Loading...
HomeMy WebLinkAbout1993 06-08 CC MINBook 75/Page 134 06/08/93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 8, 1993 The Regular Meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Waters. ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. Administrative 'officials present: Bolint, Eiser, McCabe, Myers, Peoples, Ray. 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 Morrison, the Minutes of the Regular Meeting of May 25. 1993 be approved. Carried by unanimous vote. MAYOR'S PRESENTATIONS Mayor Waters presented Public Works Director Curt Williams and Parks and Recreation Director Jim Ruiz with plaques of appreciation and toys for their assistance on behalf of the Maytime Band Review Committee. He then called to the front of the Council Chambers, Jim Crabb, Michael Johnson and Victoria Waters and presented them with the following plaques: Jim Crabb - "IN APPRECIATION AND RECOGNITION FOR HIS UNSELFISH DEDICATION OF SERVICE TOWARDS COMPLETION OF THE N.C. BOYS & GIRLS CLUB," Michael Johnson -"IN APPRECIATION AND RECOGNITION FOR HIS OUTSTANDING COMMITMENT TO THE YOUTH OF OUR COMMUNITY AND TO GRANGER JUNIOR HIGH SCHOOL," and Victoria Waters - "IN RECOGNITION AND APPRECIATION FOR HER MANY YEARS OF UNSELFISH AND DEDICATED SERVICE TO THE COMMUNITY." (Copies on file in the Office of the City Clerk.) The Mayor then read into the Record, a press release dated June 4, 1993 from the Government Finance Officers Association, announcing that the City of National City, California had received GFOA's Distinguished Budget Presentation Award for its budget. Further, that this award is the highest form of recognition in governmental budgeting... criteria evaluated included the policy document, financial plan, operations guide and communication device...must be proficient in all four categories. (Copy on file in the Office of the City Clerk.) Book 75/Page 135 06/08/93 PROCLAMATIONS Motion by Morrison, seconded by Inzunza, the Proclamation be read in its entirety. Carried by unanimous vote. The Proclamation proclaiming the week of June 7-11, 1993 as: "CHAMBER OF COMMERCE WEEK" was read aloud in full by Mayor Waters who presented it to Edith Hughes, Executive Director of the National City Chamber of Commerce. Ms. Hughes expressed her thanks to the Council for their support. PUBLIC HEARINGS MUNICIPAL CODE 1993 BUSINESS LICENSES 1. SUBJECT: " Public Hearing and Ordinance amending Chapter 6.20 of the National City Municipal Code, and amending Ordinances No. 1407 and 92- 2037 concerning residential property rentals. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. NOTE: Councilwoman Zarate stated that she would be abstaining from voting on this item as she owns rental units within the City. RECOMMENDATION: Staff recommended City Council adopt either Version "A" (gross receipts basis) or "B" ($100.00 per rental unit). TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City, spokein support of the proposed Ordinance but suggested it be patterned more like the City of San Diego policy. George Hood, City Treasurer, 1521 E. 22nd Street, National City, spoke in support of the proposed Ordinance. John Kirk, 311 E. 2nd Street, National City, spoke neither for nor against the item, and made inquiry of the Council. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Dalla, seconded by Waters, the fee be $50. for the first unit. and $20. for every unit thereafter. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Waters. Nays: None. Abstaining: Zarate. CONTRACT 2. SUBJECT: Public Hearing regarding a trash service rate increase for Edco Disposal Corporation and modification of the terms of the contract. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended City Council take public testimony. NOTE: Mayor Waters noted for the record that letters had been received from Bay Cities, Laidlaw, and Pacific Disposal objecting to any extension of the Franchise Agreement. Book 75/Page 136 06/08/93 CONTRACT (continued) TESTIMONY: Jack Moore of Bay Cities declined to speak at this time. