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HomeMy WebLinkAbout2001 12-04 CC MINBook 83/Page 307 12/4/01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 4, 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, Zarate, Waters. Administrative officials present: Campbell, Dalla, DiCerchio, Eiser, Kimble, Matienzo, McCabe, Morse, Myers, Ray, Trees. Pledge of Allegiance to the flag led by City Manager Tom G. McCabe, followed by the Invocation by Councilmember Beauchamp. APPROVAL OF MINUTES Motion by Beauchamp, seconded by Morrison, the Minutes of the Regular Meeting of November 20, 2001, be approved. Carried by unanimous vote. MAYOR'S PRESENTATION SWEETWATER AUTHORITY ADMIN (907-3-1) Presentation by Sweetwater Authority concerning request to increase production of National City wells. Mayor Waters recognized the presence of Sweetwater Authority Board Members Sue Jarrett and Bud Pocklington and reviewed the accomplishments of the Authority within National City. Mayor Waters then introduced Mr. Dennis Bostad, Operations Manager of the Sweetwater Authority, who gave a presentation on the current and proposed well production in National City and its impact on the local water supply. Mayor Waters displayed a plaque that was presented by the State of California recognizing the National City Adult School facility. Book 83/Page 308 12/4/01 Item No. 16 was taken up next. CONSENT CALENDAR SWEETWATER AUTHORITY ADM1N (907-3-1.) 16. Resolution No. 2001-190. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO INCREASED PRODUCTION OF NATIONAL CITY WELLS." (City Attorney) ACTION: Motion by Morrison, seconded by Beauchamp, to adopt Resolution No. 2001-190. Carried by unanimous vote. Item No. 23 was taken up next. OLD BUSINESS NATIONAL CITY COMMUNITY CENTER (1101-5-1) 23. SUBJECT: Request by the National School district to reduce the cost of the approved use of the Community Center. (Public Works) RECOMMENDATION: None. TESTIMONY: Dr. Ellen Curtin, Assistant Superintendent of the National School District, spoke in favor. ACTION: Motion by Beauchamp, seconded by Zarate, for approval to modify to cover custodial fees. Councilman Morrison requested clarification of the motion: Does the motion include approval on an on -going basis or is it for this one time only? It was clarified that the motion was for the eight events previously approved for this year. Carried by unanimous vote. INTERVIEWS AND APPOINTMENTS SANDAG BIKEWAY ADVISORY COMMITTEE (105-3-15) Bayshore Bikeway Advisory Committee — Appointment — Nick Inzunza. ACTION: Motion by Beauchamp, seconded by Zarate, to approve the Mayor's recommendation. Carried by unanimous vote. Book 83/Page 309 12/4/01 PUBLIC HEARING SUPPLEMENTAL LAW ENFORCEMENT SVCS FUNDS (302-1-4) 1. Public Hearing regarding the Police Department's proposed appropriation and expenditure of 2000/2001 Supplemental Law Enforcement Funds. (Police) Refer to Item #21 RECOMMENDATION: Staff recommended the public hearing be held. TESTIMONY: None. ACTION: There were no speakers. The hearing was closed. PUBLIC HEARING CONDITIONAL USE PERMITS 2001 (403-16-1) 2. Public Hearing — Subdivision and Conditional Use Permit for six condominiums at 228 Palm Avenue (Applicant: Venture One Mortgage Corporation / Carolino Investment Corporation) (Case File No. S-2001-1/CUP/2000-7). (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 Planning Commission's recommendation to approve the Subdivision and Conditional Use Permit. TESTIMONY: Amato Teta, 1708 San Bernardino Ave., Spring Valley, project architect, spoke in favor and thanked staff for all their help. ACTION: The hearing was closed. Motion by Waters, seconded by Zarate, to approve the subdivision and the CUP with all the required findings. Carried by unanimous vote. PUBLIC HEARING GENERAL PLAN 2001 (405-8-4) 3. Public Hearing — Amendment to the combined General Plan / Zoning Map from CL-PD to CG-PD for the Galleria Shopping Center at 2720 Plaza Boulevard and adjacent parking area. (Applicant: Pacific Commercial Management) (Case File Nos.: GP-2001-2/ZC-2001-1). (Planning) Book 83/Page 310 12/4/01 PUBLIC HEARING (cont.) GENERAL PLAN 2001 (405-8-4) Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff concurred with the Planning Commission's recommendation to approve the amendment. TESTIMONY: Kirk Krikorian, 4808 Riding Ridge Rd., San Diego, spoke in favor. Don Lortscher, 2537 E 13th St., spoke in favor. Mike Castanos, Business Manager, National School District, clarified that the District had been notified about the proposal and had no objections. ACTION: Motion by Inzunza, seconded by Morrison, to approve the Amendment with all findings. Carried by unanimous vote. PUBLIC HEARING STREET VACATION (902-35-1) 4. Public Hearing — Vacation and closure of the alley north of 9th Street, west of Hoover Avenue and east of Coolidge Avenue. (Applicant: City initiated) (Case File No. SC-2001-2). (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 Planning Commission's recommendation to deny the alley vacation request. TESTIMONY: Alan Ziman, 132 W 8th St., owner of Sid's Carpet Barn, spoke in opposition. Don Mauney, 225 W 9th St., spoke in favor. ACTION: Councilman Beauchamp disclosed that he has had exparte communication with both parties on the issue. Motion by Morrison, seconded by Beauchamp, in favor of the Planning Commission's recommendation. Carried by unanimous vote. Book 83/Page 311 12/4/01 Item No. 24 was taken up next. NEW BUSINESS CIVIL SERVICE COMMISSION APPEALS (603-2-5) 24. SUBJECT: Public Employee Discipline / Dismissal / Release. (City Attorney) RECOMMENDATION: Staff recommended to affirm, revoke, or modify the action of the Civil Service Commission. TESTIMONY: Attorney Thomas R. Gill, appeared on behalf of the employee. Attorney Gill affirmed his desire to present his client's case in open session. Mr. Gill referenced a document he distributed and asked that the document be made part of the record for the meeting and also distributed a medical letter dated December 3`d. Attorney Gill briefly summarized the information contained in the documents he distributed. Attorney Jim Lowe, representing the Fire Department, reviewed the role of the City Council in the Civil Service system appeal process and their duty to determine if there was any legal reason why the decision of Civil Service Commission should be overturned. Mr. Lowe asked the Council to review the matter and the record before them within that framework. ACTION: No action taken. The matter was taken under deliberation in closed session at the end of the meeting. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 5 through 15 (Resolution Nos. 2001-179 through 2001-189), Item Nos. 17 (Resolution No. 2001-191) and Item Nos.18 and 19 (Warrant Registers). Motion by Waters, seconded by Inzunza, to pull Item No. 20 (Street Tree Committee Minutes) and the remainder of the Consent Calendar be approved. Carried by unanimous vote. CONTRACT (C2001-22) 5. Resolution No. 2001-179. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF Book 83/Page 312 12/4/01 CONSENT CALENDAR (cont.) CONTRACT (C2001-22) COMPLETION FOR THE SAN MIGUEL COURT SEWER PROJECT. (ENGINEERING SPEC. NO. 00-17)." (Engineering) ACTION: Adopted. See above. PARKING ADMIN 2001 (801-2-21) 6. Resolution No. 2001-180. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL RED NO PARKING ZONES AT THE SOUTHWEST CORNER OF CIVIC CENTER DRIVE AND HARDING AVENUE AND AT THE SOUTHEAST CORNER OF PLAZA BOULEVARD AND ROOSEVELT AVENUE. (SAN DIEGO TRANSIT, TSC ITEM NO. 2001-41)." (Engineering) ACTION: Adopted. See above. PARKING ADMIN 2001 (801-2-21) 7. Resolution No. 2001-181. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A DISABLED PERSON'S PARKING ZONE AT 2004 LANOITAN AVENUE. (L. BELTRAN, TSC ITEM NO. 2001-39)." (Engineering) ACTION: Adopted. See above. CONTRACT (C2001-41) 8. Resolution No. 2001-182. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER 4 TO THE NATIONAL CITY STREET RESURFACING PROJECT FOR ADDITIONAL WORK ASSOCIATED WITH THE PAVING OF CIVIC CENTER DRIVE BETWEEN WILSON AVENUE AND HARBOR DRIVE. (ENGINEERING SPEC. NO. 00-08)." (Public Works/Engineering) ACTION: Adopted. See above. Book 83/Page 313 12/4/01 CONSENT CALENDAR (cont.) ENCROACHMENT AGREEMENT ADMIN (903-14-1) 9. Resolution No. 2001-183. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH ATC ASSOCIATES, INC., FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS ALONG 4T1i STREET EAST AND WEST OF PALM AVENUE INCLUDING SOUTH OF 4114 STREET AND "R" AVENUE." (Engineering) ACTION: Adopted. See above. CONTRACT (C2001-57) 10. Resolution No. 2001-184. