HomeMy WebLinkAbout2003 10-07 CC MINBook 85/Page 232
10/7/03
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA
October 7, 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, Eiser, Hyland, Kirkpatrick,
Matienzo, Morse, Pauu, Post, Trees.
Others present: Ariana Finnell, Student Council representative.
Pledge of Allegiance to the flag by Mayor Inzunza and invocation by Mr.
Aleman from St Anthony's Church.
APPROVAL OF MINUTES
Motion by Parra, seconded by Natividad, the Minutes of Regular Meeting of
September 16, 2003, be approved. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
Keith Morrill, San Diego, handed out written materials to the Council and
requested a one -hour appointment with Mayor Inzunza.
Terry Hanks, National City, expressed his concerns and complaints about
the makeup and powers of the Community and Police Relations
Commission.
PRESENTATIONS (101-14-2)
Presentation: Anthony Vasquez Gonzalez.
Councilman Natividad explained the needs of the Gonzalez family for a
vehicle to provide transportation for hospital and doctor visits and
announced the establishment of a bank account for vehicle donations. The
National City Host Lions Club and Councilman Natividad pledged
donations to start the fund raising effort.
Book 85/Page 233
10/7/03
PROCLAMATIONS (102-2-1)
A Proclamation proclaiming September 13, 2003 as: "Preserve and Protect
Paradise Marsh Day."
A Proclamation proclaiming September 21, 2003 as: "San Diego Habitat for
Humanity Appreciation Day."
A Proclamation proclaiming September 26, 2003 as: "Debra Greenfield
Day."
A Proclamation proclaiming October 4, 2003 as: "Greater San Diego
Chapter of Blacks in Government Day."
A Proclamation proclaiming October to be: "The Columbian Foundation for
People with Mental Retardation, Inc. Month."
A Proclamation proclaiming the week of October 5 — 11, 2003, as "Fire
Prevention Week."
ACTION: Mayor Inzunza reported that all of the proclamations were
previously presented except for the Proclamation proclaiming "The
Columbian Foundation for People with Mental Retardation, Inc.
Month," which was presented to Mr. Frank Chenelle, and the
Proclamation proclaiming "Fire Prevention Week," which was
presented to Acting Fire Chief Don Condon.
N.C. COMMUNITY AND POLICE RELATIONS COMM (101-34-1)
1. SUBJECT: Boards and Commissions: National City Community
and Police Relations Commission — Interviews and Appointments.
(City Clerk)
RECOMMENDATION: None.
TESTIMONY: The following individuals appeared for
interviews: Louise Branch, Jerry Cano, Alma Graham, Bill
Kinney, John Kirk, Daniel W. O'Brien, Judith de los Santos,
William Sendt, and Thomas Linwood Wilkins.
ACTION: The Mayor announced that appointments would
take place at the next meeting. There was no vote.
Book 85/Page 234
10/7/03
PUBLIC HEARING
VARIANCES 2003 (409-1-35)
2. Public Hearing — Zone variance for a covered patio in the front yard
setback of the American Legion building at 35 E. 18th Street
(Applicant: American Legion Post 255) (Case File No.: Z-2003-4).
Planning)
RECOMMENDATION: Staff concurred with the decision of the
Planning Commission to approve the zone variance.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Inzunza, to approve
the zone variance with all conditions of staff. Carried by
unanimous vote.
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 3 through 11
(Resolution Nos. 2003-138 through 2003-146), Item No. 12 (Report: Traffic
Light Installation), Item Nos. 13 and 14 (Warrant Registers), Item No. 15
(Consolidated Cash and Investment Report), and Item Nos. 16 and 17
(Claim for Damages). Motion by Parra, seconded by Morrison, the Consent
Calendar be approved, and the Claim for Damages be denied. Carried by
unanimous vote.
CONTRACT (C2003-39)
3. Resolution No. 2003-138. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY MANAGER TO EXECUTE A RETAINER
AGREEMENT WITH THE LAW FIRM OF LIEBERT CASSIDY
WHITMORE TO PROVIDE SPECIAL LEGAL SERVICES
PERTAINING TO EMPLOYEE RELATION MATTERS." (Human
Resources)
ACTION: Adopted. See above.
COUNCIL POLICY MANUAL (102-13-1)
4. Resolution No. 2003-139. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AMENDING
CITY COUNCIL POLICY NO. 203 PERTAINING TO THE
NATIONAL CITY INVESTMENT POLICY." (Finance)
ACTION: Adopted. See above.
