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HomeMy WebLinkAbout1993 06-22 CC MINBook 75/Page 151 06/22/93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 22, 1993 The Regular Meeting of the City Council of the City of National City was called to order at 7:02 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 Morrison, seconded by Inzunza, the Minutes of the Regular Meeting of June 15. 1993 be approved. Carried by unanimous vote. MAYOR'S PRESENTATIONS Mayor Waters called Joe Tuminting and Al Alvarado to the podium. He then read brief biographies on each and presented them with plaques that had the City Seal on them. Joe and Al thanked the Mayor, City Council, and Rancho de la Nacion Optimist Club for the recognition bestowed on them for their community volunteerism with youth. Mayor Waters requested the Closed Session be heard at this time. CLOSED SESSION CLOSED SESSION WITH CITY'S DESIGNATED REPRESENTATIVES UNDER GOVERNMENT CODE SECTION 54957.6. City Attorney Eiser stated that in addition to the Closed Session on the Agenda, he would request the Council bring onto the Agenda a Closed Session for the City of National City vs Pyraduct under Government Code Section 54956.9(A) as the need to take action arose after the posting of the Agenda. ACTION: Motion by Inzunza, seconded by Zarate, in favor of bringing the Closed Session pertaining to the City of National City vs Pyraduct under Government Code Section 54956.9(A' onto the Agenda as the need to take action arose after the posting of the Agenda. Carried by unanimous vote. Motion by Morrison, seconded by Dalla, in favor of holding the Closed Sessions.`. Carried by unanimous vote. Council members left the Council Chambers at 7:15 p.m. Council members returned to the Council Chambers at 8:03 p.m. Book 75/Page 152 06/22/93 ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. Mayor Waters read into the record an announcement stating that the City and the Fire Fighters Association had reached a tentative agreement whereby through voluntary reductions, all lay-offs of Fire Fighter Association personnel has been avoided; the City and the Municipal Employees Association had reached an understanding to avoid all lay-offs through voluntary reductions which the MEA negotiating representatives will be presenting to the MEA membership with a recommendation for ratification. He and the Council then thanked the two bargaining units and employees for their cooperation during these trying times, as well as the City representatives who participated in the negotiations, and stated that City Manager, Executives, Mid- IVlanagers, Confidential employees, City Council, City Clerk and City Treasurer were also taking voluntary reductions in compensation and benefits in a manner equal to the reductions agreed to by the MEA. The following representatives then addressed the Council and encouraged them to review cost cutting and revenue generating ideas which they had previously submitted: Terri J. Bettencourt, MEA President, Revenue & Recovery Employee. Mario Espinosa, MEA, Parks & Recreation Employee. Marie Hoban, MEA, Police Department Employee. Roberto Areas, MEA Executive Board Member, Police Department Employee. Robert Gibbs Jr., MEA, Parks & Recreation Employee. Anthony Gaut, MEA, Equipment Maintenance Employee. James Slade, MEA, Engineering Employee. Dino Serafini, MEA Executive Board Member, Engineering Employee. Linda Hyman, MEA Secretary, Library Employee. BOARDS & COMMISSIONS INTERVIEWS/APPOINTMENTS Mayor Waters turned the meeting over to Vice -Mayor Dalla. TRAFFIC SAFETY COMMITTEE RECOMMENDATION: Mayor Waters recommended the appointment of Mary Louise Martin. ACTION: Motion by Inzunza, seconded by Morrison, in favor of the Mayor's recommendation. Carried by unanimous vote. LIBRARY BOARD OF TRUSTEES RECOMMENDATION: Mayor Waters recommended the appointment of Gloria Bird to another term. ACTION: Motion by Morrison, seconded by Zarate, in favor of the Mayor's recommendation. Carried by unanimous vote. City Clerk Lori Anne Peoples administered the Oath of Office to Mary Louise Martin and presented her with a Certificate of Appointment. Mrs. Bird was unable to attend the meeting. Vice -Mayor Dalla then turned the meeting back over to Mayor Waters. Book 75/Page 153 06/22/93 PUBLIC HEARINGS ZONING 1. SUBJECT: Public Hearing - Proposed amendments to Title 18 (Zoning) of the Municipal Code. Applicant: City Initiated. Case File No.: A-1993-2. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended approval of the proposed amendments based on the following finding: That the proposed amendments are consistent with General Plan Policies which promote the attraction of new businesses to the City, improve the diversity and quality of the City's economic environment, encourage neighborhood beautification and improvements to the community appearance and maintain high development standards. TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City made inquiry of the City Council and Staff with regards to proposed amendment Item Nos. 1 & 6. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Inzunza, seconded by Della, to decrease the square footage in Item No. 6 from 1,000 to 750. Carried by unanimous vote. Motion by Inzunza, seconded by Della, in favor of the proposed amendments based on the findings included in the report. Carried by unanimous vote. PARKING DISTRICT ADMIN 2. SUBJECT: Public Hearing - Establishment of a Residential Permit Parking District on "G" Avenue between 15th and 16th. 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. The Traffic Safety Committee recommended approval of a residential, two-hour time -limited parking district for the hours between 7 a.m. and 7 p.m. with residents of the area eligible to obtain permits exempting their vehicles from the two-hour restriction. TESTIMONY: Beverly Lawson -Krieger, 1520 "G" Avenue, National City, representing her mother Karlyn Lawson, spoke in support of the proposed district. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition of the proposed district and suggested a posted 1 hour time limit. Mayor Waters declared the Public Hearing closed, and requested that Agenda Item No. 12, Non -Consent Resolution No. 93-84 be heard at this time. ACTION: Motion by Dalla, seconded by Morrison, in favor of bringing Item No. 12 forward by title only at this time. Carried by unanimous vote. Book 75/Page 154 06/22/93 PARKING DISTRICT ADMIN (continued) 12. Resolution No. 93-84. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING RESIDENTIAL PERMIT PARKING DISTRICT "G" ON "G" AVENUE BETWEEN 15TH AND 16TH STREETS WITH A TWO HOUR LIMIT (EXCEPT FOR PERMIT HOLDERS) FROM 7:00 A.M. TO 7:00 P.M., MONDAY - FRIDAY." NOTE: Mayor Waters stated that he would abstain from voting as he owns a vacant lot on this street. RECOMMENDATION: Staff recommended the resolution be adopted. ACTION: Motion by Dalla, seconded by Morrison, in favor of Resolution No. 93-84. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate. Nays: None. Abstaining: Waters. ZONE VARIANCE 1993 3. SUBJECT: Public Hearing - Appeal of Planning Commission Decision regarding a zone variance application to reduce the required exterior side yard setback for an addition to a single-family residence at 1605 Orange Street. Applicant: Ramona Rodriguez. Case File No.: Z-1993-2. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended that the conditions of approval as set forth in Planning Commission Resolution No. 7-93 remain as approved by the Planning Commission. TESTIMONY: Elias Rodriguez, 1440 "I" Avenue, National City, representing the property owner, stated that they were in agreement with all conditions but would like consideration of a reduction in the sidewalk size to 4 feet to allow for the installation of a retaining wall. ACTION: Motion by Morrison, seconded by Inzunza, to close the Public Hearing and in favor of the appeal with all conditions of approval as set forth by the Planning Commission and to allow for a reduction in the sidewalk width to 4 feet. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 93-76 through 93- 82). NOTE: Mayor Waters requested that Item Nos. 5 & 6 (Resolution Nos. 93-77 and 93-78) be pulled. Motion by Inzunza, seconded by Morrison the Resolutions be approved (except Resolution Nos. 93-77 and 93-78). Carried by unanimous vote. CONTRACT 4. Resolution No. 93-76. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION, AND APPROVAL OF CHANGE ORDERS 1 AND 2 FOR THE STREET RESURFACING- PROJECT FY 1991-92. (ENGINEERING SPEC. 92-12)" ACTION: Adopted. See above. Book 75/Page 155 06/22/93 CONSENT CALENDAR (continued) CONTRACT 7. Resolution No. 93-79. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING CLANCY CONSTRUCTORS TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CLANCY- CONSTRUCTORS FOR CONSTRUCTION AND IMPROVEMENTS OF THE RESTROOMS IN LAS PALMAS AND KIMBALL PARKS. (ENGINEERING SPEC. NO. 93-7)." ACTION: Adopted. See above. STREET DIVISION WIDENING 8. Resolution No. 93-80. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING SOUTHLAND PAVING, INC. TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOUTHLAND PAVING, INC. FOR THE WIDENING OF DIVISION STREET FROM EUCLID AVENUE TO DREXEL AVENUE. (ENGINEERING SPEC. NO. 93-2)." ACTION: Adopted. See above. STREET DIVISION WIDENING 9. Resolution No. 93-81. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND TRANSFER OF FUNDS FOR THE WIDENING OF DIVISION STREET FROM EUCLID AVENUE TO DREXEL AVENUE. (ENGINEERING SPEC. NO. 93-2)." ACTION: Adopted. See above. CONTRACT 10. Resolution No. 93-82. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT CONCERNING THE D.A.R.E. PROGRAM." ACTION: Adopted. See above. CONTRACT 5. Resolution No. 93-77. