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HomeMy WebLinkAbout1991 04-23 CC MINBook 73/Page 104 4/23/91 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY. CALIFORNIA APRIL 23. 1991 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, Van Deventer. Zarate, Waters. Administrative officials present: Bolint. Eiser, McCabe, Myers, 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 Zarate, the minutes of the regular meeting of April 16, 1991 be approved. Carried by unanimous vote. PROCLAMATIONS Motion by Van Deventer. seconded by Dalla, the Proclamation be accepted by title only. Carried by unanimous vote. The Proclamation proclaiming April 23, 1991 to be: "NATIONAL YOUTH SERVICE DAY." was read aloud in full by Mayor Waters who gave it to the City Manager to forward to the appropriate people. Mayor Waters stated that he and the City Manager had met with the Commissioners of the Port District and asked them to establish a C.I.P. program that would include all of the major projects the five Cities of the South Bay would like to see accomplished. National City's request is around $11.000,000. They set up 2 committees. 1 to oversee the Library, requested by Mayor O'Connor. the second to oversee projects requested by other cities. The Port District Board agreed with their suggestion and appointed 3 Port Commissioners to discuss the programs that the City Council has authorized the Mayor to request. Book 73/Page 105 4/23/91 Closed session was heard at this time. CLOSED SESSION CLOSED SESSION FOR PENDING LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(A) (HOGLE V. CITY OF NATIONAL CITY) ACTION: Motion by Van Deventer, seconded by Inzunza, in favor. Carried by unanimous vote. Council left the Council Chambers at 7:11 p.m. Council returned to the Council Chambers at 7:42 p.m. ROLL CALL Council members present: Dalla, Inzunza, Van Deventer, Zarate, Waters. PRESENTATIONS REDEVELOPMENT/DOWNTOWN William J. Barkett - Update report on the 8th and National City Boulevard Downtown Development project. William J. Barkett stated that he had received financing for the project at 4:00 p.m. 4/23/91. He suggested that the City Council form a committee to meet directly with the lender. ACTION: Motion by Van Deventer. seconded by Inzunza, for a committee of the Mayor, Councilman Van Deventer, the City Manager and the City. Attorney to meet with the lender. Carried by unanimous vote. PUBLIC HEARINGS ZONING 1991 1. SUBJECT: Public Hearing - Amendment to Title 18 (Zoning) of the National City Municipal Code regarding Outdoor Sales of Merchandise. (Applicant: City of National City) (Case File No. A-1991-1). NOTE: Affidavit of Mailing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommends that the City Council choose Alternative E. to -wit: Retain Current Regulations. The current regulations allow for extension of frequency and/or duration of outdoor sales with Council approval. TESTIMONY: Jack Sands. 1439 Sweetwater Road. General Manager of the National City Golf Course spoke in favor of the un- restricted outdoor sales at the Golf Course and answered Councils' questions. Book 73/Page 106 4/23/91 ACTION: Mayor Waters declared the Public Hearing Closed. Motion by Van Deventer, seconded by Inzunza, in favor of Alternate A which would be the permanent outdoor display with the condition that there would be no one except the Golf Course in the designated area. ACTION: Maker and second agreed to amend the motion to specify the designated area to be a 10' x 15' space directly in front of the Pro Shop. ACTION: Maker and second agreed to amend the motion from Alternate A to Alternate B and specify the designated area size of 10' x 15' directly in front of the Pro Shop and close the Public hearing. ACTION: Maker and second agree to amend motion to include reguirreed_approval of a site plan by the Planning Director. Carried by the following vote, to -wit: Ayes: Inzunza. Van Deventer, Waters. Nays: Dalla, Zarate. CONDITIONAL USE PERMIT APPEAL 2. SUBJECT: Public Hearing - Appeal of Conditional Use Permit conditions for the reconstruction of a fast food restaurant at 1630 Highland Avenue. (Applicant: Robert Paradise, McDonald's Corporation) (Case File No. CUP-1990-17). NOTE: Affidavit of Mailing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff agrees with the Planning Commission's approval, findings and conditions, but has provided revised conditions for Council's consideration. TESTIMONY: Robert Lombardi. a representative of McDonald's Corporation, 4370 La Jolla Village Dr.. San Diego. spoke in favor of his appeal to have 109 seats and answered Councils' questions. ACTION: Mayor Waters declared the Public Hearing closed. Motion by Dalla, for approval of the Planning Commissions' recommendation. Motion died for lack of second. ACTION: Motion by Van Deventer, seconded by Waters, in favor of the revised conditions. the use of 109 seats with the conditions that Mr. Post has outlined in the revised conditions A & B. No vote taken. ACTION: Motion by Van Deventer. seconded by Waters, to hold this Item over for two weeks to May 7, 1991 at 4:00 pm. