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HomeMy WebLinkAbout2003 05-06 CC MINBook 85/Page 111 5/6/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 6, 2003 The Regular Meeting of the City Council of the City of National City was called to order at 6:00 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Dalla, Diaz, DiCerchio, Eiser, Hodges, Kossyta, Matienzo, Morse, Myers, Pauu, Post, Trees. Pledge of Allegiance to the flag led by Mayor Nick Inzunza, followed by the Invocation by Nario Idos. APPROVAL OF MINUTES Motion by Parra, seconded by Ungab, the Minutes of the Regular Meeting of April 15, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Lisa Hernandez, National City, spoke in support of Proposition L and urged the Council to carry through on the wishes of the people. Linda Hanks, spoke in support of Proposition L. Randall Triviz, Vice President of the National City Police Officers Association (POA), addressed the POA proposal to raise the qualifications required for ranks of Sergeant, Lieutenant and Captain. Carol Jennings and Jill Padilla, National City, expressed their belief that there is selective parking enforcement being practiced by the City. Book 85/Page 112 5/6/03 PRESENTATIONS PERSONNEL RECOGNITION (604-2-1) Who is "Accessible San Diego" and what can we do for National City — Myron Ross, Public Relations / Marketing. Recognition of Regional Winners of the Hispanic Heritage Youth Awards 1) Viridiana Enriquez — Gold Medallion — Academic Excellence — Sweetwater High School. 2) Juan D. Ochoa — Gold Medallion — Leadership & Community Service — Sweetwater High School. PROCLAMATION (102-2-1) A Proclamation proclaiming May 7, 2003 as "Peace Officers" Memorial Day," was read by Mayor Inzunza. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 1 through 10 (Resolution Nos. 2003-51 and 2003-60), Item No. 11 (Bilingual Translation Services at City Council Meetings), Item Nos. 12 through 14 (Warrant Registers), Item Nos. 15 and 16 (Consolidated Cash and Investment Report), and Item Nos. 17 and 18 (Claim for Damages). Motion by Natividad, seconded by Parra, Item Nos. 8 and 10 be pulled, the remainder of the Consent Calendar be approved, and the Claims for Damages be denied. Carried by unanimous vote. CONTRACT (C2003-13) 1. Resolution No. 2003-51. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RJA MANAGEMENT SERVICES, INC. TO PERFORM EXECUTIVE SEARCH SERVICES FOR THE CITY COUNCIL." (City Manager) ACTION: Adopted. See above. Note: Mayor Inzunza designated himself and Councilman Morrison as a subcommittee to work with RJA and make recommendations to the City Council. Book 85/Page 113 5/6/03 CONSENT CALENDAR (cont.) CONTRACT (C2003-14) 2. Resolution No. 2003-52. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KOFF & ASSOCIATES, INC. TO PERFORM COMPENSATION STUDY SERVICES." (City Manager) ACTION: Adopted. See above. CONTRACT (C2002-27) 3. Resolution No. 2003-53. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT RENEWAL WITH DAY WIRELESS SYSTEMS FOR MAINI'hNANCE OF THE POLICE DEPARTMENT'S 800 MHZ COMMUNICATION SYSTEM." (Police) ACTION: Adopted. See above. CONTRACT (C2003-15) 4. Resolution No. 2003-54. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH SWEETWATER AUTHORITY TO INSTALL AN 800-FOOT DEEP GROUNDWATER MONITORING TEST WELL AT EL TOYON PARK." (Public Works/Engineering) ACTION: Adopted. See above. PARKING ADMIN 2003 (801-2-23) 5. Resolution No. 2003-55. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 705 HARBISON AVENUE. (PALLO, TSC ITEM NO. 2003-17)." (Engineering) ACTION: Adopted. See above. Book 85/Page 114 5/6/03 CONSENT CALENDAR (cont.) PARKING ADMIN 2003 (801-2-23) 6. Resolution No. 2003-56. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 133 WEST 8TH STREET. (ARCO AND JACK-IN-THE-BOX, TSC ITEM NO. 2003-18)." (Engineering) ACTION: Adopted. See above. DEEDS AND EASEMENTS (D2003-3) 7. Resolution No. 2003-57. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH CONOCOPHILLIPS FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 1539 EAST 8TH STREET ALONG EAST 8TH STREET WEST OF PALM AVENUE." (Public Works/Engineering) ACTION: Adopted. See above. NC TRANSIT / PARATRANSIT PLAN (805-1-4) 8. Resolution No. 2003-58. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS." (Police) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to continue to next meeting. Carried by unanimous vote. REVENUE AND TAXATION ADMIN (205-2-1) 9. Resolution No. 2003-59. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2003-2004; THE ISSUANCE AND SALE OF 2003-2004 Book 85/Page 115 5/6/03 CONSENT CALENDAR (cont.) REVENUE AND TAXATION ADMIN (205-2-1) TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM." (Finance) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2003 (403-18-1) 10. Resolution No. 2003-60. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 NORTH HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER (APPLICANT: ANDY HANNA. CASE FILE NO. CUP-2003-1)." (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: This item was approved with the Consent Calendar. Councilman Natividad later requested that it be reconsidered. Motion by Morrison, seconded by Parra, to reconsider. Carried by unanimous vote. Motion by Inzunza, seconded by Morrison, to approve. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. CITY COUNCIL ADMIN (102-16-1) 11. SUBJECT: Bilingual Translation Services at City Council Meetings — Temporary Trial Review. (City Manager) ACTION: Motion by Ungab, seconded by Inzunza, that we continue with our translator that we have currently until we find the one that we want permanently. Maker and seconded agreed to amend the motion to include that, we give direction to staff to look into bilingual translation services in both Spanish and Tagolog. Mayor Inzunza clarified the amendment to be, the motion was to accept the report of Item No. 11 and give direction to staff to come back to us with proposals for translation services in both Spanish and Tagolog and to do so at budget time and at the same time to temporarily Book 85/Page 116 5/6/03 CONSENT CALENDAR (cont.) CITY COUNCIL ADMIN (102-16-1) continue translation services with which we have so agreed. Mayor Inzunza, with the concurrence of the maker of the motion further clarified the motion, that we authorize staff to go ahead and compensate our translator for what they feel is a responsible amount. Carried by unanimous vote. WARRANT REGISTER 2003 (202-1-18) 12. Warrant Register No. 41. Ratification of Demands in the amount of $1,295,619.18. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2003 (202-1-18) 13. Warrant Register No. 42. Ratification of Demands in the amount of $299,417.24. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2003 (202-1-18) 14. Warrant Register No. 43. Ratification of Demands in the amount of $1,236,008.55. (Finance) ACTION: Ratified. See above. FINANCIAL MANAGEMENT 2003 (204-1-18) 15. Consolidated Cash and Investment Report as of January 30, 2003. (Finance) ACTION: Accepted and filed. See above. FINANCIAL MANAGEMENT 2003 (204-1-18) 16. Consolidated Cash and Investment Report as of February 28, 2003. (Finance) ACTION: Accepted and filed. See above. CLAIMS (501-1-147) 17. Claim for Damages — James Stever (City Clerk) ACTION: Denied. See above. Book 85/Page 117 5/6/03 CONSENT CALENDAR (cont.) CLAIMS (501-1-147) 18. Claim for Damages — Analilia Mino (City Clerk) ACTION: Denied. See above. NON CONSENT RESOLUTIONS COMM DEV HOME INVEST (406-2-4) COMM DEV ADMIN (406-2-9) BLOCK GRANT PROG ADMIN (406-1-18) 19. Resolution No. 2003-61. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2003-2003 ANNUAL PLAN INCLUDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS. (Community Development Commission) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Inzunza, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. A request was made to add an item to the agenda. ACTION: Motion by Morrison, seconded by Parra, to add an Ordinance for introduction as Item 20A. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION Motion by Morrison, seconded by Inzunza, the Ordinances be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-18) 20. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCORPORATING BY REFERENCE SECTIONS 61.212 THROUGH 61.256 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES, PERTAINING TO WHOLESALE FOOD WAREHOUSES." (Building & Safety) Book 85/Page 118 5/6/03 ORDINANCE FOR INTRODUCTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-18) 20A. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING PORTIONS OF CHAP I LR 3.08 OF THE NATIONAL CITY MUNICIPAL CODE, ENTITLED `ADMINISTRATION' ." WRITTEN COMMUNICATION PUBLIC REQUEST ADMIN (102-1-1) 21. SUBJECT: Letter from Mary Hernandez regarding Terry Hanks. RECOMMENDATION: None. TESTIMONY: None. ACTION: Filed. Mayor Inzunza requested that on future agendas, to the extent possible, TUP applications be placed on the Consent Calendar. NEW BUSINESS DONATION OF EQUIPMENT (SURPLUS) 209-1-3) 22. SUBJECT: Report regarding donation of surplus property to local non-profit "501C3" organizations. (Purchasing) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, that Council be given prior notice of all available surplus items prior to auction and that any item requested for donation to a local non- profit '501 C3' organization come before the full Council for a vote. Carried by unanimous vote. LAND USE CODE AMENDS ADMIN (209-1-3) 23. SUBJECT: Report on Code Regulations regarding the sale of alcohol. (Planning) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, to direct staff to come back with a list of all alcohol licenses including name and address of owners and those with CUP / Sunset Book 85/Page 119 5/6/03 NEW BUSINESS (cont.) LAND USE CODE AMENDS ADMIN (209-1-3) Clauses, etc.; to review all the codes and regulations that apply; and Mayor Inzunza and Councilmember Morrison to be subcommittee to review. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 24. SUBJECT: Request to use the Martin Luther King, Jr. Community Center by the Girl Scouts and waiver of fees. (Public Works) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve the request including waiver of fees. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. TEMPORARY USE PERMITS 2003 (203-1-19) 25. SUBJECT: Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) RECOMMENDATION: Staff recommended to approve the Application for a 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. TEMPORARY USE PERMITS 2003 (203-1-19) 26. SUBJECT: Temporary Use Permit — McCune Motors Used Vehicle Tent Sale. (Building & Safety) RECOMMENDATION: Staff recommended to approve the Application for a TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Natividad, to approve the request. Carried by unanimous vote. Book 85/Page 120 5/6/03 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2003 (203-1-19) 27. SUBJECT: Temporary Use Permit — Office of Assembly member Juan Vargas — Child Safety Day. (Building & Safety) RECOMMENDATION: Staff recommended to approve the Application for a TUP subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Natividad, to approve the request including waiver of fees. Carried by unanimous vote. CONDITIONAL USE PERMITS 2003 (403-18-1) 28. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communications facility at El Toyon Park, at 2005 E. 4th Street (Applicant: Cingular Wireless) (Case File No.: CUP-2003-5). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. NOTE: Councilman Ungab stated that he would be abstaining on the issue because he is employed by the phone company SBC. TESTIMONY: Rita Heuss, National City, encouraged the Council to set aside some of the revenue from any approved CUP for increased park security. Fideles Ungab, addressed the City Council as a private citizen, spoke in favor of using some of the revenues generated for park security purposes. ACTION: Motion by Morrison, seconded by Parra, to file decision and when staff returns with contract, they include a report on the cost for park security. Maker amended (bifurcated) the motion, to file the Notice of Decision. Second did not agree. Motion seconded by Inzunza, to file decision. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad. Absent: None. Abstain: Ungab. Motion by Morrison, seconded by Inzunza, that when the contract comes back to us that staff had prepared what the Book 85/Page 121 5/6/03 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2003 (403-18-1) financial security needs are and that that information be given to us at that time and that staff come back with additional information on all revenue from all towers in the City. Carried by unanimous vote. STAFF. No Report. MAYOR AND CITY COUNCIL Councilman Natividad expressed his desire to have a letter sent by the City to encourage a settlement in the labor negotiations involving janitors. ACTION: Motion by Natividad, seconded by Inzunza, to bring the item on the agenda under the criterion of urgency. Carried by the following vote, to wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. Motion by Natividad, seconded by Inzunza, that this body go on record and send a letter to both parties (Westfield and the Union) to encourage them to settle their contract. Carried by the following vote, to wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. Councilman Morrison reported that National City was one of only four cities in the State to receive the top award (platinum) from the American Lung Association for creating a `smoke free environment.' Mr. Morrison presented the award to Mayor Inzunza. Councilman Morrison recommended that the City designate a voting delegate to a special meeting of the League of California Cities in Sacramento. Motion by Natividad, seconded by Parra, that Councilman Morrison attend the meeting on behalf of the City as a voting delegate. Councilman Morrison requested that the agenda book with backup that was placed in the lobby at City Council direction be returned. Book 85/Page 122 5/6/03 MAYOR AND CITY COUNCIL (cont.) Mayor Inzunza recognized students from Sweetwater High School who were in attendance at the meeting. CLOSED SESSION Public Employee -Government Code Section 54957 Title: Acting City Manager Conference with Legal Counsel -Existing Litigation — Government Code Section 54956.9 (a) Cecilia Morales and Carlos Sotelo v. City of National City; United Stat4es District Court Case No. 02cv1723IEG(LSP). ACTION: Motion by Morrison, seconded by Inzunza, to go into Closed Session. Carried by unanimous vote. Councilmembers left the Chamber at 8:03 p.m. Councilmembers reconvened at 8:43 p.m. All members were present. City Attorney reported that the Council took action on the first Closed Session Item to hire Park Morse as Acting City Manager, and introduced Resolution No. 2003-62. Resolution No. 2003-62. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPOINTING PARK MORSE TO THE POSITION OF ACTING CITY MANAGER." (City Manager) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Natividad, to adopt Resolution No. 2003-62. Carried by unanimous vote. Councilman Natividad stated his desire to go on record that he would not be attending the second docketed Closed Session Item because the attorney for Ms. Morales and Mr. Sotelo is a friend. Book 85/Page 123 5/6/03 CLOSED SESSION (cont.) Mayor Inzunza stated that he would not be attending the Closed Session because he has a close relationship with the attorney's representing Ms. Morales and Mr. Sotelo. Motion by Councilman Natividad, seconded by Vice Mayor Parra, to go into Closed Session. Carried by unanimous vote. Members left the chamber at 8:45 p.m. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council to be held on May 20, 2003, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 9:08 p.m. The foregoing minutes were approved at the Regular Meeting of May 20, 2003. YOR 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.