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HomeMy WebLinkAbout2004 06-01 CC MINBook 86/Page 139 6/1/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 1, 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: Alvarez, Condon, Diaz, Eiser, Kirkpatrick, Martinez, Matienzo, Morse, Pauu, Post, Trees, Zapata. Others present: Veronica Cuevas and Kelly Lam, Student Council representatives. APPROVAL OF MINUTES Motion by Natividad, seconded by Ungab, the Minutes of the Adjourned Regular Meeting of April 20, 2004, Special Meeting of May 11, 2004, and Regular Meeting of May 18, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Mr. James Ladd, National City, stated he had been working with Staff regarding the number of dogs he may keep on his property. He requested that Council reconsider allowing him to keep all of his dogs even though it is more than what is permitted under the National City Municipal Code. Janice Martinelli, National City, representing Heritage Square Watch, spoke about problems they were having in the area of the 900 block of A Avenue and 9th Street as well as the Trophy Lounge, and handed out a copy of recent crime statistics, a letter from the Chamber of Commerce, and a petition from the neighboring residents. Steven Engen, National City, Commander, VFW Post 4630, thanked Council, and in particular Councilmember Natividad, for allowing the VFW Post to participate in the Memorial Day Ceremony at Kimball Park and expressed his desire to continue participating in community events in the future. Book 86/Page 140 6/1/04 PUBLIC ORAL COMMUNICATIONS (cont.) Orville Roberts, National City, representing 82nd Airborne, expressed his gratitude to Council in allowing the 82nd Airborne to participate in the Memorial Day Ceremony at Kimball Park. In response to Councilmember Natividad's suggestion that someone be selected to handle flags at Kimball Park, he stated that 82nd Airborne would be honored to handle the flags. PRESENTATION (102-14-2) Social Security Administration — American Cancer Society Relay for Life Chula Vista. America Denado, District Manager, Social Security Office in National City, and Member of the Board of Directors of the American Cancer Society, invited Council and the community to attend a fundraiser to be held at Southwestern College on June 26 and 27, at 10:00 a.m. PROCLAMATIONS (102-2-1) A Proclamation proclaiming the week of May 16-22, 2004, as: "Public Works Week." A Proclamation proclaiming Thursday, May 20, 2004, as "Sweetwater High School Marine Corps JROTC 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 and 3 (Resolution Nos. 2004-91 hrough 2004-97), Item Nos. 4 and 5 (Warrant Registers), Item Nos. 6 and 7 (Consolidated Cash and Investment Report), and Item No. 8 (Notice of Decision). Motion by Natividad, seconded by Morrison, Item Nos. 3 and 8 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. CONSENT CALENDAR (cont.) SUBDIVISIONS (415-1-1) 2. Resolution No. 2004-91: BONITA CREEK FINAL Works/Engineering) ACTION: Adopted. Book 86/Page 141 6/1/04 TO APPROVE, ACCEPT AND RECORD SUBDIVISION MAP (S-2003-2). (Public See above. PARKING ADM (801-2-24) 3. Resolution No. 2004-92: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A TEN -FOOT RED "NO PARKING" ZONE ON THE SOUTHWEST CORNER OF 8TH STREET AND N AVENUE (L. MARTIN, TSC ITEM NO. 2004- 22). (Public Works/Engineering) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve the Resolution; and refer to the Traffic Safety Committee a separate issue regarding the removal of a red "no parking" zone across the street from the affected location. Carried by unanimous vote. Item 8 was taken up next. CONDITIONAL USE PERMITS 2004 (403-19-1) 8. SUBJECT: Notice of Decision — Approval of a Conditional Use Permit for two additional units to a property at 1822 Palm Avenue currently containing a single-family home (Applicant: Stephen Lynch) (Case File No.: CUP-2004-9). (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to file. Carried by unanimous vote. WARRANT REGISTER 2004 (202-1-18) 4. Warrant Register No. 45. Ratification