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HomeMy WebLinkAbout2002 10-15 CC MINBook 84/Page 233 10/15/02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 15, 2002 The Regular Meeting of the City Council of the City of National City was called to order at 6:01 p.m. by Mayor Waters. ROLL CALL Councilmembers present: Beauchamp, Inzunza, Morrison, Zarate, Waters. Administrative officials present: Condon, Campbell, Dalla, DiCerchio, Eiser, Matienzo, McCabe, 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 Zarate, the Minutes of the Regular Meeting of October 1, 2002 and the Minutes of the Adjourned Meeting of October 1, 2002 be approved. Carried by unanimous vote. MAYOR'S PRESENTATION NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters turned control of the meeting over to Vice Mayor Inzunza. Mr. Inzunza requested that City Engineer Burt Myers introduce his new employee, Carlos Perez / Civil Engineering Technician. Mr. Perez stood and was recognized by those present. PROCLAMATIONS (102-2-1) Motion by Morrison, seconded by Beauchamp, the Proclamations be read in their entirety. Carried by unanimous vote. The Proclamation proclaiming Thursday, October 17, 2002 to be: "SAN YSIDRO HEALTH CENTER'S FAMILY ORAL HEALTH DAY IN NATIONAL CITY," was read in its entirety by Mayor Waters. Book 84/Page 234 10/15/02 PROCLAMATIONS (cont.) The Proclamation proclaiming the week of October 21 to October 25, 2002 to be: "MAKE A DIFFERENCE DAY," was read in its entirety by Mayor Waters. The Proclamation proclaiming Saturday, October 25, 2002 to be: "RIDESHARE WEEK," was read in its entirety by Mayor Waters. INTERVIEWS AND APPOINTMENTS PLANNING COMMISSION ADMIN (101-6-1) Mayor Waters turned control of the meeting over to Vice Mayor Inzunza who announced that Ms. Janice Martinelli and Mr. Carlos Carrillo were present, had previously been interviewed, and were interested in serving on the Planning Commission. ACTION: Motion by Beauchamp, seconded by Morrison, to appoint Janice Martinelli to the Planning Commission. Carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Morrison, Waters. Nays: Zarate. Absent: None. Abstain: None. Vice Mayor Inzunza returned control of the meeting to Mayor Waters. PUBLIC HEARING GRANT / LAW ENFORCEMENT (302-1-2) 1. Public Hearing — Appropriation of FY 2002 Local Law Enforcement Block Grant Funds. (Police) Refer to Item No. 13 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. TESTIMONY: None. ACTION: The hearing was closed CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 2 through 6 (Resolution Nos. 2002-154 through 2002-158), Item Nos. 7 and 8 (Warrant Registers), Item No. 8 (Consolidated Cash and Investment Report), and Item Book 84/Page 235 10/15/02 CONSENT CALENDAR (cont.) No. 10 (Street Tree and Parkway Committee Minutes). Motion by Morrison, seconded by Beauchamp, the Consent Calendar be approved. Carried by unanimous vote. CONTRACT (C2002-18) 2. Resolution No. 2002-154. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDERS NO. 1 AND 2, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY SLURRY SEAL PROJECT (ENGINEERING SPECIFICATION NO. 01-2)." (Public Works / Engineering) ACTION: Adopted. See above. CONTRACT (C2002-47) 3. Resolution No. 2002-155. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HEFFLER COMPANY, INC. FOR THE NATIONAL CITY BOULEVARD, 14TH TO 18TH STREET IMPROVEMENTS PROJECT (SPEC. NO. 02-7)." (Public Works) ACTION: Adopted. See above. CONTRACT (C99-21 / 702-10-1) 4. Resolution No. 2002-156. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL SERVICES REQUIRED TO FINALIZE BID DOCUMENTS FOR PARADISE CREEK EDUCATIONAL PARK. (Parks and Recreation) ACTION: Adopted. See above. Book 84/Page 236 10/15/02 CONSENT CALENDAR (cont.) CONTRACT (C2002-48) 5. Resolution No. 2002-157. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT AND DELEGATION AGREEMENT WITH AMERICAN GOLF CORPORATION AND AGC OPERATING COMPANY, LLC. (Parks and Recreation) ACTION: Adopted. See above. PERSONNEL ADMIN (604-6-1) 6. Resolution No. 2002-158. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY." (Personnel) ACTION: Adopted. See above. WARRANT REGISTER 2002 (202-1-17) 7. Warrant Register No. 14. Ratification of Demands in the amount of $1,079,618.85. (Finance) ACTION: Accepted and filed. See above. WARRANT REGISTER 2002 (202-1-17) 8. Warrant Register No. 15. Ratification of Demands in the amount of $396,842.42. (Finance) ACTION: Accepted and filed. See above. FINANCIAL MANAGEMENT (204-1-17) 9. SUBJECT: Consolidated Cash and Investment Report as of July 31, 2002. (Finance) ACTION: Accepted and filed. STREET TREE AND PARKWAY COMMITTEE MINUTES (101-2-1) 10. SUBJECT: Street Tree and Parkway Committee Minutes. (Parks and Recreation) ACTION: Accepted and filed. Book 84/Page 237 10/15/02 NON CONSENT RESOLUTIONS CONTRACT (C2002-49) 11. Resolution No. 2002-159. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J FOR CONSULTING SERVICES PERTAINING TO WASTEWATER RATE ANALYSIS AND CONSULTING." (Public Works) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to approve the Resolution. Carried by unanimous vote. LAW ENFORCEMENT ADMIN (302-2-1) 12. Resolution No. 2002-160. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND EXPENDITURE OF FISCAL YEAR 2001- 2002 AND SURPLUS FISCAL YEARS 2000-2001 CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (C.L.E.E.P.) FUNDS FOR THE PURCHASE OF MOTOROLA RADIOS AND ACCESSORIES FOR THE POLICE DEPARTMENT." (Police) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the Resolution. Carried by unanimous vote. GRANT / LAW ENFORCEMENT (302-1-2) 13. Resolution No. 2002-161. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION NOF $117,736.49 IN FY 2002 / 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF MOTOROLA RADIOS AND ACCESSORIES FOR THE POLICE DEPARTMENT. (Police) REFER TO AGENDA ITEM NO. 1 RECOMMENDATION: Staff recommended approval. Book 84/Page 238 10/15/02 NON CONSENT RESOLUTIONS (cont.) GRANT / LAW ENFORCEMENT (302-1-2) TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. 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) 14. "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 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded Beauchamp, to approve Ordinance No. 2002-2212. Carried by unanimous vote. NEW BUSINESS PUBLIC REQUEST / COMPLAINT ADMIN (102-1-1) 15. SUBJECT: Discussion regarding the Trophy Lounge on National City Boulevard. (City Manager) RECOMMENDATION: None. TESTIMONY: Janice Martinelli spoke and expressed the desire of the people that sent letters to the City to have their name and address kept confidential. ACTION: There was extensive discussion. The consensus of the Council was to refer the matter back to staff to come back with a recommendation; have the City Manager write a letter to the owner of record of the Trophy Lounge to communicate the contents of the letters from the public; invite the owner to Book 84/Page 239 10/15/02 NEW BUSINESS (cont.) PUBLIC REQUEST / COMPLAINT ADMIN (102-1-1) respond; and send out a notice to surrounding property owners notifying them of the November 19th meeting. There was no vote. CONDITIONAL USE PERMIT 2002 (403-17-1) 16. SUBJECT: Notice of Decision — Conditional Use Permit for a new National City Public Library at the northeast corner of National City Boulevard and 15th Street (Applicant: National City Library) (Case File No. CUP-2002-10). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Anne Campbell, City Librarian, gave an update of the State Library Bond application process. ACTION: Filed. PLANNED DEVELOPMENT PERMIT (414-1-17) 17. SUBJECT: Notice of Decision — Planned Development Permit for a duplex on a vacant parcel in the 2100 block of "F" Avenue (Applicant: Jose Gutierrez) (Case File No. PD-2002-5). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. CONDITIONAL USE PERMIT (403-17-1) 18. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communications facility on Price Breakers at 1019 Highland Avenue in South Bay Plaza (Applicant: Cingular Wireless) (Case File No. CUP-2002-2). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. Book 84/Page 240 10/15/02 NEW BUSINESS (cont.) N.C. COMMUNITY CENTER (1101-5-1) 19. SUBJECT: Request to use the Community Center by the Pilipino American Community of National City and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 20. SUBJECT: Temporary Use Permit — Sweetwater High School — Homecoming Fireworks Display. (Building & Safety) RECOMMENDATION: Staff recommended approval of the application for a TUP subject to compliance with all conditions of approval and grant the request for a waiver of the processing fees. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request, including waiver of the processing fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 21. SUBJECT: Temporary Use Permit — South Bay Community Church Fall Festival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the application for a TUP subject to compliance with all conditions of approval and grant the request for a waiver of fees. TESTIMONY: None ACTION: Motion by Morrison, seconded by Zarate, to approve the request, including waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 22. SUBJECT: Temporary Use Permit — Seafood City Supermarket — Filipino -Mexican Grand Karaoke Competition. (Building & Safety) Book 84/Page 241 10/15/02 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2002 (203-1-18) RECOMMENDATION: Staff recommended approval of the application for a TUP subject to compliance with al conditions of approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2002 (203-1-18) 23. SUBJECT: Temporary Use Permit — Pentecostal Missionary Church of Christ — National Convention Parade. (Building & Safety) RECOMMENDATION: Staff recommended approval of the application for a TUP subject to compliance with al conditions of approval and grant the request for a waiver of all fees. TESTIMONY: An un-named speaker appeared on behalf of the church. ACTION: Motion by Beauchamp, seconded by Morrison, to approve the request, including waiver of all fees. Carried by unanimous vote. There was a request by the City Clerk to add an item onto the agenda that came up after the agenda was posted. ACTION: Motion by Beauchamp, seconded by Morrison, to bring the item on the agenda. Carried by unanimous vote. CLAIMS (501-1-146) 23A. SUBJECT: Claim of Gordon Paul Nichols. (City Clerk) RECOMMENDATION: Staff recommended denial. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Beauchamp, to deny the claim and refer to the City Attorney. Carried by unanimous vote. Book 84/Page 242 10/15/02 CITY MANAGER. No Report. CITY ATTORNEY CLOSED SESSION REPORT (509-1-4) 24. SUBJECT: Report on closed session of October 1, 2002, to consider public employee discipline/dismissal/release: A closed session was held on October 1, 2002, to consider the termination of employment of a police officer. After deliberation by the City Council, the decision to terminate the employment of the subject police officer was affirmed. Voting in favor of the decision to affirm the termination were Mayor Waters, Councilman Morrison and Councilwoman Zarate. Vice -Mayor Inzunza and Councilman Beauchamp recused themselves from any deliberation or participation in the matter. ACTION: Filed. OTHER STAFF. No Report. MAYOR. No Report. CITY COUNCIL MAYOR'S PRESENTATION (102-14-2) 25. SUBJECT: Consideration of Planning Commission action regarding new construction at 2233 E. 4t' Street. (Councilman Morrison) TESTIMONY: The following individuals spoke in favor of the proposed development and against a public hearing: Elaine Barrack, Cheneweth Foundation, La Mesa Al Barrack, Cheneweth Foundation, La Mesa Sofia Atldstad, Cheneweth Foundation, National City Martha Ojeda, National City Juanita Rettinghaus, Lakeside Serayia Jackson, Cheneweth Foundation, National City Pam Benson, Del Mar George Engel, Project Architect, San Diego Nic Cheneweth, Chula Vista. Book 84/Page 243 10/15/02 CITY COUNCIL (cont.) MAYOR'S PRESENTATION (102-14-2) The following individuals spoke in favor of a public hearing: Rita Heuss, National City Georgia Guarano, National City. ACTION: Motion by Beauchamp, seconded by Morrison, to set for public hearing on November 19, 2002, and to notice expanded area. Carried by unanimous vote. Council Morrison reported on the Regional Solid Waste Committee and the $30,000 annual rebate National City receives from other cities in the county due to the fact that we have the lowest trash rates. Those funds are being used to fund National City's hazardous waste program. Councilman Morrison reported that there would also be a one-time rebate of an additional $10,000 to the City. Councilman Morrison gave an update on the Regional Transportation Plan (RTP) which includes projects in National City to re -align Tidelands Avenue and Harbor Drive and widen the 24th Street underpass. PUBLIC ORAL COMMUNICATIONS Everett Dickson thanked the City for resurfacing the streets in his neighborhood. ADJOURNMENT Motion by Morrison, seconded by Zarate, the meeting be adjourned to the Next Regular Meeting of the City Council, to be held November 19, 2002, at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 7:45 p.m. H CITY CLERK Book 84/Page 244 10/15/02 The foregoing minutes were approved at the Regular Meeting of November 19, 2002. )1 At- c. —.tom 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.