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 91-66 through 91- 73). Motion by Van Deventer, seconded by Inzunza, for._approv_al. Carried by unanimous vote. Book 73/Page 107 4/23/91 PARKING ADMINISTRATION 1991 3. Resolution No. 91-66. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A RED BUS ZONE ON EIGHTH STREET, EAST OF HARBOR DRIVE." Adopted. See above. CONTRACT 4. Resolution No. 91-67. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CALIFORNIA CORPORATE BENEFITS TO PERFORM EMPLOYEE BENEFITS CONSULTING." Adopted. See above. BUDGET TRANSFER 1991 5. (a) Resolution No. 91-68. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND TRANSFER OF FUNDS FOR THE REPLACEMENT OF LIBRARY LIGHTING FIXTURES PROJECT." (C.I.P. Project No. 1519). Adopted. See above. CONTRACT (b) Resolution No. 91-69. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING PRECISE CONSTRUCTION MANAGEMENT TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PRECISE CONSTRUCTION MANAGEMENT FOR THE REPLACEMENT OF LIBRARY LIGHTING FIXTURES." (C.I.P. Project No. 1519). Adopted. See above. City Attorney Eiser noted that on Resolution No. 91-69, in the Resolution as prepared, the title refers to "Precise Construction Management". In the body of the Resolution it refers to "Precision Construction Management." The correct name is "Precise Construction Management" as indicated in the title and the Resolution would be changed accordingly. CONTRACT 6. Resolution No. 91-70. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING NIEMAN CONSTRUCTION TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NIEMAN CONSTRUCTION FOR FIRE STATION SHOWER REPAIRS." (C.I.P. Project No. 1520). Adopted. See above. BUDGET FY90-91 7. (a) Resolution No. 91-71. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS FOR USE IN ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1990-1991." Adopted. See above. BUDGET FY90-91 (b) Resolution No. 91-72. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1990-1991." Adopted. See above. E3ook 73/Page 108 4/23/91 STRATEGIC PLANNING COMMITTEE 8. Resolution No. 91-73. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THAT THE COMMISSIONERS OF THE SAN DIEGO UNIFIED PORT DISTRICT APPROPRIATE FUNDS FOR F.Y. 1991- 1992 CAPITAL IMPROVEMENT PROJECTS AND ESTABLISH A STRATEGIC PLANNING COMMITTEE TO DEVELOP A FULL 5-YEAR C.I.P PROGRAM." Adopted. See above. ORDINANCES FOR ADOPTION Motion by Van Deventer. seconded by Inzunza, the Ordinance be accepted by title_only. Carried by unanimous vote. MUNICIPAL CODE 1991 9. "AN INTERIM ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE OPENING OF ADULT BUSINESSES WITHIN THE CITY." RECOMMENDATION: Staff recommends enacting the Ordinance. ACTION: Motion by Della, seconded by Van Deventer, for approval of Ordinance No. 91-2008. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1990 10. SUBJECT: Warrant Register No. 42. Ratification of Demands in the amount of $161.477.26 (Warrant Nos. 115765 through 115882 inclusive excepting none) and Certification of Payroll in the amount of $446,936.55. RECOMMENDATION: Staff recommends the warrants be ratified and the payroll certified. ACTION: Motion by Zarate, seconded by Inzunza, for approval. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Van Deventer, Zarate, Waters. Nays: None. WRITTEN COMMUNICATIONS BUDGET FY90-91 11. SUBJECT: Request for donation from the National City American Little League to help purchase needed equipment. RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Inzunza, for approval of $250. Carried by unanimous vote. OTHER BUSINESS PLANNED DEVELOPMENT PERMIT 12. SUBJECT: Notice of Decision - Planning Commission Resolution No. 13-91 approving a Planned Development Permit for construction of a 2-story. 