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HomeMy WebLinkAbout2003 05-20 CC MINBook 85/Page 124 5/20/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 20, 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: Condon, Dalla, Diaz, Eiser, Hunter, Kirkpatrick, Morse, Post, Short. Pledge of Allegiance to the flag led by Mayor Nick Inzunza, followed by the Invocation by Wendy Dorsi. APPROVAL OF MINUTES Motion by Parra, seconded by Morrison, the Minutes of the Regular Meeting of May 6, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Daryl Gorham, National City, expressed his displeasure with comments made by the Mayor in the newspaper and with the use of city vehicles. Edith Hughes, President of the Maytime Band Review Corporation and CEO of the Chamber of Commerce, expressed appreciation to the Mayor and Council for their participation in the Maytime Band Review and for the hard work and efforts of the city staff. Mrs. Hughes invited the Mayor, Council and staff to attend the Grand Opening of the new Chamber of Commerce office facility on Wednesday, May 30, 2003. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) Employee of the Month Program. Alison Hunter, Finance Services Officer, introduced Ray Crawford, Parking Regulations Officer, as the employee of the Month for May 2003. PRESENTATIONS (cont.) Mayor Inzunza introduced Ariana Finnell from Sweetwater High School, who was selected by the student body to be the student representative to the City Council. Ms. Finnell was sworn in by the City Clerk. PROCLAMATION (102-2-1) A Proclamation proclaiming May 15, 2003 to be "San Diego Ad Club's Hispanic Marketing Council Day." Book 85/Page 125 5/20/03 A Proclamation proclaiming the week of May 18-24, 2003 to be "National Public Works Week." PUBLIC HEARINGS CONDITIONAL USE PERMIT 2003 (403-18-1) 1. Public Hearing — Conditional Use Permit for a wireless communications facility at the Thrifty -Wash Laundromat at 2415 E. 18th Street, with a variance to allow construction within the required front and side yard setbacks (Applicant: Cingular Wireless) (Case File No. CUP-2002-13/Z-2003-3). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission to approve the CUP and Zone Variance. TESTIMONY: Darrell Daugherty, representing Cingular Wireless, spoke in favor of the CUP. Bob Kroek, San Diego, the property owner, spoke in favor. Sharon Johnson, National City, spoke in opposition. Walter Brinker, the business owner, spoke in favor. ACTION: Motion by Parra, seconded by Inzunza, to approve. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad. Absent: None. Abstain: Ungab. Note: Councilman Ungab stated that he would be abstaining on the issue because he is employed by the phone company SBC. CONDITIONAL USE PERMIT 2003 (403-18-1) 2. Public Hearing — Conditional Use Permit for the sale of beer and wine at Pat & Oscar's Restaurant at Plaza Bonita (Applicant: Pat & Oscar's) (Case File No. CUP-2003-6). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission to approve the application. Book 85/Page 126 5/20/03 PUBLIC HEARINGS (cont.) CONDITIONAL USE PERMIT 2003 (403-18-1) TESTIMONY: Dana Richardson, representing Partners for Prevention, recommended conditions be added prior to approval. Frank Lopez, representing ATOD, supported added conditions prior to approval. James Kuykendall, Bonita, supported added conditions. James Marcelino, South Bay Partnership, supported added conditions. Scott Hayes, representing Pat & Oscars, expressed a willingness to work with community and spoke in favor of the CUP. ACTION: Motion by Morrison, seconded by Parra, to approve with the following added conditions: a) no self-service or over ice displays; b) no promotion of alcohol sales; c) no sale of fortified beverages or malt liquors; alcohol sales be on -site only and not provided with catering; d) alcohol only be sold in conjunction with food sales; and e) the CUP have a 2-year sunset provision. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. CONTRACT (C90-26) 3. Public Hearing — To consider a rate increase request for Edco Disposal Corporation. (Public Works) Refer to Item No. 9 RECOMMENDATION: None. TESTIMONY: None. ACTION: No action was taken. Related Item No. 9 was considered later in the meeting. PARKING DISTRICT ADMIN (801-1-1) 4. Public Hearing — On expanding and/or decreasing the Residential Permit Parking District "A" located on "A," "B," "C," "D" Avenues and 22nd Street. (Councilman Morrison). (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: Leonel Guzman, supported changes made to improve the district. Book 85/Page 127 5/20/03 PUBLIC HEARINGS (cont.) PARKING DISTRICT ADMIN (801-1-1) Hilda Osuna, supported changes made to the posted hours. Bertha Bernal, supported changes to the posted hours. Arcelia Conchas, supported changes to improve the situation. Josefina Valdez, spoke about problems that exist in area. Adela Pureco, supported taking down signs or changing the posted hours. Juana Mejia, supported changing the hours and increasing the lighting. Sam Gonzales, supported taking down the signs and expanding the district. Ramon Rodriguez, supported improvements for the safety of children and installation of stop signs. Ernesto Lozano, supported expanding the district and leaving the signs as is. ACTION: Motion by Morrison, seconded by Parra, to remove the signs on 22°d Street except for the house on the end; expand the district on B and C Avenues to 20th Street; change the beginning hour to 8 a.m. and the district to be active seven days per week. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 5 (Resolution No. 2003-63), Item No. 6 and 7 (Warrant Registers), and Item No. 8 (Consolidated Cash and Investment Report). Motion by Morrison, seconded by Inzunza, the Consent Calendar be approved. Carried by unanimous vote. ENCROACHMENT AGMT ADMIN (903-14-1) 5. Resolution No. 2003-63. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH EXXON MOBIL OIL CORPORATION FOR INSTALLATION OF ONE GROUNDWATER MONITORING WELL AT 10 OSBORN STREET, ALONG OSBORN STREET, SOUTH OF DIVISION STREET." (Engineering) ACTION: Adopted. See above. Book 85/Page 128 5/20/03 CONSENT CALENDAR (cont.) WARRANT REGISTER 2003 (202-1-18) 6. Warrant Register No. 44. Ratification of Demands in the amount of $221,723.30. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2003 (202-1-18) 7. Warrant Register No. 45. Ratification of Demands in the amount of $877,061.25. (Finance) ACTION: Ratified. See above. FINANCIAL MANAGEMENT 2003 (204-1-18) 8. Consolidated Cash and Investment Report as of March 31, 2003. (Finance) ACTION: Accepted and filed. See above. NON CONSENT RESOLUTIONS CONTRACT (C90-26) 9. Resolution No. 2003-64. 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 AND EDCO DISPOSAL CORPORATION FOR COLLECTION OF RUBBISH AND TRASH, AND APPROVING A TRASH SERVICE RATE INCREASE." (Public Works) Refer to Item No. 3 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to adopt the Resolution. Carried by the unanimous vote. COMMUNITY DEVELOPMENT COMMISSION ADMIN (406-2-9) 10. Resolution No. 2003-65. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPOINTMENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") BOARD TO ACT AS THE RELOCATION APPEALS BOARD." (Community Development Commission) RECOMMENDATION: Staff recommended approval. Book 85/Page 129 5/20/03 NON CONSENT RESOLUTIONS (cont.) COMMUNITY DEVELOPMENT COMMISSION ADMIN (406-2-9) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt the Resolution. Carried by the unanimous vote. NC TRANSIT / PARATRANSIT PLAN (805-1-4) 11. Resolution No. 2003-66. 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) Continued from the May 6, 2003 Council Meeting. RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Natividad, to continue the item for 30 days. Carried by the unanimous vote. ORDINANCES FOR INTRODUCTION Motion by Morrison, seconded by Parra, the Ordinances be introduced by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-18) 12. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.38 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS." (City Attorney) 13. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO BUSINESS AND FRANCHISE TAXES BY AMENDING CHAPTERS 6.04 (BUSINESS TAXES) AND 6.20 (RESIDENTIAL RENTAL TAXES), RECODIFYING AND RENUMBERING CHAPTER 6.70 INTO TITLE 4 AS CHAPTER 4.50 RELATING TO BUILDING CONSTRUCTION FEES, AND REPEALING CHAPTERS 6.14 Book 85/Page 130 5/20/03 ORDINANCES FOR INTRODUCTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-18) (ADULT MOVIES AND BOOKSTORES), 6.18 (AMUSEMENT ARCADES), 6.22 (AUCTIONS AND AUCTIONEERS), 6.24 (BOWLING ALLEYS), 6.30 (DANCE HALLS), 6.34 (DELIVERY SERVICES), 6.44 (GOING OUT OF BUSINESS SALES), 6.54 (PAWN BROKERS), 6.60 (SWAPMEETS), 6.62 (MOBILE HOME PARKS), 6.64 (MOBILE AMUSEMENT VEHICLES), 6.66 (MOBILE SEARCHLIGHT ADVERTISING), 6.68 (TOWING SERVICES), 6.73 (VIDEO MACHINES), AND AMENDING TITLE 10, BY ADDING CHAPTER 10.57 REGULATING SWAPMEETS." ORDINANCE FOR ADOPTION Motion by Morrison, seconded by Parra, the Ordinances be adopted by title only. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-18) 14. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING PORTIONS OF CHAPTER 3.08 OF THE NATIONAL CITY MUNICIPAL CODE, ENTITLED 'ADMINISTRATION.'" RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt Ordinance No. 2003-2221. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMIT 2003 (403-18-1) 15. SUBJECT: Notice of Decision — Conditional Use Permit for a church at 3403 Plaza Boulevard, Suites J and K, in the Plaza East Shopping Center (Applicant: Ark Christian Fellowship) (Case File No.: CUP-2003-7). (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 85/Page 131 5/20/03 NEW BUSINESS (cont.) CONDITIONAL USE PERMIT 2003 (403-18-1) 16. SUBJECT: Notice of Decision — Conditional Use Permit for a wireless communications facility inside the South Bay Plaza Monument sign along Highland Avenue approximately 170 feet south of Plaza Boulevard (Applicant: Sprint Assets PCS LLC) (Case File No.: CUP-2002-24). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to file. Carried by unanimous vote. STAFF Acting City Manager Park Morse advised the Council that June 10th is the tentative date for one of the budget meetings. MAYOR AND CITY COUNCIL Councilman Natividad suggested that the two Council volunteers be introduced at the next meeting. Councilman Morrison reported on continuing meetings in Sacramento on the state budget crisis and the potential revenue loss to the city. Vice Mayor Parra congratulated Veronica Serrano on her position as coordinator of the neighborhood council project. ADJOURNMENT Motion by Inzunza, seconded by Parra, the meeting be adjourned to the Next Regular Meeting of the City Council to be held on June 3, 2003, at 6:00 p.m., Council Chambers, Civic Center. Book 85/Page 132 5/20/03 The meeting closed at 7:25 p.m. The foregoing minutes were approved at the Regular Meeting of June 3, 2003. r AYOR 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.