HomeMy WebLinkAbout2004 04-20 CC MINBook 86/Page 85
4/20/04
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA
April 20, 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, Diaz, Eiser, Hodges,
Hyland, Kirkpatrick, Kossyta, Matienzo, Morse, Pauu, Post, Trees, Yeo,
Zapata.
Others present: Ariana Finnell, Student Council representative.
Pledge of Allegiance to the flag led by Mayor Inzunza.
APPROVAL OF MINUTES
Approval of the Minutes of the Adjourned Regular Meeting of March 13,
2004, Adjourned Regular Meeting of March 23, 2004 (10:00 a.m.),
Adjourned Regular Meeting of March 23, 2004 (3:00 p.m.), Special Meeting
of April 6, 2004, and the Regular Meeting of April 6, 2004.
ACTION: No action was taken on the minutes.
PUBLIC ORAL COMMUNICATIONS
Alvira Diaz, Chula Vista, expressed displeasure with the conduct of the
Community and Police Relations Commission.
Michael Burns, National City, inquired about the status of the parking issues
he raised at Kimball Towers.
Kimberly Duran, The Olson Co., extended an invitation to a Foundation
Pouring Party for one of their National City projects.
Daryl Gorham, National City, read a letter from Mrs. Salinas and submitted
a petition objecting to the parking enforcement efforts in her neighborhood.
Book 86/Page 86
4/20/04
PRESENTATION
NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2)
Employee of the Month Program — Molli Knobbe, Crime Analyst, Police
Department (Non -Safety Employee), was recognized as Employee of the
Month for April 2004.
INTERNET / WEB HOSTING ADM (1200-1-3)
Special Presentation — Web Services. (City Manager)
Bernard Yeo, Manager of National City's Management Infoiiiiation
Systems, (MIS) unveiled the newly installed web -cam for the Library
Project and commended the efforts and resourcefulness of his staff in
making it a reality.
PROCLAMATION (102-2-1)
A Proclamation proclaiming Saturday, March 24, 2004 as: "Nora Eileen
Irving Day."
ACTION: Mayor Inzunza reported that the Proclamation had been
previously presented.
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC), Item
Nos. 2 through 7 (Resolution Nos. 2004-56 through 2004-61), Item No. 8
(Warrant Register), and Item Nos. 9 and 10 (Consolidated Cash and
Investment Reports). Motion by Morrison, 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.
PERSONNEL EMPLOYEE BENEFITS (604-7-1)
2. Resolution No. 2004-56: AMENDING THE SICK LEAVE
BENEFIT FOR EXECUTIVES AND MANAGEMENT
EMPLOYEES. (Risk)
ACTION: Adopted. See above.
Book 86/Page 87
4/20/04
CONSENT CALENDAR (cont.)
CONTRACT (C86-24)
3. Resolution No. 2004-57: AUTHORIZING THE MAYOR TO
EXECUTE THE FIFTH AMENDED EMERGENCY SERVICES
AGREEMENT. (Fire)
ACTION: Adopted. See above.
CITY COUNCIL POLICY (102-13-1)
4. Resolution No. 2004-58: APPROVING THE REVISION OF
COUNCIL POLICY NUMBER 115, REGARDING DONATIONS
OF SURPLUS CITY PROPERTY AND POLICE DEPARTMENT'S
UNCLAIMED PERSONAL PROPERTY. (Purchasing)
ACTION: Adopted. See above.
CONTRACT (C2004-19)
5. Resolution No. 2004-59: AWARDING A CONTRACT TO
ENVIRONMENTAL BUSINESS SOLUTIONS TO CONDUCT
ENVIRONMENTAL SITE ASSESSMENT, GROUNDWATER
MONITORING AND PREPARATION OF PERMITS AND
CLEANUP FUND GRANT REQUESTS FOR THE PUBLIC
WORKS YARD FUEL TANKS AND NATIONAL CITY POLICE
DEPARTMENT MONITORING WELLS AND FUEL TANK.
(Public Works / Engineering)
ACTION: Adopted. See above.
SUBDIVISION ADM (415-1-1)
6. Resolution No. 2004-60: APPROVING A TENTATIVE
SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT
FOR 34 CONDOMINIUM TOWNHOMES ON A 1.75 ACRE
PROPERTY ON THE EAST SIDE OF R AVENUE BETWEEN 7TH
AND 8TH STREETS. (APPLICANT: THE OLSON COMPANY)
(CASE FILE NO. S-2003-8/PD-2003-6) (Planning)
ACTION: Adopted. See above.
Book 86/Page 88
4/20/04
CONSENT CALENDAR (cont.)
