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HomeMy WebLinkAbout1991 08-20 CC MINBook 73/Page 213 8/20/91 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 20, 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 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 August 13. 1991 and the Minutes of the Adjourned Meeting of August 13. 1991. be approved. Carried by unanimous vote. MAYOR'S PRESENTATIONS San Diego County Supervisor Brian Bilbray Report. Mayor Waters noted that the presentation by Supervisor Bilbray had been scheduled on the CDC Agenda which would be following the City Council Meeting later this evening. Mayor Waters then called on City Manager McCabe who in turn called on Police Chief Knee who introduced the Police Departments newest employee, Patricia Ovando. Ms. Ovando was hired as a Community Liaison Assistant and will work with the Police Department and the community. BOARDS AND COMMISSIONS INTERVIEWS/APPOINTMENTS Mayor Waters turned the meeting over to Vice Mayor Inzunza who introduced the most recent applicant wanting to serve on the Library Board. TESTIMONY: Lester Huston, 13 N. Drexel Avenue, National City explained his interest in serving on the Library Board only, and answered Councils' questions. Vice Mayor Inzunza turned the meeting back over to Mayor Waters. Book 73/Page 214 8/20/91 BOARDS AND COMMISSIONS (continued) Mayor Waters noted that he had received a request from the Port Commission to have the City designate (1) volunteer to serve on their Equal Opportunity Advisory Committee (EOAC). Council requested additional information on the requirements of the Board which the Mayor stated he would provide. This item to be brought back on the next Agenda. Item No. 9 was heard at this time. TEMPORARY USE PERMIT 9. SUBJECT: Temporary Use Permit - National City Neighborhood Watch at Kenton/Belmont/Drexel Avenues request a TUP to conduct the 11th annual block party from 12:00 a.m. to 7:30 p.m. on September 7, 1991. Street closures will be at Drexel and Kenton, and Drexel and Belmont Avenue. Waiver of fees is also requested. RECOMMENDATION: Staff recommends approving the Temporary Use Permit and granting of the request for a waiver of fees subject to all conditions, to -wit: Fire: Fire apparatus & emergency vehicle access shall not be obstructed. Risk Manager: Provide $500,000. general liability insurance, naming the City of National City, its officers, agents, employees & volunteers as additional insureds. Execute hold harmless. Finance: A business license is required if monies are solicited, admittance charged or food beverages or merchandise is sold. If any of the vendors or organizations are registered not - for -profit, there will not be a charge for their business license. City Attorney: Requires hold harmless, general liability insurance with City of National City, its officers, agents, employees, and volunteers as additional insureds, and amounts of coverage to be determined by Risk Manager. Public Works: Barricades will be delivered to Drexel & Kenton, & Drexel & Belmont on Friday. Will be picked up Monday. TESTIMONY: John Alva, 17 So. Kenton Street, National City presented the Council with flyers and a program of the annual event and answered Councils' questions. ACTION: Motion by Van Deventer, seconded by Inzunza, in favor of the request. Maker and second agreed to amend the motion to include the request for the waiver of fees. Maker and second agreed to amend the motion to the City to pay the cost of the insurance. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution No. 91-168 through 91-172 and Item Nos. 6 through 10 - TUP's). Item No. 9 was heard earlier. Mayor Waters requested Item No. 4 (Resolution No. 91-171) be pulled. Mr. Fuentes requested Item No. 5 (Resolution No. 91-172) be pulled. Motion by Van Deventer, seconded by Inzunza, for approval. Carried by unanimous vote. Book 73/Page 215 8/20/91 DEEDS & EASEMENTS 1. Resolution No. 91-168. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A DRAINAGE EASEMENT AT IRA HARBISON SCHOOL FROM THE NATIONAL SCHOOL DISTRICT." (A.P.N. 669-040-22). Adopted. See above. COUNTY/CITY HEALTH FEES 2. Resolution No. 91-169. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A SCHEDULE OF HEALTH AND SANITATION AND LAND USE FEES." Adopted. See above. CONTRACT 3. Resolution No. 91-170. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE BID OF NIXON-EGLI EQUIPMENT COMPANY AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH NIXON-EGLI EQUIPMENT COMPANY FOR THE PURCHASE OF ONE MOBILE STREET SWEEPER." NOTE: Councilman Dalla requested Staff review the possibility of contracting out the services. Adopted. See above. TEMPORARY USE PERMIT 6. SUBJECT: Temporary Use Permit - National City Library Project Read requests a TUP to conduct a chili and salsa cook -off from 8:00 a.m. to 5:00 p.m. on November 2, 1991, in Kimball Park. A waiver of fees is also requested. RECOMMENDATION: Staff recommends approving the Temporary Use Permit and granting of the request for a waiver of fees subject to all conditions, to -wit: Finance: A business license is required if monies are solicited, admittance charged or food, beverages, or merchandise is sold. If any of the vendors or organizations are registered not -for -profit, there will not be a charge for their business license. Fire: Secure separate Fire Safety Permit. Submit site plan to Fire Department. Parks & Recreation: Parks & Recreation will coordinate with Project Read. TESTIMONY: None. ACTION: Adopted. See above. TEMPORARY USE PERMIT 7. SUBJECT: Temporary Use Permit - Old Town National City Reunion Committee '91 in conjunction with the National City Boys & Girls Club request a TUP to conduct a community fun run/walk and celebration for Old Town National City to take place at the National City Junior High School from 8:00 a.m. to 8:00 p.m. on September 28, 1991. A waiver of fees is also requested. RECOMMENDATION: Staff recommends approving the Temporary Use Permit and granting of the request for a waiver of fees subject to all conditions, to -wit: Parks & Recreation: Parks & Recreation will provide portable stage. Public Works needs to provide a driver with Class I license. City Attorney: Requires hold harmless agreement, general liability insurance with the City, its officers, agents, employees and volunteers as additional insureds, with amounts of coverage to be established by Risk Manager. Finance: A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. If any of the vendors or organizations are Book 73/Page 216 8/20/91 TEMPORARY USE PERMIT (continued) registered not -for -profit there will not be a charge for their business license. Risk Manager: Provide $500,000 liability insurance, naming the City of National City, its officials, agents, employees & volunteers as additional insured. Execute hold harmless. Public Works: Assume short street closing will be accomplished by on site Police Department personnel without help from Public Works. TESTIMONY: None. ACTION: Adopted. See above. TEMPORARY USE PERMIT 8. SUBJECT: Temporary Use Permit - St. Mary's Catholic Church requests a TUP to conduct their 1991 annual fund-raising festival to be held at 411 East 8th Street on October 5th and 6th, 1991 from 10:00 a.m. to 7:00 p.m. A request to close "E" Avenue between 7th Street and 8th Street from 10:00 a.m. to 7:00 p.m. on October 5th and 6th is also requested. A waiver of fees is also requested. RECOMMENDATION: Staff recommends approving the Temporary Use Permit (Pursuant to City Council Policy based upon First Amendment considerations, waivers of fees for churches are not granted therefore, it is recommended that the request for waiver of fees be denied) subject to all conditions, to -wit: Fire: Secure separate Fire Safety Permit from Fire Department. Submit plot plan. Finance: A Business License is required of all vendors and businesses participating or organizing the event. The church can operate on their current license. Risk Manager: One million dollars general liability insurance, including liquor liability endorsement. Execute hold harmless. Public Works: Specific Council permission required for street closure. Public Works will supply barricades for street closure. Police Department will place and remove barricades. TESTIMONY: None. ACTION: Adopted. See