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Home My WebLink About2003 11-18 CC MINBook 85/Page 263 11/18/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 18, 2003 The Regular Meeting of the City Council of the City of National City was called to order at 6:05 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Condon, Dalla, Diaz, Eiser, Kirkpatrick, Morse, Pauu, Post. Pledge of Allegiance to the flag by Mayor Inzunza and invocation by Rev. Robert Rodriguez. APPROVAL OF MINUTES Motion by Parra, seconded by Inzunza, the Minutes of the Regular Meeting of November 11, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Robert Dominguez, National City, invited the Mayor, Council and community to a free Thanksgiving Dinner at Lincoln Acres School on November 22nd, sponsored by National City Apostolic Church. PRESENTATIONS PERSONNEL RECOGNITION ADM (604-2-1) Employee of the Month Program - Robert Drew. PROCLAMATIONS (102-2-1) A Proclamation proclaiming November 11, 2003 as: "Buddy Poppy Day." ACTION: Mayor Inzunza reported that the proclamation was previously presented. The Consent Calendar was taken up next. Book 85/Page 264 11/18/03 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 2 through 6 (Resolution Nos. 2003-157 through 2003-161), Item No. 7 (Status Report on airspace ground sublease), Item No. 8 (Request to schedule Public Hearing), Item No. 9 (Warrant Register), Item No. 10 (Consolidated Cash and Investment Report), and Item No. 11 (Claim for Damages). Motion by Natividad, seconded by Ungab, to pull Item Nos. 2, 5, and 7, the remainder of the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. CONTRACT (C86-47) 2. Resolution No. 2003-157. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF THE CITY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES." (Fire) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Ungab, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Ungab. Nays: None Absent: None. Abstain: Parra. Vice Mayor Parra abstained because he works for a competing medical response provider. CONTRACT (C2003-45) 3. Resolution No. 2003-158. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MUNICIPAL AUDITING SERVICES, LLC TO PROVIDE OUTSIDE AUDIT SERVICES OF BUSINESS LICENSE REVENUES." (Finance) ACTION: Adopted. See above. Book 85/Page 265 11/18/03 CONSENT CALENDAR (cont.) CONTRACT (C2003-46) 4. Resolution No. 2003-159. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILLING / TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-2005." (Public Works / Engineering) ACTION: Adopted. See above. CONTRACT (C2003-47) 5. Resolution No. 2003-160. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ADVANCED ENVIRONMENTAL SERVICES, INC. TO UPGRADE THE UNDERGROUND FUEL STORAGE TANKS AT THE PUBLIC WORKS' YARD FUEL FACILITY (Engineering Spec. 03-4)." (Engineering) RECOMMENDATION: Staff recommended no action be taken at this time. TESTIMONY: None. ACTION: No action taken. CONTRACT (C2003-48) 6. Resolution No. 2003-161. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KATZ, OKITSU & ASSOCIATES TO PROVIDE DESIGN SERVICES FOR AN UNDERGROUND FIBER OPTIC CABLE CONNECTION BETWEEN THE CIVIC CENTER AND THE FIRE STATION AT 16TH STREET AND D AVENUE." (Public Works / Engineering) ACTION: Adopted. See above. Book 85/Page 266 11/18/03 CONSENT CALENDAR (cont.) CA DEPT OF TRANSPORTATION (CALTRANS) (802-5-1) 7. SUBJECT: Status report on airspace ground sublease with Operation Samahan and United States Institute of Amateur Athletics (USIAA) for the airspace located near the interchange of Highway 805, Palm Avenue and division Street "The Bridge Project." (Public Works / Engineering) RECOMMENDATION: Staff recommended to accept and file report. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to accept and file report. Carried by unanimous vote. HIGHWAY / FREEWAY ADM (803-4-1) 8. SUBJECT: Request to schedule a Public Hearing at 6:00 p.m. on December 2, 2003 to consider approval of the Freeway Deficiency Plan for the Central Interstate 5 Corridor Study. (Public Works / Engineering) ACTION: Approved. See above. WARRANT REGISTER 2003 (202-1-18) 9. Warrant Register No. 20. Ratification of Demands in the amount of $1,218,554.92. (Finance) ACTION: Ratified. See above. FINANCIAL MGMT 2003 (204-1-18) 10. SUBJECT: Consolidated Cash and Investment Report as of August 31, 2003. (Finance) ACTION: Approved. See above. CLAIMS (501-1-147) 11. Claim for Damages: Fletcher West. (City Clerk) ACTION: Denied. See above. Book 85/Page 267 11/18/03 CONSENT CALENDAR (cont.) Item No. 1 was taken up next. PUBLIC HEARING NATIONAL CITY MUNICIPAL CODE (506-2-18) 1. 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 or provide direction on additional changes. TESTIMONY: Nancy Garcia, National City, spoke in opposition. John Smaha, Coronado, representing the Trophy Lounge, requested that a letter from his bank be included in the record and encouraged that flexibility be built into the proposed amendments. Dawn Wirts, National City, spoke in opposition. Carlos Salazar, National City, spoke in opposition. Darryl Gorham, National City, spoke in opposition. Guille Coronado, National City, spoke in opposition. Frank Lopez, National City, spoke in opposition. ACTION: Mayor Inzunza read four recommendations for Council consideration: 1) Clarify the definition of "school" in the Ordinance to be public schools K through 12 as it relates to the 660 feet prohibition for alcohol; 2) Exempt Specific Plan areas from the 660 feet rule; 3) The City should adopt an Ordinance that will hold the adult in charge of a residence liable for any underage drinking occurring at the residence; 4) Require an applicant for a alcohol license to organize a community meeting prior to their request going to public hearing. Councilman Morrison submitted two additional proposals: 1) The only businesses exempt from the 660 feet rule be non fast-food or drive -through restaurants with minimum seating for 40 people serving alcohol with food; and 2) The CUP notification requirements for businesses serving alcohol be increased to 660 feet. CONSENT CALENDAR (cont.) Motion by Inzunza, seconded by Parra, that the Ordinance be amended to clearly define a school to be a public school K through 12th grade for application of the 660 feet rule. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. Councilman Natividad later requested that the record reflect that he voted in favor of the motion. Motion by Inzunza that Specific Plan areas be exempt from the 660-foot rule. Motion died for lack of a second. Motion by Inzunza, seconded by Parra, that the City adopt an Ordinance similar to Oceanside and San Diego that holds the adult in charge of a residence responsible for any under age drinking that occurs at the residence. Carried by unanimous vote. Motion by Inzunza, seconded by Natividad, to mandate an applicant hold a noticed community meeting prior to applying for a license. Carried by unanimous vote. Motion by Morrison to exempt from the 660-foot rule, restaurants that are not fast-food or drive -through with a minimum seating of 40 people. Motion died for lack of a second. Motion by Morrison, seconded by Inzunza, the CUP notification requirements for establishments serving alcohol be increased to 660 feet. Carried by unanimous vote. NON CONSENT RESOLUTION COMMUNITY DEVELOPMENT COMMISSION (406-2-9) 12. Resolution No. 2003-162. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ADDENDUM TO THE NATIONAL CITY WAL-MART CERTIFIED ENVIRONMENTAL IMPACT REPORT." (Public Works / Engineering) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve. Carried by unanimous vote. Book 85/Page 268 11/18/03 Book 85/Page 269 11/18/03 It was requested that the items approved under the Public Hearing, Item No. 1, be clarified. The actions taken under Public Hearing, Item No. 1, were restated by the City Clerk. ACTION: Motion by Morrison, seconded by Inzunza, the Public Hearing — Amendment to Title 18 (Zoning) regarding the sale of Alcoholic beverages be re -opened. Carried by the following vote, to - wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad, Ungab. Absent: None. Abstain: None. Motion by Morrison, seconded by Inzunza, that Specific Plan areas be exempt from the 660-foot rule. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad, Ungab. Absent: None. Abstain: None. It was clarified that the Ordinance, as amended, would be presented for first reading at the December 2nd Council meeting. NEW BUSINESS SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMITS 2003 (403-18-1) 13. SUBJECT: Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for six condominiums at 228 Palm Avenue (Applicant: Ingenuity Engineering Corporation) (Case File Nos. S-2001-1/CUP-2000-7). (Planning) RECOMMENDATION: Staff recommended that the expiration date for Tentative Map S-2001-1 be extended for eight months to August 18, 2004. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve staffs recommendation. Carried by unanimous vote. CONDITIONAL USE PERMITS 2003 (403-18-1) 14. SUBJECT: Notice of Decision — Denial of a Conditional Use Permit for a church at 833 East 8th Street (Applicant: Octaviano Cabrera — Missiones El Shadai) (Case File No. CUP-2003-18). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. Book 85/Page 270 11/18/03 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2003 (403-18-1) TESTIMONY: None. ACTION: It was reported that a proper written appeal had been filed, and the item would be set for a Public Hearing. Mayor Inzunza left the Chamber at 7:05 p.m. CONDITIONAL USE PERMITS 2003 (403-18-1) 15. SUBJECT: Notice of Decision — Approval of a Conditional Use Permit for an expansion of the Ralph's Shopping Center at the northeast corner of Plaza Boulevard and Euclid Avenue and a variance for two freestanding signs in a 20-foot setback area (Applicant: Evergreen Devco, Inc) (Case File No.: CUP-2003-19/Z- 2003-8) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Rubin Garbits, appeared on behalf of the development company for Walgreen's and responded to questions. ACTION: Motion by Morrison, seconded by Natividad, the item be set for Public Hearing on December 2, 2003, if possible. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra. Nays: Ungab. Absent: Inzunza. Abstain: None. Mayor Inzunza left the chamber during consideration of Item No. 15. STAFF City Attorney Eiser advised the Council that there would be a Closed Session scheduled for the City Manager selection process. MAYOR AND CITY COUNCIL Councilman Morrison reported on the practices of the County in not budgeting their share of the cost for household hazardous waste. Book 85/Page 271 11/18/03 MAYOR AND CITY COUNCIL (cont.) Vice Mayor Parra expressed interest in finding a way to put the two existing fire department paramedics to work as paramedics. CLOSED SESSION Public Employee Performance Evaluation — Government Code Section 54957. Title: Acting City Manager ACTION: Motion by Parra, seconded by Morrison, to go into Closed Session. Carried by unanimous vote. Absent: Inzunza. Members left the Chamber at 7:15 p.m. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council to be held on Tuesday, December 2, 2003, at 6:00 p.m., Council Chambers, Civic Center. The foregoing minutes were approved at the Regular Meeting of December 2, 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.