Loading...
HomeMy WebLinkAbout2001 06-12 CC MINBook 83/Page 166 6/12/01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 12, 2001 The Regular Meeting of the City Council of the City of National City was called to order at 6:00 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison (arrived at 6:03 p.m.), Soto, Waters. Administrative officials present: Campbell, Dalla, Desrochers, DiCerchio, Eiser, Kimble, Matienzo, McCabe, Morse, Myers, Post, 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 Approval of the Minutes of the Regular Meeting of June 5, 2001, was deferred. INTERVIEWS AND APPOINTMENTS LIBRARY BOARD OF TRUSTEES ADMIN (101-3-1) Mayor Waters turned control of the meeting over to Vice Mayor Beauchamp. Mr. Beauchamp announced that Mayor Waters had recommended that Charles Howrey and Zelva Moeser be reappointed to serve on the Library Board of Trustees, for terms ending June 30, 2004. ACTION: Motion by Soto, seconded by Inzunza, in favor of reappointing Mr. Howrey. Carried by unanimous vote. Motion by Morrison, seconded by Soto, in favor of reappointing Zelva Moeser. Carried by unanimous vote. City Clerk Dalla administered the oath of office to Mr. Howrey and Ms. Moeser. Book 83/Page 167 6/12/01 Mayor Waters called a recess at 6:05 p.m. The meeting was reconvened at 6:14 p.m. All members were present. Motion by Morrison, seconded by Soto, to hold a joint meeting with the Community Development Commission. Carried by the following vote, to - wit: Ayes: Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: Beauchamp, Inzunza. PUBLIC HEARING REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) 1. Joint Public Hearing (CDC and City Council): Amendment to the Redevelopment Plan for the National City Redevelopment Project through the adoption of the 2001 Amendment to the Redevelopment Plan (Community Development Commission) Refer to Item Nos. 10 and 13. Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the Community Development Commission. RECOMMENDATION: Staff recommended that the joint Public Hearing and with the CDC be conducted and written and oral testimony received. TESTIMONY: Jordan Litrownik, 225 Broadway, San Diego, appeared on behalf of C. Somuel Marasco, spoke against condemnation and entered a letter into the record (copy on file in the Office of the City Clerk). Robert Shapiro, 1827 Main St., San Diego, requested 90 days to develop a new proposal for a grocery store on the combined FEDCO and Shapiro property. Ray Johnson, 26785 Camino Seco, Temecula, an attorney representing residents Robert Osuna, Marshal Reyes, and Jenny Mason, said the environmental documents for the project are inadequate under CEQA and should be redone. CDC Director Desrochers emphasized that no project is being approved at the present time. What is being considered is only an amendment to the Redevelopment Plan that permits the exercise of eminent domain on the FEDCO and Mitchell Book 83/Page 168 6/12/01 PUBLIC HEARING (cont.) REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) parcels, if necessary. At such time as a Disposition and Development Agreement is proposed; all traffic, air, noise and other environmental issues will be properly addressed. No eminent domain is proposed for any residential property. ACTION: The hearing was closed. Item Nos. 10 and 13 were taken up next. NON CONSENT RESOLUTION REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) 10. Resolution No. 2001-87. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE NEGATIVE DECLARATION FOR THE PROPOSED 2001 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT. (Community Development Commission) Refer to Item Nos. 1 and 13 RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Soto, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Soto, Waters. Nays: None. Abstain: Beauchamp, Inzunza. Absent: None. ORDINANCE FOR INTRODUCTION Motion by Morrison, seconded by Soto, to introduce the Ordinance by title only. Carried by the following vote, to -wit: Ayes: Morrison, Soto, Waters. Nays: None. Abstain: Beauchamp, Inzunza. Absent: None. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT THROUGH THE ADOPTION OF THE 2001 AMENDMENT TO THE REDEVELOPMENT PLAN." (Community Development Commission) Refer to Item Nos. 1 and 10 Book 83/Page 169 6/12/01 Mayor Waters called a recess at 6:34 p.m. The meeting was reconvened at 6:36 p.m. All members were present. PUBLIC HEARING CONTRACT (C90-26) 2. Public Hearing: To consider a Rate Increase Request for EDCO Disposal Corporation. (Public Works) Refer to Item No. 11 Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended the hearing be held. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Soto, to close the hearing. Carried by unanimous vote. Item No. 11 was taken up next. NON CONSENT RESOLUTION CONTRACT (C90-26) 11. Resolution No. 2001-88. