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HomeMy WebLinkAbout2002 12-17 CC MINBook 84/Page 269 12/17/02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 17, 2002 The Regular Meeting of the City Council of the City of National City was called to order at 6:05 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra. Administrative officials present: Campbell, Condon, Dalla, Desrochers, DiCerchio, Eiser, Hodges, McCabe, Morse, Myers, Post, Trees. Pledge of Allegiance to the flag led by Mayor Nick Inzunza, followed by the Invocation by Reverend Robert Dominguez. APPROVAL OF MINUTES Motion by Parra, seconded by Morrison, the Minutes of the Regular Meeting of December 3, 2002 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Cecilia Kirk, 311 E 2" Street, requested that the Council allow her to submit her application for the vacant City Council position. She arrived forty-five minutes past the deadline due to a doctor's appointment. Motion by Natividad to accept the application. Motion died for lack of a second. Marla Mink, El Cajon, appeared on behalf of Sharone Duncan and the Miss National City Alumni who have been responsible for the Miss National City Pageant for many years. Ms. Mink reviewed and clarified some current issues and problems regarding the Miss National City Pageant and the 22nd District Agricultural Association, sponsors of the Miss San Diego County, Fairest of the Fair Pageant. Book 84/Page 270 12/17/02 PUBLIC ORAL COMMUNICATIONS (cont.) Pam Wilson, Director of the La Mesa and Santee Pageants, requested the City support efforts to save the name of National City's Pageant and maintain control of the pageant within the city itself. City Attorney Eiser was asked to submit a written report on the City's rights and obligations relative to the local pageant. A meeting with Sharone Duncan and possibly the 22nd District Agricultural Association was also planned. Item No. 18 was taken up next. OLD BUSINESS CITY COUNCIL VACANCY (102-15-2) 18. SUBJECT: City Council Vacancy. (Continued from Council Meeting of December 3, 2002) RECOMMENDATION: Mayor Inzunza outlined the procedure that would be followed for the nomination process. Individual speakers would be invited to speak on behalf of various nominees. Then all 12 candidates who submitted the required paperwork would be allowed two minutes to address the City Council. Following that, each Councilmember would be asked to nominate an individual from the 12 who applied. All nominees who received a second to their nomination would move on to the next round. TESTIMONY: Cesar Adan, Temecula, spoke in support of Ditas Yamane. Romy Crena, San Diego, spoke in support of Ditas Yamane. Jim Sober, Bonita, spoke in support of Ditas Yamane. Rueben Filizardo, National City, spoke in support of Fideles Ungab. Darryl Gorham, National City, spoke against the selection process and expressed his belief that the person that will be selected was agreed upon prior to nominations being accepted. Delfin Labao, National City, spoke in support of Fideles Ungab. Marissa Acierto, National City, spoke in support of Madeleine Estepa. Book 84/Page 271 12/17/02 OLD BUSINESS (cont.) CITY COUNCIL VACANCY (102-15-2) The following applicants spoke for two minutes on behalf of their candidacy for appointment to the City Council: Albert `Al' Alvarado George Baca R. Mitchel Beauchamp Carlos Carrillo Madeleine Estepa John Gordy Alma Graham Vincent Reynolds Renee Smith Fideles Ungab Ditas Yamane Rosalie Zarate ACTION: The first round of the nomination process proceeded as follows: Councilman Morrison nominated Madeleine Estepa. There was no second. Mayor Inzunza nominated Ditas Yamane. There was no second. Councilman Parra nominated Fideles Ungab. Seconded by Morrison. Councilman Natividad nominated George Baca. Seconded by Inzunza. Councilman Morrison nominated Vince Reynolds. Seconded by Parra. Mayor Inzunza nominated Alma Graham. Seconded by Natividad. Councilman Parra nominated Al Alvarado. There was no second. Councilman Natividad passed. Councilman Morrison passed. Mayor Inzunza nominated Rosalie Zarate. Seconded by Natividad. Book 84/Page 272 12/17/02 OLD BUSINESS (cont.) CITY COUNCIL VACANCY (102-15-2) Councilman Parra passed. Councilman Natividad passed. Councilman Morrison passed. Mayor Inzunza passed. It was agreed that the process would continue with each of the five finalists from the first round being considered and requiring a nomination and two seconds in order to continue. Councilman Morrison nominated Fideles Ungab. Parra and Natividad seconded. Mayor Inzunza nominated Rosalie Zarate. Natividad seconded. Councilman Parra nominated Vince Reynolds. Morrison seconded. Councilman Natividad nominated Alma Graham. Inzunza seconded. Councilman