PROP. A TRANSNET (RTIP) ADM (205-5-1)
7. Resolution No. 2004-61: ADOPTING THE 2004 REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM (RTIP).
(Public Works / Engineering)
ACTION: Adopted. See above.
WARRANT REGISTER 2004 (202-1-18)
8. Warrant Register No. 39. Ratification of Demands in the amount of
$1,101,138.42. (Finance)
ACTION: Ratified. See above.
FINANCIAL MANAGEMENT 2003 (204-1-18)
9. SUBJECT: Consolidated Cash and Investment Report as of
November 30, 2003. (Finance)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2003 (204-1-18)
10. SUBJECT: Consolidated Cash and Investment Report as of
December 31, 2003. (Finance)
ACTION: Approved. See above.
NON CONSENT CALENDAR
Mayor Inzunza relinquished control of the meeting to Vice Mayor Parra.
REVENUE AND TAXATION ADM (205-2-1)
11. Resolution No. 2004-62: AUTHORIZING THE MAYOR TO
EXECUTE A MILLS ACT CONTRACT FOR 1433 EAST 24TH
STREET. (APPLICANT: JAMES LADD) (CASE FILE M-2003-3)
(Planning)
RECOMMENDATION: Staff recommended approval.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Natividad, the
Resolution be adopted. Carried by unanimous vote.
Book 86/Page 89
4/20/04
NON CONSENT CALENDAR (cont.)
REVENUE AND TAXATION ADM (205-2-1)
12. Resolution No. 2004-63: AUTHORIZING THE MAYOR TO
EXECUTE A MILLS ACT CONTRACT FOR 907 A AVENUE.
(APPLICANTS: LOUISE BRANCH AND LINDA ROMIGUIERE)
(CASE FILE M-2003-5) (Planning)
RECOMMENDATION: Staff recommended approval.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Morrison, the
Resolution be adopted. Carried by the following vote, to -wit:
Ayes: Morrison, Natividad, Parra, Ungab. Nays: None.
Absent: None. Abstain: Inzunza. Mayor Inzunza abstained due
to the fact that he lives in a rental property in the immediate
neighborhood.
REVENUE AND TAXATION ADM (205-2-1)
13. Resolution No. 2004-64: AUTHORIZING THE MAYOR TO
EXECUTE A MILLS ACT CONTRACT FOR 940 A AVENUE / 45
E. PLAZA BLVD. (APPLICANT: JANICE MARTINELLI) (CASE
FILE M-2003-4) (Planning)
RECOMMENDATION: Staff recommended approval.
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Natividad, the
Resolution be adopted. Carried by the following vote, to -wit:
Ayes: Morrison, Natividad, Parra, Ungab. Nays: None.
Absent: None. Abstain: Inzunza. Mayor Inzunza abstained due
to the fact that he lives in a rental property in the immediate
neighborhood.
Mayor Inzunza took back control of the meeting.
CONTRACT (C2004-20)
14. Resolution No. 2004-65: TO AWARD INDEPENDENT AUDITING
SERVICES OF THE CITY AND CDC TO CONRAD &
ASSOCIATES FOR FISCAL YEARS JUNE 30, 2004 TO 2007.
(Finance)
RECOMMENDATION: Staff recommended approval.
Book 86/Page 90
4/20/04
NON CONSENT CALENDAR (cont.)
CONTRACT (C2004-20)
TESTIMONY: None.
ACTION: Motion by Morrison, seconded by Ungab, to adopt
the Resolution. Carried by unanimous vote.
ORDINANCE FOR INTRODUCTION
NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19)
15. "AN ORDINANCE AMENDING TITLE 1 OF THE NATIONAL
CITY MUNICIPAL CODE BY AMENDING SECTION 1.12.030
PERTAINING TO STOP ORDERS AND SECTION 1.28.010
PERTAINING TO POWERS OF ARREST FOR INSPECTORS."
(City Attorney)
ACTION: Troy Folk, National City, spoke in favor.
ORDINANCE FOR ADOPTION
NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19)
16. "AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CALPERS) AND THE CITY COUNCIL OF NATIONAL
CITY." (Human Resources)
RECOMMENDATION: Staff recommended approval.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Natividad, to adopt
Ordinance No. 2004-2243. Carried by unanimous vote.
OLD BUSINESS
PROP. A TRANSNET (RTIP) ADM (205-5-1)
17. SUBJECT: Report on TransNet Extension. (Public Works /
Engineering)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: No action taken.
Book 86/Page 91
4/20/04
OLD BUSINESS (cont.)
