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HomeMy WebLinkAbout2002 10-01 CC MINBook 84/Page 220 10/1/02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 1, 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: Dalla, Eiser, Hernandez, Kimble, Kossyta, McCabe, Morse, Myers, Pauu, Ray. 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 Waters, the Minutes of the Regular Meeting of September 3 and September 17, 2002, and the Minutes of the Adjourned Meeting of September 3, 2002 be approved. Carried by unanimous vote. PRESENTATION METROPOLITAN TRANSIT BOARD ADMIN (101-14-1) South Bay Transit Studies: Actions — Metropolitan Transit Development Board. PROCLAMATIONS (102-2-1) Motion by Morrison, seconded by Zarate, the Proclamations be read in their entirety. Carried by unanimous vote. The Proclamation proclaiming the week of October 6-12, 2002 to be: "FIRE PREVENTION WEEK," was read in its entirety by Mayor Waters. Book 84/Page 221 10/1/02 PROCLAMATIONS (cont.) The Proclamation proclaiming December 13, 2002 to be: "TOYS FOR JOY DAY," was read in its entirety by Mayor Waters. Mayor Waters turned control of the meeting over to Vice Mayor Inzunza. INTERVIEWS AND APPOINTMENTS BOARDS AND COMMISSIONS (101-1-1) Carlos Carrillo, 3421 Eleanor Place, appeared for an interview and expressed an interest in serving on the Planning Commission. SENIOR CITIZEN ADVISORY COMM ADMIN-APPT (101-11-1) Vice Mayor Inzunza announced that Mayor Waters had recommended that Helen Murphy be re -appointed to serve on the Sr. Citizen Advisory Committee. ACTION: Action was deferred until Ms. Murphy could be present. SWEETWATER AUTHORITY ADMIN-APPT (101-22-1) Vice Mayor Inzunza announced that Mayor Waters had recommended that Alethea Pruitt be appointed to serve on the Sweetwater Authority. ACTION: Motion by Waters, seconded by Morrison, to appoint Alethea Pruitt. Motion failed by the following vote, to -wit: Nays: Beauchamp, Inzunza, Zarate. Ayes: Morrison, Waters. Absent: None. Abstain: None. Motion by Waters, seconded by Inzunza, to appoint Councilman Beauchamp to the Sweetwater Authority. Carried by unanimous vote. Councilman Beauchamp stated that, in view of his new appointment, it was his intent to immediately resign as the City's representative to the Metropolitan Transit Development Board (MTDB). ACTION: Motion by Inzunza, seconded by Morrison, to bring the item on the agenda. Carried by unanimous vote. Motion by Morrison, seconded by Zarate, to accept Mr. Beauchamp's resignation. Carried by unanimous vote. Book 84/Page 222 10/1/02 INTERVIEWS AND APPOINTMENTS (cont.) METROPOLITAN TIRANSIT DEV BD (MTDB) APPT (101-14-1) Mayor Waters recommended Vice Mayor Inzunza be appointed as the City's representative to MTDB. Motion by Waters, seconded by Beauchamp, in favor of the Mayor's recommendation. Carried by unanimous vote. Vice Mayor Inzunza returned control of the meeting to Mayor Waters. PUBLIC HEARING N.C. MUNICIPAL CODE (506-2-17) 1. Public Hearing — Consideration of adoption of various California and Uniform Codes relating to construction and maintenance of structures by reference. (Building & Safety) Refer to Item No. 17-22 Note: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended to hold the public hearing, and if appropriate, adopt the Ordinances. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to close the hearing. Carried by unanimous vote. PUBLIC HEARING N.C. MUNICIPAL CODE (506-2-17) 2. Public Hearing — Amendment to Title 18 of the National City Municipal Code regarding tobacco specialty shops and minimum area for automobile sales lots and automobile and truck repair establishments. (Case File No. A-2001-1) (Planning) Refer to Item No. 16 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 proposed amendment. TESTIMONY: Frank Alvarado, National City, spoke in favor of the Amendment and the reduction of the proposed abatement period for the existing tobacco shop. Book 84/Page 223 10/1/02 PUBLIC HEARING (cont.) N.C. MUNICIPAL CODE (506-2-17) Veronica Serrano, National City, spoke in favor of the Amendment and the reduction of the proposed abatement period for the existing tobacco shop. Maria Moreno, National City, spoke in favor of the Amendment and the reduction of the proposed abatement period for the existing tobacco shop. Martha Moreno, National City, spoke in favor of the Amendment and the reduction of the proposed abatement period for the existing tobacco shop. Esteban Alvarado, National City, spoke in favor of the Amendment and the reduction of the proposed abatement period for the existing tobacco shop. Hector Ramos, spoke in favor of the Amendment and the reduction of the proposed abatement period for the existing tobacco shop. Jeff Hernandez, Chula Vista, spoke in favor of the Amendment and the reduction of the proposed abatement period for the existing tobacco shop. ACTION: Motion by Zarate, seconded by Morrison, to reduce the abatement period from five years to three and close the hearing. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 3 through 10 (Resolution Nos. 2002-146 through 2002-153), Item Nos. 11 and 12 (Warrant Registers), Item Nos. 13 and 14 (Claims), and Item No. 15 (Response Letter regarding Grand Jury Report). Motion by Morrison, seconded by Zarate, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. DEEDS AND EASEMENTS (D2002-3) 3. Resolution No. 2002-146. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR INSTALLATION OF TWO Book 84/Page 224 10/1/02 CONSENT CALENDAR (cont.) DEEDS AND EASEMENTS (D2002-3) GROUNDWATER MONITORING WELLS AT 1139 HARBISON AVENUE AND NATIONAL CITY PROPERTY. (Public Works / Engineering) ACTION: Adopted. See above. PARKING ADMIN (801-2-22) 4. Resolution No. 2002-147. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A TEN -FOOT RED NO PARKING ZONE AT THE SOUTHEAST CORNER OF HARBISON AND 9TH STREET (E. GAVIOLA, TSC ITEM NO. 2002-25). (Engineering) ACTION: Adopted. See above. PARKING ADMIN (801-2-22) 5. Resolution No. 2002-148. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A TWO-HOUR PARKING ZONE AT 907 "A" AVENUE (I,. ROMIGUIERE, TSC ITEM NO. 2002-23). (Engineering) ACTION: Adopted. See above. COUNCIL POLICY MANUAL (102-13-1) 6. Resolution No. 2002-149. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO.203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY. (Finance) ACTION: Adopted. See above. BUDGET FY 2002-2003 (206-1-18) 7. Resolution No. 2002-150. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS FOR USE IN ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002-2003. (Finance) ACTION: Adopted. See above. Book 84/Page 225 10/1/02 CONSENT CALENDAR (cont.) BUDGET FY 2002-2003 (206-1-18) 8. Resolution No. 2002-151. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002-2003. (Finance) ACTION: Adopted. See above. CONTRACT (C98-14) 9. Resolution No. 2002-152. 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 CLAIMS MANAGEMENT SERVICES FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES. (Risk Management) ACTION: Adopted. See above. PERSONNEL ADMIN (604-6-1) 10. Resolution No. 2002-153. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF THE PARS DEFINED BENEFIT PLAN AND THE PARS DEFINED CONTRIBUTION PLAN FOR CONVERSION OF UNUSED LEAVE TIME TO BE ADMINIS IERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR FOR CITY EMPLOYEES. (City Manager) ACTION: Adopted. See above. WARRANT REGISTER 2002 (202-1-17) 11. Warrant Register No. 12. Ratification of Demands in the amount of $1,027,258.12. (Finance) ACTION: Accepted and filed. See above. WARRANT REGISTER 2002 (202-1-17) 12. Warrant Register No. 13. Ratification of Demands in the amount of $242,674.75. (Finance) ACTION: Accepted and filed. See above. CONSENT CALENDAR (cont.) CLAIMS (501-1-146) 13. SUBJECT: Claim for Damages: Fabio Lombardo. ACTION: Denied. See above. CLAIMS (501-1-146) 14. SUBJECT: Claim for Damages: Fawn Ackerman. ACTION: Denied. See above. Book 84/Page 226 10/1/02 (City Clerk) (City Clerk) SAN DIEGO GRAND JURY REPORT 2002 (303-1-6) 15. City Council approval of response letter regarding Grand Jury Report "Regional Transportation Planning — Does it Exist? (City Manager) ACTION: Approved. See above. ORDINANCES FOR INTRODUCTION Motion by Morrison, seconded by Zarate, the Ordinance be introduced by title only, and that it reflect in its first reading a three-year rather than a five- year limit after which time Cigarettes Cheaper would need to close down. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 16. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA FOR AUTOMOBILE SALES LOTS AND AUTOMOBILE AND TRUCK REPAIR ESTABLISHMENTS. APPLICANT: CITY OF NATIONAL CITY. (CASE FILE NO. A-2001-1) (Planning) Refer to Item No. 2 ORDINANCES FOR ADOPTION Motion by Morrison, seconded by Zarate, the Ordinances be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 17. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA MECHANICAL CODE, 2001 EDITION, ADOPTING APPENDIX Book 84/Page 227 10/1/02 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-17) A, B AND C OF SAID CODE, AND AMENDING ORDINANCE NO. 99-2160 AND CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE." (Building & Safety) Refer to Item No. 2 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded Morrison, to approve Ordinance No. 2002-2206. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 18. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2001 EDITION AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS, WITHIN THE CITY AND AMENDING ORDINANCE NO. 99-2161 AND CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE." (Building & Safety) Refer to Item No. 1 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded Morrison, to approve Ordinance No. 2002-2207. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 19. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA PLUMBING CODE, 2001 EDITION ADOPTING APPENDIX A, C, AND H OF SAID CODE, AMENDING CERTAIN SECTIONS OF THE CALIFORNIA PLUMBING CODE AND AMENDING ORDINANCE NO. 99-2163 AND CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE." (Building & Safety) Refer to Item No. 1 RECOMMENDATION: Staff recommended approval. Book 84/Page 228 10/1/02 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-17) TESTIMONY: None. ACTION: Motion by Zarate, seconded Morrison, to approve Ordinance No. 2002-2208. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 20. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II OF THE CALIFORNIA BUILDING CODE, 2001 EDITION, AMENDING CERTAIN SECTIONS AND ADOPTING APPENDIX CHAPTERS 9, 10, 12 (DIVISION IIA), 15, 31 (DIVISION III) AND 34 (DIVISION III); PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NO. 99-2157 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE." (Building & Safety) Refer to Item No. 1 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded Morrison, to approve Ordinance No. 2002-2209. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-17) 21. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 2000 EDITION, AND AMENDING ORDINANCE 99-2162 AND CHAPTER 15.22 TO THE NATIONAL CITY MUNICIPAL CODE RELATING TO SWIMMING POOLS, SPAS, AND HOT TUBS." (Building & Safety) Refer to Item No. 1 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded Morrison, to approve Ordinance No. 2002-2210. Carried by unanimous vote. Book 84/Page 229 10/1/02 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-17) 22. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA FIRE CODE 2001 EDITION; AND THE UNIFORM FIRE CODE STANDARDS 2000 EDITION; APPENDICES THERETO, AND NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A COMMUNITY RISK MANAGEMENT GROUP AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES, REPEALING ORDINANCE NO. 99-2165 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCE IN CONFLICT THEREWITH, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE." (Fire) Refer to Item No. 1 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded Morrison, to approve Ordinance No. 2002-2211. Carried by unanimous vote. NEW BUSINESS GENERAL PLAN (405-8-5) 23. SUBJECT: Report on implementation of the General Plan and Housing Element. (Planning) RECOMMENDATION: Staff recommended to file the report and. direct that it be transmitted to the State Office of Planning and Research and the State Department of Housing and Community Development. TESTIMONY: None. ACTION: Filed. N.C. COMMUNITY CENTER (1101-5-1) 24. SUBJECT: Request to use of the Community Center by the National School District and waiver of fees. (Public Works) RECOMMENDATION: None. Book 84/Page 230 10/1/02 NEW BUSINESS (cont.) N.C. COMMUNITY CENTER (1101-5-1) TESTIMONY: None. ACTION: Motion by Zarate, seconded by Beauchamp, to approve the request, including waiver of all fees, except the custodial fees. Carried by unanimous vote. N.C. COMMUNITY CENTER (1101-5-1) 25. SUBJECT: Request to use of the Community Center by the MAAC Project and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Beauchamp, to approve the request, including waiver of all fees, except the custodial fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 26. SUBJECT: Temporary Use Permit — Saturn of National City -Used Vehicle Tent Sale. (Building & Safety) RECOMMENDATION: Staff recommended approval of the application for a TUP subject to compliance with al conditions of approval. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Beauchamp, to approve the request. Carried by unanimous vote. PLANNED DEVELOPMENT PERMIT ADMIN (414-1-17) 27. SUBJECT: Notice of Decision — Planned Development Permit for a second residential unit in front of 1827 a Siesta Way (Applicant: Ramon and Leticia Lopez) (Case File No. PD-2002-3). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Ramon Lopez, spoke in favor. ACTION: Filed. Book 84/Page 231 10/1/02 NEW BUSINESS (cont.) CONDITIONAL USE PERMIT 2002 (403-17-1) 28. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communication facility at 716 Highland Avenue (Applicant: AT&T Wireless) (Case File No.: CUP-2002-14) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR Mayor Waters recommended that a public hearing be set to consider complaints about a business at Plaza Blvd and National City Blvd. It was suggested that the recommendation be on the next agenda to determine the parameters and objectives of such a hearing and what would be addressed. CITY COUNCIL — None. PUBLIC ORAL COMMUNICATIONS Ronald Bibb, National City, expressed his disapproval of Vice Mayor Inzunza's actions regarding a proposed facility in his neighborhood. Louise Martin, National City, expressed her disapproval with the action taken by the Council on the appointment to the Sweetwater Authority. ADJOURNMENT Motion by Morrison, seconded by Inzunza, the meeting be adjourned to the Next Regular Meeting of the City Council, to be held October 15, 2002, at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. Book 84/Page 232 10/1/02 The meeting closed at 7:47 p.m. The foregoing minutes were approved at the Regular Meeting of October 15, 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.