Morrison passed. Mayor Inzunza nominated George Baca. Natividad seconded. Only one individual received a nomination and two seconds. Motion by Inzunza, seconded by Morrison, that Fideles Ungab be appointed to fill the vacant City Council seat. Carried by unanimous vote. City Clerk Dalla administered the oath of office to Mr. Fideles Ungab, who then took his seat on the dais. Councilmember Ungab said he would make decisions in the best interest of the city and thanked his family and friends. A recess was called at 7:20 p.m. The meeting reconvened at 7:32 p.m. All members were present. Book 84/Page 273 12/17/02 APPOINTMENT SWEETWATER AUTHORITY APPT (101-22-1) Appointing Mayor Nick Inzunza to the Sweetwater Board Authority effective January 1, 2003. ACTION: Motion by Parra, seconded by Morrison, to approve the appointment. Carried by unanimous vote. Councilmember Parra stated for the record that it will be necessary that he and Councilmember Ungab abstain on Item Nos. 3, 4, 5, 23 and 24 due to the fact that they previously acted on the items as members of the Planning Commission. PUBLIC HEARINGS COMMUNITY DEV ADMIN 2002 (406-2-9) 1. Public Hearing: To solicit National City's resident's views and opinions regarding the housing and community development needs of lower income residents. (Community Development Commission) RECOMMENDATION: Staff recommended that a public hearing be held to solicit public input regarding the housing and community development needs of lower income residents. TESTIMONY: None. ACTION: The public hearing was closed. BLOCK GRANT PROGRAM ADMIN (406-1-17) 2. Public Hearing: Reallocation of Community Development Block Grant Funds. (Community Development Commission) Refer to Item No. 15 RECOMMENDATION: Staff recommended that a public hearing be held to solicit and consider any public input. TESTIMONY: Dennis Bostad, President of the Chamber of Commerce spoke in favor of the reallocation and responded to questions. ACTION: The public hearing was closed. Book 84/Page 274 12/17/02 PUBLIC HEARINGS (cont.) STREET VACATION / 9TH STREET (902-36-1) 3. Public Hearing: Vacation of 9th Street between Roosevelt Avenue and National City Boulevard (Applicant: Community Development Commission) (Case File No. SC-2002-2). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission and recommended approval of the street vacation. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to approve. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad. Nays: None. Absent: None. Abstain: Parra, Ungab. PLANNED DEV PERMIT (414-1-17) 4. Public Hearing: Subdivision and Planned Development Permit for five residential units on the east side of Q Avenue at 7th Street with a variance for the location of parking spaces and fencing (Applicant: Daniel Furlan) (Case File No.: S-2002-1/PD-2002-4/Z-2002-3). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval of the Subdivision, Planned Development Permit and Zone Variance. TESTIMONY: Joseph Scarlatti, El Cajon, the applicant, was available to answer questions. ACTION: Motion by Morrison, seconded by Inzunza, to continue the hearing to January 7, 2003. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad. Nays: None. Absent: None. Abstain: Parra, Ungab. GENERAL PLAN 2002 (405-8-4) 5. Public Hearing: Amendment to the General Plan, Housing Element, and Titles 17 (Subdivisions) and 18 (Land Use) of the Municipal Code regarding conversion of apartments to condominiums and related regulations. Applicant: Westone Management Consultants (GP-2002-2/A-2002-3) (Planning) Book 84/Page 275 12/17/02 PUBLIC HEARINGS (cont.) GENERAL PLAN 2002 (405-8-4) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval of the amendment, with the additional requirement for submittal of physical elements reports. TESTIMONY: Joseph Scarlatti, El Cajon, spoke in favor of the amendment and was available to answer questions. ACTION: Motion by Natividad, seconded by Morrison, to close the public hearing and approve staff and Planning Commission recommendations. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad. Nays: None. Absent: None. Abstain: Parra, Ungab. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 6 through 9 (Resolution Nos. 2002-181 through 2002-184), and Item No. 10 (Disclosure of property interests located within redevelopment project area), Item Nos. 11 through 13 (Warrant Registers), and Item No. 14 (Claim for Damages). Motion by Natividad, seconded by Morrison, Item No. 6 be pulled, the remainder of the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. CONTRACT (C2002-55) 6. Resolution No. 2002-181. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM ADAMSON INDUSTRIES, AND AUTHORIZING AWARD OF BID GS0203-1 FOR BODY ARMOR FOR THE POLICE DEPARTMENT." (Purchasing) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, Resolution No. 2002-181 be approved. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: Ungab. Book 84/Page 276 12/17/02 CONSENT CALENDAR (cont.) ENCROACHMENT AGREEMENT ADMIN (903-14-1) 7. Resolution No. 2002-182. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH RESTRUCTURE PETROLEUM FOR INSTALLATION OF THREE GROUNDWA TER MONITORING WELLS AT 1605 EAST 4TH STREET AND NATIONAL CITY PROPERTY." (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C97-6) 8. Resolution No. 2002-183. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE FIVE-YEAR LICENSE AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC AND THE CITY OF NATIONAL CITY FOR THE BAYSHORE BIKEWAY." (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C86-24) 9. Resolution No. 2002-184. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIFTH AMENDED EMERGENCY SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO AND THE SIGNATORY CITIES WITHIN THE COUNTY." (Fire) ACTION: Adopted. See above. CITY ATTORNEY REPORTS (509-1-3) 10. SUBJECT: Disclosure of property interests located within redevelopment project area: Councilman Parra. (City Attorney) ACTION: Approved. See above. WARRANT REGISTER 2002 (202-1-17) 11. Warrant Register No. 22. Ratification of Demands in the amount of $2,153,005.60. (Finance) ACTION: Ratified. See above. Book 84/Page 277 12/17/02 CONSENT CALENDAR (cont.) WARRANT REGISTER 2002 (202-1-17) 12. Warrant Register No. 23. Ratification of Demands in the amount of $377,217.77. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2002 (202-1-17) 13. Warrant Register No. 24. Ratification of Demands in the amount of $1,161,816.98. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-146) 14. SUBJECT: Claim for Damages: Ralph Zarate. (City Clerk) ACTION: Denied. See above. NON CONSENT RESOLUTIONS BLOCK GRANT PROGRAM ADMIN (406-1-17) 15. Resolution No. 2002-185. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS." (Community Development Commission) Refer to Item No. 2 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve Resolution No. 2002-185. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: Ungab. ORDINANCE FOR ADOPTION Motion by Parra, seconded by Natividad, the Ordinance be introduced by title only. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: Ungab. NATIONAL CITY MUNICIPAL CODE 2002 (506-2-17) 16. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING A NEW CHAP l'ER 11.42, Book 84/Page 278 12/17/02 ORDINANCE FOR ADOPTION (cont.) TITLED "SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED", AND BY ADDING NEW SECTIONS 11.42.010, 11.42.020, 11.40.030, 11.40.040, 11.40.050 AND 11.40.060." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to adopt Ordinance No. 2002-2214. Carried by the following vote, to - wit: Ayes: Inzunza, Natividad, Parra. Nays: None. Absent: Morrison. Abstain: Ungab. OLD BUSINESS POLICE DEPARTMENT ADMIN (302-4-1) 17. SUBJECT: Staff Report — Police Department — 900 "A" Avenue Problem Oriented Policing Project (POP). (Police Department) RECOMMENDATION: Staff recommended approval. TESTIMONY: John Smaha, San Diego, and Janice Martinelli, National City, requested the item be continued until January 7, 2003. ACTION: Motion by Parra, seconded by Morrison, to continue to January 7, 2003. Carried by unanimous vote. CITY COUNCIL VACANCY (102-15-2) 18. SUBJECT: City Council Vacancy. (Continued from Council Meeting of December 3, 2002) ACTION: This item was taken up earlier in the meeting. LABOR RELATIONS / MAYOR AND COUNCIL (605-8-1) 19. SUBJECT: Adjustments in compensation for Mayor and City Council and for CDC Chairman and Board Members. (Continued from the Council Meeting of December 3, 2002). (City Attorney) RECOMMENDATION: None. TESTIMONY: Darryl Gorham, National City, spoke against the proposed adjustments for the Mayor and City Council. Book 84/Page 279 12/17/02 OLD BUSINESS (cont.) LABOR RELATIONS / MAYOR AND COUNCIL (605-8-1) ACTION: City Attorney Eiser presented an Ordinance reflecting recommendation of Council Committee. Motion by Parra, seconded by Natividad, to introduce the Ordinance by title only. Carried by unanimous vote. City Clerk Dalia introduced the following Ordinance: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL, AND THE CHAIRMAN AND BOARD MEMBERS OF THE COMMUNITY DEVELOPMENT COMMIS SION." Motion by Morrison, seconded by Parra, to have staff investigate retirement options for outside Boards and Commissions. Carried by unanimous vote. NEW BUSINESS COMMUNITY PROMOTION (102-1-3) 20. SUBJECT: Requests by the National City Chamber of Commerce to serve alcohol at their annual dinner. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve the request. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. COMMUNITY CENTER (1101-5-1) 21. SUBJECT: Request to use the Community Center by the County of San Diego and waiver of fees. (Public Works) RECOMMENDATION: Staff recommended approval for use and Council decision on waiver of fees. Book 84/Page 280 12/17/02 NEW BUSINESS (cont.) COMMUNITY CENTER (1101-5-1) TESTIMONY: Oscar Talaro, representing the County, responded to questions. ACTION: Motion by Parra, seconded by Natividad, to approve the request including waiver of fees, with the exception of the custodial and kitchen fees. Carried by unanimous vote. COMMUNITY CENTER (1101-5-1) 22. SUBJECT: Request for use of the Community Center by the National City Community Concert Band and waiver of fees. (Public Works) RECOMMENDATION: Staff recommended approval for use and Council decision on waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to approve the request including waiver of fees. Carried by unanimous vote. CONDITIONAL USE PERMIT 2002 (403-17-1) 23. SUBJECT: Notice of decision — Conditional Use Permit for an industrial building at the northwest corner of Harding Avenue and W. 18th Street, across from St. Anthony's Church (Applicant: William N. Thornton Jr.) (Case File No. CUP-2002-16). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended the Notice of Decision be filed. TESTIMONY: None. ACTION: Accepted and filed. CONDITIONAL USE PERMIT 2002 (403-17-1) 24. SUBJECT: Notice of Decision — Conditional Use Permit for a fitness center in the Sweetwater Plaza Shopping Center (Applicant: Nancy Santos) (Case File No. CUP-2002-20). (Planning) Book 84/Page 281 12/17/02 NEW BUSINESS (cont.) CONDITIONAL USE PERMIT 2002 (403-17-1) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended the Notice of Decision be filed. TESTIMONY: None. ACTION: Accepted and filed. CITY MANAGER. No Report. CITY ATTORNEY. No Report. OTHER STAFF. No Report. MAYOR Mayor Inzunza requested that the Council consider a site adjacent to the existing "Christmas in July" facility as a possible location for the food bank. There was consensus that staff be directed to look into the site. MAYOR AGENDA (102-14-2) 25. SUBJECT: Use of temporary buildings and trailers for automobile sales. (Mayor Inzunza) ACTION: Mayor Inzunza said that it was his desire, without objection from Council, to "give direction to staff to work with the parties involved; take into consideration that there was a business license there before and folks coming onto a piece of property, whether they need to make some adjustments, that we can't simply issue business licenses and, when new folks come on board and they're looking for the same business licenses, we have to be able to work with them at some point....so if you can think of some creative ideas and sit down with the folks looking for that business license, I'd really appreciate it." CITY COUNCIL Councilman Parra requested that staff and the Traffic Committee look into the possibility of a 3-way stop at 24th Street and Lanoitan. Book 84/Page 282 12/17/02 CITY COUNCIL (cont.) Councilman Morrison reported on the magnitude of the State budget crisis and meetings he had in Sacramento. Councilman Morrison requested that a workshop on procedures and protocol be set. It was the consensus of the Council that the date for the workshop be January 14th at noon. Councilman Natividad reported that three students from Central School were hit by a car; he wanted to send best wishes from the City for a speedy recovery. Mr. Natividad requested that the City Manager look into a public access program for defibrillators and the possibility of a presentation to the Council. Assistant City Manager Park Morse indicated that staff has been working on such a program and will bring it to Council very soon. Councilman Natividad requested that the City Council meeting be adjourned in memory of both Consuelo Padilla who passed away on December 9, 2002, and Anna Mae Sawyer Berkley, who passed away on December 7, 2002. CLOSED SESSIONS 1) Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(a) 2) Sewer back-up at 1132 East 20th Street; Simon and Lenor Torres ACTION: Motion by Morrison, seconded by Parra, to go into Closed Session. Carried by unanimous vote. Councilmembers left the Chamber at 9:40 p.m. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council, to be held January 7, 2003, at 6:00 p.m., Council Chambers, Civic Center. Book 84/Page 283 12/17/02 The meeting was adjourned in memory of both Consuelo Padilla who passed away on December 9, 2002, and Anna Mae Sawyer Berkley who passed away on December 7, 2002. hi.tria/V/At j CIT CLERK The foregoing minutes were approved at the Regular Meeting of January 7, 2003. 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.