COMMUNITY PROMOTION (102-1-3)
18. SUBJECT: Motion to approve sponsoring the Maytime Band
Review and Awards Ceremony luncheon and/or dinner and transfer
$3,000 from League of California Cities account. (Council initiated)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Inzunza, to approve
$1500 from a surplus account Carried by unanimous vote.
COMMUNITY PROMOTION (102-1-3)
19. SUBJECT: Suggested criteria for the request and dispersing of
public donations. (Council initiated)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Parra, to
approve. Carried by unanimous vote.
NEW BUSINESS
Councilmember Natividad requested information from staff about the
amount of City fees charged and waived during 2003.
NATIONAL CITY COMMUNITY CENTER (1101-5-1)
20. SUBJECT: Request to use the Martin Luther King, Jr. Community
Center by the California Association for Bilingual Education (CABE)
and waiver of fees. (Public Works / Engineering)
RECOMMENDATION: None.
TESTIMONY: Denese Harder, representing CABE,
responded to questions.
ACTION: Motion by Ungab, seconded by Inzunza, to approve
the request including grant the waiver of all fees. Carried by
unanimous vote.
Book 86/Page 92
4/20/04
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2004 (203-1-20)
21. SUBJECT: Temporary Use Permit — Lions Club — 4th of July
Celebration. (Building & Safety)
RECOMMENDATION: Staff recommended to approve the TUP
subject to compliance with all conditions of approval and grant the
request for waiver of all fees, except the $14,325 in Police overtime.
TESTIMONY: John Kirk, representing the Lion's Club,
responded to questions.
ACTION: Motion by Natividad, seconded by Ungab, to
approve the TUP subject to compliance with all conditions of
staff. There was discussion about whether the intent of the
motion was to waive fees except Police as recommended by
staff or to waive all fees, including $14,325 for Police overtime.
Motion was amended by Parra, seconded by Ungab, to waive
all fees. Carried by unanimous vote.
TEMPORARY USE PERMITS 2004 (203-1-20)
22. SUBJECT: Temporary Use Permit — Senora Mundo. (Building &
Safety)
RECOMMENDATION: Staff recommended to approve the TUP
subject to compliance with all conditions of approval and grant the
request for waiver of all fees.
TESTIMONY: Ms. Salas, appeared on behalf of the applicant.
ACTION: Motion by Parra, seconded by Ungab, to approve
the TUP subject to compliance with all conditions of approval
and grant the request for waiver of fees. Carried by unanimous
vote.
TEMPORARY USE PERMITS 2004 (203-1-20)
23. SUBJECT: Temporary Use Permit — Friends of the Library &
National City Library — National City Literacy Celebration. (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.
Book 86/Page 93
4/20/04
NEW BUSINESS (cont.)
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Ungab, to approve
the TUP subject to all conditions of staff and grant the waiver
of fees. Carried by unanimous vote.
TEMPORARY USE PERMITS 2004 (203-1-20)
24. SUBJECT: Temporary Use Permit — Council of Philippine -
American Organizations -Philippine Faire and Parade. (Building &
Safety)
RECOMMENDATION: Staff recommended to approve the TUP
subject to compliance with all conditions of approval using the parade
route and times recommended by the NCPD; grant the request for
waiver of fees, and Council provide direction on the waiver of the
remaining $1,734.49.
TESTIMONY: Anita Parmakigan, Aurora Caudal spoke in
favor and responded to questions.
ACTION: Motion by Natividad, that we approve the request
for the parade but that we only use half of the street and we use
the east side of the street on D Avenue; that the starting point
will be on 12th Street, up D Avenue to 16th Street, then on the
north side of 16th to Highland and then down Highland Avenue
to 12th Street. Motion died for lack of a second. Motion by
Morrison, seconded by Natividad, to approve the TUP for the
park subject to compliance with all conditions of staff; approve
with alternate parade route proposed by the Police Department;
applicant to work with Parks and Recreation on placement of
speakers and notification of neighbors; and grant the request for
waiver of fees up to the budgeted amount of $5,000. Carried by
unanimous vote. Note: There was discussion about the need
for 8.5" X 11" maps showing proposed parade routes. It was
the consensus that all future approval requests for parade routes
include such a map for Council review.
Book 86/Page 94
4/20/04
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2004 (203-1-20)
25. SUBJECT: Temporary Use Permit — Stein Farm — May Day Event.
(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.
TESTIMONY: An unnamed speaker representing the Stein
Farm, responded to questions.
ACTION: Motion by Morrison, seconded by Ungab, to
approve the TUP subject to all conditions of staff and grant the
waiver of fees. Carried by unanimous vote.
