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HomeMy WebLinkAbout2003 02-04 CC MINBook 85/Page 20 2/4/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 4, 2003 The Regular Meeting of the City Council of the City of National City was called to order at 6:01 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Dalla, Diaz, DiCerchio, Eiser, Kimble, 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 Morrison, seconded by Parra, the Minutes of the Special Meeting of January 21, 2003 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Darryl Gorham, National City, asked questions about the money (spent for pizza) that was discussed at a previous meeting. The next item to be taken up was Presentations. PRESENTATIONS (102-14-2) 1. Girl Scout Troop 5909 — San Diego -Imperial Council, Inc. Mayor Inzunza introduced JoDee Jacobs, Executive Director of the Girl Scouts — San Diego -Imperial Council. Ms. Jacobs then introduced Sharon Cunningham, Leader of Girl Scout Troop 5909. The Mayor and City Council presented certificates and city flags to the following members of Troop 5909 in recognition of their participation in the installation ceremony for newly elected Mayor and Book 85/Page 21 2/4/03 PRESENTATIONS (102-14-2) (cont.) Council: Desiree Nash, Girl Scouts Director; Sharon Cunningham, Leader; Tiffany Walker, Co -Leader; troop members Ashley Williams, Ciarra Seals. 2. National School District After School Mariachis Mayor Inzunza introduced Clint Taylor, Coordinator, After School Program — National School District. Mr. Taylor then introduced Alfredo Aranda, Proprietor, Escuela De Musica. The Mayor and City Council presented certificates and City Flags to the following individuals: Clint Taylor, Alfredo Arana, Karla Diaz. Councilman Natividad introduced Sharon Beasley, Tribal Secretary and Glenn Quiroga, Treasurer for the Sycuan Tribal Council who, in turn, presented a check for $1000 to the National School District After School Mariachis Program. Councilman Natividad announced additional donations to the program totaling $1400 to assist in the purchase of uniforms. Mayor Inzunza again took up Public Oral Communication. PUBLIC ORAL COMMUNICATIONS Tollie Green, a contractor, appeared and related problems he is having making a sewer connection for a client. MAYOR'S PRESENTATION (102-14-2) Trilingual Interpretation Services — Proposal for National City City Council Meetings — Mayor Nick Inzunza. TESTIMONY: Guille Coronado and Veronica Serrano, representing Por La Vida, requested translation services be provided at Council meetings in Spanish and Tagolog. Por La Vida offered to provide the service free for a two -month trial period. The estimated cost of providing service for the first full year is $10,000 and $2880 for the succeeding year. Book 85/Page 22 2/4/03 MAYOR'S PRESENTATION (102-14-2) (cont.) ACTION: Motion by Morrison, seconded by Inzunza, to direct staff to meet and discuss with proponents, and set up trial period over sixty days. Carried by unanimous vote. COUNCIL APPOINTMENTS SANDAG BOARD ADMIN (101-16-1) MTDB ADMIN (101-14-1) APPT VICE MAYOR ADMIN (101-20-1) SANDAG — Representative and Alternate MTDB - Representative and Alternate Vice Mayor ACTION: Motion by Natividad, seconded by Ungab, to appoint Frank Parra as Vice Mayor. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. Motion by Inzunza, seconded by Morrison, to appoint Fideles Ungab as the alternate MTDB representative. Carried by unanimous vote. Motion by Morrison, seconded by Natividad, to appoint Frank Parra as alternate SANDAG representative. Carried by unanimous vote. Mayor Inzunza appointed Fideles Ungab to the Bikeway Committee. Motion by Morrison, seconded by Inzunza, to appoint Luis Natividad to SANDAG Housing. Carried by unanimous vote. INTERVIEWS AND APPOINTMENTS BOARDS AND COMMISSIONS (101-1-1) 1. Boards and Commissions: Vacancies, Applications, Interviews, Appointments. (City Clerk) TESTIMONY: The following individuals appeared and were interviewed: Albert "Al" Alvarado, Marie Patrice Amon, Patrick Amon, Mable Louise Attaway, Richard Hubbard, Mary L. Martin, E. Tracy Smith, Gabriel Saludares, Ditas Yamane. Book 85/Page 23 2/4/03 INTERVIEWS AND APPOINTMENTS (cont.) BOARDS AND COMMISSIONS (101-1-1) ACTION: Mayor Inzunza stated that those just interviewed and those still eligible will be invited back at a future date when appointments are to be made. Councilman Morrison suggested changes be made in our application form. Mayor Inzunza asked Councilman Morrison to work with the City Clerk and also requested the City Attorney to explore the opportunities of expanding the Planning Commission from