above. This Item, No. 9, was heard at an earlier time, after Boards and Commissions. TEMPORARY USE PERMIT 9. SUBJECT: Temporary Use Permit - National City Neighborhood Watch at Kenton/Belmont/Drexel Avenues request a TUP to conduct the 11th annual block party from 12:00 a.m. to 7:30 p.m. on September 7, 1991. Street closures will be at Drexel and Kenton, and Drexel and Belmont Avenue. Waiver of fees is also requested. TEMPORARY USE PERMIT 10. SUBJECT: Temporary Use Permit - Fraternal Order of Eagles (Aeire 2712) request a TUP to conduct their annual picnic from 8:00 a.m. to 7:00 p.m. on September 7, 1991 in Kimball Park. A waiver of fees is also requested. RECOMMENDATION: Staff recommends approving the Temporary Use Permit and granting of the request for a waiver of fees subject to all conditions, to -wit: Fire: Secure separate Fire Safety Permit from Fire Department & provide site plan. City Attorney: Requires hold harmless agreement and policy Book 73/Page 217 8/20/91 TEMPORARY USE PERMIT (continued) of general liability insurance with the City and its officers, agents, employees and volunteers as additional insureds, with amounts of coverage to be approved by the Risk Manager. Finance: A business license is required if monies are solicited, admittance charged, or food, beverages or merchandise is sold. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. Risk Manager: Sign Hold Harmless. Provide a million dollars general liability insurance and liquor liability coverage. Name the City of National City, its officials, agents, employees and volunteers as additional insured. TESTIMONY: None. ACTION: Adopted. See above. CONDITIONAL USE PERMIT 4. Resolution No. 91-171. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE WITHIN A RESTAURANT AT 2837 HIGHLAND AVENUE." (Applicant: Richardo Cardenas) (Ca.se File No. CUP- 1991-7). NOTE: City Attorney, George Eiser made inquiry as to Councils' intent on their motion on this item at the Council meeting of August 13, 1991. Councilmen Van Deventer and Inzunza clarified their intent to be to have a Staff review at six (6) months or if the business is sold during that time. ACTION: Motion by Van Deventer, seconded by Inzunza in favor of Resolution No. 91-171. Carried by unanimous vote. ROUTE 54 5. Resolution No. 91-172. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, DIRECTING CALTRANS TO DELETE THE CONNECTION OF CAGLE STREET TO THE PROPOSED REO DRIVE/STATE ROUTE 54 INTERCHANGE." TESTIMONY: Henry Fuentes, 3350 Valley Road, Bonita, made inquiry of the Council and Staff and expressed his opinion on the proposed interchange. NOTE: City Attorney, George Eiser, noted corrections to the Resolution as follows: The first paragraph, Cafe will be changed to Cagle. The second paragraph will be changed to read, "WHEREAS, after said hearing the City Council determined that it was in the public interest to delete the connection of Cagle Street to the proposed Reo Drive/State Route 54 Interchange". ACTION: Motion by Dalla, seconded by Van Deventer, in favor of the Resolution as corrected. Carried by unanimous vote. Book 73/Page 218 8/20/91 ORDINANCE FOR INTRODUCTION Motion by Dalla, seconded by Van Deventer, the Ordinance be introduced by title only. Carried by unanimous vote. MUNICIPAL CODE 1991 11. An "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.02 TO THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR THE ADOPTION OF SAN DIEGO COUNTY HEALTH AND SANITATION AND LAND USE FEES, AND REPEALING SECTIONS 2, 3, 4, AND 5 OF ORDINANCE NO. 1782 AND SECTION 9.04.170 OF THE MUNICIPAL CODE." RECOMMENDATION: Staff recommended enactment of the Ordinance. OLD BUSINESS BUDGET FY91-92 12. SUBJECT: F.Y. 1990-91 C.I.P. Project Year -End Status Report. **Continued from Council Meeting of 8/13/91** RECOMMENDATION: Staff recommends the report be received and filed. TESTIMONY: Assistant City Manager, Gerald Bolint, gave a brief verbal summary of the report. ACTION: Motion by Van Deventer, seconded by Inzunza, the report be received and filed. Carried by unanimous vote. WRITTEN COMMUNICATIONS CODE CONFORMANCE 13. SUBJECT: Request for reconsideration of City -posted "Notice of Obstruction and Order to Remove" sign. RECOMMENDATION: Staff recommended the basketball backboard be removed for liability reasons. TESTIMONY: Luis Natividad, 1418 Meadow Drive, National City, spoke in favor of the request to leave the backboard up and presented Council with a petition signed by the area neighbors. ACTION: Motion by Van Deventer, seconded by Inzunza, to hold this item over for 2 weeks. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1991 14. SUBJECT: Warrant Register No. 7. Ratification of Demands in the amount of $272,787.83 (Warrant Nos. 117557 through 117695 inclusive, excepting 117653) and Certification of Payroll in the amount of $466,784.96. NOTE: Councilman Van Deventer stated he would be abstaining on Warrant Nos. 107606 Bush Power Brake Service, 117574 Lloyd Brummett Lock & Safe and 117581 RCP. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Van Deventer, seconded by Inzunza, the demands be ratified and payroll certified. Warrants (except Nos. 117606, 117574 and 117581) carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Van Deventer, Zarate, Waters. Nays: None. Warrant Nos. 117606, 117574 and 117581 carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Zarate, Waters. Nays: None. Abstaining: Van Deventer. Book 73/Page 219 8/20/91 SCHOOL CROSSING GUARD 15. SUBJECT: Crossing guard; 18th Street and "F" Avenue. RECOMMENDATION: Staff recommended the report be received and filed. TESTIMONY: Police Chief Knee updated Council on the placement of the crossing guard and advised that his department was exploring the possibility of using parent volunteers for the program. ACTION: Motion by Van Deventer, seconded by Zarate 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 read into the record, a letter received from Senior Citizens Advisory Board member Leona Meyers. Copy on file in the Office of the City Clerk. The Mayor also read into the record, a letter to the City Council from the Christmas In July Board, thanking them for their support of the program. Copy on file in the Office of the City Clerk. CITY COUNCIL Councilman Van Deventer requested Engineering review the parking program for 15th Street and "C" for the Pilipino Center, and bring a report back to Council. PUBLIC ORAL COMMUNICATIONS Archie Spunias, 3527 Siembre Street, Bonita, owner of buildings on 19th Street in National City and 1842 McKinley, National City, requested placement on the Agenda of a request to abandon encroachment, private telephone line, so that escrow will proceed with the processing of the sale of his property. ACTION: Motion by Inzunza, seconded by Van Deventer, to bring this item onto the Agenda as the need to take action arose after the posting of the Agenda. Carried by unanimous vote. City Attorney Eiser stated that Resolution No. 91-173 had been prepared and would terminate the encroachment. ENCROACHMENT REMOVAL AGREEMENT Resolution No. 91-173. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TERMINATING AN ENCROACHMENT AGREEMENT AT 726 WEST 19TH STREET AND 1842 MCKINLEY AVENUE." ACTION: Motion by Van Deventer, seconded by Zarate, in favor of Resolution No. 91-173. Carried by unanimous vote. Book 73/Page 220 8/20/91 Gloria Sampson, Principal of National City Middle School presented Councilmen Dalla and Van Deventer with plaques thanking them for their support on the street beautification and parking alterations in front of the school. She also presented Mayor Waters with a glass mug for his collection and thanked him for visiting with the Japanese foreign exchange students. Luis Natividad, 1418 Meadow Drive, National City, requested information on behalf of a city resident who had received a notice to remove a shack from his property. Mr. Natividad was referred to the Planning Department. ADJOURNMENT Motion by Van Deventer, seconded by Dalla, the meeting be adjourned to the Next Regular City Council Meeting - August 27. 1991 - 7:00 p.m. - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 5:10 p.m. CITY CLERK CLERK fl,p,(2), The foregoing minutes were approved at the regular meeting of August 27, 1991. AYOR 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.