of Demands in the amount of $989,114.62. (Finance) ACTION: Ratified. See above. Book 86/Page 142 6/1/04 CONSENT CALENDAR (cont.) WARRANT REGISTER 2004 (202-1-18) 5. Warrant Register No. 46. Ratification of Demands in the amount of $591,432.64. (Finance) ACTION: Ratified. See above. FINANCIAL MANAGEMENT 2004 (204-1-19) 6. SUBJECT: Consolidated Cash and Investment Report as of February 29, 2004. (Finance) ACTION: Filed. See above. FINANCIAL MANAGEMENT 2004 (204-1-19) 7. SUBJECT: Consolidated Cash and Investment Report as of March 31, 2004. (Finance) ACTION: Filed. See above. CONDITIONAL USE PERMITS 2004 (403-19-1) 8. SUBJECT: Notice of Decision — Approval of a Conditional Use Permit for two additional units to a property at 1822 Palm Avenue currently containing a single-family home (Applicant: Stephen Lynch) (Case File No.: CUP-2004-9). (Planning) ACTION: This item was taken up after Item No. 3. PUBLIC HEARING WEED ABATEMENT 2004 (402-3-5) 9. SUBJECT: 2003-2004 Weed Abatement Public Hearing. (Fire) Refer to Item No. 10 RECOMMENDATION: Staff recommended approval of Report and Account as submitted. TESTIMONY: Frank King, National City, read a letter from property owner Leonard Dunsmore, spoke on his behalf regarding the property located at 229 E 3rd Street (Parcel No. 556-103-19-00), and stated the owner disagreed with the findings and abatement assessed on this property. Kenny Osborne, President, Fire Prevention Services, reviewed the process taken to abate property, and provided specific information and additional photos taken of the above - mentioned property before and after abatement. Book 86/Page 143 6/1 /04 PUBLIC HEARING (cont.) WEED ABATEMENT 2004 (402-3-5) ACTION: Motion by Natividad, seconded by Morrison, to close the public hearing with respect to all properties except the property located at 229 E 3rd Street; and continue the public hearing with respect to the property located at 229 E 3rd Street. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Ungab. Nays: Parra. Absent: None. Abstain: None. NON CONSENT RESOLUTIONS WEED ABATEMENT 2004 (402-3-5) 10. Resolution No. 2004-93: AUTHORIZING THE APPROVAL OF THE 2003-2004 WEED ABATEMENT PUBLIC HEARING FINDINGS. (Fire) Refer to Item No. 9 RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve Resolution No. 2004-93 and Exhibit "A" with the exception of the property located at 229 E 3rd Street. Carried by unanimous vote. CONDITIONAL USE PERMITS 2004 (403-19-1) SUBDIVISIONS (415-1-1) 11. Resolution No. 2004-94: APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 97 APARTMENTS TO CONDOMINIUMS AT 915 E. 4TH STREET. APPLICANT: WESTONE MANAGEMENT CONSULTANTS. (CASE FILE NOS. S-2003-1/CUP-2003-8). (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: Joseph Scarlatti, representing the developer, requested on behalf of his client that a new public hearing be set for this item because his client is out of the country and is unavailable to deal with cost issues that have arisen. Mr. Scarlatti stated his client would pay for all costs involved in scheduling another public hearing. Book 86/Page 144 6/1 /04 NON CONSENT RESOLUTIONS (cont.) CONDITIONAL USE PERMITS 2004 (403-19-1) SUBDIVISIONS (415-1-1) ACTION: Motion by Inzunza, seconded by Natividad, to file Item No. 11 and set a public hearing. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Parra, Ungab. Nays: Morrison. Absent: None. Abstain: None. CONTRACT (C2004-28) 12. Resolution No. 2004-95: AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH CINGULAR WIRELESS, FOR THE INSTALLATION AND OPERATION OF SUBTERRANEAN EQUIPMENT AND ANTENNAE FACILITIES IN SWEETWATER HEIGHTS PARK. (Public Works/Engineering) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to approve Resolution No. 2004-95. Carried by unanimous vote. CONTRACT (C91-21) NC TRANSIT / PARATRANSIT PLAN (TDA FUNDS) (805-1-4) 13. SUBJECT: 90-Day extension of existing agreement between the City of National City and the Metropolitan Transit Development Board (MTDB) allowing MTDB to regulate paratransit vehicles (taxicabs, etc.) operating in the City