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HomeMy WebLinkAbout2001 08-07 CC MINBook 83/Page 212 8/7/01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 7, 2001 The Regular Meeting of the City Council of the City of National City was called to order at 6:01 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Soto, Waters. Administrative officials present: Dalla, Desrochers, DiCerchio, Eiser, Hodges, Matienzo, Morse, Myers, Post, Ruiz, Trees. APPROVAL OF MINUTES Motion by Morrison, seconded by Beauchamp, the Minutes of the Regular Meeting of July 17, 2001, be approved. Carried by unanimous vote. MAYOR'S PRESENTATION (102-14-2) Scottish Rite Law Enforcement Officer of the Year Award — Jeffrey Meeks. Police Chief DiCerchio explained the significance of the Officer of the Year Award, read the citation describing the actions of officer Jeffrey Meeks and introduced Lou Balke representing the Scottish Rite Free Masons. Mr. Balke, a former Sergeant in the National City Police Department, gave a brief history of the award and presented it to Officer Meeks. PROCLAMATIONS (102-2-1) Motion by Morrison, seconded by Soto, the Proclamation be read. Carried by unanimous vote. The Proclamation proclaiming the week of August 6-10, 2001, to be: "MUNICIPAL TREASURERS' WEEK," was read in its entirety by Mayor George Waters, and presented to City Treasurer George Hood. INTERVIEWS AND APPOINTMENTS SENIOR CITIZENS ADVISORY COMM ADMIN (101-11-1) Mayor Waters turned control of the meeting over to Vice Mayor Beauchamp. Mr. Beauchamp announced that Mayor Waters had recommended that Lucille Delorme and Marie Clifton be reappointed to the Civil Service Commission, for a term ending August 31, 2003. 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. Delorme and Ms. Clifton. Book 83/Page 213 8/7/01 BOARDS AND COMMISSIONS (101-1-1) Mr. Edward Smith, III, 2440 D Avenue, appeared for an interview and expressed an interest in serving on several Boards and Commissions. Ms. Renee Smith, 2440 E Avenue, appeared for an interview and expressed an interest in serving on the Housing and Community Development Committee. Mr. Jacobs Randall, 3131 Valley Road #30, appeared for an interview and expressed an interest in serving on several Boards and Commissions. Mr. Craig Prior, 614 East 4th Street, appeared for an interview and expressed an interest in serving on several Boards and Commissions. PUBLIC HEARING VARIANCES 2001 (409-1-31) 1. Public Hearing regarding levy of assessments for costs of maintenance — Landscape District No. 1 (LMD) — "Mile of Cars." (CDC) Refer to Item No. 15 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 public hearing be held per Order of Procedure. TESTIMONY: No speakers. ACTION: The hearing was closed. Book 83/Page 214 8/7/01 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 2 through 8 (Resolution Nos. 2001-109, 2001-110, 2001-111, 2001-112, 2001-113, 2001-114, 2001-115), Item Nos. 9 through 11 (Warrant Register Nos. 03, 04 and 05), Item No. 6 (Consolidated Cash and Investment Report), Item No. 13 (Claim for Damages), and Item No. 14 (Street Tree Committee Minutes). Motion by Morrison, seconded by Soto, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. CONTRACT (C2001-32) 2. Resolution No. 2001-109. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND DMG-MAXIMUS FOR STATE MANDATED COST CLAIM SERVICES FOR FY 2001-2002." (Finance) ACTION: Adopted. See above. CONTRACT (C2001-21) 3. Resolution No. 2001-110. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE FOR THE NATIONAL CITY PARKING LOT RESURFACING PROJECT. (ENGINEERING SPEC. NO. 00-16)." (Engineering) ACTION: Adopted. See above. CONTRACT (2001-33) 4. Resolution No. 2001-111. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE BID FROM ALTEC INDUSTRIES, INC. AND AUTHORIZING THE PURCHASE OF ONE AERIAL TREE TRIMMING TRUCK WITH CHIPPER." (Purchasing) ACTION: Adopted. See above. Book 83/Page 215 8/7/01 CONSENT CALENDAR (cont.) CONTRACT (C2001-34) 5. Resolution No. 2001-112. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MJC CONSTRUCTION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS. (SPEC. NO. 00-9)." (Public Works/Engineering) ACTION: Adopted. See above. DEEDS AND EASEMENTS (D2001-2) 6. Resolution No. 2001-113. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A DRAINAGE EASEMENT LOCATED AT THE SOUTHWEST CORNER OF ROOSEVELT AVENUE AND 7TH STREET FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND AUTHORIZING THE CITY CLERK TO EXECUTE A CERTIFICATION OF ACCEPTANCE AND TO RECORD SAID DRAINAGE EASEMENT." (Community Development Commission) ACTION: Adopted. See above. PARKING ADMIN 2001 (801-2-21) 7. Resolution No. 2001-114. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A DISABLED PERSON'S PARKING ZONE AT 126 W. 14T11 STREET. (MS. KATHY MCGOWAN, TSC ITEM NO. 2001-22)." (Engineering) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2001 (403-16-1) 8. Resolution No. 2001-115. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE REMOVAL OF A SCREENING WALL AND THE EXTENSION OF THE HOURS OF OPERATION FOR A MOBILE RECYCLING COLLECTION FACILITY WITH A VARIANCE TO Book 83/Page 216 8/7/01 CONSENT CALENDAR CONDITIONAL USE PERMITS 2001 (403-16-1) ALLOW REVERSE VENDING MACHINES FARTHER 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) ACTION: Adopted. See above. WARRANT REGISTER (202-1-16) 9. Warrant Register #03. Ratification of Demands in the amount of $574,439.18. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 10. Warrant Register #04. Ratification of Demands in the amount of $408,074.32. