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HomeMy WebLinkAbout2003 12-16 CC MINBook 85/Page 288 12/16/03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 16, 2003 The Regular Meeting of the City Council of the City of National City was called to order at 5:06 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, Trees. Others present: Ariana Finnell, Student Council representative. Pledge of Allegiance to the flag by Mayor Inzunza and invocation by Councilmember Natividad. APPROVAL OF MINUTES Motion by Morrison, seconded by Parra, the Minutes of the Regular Meeting of December 2, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS John Kirk, National City, reported on the National City Lion's Club's efforts to assist victims of the recent wildfires. Gilbert Martinelli, San Diego, appeared seeking information on the status of his son's murder investigation. PRESENTATION PERSONNEL RECOGNITION ADM (604-2-1) Employee Recognition — Irma Acedo. Annual Port of San Diego Update — Port Commissioner Jess Van Deventer. Book 85/Page 289 12/16/03 PROCLAMATIONS (102-2-1) A Proclamation proclaiming December 5, 2003 as: "Sharon L. Hudson Day." ACTION: Mayor Inzunza reported that the proclamations were previously presented. NO I B: The Public Hearings, Items Number 1 and 2, were deferred to the time certain of 6:00 p.m. or later. PUBLIC HEARING NATIONAL CITY MUNICIPAL CODE (506-2-18) 1. A Public Hearing to consider an Interim Ordinance adopted pursuant to Government Code Section 65858 as an urgency measure enacting a moratorium on the establishment of check cashing businesses and payday advance businesses in National City. (City Attorney) Refer to Item No. 24 ACTION: This item was taken up at the end of the meeting. PUBLIC HEARING CONDITIONAL USE PERMITS 2003 (403-18-1) 2. Public Hearing — Appeal of Planning Commission denial of a Conditional Use Permit for a church at 833 East 8th Street. (Applicant: Octaviano Cabrera — Missones El Shadai) (Case File No.: CUP-2003-18) (Planning) ACTION: This item was taken up at the end of the meeting. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item Nos. 4 through 17 (Resolution Nos. 2003-172 through 2003-185), Item Nos. 18 and 19 (Warrant Registers), and Item Nos. 20 and 21 (Claims for Damages).. Motion by Natividad, seconded by Morrison, Item No. 6 be pulled, the remainder of the Consent Calendar be approved, and the Claims for Damages be denied. Carried by unanimous vote. Book 85/Page 290 12/16/03 CONSENT CALENDAR (cont.) 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. CONTRACT (C91-21) 4. Resolution No. 2003-172. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 90-DAY EXTENSION TO AN AGREEMENT WITH METROPOLITAN TRANSIT BOARD FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS." (Police) ACTION: Adopted. See above. CONTRACT (C2003-55) 5. Resolution No. 2003-173. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PHASE II SYSTEMS TO PROVIDE SERVICES RELATIVE TO A PARS PENSION PLAN." (City Attorney) ACTION: Adopted. See above. CONTRACT (C2003-56) 6. Resolution No. 2003-174. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PHASE II SYSTEMS TO PROVIDE SERVICES RELATIVE TO A PARS PENSION PLAN." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. Book 85/Page 291 12/16/03 CONSENT CALENDAR (cont.) CONTRACT (C2003-57) 7. Resolution No. 2003-175. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING THE INSTALLATION OF ELECTRICAL POWER FOR THE FIRE DEPARTMENT'S TEMPORARY MODULAR BUILDINGS AN EMERGENCY, AUTHORIZING THE WAIVER OF THE BID PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JUDD ELECTRIC TO PERFORM THE SERVICES." (Public Works / Engineering) ACTION: Adopted. See above. CONTRACT (C2003-58) 8. Resolution No. 2003-176. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH THE DEPARTMENT OF THE NAVY FOR THE REMOVAL OF THE PEDESTRIAN BRIDGE OVER HARBOR DRIVE." (Public Works / Engineering) ACTION: Adopted. See above. CONTRACT (C2001-15) 9. Resolution No. 2003-177. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SUPPLEMENTAL AGREEMENT NUMBER ONE WITH TETRA TECH ASL, INC. TO PROVIDE THE CITY WITH ENGINEERING INSPECTION SERVICES TO INSTALL MISCELLANEOUS CONCRETE IMPROVEMENTS, SPECIFICATION NO. 03-5, AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS / ENGINEERING DEPARTMENT TO EXECUTE THE SUPPLEMENTAL AGREEMENT." (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2003-59) 10. Resolution No. 2003-178. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE Book 85/Page 292 12/16/03 CONSENT CALENDAR (cont.) CONTRACT (C2003-59) METROPOLITAN AREA ADVISORY COMMITTEE TO PROVIDE THE CITY WITH LEAD HAZARD CONTROL FOR THE HUD LEAD HAZARD CONTROL GRANT PROGRAM." (Building & Safety) ACTION: Adopted. See above. CONTRACT (C2003-60) 11. Resolution No. 2003-179. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ENVIRONMENTAL HEALTH COALITION TO PROVIDE THE CITY WITH PUBLIC OUTREACH FOR THE HUD LEAD HAZARD CONTROL GRANT PROGRAM." (Building & Safety) ACTION: Adopted. See above. HIGHWAY / FREEWAY ADM (803-4-1) 12. Resolution No. 2003-180. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FREEWAY DEFICIENCY PLAN FOR THE CENTRAL INTERSTATE 5 CORRIDOR." (Public Works / Engineering) ACTION: Adopted. See above. SUBDIVISION ADM (415-1-1) 13. Resolution No. 2003-181. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE PARADISE VALLEY FINAL SUBDIVISION MAP (S-2002-3, IS-200-10)." (Public Works / Engineering) ACTION: Adopted. See above. LOCAL COASTAL PROGRAM (405-5-1) 14. Resolution No. 2003-182. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE CLOSING OF Book 85/Page 293 12/16/03 CONSENT CALENDAR (cont.) LOCAL COASTAL PROGRAM (405-5-1) A 380-FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE FILE NO. CDP-2003-4)." (Planning) ACTION: Adopted. See above. STREET VACATION (902-26-1) 15. Resolution No. 2003-183. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF ORDER TO VACATE AND CLOSE A 380- FOOT LONG PORTION OF HARRISON AVENUE NORTH OF 23RD STREET (CASE FILE NO. SC-2003-1)." (Planning) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2003 (403-18-1) 16. Resolution No. 2003-184. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1920 SWEETWATER ROAD IN THE SWEETWATER THEATERS BUILDING IN THE SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: CORNERSTONE CHURCH) (CASE FILE NO. CUP-2003-20)." (Planning) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2003 (403-18-1) 17. Resolution No. 2003-185. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR 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) ACTION: Adopted. See above. Book 85/Page 294 12/16/03 CONSENT CALENDAR (cont.) WARRANT REGISTER 2003 (202-1-18) 18. Warrant Register No. 22. Ratification of Demands in the amount of $2,353,326.47. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2003 (202-1-18) 19. Warrant Register No. 23. Ratification of Demands in the amount of $197,069.13. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-147) 20. Claim for Damages: Sylvester Hall. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-147) 21. Claim for Damages: Allstate Insurance Company. (City Clerk) ACTION: Denied. See above. ORDINANCE FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 22. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.2 AND 33333.6(e)(2)." (City Attorney) ORDINANCES FOR ADOPTION NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 23. "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENA I E BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.2 AND 33333.6(e)(2)." (City Attorney) Book 85/Page 295 12/16/03 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt Ordinance No. 2003-2233. Carried by unanimous vote. Item Number 24 was deferred until after the Public Hearings. NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 24. "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY." (City Attorney) Refer to Item No. 1 ACTION: This item was taken up at the end of the meeting, after deferred Item No. 1 Public Hearing. NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 25. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 4.06 RELATING TO ADMINISTRATION AND COLLECTION, AND AMENDING TITLE 4, CHAPTER 4.24 PERTAINING TO SALES TAX, CHAPTER 4.32 PERTAINING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 6, CHAPTER 6.04 RELATING TO BUSINESS TAXES." (Finance) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt Ordinance No. 2003-2234. Carried by unanimous vote. Book 85/Page 296 12/16/03 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 26. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 BY ADDING CHAPTER 10.43 TO THE NATIONAL CITY MUNICIPAL CODE CONCERNING ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES, AND REQUIRING REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to adopt Ordinance No. 2003-2235. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 27. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (ZONING), CHAPTERS 18.16 AND 18.71 REGARDING THE SALE OF ALL ALCOHOLIC BEVERAGES (APPLICANT: CITY INITIATED) (CASE FILE NO.: A-2003-1)." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to adopt Ordinance No. 2003-2236. Carried by the following vote, to - wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad, Ungab. Absent: None. Abstain: None. Councilman Ungab stated for the record that he opposed the portion of the Ordinance dealing with restaurants. NEW BUSINESS TEMPORARY USE PERMITS 2003 (203-1-19) 28. SUBJECT: Temporary Use Permit — Iglesia La Luz Del Mundo — New Year's Eve Service. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. Book 85/Page 297 12/16/03 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2003 (203-1-19) TESTIMONY: None. ACTION: Motion by Councilman Natividad to deny. Motion died for lack of a second. Motion by Morrison, seconded by Parra, to approve staff's recommendation, and grant the waiver of fees only if clean-up of activity is done by 1:00 a.m., otherwise fees will not be waived. 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) 29. SUBJECT: Temporary Use Permit — Boys and Girls Club — Annual Director's Dinner with the sale of beer and wine. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of all fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve staff' s recommendation, and grant the waiver of all fees. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 30. SUBJECT: Discussion of amortization of existing check cashing and paycheck advance businesses in redevelopment project area. (Council initiated) RECOMMENDATION: Mayor Inzunza recommended establishing a select committee to consider the merits of amortizing existing check cashing establishments within the redevelopment area. TESTIMONY: Louis Wolfsheimer, attorney representing USA Checks Cashed, inquired about how the committee would function. ACTION: Mayor Inzunza and Councilman Morrison were appointed to serve on the select committee. There was no vote. Book 85/Page 298 12/16/03 NEW BUSINESS (cont.) DONATION OF EQUIPMENT (209-1-3) 31. SUBJECT: Discussion of donation to City of National City by Bible Baptist Church. (Council Initiated) RECOMMENDATION: None. TESTIMONY: The Pastor of Bible Baptist Church (no name given) explained the intent of the church donation of $2000 is to help fire victims in whatever way needed. ACTION: No action taken. STAFF — None. MAYOR AND CITY COUNCIL Councilman Natividad inquired if the Police Department prepared an annual report; said he supports the Tamalada event at the Community Center because it involves 99% National City people and no City money was spent but that he would not support such events in the future unless advised in advance. Councilman Natividad said that he supports and enjoys having dinners after the Council meeting and would continue to do so. Vice Mayor Parra expressed pride in serving for the past year and sincere appreciation to the staff for making it a very rewarding and productive year. Mayor Inzunza apologized for not giving sufficient notice to the Council for the Tamalada event and explained that it was a last minute opportunity to have a worthwhile community event. Councilman Morrison extended congratulations to the Council and Mayor for their first year and stated that after eleven years, he continues to enjoy the opportunity to serve the community. Mr. Morrison requested that there be financial disclosure and accounting for the Tamalada and all future events that include the use of the City's name, facilities or finances. Councilman Morrison also requested that staff bring back all the existing policies on the use of public facilities and how the TUP's are processed and approved. Book 85/Page 299 12/16/03 MAYOR AND CITY COUNCIL (cont.) Councilman Ungab said he wants only positive news and a positive image for National City. Mr. Ungab said there are many positive things going on in the City and that staff are the ones making everything possible and expressed his appreciation to them and the people for their patience. Student representative Ariana Finnell, pointed out an error on the agenda regarding the date of the next meeting. A recess was called at 6:11 p.m. The meeting reconvened at 6:21 p.m. All members were present. Item No. 1, Public Hearing, was taken up next. PUBLIC HEARINGS NATIONAL CITY MUNICIPAL CODE (506-2-18) 1. A Public Hearing to consider an Interim Ordinance adopted pursuant to Government Code Section 65858 as an urgency measure enacting a moratorium on the establishment of check cashing businesses and payday advance businesses in National City. (City Attorney) Refer to Item No. 24 RECOMMENDATION: None. TESTIMONY: Louis Wolfsheimer, an attorney representing USA Checks Cashed, spoke in opposition to including his client's property under the provisions of the Interim Ordinance. Jeff Silverman, San Diego, owner of USA Checks Cashed, spoke in favor of excluding the property at 16th and Highland. ACTION: Motion by Inzunza, seconded by Parra, to close the Public Hearing. Carried by unanimous vote Item No. 24, Ordinance for Adoption, was taken up next. ORDINANCE FOR ADOPTION NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 24. "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY Book 85/Page 300 12/16/03 ORDINANCE FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) MEASURE ENACTING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY." (City Attorney) Refer to Item No. 1 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Inzunza, to adopt the Ordinance with amended wording, to exclude from the Ordinance existing projects with demo permits issued by December 2°1. Motion failed by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra. Nays: Morrison, Ungab. Absent: None. Abstain: None. Motion by Inzunza, seconded by Parra, to continue this item to the January 6th meeting. Carried by unanimous vote. Item No. 2, Public Hearing, was taken up next. PUBLIC HEARING CONDITIONAL USE PERMITS 2003 (403-18-1) 2. Public Hearing — Appeal of Planning Commission denial of a Conditional Use Permit for a church at 833 East 8th Street. (Applicant: Octaviano Cabrera — Missones El Shadai) (Case File No.: CUP-2003-18) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended denial of the Conditional Use Permit. TESTIMONY: Octaviano Cabrera, the applicant, spoke in favor of the CUP. ACTION: Motion by Morrison, seconded by Parra, to deny the appeal and approve the Planning Commission's action with findings. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra. Nays: Inzunza, Ungab. Absent: None. Abstain: None. Book 85/Page 301 12/16/03 ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council to be held on Tuesday, January 6, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 7:06 p.m. The foregoing minutes were approved at the Regular Meeting of January 6, 2004. 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.