seven members to nine members and to report back at the next meeting. PUBLIC HEARING SUBDIVISION ADMIN (415-35-1) 2. Public Hearing — Tentative Subdivision Map to divide a 46,335 square foot property into eight parcels at the southeast corner of 8th Street and N Avenue. (Applicant: Gulf Unlimited Corporation) (Case File No.: S-2002-2) (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval of the subdivision. TESTIMONY: Carolyn Alves, San Diego, inquired about the parking impacts of the proposed subdivision. Randolph Myrseth, National City, questioned whether the size of the driveways was adequate for a car. ACTION: Motion by Morrison, seconded by Parra, to close the hearing. Carried by unanimous vote. Motion by Morrison, seconded by Natividad, to approve the subdivision with the added condition that parking be prohibited in the alley on the north side. Motion withdrawn. Motion by Morrison, seconded by Ungab, to continue the item for two weeks. Motion withdrawn. Motion by Morrison, seconded by Parra, to approve with findings and direct staff to review parking prohibition in the alley. Carried by unanimous vote. Book 85/Page 24 2/4/03 PUBLIC HEARING CONDITIONAL USE PERMIT 2003 (403-18-1) 3. Public Hearing — Conditional Use Permit for a used car sales lot to be established on the northwest corner of the Civic Center Drive and Roosevelt Avenue, including the property now occupied by Cooper's Plumbing and Heating at 1238 Roosevelt Avenue (Applicant: Marwan Khaireddin) (Case File No. CUP-2002-21). (Planning) RECOMMENDATION: Staff recommended that the item be approved subject to attached findings and conditions of approval, including a five-year expiration date. TESTIMONY: Marwan Khaireddin, developer and owner, spoke in favor of the CUP. Bob Lozano, developer representative, spoke in favor of the CUP. Izzat Maizong, developer and owner, spoke in favor of the CUP. ACTION: Motion by Parra, seconded by Natividad, to close the hearing. Carried by unanimous vote. Motion by Parra, seconded by Inzunza, to approve the CUP. Motion failed by the following vote, to -wit: Ayes: Inzunza, Parra. Nays: Morrison, Natividad. Absent: Ungab. For the record; Councilman Ungab abstained because he previously acted on the CUP application as a Planning Commissioner. PUBLIC HEARING LOCAL COASTAL PROGRAM (405-5-1) 4. Public Hearing — Appeal of a Coastal Development Permit for a ready mix concrete production and distribution facility on the south side of the 900 block of Bay Marina Drive approximately 170 feet west of Marina Way (Applicant: Associated Ready Mixed Concrete, Inc.) (Case File Nos. CDP-2002-3 / IS-2002-5). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for denial of the Coastal Development Permit. TESTIMONY: None. Book 85/Page 25 2/4/03 PUBLIC HEARING (cont.) LOCAL COASTAL PROGRAM (405-5-1) ACTION: The applicant requested the hearing be continued. Motion by Inzunza, seconded by Morrison, to continue this item for sixty days. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison. Nays: Natividad. Absent: None. Abstain: Parra, Ungab. For the record, Vice Mayor Parra and Councilman Ungab abstained due to the fact that they both previously acted on the item as members of the Planning Commission. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 5 through 7 (Resolution Nos. 2003-19 through 2003-21), Item Nos. 8 through 9 (Warrant Registers), Item No. 10 (Claim for Damages), and Item No. 11 (Minutes of the Street Tree & Parkway Committee). Motion by Morrison, seconded by Natividad, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. CONTRACT (C2002-34) 5. Resolution No. 2003-19. 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 KIMBALL PARK PONY LEAGUE BALL FIELD IMPROVEMENTS. (ENGINEERING SPECIFICATION NO. 01-4)." (Engineering) ACTION: Adopted. See above. CONTRACT (C2002-41) 6. Resolution No. 2003-20. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY FIRE STATION NO. 34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT. (ENGINEERING SPECIFICATION NO. 02-8)." (Engineering) ACTION: Adopted. See above. Book 85/Page 26 2/4/03 CONSENT CALENDAR (cont.) CONTRACT (C2003-5) 7. Resolution No. 2003-21. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE AUTOMATIC EXTERNAL DEFIBRILLATOR PROGRAM AND JOINING PROJECT HEART BEAT; ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM CARDIAC SCIENCE AND AUTHORIZING THE PURCHASE OF EIGHT AUTOMATIC EXTERNAL DEFIBRILLATORS; AND ACCEPTING THE UNCONDITIONAL DONATION OF FIVE AUTOMATIC EXTERNAL DEFIBRILLATORS." (Risk Manager) ACTION: Adopted. See above. WARRANT REGISTER 2003 (202-1-18) 8. Warrant Register No. 29. Ratification of Demands in the amount of $1,135,280.96. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2003 (202-1-18) 9. Warrant Register No. 30. Ratification of Demands in the amount of $266,393.82. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-147) 10. Claim for Damages: Jessica Hicks (City Clerk) ACTION: Ratified. See above. STREET TREE & PARKWAY COMM ADMIN (101-2-2) 11. Minutes of Street Tree & Parkway Committee. (Parks & Recreation) ACTION: Ratified. See above. NON CONSENT RESOLUTIONS CONTRACT (C2003-2) 12. Resolution No. 2003-22. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HANSON SJH CONSTRUCTION FOR THE NATIONAL CITY STREET RESURFACING PROJECT. Book 85/Page 27 2/4/03 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2003-2) (ENGINEERING SPECIFICATION NO. 02-2)." (Public Works / Engineering) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Mayor Inzunza left during discussion on this item. Motion by Parra, seconded by Natividad, to approve the Resolution. Councilmember Natividad requested that the half - alley on 5th Street between Q and R Avenues be added, if possible, as a change order. Councilman Morrison inquired about streets numbered #8 and #12 in the staff report and requested they be given a second look. Carried by unanimous vote. Absent: Inzunza. COMMUNITY DEVELOPMENT COMM (406-2-9) 13. Resolution No. 2003-23. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AS CEQA RESPONSIBLE AGENCY FOR A RETAIL PROJECT PROPOSED BY WAL- MART REAL ESTATE BUSINESS TRUST." (Community Development Commission) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Some additional CEQA findings were entered as part of the record (Exhibit "A"), and requested to be included in the Resolution. Motion by Morrison, seconded by Ungab, to approve the Resolution with added findings. Carried by unanimous vote. Absent: Inzunza. A recess was called at 8:15 p.m. The meeting was reconvened at 8:26 p.m. All members were present. Book 85/Page 28 2/4/03 NEW BUSINESS EL TOYON PARK (702-6-1) 14. SUBJECT: Ratify Mayor's acceptance of playground equipment donated to the City of National City by Exxonmobile Chemical Co. (Parks & Recreation) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, to accept and approve CIP Project including indemnity agreement. Carried by unanimous vote. COMMUNITY CENTER (1101-5-1) 15. SUBJECT: Request for use of the Community Center for the Chicano Federation of San Diego County, Inc. and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: Gloria Madina, representing the Chinano Federation spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to approve the request, including a waiver of fees with the exception of the custodial fees. Carried by unanimous vote. COMMUNITY CENTER (1101-5-1) 16. SUBJECT: Request to use the Community Center by the California Association for Bilingual Education, and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Filed. No action taken. TEMPORARY USE PERMITS 2003 (203-1-19) 17. SUBJECT: Temporary Use Permit — True Buy Auto Sales — Temporary Trailer. (Building and Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval, and limit the duration to one year per Council Policy 704. Book 85/Page 29 2/4/03 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2003 (203-1-19) TESTIMONY: Ennis (no last name given), representing the applicant, spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to approve the request subject to conditions including one year limit. Staff was asked to take enforcement action against existing illegal trailers. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 18. SUBJECT: Temporary Use Permit — McCune Motors. (Building and Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve the request. Carried by unanimous vote. STAFF. No Report. Mayor Inzunza requested that in the future items from the Mayor and Council be listed under New Business. MAYOR AND CITY COUNCIL 19. SUBJECT: Discussion of Miss National City Pageant — Councilman Morrison. TESTIMONY: Former Miss National City Queens Sharone Duncan, Marla Mink, Shelly Zamudio and Margaret Minor addressed the Council and distributed written materials outlining the events surrounding the recent controversy with the pageant. ACTION: Motion by Parra, seconded by Morrison, to move forward as a team with a five volunteer committee with the pageant this year with and including Monica Liares, the 22nd Agricultural District and anyone else that wants to participate for the benefit of the girls of National City. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: Ungab. Absent: None. Abstain: None. Book 85/Page 30 2/4/03 MAYOR AND CITY COUNCIL Vice Mayor Parra, Councilman Morrison and Councilman Natividad all reported that the Saturday clean-up was a great success and thanked those who made it possible Councilman Natividad thanked Councilman Morrison for the updates he provides on SANDAG activities. Councilman Morrison responded to an earlier item regarding money spent for pizza. He reported that it was paid for by grant funds as a result of a year long program sponsored by the library. Councilman Ungab requested that Public Works consider an enhanced clean-up of the Community Center. CLOSED SESSIONS 1) PUBLIC EMPLOYMENT -Government Code Section 54957 Title: City Manager 2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION — Government Code Section 54956.9 (a) Medel v. City of National City; San Diego Superior Court Case No. GIC 773876 ACTION: Motion by Natividad, seconded by Morrison, to go into Closed Session. Carried by unanimous vote. Councilmembers left the Chamber at 9:36 p.m. ADJOURNMENT The meeting was adjourned in memory of Space Shuttle Columbia. Book 85/Page 31 2/4/03 The meeting was adjourned to the Regular Meeting to be held on February 18, 2003, at 6:00 p.m., Council Chambers, Civic Center. The foregoing minutes were approved at the Regular Meeting of February 18, 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. Exhibit "A" ADDITIONAL CEQA FINDINGS Pursuant to CEQA Guidelines §15091, the CDC finds that the following environmental impacts were analyzed in the focused Environmental Impact Report (EIR) (consisting of the draft focused EIR dated December 2002 and the final focused EIR dated February 2003 for the "Wal-Mart Project", collectively the FEIR) and found to be potentially significant, but could be reduced to less than significant levels through the implementation of appropriate mitigation measures. 1. Air Quality Impacts. The FEIR addressed the potential impacts of the proposed project on ambient air quality, and the exposure of people, especially sensitive individuals, to unhealthy air pollutant concentrations. Construction related air emission estimates were developed based on proposed construction activities and equipment. Operation related air emissions were based on vehicle trips, and on stationary emission sources planned for the proposed project. The criteria air pollutants of concern include ozone (03), carbon monoxide (CO), particulate matter (PM10), nitrogen oxides (NOx), and sulfur dioxides (SO2). Based upon the analysis in the FEIR, the proposed project would result in short-term impacts to air quality due to construction related air emissions. Construction of the proposed project would result in the temporary generation of emissions of NOx and PMIo, CO and 03 from construction related emissions such as construction equipment exhaust, construction employee vehicle exhaust, and dust from land clearing. The project will also have long term operational impacts as a result of vehicle trip generation to the project site and use of electricity and natural gas. 2 Mitigation. Changes or alterations in the form of mitigation measures have been incorporated into the project, which lessen significant environmental impacts to less than significant levels. Mitigation measures identified in the FEIR and the Mitigation Monitoring and Reporting Program (MMRP) are: i. Submission of a dust control plan to control fugitive dust during construction of the project; ii. Incorporation or structural related emission reducing technologies such as efficient electrical equipment; and, iii. Incorporation into the project's design of trip reduction measures that include bike racks, car pooling, employee ride sharing incentives to ride public transportation. Noise Impacts. The FEIR analyzed potential impacts to noise from the proposed project and contains a complete noise technical study attached as Appendix D to the FEIR. The FEIR and noise study analyzed both construction related noise impacts as well as noise impacts resulting from the project's operation. The FEIR analyzed the exterior noise environment, identified noise control measures to reduce the predicted noise impacts, and presented necessary mitigation measures to reduce potentially significant noise impacts to acceptable levels. The FEIR concluded that construction related activities associated with the transport of workers and equipment, as well as site preparation and construction would result in short term noise impacts that were potentially significant. The FEIR also concluded that there is a potentially significant noise impact to individuals residing near the project from truck deliveries and other loading dock operations conducted between 10:00 p.m. and 7:00 a.m. Mitigation. Changes or alterations have been incorporated into the project which avoid or substantially lessen the significant environmental effects. The mitigation measures identified in the FEIR and the MMRP include compliance with the National City Municipal Code limiting construction noise and timing of construction activities as well as institution of mechanical measures to reduce noise emissions from construction vehicles. Another mitigation measure to be implemented is the construction of a 14 foot high wall that will lessen operational noise impacts from truck delivery activities. 