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Home My WebLink About2000 10-17 CC MINBook 82/Page 268 10/17/00 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 17, 2000 The Regular Meeting of the City Council of the City of National City was called to order at 3:05 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Soto, Waters. Administrative officials present: Dalla, Desrochers, DiCerchio, Eiser, Kimble, McCabe, Matienzo, Morse, Myers, Post, Trees. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag by City Manager Tom McCabe, followed by the invocation by Vice Mayor Soto. APPROVAL OF MINUTES Motion by Morrison, seconded by Inzunza, the Minutes of the Regular Meeting of September 26, 2000, and the Minutes of the Adjourned Regular Meeting of September 28, 2000, and the Minutes of the Regular Meeting of October 10, 2000, be approved. Carried by unanimous vote. MAYOR'S PRESENTATION NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters requested that Finance Director Marylou Matienzo introduce her new employee, Cherri Valdez -Morales / Administrative Secretary. Ms. Valdez -Morales stood and was recognized by those present. Mayor Waters then requested that City Engineer Burt Myers introduce his new employee, Shane Lavery / Custodian. Mr. Lavery stood and was recognized by those present. MAYOR'S PRESENTATION (cont.) NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters also requested that Fire Chief Randy Kimble introduce his new employees, Firefighters Jeffrey Bogle, Robert Hernandez, and Michael Mejia. Firefighters Bogle, Hernandez, and Mejia stood and were recognized by those present. Book 82/Page 269 10/17/00 PROCLAMATIONS (102-2-1) Motion by Morrison, seconded by Inzunza, the Proclamation be read in its entirety, provided there is someone present to accept it. Carried by unanimous vote. The Proclamation proclaiming October 20-22, 2000, to be: THE COLUMBIAN FOUNDATION FOR PEOPLE WITH MENTAL RETARDATION, INC. DAY," was read in its entirety by Mayor Waters and presented to representatives from St. Anthony's, St. Mary's and St. Michael's churches. Mayor Waters called upon Assistant Community Development Commission Director Dave Sheldon and his wife to come forward. Mayor Waters presented Mr. Sheldon with a plaque and photograph commemorating his 25 years of service to the City and presented Karen Sheldon with a plaque and the Key to the City. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Resolution No. 2000-131, Item No. 2 (Warrant Register No. 15), and Item Nos. 3 through 5 (Claims for Damages). Motion by Inzunza, seconded by Soto, Item No. 1 be pulled, the remainder of the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. POLITICAL SUPPORT ADMIN (102-4-1) 1. Resolution No. 2000-131. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING PROPOSITIONS AA AND BB ON THE NOVEMBER 7, 2000 BALLOT." (City Manager/City Attorney) Book 82/Page 270 10/17/00 CONSENT CALENDAR (cont.) POLITICAL SUPPORT ADMIN (102-4-1) RECOMMENDATION: Staff recommended approval. TESTIMONY: Mr. Bob Green, PO Box 819, Chula Vista, spoke in opposition to the Resolution. Edward Tesher, 3200 Highland Ave., representing San Diego Tax Fighters, opposed the City Council taking a position on the issue. Herman Baca, 105 S. Harbison Ave., spoke in opposition to the Resolution. Bill Kinney, 701 National City Blvd., representing Southwestern College, spoke in favor of Proposition AA and the Resolution. Joe Lara, 6688 Springfield St., San Diego, a teacher at Sweetwater High School, spoke in favor of Proposition BB and the Resolution. ACTION: Mr. Green challenged Councilman Inzunza's eligibility to vote on the Resolution because he is employed by the Sweetwater School District and would have a conflict of interest. City Attorney Eiser stated that there is no conflict since employment by another governmental entity is not considered a conflict under the Political Reform Act. Motion by Morrison, seconded by Inzunza, to approve staff s recommendation to support Propositions AA and BB. Carried by unanimous vote. WARRANT REGISTER (202-1-15) 2. Warrant Register # 15. Ratification of Demands in the amount of $893,142.69. (Finance) ACTION: Approved. See above. CLAIMS (501-1-144) 3. SUBJECT: Claim for Damages: Francisco Sandoval Castanon. (City Clerk) ACTION: Denied. See above. Book 82/Page 271 10/17/00 CONSENT CALENDAR (cont.) CLAIMS (501-1-144) 4. SUBJECT: Claim for Damages: Terry Hanks. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-144) 5. SUBJECT: Claim for Damages: Scott Lee Ropp. (City Clerk) ACTION: Denied. See above. NEW BUSINESS TEMPORARY USE PERMITS 2000 (203-1-16) 6. Temporary Use Permit — National City Chamber of Commerce — Historical Home Tour. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, to approve staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2000 (203-1-16) 7. Temporary Use Permit — Sweetwater High School Fireworks Display. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Beauchamp, to approve staff's recommendation. Carried by unanimous vote. PUD / DWELLING UNITS AT 1834 K AVE / PD-1999-2 (408-1-7) 8. SUBJECT: Notice of Decision — Planning Commission approval of a Planned Development Permit to legalize an existing dwelling, allowing for a total of three dwelling units at 1834 K Avenue. (Applicant: Tim P. Jones for Kathy Sutch) (Case File No.: PD-1999-2). (Planning) Book 82/Page 272 10/17/00 NEW BUSINESS (cont.) PUD / DWELLING UNITS AT 1834 K AVE / PD-1999-2 (408-1-7) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: A timely written appeal was filed by the applicant. Motion by Inzunza, seconded by Morrison, to set for public hearing on November 28, 2000. Carried by unanimous vote. CONDITIONAL USE PERMITS 2000 (403-15-1) 9. SUBJECT: Notice of Decision — Conditional Use Permit for an adult day health care center at 1415 E. 8th Street, Suite 5. (Applicant: Marina Murashova, Horizons Adult Day Health Care Center) (Case File No. CUP-2000-22) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Beauchamp, to set for public hearing on November 28, 2000. Carried by unanimous vote. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR. No Report. CITY COUNCIL. No Report. Book 82/Page 273 10/17/00 PUBLIC ORAL COMMUNICATIONS Rita Heuss, 2121 Fourth St., spoke in opposition to Item No. 8, Notice of Decision for a Planned Development Permit at 1834 K Avenue. Mrs. Heuss chose to express her opposition early because she would be unable to attend the hearing on November 28, 2000. Mayor Waters requested that Mrs. Heuss' remarks be made part of the public record at the hearing. CLOSED SESSION Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9 (a) 1. Duck Pond - Regional Water Quality Control Board Cleanup and Abatement Order No. 95-66 2. Shawn Lee, et al. v. City of National City United States District Court Case No. 98 CV 1292 BTM LSP 3. Gerardo Gutierrez, et al. v. City of National City Superior Court Case No. GIS749219 4. James Morant v. City of National City, et. al Superior Court Case No. GIC 752884 5. Daniel Weaver v. City of National City Superior Court Case No. GIC 753516 6. Claims of a) Buenrostro; b) Jameson; c) Larry; d) Lyons; e) Valenzuela ACTION: Motion by Morrison, seconded by Soto, to go into Closed Session after a 15-minute recess. Carried by unanimous vote. Book 82/Page 274 10/17/00 Mayor Waters called a recess at 4:20 p.m. Councilmembers reconvened at 5:30 p.m. All members were present. ADJOURNMENT Motion by Morrison, seconded by Beauchamp, the meeting be adjourned to the Next Regular Council Meeting, October 24, 2000, at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 5:31 p.m. iq,,,,,113i,„AA- CITY LERK The foregoing minutes were approved at the Regular Meeting of October 17, 2000. 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.