Loading...
HomeMy WebLinkAbout2003 08-05 CC MINBook 85/Page 184 8/5/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 5, 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: Condon, Dalla, Eiser, Kirkpatrick, Matienzo, Morse, Pauu, Post, Trees. Pledge of Allegiance to the flag and Invocation by Mayor Nick InTunza. APPROVAL OF MINUTES Motion by Parra, seconded by Inzunza, the Minutes of the Special Meeting of July 15, 2003, and the Regular Meeting of July 15, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Darryl Gorham, National City, expressed his objections to the Filipino Village proposal. William Virchis, Sweetwater High School District Representative, expressed his appreciation to Councilmember Natividad, and the Red Lion Hotel for their support of the Summer Institute Program. Mr. Joseph Scarlotti from Red Lion was called forward to receive an appreciation award. Edith Hughes, National City Chamber of Commerce, thanked the entire Council for attending the Auto Heritage Days event and the Park Department for their invaluable help in making it a success. Book 85/Page 185 8/5/03 PUBLIC ORAL COMMUNICATIONS (cont.) Reverend Williams, Community of Praise Baptist Church, appeared to discuss the appeal by his church for a CUP and parking variance at 421 National City Blvd. Reverend Williams was advised that the appeal could not proceed because the property owner had withdrawn its authorization for a CUP to be processed. PRESENTATIONS (102-14-2) Presentation by Councilman Natividad to Joseph Scarlotti. Presentation by Councilman Natividad - Annual Scottish Rite Law Enforcement Officer of the Year Award. Acting Police Chief Pauu read the citation honoring Officer Alain Maes for the actions that earned him recognition as Officer of the Year. Officer Maes was recognized by those present. PERSONNEL EMPLOYEE RECOGNITION ADM (604-2-1) Employee of the Month Award. Acting Police Chief Pauu introduced Police Officer John Daugherty as the National City employee of the Month for July. PROCLAMATIONS (102-2-1) A Proclamation proclaiming July 26, 2003 as "Panan Association, USA Day." A Proclamation proclaiming July 31, 2003 as "Latino Emerging Business Expo Day." ACTION: The Proclamations were presented previously. There was no action taken. PUBLIC HEARINGS STREET VACATION (902-26-1) LOCAL COASTAL PROGRAM (405-5-1) 1. Continued Public Hearing — Street vacation and Coastal Development Permit for the closing of a 380-foot long section of Harrison Avenue north of 23`d Street. (Applicant: Community Development Commission) (Case File Nos. SC-2003-1/CDP-2003-4) (Planning) (Continued from meeting of July 15, 2003) Book 85/Page 186 8/5/03 PUBLIC HEARINGS (cont.) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval of the street vacation. TESTIMONY: Mr. Jacinto Gonzalez, Chula Lumber Company, stated the access concerns he previously had have been resolved. ACTION: Motion by Morrison, seconded by Ungab, to close the hearing. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-18) 2. Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code clarifying requirements regarding landscaping, paving of front yards, fencing, parking conditional use permits, the historic properties list, setbacks for single-family home additions, daycare facilities and additional uses. (City Initiated) (Case File No. A-2003-2) (Planning) Refer to Item No. 25 RECOMMENDATION: Staff recommended approval of the amendment. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to close the hearing. Carried by unanimous vote. LOCAL COASTAL PROGRAM (405-5-1) 3. Public Hearing — Appeal of a Coastal Development Permit for a ready mixed concrete production and distribution facility on the south side of the 900 block of Bay Marina Drive. (Applicant: Associated Ready Mixed Concrete, Inc.) (Case File Nos.: CDP-2003-2/IS-2003-1) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended denial of the Coastal Development Permit. TESTIMONY: Mr. Harvey, on behalf of the applicant, requested a 30-day continuance. ACTION: Motion by Morrison, seconded by Parra, to continue this item for 30 days. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. Book 85/Page 187 8/5/03 PUBLIC HEARINGS (cont.) COMM DEV LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 4. Public Hearing regarding levy of assessments for costs of maintenance — Landscape Maintenance District No. 1 (LMD) - "Mile of Cars." (Community Development Commission) Refer to Item No. 22 RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to close the hearing. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item Nos. 6 through 13 (Resolution Nos. 2003-106 through 2003-113), Item No. 14 (Street Tree Committee Minutes), Item Nos. 15 and 16 (Warrant Registers), Item No. 17 and 18 (Consolidated Cash and Investment Reports), Item Nos. 19 and 20 (Claims), and Item No. 21 (Military Leave Policy). Motion by Natividad, seconded by Parra, Item Nos. 6, 9 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) 5. 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. BUDGET FY2003-04 (206-1-19) 6. Resolution No. 2003-106. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AMENDING THE PRELIMINARY BUDGET TO AUTHORIZE POSITIONS FOR ONE FULL-TIME AND ONE PART-TIME OFFICE ASSISTANT, INSTEAD OF ONE EXECUTIVE ASSISTANT 1." (City Manager) RECOMMENDATION: Staff recommended approval. Book 85/Page 188 8/5/03 CONSENT CALENDAR (cont.) TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve with the understanding that the part-time position will not be staffed for now. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. BUDGET TRANSFERS 2003 (206-2-9) 7. Resolution No. 2003-107. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND TRANSFER OF $7,500 TO THE NEIGHBORHOOD COUNCIL PROGRAM." (City Manager) ACTION: Adopted. See above. SEWER CAPACITY FEES ADM (906-1-4) 8. Resolution No. 2003-108. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "DELINQUENT SEWER SERVICE CHARGE" FUND AND THE "SEWER SERVICE CHARGE" FUND, AND RATIFYING AND APPROVING SAID FUNDS." (City Attorney) ACTION: Adopted. See above. PARKING DISTRICT ADM (801-1-1) 9. Resolution No. 2003-109. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO REMOVE THE WEST SIDE OF "A" AVENUE BETWEEN 18TH AND 22ND STREETS FROM THE RESIDENTIAL PARKING DISTRICT "A" PERMIT AREA (TSC ITEM NO 2003-24)." (Public Works/Engineering) RECOMMENDATION: Staff recommended approval. Book 85/Page 189 8/5/03 CONSENT CALENDAR (cont.) TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to bring this item back as required by Council Policy, and include 22nd Street. Carried by unanimous vote. STREET MAINTENANCE ADM (903-3-1) 10. Resolution No. 2003-110. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 1 FOR THE STREET IMPROVEMENTS PROJECT FOR NATIONAL CITY STREET RESURFACING PROJECT FY 2002/2003 (ENGINEERING SPEC. NO. 02-02)." (Engineering) ACTION: Adopted. See above. CONTRACT (C2002-37) 11. Resolution No. 2003-111. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE CIVIC CENTER AND POLICE FACILITY SECURITY AND FIRE SYSTEM ENHANCEMENTS (ENGINEERING SPEC. NO. 02-06)." (Engineering) ACTION: Adopted. See above. CONTRACT (C2003-31) 12. Resolution No. 2003-112. 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 1941 HIGHLAND AVENUE (APPLICANT: HERNANDEZ FAMILY REVOCABLE TRUST) (CASE FILE NO. M-2002-3)." (Planning) ACTION: Adopted. See above. CONTRACT (C2003-32) 13. Resolution No. 2003-113. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT REMOVAL AGREEMENT WITH FRED CONSENT CALENDAR (cont.) DEMEO, INC. FOR THE INSTALLATION OF SECURITY LIGHTS, SIGNS, BUILDING FACADE AND TO SUPERSEDE THE PREVIOUS ADOPTED AGREEMENT PASSED BY RESOLUTION NO. 10,926." (Engineering) ACTION: Adopted. See above. STREET TREE AND PARKWAY COMM ADM (102-2-1) 14. SUBJECT: Street Tree Committee Minutes. RECOMMENDATION: Staff recommended the minutes be approved. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to continue the item. Carried by unanimous vote. WARRANT REGISTER 2003 (202-1-18) 15. Warrant Register No. 03. Ratification of Demands in the amount of $583,141.31. (Finance) ACTION: Ratified. See above. Book 85/Page 190 8/5/03 WARRANT REGISTER 2003 (202-1-18) 16. Warrant Register No. 04. Ratification of Demands in the amount of $1,237,500.74. (Finance) ACTION: Ratified. See above. FINANCIAL MGMT 2003 (204-1-18) 17. SUBJECT: Consolidated Cash and Investment Report as of April 30, 2003. (Finance) ACTION: Approved. See above. FINANCIAL MGMT 2003 (204-1-18) 18. SUBJECT: Consolidated Cash and Investment Report as of May 31, 2003. (Finance) ACTION: Approved. See above. CLAIMS (501-1-147) 19. SUBJECT: Claim for Damages: Jill Harp. (City Clerk) ACTION: Denied. See above. Book 85/Page 191 8/5/03 CONSENT CALENDAR (cont.) CLAIMS (501-1-147) 20. SUBJECT: Claim for Damages: SBC Pacific Bell Rick Roehl — Risk Manager. (City Clerk) ACTION: Denied. See above. PERSONNEL ADM (604-6-1) 21. SUBJECT: Military Leave Policy — Proposed Extension of Compensation / Benefits. (City Manager) ACTION: Approved. See above. NON CONSENT RESOLUTIONS COMM DEV LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 22. Resolution No. 2003-114. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT." (Community Development Commission) Refer to Item No. 4 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2003-34) 23. Resolution No. 2003-115. 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) RECOMMENDATION: Staff recommended to select musical program and approve the contract. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. Book 85/Page 192 8/5/03 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2003-33) WIRELESS COMM ADM (908-1-3) 24. Resolution No. 2003-116. A "RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH CINGULAR WIRELESS FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN EL TOYON PARK." (Engineering) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad. Absent: None. Abstain: Ungab. Councilmember Ungab abstained because he is employed by the phone company. ORDINANCES FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE (506-2-18) 25. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING VARIOUS CHAPTERS OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE CLARIFYING REQUIREMENTS REGARDING LANDSCAPING, PAVING OF FRONT YARDS, FENCING, PARKING, CONDITIONAL USE PERMITS, THE HISTORIC PROPERTIES LIST, SETBACKS FOR SINGLE-FAMILY HOME ADDITIONS, DAY CARE FACILITIES AND ADDITIONAL USES AND DEFINITIONS. (APPLICANT: CITY INITIATED) (CASE NO. A- 2003-2)" (Planning) Refer to Item No. 2 NATIONAL CITY MUNICIPAL CODE (506-2-18) 26. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 7 PERTAINING TO PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE AND TITLE 10 PERTAINING TO PUBLIC PEACE, MORALS AND SAFETY. (City Attorney) Book 85/Page 193 8/5/03 ORDINANCE FOR ADOPTION 27. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 13.12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS FOR INSTALLATION, MAINTENANCE AND REMOVAL OF FACILITIES IN STREETS, RIGHTS -OF -WAY AND OTHER PUBLIC PROPERTY." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt the Ordinance. Carried by unanimous vote. OLD BUSINESS STREET SWEEPING REGULATIONS POLICY ADM (903-3-5) 28. SUBJECT: An appeal to the City Council for "No Parking — Street Sweeping" signs on Seawind Drive, Calle Delgado and Meadow Drive. (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: Aurelia Vivonco, National City, spoke in favor of the signs. Luis Natividad, left the dais and responded to questions from the lectern. ACTION: Motion by Parra, seconded by Inzunza, to approve. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra. Nays: Ungab. Absent: None. Abstain: Natividad. Councilmember Natividad abstained because he lives in the area affected by the appeal. CITY ATTORNEY REPORTS (509-1-3) 29. SUBJECT: Report regarding regulation of food vending vehicles. (City Attorney) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to file. