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HomeMy WebLinkAbout1993 10-05 CC MIN0. Book 75/Page 236 10/05/93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 5, 1993 The Regular Meeting of the City Council of the City of National City was called to order at 4:02 p.m. by Mayor Waters. ROLL CALL Council members present: Morrison, Zarate, Waters. Absent: Dalla, Inzunza. Administrative officials present: Bolint, Eiser, Myers, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by Assistant City Manager Gerald Bolint, followed by the invocation by Assistant City Manager Gerald Bolint. Mayor Waters requested a moment of silence at this time for Luther G. "Joe" Reid, former city councilman of National City, who died on September 24, 1993. APPROVAL OF MINUTES Motion by Morrison, seconded by Zarate, the Minutes of the Regular Meeting of September 28. 1993 be approved. Carried by unanimous vote. Absent: Dalla, Inzunza. PROCLAMATIONS Motion by Zarate, seconded by Morrison, the Proclamations be approved and read in their entirety. Carried by unanimous vote. Absent: Dalla, Inzunza. The Proclamation proclaiming the month of October 1993 to be "ESCROW MONTH" was read aloud in its entirety by Mayor Waters, who then gave it to the Assistant City Manager to forward to the appropriate people. The Proclamation proclaiming October 9, 1993 to be "SWEATER SATURDAY DAY" was read aloud in its entirety by Mayor Waters, who then presented the Proclamation to Patricia Barnes, of the Community Relations Department of San Diego Gas and Electric Company. Book 75/Page 237 10/05/93 Mayor Waters then deviated from the Agenda to introduce Edith Hughes, Executive Director of the National City Chamber of Commerce, who thanked the City Council and City Department Heads for all of the cooperation over the years, and introduced her replacement, Mary Alice Taliak. PUBLIC HEARINGS CONTRACT 1. SUBJECT: Public Hearing - Honeywell, Inc., Comprehensive Energy Conservation Program. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended that a Public Hearing be held and testimony be taken. NOTE: Public Works noted a correction to page one of the proposal: the Community Center at 140 E. 12th Street is no longer part of the contract. TESTIMONY: None. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Morrison, seconded by Zarate, to approve the award of the contract. Carried by unanimous vote. Absent: Dalla, Inzunza. COMMUNITY DEVELOPMENT HOME INVESTMENT CHAS 1993 2. SUBJECT: Public Hearing - Comment and review of the five-year Comprehensive Housing and Affordability Strategy (CHAS). NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the Community Development Commission.. RECOMMENDATION: Staff recommended that a Public Hearing be held and testimony be taken. TESTIMONY: Rusty Roades, of Cotton & Beland Associates, explained the purpose of the CHAS Study and answered questions of the Council. Mayor Waters declared the Public Hearing closed. ACTION: No action required. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 93-134 through 93-136). NOTE: Mayor Waters requested that Item #4, Resolution No. 93-135 be pulled. Councilman Morrison requested that Item #3, Resolution No. 93-134 be pulled. Motion by Zarate, seconded by Morrison, in favor of Consent Resolutions by title only (except Item Nos. 3 & 4. Resolution Nos. 93-134 and 93-135). Carried by unanimous vote. Absent: Dalla, Inzunza. Book 75/Page 238 10/05/93 CONSENT CALENDAR (continued) DEEDS & EASEMENTS 5. Resolution No. 93-136. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING AN EASEMENT TO THE NATIONAL CITY JOINT POWERS FINANCING AUTHORITY FOR THE INSTALLATION OF AN EMERGENCY GENERATOR FUEL TANK ON 12TH STREET FOR THE POLICE FACILITY." ACTION: Adopted. See above. STREET REO DRIVE EXTENSION ADMIN 3. Resolution No. 93-134. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ALGERT ENGINEERING, INC. TO PROVIDE CONSTRUCTION SURVEYING SERVICES FOR THE EXTENSION OF REO DRIVE FROM VALLEY ROAD TO SWEETWATER ROAD. (ENGINEERING SPEC. NO. 92-7)." ACTION: Motion by Morrison, seconded by Waters, to accept Resolution No. 93-134. Carried by unanimous vote. Absent: Dalla, Inzunza. GRANT/LAW ENFORCEMENT 4. Resolution No. 93-135. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO SUBMIT GRANT PROPOSAL TO THE OFFICE OF CRIMINAL JUSTICE PLANNING, TO EXECUTE GRANT AWARD AGREEMENT AND TO SIGN ALL GRANT DOCUMENTS." NOTE: City Attorney Eiser stated that it was brought to his attention that standard language in paragraph three was erroneously included and should be deleted. ACTION: Motion by Morrison, seconded by Zarate, in favor of Resolution No. 93-135 with the correction noted by the City Attorney. TESTIMONY: Police Chief Reesor requested Sergeant Iglesias' comment on the paragraph in question. Sergeant Iglesias stated that it was his understanding the paragraph needed to be included and explained why. The City Attorney stated he would meet with Sergeant Iglesias and make the necessary corrections, but as currently written the paragraph was not appropriate. ACTION: Amended Motion by Morrison, seconded by Zarate, in favor of Resolution No. 93-135 with the City Attorney to make the necessary corrections. Carried by unanimous vote. Absent: Dalla, Inzunza. NON CONSENT RESOLUTIONS Motion by Morrison, seconded by Zarate, in favor of Non Consent Resolutions by title only. Carried by unanimous vote. Absent: Dalla, Inzunza. Book 75/Page 239 10/05/93 NON CONSENT RESOLUTIONS (continued) REVENUE & TAXATION ADMIN 6. Resolution No. 93-137. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AGREEING THAT THE ALTERNATIVE METHOD OF DISTRIBUTION OF PROPERTY TAX LEVIES BE APPLICABLE TO TAX LEVIES MADE BY THE COUNTY OF SAN DIEGO ON BEHALF OF THE CITY OF NATIONAL CITY." ACTION: Motion by Zarate, seconded by Morrison, in favor of Resolution No. 93-137. Carried, by unanimous vote. Absent: Dalla, Inzunza. CONTRACT 7. Resolution No. 93-138. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A HOME AND BUILDING CONTROL AGREEMENT AND A LEASE -PURCHASE AGREEMENT WITH HONEYWELL, INC. AND A CONSENT TO ASSIGNMENT TO LA SALLE NATIONAL BANK, AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE RELATED DOCUMENTS." ACTION: Motion by Zarate, seconded by Morrison, in favor of Resolution No. 93-138. Carried by unanimous vote. Absent: Dalla, Inzunza. OLD BUSINESS CODE ENFORCEMENT/GRAFFITI ERADICATION 8. SUBJECT: City Graffiti Abatement Program. RECOMMENDATION: Staff recommended that Council authorize staff to proceed with the purchase of equipment required to implement the removal of graffiti in city parks utilizing existing Parks Department personnel. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, to approve the concept and authorize staff to proceed with the purchase of equipment required to implement the removal of graffiti in city parks utilizing existing Parks Department personnel. Carried by unanimous vote. Absent: Dalla, Inzunza. NEW BUSINESS WARRANT REGISTERS 1993 9. SUBJECT: Warrant Register No. 13. Ratification of Demands in the amount of $370,530.68 (Warrant Nos. 127653 through 127739 inclusive excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Morrison, seconded by Zarate, in favor. Warrants carried by the following vote, to -wit: Ayes: Morrison, Zarate, Waters. Nays: None. Abstaining: None. Absent: Dalla, Inzunza. ABATEMENT CASES 10. SUBJECT: Appeal of Notice to Clean Premises at 2917 "L" Avenue directed to property owner Julian M. Harmston. RECOMMENDATION: Staff recommended that the appeal be denied. • Book 75/Page 240 10/05/93 ABATEMENT CASES (continued) TESTIMONY: Mayor Waters read Mr. Harmston's letter into the record (copy on file in the office of the City Clerk). ACTION: Motion by Morrison, seconded by Zarate, the appeal be denied. Staff to wait thirty days prior to pursuing legal action. Carried by unanimous vote. Absent: Dalla, Inzunza. TEMPORARY USE PERMITS 1993 11. SUBJECT: Temporary Use Permit - Seafood City Supermarket requests a TUP to conduct a Filipino -Mexican cultural show and singing contest in the parking lot at 1420 E. Plaza Blvd. from 10 a.m. to 4 p.m. on Saturday, October 23, 1993. Waiver of fees is also requested. RECOMMENDATION: Staff recommended that Council approve the Temporary Use Permit subject to compliance with all conditions and grant the request for a waiver of fees. TESTIMONY: Euillermo Rivas, Seafood City Manager, 1420 E. Plaza Blvd., National City, answered questions of the Council. ACTION: Motion by Zarate, seconded by Morrison, in favor of the Temporary Use Permit with denial of the request for waiver of fees. Carried by unanimous vote. Absent: Dalla, Inzunza. LEAGUE OF CALIFORNIA CITIES ADMIN 12. SUBJECT: Designation of Voting Delegate for League Annual Conference. RECOMMENDATION: Staff recommended that Council appoint a delegate and alternate. TESTIMONY: Mayor Waters recommended that Assistant City Manager Gerald Bolint be appointed as the delegate, with Planning Director Roger Post as an alternate. ACTION: Motion by Zarate, seconded by Morrison, in favor of the Mayor's recommendation. Carried by unanimous vote. Absent: Dalla, Inzunza. FIRE DEPARTMENT ADMIN 13. SUBJECT: National Observation of the Tribute to Fallen Firefighters on October 10, 1993. RECOMMENDATION: Staff recommended that Council approve the request. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, in favor of the request. Carried by unanimous vote. Absent-. Dalla, Inzunza. STREET TREE & PARKWAY COMMITTEE ADMIN 14. SUBJECT: Street Tree Committee Minutes. RECOMMENDATION: Staff recommended that Council approve the minutes. TESTIMONY: Ed Pieters, 1940 McKinley Avenue, National City, expressed concerns on behalf of the Street Tree Committee members regarding the poor condition of street trees being planted under the Street Tree Beautification Program. Book 75/Page 241 10/05/93 STREET TREE & PARKWAY COMMITTEE ADMIN (continued) ACTION: Motion by Zarate, seconded by Waters, for approval. Carried by unanimous vote. Absent: Dalla, Inzunza. ASSISTANT CITY MANAGER - No report. CITY ATTORNEY City Attorney Eiser reported that in the case of the City of National City v. Weiner (Chuck's Books), the United States Supreme Court has declined to hear the case, so the decision of the California Supreme Court in favor of the City, and upholding our ordinance, is final. Councilwoman Zarate thanked City Attorney Eiser and Assistant City Attorney Harter for all of their hard work. All present in the Council Chambers applauded. OTHER STAFF Parks & Recreation Director Jim Ruiz reported that Edna Bachand, who was a Recreation Supervisor with the City for over 25 years, passed away on October 1, 1993. Services will be held tomorrow, October 6, 1993 at 1 p.m. at Berge Roberts Mortuary, 607 National City Blvd., National City. MAYOR Mayor Waters reported that Western Lumber has proposed the sale of the wholesale portion of its lumber business and transfer its leasehold interest to approximately 352,714 square feet of area to Weyerhauser. It also proposes to sell the retail mill and the truss portion of that business and transfer its leasehold interest of 740,527 square feet of land to Dixieline Lumber. CITY COUNCIL TEMPORARY USE PERMITS 1993 Councilwoman Zarate distributed a flyer (copy on file in the Office of the City Clerk) regarding a Community Forum For Our Youth, "A Time For Action" sponsored by the Committee to Reclaim Our Neighborhoods. The Committee is requesting the use of the National City Community Center on Thursday, October 14, 1993 at 7 p.m. and also requests a waiver of fees. TESTIMONY: Cecilia Kirk, 311 E. 2nd Street, National City, answered questions of the Council. ACTION: Motion by Waters, seconded by Morrison, to bring this item onto the Agenda, as the need to take action arose after the posting of the Agenda. Carried by unanimous vote. Absent: Dalla, Inzunza. Motion by Morrison, seconded by Zarate, to approve the request and the waiver of fees. Carried by unanimous vote. Absent: Dalla, Inzunza. Councilman Morrison provided a brief verbal update on the County landfill situation. Councilwoman Zarate requested that City Attorney Eiser investigate the flower vendors at the intersection of Plaza and Palm which are affecting the traffic flow and also the illegal sign by California Produce. Book 75/Page 242 10/05/93 PUBLIC ORAL COMMUNICATIONS Alfonso Hernandez, 2132 Euclid Avenue, National City, declined to speak. Cecilia Kirk, 311 E. 2nd Street, National City, expressed complaints with a kiosk outside the HOP Restaurant; a parking lot sale by the Bargain Center; a daily shoe sale at Highland and Division; and a weekly yard sale on "D" Avenue every Wednesday through Saturday. Councilman Morrison requested that the Planning Director look into the original agreement with Bay Plaza Shopping Center on the removal requirements of the kiosk. ADJOURNMENT Motion by Morrison, seconded by Zarate, to adjourn to the next Regular City Council Meeting - October 12, 1993 - 7:00 p.m. - Council Chambers. Civic Center. Carried by unanimous vote. Absent: Dalla, Inzunza. The meeting closed at 5:43 p.m. CITY CLERK The foregoing minutes were approved at the Regular Meeting of October 12, 1993. GD. MAYOR 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.