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HomeMy WebLinkAbout1993 11-09 CC MINpM Book 75/Page 272 11/09/93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 9, 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 Assistant City Manager Gerald Bolint. APPROVAL OF MINUTES Motion by Morrison, seconded by Dalla, the Minutes of the Regular Meeting of November 2, 1993 and the Adjourned Meeting of November 3, 1993 be approved. Carried by unanimous vote. PUBLIC HEARINGS PLANNED DEVELOPMENT PERMIT 1992 1. SUBJECT: Public Hearing - Appeal of Planning Commission Denial of a Planned Development Permit for construction of a 16-unit apartment complex at the northeast corner of Harbison Avenue and 16th Street. Applicant: Leah Issac, DBA Oren Builders. Case File No.: PD-1993-4. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended Council approve Planned Development Permit No. 1993-4 based on the findings attached to the Agenda and subject to the recommended conditions of approval. TESTIMONY: Vice Mayor Dalla gave a brief verbal and slide presentation depicting various lot developments, i.e. gas stations, strip malls, and apartment buildings in National City and adjoining cities. Everett J. Dickson, 2745 E. 14th Street, National City, spoke in support of the item. Cornelius J. O'Donnell, 5519 Alleghany Street, San Diego, spoke in opposition to the item. Book 75/Page 273 11/09/93 PLANNED DEVELOPMENT PERMIT 1992 (continued) Beverly Kolerich, 5504 Alleghany Street, San Diego, spoke in opposition to the item. Debra Bonnell, 1044 D Avenue, National City, spoke in opposition to the item. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in support of the item. Lynn Bonnell, 1524 Earle Drive, National City, spoke in opposition to the item. Mayor Waters declared the Public Hearing closed. Mayor Waters re -opened the Public Hearing for the developer. TESTIMONY: Ray Dracoules, representing Mrs. Issac, the owner, explained the project, answered questions, addressed concerns raised by neighborhood residents, and spoke in support of the project. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Dalla, seconded by Zarate, for approval of Planned Development Permit #PD-1993-4 based on the attached findings and subject to the recommended conditions of approval. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Zarate. Nays: Morrison, Waters. CABLE TV RATE/REGULATIONS ADMIN 1993 2. SUBJECT: Public Hearing - To consider adoption of applicable Rules and Regulations relating to Basic Cable Rate Regulation consistent with Federal requirements. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended that Council adopt the Rules & Regulations as contained in the proposed Resolution, a copy of which is attached to the Agenda and also listed separately under "Non Consent Resolutions." TESTIMONY: None. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Zarate, seconded by Inzunza, in favor. Carried by unanimous vote. Item No. 7 was heard at this time. NON CONSENT RESOLUTIONS Motion by Morrison, seconded by Inzunza, the Non Consent Resolutions be heard by title only. Carried by unanimous vote. Book 75/Page 274 11/09/93 NON CONSENT RESOLUTIONS (continued) CONTRACT 7. Resolution No. 93-176. 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 that Council approve the Franchise Agreement extension, and request automated single family residence service. TESTIMONY: David Allen, representing Niederfrank's Ice Cream, 726 A Avenue, National City, spoke regarding the good service provided by EDCO. Sandra Macias, Beauty Shop owner, 2401 Highland Avenue, National City, spoke regarding the good service provided by EDCO. Jack Moore, BFI Waste Systems, 1300 Wilson Avenue, National City, made inquiry of the Council and spoke in opposition to the extension of the EDCO Contract. Delores Fincher, 2131 E. 18th Street, National City, expressed her opinion on the trash issue and spoke in opposition to the proposed extension. Jorge Holland, Pacific Disposal, Inc., 3030 Shelby Drive, National City, spoke in opposition to the proposed extension, answered questions of the Council, and requested the opportunity to bid on the contract. Alfonso Hernandez, 2132 Euclid Avenue, National City, spoke in support of putting the contract out to bid. Sally Ocampo, 1006 7th Street, National City, spoke in opposition to the proposed EDCO extension. Mayor Waters read into the record names of other Disposal companies (copy on file in the Office of the City Clerk) urging the Council to put the contract out to bid and stated that the Council had received 86 notes commending EDCO's service. He also read into the record a letter from the National City Chamber of Commerce Director Mary Alice Taliak, in support of EDCO Service. Ed Burr, President of EDCO, 6670 Federal Boulevard, Lemon Grove, spoke in support of his firm's request for a contract extension and answered questions of the Council. Jose Ramos, 7530 Westbrook Avenue, San Diego, spoke on behalf of the EDCO employees in support of EDCO contract extension. Ralph Mendez, 1727 Grove Street, National City, spoke in support of putting the contract out to bid. Jack Moore, BFI, 1300 Wilson Avenue, National City, suggested all haulers be called upon to provide Mr. Williams with sample Requests for Proposal. ACTION: Motion by Della, seconded by Inzunza, to support the resolution for a fixed 5 year term contract only with the elimination of the Evergreen type contract. Carried by the following vote, to -wit: Ayes: Della, Inzunza, Zarate, Waters. Nays: Morrison. Book 75/Page 275 11/09/93 Mayor Waters called a recess. Council Members left the Council Chambers at 9:15 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. 93-172 through 93-173). NOTE: Councilman Morrison requested that Item No. 3, Resolution No. 93- 172 be pulled. ENCROACHMENT AGREEMENT ADMIN 3. Resolution No. 93-172. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH CHEVRON U.S.A. INC. FOR THE INSTALLATION OF FIVE MONITORING WELLS AT 8TH STREET AND ROOSEVELT AVENUE." ACTION: Motion by Morrison, seconded by Inzunza, for approval of Resolution No. 93-172. Carried by unanimous vote. COUNCIL POLICY MANUAL 4. Resolution No. 93-173. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO POLICY NUMBER 107 OF THE CITY COUNCIL POLICY MANUAL." ACTION: Motion by Inzunza, seconded by Dalla, in favor of Resolution No. 93-173. Carried by unanimous vote. NON CONSENT RESOLUTIONS Motion by Morrison, seconded by Inzunza, the Non Consent Resolutions be read by title only. Carried by unanimous vote. CABLE TV RATE/REGULATIONS ADMIN 1993 5. Resolution No. 93-174. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S CABLE TELEVISION BASIC SERVICE RATE RULES AND REGULATIONS AND ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE VIEW OF INTERESTED PARTIES IN CABLE TELEVISION RATE REGULATION PROCEEDINGS TAKEN HEREUNDER." RECOMMENDATION: Staff recommended that Council adopt the Resolution. Book 75/Page 276 11/09/93 CABLE TV RATE/REGULATIONS ADMIN 1993 (continued) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza in favor of Resolution No. 93-174. Carried by unanimous vote. PARKING ADMIN 1993 6. Resolution No. 93-175. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DIRECTING THE CITY MANAGER TO ESTABLISH A CIVIL PROCEDURE FOR PARKING PENALTIES PURSUANT TO STATE LAW (AB 408)." RECOMMENDATION: Staff recommended that Council adopt the Resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, in favor of Resolution No. 93-175. Carried by unanimous vote. Item No. 7 was heard earlier, after Item No. 2. CONTRACT. 7. Resolution No. 93-176. 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." ORDINANCES FOR INTRODUCTION Motion by Morrison, seconded by Inzunza the Ordinances be introduced by title only. Carried by unanimous vote. MUNICIPAL CODE 1993 PARKING ADMIN 1993 8. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1992 AND SECTION 11.32.400 OF THE NATIONAL CITY MUNICIPAL CODE, ADOPTING THE SAN DIEGO COUNTY PARKING PENALTY SCHEDULE AND PROVIDING FOR LATE PAYMENT PENALTIES." ZONING 9. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM ML TO CG-PD FOR APPROXIMATELY 14.8 ACRES WEST OF HIGHLAND AVENUE, SOUTH OF STATE ROUTE 54. APPLICANT: NU -WESTERN DEVELOPMENT CO. CASE FILE NOS. GP-1993-2/ZC-1993- 3." Book 75/Page 277 11/09/93 ORDINANCES FOR INTRODUCTION (continued) ZONING 10. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RM-1-PD TO IC FOR PROPERTY AT THE NORTHWEST CORNER OF 12TH STREET AND B AVENUE. APPLICANT: CITY OF NATIONAL CITY. CASE FILE NOS. GP-1993-1/ZC-1993-2." OLD BUSINESS STREET REO DRIVE EXTENSION 11. SUBJECT: Report regarding proposed costs for changing the name of Reo Drive to Plaza Bonita Center Way RECOMMENDATION: Staff requested direction from the Council. TESTIMONY: John Markey, Chief Traffic Design Branch, California Department of Transportation, answered questions of the Council. ACTION: Consensus of the Council was to continue this item for 2 weeks. NEW BUSINESS WARRANT REGISTERS 1993 12. SUBJECT: Warrant Register No. 18. Ratification of Demands in the amount of $134,311.97 (Warrant Nos. 128025 through 128102 inclusive excepting none) and Certification of Payroll in the amount of $379,401.70. RECOMMENDATION: Staff recommended ratification of these warrants. ACTJON: Motion by Morrison, seconded by Inzunza, recommend ratification of demands and certification of payroll. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining: None. TEMPORARY USE PERMITS 1993 13. SUBJECT: Request for use of Community Center by Committee to Reclaim our Neighborhoods and waiver of all fees. RECOMMENDATION: Staff recommended Council approve the use of the Community Center and the waiver of all fees. TESTIMONY: Cecilia Kirk, 311 E. 2nd Street, National City, answered questions of the City Council. ACTION: Motion by Zarate, seconded by Morrison, that the Committee to Reclaim Our Neighborhood has authority of the City Council to hold their general meetings, one per month, in the small conference room at the Community Center. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. Book 75/Page 278 11/09/93 MAYOR Mayor Waters requested that Planning Staff look into the control of the installation of public phones being installed throughout the city. The Mayor also request that the City Manager report on enforcement in the last four months for curfew violations by the Police Department. CITY COUNCIL Councilman Morrison spoke regarding the City of San Diego Ordinance on pay telephones, reported that the Trash Workshop with San Diego County has been postponed, and requested that the City Attorney look into implementing at a local level the Federal Government's anti -gang act. Vice Mayor Dalla requested that City Attorney Eiser review the freeway name change agreement and SANDAG Proposition A funds with regards to the Reo Drive/Plaza Bonita Center Way signage. PUBLIC ORAL COMMUNICATIONS Richard Sherman, 1236 E. 16th Street, National City, expressed a complaint with an orange truck that is parked across from the Post Office at 16th Street and G Avenue, and trees missing on 12th Street between C & D Avenues. Alda West was not present to speak. Kathy Smith, 3028 E. 11th Street, National City, read a prepared speech into the record requesting the City Manager have docketed for adoption by the City Council a Resolution in support of basic law enforcement and fire fighters to ensure the appropriate use of the Proposition 172 proceeds, and presented copies of the draft Resolution to the City Council (copy on file in the Office of the City Clerk. Alfonso Hernandez, 2132 Euclid Avenue, National City, expressed his opinion on the need to clean up thweasement area behind the Town & Country Shopping Center, at 22nd and Wilson, and at 22nd and Harding by the Public Works Yard. He also commented on the use of public property by businesses and private individuals at Sweetwater Road & Edgemere, and near Martin's Vogue in Flowers on 18th Street east of Palm Avenue. Louise Martin, 1527 E. 15th Street, National City, made inquiry as to how many saw Danny Saleaumua make a touchdown last night, and then inquire of Councilman Inzunza as to how he could listen to the Casino people after voting in 1989 and 1992 against casinos. Everett Dickson, 2725 E. 14th Street, National City, spoke regarding the Sewer Workshop and supported the decision to approve the apartment complex. Rita Heuss, 2121 E. 4th Street, National City, spoke regarding the citizens vote against casinos and inquired as to what part of no Councilman lnzunza didn't understand. Juanita Pinney, 2131 E. 1st Street, National City, stated she didn't understand why, when the majoKity voted against casinos, they keep coming back. Aileane Roberts, 845 E. 13th Street, National City, also expressed her concerns regarding casinos. Vice Mayor Dalla left the Council Chambers at 11:30 p.m. Vice Mayor Dalla returned to the Council Chambers at 11:31 p.m. Book 75/Page 279 11/09/93 ADJOURNMENT Motion by Morrison, seconded by Zarate, to adjourn to the next Regular City Council Meeting - November 16. 1993 - 4:00 p.m. - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 11:34 p.m. CITY CLERK The foregoing minutes were approved at the Regular Meeting of November 16, 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.