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HomeMy WebLinkAbout2003 10-21 CC MINBook 85/Page 242 10/21/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 21, 2003 The Regular Meeting of the City Council of the City of National City was called to order at 6:06 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Condon, Dalla, Diaz, 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 Reverend Horton. APPROVAL OF MINUTES Motion by Morrison, seconded by Ungab, the Minutes of the Adjourned Meeting of September 16, 2003, Special Meeting of September 30, 2003, and Regular Meeting of October 7, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Terry Hanks, National City, objected to the make-up and authority of the Community and Police Relations Commission. Leticia Ayala, representing the Environmental Health Coalition, congratulated and thanked the City on its efforts to prevent childhood lead poisoning. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) Employee Recognition — William Strasen (20 years of service) was recognized and awarded a service pin commemorating his years of service to the city. Book 85/Page 243 10/21/03 PRESENTATIONS (cont.) PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) Employee of the Month Program — Andrew Hoskinson, Planning Department. 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: Mayor Inzunza presented his slate of appointees to the Community and Police Relations Commission: N.C. POA Rep.: Thomas Wilkins, Residents: Samuel Arroyo Jr., Allen R. Bailey, Jerry Cano, Craig S. Prior, Judith de los Santos, William J. Sendt, Non Residents: Joseph Gonzales. TESTIMONY: Terry Hanks, National City, objected to the appointment of a police officer to the Community and Police Relations Commission. Christian Ramirez, National City, representing the American Friends Service Committee, urged that appointees represent the diversity of the community. ACTION: Councilman Morrison, recommended that National City resident Allen Bailey be appointed in place of non-resident Bill Kinney. Mayor Inzunza accepted the recommendation. Motion by Parra, seconded by Morrison, to approve the amended slate of appointees as submitted by the Mayor. Carried by unanimous vote. PUBLIC HEARING NATIONAL CITY MUNICIPAL CODE (506-2-18) 2. Continued 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 of the proposed amendments. TESTIMONY: Nancy Garcia, National City, spoke against more alcohol. Ashley Block, National City, spoke against more alcohol. Book 85/Page 244 10/21/03 PUBLIC HEARING (cont.) PARKING DISTRICT ADM (801-1-1) Darryl Gorham, National City, spoke against the proposed amendment. George Cameron, withdrew his request to speak. John Smaha, Coronado, representing the Edwards Family, spoke in favor of the proposed amendment but expressed concern about some of its provisions. Dawn Wirts, National City, spoke against the amendment. Carlos Salazar, National City, spoke against the amendment. Viviana Preciado, National City, spoke against the amendments. Frank Lopez, National City, representing the National City Alcohol Tobacco and Other Drugs (NCATOD), spoke in favor of continuing the item in order to implement recommended changes submitted to the Mayor and Council. ACTION: Motion by Inzunza, seconded by Parra, to continue this item to November 18th; direct staff to consider all comments and written recommendations, and report findings and recommendations. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item Nos. 4 through 6 (Resolution Nos. 2003-148 through 2003-150), and Item Nos. 14 and 15 (Warrant Registers). Motion by Parra, seconded by Inzunza, to pull Item Nos. 6 (re -number as Item No. 9A), 7 and 8, and the remainder of the Consent Calendar be approved. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 3. 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. Book 85/Page 245 10/21/03 CONSENT CALENDAR (cont.) GRANT / LAW ENFORCEMENT (302-1-2) 4. Resolution No. 2003-148. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT." (Police) ACTION: Adopted. See above. VARIANCES 2003 (409-1-35) 5. Resolution No. 2003-149. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A VARIANCE FOR A COVERED PATIO IN THE FRONT YARD SETBACK OF THE AMERICAN LEGION BUILDING AT 35 EAST 18TH STREET. APPLICANT: AMERICAN LEGION POST 255. (CASE FILE NO. Z-2003-4)." (Planning) ACTION: Adopted. See above. GENERAL PLAN 2003 (405-8-4) 6. Resolution No. 2003-150. