HomeMy WebLinkAbout1998 04-07 CC MINBook 80/Page 74
4/7/98
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALI FORNIA
APRIL 7, 1998
The Regular Meeting of the City Council of the City of National City was
called to order at 3:02 p.m. by Mayor Waters.
ROLL CALL
Councilmembers present: Beauchamp, Inzunza, Morrison, Zarate, Waters.
Administrative officials present: Bouse, Dalla, Desrochers, DiCerchio,
Hodges, Hradecky, Kimble, Morse, Myers, Ray, Ruiz„ Williams.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with the salute to the flag led by Assistant City
Manager Park Morse, followed by the invocation by Councilman
Beauchamp.
APPROVAL OF MINUTES
Motion by Morrison, seconded by Zarate, the Minutes of the Regular
Meeting of March 24. 1998 be approved. Carried by unanimous vote.
MAYOR'S PRESENTATIONS (102-14-2)
Mayor Waters presented a plaque to Mr. Del Redding for his 5 years of
service as a member of the Civil Service Commission and a key to the City
for his many years of dedicated service to the community.
PROCLAMATIONS (102-2-1)
Motion by Morrison, seconded by Zarate, the Proclamations be read in their
entirety provided there is someone present to accept them. Carried by
unanimous vote.
Book 80/Page 75
4/7/98
PROCLAMATIONS (continued)
The Proclamation proclaiming April 18, 1998 as "SPECIAL OLYMPICS
DAY" was read in its entirety by Mayor Waters and presented to Mr. Vince
Reynolds.
The Proclamation proclaiming April 1998 as "WALKAMERICA FOR
HEALTHIER BABIES MONTH" was read in its entirety by Mayor
Waters.
The Proclamation proclaiming the week of Sunday, April 19 through
Sunday, April 26, 1998 as "DAYS OF REMEMBRANCE" was read in its
entirety by Mayor Waters.
BOARDS AND COMMISSIONS
INTERVIEWS AND APPOINTMENTS (101-1-1)
Mayor Waters turned control of the meeting over to Vice Mayor Inzunza.
Vice Mayor Inzunza called forward Mr. Fideles Ungab. Mr. Ungab was not
present.
Vice Mayor Inzunza called forward Ms. Maureen Wisener. Ms. Wisener
explained her background and expressed her interest in serving on the
Library Board of Trustees.
Vice Mayor Inzunza called forward Mr. Robert Valderrama. Mr.
Valderrama explained his background and expressed his interest in serving
on the Planning Commission.
Mayor Waters read a letter from Mr. Fideles Ungab withdrawing his name
from consideration for appointment to the Planning Commission.
Book 80/Page 76
4/7/98
SENIOR CITIZENS ADVISORY BOARD (101-11-1)
Mayor Waters recommended that Helen Murphy be appointed to the Senior
Citizens Advisory Board for a full term ending August 31, 2000.
ACTION: Motion by Zarate, seconded by Beauchamp, in favor of
the Mayor's recommendation. Carried by unanimous vote.
HOUSING & COMMUNITY DEV COMM (101-12-1)
Mayor Waters recommended that Bernice Chunn be appointed to the
Housing & Community Development Committee for a full term ending
April 28, 2000.
ACTION: Motion by Zarate, seconded by Beauchamp, in favor of
the Mayor's recommendation. Carried by unanimous vote.
PARKS & RECREATION ADVISORY BOARD (101-5-1)
Mayor Waters recommended that Howard Schwitkis be reappointed to the
Parks & Recreation Advisory Board for a term ending March 31, 2001.
ACTION: Motion by Zarate, seconded by Morrison, in favor of the
Mayor's recommendation. Carried by unanimous vote.
City Clerk Dalla administered the oaths of office to Helen Murphy, Bernice
Chunn and Howard Schwitkis.
Vice Mayor Inzunza returned control of the meeting to Mayor Waters.
PUBLIC HEARINGS
PROPOSITION A TRANSNET (RTIP) ADMIN (205-5-1)
1. Public Hearing to adopt the Six -Year (FY 98-04) Regional
Transportation Improvement Program (RTIP) and TransNet Projects.
(Engineering) (Refer to Item #10)
NOTE: Notice of Public Hearing and Proof of Publication are on file
in the office of the City Clerk.
RECOMMENDATION: Staff recommended that Council hold the
Public Hearing to adopt the Six -Year (FY 1998-04) RTIP and
TransNet projects.
Book 80/Page 77
4/7/98
PROPOSITION A TRANSNET (RTIP) ADMIN (continued)
TESTIMONY: None.
ACTION: Mayor Waters declared the Public Hearing closed.
Motion by Inzunza, seconded by Waters, in favor. Carried by
unanimous vote.