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING CGC CONSTRUCTION, INC. TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CGC CONSTRUCTION, INC. FOR THE STREET IMPROVEMENTS AND MISCELLANEOUS CURB, GUTTER AND SIDEWALK PROJECT. (ENGINEERING SPEC. NO. 93-3)." TESTIMONY: Kathy Smith, 3028 E. 11th Street, National City, requested consideration for the inclusion in the contract of the concrete cul-de-sac for her neighborhood if funding was available as Council had given conceptual support of the idea last year but no action had been taken. Staff will obtain a bid from the contractor and provide information via a change order to the Council for approval of the additional work. Alfonso Hernandez, 2132 Euclid Avenue, National City, expressed his opinion on the issue of providing this free service when some city residents have had to pay a portion of the costs in their neighborhoods. Book 75/Page 156 06/22/93 CONSENT CALENDAR (continued) CONTRACT ACTION: Motion by Dalla, seconded by Inzunza, in favor of Resolution No. 93-77. Carried by unanimous vote. CONTRACT 6. Resolution No. 93-78. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING CLANCY CONSTRUCTORS TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CLANCY CONSTRUCTORS FOR THE LAS PALMAS PARK BALLFIELD AND WEST SIDE IMPROVEMENTS. (ENGINEERING SPEC. NO. 93-9)." TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City, declined to speak at this time. ACTION: Motion by Dalla, seconded by Morrison, in favor of Resolution No. 93-78. Carried by unanimous vote. NON CONSENT RESOLUTIONS Motion by Dalla, seconded by Zarate, the Resolutions be introduced by title only. Carried by unanimous vote. CONTRACT 11. Resolution No. 93-83. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE MAINTENANCE OF A TRAFFIC SIGNAL AT THE INTERSECTION OF VALLEY ROAD AND REO DRIVE." RECOMMENDATION: Staff recommended Council adopt the resolution. TESTIMONY: None. ACTION: Motion by Dalla, seconded by Morrison in favor of Resolution No. 93-83. Carried by unanimous vote. Agenda Item No. 12, Resolution No. 93-84 was heard earlier, after Public Hearing Agenda Item No. 2. PARKING DISTRICT ADMIN 12. Resolution No. 93-84. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING RESIDENTIAL PERMIT PARKING DISTRICT "G" ON "G" AVENUE BETWEEN 15TH AND 16TH STREETS WITH A TWO HOUR LIMIT (EXCEPT FOR PERMIT HOLDERS) FROM 7:00 A.M. TO 7:00 P.M., MONDAY - FRIDAY." CONTRACT 13. Resolution No. 93-85. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN -DIEGO PERTAINING TO ESTABLISHMENT OF AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE." Book 75/Page 157 06/22/93 NON CONSENT RESOLUTIONS (continued) CONTRACT - RECOMMENDATION: Staff recommended (1) Council approve the resolution authorizing the Mayor to sign the amended 11 May 1993 Interim Agreement with the County committing all National City Acceptable waste to the County; and (2) requested the appointment of a representative and alternate to the Interim Trash Commission. TESTIMONY: None. ACTION: Motion by Waters, seconded by Inzunza, in favor of Councilman Morrison being the representative with Mayor Waters as the alternate. Carried by unanimous vote. Motion by Dalla, seconded by Morrison, in favor of Resolution No. 93-85. Carried by unanimous vote. CONTRACT 14. Resolution No. 93-86. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY WITH EDCO DISPOSAL CORPORATION." RECOMMENDATION: Staff recommended approval of the rates as submitted in the Resolution and approve the contract changes. TESTIMONY: John Proctor, 664 Renkrib, San Diego, spoke in support of the Resolution. Sara Nowotny, 405 E. 4th Street, National City, spoke in support of the Resolution. Jorge Holland, 199-1/2 Mace St., Chula Vista, Owner of Pacific Disposal, Inc., spoke in opposition to the Resolution. George Lazaruk, 199-1/2 Mace St., Chula Vista, representing Pacific Disposal, Inc., spoke in opposition to the Resolution. Steven Holland, 6504 Calgary Ct., San Diego, CPA for Pacific Disposal, Inc., spoke in opposition to the Resolution and answered questions with regards to the audit of the rate structure he performed and Council had been provided. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in opposition of the Resolution. Mike Kreischer, 3811 Cagle St., National City, spoke in opposition of the Resolution. Ed Burr, President of EDCO spoke in support of the Resolution, answered questions of the Council, responded to comments made by prior speakers and made an offer to give up the CPI charge ($.15 reduction in the commercial rate). ACTION: Motion by Morrison, seconded by Inzunza, in favor of the residential rate increases including the 5% Franchise Fee. excluding 3% or $.49 as a residential pass through and accepting the offer of Mr. Burr to eliminate the CPI charge. Motion failed by the following vote, to -wit: Ayes: Morrison, Waters. Nays: Dalla, Inzunza, Zarate. Motion by Dalla, seconded by