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HomeMy WebLinkAbout2003 07-15 CC MINBook 85/Page 169 7/15/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 15, 2003 The Regular Meeting of the City Council of the City of National City was called to order at 6:02 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Campbell, Condon, Dalla, Diaz, Eiser, Kirkpatrick, Morse, Post, Short, Trees. Pledge of Allegiance to the flag and Invocation by Councilmember Natividad. APPROVAL OF MINUTES Motion by Ungab, seconded by Parra, the Minutes of the Special Meetings of June 10, 2003 and July 1, 2003, the Adjourned Meetings of June 17, 2003 and July 8, 2003, and the Regular Meeting of July 1, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Refugio Gonzalez, National City, inquired about the status of ice cream pushcart enforcement. Ed Kravitz, Imperial Beach; spoke about the lease of the railroad station, Sandcastle Days in Imperial Beach, and meeting with Port staff regarding bayfront development. Joni Samilin, Juanito Amor Jr., Leezel Ramon, representing the Philippine - American Youth Organization, requested approval to use the Community Center for a banquet on August 8th. Motion by Ungab, seconded by Natividad, to bring the item on to the agenda as Item No. 24. Carried by unanimous vote. Ted Godshalk, National City, reported drug activity in the area around Coolidge and Harding. Book 85/Page 170 7/15/03 PUBLIC ORAL COMMUNICATIONS (cont.) Fletcher West, National City, requested repeal of the prohibition of "for sale" signs on cars parked on the street. ACTION: Motion by Inzunza, seconded by Morrison, to add two late items to the Agenda as Item Nos. 25 and 26. Carried by unanimous vote. PRESENTATIONS (102-14-2) Presentation by Bella Heule regarding the San Diego World Trade Center. PROCLAMATIONS (102-2-1) A Proclamation proclaiming June 30, 2003 as "Multicultural Heritage Awards Day." A Proclamation proclaiming July 1, 2003 as "Master Troy Rawls Day." A Proclamation proclaiming July 11, 2003 as "Dr. Benjamin O. Camacho Day." ACTION: No action was taken on the Proclamations. PUBLIC HEARING STREET VACATION (902-26-1) 1. Public Hearing — Street vacation and Coastal Development Permit for the closing of 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) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval of the street vacation. TESTIMONY: Bryan O'Dorisio, representing Reliance Metal Center, expressed concern about maintaining access to their fuel tanks. Ted Godshalk, National City, said the residents in the area need to be included in the planning process. Jacinto Gonzalez, representing Chula Lumber, expressed concern about continuing access to the railroad line. ACTION: Motion by Parra, seconded by Natividad, to continue the Public Hearing to the next meeting. Carried by unanimous vote. Book 85/Page 171 7/15/03 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item Nos. 3 through 5 (Resolution Nos. 2003-99 through 2003-101), Item Nos. 6 and 7 (Warrant Registers), Item No. 8 (Claims), and Item No. 9 (Zasueta Contracting). Motion by Parra, seconded by Morrison, Item Nos. 5 and 9 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) 2. SUBJECT: Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of only the title. (City Clerk) ACTION: Adopted. See above. LAW ENFORCEMENT ADMIN (302-2-1) 3. Resolution No. 2003-99. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF THE CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (C.L.E.E.P.) FUNDS TO PURCHASE EQUIPMENT AND UPGRADE EXISTING SYS 1'EMS.". (Police) ACTION: Adopted. See above. CITY ACQUISITION / PROPERTY ADMIN (1001-1-6) 4. Resolution No. 2003-100. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM WILFRIDO AND MARTHA C. MONDRAGON, DIRECTING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND FOR STREET PURPOSES AT 2221 VAN NESS AVENUE AND DEDICATING AND NAMING THE PARCEL OF LAND FRONTING HARBISON AVENUE AS HARBISON AVENUE (A.P.N. 558-320-1600)." (Public Works/Engineering) ACTION: Adopted. See above. Book 85/Page 172 7/15/03 CONTRACT (C2003-25) 5. Resolution No. 2003-101. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR THE PROPERTY LOCATED AT 926 "A" AVENUE IN BRICK ROW (APPLICANT: JANICE MARTINELLI) (CASE FILE NO.: M-2002-2)." (Planning) RECOMMENDATION: Staff recommended approval of the contract. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve the contract. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: Inzunza. Absent: None. Abstain: None. Mayor Inzunza abstained because he lives close to the effected property. WARRANT REGISTER 2003 (202-1-18) 6. Warrant Register No. 01. Ratification of Demands in the amount of $312,399.64. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2003 (202-1-18) 7. Warrant Register No. 02. Ratification of Demands in the amount of $2,104,60785. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-147) 8. SUBJECT: Claim for Damages: Marco A. Basabe. (City Clerk) ACTION: Denied. See above. CONTRACT (C2003-30) 9. SUBJECT: Proposal to convert tennis court to basketball court at Kimball Park and enter into a contract with Zasueta Contracting, Inc. (Parks and Recreation) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve. Carried by unanimous vote. Book 85/Page 173 7/15/03 NON CONSENT RESOLUTIONS CONTRACT (C2003-26) 10. Resolution No. 2003-102. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR THE NATIONAL PUBLIC LIBRARY TO PROVIDE AN AFTER -SCHOOL EDUCATION PROGRAM." RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2003-27) 11. Resolution No. 2003-103. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A NOTE, A CONTRACT FOR LOAN GUARANTEE ASSISTANCE AND OTHER APPLICABLE DOCUMENTS TO SECURE A $6.9 MILLION LOAN UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE CONSTRUCTION OF A NEW MAIN FIRE STATION." (Community Development Commission) RECOMMENDATION: Staff recommended approval. TESTIMONY: Councilman Natividad stated, for the record, that he would vote against the Resolution because of his previous statements that he would not vote to spend money for projects beyond his term of office. ACTION: Motion by Parra, seconded by Morrison, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. CONTRACT (C2003-28) 12. Resolution No. 2003-104. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CREATING A MID -YEAR CAPITAL IMPROVEMENT PROJECT FOR THE Book 85/Page 174 7/15/03 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2003-28) DESIGN AND CONSTRUCTION OF A NEW MAIN FIRE STATION FACILITY AT 16TH STREET AND "D" AVENUE, AUTHORIZING A DISBURSEMENT OF $700,000 FROM A HUD SECTION 108 LOAN, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFF KATZ ARCHITECTURE TO PERFORM CONSULTING SERVICES FOR THE DESIGN OF THE NEW MAIN FIRE STATION FACILITY." RECOMMENDATION: Staff recommended approval. TESTIMONY: City Attorney Eiser advised that the title of the Resolution incorrectly contains the number $700,000 and that the correct number should be $452,000. ACTION: Motion by Morrison, seconded by Parra, to adopt the Resolution with the noted correction. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. OLD BUSINESS LICENSES REPORTS (203-8-1) 13. SUBJECT: A report of subcommittee on alcohol licenses. (Council initiated) RECOMMENDATION: Mayor Inzunza reported that the subcommittee recommends that staff: a) bring back an Ordinance that lifts the current 660 foot rule; b) incorporate language in future licenses for a sunset clause; c) provide an interpretation of the current advertising ban, and d) incorporate a training requirement into future conditions of approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, to approve the committee recommendations. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. Book 85/Page 175 7/15/03 WRITTEN COMMUNICATIONS STREET SWEEPING REG / POLICY / ADMIN (903-3-5) 14. SUBJECT: An appeal to the City Council for "Street Sweeping" signs on Seawind Dr. and Calle Delgado, and Meadow Drive (Vicanco). (Public Works / Engineering) RECOMMENDATION: Staff recommended that the "Street Sweeping" signs not be installed since there is no apparent problems at this location. TESTIMONY: Aurelia Vivanco, National City, spoke in favor of the appeal. ACTION: Motion by Morrison, seconded by Inzunza, to direct staff to return with a report at the next meeting. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: None. Absent: None. Abstain: Natividad. Councilman Natividad abstained because he lives in the area of the requested improvements. COUNCIL NEIGHBORHOOD MEETINGS ADMIN (102-3-1) 15. SUBJECT: Request for additional funding for Neighborhood Council Program. (Council initiated) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to direct staff to look at funding from undesignated fund balance and bring back a report. Mayor Inzunza asked that the motion be repeated. The maker stated the motion was to show me the money. The motion was restated to be, to ask the City Manager to find the money to fund the program budget of $10,000. The maker and second agreed to amend the motion, to add that the money does come from undesignated fund balance: that we give clear direction. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. Book 85/Page 176 7/15/03 WRITTEN COMMUNICATIONS (cont.) HEARTLAND COMM FACILITY AUTH JPA ADMIN (101-38-1) 16. SUBJECT: Request the Mayor to appoint a Commissioner to the Heartland Communications Facility Authority Joint Powers Authority. (Fire) RECOMMENDATION: Staff recommended that the Mayor appoint one Commissioner to the HFCA JPA Commission. TESTIMONY: None. ACTION: Mayor Inzunza temporarily appointed himself until there is someone to appoint. Motion by Natividad, seconded by Inzunza, to approve the Mayor's recommendation. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 17. SUBJECT: Request to use the Martin Luther King, Jr. Community Center by the San Diego Office of Education Juvenile Court and Community Schools and waiver of fees. (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: An unnamed speaker representing the County Office of Education responded to questions. ACTION: Motion by Inzunza, seconded by Ungab, to approve the request including waiver of fees. Carried by unanimous vote. CONDITIONAL USE PERMITS 2003 (403-18-1) 18. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility on top of the Plaza Bonita Mall (Applicant: Verizon Wireless) (Case File NO. CUP-2003-13). (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 Parra, seconded by Inzunza, to approve. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. Book 85/Page 177 7/15/03 WRITTEN COMMUNICATIONS (cont.) CONDITIONAL USE PERMITS 2003 (403-18-1) 19. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Wal-Mart at 1200 Highland Avenue (Applicant: Larry Thornburgh for Wal-Mart Stores Incorporated) (Case File No. CUP-2003-12). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Frank Lopez, National City, spoke in favor of adding or amending some of the conditions of approval. Claudia Rocha, National City, spoke in opposition to the CUP. Dulce Rocha, National City, spoke in opposition to the CUP. Anthony Garcia, National City, spoke in opposition to the CUP. Irma Hernandez, National City, spoke in opposition to the CUP. Guillermina Coronado, National City, spoke in opposition to the CUP. Dana Richardson, Paradise Valley Hospital, spoke in opposition to the CUP. Alicen Wong, representing Wal-Mart, deferred comment until the Public Hearing and responded to questions. ACTION: Motion by Inzunza, seconded by Morrison, to set this item for public hearing on August 5, 2003, at 2 p.m. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 20. SUBJECT: Temporary Use Permit — La Mesa, R.V. — Parking Lot Sale & Show. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to approve staff recommendation. Carried by unanimous vote. Book 85/Page 178 7/15/03 WRITTEN COMMUNICATIONS (cont.) TEMPORARY USE PERMITS 2003 (203-1-19) 21. SUBJECT: Temporary Use Permit — First United Methodist Church Street Fair. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval, and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 22. SUBJECT: Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Natividad, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 23. SUBJECT: Temporary Use Permit — Request by the Boys & Girls Club for permission to hold their Annual Casino Night and Silent Auction on August 16, 2003 and to sell beer and wine. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval, and grant the request for a waiver of all fees. TESTIMONY: George Hood, Boys & Girls Club Board Member, spoke in favor and responded to questions. ACTION: Motion by Parra, seconded by Morrison, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. Book 85/Page 179 7/15/03 WRITTEN COMMUNICATIONS (cont.) NATIONAL CITY COMMUNITY CENTER (1101-5-1) 24. SUBJECT: Request to use the Martin Luther King, Jr. Community Center by Fil-Am Youth Group, and request for waiver of fees. (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: Representatives from the Fil-Am Youth Group discussed whether it would be desirable to charge an entrance fee and pay the City use fees or eliminate the entrance fee in lieu of having the City building use fees waived. ACTION: Motion by Ungab, seconded by Natividad, that we approve the use and waive all fees ($2082.30) with the understanding that the event is free to the public. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 25. SUBJECT: Temporary Use Permit — McCune Motors Tent Sale. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 26. SUBJECT: Temporary Use Permit — National City Chamber of Commerce — Heritage Days Annual Parade of Vintage Cars and Auto Show. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Peiiiiit subject to compliance with all conditions of approval, grant the request for a waiver of all fees, and waive the 6- week requirement for use of the park. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve staff recommendation. Carried by unanimous vote. Book 85/Page 180 7/15/03 STAFF. No Report. MAYOR AND CITY COUNCIL Councilman Natividad requested that the Ice Cream issue be docketed on the next agenda. Councilman Natividad also requested that attendance records be compiled for all City Council appointees to outside Boards and Commissions. Vice Mayor Parra asked that attendance records for all internal City Boards and Commissions also be provided. Councilman Natividad requested that teams from outside the city that currently use our parks and schools be identified. Councilman Natividad requested that the City Council approve the temporary use of the Public Works Yard for two storage containers that belong to the Food Bank. Staff was requested to present a report at the next meeting. Councilman Natividad said there is an easement adjacent to 3015 Palmer Street that belongs to someone other than the City. A tree in the easement is causing problems for the neighbor. Councilman Natividad requested a title search to determine who owns the easement. Vice Mayor Parra reported that the Lions Club National City 4th of July Carnival was a big success thanks to the effort and hard work of city staff. Councilman Morrison also complimented the efforts of city staff for making a successful 4th of July event. Councilman Morison requested a list of Capital Outlay items in the current budget be provided to Council. CLOSED SESSION Public Employee Performance Evaluation — Government Code Section 54956. Title: Acting City Manager ACTION: The Closed Session was not held. The meeting was adjourned in honor of Anna Chua and Ski Wolneiwicz. Book 85/Page 181 7/15/03 ADJOURNMENT The meeting was adjourned to August 5, 2003, at 2 p.m. in the Council Chambers, Civic Center. The Next Regular Meeting of the City Council to be held on August 5, 2003, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:15 p.m. aii e/a CITY LERK The foregoing minutes were approved at the Regular Meeting of August 5, 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.