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HomeMy WebLinkAbout2002 06-04 CC MINBook 84/Page 126 6/4/02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 4, 2002 The Regular Meeting of the City Council of the City of National City was called to order at 6:02 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Waters. Councilmembers absent: Zarate. Administrative officials present: Dalla, DiCerchio, Eiser, Kimble, McCabe, Morse, Myers, Post, 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 Morrison, seconded by Beauchamp, the Minutes of May 21, 2002, be approved. Carried by unanimous vote. Absent: Zarate. PROCLAMATIONS (102-2-1) The Proclamation proclaiming June 9 — 15, 2002 to be: "MUNICIPAL ATTORNEYS' WEEK," was read in its entirety by Mayor Waters, and presented to Lynn McDougal, representing the San Diego County City Attorney Group. Mr. McDougal then called forward City Attorney George H. Eiser and presented Mr. Eiser with a plaque honoring him as `Municipal Attorney of the Year' as selected by the San Diego County City Attorneys. Book 84/Page 127 6/4/02 INTERVIEWS AND APPOINTMENTS TRAFFIC SAFETY COMMITTEE ADMIN (101-4-1) Mayor Waters turned control of the meeting over to Vice Mayor Inzunza who announced that Mayor Waters had recommended that Mr. Dale Bennett be appointed to serve on the Traffic Safety Committee, for a term ending December 31, 2004. ACTION: Motion by Beauchamp, seconded by Morrison, in favor of Mayor's recommendation. Carried by unanimous vote. Absent: Zarate. City Clerk Dalla administered the oath of office to Mr. Bennett. PRESENTATIONS (102-14-2) Representation of National City on San Diego County Water Authority Board. TESTIMONY: Attorney Greg Moser, appearing on behalf of San Diego County Water Authority, provided written materials and background and discussed possible options that would facilitate the appointment of Councilmembers to Sweetwater Authority and the San Diego County Water Authority Boards of Directors. ACTION: Motion by Inzunza, seconded by Morrison, to adopt Option Number 2 (Add the following provision to the County Water Authority Act: "For the purposes of subdivision (b) of section 6, a water district shall include any public agency which is a member of a joint powers authority composed solely of member agencies of the authority, which exercises the powers of an irrigation district. For the purposes of this section, the chief executive officer, as used in subdivision (b) of section 6, shall be the holder of the office designated by formal action of the governing body of the public agency."), and direct the Mayor to write a letter to initiate the appropriate legislation. Carried by unanimous vote. Absent: Zarate. COMMUNITY PROMOTION (102-1-3) Mr. Ed Reed appeared on behalf of the National City Community Concert Band. Mr. Reed distributed program proposals for the July 27th concert in Pepper Park and requested direction from the Council so the band can begin rehearsals. Book 84/Page 128 6/4/02 COMMUNITY PROMOTION (cont.) ACTION: Motion by Morrison, seconded by Beauchamp, to bring the item on to the Agenda. Carried by unanimous vote. Absent: Zarate. Motion by Beauchamp, seconded by Inzunza, to support Proposal #1, "A Night in New York." Carried by unanimous vote. Absent: Zarate. PUBLIC HEARING GENERAL PLAN 2001-2002(405-8-4) 1. Public Hearing — Amendment to the Combined General Plan/Zoning Map from CT and CT-PD to CG-PD for the area west of National City Boulevard, east of Roosevelt Avenue and north of 7th Street. (Applicant: Community Development Commission) (Case File Nos.: GP-2002-1 /ZC-2002-1 /IS-2002-2). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission for approval of the General Plan Amendment and Zone Change. TESTIMONY: Edith Hughes, CEO of the Chamber of Commerce, spoke in favor of the Amendment. Janice Martinelli, 926 "A" Avenue, spoke in favor of the Amendment. ACTION: The hearing was closed. PUBLIC HEARING ABATEMENT / WEED 2002 (402-3-5) 2. Public Hearing — 2001-2002 Weed Abatement Public Hearing. (Fire) Refer to Item No. 11 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: The hearing was closed. Item No. 11 was taken up next. Book 84/Page 129 6/4/02 NON CONSENT RESOLUTIONS ABATEMENT / WEED 2002 (402-3-5) 11. Resolution No. 2002-82. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT FOR FY 2001- 2002." (Fire) Refer to Item No. 2 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. Absent: Zarate. Note: After approval of the Consent Calendar, Mr. Rolando Cota, the owner of the house at 1705 Grove, came forward to protest the assessment for that address. ACTION: Motion by Beauchamp, seconded by Inzunza, to reconsider the Resolution and re -open the hearing as it relates to 1705 Grove St. Carried by unanimous vote. Absent: Zarate. Motion by Inzunza, seconded by Beauchamp, to refer back to staff for a second look. Carried by unanimous vote. Absent: Zarate. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 3 through 7 (Resolution Nos. 2002-77 through 2002-81), Item Nos. 8 and 9 (Warrant Registers), and Item No. 10 (Claims for Damages). Motion by Beauchamp, seconded by Morrison, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. Absent: Zarate. Note: Mr. Beauchamp abstained on Item No. 4 due to the fact that he owns property in the immediate area. CONTRACT (C2002-9) 3. Resolution No. 2002-77. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE "A" AVENUE REALIGNMENT PROJECT. (ENGINEERING SPECIFICATION NO. 01-1)." (Engineering) ACTION: Adopted. See above. Book 84/Page 130 6/4/02 CONSENT CALENDAR (cont.) STREET DEDICATING / NAMING 2002 (903-11-17) 4. Resolution No. 2002-78. A "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL PARCEL MAP FOR SHERYL LANE, NORTH OF 16TH STREET AND ACCEPTING A DEDICATION OF PROPERTY FOR PUBLIC RIGHT-OF-WAY PURPOSES." (Engineering) ACTION: Adopted. See above. CONTRACT (C2002-27) 5. Resolution No. 2002-79. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT RENEWAL WITH DAY WIRELESS SYSTEMS FOR MAINTENANCE OF THE POLICE DEPARTMENT'S 800 MHZ COMMUNICATION SYSTEM." (Police) ACTION: Adopted. See above. REVENUE AND TAXATION (205-2-1) 6. Resolution No. 2002-80. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS." (Finance) ACTION: Adopted. See above. GRANT / LAW ENFORCEMENT (302-1-2) 7. Resolution No. 2002-81. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $3,154.14 IN FY 2001/2002 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF POLICE DEPARTMENT EQUIPMENT." (Police) ACTION: Adopted. See above. WARRANT REGISTERS 2002 (202-1-16) 8. Warrant Register No. 47. Ratification of Demands in the amount of $355,699.86. (Finance) ACTION: Ratified. See above. Book 84/Page 131 6/4/02 CONSENT CALENDAR (cont.) WARRANT REGISTERS 2002 (202-1-16) 9. Warrant Register No. 48. Ratification of Demands in the amount of $2,193,897.90. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-146) 10. SUBJECT: Claim for Damages: Ismahan Farrah (City Clerk) ACTION: Denied. See above. NON CONSENT RESOLUTIONS ABATEMENT / WEED 2002 (402-3-5) 11. Resolution No. 2002-82. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT FOR FY 2001- 2002." (Fire) Refer to Item No. 2 ACTION: This item was taken up earlier in the meeting. CONDITIONAL USE PERMITS 2002 (403-17-1) 12. Resolution No. 2002-83. A "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A 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)." (Planning) TESTIMONY: Ron Morrison, xxx Harbison Ave., spoke as private citizen and expressed concern that the Resolution was too broad in addressing the permitted hours of operation. ACTION: Motion by Beauchamp, seconded by Inzunza, to approve with an added condition requiring an annual review of the CUP. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Waters. Nays: None. Absent: Zarate. Abstain: Morrison. Mr. Morrison abstained due to the fact that he owns property adjacent to the shopping center site. Book 84/Page 132 6/4/02 ORDINANCES FOR INTRODUCTION Motion by Beauchamp, seconded by Morrison, the Ordinances be introduced by title only. Carried by unanimous vote. Absent: Zarate. NATIONAL CITY MUNICIPAL CODE (506-2-17) 13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.36.020 PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES." (City Attorney) 14. "AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.68 PERTAINING TO FIREARMS." (City Attorney) 15. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 10.54.010 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO GRAFFITI CONTROL." (City Attorney) ORDINANCES FOR ADOPTION Motion by Beauchamp, seconded by Morrison, the Ordinance be introduced by title only. Carried by unanimous vote. Absent: Zarate. NATIONAL CITY MUNICIPAL CODE (506-2-17) 16. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 15.12.010 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE MOVING OF STRUCTURES." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Inzunza, to adopt Ordinance No. 2002-2199. Carried by unanimous vote. Absent: Zarate. Book 84/Page 133 6/4/02 OLD BUSINESS N.C. COMMUNITY CENTER (1101-5-1) 17. SUBJECT: Request to consider waiver of custodial fees for the California Conservation Corps use of the Community Center. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Inzunza, to grant the request for waiver of the custodial fees. Carried by unanimous vote. Absent: Zarate. NEW BUSINESS CONTRACT (C90-26) SOLID WASTE / TRASH (911-1-4) 18. SUBJECT: Refuse rate adjustment for Fiscal Year 2003. (Public Works) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Inzunza, to accept staffs recommendation. Carried by unanimous vote. Absent: Zarate. N.C. COMMUNITY CENTER (1101-5-1) 19. SUBJECT: Request to use the Community Center by the National City Chamber of Commerce and waiver of fees. (Public Works) RECOMMENDATION: Staff recommended approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Inzunza, to approve the request and grant the waiver of fees. Carried by unanimous vote. Absent: Zarate. CONDITIONAL USE PERMITS 2002 (403-17-1) 20. SUBJECT: Notice of Decision — Conditional Use Permit for a thrift store in the National City Plaza Shopping Center at 10 N. Euclid Avenue (Applicant: John R. Suderman for San Diego Rescue Mission) (Case File No.: CUP-2002-9). (Planning) Book 84/Page 134 6/4/02 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2002 (403-17-1) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: John Sutterman, representing the San Diego Rescue Mission, responded to questions and spoke in favor. ACTION: Filed without objection. PLANNED DEVELOPMENT PERMIT 2002 (414-1-17) 21. SUBJECT: Notice of Decision — Planned Development Permit for an additional residence behind 1845 B Avenue with a variance to allow less than required parking (Applicant: Gary and Dorothy Dicky) (Case File No. PD-2002-1 / Z-2002-2). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Gary Dickey, the applicant, responded to questions and spoke in favor. ACTION: Motion by Beauchamp to approve the Planned Development Permit with the appurtenant conditions. Motion died for lack of a second. Mayor Waters declared the Notice of Decision filed. TEMPORARY USE PERMITS 2002 (203-1-18) 22. SUBJECT: Temporary Use Permit — Chicano Federation -Child, Parent, Provider Resource Fair. (Building & Safety) RECOMMENDATION: Staff recommended to approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of the $150 TUP processing fee. TESTIMONY: Gloria Medina, representing the Chicano Federation, spoke in favor of the TUP. ACTION: Motion by Morrison, seconded by Waters, to approve staffs recommendation. Carried by unanimous vote. Book 84/Page 135 6/4/02 NEW BUSINESS (cont.) AUDIT / FINANCIAL REPORT FY 2001-2002 (208-1-16) 23. SUBJECT: Year -End Single Audit Report and Report to Management for Fiscal Year Ended June 30, 2001. (Finance) RECOMMENDATION: Staff recommended that Council file the report. TESTIMONY: None. ACTION: Filed without objection. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR Mayor Waters asked staff to consider the possibility of including solar power at the new Library. Mayor Waters also suggested that the duties of the Senior Patrol be expanded and shared his idea that the Senior Patrol supervise the use of workers from the prison to help clean the city parkways. CITY COUNCIL 24. SUBJECT: Discussion of the Matricula Consular (Councilman Beauchamp) Police Chief Skip DeCerchio reported that the National City Police Department does not enforce immigration laws and that the ID card is still very new and it is too early to report definitively as to how it will be treated by the Police Department. Councilman Morrison reported that the old City Identification sign on I-5 has a great deal of graffiti. Mr. Morrison also gave a progress report on the Regional Government proposals that are moving through the State legislature. Vice Mayor announced that the budget session would be held on Tuesday, June 11th at 1:30 p.m. Book 84/Page 136 6/4/02 PUBLIC ORAL COMMUNICATIONS Esperanza Dines, 2825 `N' Ave., volunteered her children to do community service if it will help them with a problem they are having with the Police Department. The City Manager was asked to look into the matter. Ed Kravitz, Imperial Beach, referenced his recent letter in the Star News dealing with the City of Chula Vista and expressed his interest in developing and promoting railroad tourism on the Coronado Belt Line. Mr. Kravitz requested support from the City to have a rail festival in National City. Cecilia Kirk, representing Christmas in July, distributed a flyer dealing with a clean-up effort planned for June 22nd at 7:30 a.m. Mrs. Kirk also expressed support for the National City Police Department and the job they do. Everett Dickson expressed his displeasure with the street repair work performed by Sweetwater Authority on 30th Street. It was noted by staff that the current paving is temporary. CLOSED SESSIONS Conference with Legal Counsel -Existing Litigation -Government Code Section 54956.9 (a) 1) Government Employees' Insurance Co. v. City of National City, et al., SDSC Case No. IS 9588 2) Claim of Balboa Life and Casualty ACTION: Motion by Beauchamp, seconded by Morrison, to go into Closed Session. Carried by unanimous vote. Absent: Zarate. Councilmembers left the Chamber at 8:26 p.m. Book 84/Page 137 6/4/02 ADJOURNMENT The meeting was adjourned to the Adjourned Regular Meeting of the City Council of the City of National City (Budget Session), on Tuesday, June 11, 2002, at 1:30 p.m., Large Conference Room, Civic Center. CITY C ERK The foregoing minutes were approved at the Regular Meeting of June 18, 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.