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HomeMy WebLinkAbout2004 03-16 CC MINBook 86/Page 51 3/16/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 16, 2004 The Regular Meeting of the City Council of the City of National City was called to order at 6:02 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Condon, Dalla, Diaz, Eiser, Hodges, Hyland, Kirkpatrick, Pauu, Post, Trees, Zamary, Zapata. Pledge of Allegiance to the flag by Mayor Inzunza and invocation by Reverend Sergio. Public Oral Communications was taken up next. PUBLIC ORAL COMMUNICATIONS Craig Prior, National City, a member of the Community and Police Relations Commission, offered his services as counsel for the commission. Rose Zavala and Barbara Ibaibarriaga, National City, expressed their concern and frustration with homeless people in their neighborhood. Item No. 12 was taken up next. NEW BUSINESS POLICE DEPT ADMIN (302-4-1) 12. SUBJECT: Discussion of JC Penney incident of November 14, 2003. (Council initiated) RECOMMENDATION: None. TESTIMONY: Everett Bobbitt, San Diego, representing the Police Officers Association (POA), reviewed the law as it related to disclosure of personnel records and documents. Book 86/Page 52 3/16/04 NEW BUSINESS (cont.) POLICE DEPT ADMIN (302-4-1) Al Bailey, National City, Chairman of the Community and Police Relations Commission (CPRC), expressed his view that the JC Penny incident does not appear to be under the purview of the CPRC as set up by the City Council but does highlight an inherent problem with the Commission's charter and bylaws. Pedro Rios, San Diego, American Friends Service Committee, spoke in favor of a public forum, access to documents and subpoena powers for the CPRC. Benjamin Prado, San Diego, Raza Rights Coalition, spoke in support of a public forum and access to documents. Norma Cazares, Chula Vista, South Bay Forum, expressed indignation about the outcome of the internal affairs investigation and the failure to make the report public. ACTION: Motion by Natividad, seconded by Ungab, to request that this Council ask the City Manager to work through the Community and Police Relations Committee to set up a forum as soon as possible to inform the public of the seven motions that we made at the December meeting and request that there be a facilitator and that the City Manager contact Mr. Ron Baza. Carried by unanimous vote. Motion by Inzunza, seconded by Natividad, that we treat the JC Penny incident as a crime investigation. Maker and second agreed to amend the motion, that staff return in 30 days with results of the investigation. Carried by unanimous vote. Motion by Inzunza, seconded by Parra, that City staff not attend the CPRC. That includes all City staff with the exception of the City Attorney. The City Attorney to make himself available to the CPRC. That the CPRC come back to us with a budget and a budget that articulates their needs to be a member of other organizations that communicate along the same lines of Police Overview or Review Commissions. That if they deem it necessary, that they include in their budget stipends so that the working families that sit on the Commission can be reimbursed Book 86/Page 53 3/16/04 NEW BUSINESS (cont.) POLICE DEPT ADMIN (302-4-1) for babysitting or whatever else and so that we can have proper attendance and so that they can meet as often as possible until they are well prepared to make the decisions and to take the lead for the people of this city. A request was made to clarify the motion. The motion was clarified to be that, the City staff that will be made available to the Community and Police Relations Commission will be the City Attorney only; that the Commission submit to us a budget. Councilman Natividad raised a Point of Order and asked the maker of the motion why the City Manager was not included. The maker of the motion responded: Because I feel it's important that this organization retain its autonomy and I believe that autonomy can be achieved by having the City Attorney available and if they necessitate a facilitator or a consultant we canthen contact the Collins Group which did our community task force, or any other group, that can guide this organization to achieve independence. That's the motion on the floor. Motion carried by unanimous vote. Motion by Morrison, seconded by Parra, that