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HomeMy WebLinkAbout2001 07-17 CC MINBook 83/Page 197 7/17/01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 17, 2001 The Regular Meeting of the City Council of the City of National City was called to order at 6:05 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Soto, Waters. Administrative officials present: Dalla, Desrochers, DiCerchio, Eiser, Kimble, 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. Public Oral Communications was taken up next. PUBLIC ORAL COMMUNICATIONS Calvin Jackson and Wesley Etheridge Sr., 2505 Division St., spoke on behalf of Operation Save Our Youth's Lives (SOYL) requested funding consideration and visit by interested members of the Council and staff. APPROVAL OF MINUTES Motion by Morrison, seconded by Beauchamp, the Minutes of the Regular Meeting of June 12, 2001, the Minutes of the Regular Meeting of June 19, 2001, and the Minutes of the Adjourned Regular Meeting of June 18, 2001, be approved. Carried by unanimous vote. MAYOR'S PRESENTATION NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters requested that City Engineer Burt Myers introduce his new employee, Richard Juarez / Custodian. Mr. Juarez stood and was recognized by those present. Book 83/Page 198 7/17/01 PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) Employee Recognition —Eric J. Hanson, Firefighter. Not present. PARKS AND RECREATION ADVISORY BOARD (101-5-1) Vice Mayor Beauchamp announced that Mayor Waters had recommended that Mr. Carlos Carrillo be appointed to the Parks and Recreation Advisory Board, for a term ending March 31, 2002. ACTION: Motion by Morrison, seconded by Soto, in favor of Mayor's recommendation. Carried by unanimous vote. City Clerk Dalla administered the oath of office to Mr. Carrillo. PUBLIC HEARING VARIANCES 2001 (409-1-31) 1. Public Hearing — Modification of a Conditional Use Permit for the removal of a screening wall and extension of the hours of operation of a mobile recycling collection facility with a variance to allow reverse vending machines further than 30 feet from the main entry to Ralph's Market at 901 Euclid Avenue (Applicant: Tomra Pacific Inc.) (Case File Nos. M1-CUP-1995-8/Z-2001-7). (Planning) Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the CUP and Zone Variance be approved. TESTIMONY: Richard Kearns, 7092 Betty Dr, Huntington Beach, CA., Tomra Pacific Inc., spoke in favor and responded to questions. ACTION: The hearing was closed. Motion by Morrison, seconded by Soto, to approve staff's recommendation. Carried by unanimous vote. PUBLIC HEARING LOCAL COASTAL PROG ADMIN (405-5-1) 2. Public Hearing — Appeal of a Coastal Development Permit for a sandblast materials storage and distribution facility on the south side Book 83/Page 199 7/17/01 PUBLIC HEARING (cont.) LOCAL COASTAL PROG ADMIN (405-5-1) of Bay Marina Drive approximately 335 feet west of Harrison Avenue / Bay Marina Way (Applicant: Kleen Blast) (Case File No. CDP-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 that the Coastal Development Permit be approved with all of the conditions from Planning Commission Resolution No. 20-2001. TESTIMONY: Abel Parra, 845 E. 8th St., representing the applicant, made a presentation, spoke in favor of the permit and requested elimination of condition No. 19 requiring permanent restroom facilities. Tim Spurgeon, 2600 Old Crow Canyon #200, San Ramon, CA., the applicant, responded to questions and spoke in favor of eliminating condition #19. ACTION: Motion by Waters, seconded by Morrison, to approve the permit including all conditions. Motion failed. Motion by Morrison, seconded by Beauchamp, to have staff look at possible alternatives and continue the hearing for thirty days. Carried by unanimous vote. PUBLIC HEARING CONDITIONAL USE PERMITS 2001 (403-16-1) 3. Public Hearing — Appeal of Conditional Use Permit for the sale of beer and wine in an existing market at 431 N. Highland (Applicant: Samir Somo) (Case File No. CUP-2001-05). (Planning) Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the CUP be denied. TESTIMONY: Terry Hanks, 1104 Palm Ave., spoke in favor of the permit. George Scharff, 3808 Cottonwood St. #A, San Diego, spoke in favor of the permit. Book 83/Page 200 7/17/01 PUBLIC HEARING (cont.) CONDITIONAL USE PERMITS 2001 (403-16-1) Dr. Sami Jihad, 1673 Avenida Chesrylita, El Cajon, distributed photographs, submitted a petition and spoke in favor of the permit. Rosalio Lopez, 352 Delta St., Unit 