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HomeMy WebLinkAbout2003 06-17 CC MINBook 85/Page 143 6/17/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 17, 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: Campbell, Condon, Dalla, Diaz, Eiser, Morse, Myers, Post, Short, Trees. Pledge of Allegiance to the flag led by Mayor Nick Inzunza, followed by the Invocation by Vice Mayor Parra. APPROVAL OF MINUTES Motion by Parra, seconded by Inzunza, the Minutes of the Regular Meeting of June 3, 2003, be approved. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: None. Abstain: Morrison. PUBLIC ORAL COMMUNICATIONS Farez Odeesh, National City, complained about illegal pushcarts. Councilman Natividad was appointed by the Mayor to look into pushcart regulations. Randy Jacobs, National City, commended Police Officer Steve Shephard for a job well done. PUBLIC HEARING SPECIFIC PLAN ADMIN (417-1-1) 1. Public Hearing — Specific Plan Amendment and tentative map for 120 detached condominium units on the south side of Sweetwater Road, east of Plaza Bonita (Applicant: Concordia Communities, LLC) (Case File No.: M2-SP-1-88/S-2003-2). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission to approve the application. Book 85/Page 144 6/17/03 PUBLIC HEARING (cont.) SPECIFIC PLAN ADMIN (417-1-1) TESTIMONY: Manuel Nieto, property owner, was present to respond to questions. ACTION: Motion by Parra, seconded by Natividad, to close the hearing. Carried by unanimous vote. Motion by Parra, seconded by Natividad, to approve the Planning Commission's findings, recommendations and conditions of approval for the Specific Plan and tentative subdivision map. Carried by unanimous vote. SEWER CAPACITY / FEES ADMIN (906-1-4) 2. Public Hearing to consider a sewer rate change in each of the next three Fiscal Years 2004, 2005, 2006, and authorize the Public Works/Engineering Department to place sewer billing on the property tax rolls. (Public Works/Engineering) Refer to Item Nos. 21 and 22 RECOMMENDATION: Hold the hearing, adopt the three-year Clean Water rate case and convert to tax roll billing system for 2003- 2004. TESTIMONY: Karen Keith, representing PBS&J, the City's consultant, gave a slide presentation to demonstrate the need and justification for a change in rates and billing practices. Georgia Guarano, National City, spoke against the rate change. Randy Jacobs, National City, spoke against the rate change. Marilyn Mason, National City, spoke against the rate change. Maria Meisenburg, National City, spoke against the rate change. Andres Enciso, National City, spoke against the rate change. Linda Aguirre, National City, spoke against the rate change. ACTION: Motion by Parra, seconded by Inzunza, to move our billing over to the tax rolls. Maker and second agreed to modify the motion to add, that the City will aggressively pursue bad debt and any such debt be set aside for a possible life -line program. Carried by unanimous vote. Motion by Inzunza, seconded by Parra, to continue the hearing for two weeks and have a workshop on June 24th. Maker and second agreed to amend the motion to have the workshop in two weeks. Carried by unanimous vote. Book 85/Page 145 6/17/03 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Ordinance Introduction and Adoption), Item Nos. 4 through 13 (Resolution No. 2003- 76 through 2003-85), Item Nos. 14 through 16 (Warrant Registers), Item No. 17 (Claims), and Item No. 18 (Request to use Engine #923). Motion by Natividad, seconded by Ungab, Item Nos. 4, 5, 14, and 15 be pulled, the remainder of the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 3. SUBJECT: Ordinance Introduction and Adoption. (City Clerk) ACTION: Adopted. See above. COUNCIL POLICY MANUAL (102-13-1) 4. Resolution No. 2003-76. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CITY COUNCIL POLICY REGARDING THE "DONATION OF SURPLUS PROPERTY AND POLICE DEPARTMENT UNCLAIMED PROPERTY." (Purchasing) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve the Resolution. Carried by unanimous vote. CONTRACT (C2003-19) 5. Resolution No. 2003-77. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL/AUTOMATIC AID AGREEMENT FOR EMT -PARAMEDIC SERVICES BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF SAN DIEGO." (Fire) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. Book 85/Page 146 6/17/03 CONSENT CALENDAR (cont.) TRANSPORTATION DEV / PLANNING ADM (802-3-1) 6. Resolution No. 2003-78. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING THE COUNTY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT SECTION 65089." (Public Works/Engineering) ACTION: Adopted. See above. ELECTION MAR 2003 / LIBRARY BOND MEASURE (505-14-1) 7. Resolution No. 2003-79. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 2 AND 5 OF RESOLUTION NO. 2002-76." (Public Works/Engineering) ACTION: Adopted. See above. COMM DEV / LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 8. Resolution No. 2003-80. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING THEREON." (Community Development Commission) ACTION: Adopted. See above. COMM DEV / LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 9. Resolution No. 2003-81. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S `REPORT' FOR A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) ACTION: Adopted. See above. Book 85/Page 147 6/17/03 CONSENT CALENDAR (cont.) COMM DEV / LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 10. Resolution No. 2003-82. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) ACTION: Adopted. See above. SUBDIVISION ADMIN (415-1-1) 11. Resolution No. 2003-83. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD 8TH STREET AND `N' AVENUE SUBDIVISION (S-2002-2)." (Engineering) ACTION: Adopted. See above. SUBDIVISION ADMIN (415-1-1) 12. Resolution No. 2003-84. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD 7TH STREET AND `Q' AVENUE SUBDIVISION (S-2002-1)." (Engineering) ACTION: Adopted. See above. STREET VACATION ADMIN (902-26-1) 13. Resolution No. 2003-85. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A 380-FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET. APPLICANT: COMMUNITY DEVELOPMENT COMMISSION. (CASE FILE NOS.: SC-2003-1/CDP-2003-4)." (Planning) ACTION: Adopted. See above. WARRANT REGISTER 2003 (202-1-18) 14. Warrant Register No. 47. Ratification of Demands in the amount of $2,124,833.88. (Finance) RECOMMENDATION: Staff recommended the warrants be ratified. Book 85/Page 148 6/17/03 CONSENT CALENDAR (cont.) WARRANT REGISTER 2003 (202-1-18) TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to ratify. Carried by unanimous vote. WARRANT REGISTER 2003 (202-1-18) 15. Warrant Register No. 48. Ratification of Demands in the amount of $227,443.12. (Finance) RECOMMENDATION: Staff recommended the warrants be ratified. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, to ratify. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. WARRANT REGISTER 2003 (202-1-18) 16. Warrant Register No. 49. Ratification of Demands in the amount of $1,311,177.83. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-147) 17. SUBJECT: Claim for Damages: Matthew Ostrom. (City Clerk) ACTION: Denied. See above. COMMUNITY PROMOTION (102-1-3) 18. SUBJECT: Request to use Engine #923 for use in "Welcome Home for the Troops" event. ACTION: Approved. See above. NON CONSENT RESOLUTIONS CONTRACT (C2003-20) 19. Resolution No. 2003-86. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE NATIONAL CITY CONCERT BAND FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK." (Parks & Recreation) Book 85/Page 149 6/17/03 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2003-20) RECOMMENDATION: City Attorney Eiser recommended the Resolution be held over until a copy of the contract is available for review. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to hold over this item and to approve Program Proposal Number Two. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra. Nays: Morrison, Ungab. Absent: None. Abstain: None. COMMUNITY PROMOTION (102-1-3) 20. Resolution No. 2003-87. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING POLICIES TO ENCOURAGE INVESTMENT IN LOCAL TELECOMMUNICATIONS SERVICES IN CALIFORNIA AND NATIONAL CITY, AND INVESTMENT IN LOCAL COMMUNITIES AND INCREASED EMPLOYMENT OPPORTUNITIES." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: Ungab. Councilman Ungab abstained due to his employment with the telephone company. ORDINANCES FOR INTRODUCTION By previous action under the Consent Calendar, on a Motion by Parra, seconded by Inzunza, and unanimously approved, the Council adopted a motion to waive reading of the text of all Ordinances and that all Ordinances shall be introduced and/or adopted after a reading of only the title. NATIONAL CITY MUNICIPAL CODE (506-2-18) 21. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING SEWER SERVICE CHARGES FOR FISCAL YEARS 2003-2004, 2004-2005, AND 2005-2006, ELECTING TO HAVE SEWER SERVICE CHARGES Book 85/Page 150 6/17/03 ORDINANCES FOR INTRODUCTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-18) COLLECTED ON THE TAX ROLL, AND ADDING SECTION 14.04.075 TO THE NATIONAL CITY MUNICIPAL CODE." (Public Works/Engineering) Refer to Item Nos. 2 and 22 City Attorney Eiser introduced the following Ordinance for first reading as modified by the City Council. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ELECTING TO HAVE SEWER SERVICE CHARGES COLLECTED ON THE TAX ROLL, AND ADDING SECTION 14.04.075 TO THE NATIONAL CITY MUNICIPAL CODE." RECOMMENDATION: Introduce the Ordinance for first reading. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, to continue Item No. 21 for two weeks. Carried by unanimous vote. NEW BUSINESS CONTRACT (C2003-21) 22. Resolution No. 2003-88. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH PBS&J TO CREA 1'E A DATABASE THAT WILL BE USED TO CONVERT SEWER BILLING TO THE TAX ROLLS." (Public Works/Engineering) Refer to Item Nos. 2 and 21 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. CONDITIONAL USE PERMIT 2003 (403-18-1) 23. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a charter school (K-6) at 125 Palm Avenue (Applicant: Integrity Charter School) (Case File No.: CUP- 2003-11). (Planning) Book 85/Page 151 6/17/03 NEW BUSINESS (cont.) CONDITIONAL USE PERMIT 2003 (403-18-1) 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 Inzunza, to accept and file. Carried by unanimous vote. STREET SIGNS ADMIN (903-12-1) 24. SUBJECT: An appeal to the City Council for three-way signs at the intersection of 24t1i Street and Lanoitan Avenue (J. Grier). (Public Works/Engineering) RECOMMENDATION: Staff concurred with the decision of the Traffic Safety Committee to deny the request based on the State's warrants that were not met. TESTIMONY: James Grier, National City, spoke in favor of the appeal. Tony Romo, Lincoln Acres, spoke in favor of the appeal. ACTION: Motion by Parra, seconded by Inzunza, to approve the stop signs at the intersection. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (1101-5-1) 25. SUBJECT: Request to use the Martin Luther King, Jr. Community Center by Ron Baker Chevrolet/Isuzu dealership. (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-15) 26. SUBJECT: Temporary Use Permit — Sweetwater High School - Graduation Fireworks Display. (Building & Safety) RECOMMENDATION: Staff recommended to approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the request for a waiver of the processing fees. Book 85/Page 152 6/17/03 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2003 (203-1-15) TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-15) 27. SUBJECT: Temporary Use Permit — Lions Club — 4th of July Celebration. (Building & Safety) RECOMMENDATION: Staff recommended to approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the request for a waiver of all fees and costs from Public Works, Fire, and Parks & Recreation totaling $5071, but not the $9,898 in Police overtime fees. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to approve the request. Motion failed by the following vote, to - wit: Ayes: Morrison, Inzunza. Nays: Natividad, Parra, Ungab. Motion by Parra, seconded by Inzunza, to approve the TUP and waive all fees including $9,898 for police overtime. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-15) 28. SUBJECT: Temporary Use Permit — Advantage Auto Group —Used Car Tent Sale (Building & Safety) RECOMMENDATION: Staff recommended to approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, to approve the request. Carried by unanimous vote. STAFF. No Report. Book 85/Page 153 6/17/03 MAYOR AND CITY COUNCIL Councilman Morrison commented on the very successful neighborhood clean-up that concluded on Saturday. Mr. Morrison also provided an update on the State budget situation. Vice Mayor Parra invited interested participants to the City -sponsored neighborhood clean-up on Saturday, June 21st. The meeting was adjourned in honor of Richard Enriquez Jr., Cathleen Garcia and Pastor Billy Preston, recently deceased members of the community. ADJOURNMENT Motion by Inzunza, seconded by Morrison, the meeting be adjourned to the Next Regular Meeting of the City Council to be held on July 1, 2003, at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 8:05 p.m. The foregoing minutes were approved at the Regular Meeting of July 1, 2003. ag/S 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.