Note: Mayor Waters announced that he owns the property adjacent to the
parcel under consideration in Item No. 2. Mayor Waters then turned control
of the meeting over to Vice Mayor Inzunza because of a conflict of interest.
CDC OWNED LAND/SALE (406-4-1)
2. Public Hearing to consider the sale of real property by the
Community Development Commission of the City of National City to
Gildardo Turullols, M.D., Inc. for the development of a medical
office building at 1428 Highland Avenue, National City. (CDC)
(Refer to Item # 11)
NOTE: Notice of Public Hearing and Proof of Publication are on file
in the office of the Community Development Commission.
RECOMMENDATION: Staff recommended that Council hold the
Public Hearing, consider public comment, and adopt the Resolution
approving the sale of real property.
TESTIMONY: Mr. Contrares, the architect for Dr. Turullols,
answered questions and spoke in favor of the sale.
Dr. Gilardo Turullols, the applicant, answered questions and
spoke in favor of the sale.
ACTION: Vice Mayor Inzunza declared the Public Hearing
closed and requested that Item No. 1 I, Resolution No. 98-36
be brought forward for consideration.
CDC OWNED LAND/SALE (406-4-1)
11. Resolution No. 98-36. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING THE SALE OF
REAL PROPERTY AT NOT LESS THAN FAIR REUSE VALUE
TO EFFECTUATE THE PURPOSES OF THE NATIONAL CITY
REDEVELOPMENT PROJECT". (CDC) (Refer to Item No. 2)
Book 80/Page 78
4/7/98
CDC OWNED LAND/SALE (continued)
ACTION: Motion by Zarate, seconded by Inzunza, to adopt
Resolution No. 98-36. Carried by the following vote, to -wit:
Ayes: Inzunza, Morrison, Zarate. Nays: Beauchamp. Absent:
None. Abstaining: Waters.
Vice Mayor Inzunza returned control of the meeting to Mayor Waters.
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR - Item Nos. 3 and 4
(Resolution Nos. 98-33 and 98-34), Item No. 5 (Street Tree Committee
Minutes), Item No. 6 (Communication from SDG&E), and Item Nos. 7, 8
and 9 (Warrant Register Nos. 35, 37 and 38). Motion by Inzunza, seconded
by Morrison, the Consent Calendar be approved. Item Nos. 3, 4, 5, 7, 8 and
9 carried by unanimous vote. Item No. 6 carried by the following vote, to -
wit: Ayes, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent:
None. Abstaining: Beauchamp. Note: Councilman Beauchamp abstained
from voting on Item No. 6 because he has had contractual agreements in the
past with SDG&E.
SEWER CONST/MAINT ADMIN (906-1-9)
3. Resolution No. 98-33. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING THE
PURCHASING AGENT TO WAIVE THE BIDDING PROCESS
AND AWARD A CONTRACT TO 3T EQUIPMENT COMPANY
FOR A SEWER/STORM CAMERA TRANSPORT, SKY HOOK
CRANE AND INCLINOMETER". (Pubic Works)
ACTION: Adopted. See above.
N.C. TRANSIT PARATRANSIT PLAN (TDA FUNDS) (805-1-4)
4. Resolution No. 98-34. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL AUTHORIZING SUBMISSION OF
NATIONAL CITY'S TRANSPORTATION DEVELOPMENT ACT
CLAIM FOR FISCAL YEAR 1999". (National City Transit)
ACTION: Adopted. See above.
Book 80/Page 79
4/7/98
STREET TREE & PARKWAY COMMITTEE ADMIN/MIN (101-2-2)
5. SUBJECT: Street Tree Committee Minutes. (Parks)
ACTION: Approved. See above.
STREET TREE & PARKWAY COMMITTEE ADMIN/MIN (101-2-2)
6. SUBJECT: Communication from San Diego Gas & Electric
(SDG&E) on street tree removals and replacements.
ACTION: Filed. See above.
WARRANT REGISTER (202-1-12)
7. Warrant Register #35. Ratification of Demands in the amount of
$767,684.93. (Warrant Nos. 148003 through 148012 inclusive
excepting none. (Finance)
ACTION: Adopted. See above.
WARRANT REGISTER (202-1-12)
8. Warrant Register #37. Ratification of Demands in the amount of
$247,732.67. (Warrant Nos. 148168 through 148265 inclusive
excepting none/103903 through 103939 inclusive). (Finance)
ACTION: Adopted. See above.
WARRANT REGISTER (202-1-12)
9. Warrant Register #38. Ratification of Demands in the amount of
$245,765.93. (Warrant Nos. 148267 through 148396 inclusive
excepting none/168343/103940 through 103962 inclusive) and
Certification of Payroll in the amount of $470,273.30. (Finance)
ACTION: Adopted. See above.
