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HomeMy WebLinkAbout2001 10-16 CC MINBook 83/Page 266 10/16/01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 16, 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, Waters. Administrative officials present: Dalla, DeFratis, DiCerchio, Eiser, Kimble, McCabe, Morse, Myers, Post, Trees. APPROVAL OF MINUTES Motion by Morrison, seconded by Beauchamp, the Minutes of the Regular Meeting of October 2, 2001, be approved. Carried by unanimous vote. SWEARING IN OF NEW COUNCILMEMBER ROSALIE ZARATE BY THE CITY CLERK. Mayor Waters asked Rosalie Zarate to come forward to be sworn in to office as a Member of the City Council. City Clerk Dalla administered the oath of office. ROLL CALL OF THE NEW CITY COUNCIL Councilmembers present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Councilmember Zarate introduced her husband; thanked the Council for the confidence they have shown in her; said she is looking forward to serving on the Council again, and repeated her promise not to run for the Council seat in the next election. Mayor Waters indicated there were three additional items to be added to the Agenda: Item No. 16A, 16B, and 17A. ACTION: Motion by Beauchamp, seconded by Inzunza, to add the items. Carried by unanimous vote. Book 83/Page 267 10/16/01 NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters requested that Building & Safety Director Kathleen Trees introduce her new employee, Oscar Lucio / Housing Inspector. Mr. Lucio stood and was recognized by those present. PROCLAMATIONS (102-2-1) Motion by Morrison, seconded by Inzunza, the Proclamation be read. Carried by unanimous vote. The Proclamation proclaiming the week of October 21-27, 2001, to be: "World Population Awareness Week," was read in its entirety by Mayor George Waters. INTERVIEWS AND APPOINTMENTS BOARDS AND COMMISSIONS (101-1-1) Mr. John Gordy, 1811 "N" Avenue, appeared for an interview and expressed an interest in serving on the Housing & Community Development Committee. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 1 through 3 (Resolution Nos. 2001-155 through 2001-157), Item Nos. 4 and 5 (Warrant Registers), and Item Nos. 6 and 7 (Claims for Damages). Motion by Morrison, seconded by Zarate, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. CONTRACT (C99-21) PARADISE CREEK EDUCATION PARK (702-10-1) 1. Resolution No. 2001-155. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP TO PROVIDE CONSTRUCTION PLANS AND SPECIFICATIONS FOR PARADISE CREEK EDUCATIONAL PARK." (Parks & Recreation) ACTION: Adopted. See above. Book 83/Page 268 10/16/01 CONSENT CALENDAR (cont.) CONTRACT (C2001-48) 2. Resolution No. 2001-156. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE J.O.G. / D.A.R.E./ SCHOOL LIAISON PROGRAM." (Police) ACTION: Adopted. See above. CDC / BUSINESS IMPROVEMENT DISTRICT (BID) (406-2-10) 3. Resolution No. 2001-157. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING THE CITY'S INTENT TO ESTABLISH THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT." (Community Development Commission) ACTION: Adopted. See above. WARRANT REGISTER (202-1-16) 4. Warrant Register No. 14. Ratification of Demands in the amount of $1,059,356.54. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 5. Warrant Register No. 15. Ratification of Demands in the amount of $174,483.92. (Finance) ACTION: Approved. See above. CLAIMS (501-1-145) 6. Claim for Damages: Toshinari Koguchi, Progressive Insurance. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-145) 7. Claim for Damages: Terry Hanks. (City Clerk) ACTION: Denied. See above. Book 83/Page 269 10/16/01 CONSENT CALENDAR (cont.) WRITTEN COMMUNICATIONS STREET VACATION ADMIN (902-26-1) 8. SUBJECT: Petition concerning Arcadia Place. RECOMMENDATION: None. TESTIMONY: Lilia Estrada, opening Arcadia Place. Marcia Csondor-Caso, 2820 E. Arcadia Place. Grace Garcia, 2811 E. 1 1 th St., Place. Margarita Valencia, 2803 E. 11`h St., spoke against opening Arcadia Place. J. A. Thomas, 2915 E. 11 m St., spoke against opening Arcadia Place. Angela Vazquez, 2919 E. 11th St., spoke against opening Arcadia Place. ACTION: Motion by Inzunza, seconded by Morrison, to re- install the barriers. Carried by unanimous vote. 2907 E. 11 `h St., spoke against 11 `h St., spoke against opening spoke against opening Arcadia NEW BUSINESS POLITICAL SUPPORT ADMIN (102-4-1) 9. SUBJECT: Consider joining Amicus Curiae briefs in Alford v. Superior Court, Barden v. City of Sacramento and Loewenstein v. City of Lafayette. (City Attorney) RECOMMENDATION: To join in the Amicus Curiae Brief. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, to approve the recommendation. Carried by unanimous vote. CA DEPT OF TRANSPORTATION (CALTRANS) (802-5-1) 10. SUBJECT: Request for direction from City Council regarding the draft lease agreement between Caltrans and the City of National City for the property located at the northwest corner of the Palm Avenue and Division Street Intersection, "The Bridge Proposal." (Public Works / Engineering) Book 83/Page 270 10/16/01 NEW BUSINESS (cont.) CA DEPT OF TRANSPORTATION (CALTRANS) (802-5-1) RECOMMENDATION: Staff recommended that City Council review the lease and, if acceptable, authorize the Mayor to sign it. TESTIMONY: Joel San Juan, 2743 Highland Ave., expressed confidence that that the 180-day clause was workable and acceptable, and spoke in favor of the City signing the lease. Joe Okeefe, 7194 Caminito Zabala, San Diego, spoke in favor of the City signing the lease. ACTION: Motion by Beauchamp, seconded by Inzunza, to consummate lease with the State of California; move forward with intent to consummate subleases., and to thank Senator Peace for his assistance in arranging the lease for the benefit of the residents of southeast San Diego and National City. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Zarate, Waters. Nays: Morrison. Absent: None. Abstain: None. Mayor Waters recognized the presence of the Barragon Family in the audience. Carlos Barragon, 1916 '0' Ave., provided an update on the gym project underway at the former Weiser's Sporting Goods store. CITY ATTORNEY REPORTS (509-1-3) 11. SUBJECT: Report on clarification of the relationship between Transient Occupancy Taxes and the definition of "Transient." (City Attorney) RECOMMENDATION: None. TESTIMONY: Todd Olson, 12877 Via Caballo Tojo, appeared on behalf of Pacifica Host Hotels and requested that the new ownership of the Holiday Inn and Red Lion Hotel be given an opportunity to meet with City staff regarding some of the language being proposed.. ACTION: Motion by Morrison, seconded by Zarate, to table for thirty days, and staff to meet with interested parties to discuss. Carried by unanimous vote. Book 83/Page 271 10/16/01 NATIONAL CITY COMMUNITY CENTER (1101-5-1) 12. SUBJECT: Request to use the Community Center by the National School District and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Waters, seconded by Morrison, to approve request. Councilwoman Zarate recommended that the custodial fees should be paid. The maker and second agreed. The motion was amended to require that the custodial fees be paid. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 13. SUBJECT: Temporary Use Permit — McCune Motors —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 Zarate, seconded by Waters, the TUP be approved. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 14. SUBJECT: Temporary Use Permit — Father and Son Auto Sales — 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 Zarate, seconded by Waters, the TUP be approved. Carried by unanimous vote. CONDITIONAL USE PERMITS 2001 (403-16-1) 15. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communications facility on a church at 242 E. 8th Street (Applicant: AT&T Fixed Wireless Service) (Case No. CUP-2001-6). (Planning) Book 83/Page 272 10/16/01 CONDITIONAL USE PERMITS 2001 (cont.) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Accepted and filed. CONDITIONAL USE PERMITS 2001 (403-16-1) 16. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communications facility on Plaza Boulevard west of and adjacent to Interstate 805 (Applicant: Richard Connor Riley & Associates) (Case File No. CUP-2001-3). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Accepted and filed. TEMPORARY USE PERMITS 2001 (203-1-17) 16A. SUBJECT: Temporary Use Permit — Scout -A -Rama. (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 Waters, the TUP be approved, including waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 16B. SUBJECT: Temporary Use Permit — South Bay Community Church Fall Festival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Book 83/Page 273 10/16/01 TEMPORARY USE PERMITS 2001 (cont.) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, the TUP be approved, including waiver of fees. Carried by unanimous vote. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR Mayor Waters reported that he and Vice Mayor Beauchamp attended the annual Public Works celebration and saw a major promotion for the Kimball car and the roundhouse project. CITY COUNCIL PERSONNEL ADMIN (604-6-1) 17. SUBJECT: Discussion of compensation for City employees called to active duty military reserve status. (Councilman Beauchamp) ACTION: Motion by Morrison, seconded by Beauchamp, to support staff recommendation. Carried by unanimous vote. PERSONNEL ADMIN (604-6-1) 17A. SUBJECT: Transit First: Showcase Project (MTDB). (Councilman Beauchamp) ACTION: Will be on next Agenda. No action taken. Councilman Morrison reported on freeway landscaping and sound wall funding criterion being considered by SANDAG; regional governance structure and jurisdictional issues being considered such as the consolidation of the two regional transit agencies and development of a Regional Master Plan. Book 83/Page 274 10/16/01 PUBLIC ORAL COMMUNICATIONS Richard Hamilton gave an update on Electric Railroad activities on the Coronado belt line. Mary Martin invited Council to a fundraiser at her church, and praised the recent actions of the police department. Terry Hanks expressed his unfavorable opinions on the performance of the Police Department and the City Council. CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation. Initiation of Litigation Pursuant to Government Code Section 54956.9(c) (One potential case: Abandonment of MTDB / SD&AE rail line south from "F" Street in Chula Vista) ACTION: Motion by Zarate, seconded by Beauchamp, to go into closed session. Carried by unanimous vote. Public Report of Action Taken in Closed Session: The City Council authorized the City Attorney to initiate litigation. Once the litigation is commenced, the action, the defendants, and other parties shall be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize the City's ability to conclude settlement negotiations to its advantage. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council of the City of National City, November 6, 2001, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 9:05 p.m. Book 83/Page 275 10/16/01 The foregoing minutes were approved at the Regular Meeting of November 6, 2001. 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.