the City Council take an official position against the Clear Act and urge other cities to do the same. Carried by unanimous vote. A recess was called at 7:20 p.m. The meeting reconvened at 7:34 p.m. All members were present. APPROVAL OF MINUTES Motion by Parra, seconded by Ungab, the Minutes of the Regular Meeting of March 2, 2004, be approved. Carried by unanimous vote. Book 86/Page 54 3/16/04 PRESENTATION PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) Employee Recognition — Randall G. James. Mr. James was recognized and presented a service pin commemorating his twenty-five years of service to the city. Employee of the Month Program — Larry Verry, Building Trades Specialist, was recognized as Employee of the Month for March 2004. Dr. Camacho was introduced and acknowledged for his restaurant and commercial development on Sweetwater Road. PROCLAMATION (102-2-1) A Proclamation proclaiming Thursday, January 8, 2004 as: "Elizabeth Bustos Day." A Proclamation proclaiming March 11, 2004, as: "N. Paola Hernandez Day." ACTION: Mayor Inzunza reported that the Proclamations had been previously presented. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC), Item Nos. 2 through 5 (Resolution Nos. 2004-41 through 2004-44), Item No. 6 (Notice of Decision), Item No. 7 (Request to Schedule Public Hearing), Item Nos. 8 and 9 (Warrant Registers), and Item No. 10 (Claim for Damages). Motion by Natividad, seconded by Parra, the Consent Calendar be approved. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 1. 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 reading of the title only. (City Clerk) ACTION: Approved. See above. Book 86/Page 55 3/16/04 CONSENT CALENDAR (cont.) CONTRACT (C2002-33) 2. Resolution No. 2004-41. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO APPROVE AN AMENDMENT OT CONTRACT WITH THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS)." (Human Resources) ACTION: Adopted. See above. CONTRACT (C2004-15) 3. Resolution No. 2004-42. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PENHALL COMPANY, INC. FOR THE REMOVAL OF THE WODEN STREET PEDESTRIAN OVERCROSSING." (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C91-21) NC TRANSIT PARA TRANSIT PLAN (TDA FUNDS) (805-1-4) 4. Resolution No. 2004-43. 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 FORE -HIRE VEHICLE REGULATIONS." (Police) ACTION: Adopted. See above. STREET VACATION ADMIN (902-26-1) 5. Resolution No. 2004-44. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE 15TH STREET BETWEEN "C" AND "D" AVENUES AND A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 15TH STREET (APPLICANT: CITY OF NATIONAL CITY) (CASE FILE NO.: SC-2003-3)." (Planning) ACTION: Adopted. See above. Book 86/Page 56 3/16/04 CONSENT CALENDAR (cont.) VARIANCES 2004 (409-1-37) 6. SUBJECT: Notice of Decision — Planning Commission approval of a variance for less than required front yard setback area for a property on the east side of Shelby Drive approximately 15 feet north of 32nd Street (Applicant: Westone Management Consultants) (Case File No.: Z-2003 -13 )." (Planning) ACTION: Adopted. See above. PROPOSITION A TRANSNET (RTIP) ADMIN (205-5-1) 7. SUBJECT: Request to schedule a Public Hearing to consider adoption of the 2004 Regional Transportation Improvement Program (RTIP). (Public Works/Engineering) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-18) 8. Warrant Register No. 35. Ratification of Demands in the amount of $1,209,318.24. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-18) 9. Warrant Register No. 36. Ratification of Demands in the amount of $501,269.16. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-148) 10. SUBJECT: Claim for Damages — James and Angie Ward. (City Clerk) ACTION: Denied. See above. NEW BUSINESS TEMPORARY USE PERMITS (203-1-20) 11. SUBJECT: Temporary Use Permit — "Protecting our Children" — Health & Resource Fair. (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. Book 86/Page 57 3/16/04 NEW BUSINESS (cont.) TEMPORARY USE PERMITS (203-1-20) TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve staff's recommendation. Carried by unanimous vote. POLICE DEPT ADMIN (302-4-1) 12. SUBJECT: Discussion of JC Penney incident of November 14, 2003. (Council initiated) ACTION: This item was taken up earlier in the meeting. COMMUNITY PROMOTION (102-1-3) 