NON CONSENT RESOLUTIONS
PROPOSITION A TRANSNET (RTIP) ADMIN (205-5-1)
10. Resolution No. 98-35. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTING THE SIX -YEAR
(FY 98-04) REGIONAL TRANSPORTATION IMPROVEMENT
PROGRAM (RTIP) AND TRANSNET PROJECTS". (Engineering)
(Refer to Item # 1)
Book 80/Page 80
4/7/98
PROPOSITION A TRANSNET (RTIP) ADMIN (continued)
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Inzunza, to adopt
Resolution No. 98-35. Carried by unanimous vote.
CDC OWNED LAND/SALE (406-4-1)
Note: This Item was acted on after Item No. 2.
11. Resolution No. 98-36. A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING THE SALE OF
REAL PROPERTY AT NOT LESS THAN FAIR REUSE VALUE
TO EFFECTUATE THE PURPOSES OF THE NATIONAL CITY
REDEVELOPMENT PROJECT". (CDC) (Refer to Item #2)
ACTION: Approved.
ORDINANCES FOR INTRODUCTION
Motion by Morrison, seconded by Zarate, the Ordinances be introduced by
title only. Carried by unanimous vote.
MUNICIPAL CODE 1998 (506-2-13)
12. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AMENDING THE NATIONAL CITY
MUNICIPAL CODE BY AMENDING TITLE 6 BY REPEALING
CHAPTER 6.72 (TATTOOING) AND AMENDING TITLE 9 BY
ADDING CHAPTER 9.54 REGULATING TATTOOING
THROUGH ADOPTION OF CHAPTER 3 (COMMENCING WITH
SECTION 66.301) TO DIVISION 6 OF TITLE 6 OF THE SAN
DIEGO COUNTY CODE OF REGULATORY ORDINANCES
RELATING TO TATTOO PARLORS AND MOBILE TATTOO
VEHICLES". (City Attorney)
MUNICIPAL CODE 1998 (506-2-13)
13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AMENDING CHAPTER 10.25 OF THE
NATIONAL CITY MUNICIPAL CODE REGARDING PUBLIC
PAY TELEPHONE REGULATIONS". (City Attorney)
Book 80/Page 81
4/7/98
MUNICIPAL CODE 1998 (continued)
TESTIMONY: Mr. Scott Levy, representing Pacific Bell, 101
W. Broadway, Suite 1440, San Diego, clarified State law
regarding pay telephone.
OLD BUSINESS
TRAFFIC SIGN/SIGNAL ADMIN 1998 (801-4-7)
14. SUBJECT: A status report on the left turn prohibition at the
intersection of Euclid Avenue and 22nd Street. (Engineering)
RECOMMENDATION: Staff recommended to maintain the
current prohibition of left turns from 22nd Street without further
modification.
TESTIMONY: None.
ACTION: Accepted and filed.
NEW BUSINESS
PARADISE CREEK EDUCATIONAL PARK (702-10-1)
15. SUBJECT: Status report on Paradise Creek Educational Park.
(Parks)
RECOMMENDATION: Staff requested Council direction on
whether or not to proceed with this project and apply for Planning
grants.
TESTIMONY: Ted Godshalk, 2143 Cleveland Avenue,
provided information and spoke in favor.
Jose Giton, 1727 Coolidge Avenue, spoke in favor of the park
plan.
Juana Giton, 1727 Coolidge Avenue, spoke in favor of the park
plan.
Peg Henderson, representing the National Park Service, 600
Harrison Avenue, San Francisco, spoke in favor of the park
plan.
Clarisa Ruiz, representing Assemblywoman Duchaney,
responded to questions from the Council.
Book 80/Page 82
4/7/98
PARADISE CREEK EDUCATIONAL PARK (continued)
ACTION: Mayor Waters read a letter he sent to
Assemblywoman Duchaney regarding a one million dollar
grant available from the Coastal Conservancy. Motion by
Beauchamp, seconded by Morrison, to authorize staff to
proceed to secure grant funding. Carried by unanimous vote.
TEMPORARY USE PERMITS (203-1-14)
16. SUBJECT: Temporary Use Permit - National City Crisis Team.
(Building)
RECOMMENDATION: Staff requested Council direction in that
the CDC and Parks and Recreation Department are requesting
disapproval.
TESTIMONY: Dolores Fincher, 2131 E. 18th Street, a
member of the Crisis Team, spoke in favor of the TUP.
ACTION: Motion by Beauchamp, seconded by Zarate,
approve staff s_recommendation for denial but to work with the
organization to assist with funding and a possible alternate
location for the event,
TEMPORARY USE PERMITS (203-1-14)
17. SUBJECT: Temporary Use Permit - Maytime Band Review
Corporation. (Building)
RECOMMENDATION: Staff recommended approval of the
Application for a Temporary Use Permit subject to compliance with
all conditions of approval, and to grant the request for a waiver of
fees.