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TRASH SERVICE RATE CHANGE FOR EDCO DISPOSAL CORPORATION. (Public Works) Refer to Item No. 2 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Soto, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. PUBLIC HEARING STREET VACATION ADMIN (902-26-1) 3. Public Hearing - Vacation of the west half of Arcadia Place betweenl0th and 1 1th Streets (Applicant: Plaza Manor Preservation, L.P.) (Case No.File No. SC-2001-1). (Planning) Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended approval of the street vacation. Book 83/Page 170 6/12/01 PUBLIC HEARING (cont.) STREET VACATION ADMIN (902-26-1) TESTIMONY: Mayor Waters read a letter into the record in opposition to opening Arcadia Place signed by residents of E. 10th and 11th Streets. J. A. Thomas, 3915 E. 11th St., was opposed to the street being opened. Joe Palmone, 2834 E 1 lth St., is opposed to the apartment having access to 10th and 11th Street, and in favor of the fence. Joe Michaels, 7040 Avenida Encinas, Carlsbad, representing the owners, spoke in favor of making the fence as high as possible. Teresa Garcia, 2811 E 11th St., spoke in opposition to eliminating the cul-de-sac. Marcia Caso, 2820 E. 11th St., expressed concern about what is going to be done, and is in favor of vacating the street and putting up the fence. ACTION: Motion by Morrison, seconded by Beauchamp, to approve the vacation of the west half of Arcadia Place between 10th and 1 1th, contingent upon a variance for an 8-foot fence being obtained prior to the vacation being processed and the order to vacate finalized. Carried by unanimous vote. PUBLIC HEARING STREET VACATION ADMIN (902-26-1) 4. Public Hearing — Vacation of the intersection of Taft Avenue and 1 1 th Street (Applicant: Thomas G. Harrington for Crockett & Co., Inc) (Case File No.: SC-1999-1). (Planning) Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended approval of the street vacation. TESTIMONY: Tom Harrington, 4976 Caroline Ln., Fallbrook, a professional land surveyor, representing Crockett & Co. and Southern Pacific Railroad, spoke in favor of the vacation. Book 83/Page 171 6/12/01 PUBLIC HEARING (cont.) STREET VACATION ADMIN (902-26-1) ACTION: Motion by Morrison, seconded by Soto, to approve the vacation. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Soto, Waters. Nays: Beauchamp. Absent: None. Abstain: None. PUBLIC HEARING MUNICIPAL CODE 2001 (506-2-16) 5. Public Hearing — Ordinance amending Title 9, Chapters 9.40 and 9.48 of the NCMC by the adoption of Title 6, Chapters 11 and 12 of the San Diego county Code of Regulatory Ordinances relating to "Certified Unified Program Agency, Hazardous Materials Inventory and Response Plan" and "Medical Wastes." (City Attorney) Refer to Item No. 15 RECOMMENDATION: Staff recommended the hearing be held. TESTIMONY: None. ACTION: The hearing was closed. Item No. 15 was taken up next. ORDINANCE FOR ADOPTION Motion by Morrison, seconded by Waters, to adopt the Ordinance by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 15. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9, CHAP 1'ERS 9.40 AND 9.48 OF THE MUNICIPAL CODE BY THE ADOPTION OF TITLE 6, CHAPTERS 11 AND 12 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO "CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" AND "MEDICAL WASTE." (City Attorney) Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. Book 83/Page 172 6/12/01 ORDINANCE FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Soto, to adopt Ordinance No. 2001-2183. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 6 through 9 (Resolution Nos. 2001-83, 2001-84, 2001-85, 2001-86. Motion by Beauchamp, seconded by Morrison, Item No. 9 be pulled, and the remainder of the Consent Calendar be approved. Carried by unanimous vote. CONTRACT (C2001-24) 6. Resolution No. 2001-83. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BRW, INCORPORATED FOR THE DESIGN OF THE 30TH STREET AND EUCLID AVENUE TRAFFIC SIGNAL INTERCONNECT AND COORDINATION PROJECT (ENGINEERING SPEC. 99-14). (Engineering) ACTION: Adopted. See above. CONTRACT (C2000-49) 7. Resolution No. 2001-84. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE CLAIRMONT AVENUE SEWER PROJECT (ENGINEERING SPECS. NO. 00-6). (Engineering) ACTION: Adopted. See above. CONTRACT (C2001-25) 8. Resolution No. 2001-85. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUI'L A GOVERNMENT SERVICES AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND Book 83/Page 173 6/12/01 CONSENT CALENDAR (cont.) CONTRACT (C2001-25) OFFICIAL PAYMENTS CORPORATION FOR CREDIT CARD AND DEBIT CARD PAYMENT SERVICES." (Finance) ACTION: Approved. See above. City Attorney Eiser clarified that the Staff Report on the agenda erroneously states that the city may choose to pay a conveyance fee as a public service to the community. The agreement does not state that. The agreement states that the conveyance fee should be paid for by the taxpayer. The correct language is contained in the agreement. CONTRACT (C2001-26) 9. Resolution No. 2001-86. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONDUIT AGREEMENT, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE AN ENCROACHMENT PERMIT, WITH GLOBAL CROSSING LOCAL SERVICES, INC., AND THE CITY OF NATIONAL CITY." (Engineering / Public Works) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. NON CONSENT RESOLUTIONS REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) 10. Resolution No. 2001-87. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE NEGATIVE DECLARATION FOR THE PROPOSED 2001 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT. (Community Development Commission) Refer to Item Nos. 1 and 13 ACTION: This item was taken up earlier in the meeting. Book 83/Page 174 6/12/01 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C90-26) 11. Resolution No. 2001-88. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TRASH SERVICE RAPE CHANGE FOR EDCO DISPOSAL CORPORATION. (Public Works) Refer to Item No. 2 ACTION: This item was taken up earlier in the meeting. ORDINANCES FOR INTRODUCTION Motion by Morrison, seconded by Waters, to introduce the Ordinance by title only. Carried by the unanimous vote. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 12. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.30 REGULATING ALCOHOLIC BEVERAGES AND REPEALING CHAPTER 10.31 REGULATING CONSUMPTION OF ALCOHOLIC BEVERAGES." (City Attorney) TESTIMONY: Alfred Hlwatch, 905 E. 13th St., inquired if the Ordinance would apply to limousines for hire. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT THROUGH THE ADOPTION OF THE 2001 AMENDMENT TO THE REDEVELOPMENT PLAN." (Community Development Commission) Refer to Item Nos. 1 and 10 ACTION: This item was taken up earlier in the meeting. ORDINANCES FOR ADOPTION NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) Motion by Morrison, seconded by Waters, to introduce the Ordinances by title only. Carried by unanimous vote. Book 83/Page 175 6/12/01 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 14. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTIONS 18.116.060, 18.114.060, AND 18.112.060 REGARDING THE FILING OF APPLICATIONS FOR CONDITIONAL USE PERMITS, VARIANCES AND OTHER DISCRETIONARY APPROVALS." (Planning). RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval of the amendment. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Soto, to adopt Ordinance No. 2001-2184. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 15. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9, CHAPTERS 9.40 AND 9.48 OF THE MUNICIPAL CODE BY THE ADOPTION OF TITLE 6, CHAPTERS 11 AND 12 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO "CERTIFIED UNIFIED PROGRAM AGENCY, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLAN" AND "MEDICAL WASTE." (City Attorney) ACTION: This item was taken up earlier in the meeting. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 16. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 95-2101 AND SECTION 2.04.010 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO MEETING TIMES OF THE CITY COUNCIL." (City Attorney). RECOMMENDATION: Staff recommended approval. TESTIMONY: Mark Baca, 105 Harbison Ave., read a letter into . the record demanding that the Council censure Councilman Inzunza. (Copy on file in the Office of the City Clerk). Book 83/Page 176 6/12/01 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) ACTION: Motion by Inzunza, seconded by Beauchamp, to adopt Ordinance No. 2001-2185. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Soto. Nays: Morrison, Waters. Absent: None. Abstain: None. NEW BUSINESS TEMPORARY USE PERMITS 2001 (203-1-17) 17. SUBJECT: Temporary Use Permit - Kiwanis Club of Sweetwater Carnival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP, subject to compliance with all conditions of staff, and grant the waiver of all fees. TESTIMONY: Larry Tagle, Kiwanis Fund Raising Chairman, responded to questions and spoke in favor. ACTION: Motion by Waters, seconded by Soto, in favor of staff's recommendation. Carried by unanimous vote. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR. No Report. CITY COUNCIL TROLLEY BOARD ADMIN (101-15-1) 18. SUBJECT: Reimbursement to San Diego Trolley for cancellation of conference. (Vice Mayor Beauchamp). Vice Mayor Beauchamp advised the Council that, on the instructions of the City Attorney, he had to cancel his planned trip to the American Public Transit Association meeting in Boston at the last minute. Vice Mayor Beauchamp explained the payment policy of the MTDB when a member cancels a conference. Mr. Beauchamp was advised to present a bill for consideration if payment was necessary. ACTION: No action was taken. Book 83/Page 177 6/12/01 PUBLIC ORAL COMMUNICATIONS Mr. Gonzales, 2024 La Siesta, and Mr. Farez Odeesh, no address given, expressed their displeasure with the presence of unlicensed pushcarts in the city. Cecilia Kirk, 311 E. 2nd St., thanked Mayor Waters and Councilman Morrison for their opposition to reducing the number of Council Meetings. CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a) a) Linda Kaye Harter v. City of National City Court of Appeal, Fourth Appellate District, Case No. D035563 b) Shawn Lee v. City of National City United States District Court, Southern District of California, Case No. 98 CV 1292 BTM LSP 2. Conference with Labor Negotiator — Government Code Section 54957.6 Agency Negotiators: Roger DeFratis, Don Condon, Randy Kimble Employee Organization: National City Firefighters' Association ACTION: Motion by Waters, seconded by Soto, to go into Closed Session. Carried by unanimous vote. Members left the Chamber at 8:19 p.m. ADJOURNMENT The meeting was adjourned to Monday, June 18, 2001 at 9:00 a.m. in the Large Conference Room, Civic Center, to consider the 2001-2002 Fiscal Year Budget. The Next Regular Meeting of the City Council of the City of National City to be held on Tuesday, June 19, 2001, at 3:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:40 p.m. Book 83/Page 178 6/12/01 /;1211/Al CITY 1 LERK The foregoing minutes were approved at the Regular Meeting of July 17, 2001. Ls 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.