Book 85/Page 235
10/7/03
CONSENT CALENDAR
PARKING ADM 2003 (801-2-23)
5. Resolution No. 2003-140. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE ACTING DIRECTOR OF PUBLIC WORKS /
ENGINEERING TO ESTABLISH TWO THREE-FOOT RED NO
PARKING ZONES ADJACENT TO THE DRIVEWAY AT 311
EAST 2ND STREET (C. GARCIA-KIRK, TSC ITEM NO. 2003-26)."
(Public Works/Engineering)
ACTION: Adopted. See above.
PARKING ADM 2003 (801-2-23)
6. Resolution No. 2003-141. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING
TO ESTABLISH TWENTY FEET OF A NO PARKING ZONE AT
THE SOUTHEAST CORNER OF PALM AVENUE AND EAST
10TH STREET. (F. ABALOS, TSC ITEM NO. 2003-30)." (Public
Works/Engineering)
ACTION: Adopted. See above.
PARKING ADM 2003 (801-2-23)
7. Resolution No. 2003-142. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING
TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES
ADJACENT TO THE DRIVEWAYS FOR SPACES 70, 76, 77, 79,
80 AND 84 ON CALLE ABAJO (APPLICANT: BONITA
PARADISE MOBILE PARK RESIDENTS, TSC ITEM NO. 2003-
29)." (Public Works/Engineering)
ACTION: Adopted. See above.
CONTRACT (C99-21)
PARADISE CREEK EDUCATIONAL PARK (702-10-1)
8. Resolution No. 2003-143. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND
Book 85/Page 236
10/7/03
CONSENT CALENDAR (cont.)
SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL
SERVICES REQUIRED TO FINALIZE BID DOCUMENTS FOR
PARADISE CREEK EDUCATIONAL PARK." (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2003-40)
9. Resolution No. 2003-144. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING
TO ENTER INTO AN AGREEMENT WITH SAN DIEGO
COUNTY PUBLIC WASTEWATER AGENCIES TO PROVIDE
MUTUAL ASSISTANCE DURING A WASTEWATER
EMERGENCY." (Public Works/Engineering)
ACTION: Adopted. See above.
CONTRACT (C2003-41)
10. Resolution No. 2003-145. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE PURCHASING AGENT TO WAIVE THE BID PROCESS
AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH EXPONENTS OF CALIFORNIA, INC. FOR
THE EXTENSION OF EXISTING FIBER OPTIC, ETHERNET
DATA CABLES AND TELCO COPPER WIRING FROM THE
EXISTING MAIN DISTRIBUTION FRAME TO THE NEW DATA
CENTER." (MIS/Purchasing)
ACTION: Adopted. See above.
LOCAL COASTAL PROGRAM (405-5-1)
11. Resolution No. 2003-146. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY DENYING 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 NO. CDP-2003-2/IS-2003-1).
(Planning)
ACTION: Adopted. See above.
Book 85/Page 237
10/7/03
CONSENT CALENDAR (cont.)
TRAFFIC SIGNAL ADM 2003 (801-4-10)
12. Report to the City Council on the issue of a traffic light installation on
Sweetwater Road and Orange Street. (Public Works/Engineering)
ACTION: Filed and accepted. See above.
WARRANT REGISTER 2003 (202-1-18)
13. Warrant Register No. 12. Ratification of Demands in the amount of
$1,214,744.00. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER 2003 (202-1-18)
14. Warrant Register No. 13. Ratification of Demands in the amount of
$911,544.86. (Finance)
ACTION: Ratified. See above.
FINANCIAL MANAGEMENT 2003 (204-1-18)
15. Consolidated Cash and Investment Report as of June 30, 2003.
(Finance)
ACTION: Approved. See above.
CLAIMS (501-1-147)
16. Claim for Damages: Dorotea Esteban (City Clerk)
ACTION: Denied. See above.
CLAIMS (501-1-147)
17. Claim for Damages: Ernie Coral Villarino (City Clerk)
ACTION: Denied. See above.
NON CONSENT RESOLUTIONS
CONDITIONAL USE PERMITS 2003 (403-18-1)
VARIANCE DENIALS 2003 (409-1-36)
18. Resolution No. 2003-147. A "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A
CONDITIONAL USE PERMIT FOR A CHURCH AT 421
NATIONAL CITY BOULEVARD, AND DENYING A VARIANCE
Book 85/Page 238
10/7/03
NON CONSENT RESOLUTIONS (cont.)
FOR LESS THAN REQUIRED PARKING (APPLICANT:
COMMUNITY OF PRAISE BAPTIST CHURCH) (CASE FILE NO.