3. Transportation/Traffic Impacts: The FEIR analyzed impacts to various roadways and intersections surrounding the project site resulting from the proposed project. The FEIR also includes a comprehensive traffic study by Darnell & Associates included as Appendix E to the FEIR. The FEIR analyzed 18 key intersections in the vicinity of the project site to determine the extent of project related traffic impacts. The FEIR concluded that the project related traffic impacts will be less than significant. However, the traffic impacts from the proposed project are cumulatively considerable. The proposed project's contribution to increased congestion will result in significant traffic impacts by the year 2020. Mitigation. Changes or alterations have been incorporated into the project which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures. The FEIR and the MMRP identified various mitigation measures that will reduce the project -related traffic related impacts to a less than significant level. For mitigation of the cumulative effects of the proposed project, the project applicant shall be required to contribute to the City of National City, the CEQA responsible agency, its fair share for the construction of improvements that will mitigate cumulative traffic impacts to a less than significant level. ALTERNATIVES TO THE PROPOSED PROJECT. Pursuant to CEQA Guidelines § 15126.6, the FEIR included a discussion of alternatives to the proposed action. The FEIR examined three alternatives: (1) No Project/No Build Alternative; (2) No Project/Reasonably Foreseeable Future Use Of Site Alternative; and, 2 (3) Alternative Site Design Alternative. Alternative 1: No Project/No Building Alternative. Under the No Project/No Build Alternative, the proposed project would not be constructed and the project area would remain in its current vacant condition. Based upon the analysis in the FEIR, the CDC finds that the No Project/No Build Alternative is infeasible because it does not meet the project objectives, and would not provide the benefits of a commercial retail center or provide the beneficial social and economic aspects of the proposed project and would not meet the objectives of the removal of blight conditions or the increased economic viability of the Redevelopment Plan Project Area.. Alternative 2: No Project/Reasonably Foreseeable Future Use Of The Site Alternative. Under the No Project/Reasonably Foreseeable Future Use of the Site Alternative, the proposed commercial development would not be constructed, and the project area would be developed according to future predictable uses of the land. The project site is designated as general commercial in the City's General Plan and Zoning Ordinance. The Land Use/Zoning Designation for its high intensity commercial and complimentary development. A reasonably foreseeable future use would consist of a commercial retail development that is reduced in size as well as an administrative office complex. The CDC hereby finds that the No Project/Reasonably Foreseeable Development Alternative is infeasible because it would not achieve, to the same extent as the proposed project, the removal of blight conditions and the increased economic viability of the Redevelopment Plan Project Area. Alternative 4: Alternative Site Design Alternative. Under the Alternative Site Design Alternative, the proposed project would not be constructed and the project area would be developed as a Super K-Mart consisting of 179,466 square feet of commercial retail space, or similar sized big -box retail development, as was previously considered for this site. The Super K-Mart would provide significantly more commercial floor space than the proposed project (about 25% more). The City hereby fmds that the development of the Super K-Mart, or similar sized big -box retail development, would satisfy project objectives. However, this alternative, due to its larger size, would result in environmental impacts that would exceed that of the proposed project, and therefore the Alternative Site Design Alternative is infeasible. 3