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HomeMy WebLinkAbout2004 04-06 CC MINBook 86/Page 68 4/6/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 6, 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. Others present: Ariana Finnell, Student Council representative. Pledge of Allegiance to the flag by Mayor Inzunza and invocation by Vice Mayor Parra. APPROVAL OF MINUTES Motion by Ungab, seconded by Natividad, the Minutes of the Special Meeting of March 2, 2004, and the Regular Meeting of March 16, 2004, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Michael Burns, National City, expressed his concerns about the need for red curb and emergency parking at Kimball Towers. Norma Cazares, South Bay Forum, expressed her continuing interest in information about the J.C. Penney incident and the scheduled forum on the issue. Ernesto Guzman, Downtown Business Association member, expressed his belief that he is entitled to defend any code violations on the Dr. Urey Trust Fund properties and has been denied. Book 86/Page 69 4/6/04 PRESENTATION PROCLAMATION (102-2-1) Special Presentation per Council Request. (Council initiated) Vice Mayor Parra introduced a Proclamation proclaiming Tuesday, April 6, 2004 as "Veronica Serrano Day," and presented it to Ms. Serrano. PROCLAMATION (102-2-1) A Proclamation proclaiming Saturday, March 20, 2004 as: "Gilbert F. Suarez Day." A Proclamation proclaiming Friday, March 26, 2004, as: "Augustine P. Gallego Day." A Proclamation proclaiming Sunday, March 28, 2004, as: "California Walk for Recovery Day." A Proclamation proclaiming the week of March 28 — April 3, 2004, as: "Boys and Girls Club Week." 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 7 (Resolution Nos. 2004-47 through 2004-52), Item Nos. 8 and 9 (Warrant Registers), Item No. 10 (Approval of Street Tree & Parkway Committee Minutes), Item No. 11 (Claim for Damages). Motion by Natividad, seconded by Morrison, 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 70 4/6/04 CONSENT CALENDAR (cont.) CONTRACT (C2004-17) 2. Resolution No. 2004-47: AWARDING A CONTRACT TO BOND BLACKTOP, INC FOR THE NATIONAL CITY SLURRY SEAL PROJECT (SPECIFICATION NO. 03-1). (Public Works / Engineering) ACTION: Adopted. See above. SUBDIVISION ADM (415-1-1) 3. Resolution No. 2004-48: TO APPROVE, ACCEPT AND RECORD KALESA WALK FINAL SUBDIVISION MAP (S-2003-3, IS-2003- 2, PD-2003-2). (Public Works / Engineering) ACTION: Adopted. See above. PARKING ADM (801-2-24) 4. Resolution No. 2004-49: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS / ENGINEERING TO ESTABLISH A RED "NO PARKING" ZONE ON THE NORTHWEST CORNER OF PLAZA BOULEVARD AND B AVENUE (NATIONAL CITY TRANSIT, TSC ITEM NO. 2004-10). (Public Works / Engineering) ACTION: Adopted. See above. SOLID WASTE / RECYCLING (911-1-6) 5. Resolution No. 2004-50: AUTHORIZING SUBMITTAL OF BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION FUNDING REQUEST. (Public Works / Engineering) ACTION: Adopted. See above. PARKING ADM (801-2-24) 6. Resolution No. 2004-51: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS / ENGINEERING TO ESTABLISH RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAYS TO 2000 E. DIVISION STREET (EL TOYON SCHOOL, TSC I1'EM NO. 2004-12). (Public Works / Engineering) ACTION: Adopted. See above. Book 86/Page 71 4/6/04 CONSENT CALENDAR (cont.) CONTRACT (C89-12) 7. Resolution No. 2004-52: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MOYNAHAN'S TOWING FOR THE LOAN OF USED, UNMARKED VEHICLES AT NO COST TO THE CITY FOR USE BY THE NATIONAL CITY POLICE DEPARTMENT FOR UNDERCOVER AND SURVEILLANCE OPERATIONS. (Police) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-18) 8. Warrant Register No. 37. Ratification of Demands in the amount of $1,100,973.55. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-18) 9. Warrant Register No. 38. Ratification of Demands in the amount of $1,637,421.36. (Finance) ACTION: Ratified. See above. STREET TREE & PARKWAY COMMITTEE ADM (101-2-1) 10. SUBJECT: Approval of Street Tree & Parkway Committee Minutes. (Parks & Recreation) ACTION: Approved. See above. CLAIMS (501-1-148) 11. SUBJECT: Claim for Damages — Abigail V. Christy. (City Clerk) ACTION: Denied. See above. PUBLIC HEARINGS SUBDIVISION ADM (405-1-1) 12. Public Hearing — Tentative Subdivision Map and Planned Development Permit for 34 condominium townhomes on 1.75 acre property on the east side of R Avenue between 7th and 8th Street (Applicant: The Olson Company) (Case File Nos.: S-2003-8/PD- 2003-6). (Planning) Book 86/Page 72 4/6/04 CONSENT CALENDAR (cont.) SUBDIVISION ADM (405-1-1) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval of the Tentative Parcel Map and Planned Development Permit. TESTIMONY: Kimberly Duran, representing the Olson Company, responded to questions. ACTION: Motion by Parra, seconded by Morrison, to close the hearing and adopt the Tentative Subdivision Map. Carried by unanimous vote. PROP. A TRANSNET (RTIP) ADM (205-5-1) 13. Public Hearing to adopt the 2004 Regional Transportation Improvement Program (RTIP). (Public Works / Engineering) RECOMMENDATION: Staff recommended to hold the public hearing to adopt the RTIP and TransNet projects. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to close the hearing. Carried by unanimous vote. NON CONSENT CALENDAR CONTRACT (C2004-18) ENCROACHMENT AGREEMENT ADM (903-14-1) 14. Resolution No. 2004-53: APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH SPRINT PCS WIRELESS FOR THE INSTALLATION OF AN ANTENNA SITE COMPOSED OF AN EQUIPMENT CABINET, VAULT WITH TWO VENT PIPES, A POLE, A SHARED POLE, AND TWO (2) ANTENNAS ON VAN NESS AVENUE ADJACENT TO GRANGER JR. HIGH SCHOOL AND ACROSS FROM 2327 VAN NESS AVENUE. (Public Works / Engineering) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. After the vote, there appeared to be a consensus to have staff notify surrounding property owners of the planned installation. There was no vote. Book 86/Page 73 4/6/04 NON CONSENT CALENDAR (cont.) COUNCIL POLICY MANUAL (102-13-1) 15. Resolution No. 2004-54: APPROVING THE REVISION OF COUNCIL POLICY NUMBER 115, REGARDING DONATIONS OF SURPLUS CITY PROPERTY AND POLICE DEPARTMENT UNCLAIMED PERSONAL PROPERTY. (Public Works / Engineering) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to continue this item to the next meeting. Carried by unanimous vote. BUDGET 2003-04 (206-1-19) 16. Resolution No. 2004-55: AUTHORIZING THE PUBLIC WORKS DIRECTOR TO CREATE A NEW CAPITAL IMPROVEMENTS PROJECT TO INSTALL A TRAFFIC SIGNAL AT 8TH STREET AND V AVENUE, AND AUTHORIZING USE OF GAS TAX AND I RANSNET FUNDS. (Public Works / Engineering — Council initiated) RECOMMENDATION: Staff recommended approval. TESTIMONY: Renato De La Rosa, National City, spoke in support. ACTION: Motion by Ungab, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 17. "AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY OF NATIONAL CITY." (Human Resources) OLD BUSINESS NC TRANSIT PARATRANSIT PLAN (TDA FUNDS) (805-1-4) 18. SUBJECT: Consideration of taxicab licensing and regulations. (City Attorney) Book 86/Page 74 4/6/04 NON CONSENT CALENDAR (cont.) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Parra, to refer back to the Council committee (Inzunza / Morrison) for review and recommendation. Carried by unanimous vote. Mayor Inzunza left the Chamber at 7:02 p.m. COUNCIL POLICY MANUAL (102-13-1) 19. SUBJECT: Suggested criteria for the request and dispersing of public donations. (Council initiated) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to continue the item. Carried by unanimous vote. Absent: Inzunza. Mayor Inzunza returned to the Chamber at 7:09 p.m. during discussion of Item No. 20. CITY COUNCIL ADM (102-16-1) 20. SUBJECT: Retreat follow-up. (City Manager's Office) RECOMMENDATION: None. TESTIMONY: Ron Baza, from Ron Baza & Associates, presented and summarized the prioritized issues developed by the City Council during the City Council / Staff Retreat on March 13, 2004. ACTION: No action taken. NEW BUSINESS PARKING ADM 2004 (801-2-24) 21. SUBJECT: An Appeal to the City Council for handicap blue curb at 830 Pleasant Lane (M. Gilman, TSC Item 2004-11). (Public Works / Engineering — Council initiated) RECOMMENDATION: Staff concurred with the Traffic Safety Committee and recommended to deny the handicap parking space. Book 86/Page 75 4/6/04 NEW BUSINESS (cont.) PARKING ADM 2004 (801-2-24) TESTIMONY: None. ACTION: Motion by Ungab, seconded by Inzunza, in favor of the appeal. Motion failed by the following vote, to -wit: Ayes: Inzunza, Ungab. Nays: Morrison, Natividad, Parra. Absent: None. Abstain: None. Motion by Natividad, seconded by Ungab to review the item in 90 days. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 22. SUBJECT: Temporary Use Permit — Sweetwater Town & Country Merchants Association — Easter Egg Hunt. (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP subject to compliance with all conditions of approval and deny the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve the TUP subject to staff recommendations. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 23. SUBJECT: Temporary Use Permit — Sweetwater High School — Graduation Fireworks Display. (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP subject to compliance with all conditions of approval and deny the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve the TUP subject to all conditions of staff. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 24. SUBJECT: Temporary Use Permit — Maytime Band Review Corporation — Maytime Band Review Parade. (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP subject to compliance with all conditions of approval and grant the request for waiver of fees except for $320 for the School Resource Officers. Book 86/Page 76 4/6/04 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2004 (203-1-20) TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to approve the TUP subject to all conditions of staff and grant the waiver of fees. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 25. SUBJECT: Request to use the Martin Luther King, Jr. Community Center by the Sweetwater Union High School Marine Corps JROTC and waiver of fees. (Public Works / Engineering) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve. Carried by unanimous vote. NATIONAL CITY COMMUNITY CENTER (1101-5-1) 26. SUBJECT: Request to use the Martin Luther King, Jr. Community Center by the National School District and waiver of fees. (Public Works / Engineering) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve. Carried by unanimous vote. COUNCIL MEETINGS REG / SCHEDULE ADM (102-7-1) 27. SUBJECT: Report: New City Council Meeting Agenda Timeline. (City Manager) ACTION: No action taken. COMMUNITY PROMOTION (102-1-3) 28. SUBJECT: Request funding from the business community for sponsoring an "Awards Ceremony Luncheon" to recognize the Board members of the Maytime Band Review. (Council initiated) RECOMMENDATION: None. TESTIMONY: Anne Campbell, President of the Maytime Band Review Corporation, responded to questions. Book 86/Page 77 4/6/04 NEW BUSINESS (cont.) COMMUNITY PROMOTION (102-1-3) ACTION: Motion by Parra, seconded by Ungab, to approve Item No. 28 and we name the account the "Awards Ceremony Luncheon for the Maytime Band Review. Carried by unanimous vote. CONDITIONAL USE PERMITS 2004 (403-19-1) 29. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a shopping center at the northwest corner of Plaza Boulevard and Highland Avenue and a variance for less than required parking, for a sign in a 10 foot setback area, and for two wall signs where one is allowed (Applicant: Studio C Architects) (Case File No.: CUP-2003-29/Z-2003-12). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to set this item for public hearing. Carried by unanimous vote. PROP. A TRANSNET (RTIP) ADM (205-5-1) 30. SUBJECT: Report on TransNet Extension. (Public Works / Engineering) RECOMMENDATION: None. TESTIMONY: None ACTION: No action taken STAFF — No Report. MAYOR AND CITY COUNCIL Councilman Natividad inquired about the date for the forum by the Community and Police Relations Commission (CPRC); thanked citizens for attending the council meeting; acknowledged a National City Police officer for being recognized as the top auto recovery officer in the County; lauded the Police Department's free Safety Lock Gun Program. Book 86/Page 78 4/6/04 MAYOR AND CITY COUNCIL (cont.) Mayor Inzunza reported that he made a commitment to nominate at the next meeting the committee that will review consultant proposals and future housing sites for old town. Mayor Inzunza also announced his intention to hold a workshop in two weeks to solicit input from the Council and the public to identify businesses and uses that should be encouraged to locate in the City. Councilman Morrison requested that the status of the Police Department communication and computer systems be reported to Council. Councilman Ungab inquired about the status of the TUP application for the Filipino Fair. CLOSED SESSION City Attorney Eiser requested that the City Council approve the addition of a second Closed Session item to the Agenda resulting from a lawsuit filed by the National City Police Officers Association against the City the day after the Agenda was posted. Attorney Eiser requested the City Council make a finding that the need to take action arose after the agenda was posted. ACTION: Motion by Morrison, seconded by Parra, to bring the item on to the Agenda based on that finding. Carried by unanimous vote. Conference with Legal Counsel for Existing Litigation under Government Code Section 54956.9(a). National City Police Officers Association vs. City of National City. Conference with Legal Counsel -Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One Potential Case) ACTION: Motion by Parra, seconded by Inzunza, to go into Closed Session. Carried by unanimous vote. Councilmembers left the Chamber at 7:59 p.m. Book 86/Page 79 4/6/04 ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council to be held on Tuesday, April 20, 2004, at 6:00 p.m., Council Chambers, Civic Center. The foregoing minutes were approved at the Regular Meeting of May 4, 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.