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HomeMy WebLinkAbout2001 04-17 CC MINBook 83/Page 100 4/17/01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 17, 2001 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, Waters. Councilmembers absent: Soto. Administrative officials present: Campbell, Dalla, Desrochers, DiCerchio, Eiser, Matienzo, McCabe, Morse, Myers, Post, Ruiz, Trees. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag by City Manager Tom G. McCabe, followed by the invocation by Vice Mayor Beauchamp. APPROVAL OF MINUTES Motion by Morrison, seconded by Waters, the Minutes of the Regular Meeting of April 10, 2001, be approved. Carried by the following vote, to - wit: Ayes: Inzunza, Morrison, Waters. Nays: None. Absent: Soto. Abstain: Beauchamp. PRESENTATIONS (102-1-3) SDG&E — Stuart P. Wells, Regional Public Affairs Manager SDG&E, 8330 Century Park Ct., San Diego. Mr. Wells introduced Mr. Dan Lamar, Senior Account Executive, Commercial Industrial Customer Solutions Department. Mr. Lamar provided an overview of what is expected in the region as a consequence of the current power crisis, the possibility of rolling blackouts, and what SDG&E is doing to prepare for the anticipated 200 hours of curtailments (black -outs) this year and likely through next summer. Book 83/Page 101 4/17/01 NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters requested that Police Chief DiCerchio introduce his new employees, Jammi Johnson / Police Dispatcher, and Marcus Macias / Police Officer. Ms. Johnson and Officer Macias stood and were recognized by those present. INTERVIEWS AND APPOINTMENTS BOARDS AND COMMISSIONS ADMIN (101-1-1) Mayor Waters turned control of the meeting over to Vice Mayor Beauchamp. Mr. Beauchamp called forward Mr. Patricio Flores, 5988 Altamont Drive, San Diego, who provided some personal background and expressed an interest in serving on the Building Advisory & Appeals Board. Vice Mayor Beauchamp then called Mr. Frank DeSaracho, 416 30th Street, National City. Mr. DeSaracho gave his personal and professional background and expressed an interest in serving on the Planning Commission or Housing & Community Development Committee. Vice Mayor Beauchamp called forward Mr. Mark Baca. Mr. Baca asked that his name be removed from consideration for appointment to the Planning Commission due to a potential conflict with his employment with Operation Samahan and the fact that his uncle currently serves on the Planning Commission. PLANNING COMMISSION ADMIN (101-6-1) Mayor Waters announced that Alma Graham had expressed an interest in serving on the Planning Commission and asked City Attorney George Eiser to discuss possible problems. City Attorney Eiser explained that, in his opinion, it would be an incompatible office for Ms. Graham to serve on the Planning Commission due to the fact that she currently serves on the National School District Governing Board. Mr. Eiser said his opinion is not binding on the Council and that if the Council desired, they could seek an opinion from the State Attorney General. ACTION: Motion by Inzunza, seconded by Waters, in favor of requesting an opinion from the Attorney General. Carried by unanimous vote. Absent: Soto. Book 83/Page 102 4/17/01 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos.1 and 2 (Resolution Nos. 2001-49, 2001-50), and Item No. 3 (Warrant Register No. 41). Motion by Morrison, seconded by Waters, the Consent Calendar be approved. Carried by unanimous vote. Absent: Soto. CONTRACT (C2001-15) 1. Resolution No. 2001-49. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TETRA TECH ASL, INC. TO PROVIDE "AS NEEDED" CIVIL ENGINEERING CONSULTING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENT PROJECT." (Engineering) ACTION: Adopted. See above. N.C. TRANSIT PARATRANSIT PLAN (TDA FUNDS) (805-1-4) GRANT TDA / TRANSPORTATION DEV ACT FUNDS (206-4-9) 2. Resolution No. 2001-48. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF CLAIMS, AGREEMENTS AND APPLICATIONS NECESSARY FOR THE RECEIPT OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2002." (National City Transit) ACTION: Adopted. See above. WARRANT REGISTER (202-1-15) 3. Warrant Register #41. Ratification of Demands in the amount of $783,013.11. (Finance) ACTION: Approved. See above. NON CONSENT RESOLUTION PERSONNEL POSITIONS NEW & RECLASSIFICATIONS (604-1-1) 4. Resolution No. 2001-51. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY RANGE FOR THE POSITION OF RECORDS MANAGEMENT OFFICER." (City Attorney) Book 83/Page 103 4/17/01 NON CONSENT RESOLUTION (cont.) PERSONNEL POSITIONS NEW & RECLASSIFICATIONS (604-1-1) RECOMMENDATION: Staff recommended approval. TESTIMONY: City Attorney Eiser clarified that the correct salary band in the Resolution should be $4685 to $5621. ACTION: Motion by Beauchamp, seconded by Inzunza, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Waters. Nays: Morrison. Absent: Soto. Abstain: None. LABOR RELATIONS / CITY TREASURER (605-10-1) 5. Resolution No. 2001-52. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY OF THE CITY TREASURER." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to adopt the Resolution. Carried by unanimous vote. Absent: Soto. LABOR RELATIONS / CITY CLERK (605-9-1) 6. Resolution No. 2001-53. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARY OF THE CITY CLERK." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to adopt the Resolution. Carried by unanimous vote. Absent: Soto. ORDINANCES FOR INTRODUCTION Motion by Morrison, seconded by Beauchamp, the Ordinance be introduced by title only. Carried by unanimous vote. Absent: Soto. Book 83/Page 104 4/17/01 ORDINANCES FOR INTRODUCTION (cont.) NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 7. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 3.04.020 OF THE NATIONAL CITY MUNICIPAL CODE." (Personnel) OLD BUSINESS EL TOYON PARK ADMIN (702-6-1) 8. SUBJECT: Relocation of public faucet at El Toyon Park. (Parks & Recreation) RECOMMENDATION: Staff recommended to accept the 4th Street location. TESTIMONY: Rita Heuss, 2121 E. doesn't want the activity in the park but to have it there and also believes no one use the parks for free. ACTION: There was no vote taken. Fourth St., said she understands the need should be allowed to WRITTEN COMMUNICATION PUBLIC REQUEST / COMPLAINT ADMIN (102-1-1) 9. SUBJECT: Letter from Darryl Gorham regarding sewer bills. ACTION: This item was continued to next week's meeting. NEW BUSINESS TEMPORARY USE PERMITS 2001 (203-1-17) 10. SUBJECT: Temporary. Use Permit — Friends of the Library and National City Library — National City Literacy Celebration. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to approve staff's recommendation. Carried by unanimous vote. Absent: Soto. Book 83/Page 105 4/17/01 NEW BUSINESS (cont.) PLANNED DEVELOPMENT PERMIT ADMIN 2001 (414-1-16) 11. SUBJECT: Notice of Decision — Approval of a Planned Development Permit for a gas station, fast food restaurant, and convenience store with alcohol sales at the northwest corner of 8t1i Street and Roosevelt Avenue (Applicant: Michael Hennessey) (Case File No.: PD-2000-6). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Arcelia Conchas, 304 E. 22nd St. #203, spoke through a translator, in opposition to allowing the sale of alcohol at the site. Shelia Celias, 304 W. 18t'' St., Chair of the National City ATRD Prevention Task Force, spoke about the importance of quality of life and requested that, if the permit is approved, the City hold the applicant to all conditions and restrictions as long as they are here, and not reduce them in the future. Michael Hennessey, 17581 Irvine Blvd. #108, Tustin, California, representing the Hennessey Group, spoke in favor. ACTION: Filed. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR. No Report. CITY COUNCIL POLITICAL SUPPORT ADMIN (102-4-1) 12. SUBJECT: Discussion of Newport Petroleum Sales Tax Proposal — Councilman Beauchamp. RECOMMENDATION: None. Book 83/Page 106 4/17/01 CITY COUNCIL (cont.) POLITICAL SUPPORT ADMIN (102-4-1) TESTIMONY: Dave Diaz, 313 16th St., Huntington Beach, CA., discussed a letter he sent to the City and requested the City send a letter of conceptual approval to the Port District. ACTION: Motion by Beauchamp, seconded by Inzunza, to send letter to the Port District that the City of National City and Newport Petroleum are still reviewing the potential for sales tax revenue to National City; that we ask that the Port refrain from any further demolition or change in status of the tanks until the City has had an opportunity to fully investigate the revenue potential and traffic issues associated with the project; and that we direct our staff to continue to pursue this issue. Carried by unanimous vote. Absent: Soto. COUNCIL MEETING REGS / SCH ADMIN (102-7-1) 13. SUBJECT: Discussion of modification of Council meeting frequency and times — Councilman Beauchamp. RECOMMENDATION: None. TESTIMONY: Louise Martin, 1527 E. 15th St, spoke in opposition of having fewer meetings. Cecilia Kirk, 311 E. 2nd St., spoke in opposition to reducing the number of meetings. Rita Heuss, 2121 E. Fourth St., spoke in opposition to reducing the number of meetings. ACTION: Motion by Morrison, seconded by Beauchamp, to continue item to next meeting. Carried by unanimous vote. Absent: Soto. PUBLIC ORAL COMMUNICATIONS. None. Mayor Waters called a recess at 4:50 p.m. The meeting was reconvened at 5:25 p.m. All members were present, except Councilmember Soto. Book 83/Page 107 4/17/01 CLOSED SESSION Conference with Legal Council — Existing Litigation - Government Code Section 54956.9 (a) 1. John Chavez v. Sempra Energy: San Diego Gas & Electric Company; the City of National City: the City of San Diego and DOES 1 through 100, Superior Court Case No: GIC757569 2. Darlene Dent, Darrow Johnson and Khallid Ngufu v. City of National City, Brian Boster, Ken Springer, Matthew Remmers, and Does 1-10, United States District Court Case No. 00cv2353 IEG (LAB) 3. Linda Kaye Harter v. City of National City United States District Court Case File No. D035563 4. Vivian Elig v. City of National City United States District Court Case No. 00 CV 2106 K (NLS) 5. Arturo A. Gonzalez and Maria D. Gonzalez v. City of National City Superior Court Case No. GIS 4641 6. Claims of: a) Espinoza Acevedo, b) Dario Meza, c) Mary Ann Delute, d) Soyla Barrios ACTION: Motion by Morrison, seconded by Beauchamp, to go into closed session. Carried by unanimous vote. Absent: Soto. Councilmember Beauchamp stated he would exclude himself from the SDG&E item. Members left the Chamber at 5:25 p.m. Book 83/Page 108 4/17/01 ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council of the City of National City, Tuesday, April 24, 2001, at 6:00 p.m., Council Chambers, Civic Center. The foregoing minutes were approved at the Regular Meeting of April 24, 2001. 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.