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Home My WebLink About2004 01-06 CC MINBook 86/Page 1 1/6/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 6, 2004 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, 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 Reverend De La Mora. APPROVAL OF MINUTES Motion by Morrison, seconded by Parra, the Minutes of the Regular Meeting of December 16, 2003, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS — None. PUBLIC HEARING NATIONAL CITY MUNICIPAL CODE (506-2-18) 1. A Public Hearing to consider the extension of 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; approval of report describing measures taken to alleviate the condition which led to the adoption of the Ordinance. (City Attorney) Refer to Item No. 9 RECOMMENDATION: Staff recommended the public hearing be held and the report be approved. Book 86/Page 2 1/6/04 PUBLIC HEARING (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-18) TESTIMONY: Frank Lopez, National City, spoke in favor of extending the Ordinance. Louis Wolfsheimer, San Diego, representing USA Checks Cashing, spoke in favor of adding wording to the proposed Ordinance that would exempt the site at 16th Street and Highland Avenue. Jeffery Silverman, San Diego, owner of USA Checks Cashing, spoke in favor of exempting his development and responded to questions. ACTION: Motion by Inzunza, seconded by Natividad, to close the Public Hearing. Carried by unanimous vote. Motion by Inzunza, seconded by Ungab, to approve the report. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Ungab. Nays: Parra. Absent: None. Abstain: None. Item No. 9, Ordinance for Adoption, was taken up next. ORDINANCE FOR ADOPTION NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 9. "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING 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 Inzunza, seconded by Ungab, to introduce the Ordinance by title only. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Ungab. Nays: Morrison, Parra. Absent: None. Abstain: None. Motion by Inzunza, seconded by Ungab, to approve the Ordinance with suggested change that would exempt the project at 16th and Highland. Motion failed by the following vote, to -wit: Ayes: Book 86/Page 3 1/6/04 ORDINANCE FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) Inzunza, Natividad, Ungab. Nays: Morrison, Parra. Absent: None. Abstain: None. (Needed 4/5 vote) Motion by Morrison, seconded by Parra, to approve the Ordinance and expedite the process with the subcommittee. Motion failed by the following vote, to -wit: Ayes: Morrison, Parra. Nays: Inzunza, Natividad, Ungab. Absent: None. Abstain: None. Motion by Inzunza, seconded by Ungab, to approve Ordinance No. 2004-2238 with suggested change that would exempt the project at 16th and Highland. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Ungab. Nays: Parra. Absent: None. Abstain: None. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item Nos. 3 and 4 (Resolution Nos. 2004-1 and 2004-2), and Item Nos. 5 and 6 (Warrant Registers). Motion by Morrison, seconded by Natividad, the Consent Calendar be approved. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2003 (506-2-18) 2. 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: Approved. See above. CONTRACT (C2004-1) 3. Resolution No. 2004-1. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MAXIMUS TO PROVIDE THE CITY WITH COST OF SERVICES FEE ANALYSIS." (Building & Safety) ACTION: Adopted. See above. Book 86/Page 4 1/6/04 CONSENT CALENDAR (cont.) STREET VACATION (902-26-1) 4. Resolution No. 2004-2. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE THE 15 FOOT NORTHERLY PORTION OF 15TH STREET BETWEEN NATIONAL CITY BOULEVARD AND KIMBALL PARK (CASE FILE NO. SC-2003- 2)." (Planning) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-18) 5. Warrant Register No. 24. Ratification of Demands in the amount of $899,019.32. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-18) 6. Warrant Register No. 25. Ratification of Demands in the amount of $588,889.82. (Finance) ACTION: Ratified. See above. NON CONSENT RESOLUTION CONDITIONAL USE PERMITS 2004 (403-19-1) 7. Resolution No. 2004-3. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT FOR A CHURCH AT 833 EAST 8TH STREET. (APPLICANT: OCTAVIANO CABRERA — MISIONES EL SHADAI) (CASE FILE NO. CUP-2003-18)." (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. ORDINANCE FOR ADOPTION NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 8. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT Book 86/Page 5 1/6/04 ORDINANCE FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 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)." (Community Development Commission) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to adopt Ordinance No. 2004-2237. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 9. "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING 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 earlier in the meeting. NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 10. "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.19 PERTAINING TO THE SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to adopt Ordinance No. 2004-2239. Carried by unanimous vote. NEW BUSINESS N.C. COMMUNITY CENTER (1101-5-1) 11. SUBJECT: Request by the National City Chamber of Commerce to serve alcohol at their annual dinner. (Public Works) RECOMMENDATION: None. Book 86/Page 6 1/6/04 NEW BUSINESS (cont.) N.C. COMMUNITY CENTER (1101-5-1) TESTIMONY: Frank Lopez, National City, representing National City Alcohol, Tobacco and Other Drugs (NCATOD), stated his organization is neutral on the request. ACTION: Motion by Parra, seconded by Ungab, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 12. SUBJECT: Temporary Use Permit — San Diego Academy — RV parking during construction. (Building & Safety) RECOMMENDATION: Staff recommended approval of the Temporary Use Petinit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: Pearl Quinonis, 3009 E. 6th St., spoke in opposition. An unnamed speaker appeared on behalf of San Diego Union Academy and responded to questions. ACTION: Motion by Inzunza, seconded by Natividad, to deny the TUP. Carried by unanimous vote. REVENUE AND TAXATION ((205-2-1) 13. SUBJECT: Report on latest shifts in State VLF funding. (City Manager) RECOMMENDATION: Accept and file. TESTIMONY: None. ACTION: Accepted and filed. STAFF — No Report. MAYOR AND CITY COUNCIL Councilmember Natividad thanked the Chamber of Commerce for the Holiday Bowl float; reported that he will be having dinner after the meeting at Cafe La Maze; thanked staff for adopting needy families during Christmas; acknowledged the Police Chief for working Christmas Eve; and recognized National City Port Commissioner Jess Van Deventer for his service as Board Chairman during the past year. Book 86/Page 7 1/6/04 MAYOR AND CITY COUNCIL (cont.) Vice Mayor Parra read a newspaper article about the success of the former Director of the National City Literacy Program; reported that he had been contacted about the possibility of lighting the Las Palmas Golf course and informed everyone about the planned neighborhood clean-up on Hoover Avenue this Saturday. Councilmember Morrison inquired about the status of the financial accounting for the Tamalada. Mayor Inzunza suggested that the Finance Director should be able to provide all the necessary information. Councilmember Morrison requested a report from the Director of the Miss National City Pageant; advised that the cities that previously signed on to the Wildlife Preservation Plan are being asked to provide funding and announced that the wife of La Mesa Mayor Art Madrid recently passed away. Councilmember Ungab expressed concern that family oriented activities and businesses have left the city and suggested that the El Toyon Recreation Center is in need of a face-lift. The meeting was adjourned in honor of Mrs. Adame and Mr. Danny Delgadillo. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council to be held on Tuesday, January 20, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 7:40 p.m. 1/eCITCLERK Book 86/Page 8 1/6/04 The foregoing minutes were approved at the Regular Meeting of January 20, 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.