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Home My WebLink About2002 09-03 CC MINBook 84/Page 198 9/3/02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 3, 2002 The 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: Dalla, DiCerchio, Eiser, Kimble, Matienzo, McCabe, Morse, Myers, Post. 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 Regular Meeting of August 20, 2002, be approved. Carried by unanimous vote. PRESENTATION (102-14-2) AB 939 Award — Councilman Ron Morrison. Lynn Worth, General Manager, Regional Solid Waste Association and John Snyder, General Manager of EDCO Disposal Corporation, presented to the City and its citizens the 'AB 939 Award' for its tremendously successful solid waste diversion efforts. Councilman Morrison accepted the award on behalf of the City. INTERVIEWS AND APPOINTMENTS STREET TREE & PARKWAY COMMITTEE ADMIN (101-2-1) Mayor Waters turned control of the meeting over to Vice Mayor Inzunza. Mr. Inzunza announced that Mayor Waters had recommended that Cheryl Howrey-Colmenero be appointed to serve on the Street Tree & Parkway Committee, for a term ending April 30, 2006. Book 84/Page 199 9/3/02 INTERVIEWS AND APPOINTMENTS (cont.) STREET TREE & PARKWAY COMMITTEE ADMIN (101-2-1) ACTION: Motion by Morrison, seconded by Beauchamp, in favor of the Mayor's recommendation. Carried by unanimous vote. City Clerk Dalla administered the oath of office to Ms Colmenero. INTERVIEWS AND APPOINTMENTS SAN DIEGO COUNTY WATER AUTHORITY (101-19-1) AND SWEETWATER AUTHORITY (101-22-1) Nicholas Inzunza, 1416 E. 16th Street, appeared for an interview and expressed an interest in serving on the Sweetwater Authority. R. Mitchel Beauchamp, 1434 East 24th Street, appeared for an interview and expressed an interest in serving on the Sweetwater Authority. Robert Valderrama, 1006 Angelo Drive, appeared for an interview and expressed an interest in serving on the San Diego County Water Authority. Art Gunter, 1305 East 26th Street, appeared for an interview and expressed an interest in serving on the Sweetwater Authority or San Diego County Water Authority. Alethea Pruitt, 1321 Manchester Street, was unable to be present for an interview for appointment to the Sweetwater Authority. Sue Jarrett, 1335 North Avenue, appeared for an interview and expressed an interest in serving on the Sweetwater Authority. Ronald Detzer, 1129 Mary Lane, appeared for an interview and expressed an interest in serving on the San Diego County Water Authority. Frank Chenelle, 3025 Plaza Blvd, appeared for an interview and expressed an interest in serving on the San Diego County Water Authority. Book 84/Page 200 9/3/02 INTERVIEWS AND APPOINTMENTS (cont.) SAN DIEGO COUNTY WATER AUTHORITY (101-19-1) AND SWEETWATER AUTHORITY (101-22-1) ACTION: Mayor Waters nominated Mr. Ronald Detzer for appointment to the San Diego County Water Authority. Motion failed by the following vote, to -wit: Ayes: Morrison, Waters. Nays: Beauchamp, Inzunza, Waters. Absent: None. Abstain: None. Mayor Waters nominated Mr. Frank Chenelle for appointment to the San Diego County Water Authority. Motion failed by the following vote; to -wit: Ayes: Morrison, Waters. Nays: Beauchamp, Inzunza, Zarate. Absent: None. Abstain: None. Mayor Waters nominated Mr. Robert Valderrama for appointment to the San Diego County Water Authority. Motion carried by unanimous vote. PUBLIC HEARING CONDITIONAL USE PERMITS 2002 (403-17-1) 1. Public Hearing - Conditional Use Permit for a Community Health Center at 1419 E. 8th Street, near Horizons Adult Day Health Care Center in the Palm Plaza Shopping Center (Applicant: Kalusugan Community Services) (Case File No. CUP-2002-11). (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 decision of the Planning Commission for approval of the request. TESTIMONY: Dr. Riz Oadez, 1919 E. 8th St., spoke in favor. Emma Abutin, Del Sur Court, Chula Vista, spoke in favor. Dr. Ofelia Dirige, 931 Diamond Dr., Chula Vista, spoke in favor. An unnamed speaker responded to questions. ACTION: Motion by Morrison, seconded by Inzunza, to approve the CUP and close the hearing. Carried by unanimous vote. Book 84/Page 201 9/3/02 PUBLIC HEARING (cont.) CONDITIONAL USE PERMITS 2002 (403-17-1) 2. Public Hearing - Conditional Use Permit for a wireless communications facility near Sweetwater Theaters in Sweetwater Town and Country Shopping Center (Applicant: Cingular Wireless) (Case File No. CUP-2002-3). (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 decision of the Planning Commission for approval of the request. TESTIMONY: Mr. Darrell Daugharty, Cornerstone Ct., San Diego, responded to questions. ACTION: Motion by Zarate, seconded by Morrison, to approve the CUP and close the hearing. Carried by unanimous vote. PUBLIC HEARING SUPPLEMENTAL LAW ENFORCEMENT SVCS FUND (302-1-4) 3. Public Hearing — Regarding the Police Department's proposed appropriation and expenditure of 2001/2002 Supplemental Law Enforcement Services Fund. (Police) Refer to Item No. 23 Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Hold the hearing. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Waters, to close the hearing. Carried by unanimous vote. Absent: Morrison. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 4 through 15 (Resolution Nos. 2002-128 through 2002-139, Item No. 16 (Mills Act Contract), Item Nos. 17 and 18 (Warrant Registers), Item No. 19 (Consolidated Cash and Investment Report), and Item Nos. 20 through 22 (Claims). Motion by Waters, seconded by Zarate, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. Absent: Morrison. Book 84/Page 202 9/3/02 CONSENT CALENDAR (cont.) PARKING ADMIN 2002 (801-2-22) 4. Resolution No. 2002-128. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 1809 E. 17TH STREET. (D. HOWERTON, TSC ITEM NO. 2002-22)." (Engineering) ACTION: Adopted. See above. GRANT / LAW ENFORCEMENT (302-1-2) 5. Resolution No. 2002-129. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT." (Police) ACTION: Adopted. See above. CONTRACT (C2002-40) 6. Resolution No. 2002-130. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A VEHICLE FROM "THE MILE OF CARS" FOR USE BY THE POLICE DEPARTMENT IN THE D.A.R.E. PROGRAM." (Police) ACTION: Adopted. See above. CONTRACT (C2000-44) 7. Resolution No. 2002-131. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY BOULEVARD AND PLAZA BOULEVARD TRAFFIC SIGNAL INTERCONNECT PROJECT. (ENGINEERING SPEC. NO. 97-6)." (Public Works/Engineering) ACTION: Adopted. See above. Book 84/Page 203 9/3/02 CONSENT CALENDAR (cont.) CONTRACT (C2002-41) 8. Resolution No. 2002-132. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO AAIR PURIFICATION SYSTEMS FOR THE NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT. (SPEC. NO. 02-8)." (Public Works/ Engineering) ACTION: Adopted. See above. LABOR RELATIONS POA ADMIN (605-3-7) 9. Resolution No. 2002-133. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR FISCAL YEARS (2002-03, 2003- 04, 2004-05)." (Personnel) ACTION: Adopted. See above. CONTRACT (C2002-42) 10. Resolution No. 2002-134. 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 TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC." (Fire) ACTION: Adopted. See above. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 11. Resolution No. 2002-135. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY NAMING THE NATIONAL CITY COMMUNITY CENTER BUILDING AT 140 EAST 12TH STREET THE "MARTIN LUTHER KING, JR. COMMUNITY CENTER" AND APPROVING THE FABRICATION AND INSTALLATION OF A SIGN TO IDENTIFY THE BUILDING AS NAMED." (Public Works/Engineering) ACTION: Adopted. See above. MSAMIC Book 84/Page 204 9/3/02 CONSENT CALENDAR (cont.) ENCROACHMENT AGMT ADMIN (903-14-1) 12. Resolution No. 2002-136. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH NATIONAL CITY SUZUKI FOR INSTALLATION OF THREE GROUNDWATER MONITORING WELLS AT 5 W. 18TH STREET, ALONG ROOSEVELT AVENUE AND NATIONAL CITY PROPERTY." (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2002-43) 13. Resolution No. 2002-137. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LAW FIRM OF LIEBERT CASSIDY WHITMORE TO PROVIDE SPECIAL LEGAL SERVICES PERTAINING TO EMPLOYEE RELATIONS MATTERS." (Personnel) ACTION: Adopted. See above. CONFLICT OF INTEREST REG / ADMIN (503-10-1) 14. Resolution No. 2002-138. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 2000-124." (City Attorney) ACTION: Adopted. See above. CONTRACT (C2002-44) 15. Resolution No. 2002-139. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SCHEIDEL CONTRACTING AND ENGINEERING, INC. FOR MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY, SPECIFICATION NO. 02-03)." (Public Works/Engineering) ACTION: Adopted. See above. Book 84/Page 205 9/3/02 CONSENT CALENDAR (cont.) REVENUE AND TAXATION (MILLS ACT) (205-2-1) 16. SUBJECT: Approval of Standard Format for Mills Act Contract. (City Attorney/Planning) ACTION: Approved. See above. WARRANT REGISTER 2002 (202-1-17) 17. Warrant Register No. 08. Ratification of Demands in the amount of $2,196,907.05. (Finance) ACTION: Accepted and filed. See above. WARRANT REGISTER 2002 (202-1-17) 18. Warrant Register No. 09. Ratification of Demands in the amount of $242,361.40. (Finance) ACTION: Accepted and filed. See above. FINANCIAL MANAGEMENT 2002 (204-1-17)) 19. Consolidated Cash and Investment Report as of June 30, 2002. (Finance) ACTION: Accepted and filed. See above. CLAIMS (501-1-146) 20. SUBJECT: Claim for Damages: Catalino H. Moreno (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-146) 21. SUBJECT: Claim for Damages: James A. Kitchen (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-146) 22. SUBJECT: Claim for Damages: Yolanda Vargas (City Clerk) ACTION: Denied. See above. Book 84/Page 206 9/3/02 NON CONSENT RESOLUTION CONDITIONAL USE PERMITS 2002 (403-17-1) 23. Resolution No. 2002-140. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL . AUTHORIZING APPROPRIATION OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS. (Police) Refer to Item No. 3 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Beauchamp, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS TRAFFIC STREET MARKING ADMIN (801-5-1) 24. SUBJECT: Appeal of the Traffic Safety Commission's decision not to recommend the installation of a mid -block crosswalk on the 1800 block of 17th Street by the First Christian Church. (Public Works / Engineering) RECOMMENDATION: Staff recommended to affirm the Traffic Safety Committee's decision not to install a marked crosswalk mid - block on the 1800 block of 17th Street. TESTIMONY: None. ACTION: Motion by Beauchamp, seconded by Zarate, to deny the appeal. Carried by unanimous vote. ZONE VARIANCES 2002 (409-1-33) 25. SUBJECT: Appeal — Zone variance time extension request for an office building with less than required parking and projections into the required front yard in the 1400 block of Highland Avenue (Applicant: Kathryn Willets for Paul Agpaoa and the National City CDC) (Case File No. Z-2001-10-TE). (Planning) RECOMMENDATION: Staff recommended that the expiration date for Zone Variance No. Z-2001-10 be extended for six months to February 20, 2003. Note: Mayor Waters requested Vice Mayor Inzunza chair the meeting since Mayor Waters owns property adjacent to the subject site and would be abstaining. Vice Mayor Inzunza indicated that he Book 84/Page 207 9/3/02 NON CONSENT RESOLUTION (cont.) ZONE VARIANCES 2002 (409-1-33) had spoken against the item at the Planning Commission Meeting and for that reason would be stepping down from the dais. Councilman Morrison was given control of the meeting to consider the item. TESTIMONY: Kathryn Willets, appeared on behalf of the applicant and spoke in favor of the time extension. Nick Inzunza, 1416 E 16th St., spoke in favor of the extension. ACTION: Motion by Beauchamp, seconded by Zarate, to approve the six-month extension. Carried by the following vote, to -wit: Ayes: Beauchamp, Morrison, Zarate. Nays: None. Absent: None. Abstain: Inzunza, Waters. CONDITIONAL USE PERMITS 2002 (403-17-1) 26. SUBJECT: Notice of Decision — Conditional Use Permit and Coastal Development Permit for a wireless communications facility at the southwest corner of National City Boulevard and west of 33rd Street, on the north side of State Route 54 (Applicant: Sprint Assets, PCS, LLC) (Case File No. CUP-2002-8 / CDP-2002-8). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Robert Krebs, 9275 Sky Park Ct., #105, San Diego, responded to questions. ACTION: Filed without objection. CITY MANAGER. City Manager McCabe reported that the State has finally adopted a budget, the full impact of which is not clear, however it does not appear to have hurt the City as much as previous projections had indicated. Further reports will be made as information becomes available. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR. No Report. Book 84/Page 208 9/3/02 CITY COUNCIL Councilman Morrison reported on the progress of SB 1703 on regional governance which has made it to the Governor's desk. Mr. Morrison said it is a good bill for National City. Vice Mayor Inzunza advised that he would be coming back at the next meeting to request ratification of lists of boards and commissions including those that Councilmembers serve on. Councilman Beauchamp reviewed upcoming events such as Stein Farm Harvest Fair, September 11th events and the Passport to the Future. PUBLIC ORAL COMMUNICATIONS. Terry Hanks, 1104 Palm Avenue, gave his opinion on a newspaper article about sex offenders, read a poem and expressed his views on the upcoming election for Mayor. Darryl Gorham, 1519 `D' Ave., complained about campaign tactics being used by a Council candidate for posting campaign signs. ADJOURNMENT Motion by Beauchamp, seconded by Inzunza, the meeting be adjourned to the Next Regular Meeting of the City Council of the City of National City., Tuesday, September 17, 2002, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:04 p.m. ag CITY CLERK Book 84/Page 209 9/3/02 The foregoing minutes were approved at the Regular Meeting of October 1, 2002. 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.