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HomeMy WebLinkAbout1991 01-15 CC MINBook 73/Page 12 1/15/91 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 15, 1991 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Waters. ROLL CALL Council members present: Dalla, Inzunza, Van Deventer, 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 Councilman Dalla. APPROVAL OF MINUTES Motion by Van Deventer, seconded by Inzunza, the minutes of the regular meeting of January 8, 1991 and the adjourned workshop meeting of December 17, 1990 and January 9, 1991 be approved. Carried by unanimous vote. BOARDS AND COMMISSIONS INTERVIEWS/APPOINTMENTS TRAFFIC SAFETY COMMITTEE Mayor Waters recommended approval of Vince Reynolds to the Traffic Safety Committee. NOTE: It was the consensus of the Council that no appointments will be made at the same Council Meeting as the interviews take place. The Mayor will provide the Council with his recommendation 1 week prior to placement on the Agenda, along with any resignation notices that are received. ACTION: Motion by Van Deventer, seconded by Dalla, for approval. Carried by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: Inzunza, Zarate. Mayor Waters then called on Assistant City Manager Gerry Bolint who introduced Brenda Hodges, the City's new Purchasing Director and Roger DeFratis, the new Personnel Director. Book 73/Page 13 1/15/91 ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolution No. 91-5). Motion by Van Deventer, seconded by Inzunza, for approval by title only. Carried by unanimous vote. CONTRACT 1. Resolution No. 91-5. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A MODIFIED AGREEMENT WITH RUTH AND GOING, INC. TO PROVIDE PROFESSIONAL SERVICES TO PERFORM A SPACE NEEDS ASSESSMENT STUDY FOR THE POLICE DEPARTMENT, AND RESCINDING RESOLUTION NO. 16,378. Adopted. See above. OLD BUSINESS WATER CONSERVATION 2. SUBJECT. Presentation of Draft Special Act District Legislation for Formation of the San Diego Area Wastewater Management District (Metro II). **Continued from Council Meeting of 1/8/91** RECOMMENDATION: Staff recommends providing guidance to Governance Advisory Group representative, Vice Mayor Inzunza. Mayor Waters read into the record a letter submitted by Chula Vista stating their support with two conditions. Public Works Director Curt Williams added further comment and answered Councils' questions. TESTIMONY: Dave Schlesinger, Manager of the Clean Water Program, 5919 Wheatstock Lane, Bonita, answered the Councils' questions. ACTION: Motion by Inzunza, seconded by Van Deventer, to support the idea of a special act district for the Governance Advisory Board of Metro II with the two conditions put forth by Chula Vista. (Copy of the letter with conditions from Chula Vista on file in the Office of the City Clerk). Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1990 3. SUBJECT: Warrant Register No. 28. Ratification of Demands in the amount of $193,619.66 (Warrant Nos. 114299 through 114365 inclusive excepting none) and Certification of Payroll in the amount of $423,963.96. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Motion by Van Deventer, seconded by Inzunza, in favor. Warrants carried by the following vote, to - wit: Ayes: Dalla, Inzunza, Van Deventer, Zarate, Waters. Nays: None. Book 73/Page 14 1/15/91 WRITTEN COMMUNICATIONS BUDGET FY90-91 4. SUBJECT: Request for donation from the Nat -Par Colt Baseball League to help pay for insurance, equipment, and other League needs. RECOMMENDATION: None. ACTION: Motion by Van Deventer, seconded by Inzunza, in favor of the $250. request. Carried by unanimous vote. BUDGET FY90-91 5. SUBJECT: Request for donation from the National City Pony League to help purchase insurance and equipment for the League. RECOMMENDATION: None. ACTION: Motion by Van Deventer, seconded by Inzunza, in favor of the $250. request. Carried by unanimous vote. OTHER BIJJSINESS CONDITIONAL USE PERMIT 6. SUBJECT: Notice of Decision - Planning Commission Resolution No. 1-91 approving a Conditional Use Permit for the sale of beer and wine within a market at 303 Highland Avenue. (Applicant: Sam Najjar, Highland Opportunities) (Case File No. CUP-1990-19). RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. ACTION: Motion by Van Deventer, seconded by Zarate, in favor. Carried by the following vote, to -wit: Ayes: Inzunza, Van Deventer, Zarate, Waters. Nays: Dalla. FINANCIAL MANAGEMENT 7. SUBJECT: Single Audit Reports and Comprehensive Annual Financial Report for the year ended June 30, 1990. RECOMMENDATION: Staff recommends that the reports be accepted and filed. ACTION: Motion by Van Deventer, seconded by Inzunza, they be filed. No objection as filed. BUDGET FY90-91 8. SUBJECT: Donation to the San Diego Regional Fire and Emergency Services Foundation. RECOMMENDATION: Staff recommends approval as submitted. ACTION: Motion by Van Deventer, seconded by Inzunza, in favor. Carried by unanimous vote. Book 73/Page 15 1/15/91 STREET TREE REMOVALS 1991 9. SUBJECT: Street Tree Removals and Replacements. RECOMMENDATION: Staff recommends approval, to -wit: Florence Bowels, 912 E. 16th Street, request to remove tree denied due to lack of visible damage. Committee recommends trimming and root prune. Howard P. Peterson, 2620 Virginia Dr., request removal of three Camphor trees due to damaged sidewalk, curbing, and street; approved with three replacements. ACTION: Motion by Van Deventer, seconded by Dalla, for approval. Carried by unanimous vote. CABLE TV/COX 10. SUBJECT: Annual status Diego. RECOMMENDATION: Staff recommends that received and filed. ACTION: Motion by Van Deventer, the report be received and filed. filed. report submitted by Cox Cable, San the report be seconded by Inzunza, No objection as CABLE TV/ULTRONICS 11. SUBJECT: Semi-annual status report submitted by Ultronics, Inc. RECOMMENDATION: Staff recommends that the report be received and filed. ACTION: Motion by Van Deventer, seconded by Inzunza, the report be received and filed. No objection as filed. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - Mayor Waters noted that it is National City's turn to host the League of Cities Dinner (April 1991) and suggested it be held at the Radisson Inn. Mayor Waters read into the record a letter he received stating that the State Department of Health Services would be holding a Community Meeting on the status of Nelco Oil refining site on Wednesday, February 20, 1991 at 7:00 p.m. at the Kimball Elementary School Auditorium. (Copy on file in the Office of the City Clerk). Mayor Waters also read into the record a report concerning Water Consumption in the City of National City. (Copy on file in the Office of the City Clerk). Book 73/Page 16 1/15/91 CITY COUNCIL - No report. PUBLIC ORAL COMMUNICATIONS - Allen Olson, 970 E. J Street, Chula Vista, read a statement into the record expressing his opinion on City Government. Verbatim request: -Good evening. My name is James--Masseo, I represent Valley Produce and Food Market, you might remember me, I was here a week ago when you denied my clients' application for Conditional Use Permit. Tonight, you signed his death warrant by granting a Conditional Use Permit on a business just down the block -from him. I notice that last week when his Item was on the Agenda, almost 30 minutes was spent discussing it with Council. Tonighttherewas no discussion, there was a 4-1 vote. I don't think the actions the Council's taken are fair, I think they -are discriminatory and -I think they are capricious.- You put a big business in, you allow them to sell beer and wine in the same Police beat that has supposedly a high crime -area --in this City which was the basis for your reason of denial of my clients' permit. I don't think what you've done tonight is fair to my client and I don't think it's fair to the citizens of this City. What I'm asking the Council to do is to reassess their decision last week, reconsider their vote to put the matter back on the Agenda for a Public Hearing and give my client another chance in light of the action that it took tonight. Thank you. Mayor Waters; Does the Council want to consider putting this on the Agenda for next week? You're the ones that voted it down, you'-ll have -to do that. The ones that voted, the majority will have to bring it back on. Is there anyone here that would like to -put it on next weeks Agenda? I don't see anybody come forward. Della: Don't panic I just want to make a comment. Mayor: Mr. Dalla. Dalla: Yes, since -I voted both weeks the same way, I have no problem with commenting on the issue you raised. It's always been my understanding that each Conditional Use Permit is considered on it's own merits and that your client, one of the things that you represent, is that last week and even today is that we've "signed his death warrant," and we've killed him and that sort of thing, as far as I'm concerned in terms of both businesses, they opened food stores. Your client opened a food and produce, I think that's the name of it, Produce and . . . Masseo: Valley Produce. Dalla: Valley Produce. He didn't open Valley -Liquor, he -opened Valley Produce and the idea is to open a produce and a food store Book 73/Page 17 1/15/91 Verbatim (continued) and make a living at it. If they can't make a living selling what they opened to sell, then they shouldn't be in business. And I feel the same way about this other store and I can look you in the eye and tell you that's how I feel about it and I was consistent. I don't begrudge the Council their reasoning, but each one is taken on it's own merits and I don't want to pretend to put words in their mouths on the reasons that they voted the way they did this week, but I'd have no quarrel with that. But as far as your client, last week I didn't say anything and I will say it this week. He opened a food business. He went into business and business is a risk, but he didn't open a liquor store, he opened a food establishment and that's what he should sell and if he can't make a living doing that then probably there might be too many food stores around and he should have chosen another business. I have no problem with voting last week and this week the way that I did, and I -don't think we're singling out your client any more than we have anyone else because we have turned down other establishments, we have voted against other establishments and we've approved some. Doing it for one do-esn't mean, just like last week, it's automatic for all the rest of them and I just wanted you to know how I felt about it. Masseo: Well, I appreciate your comments, I just wanted to state my position for the record. Thank you. Novelle Ballenger,• 1317 D Avenue, Kimball Towers, representing Kimball Tower residents, requested the Council instigate action to get Cox Cable to lower their cable rates. ADJOURNMENT Motion by Van Deventer, seconded by Dalla, the meeting be adjournedto the City Council Workshop - 1990-91-Neighborhood Improvement Program - January 16, 1991 - 2:00 p.m. Large Conference Room, Civic Center. Carried by the unanimous vote. The Next Regular City Council Meeting will be January 22, 1991 7:00 p.m. - Council Chambers, Civic Center. CITY CLERK The -foregoing minutes were approved at the regular meeting of January 22, 1991. I/Ore MAY CITY OF NA Y, 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.