of National City. Consideration of return of taxicab licensing and regulation functions to the City. (Police) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to approve, and "to have the Taxicab Committee (Inzunza/Morrison) come back during the last meeting in July, a little less than 60 days, with a report on the cost and analysis on whether we should take back our licensing or not." Carried by unanimous vote. Book 86/Page 145 6/1/04 NON CONSENT RESOLUTIONS (cont.) COMMUNITY DEVELOPMENT COMMISSION (406-2-9) 14. Resolution No. 2004-96: APPROVING THE ISSUANCE BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OF ITS NOT TO EXCEED $5,900,000 AGGREGATE PRINCIPAL AMOUNT OF NATIONAL CITY REDEVELOPMENT PROJECT 2004 TAX ALLOCATION BONDS SERIES A, AND TAKING CERTAIN OTHER ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERTY RELATING THERETO. (Community Development Commission) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve the Resolution. 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) 15. "AN ORDINANCE AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 6.04 PERTAINING TO BUSINESS TAX LICENSING AND CHAPTER 6.20 PERTAINING TO RESIDENTIAL RENTALS." (City Attorney) NEW BUSINESS COUNCIL ADM (102-16-1) 16. SUBJECT: Homeless Issues — City coordination with Alpha Project. (Presentation by Alpha Project). (City Manager) RECOMMENDATION: The City Manager's Office recommended that City Council approve the program in concept and direct staff to return with a detailed proposal and contract. TESTIMONY: City Manager Chris Zapata provided a brief overview, and introduced the Alpha Project. Larry Graff, Housing Director, Alpha Project, 3737 Fifth Avenue, San Diego, spoke about the variety of services offered with issues relating to homelessness, discussed how these services may be of value to National City, and answered questions. ACTION: Motion by Parra, seconded by Natividad, to approve staffs recommendation. Carried by unanimous vote. Book 86/Page 146 6/1 /04 NEW BUSINESS (cont.) COUNCIL ADM (102-16-1) 17. SUBJECT: Formation of a 2004 Council Fee Committee to review the Citywide user fee and impact fee studies prepared by Maximus. (Building & Safety) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Mayor Inzunza appointed himself and Vice Mayor Parra to form a Developer Fee Committee. No vote was taken. TEMPORARY USE PERMIT 2004 (203-1-20) 18. SUBJECT: Temporary Use Permit — Paradise Hills Community Church — Evangelistic Service at Kimball Park on June 26, 2004. (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: Enrique de los Santos, representing Paradise Community Church, 2812 Calle Salida del Sol, San Diego, spoke in favor and answered questions. ACTION: Motion by Morrison, seconded by Parra, to deny the TUP. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. TEMPORARY USE PERMIT 2004 (203-1-20) 19. SUBJECT: Temporary Use Permit — National City Library — 19th Annual Chili and Salsa Cook Off on October 23, 2004. (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: None. ACTION: Motion by Parra, seconded by Morrison, to approve the TUP subject to compliance with all conditions of approval, and grant the request for waiver of fees. Carried by unanimous vote. Book 86/Page 147 6/1/04 NEW BUSINESS (cont.) Mayor Inzunza left the Chamber at 7:15 p.m. during the testimony portion of Item 20. TEMPORARY USE PERMIT 2004 (203-1-20) 20. SUBJECT: Temporary Use Permit — Otra Media Corporation — San Diego Latin Music and Arts Festival on July 23 through July 26, 2004. (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: Frank Lopez, National City, representing ATOD, stated he was neutral on this item, however, he expressed concern regarding the insufficient time given to prepare for this event. A representative from Otra Media Corporation spoke in favor. ACTION: Motion by Natividad, seconded by Ungab, to deny the TUP. Carried by the following vote to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. Mayor Inzunza returned at 8:19 p.m. CONDITIONAL USE PERMITS 2004 (403-19-1) 21. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at an existing restaurant in Sweetwater Square Shopping Center at 3007 Highland Avenue (Applicant: Hong Ming Lo — China Super Buffet) (Case File No.: CUP-2003-28). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Frank Lopez, National City, representing ATOD, stated he was neutral on this item, however, he expressed concern regarding the procedure taken by the establishment to obtain the CUP and ABC license, and the process in which the community forum was noticed. Book 86/Page 148 6/1/04 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2004 (403-19-1) ACTION: Motion by Parra, to file. Motion died for lack of a second. Motion by Morrison, seconded by Parra, to hold a public hearing. Motion failed by the following vote, to -wit: Ayes: Morrison, Ungab. Nays: Inzunza, Natividad, Parra. Absent: None. Abstain: None. Motion by Parra, seconded by Natividad, to file. Motion failed by the following vote, to -wit: Ayes: Natividad, Parra. Nays: Inzunza, Morrison, Ungab. Absent: None. Abstain: None. Motion by Natividad, to continue for two weeks. Motion died for a lack of second. Motion by Parra, seconded by Morrison, to hold a public hearing. Carried by the following vote, to -wit: Ayes: Morrison, Parra, Ungab. Nays: Inzunza, Natividad. Absent: None. Abstain: None. CONDITIONAL USE PERMITS 2004 (403-19-1) 22. SUBJECT: Notice of Decision — Planning Commission denial of a Conditional Use Permit for a church at 835 East 8th Street (Applicant: Victor Salazar — Centro Familiar Rios de Agua Viva, Inc.) (Case File No.: CUP-2003-10). (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 Morrison, seconded by Natividad, to deny the CUP. Carried by unanimous vote. VICE MAYOR APPOINTMENT ADM (101-20-1) 23. SUBJECT: Discussion of appointment of Vice Mayor (July 2004 — July 2005). (Council initiated) RECOMMENDATION: None. TESTIMONY: None. ACTION: This item was continued for two weeks. No vote was taken. Book 86/Page 149 6/1 /04 NEW BUSINESS (cont.) BUDGET FY 04-05 ADM (206-1-20) 24. SUBJECT: Resource Allocation Plan for FY 04-05 — Introduction. (City Manager) RECOMMENDATION: None. TESTIMONY: City Manager Chris Zapata gave a PowerPoint presentation. ACTION: General discussion ensued. No vote was taken. Councilmember Natividad left the Chamber at 8:45 p.m. BUDGET FY 04-05 ADM (206-1-20) 25. SUBJECT: Scheduling Finance Committee review of the 2004-05 Annual Budget. (City Manager) RECOMMENDATION: None. TESTIMONY: None. ACTION: The Annual Budget Meeting was scheduled for June 15th, at 11:00 p.m. No vote was taken. WRITTEN COMMUNICATIONS — None. STAFF City Attorney Eiser clarified that Item No. 9 would be continued to the meeting of June 15th MAYOR AND CITY COUNCIL Mayor Inzunza stated that Pacific Scene, Clark Construction and Shea Homes had shown an interest in redevelopment in National City. Vice Mayor Parra stated that due to a personal emergency, Councilmember Natividad had to leave early. Vice Mayor Parra also reported that the County had paved streets near Cypress, Orange, and Sweetwater Road, and inquired as to why the County had not communicated with the City in order to pave the remaining 140 feet on Orange Avenue. Councilmember Morrison spoke about the graffiti problem in National City, as well as a large number of posters / signs that are glued on telephone poles and not removed. Book 86/Page 150 6/1 /04 CLOSED SESSION Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a). National City Police Officers' Association v. City of National City, San Diego Superior Court Case No. GIC 827798. ACTION: Motion by Parra, seconded by Inzunza, to go into Closed Session. Carried by unanimous vote. ADJOURNMENT The meeting was adjourned to the Adjourned Regular Meeting of June 15th, at 11:00 a.m., to be held in the Large Conference Room, Civic Center. The Next Regular City Council Meeting will be held on Tuesday, June 15, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 9:45 p.m. The foregoing minutes were approved at the Regular Meeting of June 15, 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.