Inzunza, to proceed with the request to increase the rate. but hold the Franchise Fee at 2% and accept the offer of Mr. Burr to eliminate the CPI charge. Carried by the following vote, to - wit: Ayes: Dalla, Inzunza, Zarate, Waters. Nays: Morrison. Book 75/Page 158 06/22/93 Mayor Waters declared a break. Council members left the Council Chambers at 10:47 p.m. Council members returned to the Council Chambers at 11:05 p.m. ROLL CALL Council members present: Dalla, Inzunza, Morrison, Zarate, Waters. WRITTEN COMMUNICATIONS POLITICAL SUPPORT 15. SUBJECT: Letter from Councilman Snesko, City of Poway requesting support for his I.N.S. proposal. TESTIMONY: None. ACTION: Motion by Inzunza, seconded -by Dalla, the request be accepted and filed. No objection as filed. NEW BUSINESS WARRANT REGISTERS 1992 16. SUBJECT: Warrant Register No. 50. Ratification of Demands in the amount of $214,319.67 (Warrant Nos. 126447 through 126554 inclusive excepting 126461 and 126462), and Certification of Payroll in the amount of $417,451.61. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Morrison, seconded by Inzunza, the demands be ratified and the payroll certified. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. SOLID WASTE/REPORTS 17. SUBJECT: Report on developing a permit process for haulers for construction and demolition debris in roll -off containers. RECOMMENDATION: Staff recommended the report be filed. ACTION: Motion by Inzunza, seconded by Morrison, the report be accepted and filed. No objection as filed. TEMPORARY USE PERMITS 1993 18. SUBJECT: Request for Public Fireworks Display Permit by the National City Lions Club. RECOMMENDATION: Staff recommended approval of the Fireworks Display Permit. ACTION: Motion by Inzunza, seconded by Zarate in favor. Carried by unanimous vote. CLAIM 19. SUBJECT: Claim for Damages: Joel Humberto Lemus. RECOMMENDATION: Staff recommended the claim be denied and referred to the City Attorney. ACTION: Motion by Zarate, seconded by Inzunza, the claim be denied and referred to the City Attorney. Carried by unanimous vote. Book 75/Page 159 06/22/93 CLAIM 20. SUBJECT: Claim for Damages: Trina Maria Akins. RECOMMENDATION: Staff recommended the claim be denied and referred to the City Attorney. ACTION: Motion by Zarate, seconded by Inzunza, the claim be denied and referred to the City Attorney. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL EQUIPMENT PURCHASE 21. SUBJECT: City bids for vehicle purchases. ACTION: Motion by Morrison, that Council direct Staff. that in purchasing of common vehicles. vendors located in the City be given an opportunity to bid. Motion died for lack of a second. Consensus of the Council was to hold this item over pending a previously requested report from the City Attorney pertaining to weighing of bids. PUBLIC ORAL COMMUNICATIONS Theodore C. Stark, 3111 Cagle St., National City, spoke in opposition to potential Police lay-offs. Delores Fincher, 2131 E. 18th St., National City, spoke in opposition to potential Police lay-offs. Alfonso Hernandez, 2132 Euclid Avenue, National City, made inquiry of Staff regarding fleet vehicle purchases, homeless camp regulations and expressed his opinion on the Trash Franchise Fee increases being passed onto the consumers. Albert J. Paston, 3614 Cagle St., National City, spoke in opposition to potential Police lay-offs. Cecilia Kirk, 311 E. 2nd St., National City, representing We're Your Neighbors, invited Council to attend Wednesday evenings meeting and stated that she was opposed to the proposed name change of National City Boulevard to the Mile of Cars Boulevard. Alda West, 315 E. 3rd Street, National City, made inquiry as to the status of the Radisson Parking Structure. Mike Kreischer, 3811 Cagle St., National City, spoke in opposition to potential Police lay-offs. George Lazaruk, 199 1/2 Mace St., Chula Vista, spoke regarding the study of EDCO rates provided to the Council and reiterated that all facts provided were true and accurate unlike those being provided by the Public Works Director. Ted Muehleisen, 715 Rachael Ave., National City, spoke regarding a mixed message being sent on the "Buy Local" program and in support of the trash hauling contract being put out to bid. Book 75/Page 160 06/22/93 Closed Session was heard earlier, after Mayor's Presentations CLOSED SESSION CLOSED SESSION WITH CITY'S DESIGNATED REPRESENTATIVES UNDER GOVERNMENT CODE SECTION 54957.6. ADJOURNMENT Motion by Morrison, seconded by Zarate, in favor of adjourning to the Finance Committee Preliminary Budget Review - June 24. 1993 - 9:00 a.m. - Large Conference Room. Civic Center. The next Regular City Council Meeting will be July 13. 1993 - 7:00 p.m. - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 11:55 p.m. The foregoing minutes were approved at the Regular Meeting of July 13, 1993. M OR 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.