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition to the proposed rate increases and expressed his observations of the franchise tipping fees being passed on to the consumer. Alda West, 315 East. 3rd Street, National City, made inquiry regarding trash fees being charged on vacant rentals. George Lazaruk, Pacific Disposal, 199-1/2 E. Main Street, requested the EDCO rate adjustment be tabled until further study was completed; spoke in opposition to rate increase. John Kirk, 311 E. 2nd Street, National City, spoke neither for nor against the item. Ed Burr, President of EDCO Disposal, answered questions of the Council. Mayor Waters declared the Public Hearing closed. Mayor Waters then introduced Juan Vargas, Councilman of District 8 in San Diego to those present. Item No. 7 was brought onto the Agenda at this time. NON CONSENT RESOLUTIONS Motion by Dalla, seconded by Inzunza, the item be considered by title only. Carried by unanimous vote. CONTRACT 7. Resolution No. 93-69. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY WITH EDCO DISPOSAL CORPORATION." RECOMMENDATION: Staff recommended Council approve rates as submitted in the Resolution and approve contract changes. ACTION: Motion by Della, seconded by Inzunza, in favor of Resolution No. 93-69. TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition to the item and made inquiry of the Council. George Lazaruk, Pacific Disposal, spoke in opposition to the formula being used by EDCO. Dan Galleger, Controller of EDCO, responded to inquiry and comments made by Mr. Lazaruk to the Council. Councilman Inzunza withdrew his second on the motion. Maker and second agreed to lay the item over for two weeks. ACTION: Motion by Morrison, seconded by Inzunza, to lay this item over for two weeks. Carried by unanimous vote. Book 75/Page 137 06/08/93 Mayor Waters requested Item No. 22 be heard at this time. BUILDING PERMIT ADMIN 22. SUBJECT: Report on temporary modular office building 1300 W. 24th Street (PASHA Services). RECOMMENDATION: Staff recommended that the report be received and filed or Council provide additional direction to staff as deemed appropriate. TESTIMONY: A brief overview of the issue was given by Building and Safety Director Michael Bouse. Stan Gabara, 598 Trailwoods Drive, Bonita, representing PASHA Services, explained their request and answered questions of the Courieil. Jess Van Deventer, 1706 Prospect Street, National City, National City Port Commissioner, responded to questions of the Council. ACTION: Motion by Dalla, seconded by Zarate, to refer this item back to Staff to develop desired guidelines for modular structures on Port property and bring them back to Council for approval. Carried by unanimous vote. Motion by Dalla, seconded by Zarate, to request that the Port give a progrew report on the status of the PASHA facility in two years. Carried by unaTiimous vote. Mayor Waters declared a recess. Council members left the Council Chambers at 9:38 p.m. Council members returned to the Council Chambers at 10:00 p.m. ROLL CALL Council Members present: Dalla, Inzunza, Morrison, Zarate, Waters. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 93-65 through 93- 68). NOTE: Councilman Inzunza requested that Item No. 3 (Resolution No. 93-65) be pulled. Vice Mayor Dalla requested that Item No. 6 (Resolution No. 93-68) be pulled. Motion by Zarate, seconded by Dalla, the Resolutions (except Resolution Nos. 93-65 and 93-68) be adopted by title only. Carried by unanimous vote. CONDITIONAL USE PERMITS 1993 4. Resolution No. 93-66. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AN APPLICATION FOR MODIFICATION OF CONDITIONAL USE PERMIT 1991-13 TO REMOVE THE LIMIT ON THE NUMBER OF LIVE STAGE SHOWS IN A THEATER AT 330 NATIONAL CITY BOULEVARD. APPLICANT: JUAN TORRES. CASE FILE NO. CUP-1993-3)." ACTION: Adopted. See above. Book 75/Page 138 06/08/93 GRANT TDA/TRANSPORTATION DEV ACT FUNDS 5. Resolution No. 93-67. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FY 1994." ACTION: Adopted. See above. CONTRACT 3. Resolution No. 93-65. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING DALEY CORPORATION TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DALEY CORPORATION FOR THE EXTENSION OF REO DRIVE FROM VALLEY ROAD TO SWEETWATER ROAD. (ENGINEERING SPEC. NO. 92-7)." ACTION: Motion by Inzunza, seconded by Dalla in favor of Resolution No. 93-65. Carried by unanimous vote. BUDGET TRANSFERS 1993 EL TOYON PARK/TRANSFORMER 6. Resolution No. 93-68. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A CIP PROJECT FOR EMERGENCY REPLACEMENT OF EL TOYON PARK TRANSFORMER, AND THE TRANSFER OF FUNDS." NOTE: Vice Mayor Dalla requested the Public Works Director bring back a status report on the proposed alarm system for City buildings in 60 days. ACTION: Motion by Dalla, seconded by Inzunza, in favor of Resolution No. 93-68. Carried by unanimous vote. Item No. 7 was heard earlier, after Item No. 2 NON CONSENT RESOLUTIONS CONTRACT 7. Resolu{ton No. 93-69. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY WITH EDCO DISPOSAL CORPORATION." Motion by Morrison, seconded by Inzunza, the Resolution be introduced by title only. Carried by unanimous vote. CONTRACT 8. Resolution No. 93-70. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH MC DONALD TRANSIT ASSOCIATES, INC." RECOMMENDATION: Staff recommended approval. Book 75/Page 139 06/08/93 CONTRACT (continued) TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition to the item. Bob Arthur, McDonald Transit Associates, Inc. responded to inquiry of the Council. ACTION: Motion by Dalla, seconded by Zarate, in favor of Resolution No. 93-70. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION NOTE: Councilwoman Zarate stated that she would be abstaining from voting on this item as she owns rental units within the City. Motion by Dalla, seconded by Inzunza, the Ordinance be introduced by title only. Carried by the following vote: Ayes: Dalla, Inzunza, Morrison, Waters. Nays: None. Abstaining: Zarate. MUNICIPAL CODE 1993 BUSINESS LICENSES ADMIN 9. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING AND REPEALING PORTIONS OF CHAPTER 6.20 OF THE NATIONAL CITY MUNICIPAL CODE, AMENDING AND REPEALING PORTIONS OF ORDINANCE NO. 1407, AND AMENDING SECTION 10 OF ORDINANCE NO. 92-2037 CONCERNING RESIDENTIAL RENTALS." ORDINANCES FOR ADOPTION Motion by Dalla, seconded by Morrison the Ordinance for adoption be introduced by title only. Carried by unanimous vote. MUNICIPAL CODE 1993 SEWER CAPACITY/FEES 10. Ordinance No. 93-2061. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 14.04.030 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO VARIANCES FROM SEWER SERVICE CHARGES." RECOMMENDATION: Staff recommended the Ordinance be adopted. ACTION: Motion by Inzunza, seconded by Morrison, in favor. Carried by the following vote: Ayes: Inzunza, Morrison, Zarate, Waters. Nays: Dalla. WRITTEN COMMUNICATIONS PUBLIC REQUEST/COMPLAINT 11. SUBJECT: A proposal from National City Mile of Cars for the City of National City to establish a firm date and conduct a public hearing for the purpose of changing the name of National City Boulevard to Mile of Cars Boulevard. Book 75/Page 140 06/08/93 PUBLIC REQUEST/COMPLAINT (continued) TESTIMONY: Alda West, 315 E. 3rd Street, National City, spoke in opposition to the proposed change. Richard Sherman, 1236 E. 16th Street, National City, spoke in opposition to the proposed change. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition to the proposed change. ACTION: Motion by Dalla, seconded by Inzunza, to set the Public Hearing for July 13. 1993 at 7:00 p.m. Carried by unanimous vote. PUBLIC REQUEST/COMPLAINT 12. SUBJECT: Letter from H & L Products, Inc. regarding Public Safety. TESTIMONY: Allen Dixon, Vice President and General Manager of H & L Products, Inc., spoke of his concerns regarding public safety. Joe Florentino, 3543 Cagle Street, National City, spoke of his concerns regarding public safety. PUBLIC REQUEST/COMPLAINT 13. SUBJECT: Letter from Authorized Auto regarding Public Safety. TESTIMONY: Gary Polakoff, President of Authorized Auto, expressed his opinion on Public Safety. NEW BUSINESS WARRANT REGISTERS 1992 14. SUBJECT: Warrant Register No. 47. Ratification of Demands in the amount of $212,039.90 (Warrant Nos. 126247 through 126316 inclusive excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Dalla, seconded by Zarate, in favor of ratification of the demands. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. WARRANT REGISTERS 1992 15. SUBJECT: Warrant Register No. 48. Ratification of Demands in the amount of $138,835.24 (Warrant Nos. 126318 through 126363 inclusive excepting none) and Certification of Payroll in the amount of $420,517.33. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Zarate, seconded by Inzunza, in favor of ratification of warrants. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. Book 75/Page 141 06/08/93 STREET TREE REMOVALS 16. SUBJECT: Street Tree Removals. RECOMMENDATION: Staff recommended approval of the following: Jennie Esquivel, 1940 Wilson Avenue, National City, request removal of two pepper trees because one is raising sidewalk and the other is creating debris; approved one removal on east end due to sidewalk damage. Mr. & Mrs. Tony Hurst, 2125 "I" Avenue, National City, request removal of one tree due to raised sidewalk and curb; approved due to sidewalk and curb damage, three replacements. William & Charmaine Nosal, 437 "J" Avenue, National City, request removal of three trees due to raised sidewalk and curb; approved due to sidewalk and curb damage, three replacements. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, in favor. Carried by unanimous vote. VECTOR/RODENT CONTROL PROGRAM 17. SUBJECT: Annual Report on the Vector Surveillance and Control District Assessment Fee. RECOMMENDATION: Staff recommended the report be received and filed. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza the report be received and filed. No objection as filed. CONTRACT 18. SUBJECT: Assignment of existing Hartson Medical Transport Services contract to Laidlaw Medical Transportation, Inc. RECOMMENDATION: Staff recommended execution of the contract assignment letter (dated 05/14/93) as presented. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza in favor of the execution of the contract assignment letter. Carried by unanimous vote. GRANT/LAW ENFORCEMENT 19. SUBJECT: Authorization to apply for drug and gang suppression grants in conjunction with the National and Sweetwater School Districts. RECOMMENDATION: Staff recommended that the Police Chief be authorized to pursue both grants in conjunction with the National and Sweetwater School Districts. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, to recommend that the Police Chief be authorized to pursue both grants. Carried by unanimous vote. PUBLIC REQUEST/COMPLAINT BUSINESS LICENSE ADMIN 20. SUBJECT: Consider regulations pertaining to itinerant vendors and outdoor sales of merchandise. RECOMMENDATION: Staff requested Council direction. Book 75/Page 142 06/08/93 BUSINESS LICENSE ADMIN (continued) TESTIMONY: Councilwoman Zarate requested enforcement of vendors on freeway off ramps. City Attorney Eiser recommended the item be referred back to Staff, and he would meet with the Planning Director and Police Chief and bring a report back to Council. ACTION: Motion by Morrison, seconded by Zarate, to refer back to Staff for report to be brought back to the City Council. Carried by unanimous vote. PUBLIC REQUEST/COMPLAINT 21. SUBJECT: Report on abandoned shopping cart retrieval/enforcement. RECOMMENDATION: Staff recommended that the report be received and filed; Staff will follow up with further review as outlined in "Conclusion" section of report attached to Agenda. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, the report be filed. No objection as filed. Item No. 22 was heard earlier, after Item No. 7. BUILDING PERMIT ADMIN 22. SUBJECT: Report on temporary modular office building 1300 W. 24th Street (PASHA Services). TEMPORARY USE PERMITS 1993 23. SUBJECT: Temporary Use Permit - 18th Annual Los Ninos Walk-A-Thon. RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Dalla, seconded by Zarate, for approval of the Temporary Use Permit subject to compliance with all conditions of approval and grant a waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 1993 24. SUBJECT: Temporary Use Permit - Parade for San Diego County Children with