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
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