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING FROM CL TO RS-2 FOR APPROXIMATELY 1.06 ACRES AT THE SOUTHEAST CORNER OF EAST 8TH STREET AND N AVENUE. (APPLICANT: CITY INITIATED) (CASE FILE NOS. GP-2003-3, ZC-2003-2)." (Planning) Refer to Item No. 10 ACTION: This item was re -numbered and taken up as Item No. 9A. WARRANT REGISTER 2003 (202-1-18) 7. Warrant Register No. 14. Ratification of Demands in the amount of $888,947.55. (Finance) ACTION: This item was taken up later in the meeting. WARRANT REGISTER 2003 (202-1-18) 8. Warrant Register No. 15. Ratification of Demands in the amount of $462,567.00. (Finance) RECOMMENDATION: Staff recommended the warrant be ratified. Book 85/Page 246 10/21/03 CONSENT CALENDAR (cont.) WARRANT REGISTER 2003 (202-1-18) TESTIMONY: Councilmember Natividad inquired about the purchase of an airline ticket. ACTION: This item was taken up later in the meeting. NON CONSENT RESOLUTIONS COUNCIL POLICY MANUAL (102-13-1) 9. Resolution No. 2003-151 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING COUNCIL POLICY NO. 204 TO THE CITY COUNCIL POLICY MANUAL TO ESTABLISH A CITY DONATION ACCEPTANCE POLICY. (City Attorney and Finance) RECOMMENDATION: Staff recommended approval and consideration of any additional provisions to be included in the policy. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve. Carried by unanimous vote. GENERAL PLAN 2003 (405-8-4) 9a. Resolution No. 2003-150. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING FROM CL TO RS-2 FOR APPROXIMATELY 1.06 ACRES AT THE SOUTHEAST CORNER OF EAST 8TH STREET AND N AVENUE. (APPLICANT: CITY INITIATED) (CASE FILE NOS. GP-2003-3, ZC-2003-2)." (Planning) Refer to Item No. 10 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE (506-2-18) 10. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM CL Book 85/Page 247 10/21/03 ORDINANCES FOR INTRODUCTION (cont.) TO RS-2 AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE. APPLICANT: CITY INITIATED. (CASE FILE NOS. GP-2003-3, ZC-2003-2)." (Planning) Refer to Item No. 6 Mayor Inzunza left the chamber at 7:32 p.m. OLD BUSINESS KIMBALL PARK (702-1-1) LAS PALMAS PARK (702-3-4) EL TOYON PARK (702-6-1) 11. SUBJECT: Park Security. (Parks & Recreation) RECOMMENDATION: Staff recommended that the park security function be brought in-house. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to bring park security function in-house. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. Mayor Inzunza returned to the Chamber at 7:36 p.m. NEW BUSINESS PERSONNEL ADM (604-6-1) 12. SUBJECT: 9/80 Work Schedule — Request for Concept Approval. (City Manager) RECOMMENDATION: Staff recommended approval of the 9/80 Concept Plan, and requested authorization for staff to complete the planning effort and return with a final implementation plan. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, to proceed to the next step. Carried by unanimous vote. LAND USE CODE AMENDMENTS ADM (405-6-1) 13. SUBJECT: Amendment to Appendix D of the Land Use Code regarding wireless communications facilities, public agency water storage tanks, and reservoirs for potable water. (Applicant: Cingular Book 85/Page 248 10/21/03 NEW BUSINESS (cont) LAND USE CODE AMENDMENTS ADM (405-6-1) Wireless) (Case File No. A-2003-3) (Planning) Refer to Item No. 14 RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended denial of the proposed Amendment to Appendix D of the Land Use Code. TESTIMONY: Shelly Kilborn, representing Cingular Wireless, spoke in favor and responded to questions. ACTION: Motion by Natividad, seconded by Morrison, to approve staffs recommendation. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: Ungab. Councilman Ungab abstained because he is employed by the telephone company. CONDITIONAL USE PERMITS (403-18-1) 14. SUBJECT: Notice of Decision — Approval of a Conditional Use Permit for a wireless communications facility at 5800 Boxer Road. (Applicant: Cingular Wireless) (Case File No. CUP-2003-16) (Planning) Refer to Item No. 13 RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Shelly Kilborn, representing Cingular Wireless, spoke in favor and responded to questions. ACTION: Motion by Parra, seconded by Natividad, to file. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: Ungab. Councilman Ungab abstained because he is employed by the telephone company. CONDITIONAL USE PERMITS (403-18-1) 15. SUBJECT: Notice of Decision — Approval of a Conditional Use Permit for a private event hall at 1830 Sweetwater Rd. in the Sweetwater Town and Country Shopping Center. (Applicant: BBB, Inc.) (Case File No.: CUP-2003-21) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. Book 85/Page 249 10/21/03 NEW BUSINESS (cont) CONDITIONAL USE PERMITS (403-18-1) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to set for a public hearing at the next meeting. Carried by unanimous vote. CONDITIONAL USE PERMITS (403-18-1) 16. SUBJECT: Notice of Decision — Approval of a Conditional Use Permit for a replacement of the existing Jack in the Box restaurant at 1745 Highland Avenue with a new building and a variance for a 24- foot wide drive aisle. (Applicant: Lyons, Warren & Associates) (Case File No.: CUP-2003-17/Z-2003-9) (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 Natividad, seconded by Morrison, to file. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 17. SUBJECT: Temporary Use Permit — Walmart — Temporary Trailer. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval and limit the duration to one year per Council Policy 704. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve the TUP with the added condition that any graffiti be removed immediately. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 18. SUBJECT: Temporary Use Permit — Sweetwater High School — Homecoming Fireworks Display. (Building & Safety) RECOMMENDATION: Staff recommended approval of the TUP subject to compliance with all conditions of approval and grant the waiver of fees except for the $320 for the School Resource Officers. Book 85/Page 250 10/21/03 NEW BUSINESS (cont) TEMPORARY USE PERMITS 2003 (203-1-19) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2003 (203-1-19) 19. SUBJECT: Temporary Use Permit — Sweetwater Town & Country Merchants — Fabulous 50's. (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve staffs recommendation. Carried by unanimous vote. MAYOR AND CITY COUNCIL 20. SUBJECT: Discussion of the Neighborhood Community Breakfast Meeting on October 25, 2003. (Council initiated) RECOMMENDATION: None. TESTIMONY: None. ACTION: XX Item Nos. 8 and 7, respectively, were taken up next. WARRANT REGISTER 2003 (202-1-18) 8. Warrant Register No. 15. Ratification of Demands in the amount of $462,567.00. (Finance) RECOMMENDATION: Staff recommended the warrant be ratified. TESTIMONY: Councilmember Natividad inquired about Warrant # 86483 for reimbursement for the purchase of an airline ticket. ACTION: Motion by Natividad, seconded by Inzunza, the warrant be ratified. Carried by unanimous vote.. WARRANT REGISTER 2003 (202-1-18) 7. Warrant Register No. 14. Ratification of Demands in the amount of $888,947.55. (Finance) RECOMMENDATION: Staff recommended the warrant be ratified. Book 85/Page 251 10/21/03 NEW BUSINESS (cont) WARRANT REGISTER 2003 (202-1-18) TESTIMONY: Councilmember Natividad inquired about Warrant # 186393 for reimbursement for the Hispanic Chamber Convention. ACTION: Motion by Natividad, seconded by Inzunza, the warrant be ratified. Carried by unanimous vote. Councilman Morrison presented refund checks totaling $40,649 from the Regional Solid Waste Association (RSWA) Board to be used for Household Hazardous Waste. Councilman Natividad distributed a flyer for a trip to China. Councilman Natividad advised the Council that Casa Salud is in need of painting and needs new chairs with armrests. Vice Mayor Parra reminded everyone about the upcoming Community Breakfast and Neighborhood Clean-up. CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (One potential case) Public Employee Performance Evaluation — Government Code Section 54957. Title: Acting City Manager ACTION: Motion by Morrison, seconded by Inzunza, to go into Closed Session. Members left the Chamber at 8:12 p.m. ADJOURNMENT The meeting was adjourned to the Community Breakfast to be held at 8:30 a.m., October 25, 2003 in the Martin Luther King Community Center. Book 85/Page 252 10/21/03 ADJOURNMENT (cont.) The Next Regular Meeting of the City Council will be held on Tuesday, November 4, 2003, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:12 p.m. CITY ERK The foregoing minutes were approved at the Regular Meeting of November 11, 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.