Cancer. RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Dalla, seconded by Inzunza, for approval of the Temporary Use Permit subject to compliance with all conditions of approval and grant a waiver of fees. Carried by unanimous vote. Book 75/Page 143 06/08/93 TEMPORARY USE PERMITS 1993 25. SUBJECT: Temporary Use Permit - Saint Mary's Fall Festival. RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval and deny the request for waiver of the $345. processing fee. TESTIMONY: None. ACTION: Motion by Dalla, seconded by Morrison, for approval of the Temporary Use Permit subject to compliance with all conditions of approval and denial of the request for waiver of processing fees. Carried by unanimous vote. CITY MANAGER City Manager McCabe recommended that a Finance Committee 1993-94 Budget Review meeting date of Thursday, June 24, 1993 from 9:00 a.m. to 5:00 p.m. based on discussion with Vice Mayor Dalla who will chair the meeting. Consensus of the Council was that the meeting be held as recommended. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Waters stated that Vincent Reynolds from the National City Traffic Safety Committee, had submitted a letter of resignation as he is no longer able to attend the afternoon meetings. The Mayor stated that he had written a letter to the U,S. Department of Housing regarding the concept of the use of the Community Development Block Grant (CDBG) funds to create a General Revenue Sharing. He then read into the record a positive response received from Henry G. Cisneros, Secretary of the U.S. Department of Housing and Urban Development (copy on file in the Office of the City Clerk). Mayor Waters then reminded everyone of the grand opening of the National City Community Center, scheduled for 10:00 a.m. tomorrow, June 9, 1993. CITY COUNCIL Councilman Inzunza reported graffiti on the south-east corner of 8th Street and Plaza Boulevard, above Highway 805. PUBLIC ORAL COMMUNICATIONS Richard Sherman, 1236 E. 16th Street, National City, spoke regarding graffiti throughout the city. Lanny Roark, President of the National City Police Officer's Association, 1200 National City Boulevard, National City, addressed the Council regarding a vote of no confidence against the City Manager. Cathy Smith, 3028 E. 11th Street, National City, spoke in opposition to the potential lay-offs of police officers, and provided a handout to the City Council (copy on file in the Office of the City Clerk). Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke regarding General Plan Survey results and made inquiries of the Council. Book 75/Page 144 06/08/93 PUBLIC ORAL COMMUNICATIONS (continued) Mr. Florentino declined to speak at this time. Marcia Csondor-Caso, 2820 E. 11th Street, National City, spoke regarding problems encountered on their block caused by the Plaza Manor Apartments. Mike Kreischer, 3811 Cagle Street, National City, representing the Neighborhood Watch of Sweetwater Heights, expressed concerns with crime problems throughout the city. Joseph Palmore, 2834 E. 11th Street, National City, spoke regarding problems on his street. Cecilia Kirk, 311 E. 2nd Street, National City, stated that the National City Boulevard "Welcome to National City" sign was full of graffiti, and that Division and "D" Street have graffiti and constant yard sale problems. CLOSED SESSION CLOSED SESSION FOR PENDING LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(A) - CITY OF NATIONAL CITY v COUNTY OF SAN DIEGO (BOOKING FEES); WASHINGTON v CITY OF NATIONAL CITY. Motion by Zarate, seconded by Inzunza, 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 11:45 p.m. Council members returned to the Council Chambers at 12:06 a.m. ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. ADJOURNMENT Motion by Morrison, seconded by Zarate to adjourn to the next Regular City Council Meeting - June 15. 1993 - 4:00 P.M. - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 12:07 a.m. GAAAN-z— ges7T-QQb CITY CLERK Book 75/Page 145 06/08/93 ADJOURNMENT (continued) The foregoing minutes were approved at the Regular Meeting of June 15, 1993. 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.