2,750 sq. ft. commercial building at the northeast corner of Sweetwater Road and Euclid Avenue. (Case File No. PD- 1991-1) (Applicant: Robert Lawrence). Book 73/Page 109 4/23/91 RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Robert Lawrence, Lloyd-Brummett Lock and Safe. 1860 Sweetwater Road, National City. spoke to the issue of turns and signage for the property and agreed to authorize enforcement by the National City Police Department. ACTION: Motion by Van Deventer. seconded by Inzunza. the Notice of Decision be filed. Carried by unanimous vote. VARIANCE 1991 13. SUBJECT: Notice of Decision - Planning Commission Resolution No. 15-91 approving a Zone Variance Application for one parcel with no street frontage at 1626 Orange Avenue. (Case File No. Z-11-90) (Applicant: Wayne and Debra Hirschy). RECOMMENDATION: Staff concurs with the Planning Commission and recommends the Notice of Decision be filed. ACTION: Motion by Van Deventer, seconded by Inzunza, this item be filed. No objection as filed. TRAFFIC SAFETY COMMITTEE 14. SUBJECT: Reconsideration of a Traffic Safety Committee action to deny installation of a 4-way stop at 6th Street and "M" Avenue. RECOMMENDATION: Staff recommends not installing a 4-way Stop because City warrants are not met. TESTIMONY: Bill Keister, 427 'M' Avenue, National City. spoke regarding the speed and parked vehicles that had been hit on their street. ACTION: Motion by Van Deventer, seconded by Dalla, to_lay this Item over for 2 weeks, (for Staff to report on alternatives). Carried by unanimous vote. Mayor Waters read into the record an editorial from the Star News dated 4-20-91 regarding the new Police Photo Radar Unit. CONTRACT 15. SUBJECT: Consider award of Bid for the City Council and Administrative Office Remodeling. RECOMMENDATION: Staff recommends Council giving direction as to how to proceed with the project. ACTION: Motion by Van Deventer, seconded by Inzunza, in favor of Staffs' recommendation. Carried by unanimous vote. City Attorney Eiser stated that the Bid Award is typically done by Resolution and in anticipation that the Council would award the bid this evening he had prepared a Resolution. ACTION: Motion by Dalla. seconded by Van Deventer. the Resolution be introduced by title only. Carried by unanimous vote. Book 73/Page 110 4/23/91 Resolution No. 91-74. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING BARBOT CONSTRUCTION COMPANY TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BARBOT CONSTRUCTION COMPANY FOR TENANT IMPROVEMENTS FOR CITY ADMINISTRATION OFFICES." ACTION: Motion by Van Deventer. seconded by Inzunza, in favor of Resolution No. 91-74. Carried by unanimous vote. TEMPORARY USE PERMIT 16. SUBJECT: Temporary Use Permit - Maytime Band Review. RECOMMENDATION: Staff recommends approving the Temporary Use Permit subject to all conditions. to -wit: Finance: A list of the approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department. A business license is required of all vendors. If any of the vendors or organizations are registered not -for -profit there will not be a fee charged for the business license. Parks & Rec: Will coordinate organizational meeting on 4-19-91. City Attorney: Requires hold harmless, public liability insurance with City and its officers and employees as additional insureds, and with limits to be determined by Risk Manager. Public Works: requires significant involvement in this function. Risk Manager: Provide one million dollars general liability insurance. name the City of National City, its officials, agents, employees & volunteers as additional insured. Execute hold harmless and grant the request for waiver of fees. The applicant plans to appeal the City's insurance requirements. ACTION: Motion by Van Deventer. seconded by Inzunza, for approval'. of the TUP subiect to all conditions and grant the request for Waiver of Fees. Carried by unanimous vote. COUNCIL WORKSHOP 17. SUBJECT: Recommendation for a City Council Workshop regarding Sewer RECOMMENDATION: Staff recommends the City Council establish a workshop regarding sewer service, current and future in the City of National City on Wednesday, May 1. 1991 at 3:30 p.m. ACTION: Motion by Van Deventer. seconded by Dalla, to set the Workshop. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. Book 73/Page 111 4/23/91 MAYOR - Mayor Waters read into the record a letter from the City of Del Mar thanking the City for an enjoyable California League of Cities Dinner that was held at Granger Music Hall. (Copy on file in the Office of the City Clerk). Mayor Waters also read into the record a letter from Grant Sad, 2324 'K' Avenue. praising the Police Department for an outstanding job in assisting he and his wife. (Copy on file in the Office of the City Clerk). Mayor Waters mentioned he also had received a letter from McDonalds Corporation praising the Police Department for their actions on Friday and Saturday nights. Mayor Waters read into the record a letter from Sweetwater High School District thanking the Mayor and City Council for their assistance with the students' park/lunch area project. (Copy on file in the Office of the City Clerk). Mayor Waters also read into the record a fact sheet on Nelco Oil Refining. The new contact for the State Department of Health Services is Christine Caseres. (Copy on file in the Office of the City Clerk. CITY COUNCIL REVENUE AND TAXATION 18. SUBJECT: Local tax on Aerosol Paint Containers and Felt Tip Markers for removal and prevention of Graffiti - AB 3580. RECOMMENDATION: None. TESTIMONY: Councilman Van Deventer made a brief statement regarding a new California Code, Section 7287, copies of which were distributed to the City Council and are file in the Office of the City Clerk. The Item was then referred to Staff for further investigation. the results to be presented to the City Council. COMMUNITY PROMOTION 19. SUBJECT: Proposed outline of events - "Armed Forces Salute." RECOMMENDATION: None. ACTION: Motion by Dalla, to approve in concept with reports to come back as more information becomes available and that we refer the cost to the City Budget review and the CDC Budget review. Motion died for lack of second. ACTION: Motion by Dalla, seconded by Van Deventer. for approval in concept. Carried by unanimous vote. Book 73/Page 112 4/23/91 Councilman Dalla noted that a map provided by SANDAG had the boundaries for National City wrong. Councilman Van Deventer stated that he would contact the Executive Director of SANDAL immediately. Councilwoman Zarate noted that she and Councilman Dalla had attended the meeting for the Delgado Terrace. She then stated that she would submit a report to the Council members next week. PUBLIC ORAL COMMUNICATIONS - Edith Hughes. 1104 Manchester Street. asked for clarification on Item #16, and asked if the insurance liability had been waived. Kassia Kossyta, Risk Manager. stated that the Maytime Band Review provided insurance that does not cover participants, only spectators. The requirement set was for General Liability Insurance that is available through a special events policy that the City Coordinates. Mrs. Hughes had asked the City Council to allow for the Maytime Band Review to use their original insurance and to waive the Risk Managers' requirement. Councilman Van Deventer requested Mrs. Hughes check with her insurance company and see if a refund could be obtained. ACTION: Motion by Van Deventer. seconded by Inzunza, to bring Item #16 back onto the Agenda. Carried by unanimous vote. ACTION: Motion by Van Deventer. seconded by Dalla. to pick up the difference between the cancellation policy for the Maytime Band Review and a new policy to be purchased through the City of National City for the coverage. City Attorney Eiser asked if the motion included the original conditions of the motion. Maker and second agreed to include approval of the TUP and waiver of fees. Carried by unanimous vote. Warren Nielsen. 1877 Cabernet Drive, Chula Vista presented the Mayor and City Council with a copy of a film entitled "1776" and stated that he would donate a copy to the Library. He read into the record a letter he had written in response to an article in the Star News concerning the proposed Police Facility. Bill Kiester, 427 'M' Avenue. spoke regarding the Graffiti removal crew and the washing of their equipment. He also suggested that the City Council request a Completion Bond from Mr. Barkett for the Radisson corner. Book 73/Page 113 4/23/91 Joe Markowicz, 9747 Business Park Avenue, President of Pacific Real Properties, requested to be put on the Agenda for the meeting of May 7. 1991 to appeal for an extension of his Building Permit for the Phillipine Plaza at 1441 E. 8th Street. National City. Closed Session was held at an earlier time. CLOSED SESSION CLOSED SESSION FOR PENDING LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(A) (HOGLE V. CITY OF NATIONAL CITY) ADJOURNMENT Motion by Van Deventer. seconded by Della. the meeting be adjourned to the City. Council Workshop - Wednesday. May 1. 1991 - 3:30 p.m. Large Conference Room. Civic Center. Carried by unanimous vote. The next regular City Council Meeting - May 7 1991 - 4:00 p.m. Council Chambers. Civic Center. The meeting closed at 10:04 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of May 7. 1991. MIPi'0 R 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.