CUP-2003-10/Z-2003-5)." (Planning)
RECOMMENDATION: Staff recommended approval.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Natividad, to
adopt the Resolution. Carried by the following vote, to -wit:
Ayes: Inzunza, Morrison, Natividad, Ungab. Nays: Parra.
Absent: None. Abstain: None.
OLD BUSINESS
STREET VACATION ADM (902-26-1)
19. SUBJECT: Report on the request for the temporary closure of
Arcadia Avenue between 7th Street and 8th Street. (Public
Works/Engineering)
RECOMMENDATION: None.
TESTIMONY: Dana Richardson, Paradise Valley Hospital,
spoke against the closure.
Brett Covington, Paradise Valley Hospital, spoke against the
closure and responded to questions.
ACTION: Motion by Natividad, seconded by Inzunza, so
moved in favor of a temporary closure. Carried by unanimous
vote.
STREET SWEEPING REG / POLICY / ADM (903-3-35)
20. SUBJECT: Report to the City Council on the issue of the Seawind
Drive area "No Parking -Tow -Away -Street Sweeping" signs. (Public
Works/Engineering)
RECOMMENDATION: Staff indicated that they do not believe
signs are necessary to effectively sweep the streets. and requested
council direction.
TESTIMONY: Aurelia Vivanco, National City, spoke in
favor of the signs and the election.
ACTION: The City Council directed that the Engineering
Department conduct an election of neighborhood residents, one
vote per house, to be cast at the Engineering Department
Book 85/Page 239
10/7/03
OLD BUSINESS (cont.)
counter. No vote was taken. Note: Councilman Natividad
excused himself from the discussion because he lives in the
affected neighborhood.
WRITTEN COMMUNICATION
FIRE DEPT ADM (305-5-1)
21. SUBJECT: Letter to the City Council from the President of the
National City Firefighters' Association regarding the future of the
National City Fire Department.
RECOMMENDATION: None.
TESTIMONY: Mark Beverage, National City Firefighters
Association, explained the reasons for the letter was to
encourage dialogue and suggested formation of a committee or
a workshop to explore the issues raised.
ACTION: There was discussion and general consensus to
form a subcommittee to include City Councilmember Ungab,
Mayor Inzunza, and a representative from the Firefighters
Association, Fire Administration and City Manager's office.
No vote was taken.
NEW BUSINESS
TEMPORARY USE PERMITS 2003 (203-1-19)
22. SUBJECT: Temporary Use Permit — Paradise Creek Educational
Park — Dia de los Muertos. (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 Parra, to
approve staff's recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS 2003 (203-1-19)
23. SUBJECT: Temporary Use Permit — Seafood City Supermarket -
Filipino -Mexican Grand Karaoke Competition. (Building & Safety)
RECOMMENDATION: Staff recommended approval of the TUP
subject to compliance with all conditions of approval.
Book 85/Page 240
10/7/03
NEW BUSINESS (cont.)
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Ungab, to
approve staff's recommendation. Carried by unanimous vote.
N.C. BOARDS AND COMMISSIONS (101-01-01)
24. Councilman Natividad requested discussion regarding formation of a
new Advisory Board named "Military, Civic and Special Events
Advisory Board." (Council initiated)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: No action was taken.
N.C. BOARDS AND COMMISSIONS (101-01-01)
25. Councilman Natividad requested discussion regarding the Boards and
Commission members' absences. (Council initiated)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: No action was taken.
NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18)
26. SUBJECT: Councilman Natividad requesting exploring the
possibility of amending the National City Municipal Code regarding
environmental illegal dumping. (Council initiated).
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: Staff was requested to acquire a copy of a letter
from Los Angeles dealing with environmental dumping.
COMMUNITY PROMOTION (102-1-3)
27. SUBJECT: Report on Miss National City. (City Attorney)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: No action was taken.
STAFF - No Report.
Book 85/Page 241
10/7/03
MAYOR AND CITY COUNCIL
Mayor Inzunza reported that progress is being made on National City having
a Council representative on the San Diego County Water Authority.
CLOSED SESSION
Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation pursuant to Government Code Section 54956.9(c)
(One potential case)
ACTION: Motion by Morrison, seconded by Inzunza, to go into
Closed Session.
Members left the Chamber at 7:41 p.m.
ADJOURNMENT
The Next Regular Meeting of the City Council will be held on October 21,
2003, at 6:00 p.m., Council Chambers, Civic Center.
The meeting closed at 9:40 p.m.
CIT LERK
The foregoing minutes were approved at the Regular Meeting of October 21,
2003.
CITY OF NATIONAL CITY
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