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad, Ungab. Absent: None. Abstain: None. Book 85/Page 194 8/5/03 NEW BUSINESS PUBLIC REQUEST ADM (102-1-1) 30. SUBJECT: Request by the Community Food Bank of National City to store two 8'X8'22" drop body containers in the Public Works' yard. (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve. Carried by unanimous vote. VARIANCES — DENIALS 2003 (409-1-36) 31. SUBJECT: Notice of Decision — Denial of a zone variance for a 2,040 square foot accessory structure that exceeds the maximum size permitted at 170 E. 31st Street. (Applicant: Manuel Marruenda) (Case File No.: Z-2002-5) (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 Morrison, seconded by Parra, to file and refer to CDC for possible assistance. Carried by unanimous vote. Councilmember Natividad reported that the sign at 31 sY Street and C Avenue is gone. CONDITIONAL USE PERMITS 2003 (403-18-1) 32. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility on top of an office building at 2005 Highland Avenue. (Applicant: Cingular Wireless) (Case File No. CUP-2003-4) (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 Inzunza, seconded by Parra, to set for hearing. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: Ungab. Councilmember Ungab abstained because he is employed by the telephone company. Book 85/Page 195 8/5/03 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2003 (203-1-19) 33. SUBJECT: Temporary Use Permit — St. Mary's Catholic Church — Annual Fall Festival / Fund Raising. (Building and Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 34. SUBJECT: Temporary Use Permit — National City Chamber of Commerce. (Building and Safety) RECOMMENDATION: Staff recommended approval of the Application for a TUP subject to compliance with all conditions of approval, and grant the request for a waiver of the fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to approve staff's recommendation. Carried by the following vote, to -wit: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: Inzunza. Mayor Inzunza abstained because he lives in the area where the event will be held. TEMPORARY USE PERMITS 2003 (203-1-19) 35. SUBJECT: Temporary Use Permit — Kiwanis Club of Sweetwater Carnival. (Building and Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval, and grant the request for a waiver of the fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to approve staff's recommendation. Carried by unanimous vote. Book 85/Page 196 8/5/03 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2003 (203-1-19) 36. SUBJECT: Temporary Use Permit — Pinery Christmas Trees Inc. (Building and Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to approve staff s recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 37. SUBJECT: Temporary Use Permit — Califormula Broadcasting — 17t` Annual Fiestas Patrias. (Building and Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to approve staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 38. SUBJECT: Temporary Use Permit — Sweetwater Town and Country Merchants — Salsa Country Western Days. (Building and Safety) RECOMMENDATION: Staff recommended approval of the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval, and deny the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve staffs recommendation, and deny the request for waiver of fees. Carried by unanimous vote. STAFF - None MAYOR AND CITY COUNCIL Councilman Natividad referred a complaint from a resident about noise emanating from a business on Coolidge Avenue and spoke about the importance of citizen participation in the community. Book 85/Page 197 8/5/03 MAYOR AND CITY COUNCIL (cont.) Vice Mayor Parra reported that Christmas in July is winding down and expressed thanks to City employees for their participation and contribution to the program's success. Councilman Morrison reported on the efforts being made by SANDAG to develop a Regional Comprehensive Plan and the upcoming public meeting to be held in National City on September 11, 2003. Mayor Inzunza expressed his interest in moving future TUP items to the Consent Calendar. Mayor Inzunza acknowledged the presence of the Manager of National City Transit, Janis Crow. The meeting was adjourned in memory of Lorna Christensen ADJOURNMENT The Next Regular Meeting of the City Council to be held on August 19, 2003, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 7:43 p.m. CITY CLERK The foregoing minutes were approved at the Regular Meeting of August 19, 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.