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HomeMy WebLinkAbout2002 03-12 CC MINBook 84/Page 44 3/12/02 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 12, 2002 The Adjourned Regular Meeting of the City Council of the City of National City was called to order at 6:03 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Cain, Campbell, Condon, Dalla, DiCerchio, Eiser, Hradecky, Matienzo, Morse, Myers, Post, Ruiz, Trees. Pledge of Allegiance to the flag led by Assistant City Manager Park Morse, followed by the Invocation by Councilmember Beauchamp. APPROVAL OF MINUTES Approval of the Minutes of the Adjourned Regular Meeting of January 22, 2002, was carried over to the next meeting. INTERVIEWS AND APPOINTMENTS BOARDS AND COMMISSIONS (101-1-1) Mayor Waters turned control of the meeting over to Vice Mayor Inzunza. Ms. Elizabeth Palmer,924 E. 13th Street, appeared for an interview and expressed an interest in serving on the Housing and Community Development Committee. INTERVIEWS AND APPOINTMENTS HOUSING AND COMMUNITY DEV COMM ADMIN (101-12-1) Vice Mayor Inzunza announced that Mayor Waters had recommended that Juanita Venegas and Claudia Carrillo be appointed to serve on the Housing and Development Commission Committee, for a term ending April 28, 2004. Book 84/Page 45 3/12/02 INTERVIEWS AND APPOINTMENTS (cont.) HOUSING AND COMMUNITY DEV COMM ADMIN (101-12-1) ACTION: Motion by Beauchamp, seconded by Morrison, to appoint Juanita Venegas to the Housing and Community Development Commission. Carried by unanimous vote. Motion by Zarate, seconded by Beauchamp, to appoint Claudia Carrillo to the Housing and Community Development Committee. Carried by unanimous vote. Vice Mayor Inzunza returned control of the meeting to Mayor Waters. City Clerk Dalla administered the oath of office to Ms. Venegas and Ms. Carrillo. PUBLIC HEARINGS SUBDIVISIONS ADMIN (415-34-1) 1. Continued Public Hearing — Subdivision for 164 condominiums and two single-family lots on the south side of Sweetwater Road and east of the Plaza Bonita Shopping Center and 100 feet west of Calmoor Street (Applicant: Whitaker Investment Corp.) (Case File No. S-2001-2). (Planning) Refer to Item No. 18 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 subdivision. City Attorney George Eiser disclosed that his wife is employed by a firm that is doing work on the project under consideration and for that reason he would be stepping down. Senior Assistant City Attorney Rudy Hradecky took over and inquired if there have been any exparte contacts by or with members of the City Council by proponents or opponents of the project. Mayor Waters disclosed that he met in his office with the developer on one occasion. Councilman Beauchamp disclosed that he spoke on the telephone with Mr. Dye, the proponent. Book 84/Page 46 3/12/02 PUBLIC HEARINGS (cont.) SUBDIVISIONS ADMIN (415-34-1) Vice Mayor Inzunza disclosed that he met with Mr. Dye. Councilman Morrison disclosed that he met in his office with Mr. Dye. Councilwoman Zarate disclosed that she met in her office with Mr. Dye. TESTIMONY: Eric Dye, Whitaker Investment Corporation, 520 West Ash Street, Suite 300, San Diego, updated the Council on the two unresolved issues from the previous meeting, the resulting revised proposal, and spoke in favor of the project. Virgil Thurman, 3526 Putter Dr., Bonita, supports the revisions but spoke against the proposed single family lot. Carol Freno, Sweetwater Valley Civic Association Associates, 3703 Alta Loma Dr., Bonita, spoke against the single family lot off of Putter Dr. ACTION: Motion by Beauchamp, seconded by Inzunza, to close the Public Hearing, approve the project with one single family residence with access off of Putter Dr., and that the additional 10 units be approved if it is shown to be geotechnically feasible. Carried by unanimous vote. UNDERGROUND UTILITY DISTRICT 21 ADMIN (904-1-7) 2. Public Hearing — To determine whether the public health, safety or welfare require the formation of Underground Utility District No. 21 (Phase IV) on Highland Avenue from 24th Street to 30th Street. (Engineering) RECOMMENDATION: Staff recommended the Public Hearing be held. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to close the hearing. Carried by unanimous vote. Book 84/Page 47 3/12/02 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 3 through 11 (Resolution Nos. 2002-26 through 2002-34), Item No. 12 (Consolidated Cash and Investment Report), Item Nos. 13 and 14 (Warrant Registers), and Item Nos. 15 and 16(Claims for Damages). Motion by Beauchamp, seconded by Morrison, Item Nos. 8 and 9 be pulled, the remainder of the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. BUDGET FY 2001-2002 (206-1-17) 3. Resolution No. 2002-26. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 2001-02." (City Manager) ACTION: Adopted. See above. CONTRACT (C2002-12) 4. Resolution No. 2002-27. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MAYTIME BAND REVIEW CORPORATION." (City Manager) ACTION: Adopted. See above. BUDGET TRANSFERS 2002 (206-2-18) 5. Resolution No. 2002-28. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF $30,000 FROM PARK MAINTENANCE UNDESIGNATED FUND BALANCE 105-2501 TO PARK CONTRACT SERVICES FUND 105-442-000-299-0000." (Parks & Recreation) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Adopted. See above. Book 84/Page 48 3/12/02 CONSENT CALENDAR (cont.) - CONTRACT (C2002-13) 6. Resolution No. 2002-29. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SOLE SOURCE PURCHASE OF PLAYGROUND EQUIPMENT FROM MIRACLE EQUIPMENT." (Parks and Recreation) ACTION: Adopted. See above. CONTRACT (C2002-14) 7. Resolution No. 2002-30. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SOLE SOURCE PURCHASE OF A VOICE LOGGING RECORDER FROM VERSATILE INFORMATION PRODUCTS, INC." (Police) ACTION: Adopted. See above. CONTRACT (C86-17) GOLF COURSE / NATIONAL CITY (702-7-1) 8. Resolution No. 2002-31. "A 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 AMERICAN GOLF CORPORATION PERTAINING TO FEES AT THE LAS PALMAS MUNICIPAL GOLF COURSE." (Parks and Recreation) RECOMMENDATION: Staff recommended approval. TESTIMONY: Mike Link, Manager, Las Palmas Municipal Golf Course, responded to questions and spoke in favor of the Resolution. Brian Jackson, American Golf Corporation, responded to questions and spoke in favor. ACTION: Motion by Waters, seconded by Morrison, to adopt the Resolution. Carried by the following vote:, to -wit: Ayes: Beauchamp, Morrison, Zarate, Waters. Nays: Inzunza. Absent: None. Abstain: None. Book 84/Page 49 3/12/02 CONSENT CALENDAR (cont.) - CONTRACT (C2000-38) 9. Resolution No. 2002-32. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE INSTITUTE FOR PUBLIC STRA I'EGIES FOR WORK ON THE OFFICE OF TRAFFIC SAFETY HIGH INTENSITY PREVENTION ZONE GRANT." (Police) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2001-3) 10. Resolution No. 2002-33. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER, INC. T PROVIDE "AS NEEDED" MATERIALS TESTING SERVICES FOR CITY'S CAPITAL IMPROVEMENT PROJECTS." (Engineering) ACTION: Adopted. See above. 11. Resolution No. 2002-34. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE U.S. ENVIRONMENTAL PROTECTION AGENCY'S TENTATIVE DECISION FOR THE NPDES PERMIT FOR THE CITY OF SAN DIEGO `S POINT LOMA WASTEWATER TREATMENT PLANT." (Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2001 (204-1-16) 12. SUBJECT: Consolidated Cash and Investment Report as of December 31, 2001. (Finance) ACTION: Accepted and filed. See above. Book 84/Page 50 3/12/02 CONSENT CALENDAR (cont.) WARRANT REGISTER (202-1-16) 13. Warrant Register No. 34. Ratification of Demands in the amount of $1,019,700.37. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 14. Warrant Register No. 34. Ratification of Demands in the amount of $437,576.87. (Finance) ACTION: Approved. See above. CLAIMS (501-1-146) 15. SUBJECT: Claim for Damages: Marites S. Valencia. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-146) 16. SUBJECT: Claim for Damages: Benjamin Brown. (City Clerk) ACTION: Denied. See above. NON CONSENT RESOLUTIONS COUNCIL POLICY MANUAL (102-13-1) 17. Resolution No. 2002-35. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 201 PERTAINING TO THE MAINTENANCE OF RESERVE FUNDS POLICY." (City Manger / Finance) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. SUBDIVISIONS ADMIN (415-34-1) 18. Resolution No. 2002-36. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR 164 CONDOMINIUMS AND TWO SINGLE-FAMILY LOTS ON THE SOUTH SIDE OF Book 84/Page 51 3/12/02 CONSENT CALENDAR (cont.) SUBDIVISIONS ADMIN (415-34-1) SWEETWATER ROAD EAST OF THE PLAZA BONITA SHOPPING CENTER AND 100 FEET WEST OF CALMOOR STREET (APPLICANT: WHITAKER INVESTMENT CORP.) (CASE FILE NO. S-2001-2)." (Planning) Refer to Item No. 1 RECOMMENDATION: Assistant City Attorney Rudy Hradecky recommended that if the Resolution is adopted, it be amended to reflect: 174 condominiums and one single family lot; findings 1, 3 and 10 be revised to reflect the correct number; condition No. 1 be revised to reflect the creation of one lot for 164 condominiums units, with approval for up to an additional 10 condominium units provided construction is geotechnically feasible and approval of one single family lot; conditions 41 and 44 would likewise be amended to reflect a single family lot, deleting any plural verbiage. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to adopt the Resolution including the amendments enumerated by the City Attorney. Carried by unanimous vote. CONTRACT (C2002-15) 19. Resolution No. 2002-37. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND COLLINS STRAIEGIC GROUP, INC. TO ASSIST WITH THE FORMATION OF A COMMUNITY POLICE RELATIONS TASK FORCE." (City Manager) RECOMMENDATION: Staff recommended approval. TESTIMONY: Terry Hanks. 1104 Palm Ave., inquired what the consultant was going to do. ACTION: Motion by Inzunza, seconded by Beauchamp, to adopt the Resolution. Carried by unanimous vote. CONSENT CALENDAR (cont.) CONTRACT (C2002-16) 20. Resolution No. 2002-38. "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 SERVICES TO FINISH THE SECOND PHASE OF THE WORK REQUIRED TO COMPLETE THE LIBRARY BOND ACT APPLICATION FOR LIBRARY FUNDING." (Public Works / Engineering / Library) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. Book 84/Page 52 3/12/02 ORDINANCE FOR INTRODUCTION Motion by Morrison, seconded by Zarate, the Ordinance be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 21. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAP IERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), 8.12 (DOG LICENSES), 8.16 (DOG REGULATIONS), 8.24 (KENNELS), AND 8.32 (KEEPING OF BIRDS AND ANIMALS)." (City Attorney / Police / Animal Control) ORDINANCE FOR ADOPTION Motion by Morrison, seconded by Zarate, the Ordinance be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 22. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 4 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 4.32 Book 84/Page 53 3/12/02 CONSENT CALENDAR (cont.) NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) RELATING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 18, CHAP I'ER 18.04 RELATING TO DEFINITIONS OF "TRANSIENT." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Beauchamp, to adopt Ordinance No. 2002-2195. Carried by unanimous vote. NEW BUSINESS PLANNED DEVELOPMENT PERMIT ADMIN 2002 (414-1-17) 23. SUBJECT: Notice of Decision — Planned Development Permit and Coastal Development Permit for the expansion of an Automobile Impound / Storage Yard at the northwest corner of 33rd Street and National City Boulevard (Applicant: Thomas Moynahan Jr.) (Case File Nos. PD-2001-6 / CDP-2001-5). (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. CONDITIONAL USE PERMITS 2002 (403-17-1) 24. SUBJECT: Notice of Decision — Conditional Use Permit for a Youth Development Center on the east side of Euclid Avenue between Division and Beta Streets (Applicant: Wesley E. Etheridge, Sr.) (Case File No. CUP-2001-21). (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. Book 84/Page 54 3/12/02 CONSENT CALENDAR (cont.) NATIONAL CITY COMMUNITY CENTER (1101-5-1) 25. SUBJECT: Request by National School District to use City portable stage and public address system. (Parks & Recreation) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request, including authorization for overtime pay. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 26. 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 Zarate, seconded by Waters, to approve the request, excluding the custodial fees. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 27. SUBJECT: Request to use the Community Center by the Sweetwater Union High School Marine Corps JROTC and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Waters, seconded by Zarate, to approve the request, excluding the custodial fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 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. Book 84/Page 55 3/12/02 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2002 (203-1-18) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 29. SUBJECT: Temporary Use Permit — Father and Son's Auto Sales — Used Vehicle Tent Sale (March 15-17). (Building & Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: Frank Parker appeared on behalf of Father & Sons Auto Sales, responded to questions and provided information. ACTION: Motion by Zarate, seconded by Inzunza, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 30. SUBJECT: Temporary Use Permit — Father and Son's Auto Sales — Used Vehicle Tent Sale (April 12-14). (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 Beauchamp, seconded by Morrison, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 31. SUBJECT: Temporary Use Permit — Sweetwater Town & Country Merchants Association — Easter Egg Hunt. (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 the request. Carried by unanimous vote. Book 84/Page 56 3/12/02 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2002 (203-1-18) 32. SUBJECT: Temporary Use Permit — National City Chamber of Commerce — Circus Vargas. (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 the $285 in fees and the $2,500 bond. TESTIMONY: Edith Hughes, Chief Executive Officer of the Chamber of Commerce, questioned the need for the bond. ACTION: Motion by Zarate, seconded by Inzunza, to approve the request and grant the waiver of fees and bond. Carried by unanimous vote. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR. No Report. Item No. 33 and 35 were taken up next. CITY COUNCIL NATIONAL CITY COMMUNITY CENTER (1101-5-1) 33. SUBJECT: Naming the Community Center. (Mayor Waters) ACTION: See Item No. 35, below. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 35. SUBJECT: Consider Proposals for Honoring Cesar Chavez and Martin Luther King. (Vice Mayor Inzunza / Councilman Beauchamp) ACTION: Motion by Beauchamp, seconded by Inzunza, to rename the Community Center "Reverend Martin Luther King, Jr. Community Center. Carried by unanimous vote. Book 84/Page 57 3/12/02 NATIONAL CITY COMMUNITY CENTER (1101-5-1) Motion by Morrison, seconded by Zarate, to name the future Cultural Arts Center (the "old library" when it becomes available) in honor of Cesar Chavez. Carried by unanimous vote. POLITICAL SUPPORT ADMIN (102-4-1) 34. SUBJECT: Discussion of Metropolitan Water District of Southern California v. Superior Court (Cargill), California Supreme Court Case No. S 102371. (Councilman Beauchamp) ACTION: This item was tabled. No action taken. Councilmember Morrison spoke about the overwhelming success of the recent SANDAG Regional Summit Mr. Morrison reported that he will be meeting with State Senator Polonko regarding a pending bill dealing with a proposed Border Authority. Councilman Beauchamp conveyed an inquiry from the VFW about the possibility of a painted crosswalk on Highland Avenue and requested staff look into it. PUBLIC ORAL COMMUNICATIONS Terry Hanks, 1104 Palm Ave, requested review of the prohibition of alcohol in city parks and expressed his displeasure about the police enforcement on Highland Avenue. Everett Dickson, 2745 E. 14t Street, expressed his views about the naming of city facilities after individuals. CLOSED SESSIONS Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9© One Potential Case: Coronado Branch Line ACTION: Motion by Morrison, seconded by Zarate, to go into Closed Session. Carried by unanimous vote. Book 84/Page 58 3/12/02 Councilmembers left the Chamber at 8:30 p.m. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council of the City of National City, Tuesday, March 19, 2002, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:50 p.m. )1rikki Fv CIC16 Y CLERK The foregoing minutes were approved at the Regular Meeting of March 19, 2002. 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.