109, spoke in favor of the permit. Maria Arechar, 4368 Delta St., # 507, San Diego, spoke in favor of the permit. Mable Reed, 840 Bucky Ln., spoke in opposition to the permit. Sheila Salonius, 304 W 18th St., chair of the National City ATOD Task Force, spoke against the permit. Alice Anderson, 4096 Gamma St., San Diego, spoke in favor of the permit. Jeannette Velasquez, 1116 E. 1st St., spoke against the permit. Mary Martin, 1527 E. 15th St., spoke against the permit. ACTION: Motion by Beauchamp, seconded by Morrison, to deny the request. Motion failed by the following vote, to -wit: Ayes: Beauchamp, Morrison. Nays: Inzunza, Soto, Waters. Absent: None. Abstain: None. Motion by Inzunza, seconded by Soto, to approve the request based on the findings contained in the agenda and subject to all the conditions of approval. Carried by the following vote, to -wit: Ayes: Inzunza, Soto, Waters. Nays: Beauchamp, Morrison. Absent: None. Abstain: None. PUBLIC HEARING WEED ABATEMENT 2001 (402-3-5) 4. Public Hearing - Weed Abatement Public Hearing. (Fire) Refer to Agenda Item No. 25 Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: None. TESTIMONY: Mr. Hollis Barber, 2240 El Prado, Lemon Grove, appeared on behalf of his mother. Mr. Barber maintained that he cleaned the property when he received the Book 83/Page 201 7/17/01 PUBLIC HEARING (cont.) WEED ABATEMENT 2001 (402-3-5) notice, that his property may be confused with the adjacent property and that the amount being billed is excessive. ACTION: Motion by Beauchamp, seconded by Morrison, to close the public hearing. Carried by unanimous vote. Mayor Waters called a recess at 8:40 p.m. The meeting was reconvened at 8:53 p.m. All members were present. Item Nos. 32 and 28 were taken up next. NEW BUSINESS BUILDING PERMIT ADMIN (405-2-1) 32. SUBJECT: Application for a moved building located at 2131 Tidelands — BNSF Railroad. (Building & Safety) RECOMMENDATION: Staff recommended approval of the application for moving a structure onto the site at 2131 Tidelands Avenue. TESTIMONY: Bob Brensa, BNSF Railroad, 740 E. Kearney Dr., San Bernardino, CA., spoke in favor of the application. ACTION: Motion by Morrison, seconded by Beauchamp, to approve the application for moving a structure onto the site at 2131 Tidelands Avenue. Carried by unanimous vote. NEW BUSINESS SUBDIVISION / E. 16TH ST AND "M" AVE (S-2000-2) (415-32-1) 28. SUBJECT: Report on the subdivision of a vacant, 61,420 square foot lot into nine single-family parcels at the northwest corner of E. 16th Street and "M" Avenue (Case File No. S-2000-2). (Planning) RECOMMENDATION: Staff recommended that the requirement for the cul-de-sac be retained. TESTIMONY: Frank Arrington, 830 Golden Park Ave., San Diego, CA., owner of the property, spoke in favor of abandoning the requirement for a cul-de-sac. Book 83/Page 202 7/17/01 NEW BUSINESS (cont.) SUBDIVISION / E. 16TH ST AND "M" AVE (S-2000-2) (415-32-1) Andy Schlaefli, Traffic Engineer with Urban Systems Associates, Inc., 4540 Kearny Villa Rd. #106, reviewed the findings of the traffic study his company prepared and recommended elimination of the cul-de-sac. ACTION: Motion by Beauchamp, to refer back to Engineering to come up with a solution to the right -in turn., right -out turn with a structure in the middle that will direct people to go up the hill out of the project or come into the project only when they are headed west, and to come back within 30 days. Died for lack of a second. Motion by Beauchamp, seconded by Soto, to approve the project with the modification of Item No. 31 that the south cul-de-sac be removed and the connection be directly to 16th St on `M' Ave., and that it be a right -turn in and right -turn out of the project. Carried by the following vote, to -wit: Ayes: Beauchamp, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: Inzunza. Note: Councilman Inzunza abstained because he owns property within 500 feet of the proposed development. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 5 through 14 (Resolution Nos. 2001-97, 2001-98, 2001-99, 2001-100, 2001-101, 2001- 102, 2001-103, 2001-104, 2001-105, 2001-106), Item Nos. 15 through 18 (Warrant Register Nos. 50, 51, 01 and 02), and Item Nos. 19, 20, 21, 22 and 23 (Claim for Damages). Motion by Beauchamp, seconded by Soto, the Consent Calendar be approved. Carried by unanimous vote. PARKING ADMIN 2001 (801-2-21) 5. Resolution No. 2001-97. