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HomeMy WebLinkAbout2002 05-21 CC MINBook 84/Page 113 5/21/02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 21, 2002 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, Matienzo, Morse, Myers, Ray, Ruiz, Trees, Yeo. Pledge of Allegiance to the flag led by Assistant City Manager Park Morse, followed by the Invocation by Councilmember Morrison. APPROVAL OF MINUTES Motion by Beauchamp, seconded by Morrison, the Minutes of the Regular Meeting of May 7, 2002, be approved. Carried by unanimous vote. PRESENTATION (102-14-2) San Diego Gauchos Professional Soccer Club. Bob Maruca, 2835 Highland Ave., explained the needs of his organization for a permanent practice facility and plans for an 8,000-seat stadium. The Closed Session item was taken up next. CLOSED SESSIONS Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) 1. Viviane J. Elig V. City of National City, et al. USDC SD Case No. 00 CV 2106 K (NLS) Book 84/Page 114 5/21/02 CLOSED SESSIONS (cont.) 2. Arturo A. Gonzalez, et al. v. City of National City, et al. SDSC Case No. GIS 4641 ACTION: Motion by Beauchamp, seconded by Morrison, to go into Closed Session. Carried by unanimous vote. Councilmembers left the Chamber at 6:10 p.m. Councilmembers reconvened at 7:06 p.m. All members were present. PUBLIC HEARING CONDITIONAL USE PERMITS 2002 (403-17-1) 1. Public Hearing — Conditional Use Permit for a church at 3142 Plaza Boulevard, Suites F through H, near True Value Hardware. (Applicant: Ablaze for Jesus Ministries) (Case File No.: CUP-2002-1) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Conditional Use Permit be approved. TESTIMONY: Ron Morrison, 1233 Harbison Ave., expressed concerns about parking. Jeana Krepps, property manager for the center, spoke in favor of the CUP. Carmen Da Rameriz, appearing on behalf of several tenants of the center, spoke in favor of the CUP. ACTION: Motion by Beauchamp, seconded by Inzunza, to approve. Carried by the following vote; to -wit: Ayes: Beauchamp, Inzunza, Zarate, Waters. Nays: None. Absent: None. Abstain: Morrison. Councilman Morrison abstained because he lives within 300 feet of the shopping center where the proposed church will be located. Book 84/Page 115 5/21/02 INTERVIEWS AND APPOINTMENTS BOARDS AND COMMISSION ADMIN (101-1-1) Mr. Dale Bennett, 1905 Grove Street, appeared for an interview and expressed an interest in serving on the Traffic Safety Committee. The City Council continued in Joint Session with the Community Development Commission PUBLIC HEARING CONDITIONAL USE PERMITS 2002 (403-17-1) 2. Public Hearing — Regarding the sale of property located at 1401 National City Blvd. from the CDC to the City of National City to accommodate a new public library. (Community Development Commission) Refer to Item No. 9 RECOMMENDATION: Staff recommended that the Joint Hearing with the Community Development Commission be held. TESTIMONY: None. ACTION: The public hearing was closed. Item Nos. 9 and 10 were taken up next. NON CONSENT RESOLUTIONS CDC OWNED LAND / SALE (406-4-1) 9. Resolution No. 2002-73. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT WITH COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR THE SALE OF LAND OF THE CITY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (SALE OF 1401 NATIONAL CITY BOULEVARD). (Community Development Commission) Refer to Item No. 2 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. Book 84/Page 116 5/21/02 DEEDS AND EASEMENTS (D2002-1) 10. Resolution No. 2002-74. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND DIRECTING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND AT 1401 NATIONAL CITY BOULEVARD. (A.P.N. 560-100-04) (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the Resolution. Carried by unanimous vote. The Community Development Commission then took action on a related Resolution on the CDC Agenda, (Resolution No. 2002-24), and then adjourned their meeting. The City Council brought forward Item Nos. 11 and 12. NON CONSENT RESOLUTIONS CONTRACT (C2002-26) 11. Resolution No. 2002-75. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A JOINT VENTURE COOPERATIVE AGREEMENT BETWEEN THE NATIONAL SCHOOL DISTRICT AND THE CITY OF NATIONAL CITY FOR THE JOINT PROVISION OF LIBRARY SERVICES AT THE NEW NATIONAL CITY PUBLIC LIBRARY." (Library) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. Book 84/Page 117 5/21/02 LIBRARY BOND MEASURE (505-14-1) 12. Resolution No. 2002-76. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SUBMITTAL OF A LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 GRANT APPLICATION; AND CERTIFYING THE PROJECT BUDGET, THE LOCAL FUNDING COMMITMENT, THE COMMITMENT OF SUPPLEMENTAL FUNDS, AND THE COMMITMENT TO PUBLIC LIBRARY OPERATION." RECOMMENDATION: Staff recommended approval. TESTIMONY: Anne Campbell, City Librarian, Gordon Carrier and Kevin Krumdieck, Project Architects participated in a detailed presentation on the proposed library facility. Zelva Mosier, President of the Library Board of Trustees, spoke in favor. ACTION: Motion by Zarate, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 3 and 4 (Resolution Nos. 2002-71 and 2002-72), Item Nos. 5 and 6 (Warrant Registers), Item No. 7 (Consolidated Cash and Investment Report) and Item No. 8 (Claim for Damages). Motion by Morrison, seconded by Waters, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. BUDGET TRANSFERS 2002 (206-2-18) 3. Resolution No. 2002-71. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN INTERBUDGET ADJUSTMENT REQUEST (IBAR) APPROPRIATING $74,000 FROM SEWER RATE STABILIZATION FUND ACCOUNT 125-2405 TO SEWER ACCOUNT 125-422-222- 272 SEWER TRANSPORTATION AND TREATMENT ACCOUNT." (Public Works) ACTION: Adopted. See above. Book 84/Page 118 5/21/02 BUDGET TRANSFERS 2002 (206-2-18) 4. Resolution No. 2002-72. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY TO TRANSFER ITS SHARE OF FY 2002 / 2003 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS TO THE COUNTY OF SAN DIEGO." (Police) ACTION: Adopted. See above. WARRANT REGISTER (202-1-16) 5. Warrant Register No. 45. Ratification of Demands in the amount of $337,959.06. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 6. Warrant Register No. 46. Ratification of Demands in the amount of $1,017,750.74. (Finance) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2002 (204-1-17) 7. SUBJECT: Consolidated Cash and Investment Report as of March 31, 2002. (Finance) ACTION: Accepted and filed. See above. CLAIMS (501-1-146) 8. SUBJECT: Claim for Damages: Gloria Aguila. (City Clerk) ACTION: Denied. See above. NON CONSENT RESOLUTIONS CDC OWNED LAND / SALE (406-4-1) 9. Resolution No. 2002-73. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT WITH COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR THE SALE OF LAND OF THE CITY, AND MAKING CERTAIN NON CONSENT RESOLUTIONS (cont.) CDC OWNED LAND / SALE (406-4-1) Book 84/Page 119 5/21/02 FINDINGS IN CONNECTION THEREWITH (SALE OF 1401 NATIONAL CITY BOULEVARD). (Community Development Commission) Refer to Item No. 2 ACTION: This item was taken up earlier in the meeting. DEEDS AND EASEMENTS (D2002-1) 10. Resolution No. 2002-74. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND DIRECTING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND AT 1401 NATIONAL CITY BOULEVARD. (A.P.N. 560-100-04) (City Attorney) ACTION: This item was taken up earlier in the meeting. CONTRACT (C2002-26) 11. Resolution No. 2002-75. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A JOINT VENTURE COOPERATIVE AGREEMENT BETWEEN THE NATIONAL SCHOOL DISTRICT AND THE CITY OF NATIONAL CITY FOR THE JOINT PROVISION OF LIBRARY SERVICES AT THE NEW NATIONAL CITY PUBLIC LIBRARY." (Library) ACTION: This item was taken up earlier in the meeting. LIBRARY BOND MEASURE (505-14-1) 12. Resolution No. 2002-76. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SUBMITTAL OF A LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 GRANT APPLICATION; AND CERTIFYING THE PROJECT BUDGET, THE LOCAL Book 84/Page 120 5/21/02 NON CONSENT RESOLUTIONS (cont.) LIBRARY BOND MEASURE (505-14-1) FUNDING COMMITMENT, THE COMMITMENT OF SUPPLEMENTAL FUNDS, AND THE COMMITMENT TO PUBLIC LIBRARY OPERATION." ACTION: This item was taken up earlier in the meeting. ORDINANCE FOR INTRODUCTION Motion by Morrison, seconded by Beauchamp, the Ordinance be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 15.12.010 ON THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE MOVING OF STRUCTURES." (City Attorney) ORDINANCES FOR ADOPTION Motion by Beauchamp, seconded by Morrison, the Ordinances be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 14. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, to adopt Ordinance No. 2002-2198. Carried by unanimous vote. Book 84/Page 121 5/21/02 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 15. "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1, CHAPTER 1.12 PERTAINING TO RIGHT OF ENTRY FOR INSPECTION OR SERVICE OF NOTICES, AND STOP WORK ORDERS, AND CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to adopt Ordinance No. 2002-2197. Carried by unanimous vote. NEW BUSINESS NATIONAL CITY COMMUNITY CENTER (1101-5-1) 16. SUBJECT: Request to use the Community Center by the Inter - American College for a graduation ceremony and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to approve the request, including waiver of fees. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 17. SUBJECT: Request to use the Community Center by the YMCA and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to approve the request, including waiver of fees. Carried by unanimous vote. Book 84/Page 122 5/21/02 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2002 (203-1-18) 18. SUBJECT: Temporary Use Permit — St. Anthony's Church -Bazaar / Festival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Request withdrawn. No action taken. CITY MANAGER — No Report. CITY ATTORNEY — No Report. OTHER STAFF. No Report. MAYOR. No Report. CITY COUNCIL CALIFORNIA COASTAL COMM APPOINTMENTS (101-35-1) Councilman Beauchamp reported that he is interested in and under consideration for appointment to the California State Coastal Commission. Mr. Beauchamp requested that the City Council send a letter under the Mayor's signature endorsing his nomination as the San Diego Local Government appointee and that the letter be sent to the Mayors' Committee of the San Diego Division of the League of California Cities. Motion by Morrison, seconded by Inzunza, that we send a letter of endorsement. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: Waters. PUBLIC ORAL COMMUNICATIONS — None. Book 84/Page 123 5/21/02 CLOSED SESSIONS Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) 1. Vivian J. Elig V. City of National City, et al. USDC SD Case No. 00 CV 2106 K (NLS) 2. Arturo A. Gonzalez, et al. v. City of National City, et al. SDSC Case No. GIS 4641 ACTION: The Closed Session items were taken up earlier in the meeting. ADJOURNMENT Motion by Zarate, seconded by Morrison, the meeting be adjourned to the next Regular Meeting of the City Council of the City of National City, on Tuesday, June 4, 2002, at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 8:14 p.m. CIT CLERK The foregoing minutes were approved at the Regular Meeting of June 4, 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.