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CARRIER-JOHNSON ARCHITECTS TO PERFORM DESIGN AND CONSULTING ARCHITECTURAL SERVICES." (Public Works/Engineering/Library) ACTION: Adopted. See above. POLICE DEPARTMENT ADMIN (302-4-1) 11. Resolution No. 2001-185. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TEN YEAR EXTENSION OF THE SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED VEHICLES." (Police) ACTION: Adopted. See above. CONTRACT (C2001-58) 12. Resolution No. 2001-186. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DATA TICKET, INC. FOR THE PROCESSING OF BAILS, FINES AND FORFEITURES THEREOF IN CONNECTION WITH THE Book 83/Page 314 12/4/01 CONSENT CALENDAR (cont.) CONTRACT (C2001-58) ISSUANCE OF CITATIONS FOR ILLEGAL PARKING PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA." (Finance) ACTION: Adopted. See above. SPECIFIC PLAN ADMIN (417-1-1) 13. Resolution No. 2001-187. "A Resolution of the City Council of the City of National City adopting a specific plan for properties on the south side of Paradise Valley Road east of the terminus of East 8th Street. Applicant: Simon & Richard Construction Co. Inc. (Case File Nos. SP-2000-1, IS-2000-10)." (Planning) ACTION: Adopted. See above. SUBDIVISION / PARADISE VALLEY ROAD — 8 1" ST (415-33-1) 14. Resolution No. 2001-188. "A Resolution of the City Council of the City of National City approving a tentative subdivision map to create 38 single-family parcels on the south side of Paradise Valley Road east of the terminus of East 8th Street. Applicant: Simon & Richard Construction Co. Inc. (Case File Nos. S-2000-3, IS-2000-10)." (Planning) ACTION: Adopted. See above. NATIONAL CITY MUNICIPAL CODE (506-2-16) HIGHWAY / FREEWAY SIGNS (803-6-1) 15. Resolution No. 2001-189. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING APPENDIX A OF THE SIGN ORDINANCE (MUNICIPAL CODE SECTION 18.62.030) REGARDING ALLOWABLE SIGN HEIGHTS FOR FREEWAY -ORIENTED SIGNS IN GENERAL COMMERCIAL ZONES. APPLICANT: JOHN HEALY, WESTFIELD CORPORATION. (CASE FILE NO. A-2001-4)." (Planning) ACTION: Adopted. See above. Book 83/Page 315 12/4/01 CONSENT CALENDAR (cont.) SWEETWATER AUTHORITY ADMIN (907-3-1) 16. Resolution No. 2001-190. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO INCREASED PRODUCTION OF NATIONAL CITY WELLS." (City Attorney) ACTION: Approved earlier. See above. ELECTION GENERAL ADMIN (505-1-1) 17. Resolution No. 2001-191. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING THE AUTHORIZATION FOR THE FILING OF REBUTTAL ARGUMENTS PERTAINING TO CITY MEASURES IN MUNICIPAL ELECTIONS." (City Clerk) ACTION: Adopted. See above. WARRANT REGISTER (202-1-16) 18. Warrant Register No. 21. Ratification of Demands in the amount of $1,744,650.80. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 19. Warrant Register No. 21. Ratification of Demands in the amount of $783,479.19. (Finance) ACTION: Approved. See above. STREET TREE & PARKWAY COMM MINUTES (101-2-2) 20. Street Tree Committee Minutes. (Parks & Recreation) ACTION: Motion by Morrison, seconded by Zarate, to approve. Carried by unanimous vote. NON CONSENT RESOLUTION SUPPLEMENTAL LAW ENFORCEMENT SVCS FUNDS (302-1-4) 21. Resolution No. 2001-192. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FY 2000/2001 SUPPLEMENTAL LAW Book 83/Page 316 12/4/01 NON CONSENT RESOLUTION (cont.) SUPPLEMENTAL LAW ENFORCEMENT SVCS FUNDS (302-1-4) ENFORCEMENT SERVICES FUNDS FOR VARIOUS TECHNOLOGY AND EQUIPMENT PURCHASES." (Police) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve. Carried by unanimous vote. ORDINANCE FOR ADOPTION Motion by Morrison, seconded by Zarate, the Ordinance be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2001 (506-2-16) 22. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OF SALE OF MERCHANDISE)." (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Morrison, to adopt Ordinance No. 2001-2192. Carried by unanimous vote. OLD BUSINESS NATIONAL CITY COMMUNITY CENTER (1101-5-1) 23. SUBJECT: Request by the National School district to reduce the cost of the approved use of the Community Center. (Public Works) ACTION: This item was approved earlier in the meeting. NEW BUSINESS CIVIL SERVICE COMMISSION APPEALS (603-2-5) 24. SUBJECT: Public Employee Discipline / Dismissal / Release. (City Attorney) ACTION: This item was taken up earlier in the meeting. Book 83/Page 317 12/4/01 NEW BUSINESS (cont.) TRAFFIC STREET MARKINGS ADMIN (801-5-1) 25. SUBJECT: Request for the installation of a crosswalk at Division Street and "R" Avenue. (Engineering) RECOMMENDATION: Staff did not concur with the decision of the Traffic Safety Committee, and recommended to deny the request to install the crosswalk at Division and "R" Avenue due to the close proximity of the existing signalized crosswalks. TESTIMONY: Cherly Howery-Colmenero, 305 `J' Ave., spoke in favor of the crosswalk. James Grier, 1004 Harbison Pl., Member National School District Governing Board, spoke in favor of the crosswalk. Anne Campbell, 1129 Mary Ln., Member National School District Governing Board, stated that the School District will pay for crossing guards. Craig Newman, Principal, El Toyon School, spoke in favor of the crosswalk. Gloria Madaria, Principal, New Horizons School, spoke in favor of the crosswalk. ACTION: Motion by Waters, seconded by Inzunza, to install a crosswalk and the City make sure that the School District has proper crossing guards and that the light be referred to budget. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 26. SUBJECT: Request to use the Community Center by the Maharlika Seniors Fellowship of San Diego, Inc., and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: Nanita Rosales, 1317 'D' Ave., spoke in favor. ACTION: Motion by Beauchamp, seconded by Inzunza, to approve the request, including waiver of all fees. Carried by unanimous vote. Book 83/Page 318 12/4/01 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2001 (203-1-17) 27. SUBJECT: Temporary Use Permit — Sweetwater Town & Country Merchants — Lunch with Santa / Toy Giveaway. (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 Zarate, to approve. Carried by unanimous vote. TEMPORARY USE PERMITS 2001 (203-1-17) 28. 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 Waters, seconded by Inzunza, to approve. Carried by unanimous vote. CONDITIONAL USE PERMITS 2001 (403-16-1) 29. SUBJECT: Notice of Decision — Conditional Use Permit for a church at 1341 E. 8th Street, Suite B. Applicant: Revival Lighthouse Church. (Case File No. CUP-2001-17). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: The consensus of the Council was to set the item for a public hearing on January 8, 2002. There was no vote. CITY MANAGER. No Report. CITY ATTORNEY. No Report. Book 83/Page 319 12/4/01 OTHER STAFF. No Report. MAYOR. No Report. CITY COUNCIL Councilman Beauchamp reported that he attended the swearing -in of the new Mayor of Tecate, Juan Vargas, and anticipates an official visit from Tecate after the first of the year. Mr. Beauchamp also invited those interested to participate in the distribution of toys to the children of Tecate on January 6t. Councilman Morrison gave an update on the local government rationalization efforts being pursued by SANDAG and Senator Peace. PUBLIC ORAL COMMUNICATIONS Louise Martin, 1527 E 15th St., expressed her opposition to the crosswalk on Division St., and said we also need to take a look at all the illegal churches in town. CLOSED SESSION Public Employee Discipline / Dismissal / Release Government Code Section 54957 Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9 (a) City of National City v. Terry Hanks, Superior Court Case No. GIS7432. Conference with Legal Counsel — Pending 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 Morrison, seconded by Beauchamp, to go into closed session. Carried by unanimous vote. Book 83/Page 320 12/4/01 Members left the Chamber at 8:30 p.m. The meeting reconvened at 9:05 p.m. All members were present. Mayor Waters announced that the City Council took action in closed session to affirm the decision of the Civil Service Commission in the matter of the appeal of Mr. Edwords. ADJOURNMENT The meeting was adjourned to the Transit Occupancy Tax Workshop, December 17, 2001, at 4:00 p.m., Large Conference Room, Civic Center. The Next Regular Meeting of the City Council of the City of National City, will be held on December 18, 2001, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 9:06 p.m. CITY CLERK The foregoing minutes were approved at the Regular Meeting of December 18, 2001. AYOR 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.