TEMPORARY USE PERMITS 2004 (203-1-20)
26. SUBJECT: Temporary Use Permit — World Asthma Day Health
Fair. (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.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Natividad, to
approve the TUP subject to all conditions of staff and grant the
waiver of fees. Carried by unanimous vote.
AUDIT FINANCIAL REPORT FY 2002-2003 (208-1-17)
27. SUBJECT: Year End Audit Reports for Fiscal Year Ended June 30,
2003. (Finance)
RECOMMENDATION: Receive and file report.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Ungab, to file.
Carried by unanimous vote.
Book 86/Page 95
4/20/04
NEW BUSINESS (cont.)
KIMBALL PARK (702-1-1) LAS PALMAS PARK (702-3-4)
Q AVENUE PARK (702-4-1) EL TOYON PARK (702-6-1)
28. SUBJECT: Discussion to request deposits for usage of park areas for
parties. (Council initiated)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: There was consensus to form a Council
subcommittee made up of Councilmembers Ungab and
Natividad that will work with the Park and Recreation Advisory
Board to look into the issue. No vote taken.
SOLID WASTE / LITTERING (911-1-1)
29. SUBJECT: Discussion regarding charging fees to residents when
City crews need to remove items that have been abandoned in cases
when we can prove ownership of the item. (Council initiated)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: It was determined that the Council subcommittee
(Ungab and Natividad) that was formed to consider Item No.
28, above, will also be tasked with this issue. No vote was
taken.
SPECIFIC PLAN ADM (417-1-1)
30. SUBJECT: Selection Committee for West National City. (Council
initiated)
RECOMMENDATION: None.
TESTIMONY: None
ACTION: Mayor Inzunza announced that his nominations for
the Selection Committee are: Carmen Roa, Sunny Jaramillo and
Barbara Avalos as citizen members and Vice Mayor Parra and
Mayor Inzunza as the elected members. Motion by Natividad,
seconded by Ungab, to approve the nominations. Carried by
unanimous vote.
Book 86/Page 96
4/20/04
WRITTEN COMMUNICATIONS
COMMUNITY PROMOTION (102-1-3)
31. SUBJECT: Request from Paradise Valley Hospital Foundation to
sponsor their SB621 Tribal Gaming Funds Application.
RECOMMENDATION: None.
TESTIMONY: Trisha Brereton, representing Paradise Valley
Hospital, responded to questions and spoke in favor.
ACTION: Motion by Natividad, seconded by Morrison, that
the City co-sponsor the application to augment funding for
improvements to the emergency room from the SB 621 finds.
Carried by unanimous vote.
STAFF
City Manager Zapata advised the Council that there was a financial
investment report in the agenda packet; interviews had been completed for
the Financial Advisor position and a recommendation would be
forthcoming; and there will be follow-up items stemming from the Council /
Staff retreat, dealing with financial clarity, public safety, development, and
process review along with a report on consultants.
MAYOR AND CITY COUNCIL
Councilman Natividad discussed apparent problems with adequate Public
Hearing Notice being given under Section 18.71.030 of the Municipal Code
and the possible need to amend the Code. Councilman Natividad expressed
concerns about the comments attributed to the Community and Police
Relations Commission.
Vice Mayor Parra referred a call from the Boy's and Girl's Club regarding
apparent impacts to a fence from the Fire Station construction.
Councilman Morrison stressed the important of the City staying in touch
with the many anticipated changes at the State and local level. Mr. Morrison
advised the Council that he has been appointed Vice President of the
California Congress of Governments CALCOG and will serve as President
in two years.
Book 86/Page 97
4/20/04
STAFF (cont.)
Councilman Ungab reported on the recent ribbon cutting for the new Bay
Shore Bike Path Bridge and encouraged everyone to visit and use it.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation - Government Code
Section 54956.9(a).
National City Police Officers Association vs. City of National City.
San Diego Superior Court Case No. GIC827798.
ACTION: Motion by Parra, seconded by Inzunza, to go into Closed
Session. Carried by unanimous vote.
Councilmembers left the Chamber at 7:50 p.m.
The meeting was adjourned in memory of Alfred Fessman, who served on
the City Council from 1955 to 1960.
ADJOURNMENT
The meeting was adjourned to the Adjourned Regular Meeting of the City
Council to be held on Tuesday, April 27, 2004, at 10:00 p.m., Council
Chambers, Civic Center.
The Next Regular Meeting of the City Council to be held on Tuesday,
May 4, 2004, at 6:00 p.m., Council Chambers, Civic Center.
The foregoing minutes were approved at the Regular Meting of May 4,
2004.
R
CITY OF NATIONAL CITY
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