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.