26, 1993 for further discussion and action. Book 75/Page 7 01/12/93 NEW BUSINESS WARRANT REGISTERS 1992 10. SUBJECT: Warrant Register No. 25. Ratification of Demands in the amount of $350,243.96 (Warrant Nos. 124399 through 124463 inclusive excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Zarate, seconded by Dalla, the warrants be ratified. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. WARRANT REGISTERS 1992 11. SUBJECT: Warrant Register No. 26. Ratification of Demands in the amount of $235,243.66 (Warrant Nos. 124465 through 124526 inclusive excepting none) and Certification of Payroll in the amount of $444,449.93. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Dalla, seconded by Morrison, the demands be ratified and the payroll be confirmed. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. WARRANT REGISTERS 1992 12. SUBJECT: Warrant Register No. 27. Ratification of Demands in the amount of $162,460.05 (Warrant Nos. 124528 through 124550 inclusive excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Dalla, seconded by Morrison, the demands be ratified. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. VARIANCE 1991 13. SUBJECT: Request for time extension of Zone Variance 1991-3 to reduce parking requirements for a proposed shopping center with a Laundromat at the southwest corner of 8th Street and Palm Avenue. (Applicant: Gary Gottlieb, PWS Investment Inc.). RECOMMENDATION: Staff recommended that Zone Variance Z-1991-3 be extended for one year. ACTION: Motion by Waters, seconded by Inzunza, the one-year extension be approved. Carried by unanimous vote. CONDITIONAL USE PERMIT 14. SUBJECT: Notice of Decision - Planning Commission Resolution No. 28-92 approving a Conditional Use Permit for construction of a 5,400 square foot shopping center at the southwest corner of 8th Street and "E" Avenue. Applicant: Tim Speegle). (Case File No. CUP-1992-8). RECOMMENDATION: Staff concurred with the Planning Commission decision and recommended that the Notice of Decision be filed. ACTION: Motion by Dalla, seconded by Morrison, the decision be filed. No objection as filed. Book 75/Page 8 01/12/93 NEW BUSINESS (continued) COUNCIL WORKSHOP NOTICES/ADMIN 15. SUBJECT: Request to set a workshop in early to mid February to review trash issues. RECOMMENDATION: Staff recommended that the workshop be set for early to mid February. ACTION: Consensus of the Council was to set the workshop for Wednesday, February 10, 1993 at 4:00 p.m. SANDAG 16. SUBJECT: Potential Capital Projects List for submission to SANDAG. RECOMMENDATION: Staff recommended that the list be approved for submittal to SANDAG. TESTIMONY: Assistant City Manager Bolint explained the request for Capital Improvement Projects from SANDAG and the justification used for the five city-wide/comprehensive projects selected and listed. ACTION: Motion by Dalla, seconded by lnzunza, for approval of the list. Carried by unanimous vote. CABLE TV 1991-1994 17. SUBJECT: Annual Status Report submitted by Cox Cable, San Diego. RECOMMENDATION: Staff recommended that the report be received and filed. ACTION: Motion by Dalla, seconded by Zarate, the report be accepted and filed. No objection as filed. BUDGET FY92-93 18. SUBJECT: Mid -Year C.I.P. Project Status Report. RECOMMENDATION: Staff recommended that the report be received and filed. ACTION: Motion by Dalla, seconded by Zarate, the report be accepted and filed. No objection as filed. COUNCIL POLICY 19. SUBJECT: Proposal to Change Agenda Preparation Schedule. RECOMMENDATION: Staff recommended that the City Council provide direction. General discussion ensued. TESTIMONY: Craig Miller, 835 Third Avenue, Chula Vista, Star News Reporter, commented on the lead time needed to publish Agenda items. ACTION: Consensus of the Council was to leave the Agenda preparation and release time as is; the City Manager's Office will fax a tentative agenda to the media by noon on Friday. CITY MANAGER City Manager McCabe referred to a letter he sent to Governor Wilson (copy on file in the Office of the City Clerk) regarding the State's proposed budget which would take away city property tax revenues, which would result in National City losing approximately $925,000 or 45% of its property tax to the State annually. Book 75/Page 9 01/12/93 CITY MANAGER (continued) Mr. McCabe also stated that he had received a memo from National City Fire Chief Randy Kimble (copy on file in the Office of the City Clerk) reporting that negotiations with the Port District staff were completed with reimbursement for Police and Fire Services of $95,000. for FY1990/91 and $437,593. for FY 1991/92 for a total of $532,593. CITY ATTORNEY City Attorney Eiser reported that the City was successful in the Carter case; the judgement will stand. OTHER STAFF - No report. MAYOR Mayor Waters reported that several new businesses have moved into the Southport Business Center, including Pioneer Speakers, Matsushita Electrical Corporation of California, and Advanced Plastics, Inc. The Mayor then re -announced the Grand Opening of the new Police Department Facility would be February 3, 1993, at 4 p.m. CITY COUNCIL Councilman Morrison requested a progress report on the construction of the Radisson parking garage. PUBLIC ORAL COMMUNICATIONS Troy Fulks, 2118 "N" Avenue, National City, made a suggestion to put the Neighborhood meeting dates and times on the Chamber of Commerce/Mile of Cars display signs. He also commented on the use of vegetation as a graffiti deterrent. Cecilia Kirk, 311 E. 2nd Street, National City, stated that she was providing a $45 donation from Committee Against Card Casino to the family whose home was destroyed by fire. She then presented the check to Acting Police Chief Tom Deese. CLOSED SESSION CLOSED SESSION FOR PENDING LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(A) - OLGA TAEATAFA V. CITY OF NATIONAL CITY. ACTION: Motion by Dalla, seconded by Inzunza, in favor of holding the Closed Session under Government Code Section 54956.9(A). Carried by unanimous vote. Council members left the Council Chambers at 11:15 p.m. Council members returned to the Council Chambers at 11:35 p.m. ROLL CALL Council members present: Inzunza, Morrison, Waters Council members absent: Dalla, Zarate. Book 75/Page 10 01/12/93 ADJOURNMENT Motion by Inzunza, seconded by Morrison, to adjourn to the next Regular City Council Meeting of January 19. 1993 at 4 P,M. - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 11:36 p.m. &- o p- CITY CLERK The foregoing minutes were approved at the Regular Meeting of January 19, 1993. AYOR CITY OF NATIONAL CITY, CA 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.