TESTIMONY: None.
ACTION: Motion by Inzunza, seconded by Morrison, in favor
of Staff's recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS (203-1-14)
18. SUBJECT: Temporary Use Permit - Boy Scout Troop 32 and
National City Firefighters' Association. (Building)
Book 80/Page 83
4/7/98
TEMPORARY USE PERMITS (continued)
RECOMMENDATION: Staff recommended approval of the
Application for a Temporary Use Permit subject to compliance with
all conditions of approval, and to grant the request for a waiver of
fees.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Beauchamp, in
favor of Staff's recommendation. Carried by unanimous vote.
CITY MANAGER - No Report.
CITY ATTORNEY - No Report.
OTHER STAFF - No Report.
MAYOR
Mayor Waters read a letter he sent to the Director of Transportation in
Sacramento regarding the proposed AMTRAK maintenance facility in
National City; read a letter sent to Assemblywoman Thompson regarding
her support for local government financing; reported on the availability of
flagmen from MTDB to assist with graffiti removal, and reported on the
South Bay Wildlife Refuge Task Force meeting.
CITY COUNCIL
Vice Mayor Inzunza inquired about AB 939.
Councilman Morrison reported on a Port District reception he attended.
Councilman Beauchamp announced that Leon Williams' father passed away
and asked that an appropriate condolence message be sent.
PUBLIC ORAL COMMUNICATIONS
Ernesto Lozano, 2005 "A" Avenue, told the Council that alleys in some
neighborhoods are a problem and inquired about the possibility of getting
rid of some.
Book 80/Page 84
4/7/98
PUBLIC ORAL COMMUNICATIONS (continued)
Alfonso Hernandez, 2132 Euclid Avenue, gave a progress report on the
rebuilding of St. Anthony's Church.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION. Potential litigation pursuant to Government Code
Section 54956.9(b) - One potential case.
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION. Potential litigation pursuant to Government Code
Section 54956.9(a) - City of National City v. T.B. Penick.
Motion by Morrison, seconded by Zarate, to hold closed _sessions. Carried
by unanimous vote.
Councilmembers left the Chamber at 5:35 p.m.
Councilmembers returned at 6:00 p.m.
Councilmember Morrison was absent.
ADJOURNMENT
Motion by Zarate, seconded by Beauchamp, the meeting be adjourned to the
Next Regular City Council Meeting - April 14, 1998 - at 6:00 p.m. - Council
Chambers, Civic Center, Carried by unanimous vote. Absent: Morrison.
The meeting closed at 6:00 p.m.
Book 80/Page 85
4/7/98
The foregoing minutes were approved at the Regular Meeting of April 14,
1998.
/10'_47
MAYOR
CITY OF NATIONAL CITY
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.
ITEM #18
98
NOT A PUBLIC RECORD
Closed Session Report
Date of Closed Session: April 7, 1998
Purpose:
❑ §54956.7 License/Permit Determination
❑ §54956.8 Real Property Negotiations
• §54956.9 Pending Litigation
❑ §54957.6 Labor Negotiations
❑ §54957 Threat; Employee Appointment,
Evaluation, Discipline
Subject Matter of Session: Consider approval of f Settlement.
Property Identification (if Applicable): N/A
UNTIL THE INFORMATION IS THIS BOX IS
COMPLETED, SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE CITY ATTORNEY'S
OFFICE
Release Authorized:
June 1Q, 1998
By:
Title: George H. EiserIII_ Citv Attorney
Name of Case and Court Number (if applicable): City of National City v. T.B. Penick: Superior Court Case No. 701932
Action(s) taken or directions given: Settlement approved: City to be paid $125,000 in exchange
for dismissal of its suit.
Council Members and Their Votes:
Name:
Aye
No
Abstain
Absent
Mayor
Waters
X
Vice -Mayor
Inzunza
X
Councilmember
Beauchamp
X
Councilmember
Morrison
X
Councilmember
Zarate
X
Voting Tally
5
Non -Disclosure of action taken recommended (check if yes) ❑
Legal Justification (if yes) (see §54597.1):
❑ Disclosure would interfere with service of process
❑ D• isclosure would impair ability to settle
❑ N• egotiations not complete/final agreement not approved
❑ Employee dismissal/administrative remedies not exhausted
Explanation:
* If absent because disqualified by reason of
conflict of interest.
'' If absent for reasons other than
disqualified by reason of conflict of interest.
Approved:
George H. Eiser, III, City Attorney, City of National City
By:
Dated: June 10, 1998