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HomeMy WebLinkAbout2003 09-16 CC MINBook 85/Page 217 9/16/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 16, 2003 The Regular Meeting of the City Council of the City of National City was called to order at 6:08 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Condon, Dalla, Desrochers, Diaz, Eiser, Hyland, Kirkpatrick, Matienzo, Morse, Pauu, Post, Trees. Others present: Ariana Finnell, student council representative. Pledge of Allegiance to the flag by Mayor Nick Inzunza. APPROVAL OF MINUTES Motion by Natividad, seconded by Morrison, the Minutes of Regular Meeting of September 2, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Rita Cavada, National City, expressed an interest in the Police and Community Relations Board. Dfelia Pulido, National City, requested the City Council address the lack of police officers and gang units in National City to deal with problems associated with undocumented groups and taggers. Lisa Hernandez, National City, spoke in support of a Citizens Police Review Board with appropriate powers. Terry Hanks, National City, expressed support of a Police Review Board with full subpoena power. Mr. Hanks also expressed a desire to file a formal complaint against a police officer. Janice Martinelli, National City, commented on a list she previously distributed to the Council listing crimes in and around the area of Plaza Blvd. and 'A' Avenue. Ms. Martinelli requested that Council take into account the crime statistics when considering the Trophy Lounge issue. Book 85/Page 218 9/16/03 PUBLIC ORAL COMMUNICATIONS (cont.) Robert Venegas, National City, distributed a petition against the installation of parking prohibition signs on Seawind Dr., and requested that any further action be postponed pending review and resolution. Carmen Garcia, National City, inquired about why she is not allowed to install a carport at her residence. Robert Dominguez, National City, spoke against anything that will make it easier for people to acquire liquor. PRESENTATIONS (101-14-2) Presentation by Mayor Inzunza and Councilman Natividad. Councilman Natividad introduced Mr. Michele Anderson. Mr. Anderson announced that he and several others in attendance were members and owners of West Coast Cab Co., and that West Coast would be making National City its headquarters. PERSONNEL EMPLOYEE RECOGNITION ADM (604-2-1) Employee of the Month Program for September 2003 — Robert Hernandez, Fire Department. Employee Recognitions: Miguel A. Dia7 (20 years of service) and Bruce W. Madison (25 years service) were recognized and awarded service pins commemorating their years of service to the city. PROCLAMATIONS (102-2-1) A Proclamation proclaiming September 6, 2003 as "MANA-San Diego Chapter Day." ACTION: The Proclamation was previously presented by the Mayor. No action taken. N.C. COMMUNITY AND POLICE RELATIONS COMM (101-34-1) 1. SUBJECT: Boards and Commissions: National City Community and Police Relations Commission — Interview and Appointment. (City Clerk) RECOMMENDATION: Conduct the interviews. TESTIMONY: The following individuals appeared for interviews: Samuel Arroyo, Joseph Gonzales, Stu Gordon, Janice Martinelli, Craig Prior, Antonio Lacsina, Rosemary Peyron, Edward Tracy Smith. Book 85/Page 219 9/16/03 N.C. COMMUNITY AND POLICE RELATIONS COMM (cont.) ACTION: The Mayor announced that additional interviews and appointments would take place at the next meeting. There was no vote. Item No. 8 was taken up next. PUBLIC HEARING PARKING DISTRICT ADM (801-1-1) 8. A Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code regarding the sale of alcoholic beverages (City initiated) (Case File No. A-2003-1). (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: Toni Romo, Lincoln Acres, spoke against the amendment. Cheryl Colmenero, National City, spoke against the amendment. Judy Walsh -Jackson, San Diego, spoke against the amendment. Frank Lopez, National City, spoke against the amendment. Dana Richardson, National City, spoke against the amendment. Nancy Garcia, National City, spoke