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 11. Warrant Register #05. Ratification of Demands in the amount of $175,633.09. (Finance) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2001 (204-1-16) 12. SUBJECT: Consolidated Cash and Investment Report as of March 31, 2001. (Finance) ACTION: Accepted and filed. See above. CLAIM FOR DAMAGES (501-1-145) 13. SUBJECT: Claim for Damages: Hector Medel, a minor by and through Monica Lopez, his parent. (City Clerk) ACTION: Denied. See above. STREET TREE PARKWAY COMM ADMIN / MIN (101-2-2) 14. Street Tree Committee Minutes (Parks & Recreation) ACTION: Approved. See above. NON CONSENT RESOLUTIONS COMMUNITY DEV / LANDSCAPE DIST NO. 1 (406-2-8) 15. Resolution No. 2001-116. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) Refer to Item No. 1 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Soto, to adopt the Resolution. Carried by unanimous vote. CONDITIONAL USE PERMITS 2001 (403-16-1) 16. Resolution No. 2001-117. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE IN AN EXISTING MARKET AT 432 NORTH HIGHLAND AVENUE. APPLICANT: SAMIR SOMO. (CASE FILE NO. CUP- 2001-5)." (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Soto, seconded by Inzunza, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Inzunza, Soto, Waters. Nays: Beauchamp, Morrison. Absent: None. Abstain: None. Book 83/Page 217 8/7/01 ORDINANCE FOR INTRODUCTION Motion by Morrison, seconded by Soto, to introduce the Ordinance by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 17. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 12 PERTAINING TO NOISE CONTROL." (City Attorney) ACTION: Terry Hanks, 1104 Palm Avenue, #32, spoke in favor of the Ordinance. 474091,5-0,1 Book 83/Page 218 8/7/01 OLD BUSINESS NATIONAL CITY COMMUNITY CENTER (1101-5-1) 18. SUBJECT: Request to use the Community Center for a Beginning Teacher Support and Assessment Program and waiver of fees. RECOMMENDATION: None. TESTIMONY: Marsha Buckley -Boyle, 1923 Mesa Rd., El Cajon, spoke in favor of the request, responded to questions and indicated they would be willing to pay the fees if necessary. ACTION: Motion by Waters, seconded by Soto, in favor of the request, provided the applicant pays the fees of $2715.03. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2001 (403-16-1) 19. SUBJECT: Notice of Decision — Conditional Use Permit for expansion of a convenience store with the continued sale of beer and wine, at a gas station at 2336 Highland Avenue. (Applicant: Moshail Kamel) (Case File No. CUP-2001-8) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. CONDITIONAL USE PERMITS 2001 (403-16-1) 20. SUBJECT: Notice of Decision — Conditional Use Permit for a youth boxing program and a variance for a reduction in parking requirements at 1018 National City Boulevard (Applicant: Clemente Casillas) (Case File Nos. CUP-2001-9, Z-2001-11). (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 Soto, in favor of staff's recommendation. Carried by unanimous vote. Book 83/Page 219 8/7/01 NEW BUSINESS TEMPORARY USE PERMITS 2001 (203-1-17) 21. SUBJECT: Temporary Use Permit — Christiansen Amusements — Carnival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit, subject to compliance with all conditions of approval. TESTIMONY: Bill Jacobs, Vice President Christiansen Amusements, responded to questions. ACTION: Motion by Morrison, seconded by Beauchamp, in favor of staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 22. SUBJECT: Temporary Use Permit — National City Chamber of Commerce — Taste of National City. (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 Morrison, seconded by Soto, in favor of staffs recommendation, including waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 23. SUBJECT: Temporary Use Permit — McCune -Chrysler -Plymouth - Jeep used vehicle tent sale. (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 Soto, seconded by Morrison, in favor of staffs recommendation. Carried by unanimous vote. CITY MANAGER. No Report. CITY ATTORNEY, No Report. OTHER STAFF. No Report. Book 83/Page 220 8/7/01 MAYOR Mayor Waters provided an update on the enforcement efforts that took place involving unlicensed ice cream vendors. Mayor Waters also reported that the Supreme Court has ruled unfavorably on the ability of local jurisdictions to limit advertising of tobacco products. CITY COUNCIL Councilman Morrison reported on the final proposal and recommendation for the make-up of the proposed regional government board that will be considered by the legislature. STREET DEDICATING / NAMING (903-11-16) 24. SUBJECT: Discussion of Q Avenue Project — Councilman Soto. Following discussion, it was the consensus that the matter would be considered on a future agenda after receipt of an anticipated request from SoCal Housing. There was no vote. PUBLIC ORAL COMMUNICATIONS. None. Mayor Waters called a recess at 7:10 p.m. Council reconvened at 7:13 p.m. All members were present. CLOSED SESSION Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a). Linda Kaye Harter v. City of National City Court of Appeal, Fourth Appellate District Case No. D035563 Conference with Legal Counsel — Anticipated Litigation — Government Code Section 54956.9 (c) One potential case. ACTION: Motion by Morrison, seconded by Soto, to go into Closed Session. Carried by unanimous vote. Book 83/Page 221 8/7/01 Members left the Chamber at 7:14 p.m. Members reconvened at 7:24 p.m. All members were present. City Attorney Closed Session Report: City Attorney Eiser reported that the City Council, in Closed Session, authorized the City Attorney to initiate litigation in order to obtain a judicial determination as to the validity of the initiative measure to create a Police Citizens Review Board. ADJOURNMENT Motion by Morrison, seconded by Beauchamp, the meeting be adjourned to the Next Regular Meeting of the City Council of the City of National City, Tuesday, August 21, 2001, at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 7:25 p.m. y.?,ritz/4414 CITY CLERK The foregoing minutes were approved at the Regular Meeting of August 21, 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.