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HomeMy WebLinkAbout2004 05-04 CC MINBook 86/Page 98 5/4/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 4, 2004 The Regular Meeting of the City Council of the City of National City was called to order at 6:08 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Condon, Dalla, Diaz, Eiser, Hyland, Kirkpatrick, Lopez, Matienzo, Morse, Pauu, Post, Trees, Zapata. Others present: Ariana Finnell, Student Council representative. APPROVAL OF MINUTES Motion by Morrison, seconded by Parra, the Minutes of the 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, Adjourned Regular Meeting of April 20, 2004, and Regular Meeting of April 20, 2004, be approved. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: None. Absent: Natividad. Abstain: None. PUBLIC ORAL COMMUNICATIONS Michael Burns, National City, thanked staff for responding to his complaint. Mary Martin, National City, expressed her belief that it is not necessary to have a Community and Police Relations Commission. Jerry Cano, National City, commended the City's parking enforcement efforts that helped improve his neighborhood. Craig Prior, National City, a member of the Community and Police Relations Commission, advised the Council that the Commission recently held their first community outreach and scheduled a forum for May 12th at Las Palmas School. Book 86/Page 99 5/4/04 PUBLIC ORAL COMMUNICATIONS (cont.) Jim Ladd, National City, requested a favorable interpretation of the City's Animal Control Ordinance that would permit him to legally have nine dogs on his property. The matter was referred to staff for a report. Georgia Guarano, National City, expressed her views on Agenda Item No. 20 dealing with the Community and Police Relations Commission. PRESENTATION (102-14-2) Presentation to Senior Assistant City Attorney Rudolf Hradecky of the "Most Valuable Attorney" award by the San Diego County City Attorney's Association. Helen Peak, President of the City Attorney Association of San Diego County, presented Senior Assistant City Attorney Rudolf Hradecky with the "Most Valuable Attorney" award on behalf of the Association. Mr. Hradecky thanked the Association, City Attorney Eiser, and the Mayor and Council, and introduced his family. City Manager Chris Zapata introduced National City's new Human Resources Director, Alfredo Lopez. PROCLAMATIONS (102-2-1) A Proclamation proclaiming Thursday, April 22, 2004, as: "Paradise Valley Hospital Day." A Proclamation proclaiming Friday, April 23, 2004, as "Filipino -American Chamber of Commerce Day." A Proclamation proclaiming Wednesday, April 5, 2004, as: "Peace Officers Memorial Day." ACTION: Mayor Inzunza reported that the Proclamations had been previously presented. Book 86/Page 100 5/4/04 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC), Item Nos. 2 through 8 (Resolution Nos. 2004-67 through 2004-72, and 2004-74), Item No. 9 (Notice of Decision), Item Nos. 10 through 12 (Warrant Registers), Item Nos. 13 through 16 (Claims for Damages), and Item Nos. 17 and 18 (Public Hearings). Motion by Morrison, seconded by Parra, Item Nos. 4, 5 and 9 be pulled, and the remainder of 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. PARKING ADM (801-2-24) 2. Resolution No. 2004-67: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A BLUE CURB HANDICAP PARKING SPACE AT 1625 HARDING AVENUE (G. SANDOVAL, TSC ITEM 2004-13). (Public Works/Engineering) ACTION: Adopted. See above. PARKING ADM (801-2-24) 3. Resolution No. 2004-68: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A "NO PARKING" ZONE AT THE EAST DRIVEWAY AT 2720 PLAZA BOULEVARD (R. JACOBS, TSC ITEM NO. 2004-14). (Public Works/Engineering) ACTION: Adopted. See above. PARKING ADM (801-2-24) 4. Resolution No. 2004-69: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH "NO PARKING" ZONES SOUTH OF THE DRIVEWAY AT 1506 L AVENUE (G. JARSULIC, TSC ITEM NO. 2004-15) (Public Works/Engineering) Book 86/Page 101 5/4/04 CONSENT CALENDAR (cont.) PARKING ADM (801-2-24) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, to deny. Motion died for lack of a second. Motion by Natividad, seconded by Morrison, this item be continued. Carried by unanimous vote. PARKING ADM (801-2-24) 5. Resolution No. 2004-70: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A RED "NO PARKING" ZONE ON THE NORTHEAST AND SOUTHEAST CORNER OF WILSON AVENUE AND 19TH STREET (L. AGUIRRE, TSC ITEM NO 2004-19). (Public Works/Engineering) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, the Resolution be denied. Motion withdrawn. Motion by Natividad, seconded by Parra, this item be continued. Carried by unanimous vote. COUNCIL POLICY ADM (102-13-1) 6. Resolution No. 2004-71: ADOPTING COUNCIL POLICY, "NATIONAL CITY STREET BANNER PROGRAM." (Public Works/ Engineering) ACTION: Adopted. See above. CONTRACT (C2004-23) 7. Resolution No. 2004-72: DIRECTING THE PREPARATION OF THE REPORT REQUIRED BY GOVERNMENT CODE SECTION 5473 AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILL/TAX ROLL ADMINISTRATION AND ANY AS -NEEDED FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-05. (Public Works/Engineering) ACTION: Adopted. See above. Book 86/Page 102 5/4/04 CONSENT CALENDAR (cont.) LAND USE PLANNING / MITIGATION (405-10-4) 8. Resolution No. 2004-74: AUTHORIZING THE MAYOR TO IMPLEMENT THE MULTI -HAZARD MITIGATION PLAN. (Fire) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2004 (403-19-1) 9. SUBJECT: Notice of Decision — Approval of a Conditional Use Permit for the expansion of the Jollibee fast food restaurant in Plaza Squire shopping center at 1401 Plaza Boulevard (Applicant: FastTrac Solutions) (Case File No.: CUP-2004-08). (Planning) ACTION: Motion by Natividad, to set for hearing. Motion died for lack of a second. Motion by Natividad, seconded by Parra, to direct staff to meet with Jollibee to preserve landscaping in front and file the Notice. Carried by unanimous vote. WARRANT REGISTER 2004 (202-1-18) 10. Warrant Register No. 40. Ratification of Demands in the amount of $110,242.55. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-18) 11. Warrant Register No. 41. Ratification of Demands in the amount of $1,203,302.84. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-18) 12. Warrant Register No. 42. Ratification of Demands in the amount of $324,045.68. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-148) 13. SUBJECT: Claim for Damages: Angie Pantoja. (City Clerk) ACTION: Denied. See above. Book 86/Page 103 5/4/04 CONSENT CALENDAR (cont.) CLAIMS (501-1-148) 14. SUBJECT: Claim for Damages: Antonietta C. Ladao. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-148) 15. SUBJECT: Claim for Damages: Apolina Piedra. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-148) 16. SUBJECT: Claim for Damages: Jared Hamilton. (City Clerk) ACTION: Denied. See above. PUBLIC HEARING CONDITIONAL USE PERMITS 2004 (403-19-1) 17. Public Hearing — 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, for the two wall signs where one is allowed (Applicant: Studio C Architects) (Case File No.: CUP-2003-29/Z-2003-12). (Planning) TESTIMONY: Katherine Baker, representing the applicant, spoke in favor. Jeff Silverman, representing MJK Real Estate, responded to questions and spoke in favor. ACTION: Motion by Ungab, seconded by Parra, to close the hearing. Carried by unanimous vote. Motion by Ungab, seconded by Morrison, to approve CUP. Carried by unanimous vote. PUBLIC HEARING CONDITIONAL USE PERMITS 2004 (403-19-1) SUBDIVISIONS (415-1-1) 18. Public Hearing — Conditional Use Permit and Tentative Subdivision Map for the conversion of 97 apartments to condominiums at 915 E. 4th Street (Applicant: Westone Management Consultants) (Case file No.: CUP2003 -8/s-2003 -1) (Planning) Book 86/Page 104 5/4/04 CONSENT CALENDAR (cont.) CONDITIONAL USE PERMITS 2004 (403-19-1) SUBDIVISIONS (415-1-1) TESTIMONY: Joseph Scarlatti, representing the applicant, requested waiving Condition No. 22, responded to questions, and spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to continue the hearing to the next meeting. Carried by unanimous vote. NON CONSENT CALENDAR CONTRACT (C2004-21) 19. Resolution No. 2004-76: AWARDING FINANCIAL ADVISOR SERVICES FOR THE CITY OF NATIONAL CITY TO ESTRADA HINOJOSA INVESTMENT BANKERS FROM MAY 5, 2004 TO MAY 5, 2007. (City Manager) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, the Resolution be adopted. Carried by unanimous vote. N.C. COMMUNITY AND POLICE RELATIONS COMM (101-34-1) 20. Resolution No. 2004-75: MEMORIALIZING THE CREATION OF THE NATIONAL CITY COMMUNITY AND POLICE RELATIONS COMMISSION, THE ESTABLISHMENT OF DUTIES OF THE COMMISSION AND THE DECLARATION OF THE MISSION STATEMENT OF THE COMMISSION. (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: Norma Cazares, representing the South Bay Forum, expressed her organizations opposition to the Resolution. Mary Martin, National City, expressed her belief that there was no need for a Community and Police Relations Commission. Book 86/Page 105 5/4/04 NON CONSENT CALENDAR (cont.) ACTION: Motion by Parra, seconded by Morrison, to change Section 6 of the Resolution by substituting "City Manager" in place of "Chief of Police" and approve the Resolution as amended. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. CONTRACT (C2004-22) 21. Resolution No. 2004-73: AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY DEVELOPMENT COMMISSION SETTING FORTH THE TERMS FOR THE UTILIZATION OF A $5 MILLION CDC BOND ISSUE. (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Inzunza, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. ORDINANCES FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE (506-2-19) 22. "AN ORDINANCE AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), CHAPTER 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), CHAPTER 8.16 (DOG REGULATIONS), CHAPTER 8.24 (KENNELS), AND CHAPTER 8.32 (KEEPING OF BIRDS AND ANIMALS)." (City Attorney) NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 23. "AN ORDINANCE AMENDING SECTION 14.04.070 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO COLLECTION OF DELINQUENT SEWER SERVICE CHARGES." (City Attorney) ORDINANCE FOR ADOPTION NATIONAL CITY MUNICIPAL CODE 2004 (506-2-19) 24. "AN ORDINANCE AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.12.030 PERTAINING TO STOP ORDERS AND SECTION 1.28010 PERTAINING TO POWERS OF ARREST FOR INSPECTORS." (City Attorney) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt Ordinance No. 2004-2244. Carried by unanimous vote. Book 86/Page 106 5/4/04 Item Nos. 27 and 28 were taken up next. TEMPORARY USE PERMIT 2004 (203-1-20) 27. SUBJECT: Temporary Use Permit — Fern Street Community Arts - Circus. (Building and 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: Carlos Barragan, National City, spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to approve the TUP subject to compliance with all conditions of approval, and grant the request for waiver of fee. Carried by unanimous vote. CONDITIONAL USE PERMITS 2004 (403-19-1) 28. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility in Sweetwater Heights Centennial Park at 3820 Cagle Street (Applicant: Cingular Wireless) (Case file CUP-2004-3). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, the Notice of Decision be filed. Carried by unanimous vote. OLD BUSINESS PERSONNEL ADM (604-6-1) 25. SUBJECT: 9/80 Work Schedule — Implementation Plan. (City Manager) RECOMMENDATION: Staff recommended approval. TESTIMONY: Staff presentation by Ryan Hyland. ACTION: Motion by Parra, seconded by Inzunza, staff s recommendation be approved. Carried by unanimous vote. CITY COUNCIL ADM (102-16-1) 26. SUBJECT: Discussion on enhanced communication regarding public meetings. (City Clerk) RECOMMENDATION: Staff recommended that necessary steps be taken to improve posting facilities at City Hall and consider other outreach measures. TESTIMONY: Staff presentation by Michael Dalla.. ACTION: Consensus was to refer to staff for cost estimate. There was no vote. Book 86/Page 107 5/4/04 TEMPORARY USE PERMIT 2004 (203-1-20) 27. SUBJECT: Temporary Use Permit — Fern Street Community Arts - Circus. (Building and Safety) ACTION: This item was taken up earlier in the meeting. CONDITIONAL USE PERMITS 2004 (403-19-1) 28. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility in Sweetwater Heights Centennial Park at 3820 Cagle Street (Applicant: Cingular Wireless) (Case file CUP-2004-3). (Planning) ACTION: This item was taken up earlier in the meeting. POLICE DEPT ADM (302-4-1) 29. SUBJECT: San Diego County Regional Communications System (RCS) Presentation. RECOMMENDATION: Staff recommended that National City not delay in replacement of our current old communications system to the RCS; staff be given the direction to identify funding alternatives and authorize staff to negotiate the best possible terms for the transition. Book 86/Page 108 5/4/04 OLD BUSINESS (cont.) POLICE DEPT ADM (302-4-1) TESTIMONY: Staff presentation by Dave Noteware. ACTION: Motion by Natividad, seconded by Parra, to approve the recommendation. Carried by unanimous vote. Councilmember Natividad introduced a staff representative from Sweetwater High School who then introduced the new student representatives to the City Council, Veronica Cuevas and Kelly Lam. STAFF BUDGET FY 2004-05 (206-1-20) 30. SUBJECT: Budget Update for FY 04-05. (City Manager) RECOMMENDATION: None. TESTIMONY: Staff presentation by City Manager. ACTION: None. Councilmember Natividad left the Chamber at 8:40 p.m. The Minutes were approved. See Minutes at beginning of Agenda. MAYOR AND CITY COUNCIL Councilman Morrison said the upcoming Mother's Day holiday will require increased enforcement of illegal flower and candy vendors; reported that soon there will be another Clean -Up Day, announced that Thursday, May 6t', is the National Day of Prayer; requested increased enforcement of illegal push -carts and ice cream trucks; and suggested that the Vice Mayor position is overdue for change. Mr. Morrison presented the City Manager a check for $15,422 to be used in the City's trash program. ADJOURNMENT The meeting was adjourned to the Next Regular City Council Meeting to be held on Tuesday, May 18, 2004, at 6:00 p.m., Council Chambers, Civic Center. Book 86/Page 109 5/4/04 The meeting closed at 8:46 p.m. The foregoing minutes were approved at the Regular Meeting of May 18, 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.