against the amendment. Janice Martinelli, National City, spoke against the amendment. William Sendt, National City, spoke against the amendment. Alma Graham, National City, spoke against the amendment. Robert Dominguez, National City, spoke against the amendment. Carlos Salazar, National City, spoke against the amendment. Yenni Lamas, National City, spoke against the amendment. Alecia Samona, National City, spoke against the amendment. Dawn Wirts, National City, spoke against the amendment. Juan Dominguez, National City, spoke against the amendment. Aimee Rios, National City, spoke against the amendment. ACTION: Motion by Inzunza, seconded by Morrison, this item be continued to the second meeting in October (October 21, 2003). Carried by unanimous vote. Book 85/Page 220 9/16/03 A recess was called at 7:45 p.m. The meeting was reconvened at 7:58 p.m. All members were present. PUBLIC HEARING LOCAL COASTAL PROGRAM (405-5-1) 2. Continued 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: John Harvey, San Marcos, the applicant, spoke in favor of the permit. Janice Martinelli, National City, spoke against the permit. ACTION: Motion by Natividad, seconded by Parra, to deny the Coastal Development Permit based on findings. Carried by unanimous vote. The Consent Calendar was taken up next. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 9 through 14 (Resolution Nos. 2003-129 through 2003-134), Item No. 15 (Street Tree Committee Minutes), Item Nos. 16 and 17 (Warrant Registers), and Item No. 18 (Claim for Damages). Motion by Natividad, seconded by Parra, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. CONTRACT (C2003-37) 9. Resolution No. 2003-129. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE CHIEF TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT Book 85/Page 221 9/16/03 CONSENT CALENDAR (cont.) CONTRACT (C2003-37) FOR JOINT FUNDING OF THE D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM." (Police) ACTION: Adopted. See above. CONTRACT (C91-21) 10. Resolution No. 2003-130. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION TO AN AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS." (City Manager) ACTION: Adopted. See above. BUDGET TRANSFERS 2003 (206-2-19) 11. Resolution No. 2003-131. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL THE AUTHORIZING TRANSFER OF $30,000 TO RELOCATE THE DATA CENTER." (City Manager/MIS Dept.) ACTION: Adopted. See above. CONTRACT (C2002-47) 12. Resolution No. 2003-132. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 7 FOR THE STREET IMPROVEMENTS PROJECT FOR THAT SECTION OF NATIONAL CITY BOULEVARD, BETWEEN 14TH TO 18TH STREETS. (ENGINEERING SPECIFICATION NO. 02- 7)." (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2003-38) 13. Resolution No. 2003-133. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING PARTICIPATION IN THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY (CPEIA)." (Risk Management) ACTION: Adopted. See above. Book 85/Page 222 9/16/03 CONSENT CALENDAR (cont.) SUBDIVISION ADM (415-1-1) PLANNED DEVELOPMENT PERMIT ADM 2003 (414-1-18) 14. Resolution No. 2003-134. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 28 CONDOMINIUM UNITS ON THE WEST SIDE OF INTERSTATE 805, BETWEEN PLAZA BOULEVARD AND E. 12TH STREET (APPLICANT: THE OLSON COMPANY) (CASE FILE NOS. S-2003-3/PD-2003-2/IS-2003-2)." (Planning) ACTION: Adopted. See above. STREET TREE & PARKWAY COMMITTEE ADM (101-2-1) 15. SUBJECT: Street Tree Committee Minutes. (Parks & Recreation) ACTION: Approved. See above. WARRANT REGISTER 2003 (202-1-18) 16. Warrant Register No. 10. Ratification of Demands in the amount of $2,373,727.44. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2003 (202-1-18) 17. Warrant Register No. 11. Ratification of Demands in the amount of $282,052.88. (Finance) ACTION: Ratified. See above. CLAIM FOR DAMAGES (501-1-18) 18. SUBJECT: Claim for Damages: Alejandro Valdez. (City Clerk) ACTION: Denied. See above. (End of Consent Calendar) Book 85/Page 223 9/16/03 PUBLIC HEARING GENERAL PLAN 2003 (405-8-4) 3. Continued Public Hearing — Amendment to the Combined General Pan/Zoning Map from CA-PD to RM-1-PD for properties on the west side of A Avenue between 25th and 26t1i Streets (Applicant: City Initiated) (Case File Nos. GP-2003-1, ZC-2003-1). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval of the amendment. TESTIMONY: John Ball, representing Ball Automotive Group, spoke in opposition. Georgia Guarano, National City, was neither for nor against but expressed her opinion that the Mayor should not vote on the issue. Larry Williams, real estate broker representing the proponent, spoke in favor. Anna Molina, National City, appearing on behalf of her parents, spoke in favor of the amendment. ACTION: Motion by Morrison, seconded by Parra, to deny approval of the amendment. Carried by the following vote, to - wit: Ayes: Morrison, Parra, Ungab. Nays: Natividad, Inzunza. Absent: None. Abstain: None. PUBLIC HEARING CONDITIONAL USE PERMITS 2003 (403-18-1) VARIANCE DENIALS 2003 (409-1-36) 4. Public Hearing — Appeal of Planning Commission denial of a Conditional Use Permit for a church at 421 National City Boulevard, with a variance to allow less than required parking (Applicant: Community of Praise Baptist Church) (Case File No. CUP-2003- 10/Z-2003-5). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for denial of the Conditional Use Permit and Zone Variance. TESTIMONY: Janice Martinelli, National City, spoke in opposition to the appeal. Nancy Estolano, National City, spoke in opposition to the appeal. Book 85/Page 224 9/16/03 PUBLIC HEARING (cont.) Terry Hanks, National City, spoke in favor of the appeal. Genny Torres, National City, distributed a petition and spoke in opposition to the appeal. Pastor E.M. Williams, the applicant, distributed a petition, responded to questions, and spoke in favor of the appeal. ACTION: Motion by Natividad, seconded by Inzunza, to deny the variance because it does not meet the required findings, and to approve a CUP for a period of one year, with the condition that an agreement, evidenced in writing, be reached with another property owner to provide the required parking, and that in the event such written agreement is not obtained or is withdrawn, then the ability to operate the church will end. After additional discussion, the second to the motion was withdrawn. The original motion was seconded by Councilman Morrison. The maker of the motion clarified that the intent of the motion was to allow the church time to find a more suitable permanent location. Motion carried by the following vote: to - wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: Ungab. Absent: None. Abstain: None. PUBLIC HEARING PARKING DISTRICT ADM (801-1-1) 5. A Public Hearing to expand Parking District "A" on 20th Street, between A Avenue and D Avenue. (Public Works/ Engineering) RECOMMENDATION: None. TESTIMONY: John Ball, Ball Automotive Group, spoke in favor. ACTION: Motion by Natividad, seconded by Morrison, to approve. Carried by unanimous vote. PUBLIC HEARING PARKING DISTRICT ADM (801-1-1) 6. A Public Hearing to remove the commercial property located on the west side of Hoover Avenue, between 8th Street and 9th Street from Parking District "C". (Public Works/ Engineering) Refer to Item No. 19 Book 85/Page 225 9/16/03 PUBLIC HEARING (cont.) RECOMMENDATION: Staff recommended approval. TESTIMONY: Robert Wood, Sid's Carpet Barn, spoke in favor. ACTION: Motion by Natividad, seconded by Morrison, to approve. Carried by unanimous vote. PUBLIC HEARING PARKING DISTRICT ADM (801-1-1). 7. A Public Hearing to remove commercial property located on the west side of A Avenue, between 18th Street and 20th Street from Parking District "A" (excluding the residences at 1922, 1928, and 2122 A Avenue). (Public Works/ Engineering) Refer to Item No. 20 RECOMMENDATION: Staff recommended approval. TESTIMONY: John Ball, Ball Automotive Group, spoke in favor. Ernesto and Rita Hernandez, National City, spoke in favor but expressed opposition to the removal of Saturday and Sunday parking for the public. ACTION: Motion by Parra, seconded by Morrison, to approve. Carried by unanimous vote. PUBLIC HEARING PARKING DISTRICT ADM (801-1-1) 8. A Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code regarding the sale of alcoholic beverages (City initiated) (Case File No. A-2003-1). (Planning) ACTION: This item was taken up earlier in the meeting. NON CONSENT RESOLUTIONS PARKING DISTRICT ADM (801-1-1) 19. Resolution No. 2003-135. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING CITY ENGINEER TO REMOVE THE COMMERCIAL PROPERTY LOCATED ON THE WEST SIDE OF HOOVER AVENUE, BETWEEN 8TH AND 9TH STREETS FROM THE RESIDENTIAL PARKING DISTRICT "C" PERMIT AREA." (Public Works/Engineering) Refer to Item No. 6 Book 85/Page 226 9/16/03 NON CONSENT RESOLUTIONS (cont.) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve. Carried by unanimous vote. PARKING DISTRICT ADM (801-1-1) 20. Resolution No. 2003-136. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING CITY ENGINEER TO REMOVE THE WEST SIDE OF "A" AVENUE, BETWEEN 18TH AND 20TH STREETS FROM THE RESIDENTIAL PARKING DISTRICT "A" PERMIT AREA (EXCLUDING THE RESIDENCES AT 1922, 1928, AND 2122 "A" AVENUE)." (Public Works/Engineering) Refer to Item No. 7 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. VARIANCES 2003 (409-1-35) 21. Resolution No. 2003-137. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE VARIANCE FOR AN ADDITION TO 1724 AND 1730 J AVENUE WITHOUT PROVIDING ADDITIONAL PARKING, AND RESULTING IN LESS THAN REQUIRED BUILDING SEPARATION FROM AN ADJACENT RESIDENCE ON THE SAME LOT. APPLICANT: GEORGE MORENO. (CASE FILE NO. Z-2003-6)." (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve. Carried by unanimous vote. AUDIT / REQUIREMENTS ADM (208-2-1) 22. SUBJECT: Request for Proposal (RFP) to provide audit services. (Finance) RECOMMENDATION: Staff recommended approval. Book 85/Page 227 9/16/03 NON CONSENT RESOLUTIONS (cont.) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to approve. Carried by unanimous vote. CITY ATTORNEY REPORTS (509-1-3) 23. SUBJECT: Report on prohibition against outdoor advertising of alcoholic beverages. (City Attorney) RECOMMENDATION: Staff recommended to accept and file the report. TESTIMONY: None. ACTION: Accepted and filed. N.C. COMMUNITY CENTER (1101-5-1) 24. SUBJECT: Request to use the Martin Luther King, Jr. Community Center by the Chamber of Commerce for the Police Officer Awards dinner, waiver of fees, and permission to serve alcohol. (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve the request. Motion withdrawn. Motion by Parra, seconded by Inzunza, to approve the request including waiver of fees, and permission to serve alcohol. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. TEMPORARY USE PERMITS 2003 (203-1-19) 25. SUBJECT: Temporary Use Permit — N.C. Chamber -Safety Fair. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval and grant the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to approve. Carried by unanimous vote. Book 85/Page 228 9/16/03 NON CONSENT RESOLUTIONS (cont.) TEMPORARY USE PERMITS 2003 (203-1-19) 26. SUBJECT: Temporary Use Permit — SDG&E — Light Bulb Exchange. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval and grant the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to approve staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 27. SUBJECT: Temporary Use Permit — South Bay Community Church Fall Festival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval and grant the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Inzunza, to approve. Carried by unanimous vote. STAFF — No Report. MAYOR AND CITY COUNCIL Councilman Natividad recommended a new restaurant located at Highland Avenue and 30th Street. Councilman Morrison provided an update on the administration of the Fairest of the Fair and Miss National City beauty pageants. ADJOURNMENT The Next Regular Meeting of the City Council will be held on October 7, 2003, at 6:00 p.m., Council Chambers, Civic Center. Book 85/Page 229 9/16/03 The meeting closed at 9:30 p.m. The foregoing minutes were approved at the Regular Meeting of October 7, 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.