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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 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.