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 1849 "K" AVENUE (G. CAMPOS, TSC ITEM NO. 2001-15)." (Engineering) ACTION: Adopted. See above. Book 83/Page 203 7/17/01 CONSENT CALENDAR (cont.) PARKING ADMIN 2001 (801-2-21) 6. Resolution No. 2001-98. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 2113 "C" AVENUE (M. SIRAGUSA, TSC I'1'bM NO. 2001-15)." (Engineering) ACTION: Adopted. See above. PARKING ADMIN 2001 (801-2-21) 7. Resolution No. 2001-99. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH ANGLE PARKING ON THE EAST SIDE OF "A" AVENUE BETWEEN 2ND STREET AND 3RD STREET (L. MACARAEG, TSC ITEM NO. 2001-12)." (Engineering) ACTION: Adopted. See above. SIDEWALK/CURB/GUTTER ADMIN 2001 (903-7-9) 8. Resolution No. 2001-100. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE AND ACCEPT ON BEHALF OF THE PUBLIC THE SIDEWALK AND UTILITY EASEMENT AS SHOWN ON TENTATIVE PARCEL MAP NO. LS-1998-1." (Engineering) ACTION: Adopted. See above. COUNCIL MEETINGS REGS / SCH ADMIN (102-7-1) 9. Resolution No. 2001-101. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 102 PERTAINING TO CITY COUNCIL MEETING TIMES." (City Manager) ACTION: Adopted. See above. CONTRACT (C2001-30) 10. Resolution No. 2001-102. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT NO. 007 Book 83/Page 204 7/17/01 CONSENT CALENDAR (cont.) CONTRACT (C2001-30) TO THE STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT FOR RESURFACING OF VARIOUS CITY STREETS. (FEDERAL -AID PROJECT NO. SB98- 5066(001)." (Engineering/ Public Works) ACTION: Adopted. See above. CONTRACT (C2001-31) 11. Resolution No. 2001-103. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARDING ESE, INC. FOR THE UPDATING OF THE CITY'S PAVEMENT MANAGEMENT SYSTEM." (Engineering) ACTION: Adopted. See above. COMM DEV / LANDSCAPE DISTRICT NO. 1 (406-2-8) 12. Resolution No. 2001-104. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL .CITY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) ACTION: Adopted. See above. COMM DEV / LANDSCAPE DISTRICT NO. 1 (406-2-8) 13. Resolution No. 2001-105. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) ACTION: Adopted. See above. Book 83/Page 205 7/17/01 CONSENT CALENDAR (cont.) COMM DEV / LANDSCAPE DISTRICT NO. 1 (406-2-8) 14. Resolution No. 2001-106. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING THEREON." (Community Development Commission) ACTION: Adopted. See above. WARRANT REGISTER (202-1-15) 15. Warrant Register #50. Ratification of Demands in the amount of $1,307,502.24 (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-15) 16. Warrant Register #51. Ratification of Demands in the amount of $232,343.23. (Finance ) ACTION: Approved. See above. WARRANT REGISTER (202-1-15) 17. Warrant Register #01. Ratification of Demands in the amount of $1,131,903.39. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-15) 18. Warrant Register #02. Ratification of Demands in the amount of $416,305.67. (Finance) ACTION: Approved. See above. CLAIMS (501-1-145) 19. SUBJECT: Claim for Damages: Judy Sacay. (City Clerk) ACTION: Denied. See above. Book 83/Page 206 7/17/01 CONSENT CALENDAR (cont.) CLAIMS (501-1-145) 20. Claim for Damages: Sondrea Dorita Jones. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-145) 21. Claim for Damages: Michael Paris. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-145) 22. Claim for Damages: Abraham Gonzalez de la Torre. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-145) 23. Claim for Damages: Roman Enedina. (City Clerk) ACTION: Denied. See above. NON CONSENT RESOLUTIONS COMM DEV ADMIN 2001 (406-2-9) FIRE DEPT ADMIN (305-1-1) 24. Resolution No. 2001-107. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECU1'L A SECTION 108 LOAN FUNDING APPROVAL / AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT *HUD) AND TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF THE NEW MAIN FIRE STATION PROJECT." (Community Development Commission) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Soto, to adopt the Resolution. Carried by unanimous vote. Book 83/Page 207 7/17/01 NON CONSENT RESOLUTIONS (cont.) WEED ABATEMENT 2001 (402-3-5) 25. Resolution No. 2001-108. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE COSTS OF WEED ABATEMENT FOR FY 2001/2002." (Fire) Refer to Agenda Item No. 4 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Soto, seconded by Beauchamp, to approve the Resolution. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 26. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 12 PERTAINING TO NOISE CONTROL." (City Attorney) ACTION: This item was laid over. No action taken. WRITTEN COMMUNICATIONS MAYOR ADMIN (102-14-2) 27. SUBJECT: Letters from Don Mauney, DM Auto, regarding the gate to the alley at 225 W. 9th Street. ACTION: Motion by Beauchamp, seconded by Morrison, for City to initiate vacation proceedings. Carried by unanimous vote. NEW BUSINESS SUBDIVISION / E. 16TH ST AND "M" AVE (S-2000-2) (415-32-1) 28. SUBJECT: Report on the subdivision of a vacant, 61,420 square foot lot into nine single-family parcels at the northwest corner of E. 16th Street and "M" Avenue (Case File No. S-2000-2). (Planning) ACTION: This item was taken up earlier. Book 83/Page 208 7/17/01 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2001 (403-16-1) 29. SUBJECT: Notice of Decision — Conditional Use Permit and Coastal Development Permit for a wireless communications facility on the east side of Tidelands Avenue between Civic Center Drive and 19th Street (Applicant: Nextel Communications) (Case File No. CUP- 2000-31/CDP-2000-6). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. VARIANCES (409-1-31) 30. SUBJECT: Notice of Decision — Zone Variance concerning existing requirements for a parking lot at the northeast corner of "Q" Avenue and E. 16t1' Street (Applicant: Copper Hills Apartments Limited Partnership) (Case File No. S-2000-2). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. Vice Mayor Beauchamp abstained because he owns property within 500 feet of the project. N.C. COMMUNITY CENTER (1101-5-1) 31. SUBJECT: Request to use the Community Center for a Beginning Teacher Support and Assessment Program and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: This item was tabled to the next meeting. BUILDING PERMIT ADMIN (405-2-1) 32. SUBJECT: Application for a moved building located at 2131 Tidelands — BNSF Railroad. (Building & Safety) ACTION: This item was taken up earlier. Book 83/Page 209 7/17/01 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2001 (203-1-17) 33. SUBJECT: Temporary Use Permit — National City Chamber of Commerce — Heritage Days Annual Parade of Vintage Cars and Auto Show. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all conditions of approval, grant the waiver of all fees, and waive the 6-week requirement for use of the park. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Soto, to approve staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 34. SUBJECT: Temporary Use Permit — Sweetwater Town & Country Merchants — Heritage Days Annual Parade of Vintage Cars and Auto Show. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Soto, to approve staffs recommendation, and deny the request for waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 35. SUBJECT: Temporary Use Permit — St. Mary's Catholic Church — Annual Fall Festival / Fund Raising. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Soto, to approve staff's recommendation. Carried by unanimous vote. Book 83/Page 210 7/17/01 CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF Fire Chief Kimble advised that the Chamber of Commerce intended to request use of the Seagraves Fire truck in the Auto Heritage Days parade but did not submit their request in time for the agenda. ACTION: Motion by Beauchamp, seconded by Morrison, to bring the item on the agenda. Carried by unanimous vote. Motion by Beauchamp, seconded by Soto, to approve the use of the fire truck with all appropriate conditions. Carried by unanimous vote. MAYOR Mayor Waters reported on the ribbon cutting at the Jolly Bee restaurant; announced that the assessed valuation in National City is $1.8 billion; gave an update on the AMTRAK project; and read a letter he received regarding the Bridge Project. Mayor Waters also read letters he sent regarding flags at Kimball Bowl on the 4th of July and the availability of money for refurbishing the municipal pool. CITY COUNCIL Councilman Morrison gave a status report on the Regional Governance proposal and also suggested a workshop be held with AMTRAC to discuss their proposal. PUBLIC ORAL COMMUNICATIONS. This item was taken up earlier in the meeting. ADJOURNMENT Motion by Morrison, seconded by Waters, the meeting be adjourned to the Next Regular Meeting of the City Council of the City of National City, Tuesday, August 7, 2001, at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 10:26 p.m. Book 83/Page 211 7/17/01 Yet:2 CITY LERK The foregoing minutes were approved at the Regular Meeting of August 7, 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.