13. SUBJECT: Distribution of donated money to San Pasqual Indian Tribe for fire victim families. (Council initiated) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve donation. Carried by unanimous vote. COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1) 14. SUBJECT: Discussion — Consideration of off -site City Council meetings on a quarterly basis covering the north, south and east area of the community. (Council initiated) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to direct the City Manager to contact the school district about the use of their school sites. Carried by unanimous vote. CONDITIONAL USE PERMITS 2004 (403-19-1) 15. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of alcoholic beverages at a new restaurant at the northeast corner of National City Boulevard and Plaza boulevard and a variance for less than required parking, reduced parking aisle widths and for no building setbacks. (Applicant: Community Development Commission and Fred Demeo Inc.) (Case File No.: CUP-2003-27/Z-203-11). (Council initiated) Book 86/Page 58 3/16/04 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2004 (403-19-1) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Frank Lopez, National City, suggested several specific changes to the CUP. ACTION: Motion by Ungab, seconded by Parra, to file the Notice of Decision. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: Inzunza. Mayor Inzunza abstained because he lives within 300 feet of the subject property. ORDINANCES FOR ADOPTION NATIONAL CITY MUNICIPAL CODE (506-2-19) 16. "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-1 (SINGLE-FAMILY RESIDENTIAL) TO IP-PD (PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT) FOR A 2-ACRE SITE AT 5800 BOXER ROAD. (APPLICANT: CINGULAR WIRELESS) (CASE FILE NOS. GP-2003-5/ZC-2003-4)" (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to adopt Ordinance No. 2004-2240. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-2-19) 17. "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (LAND USE) BY ADDING CHAPTER 18.77 AND CHAPTER 18.74 REGARDING CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION. (APPLICANT: PACIFICA COMPANIES) (CASE FILE NOS. A-2003-43) (Planning) RECOMMENDATION: Staff recommended approval. Book 86/Page 59 3/16/04 ORDINANCES FOR ADOPTION (cont.) NATIONAL CITY MUNICIPAL CODE (506-2-19) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt Ordinance No. 2004-2241. Carried by the following vote, to - wit: Ayes: Morrison, Parra, Natividad, Ungab. Nays: None. Absent: None. Abstain: Inzunza. Mayor Inzunza abstained due to the fact that he lives in the immediate neighborhood. NATIONAL CITY MUNICIPAL CODE (506-2-19) 18. "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41 PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES, ADDING CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt Ordinance No. 2004-2242. Carried by unanimous vote. STAFF City Manager Zapata thanked everyone who participated in the Staff / Council Retreat on Saturday. MAYOR AND CITY COUNCIL Councilmember Morrison expressed concern about the large number of events that are advertised in the community before permit approval is accomplished. Mayor Inzunza reported that he attended the Annual Redevelopment Association Meeting in Monterey and made some good contacts for potential projects in the city. Book 86/Page 60 3/16/04 MAYOR AND CITY COUNCIL (cont.) Vice Mayor Parra reminded everyone about the Neighborhood Cleanup, Safety Fair and Little League opening scheduled on Saturday. Councilmember Natividad thanked staff for the efforts in putting on the Staff / Council Retreat and thanked Edco Disposal for providing storage facilities for the food bank. Councilman Natividad stated that he was going to propose changes to the City sign Ordinance and requested the account numbers for donations made to the city. ADJOURNMENT The meeting was adjourned to the Adjourned Regular Meeting — Task Force Meeting — to be held on Tuesday, March 23, 2004, at 10:00 a.m., Large Conference Room, Civic Center. The Next Regular Meeting of the City Council to be held on Tuesday, April 6, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:12 p.m. CITY CLERK The foregoing minutes were approved at the Regular Meeting of April 6, 2004. R 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.