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HomeMy WebLinkAbout2004 07-06 CC MINBook 86/Page 170 7/6/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 6, 2004 The Regular Meeting of the City Council of the City of National City was called to order at 6:09 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Campbell, Condon, Dalla, Diaz, Eiser, Hodges, Kirkpatrick, Morse, Pauu, Post, Trees, Yeo, Zapata. Others present: Veronica Cuevas and Kelly Lam, Student Council representatives. PUBLIC ORAL COMMUNICATIONS — None. PRESENTATION (205-5-1) SANDAG — Staff presentation and Resolution of the City Council of the City of National City endorsing the TransNet Extension Ordinance and Expenditure Plan. (Public Works / Engineering) Note: Staff from the San Diego Association of Governments (SANDAG) was not present to make a presentation. Councilman Morrison gave a report on the TransNet Extension Ordinance and Expenditure Plan. ACTION: No action was taken. PROCLAMATIONS (102-2-1) A Proclamation proclaiming Friday, June 11, 2004 as: "NICK INZUNZA DAY." A Proclamation proclaiming Saturday, June 12, 2004 as: "106th PHILIPPINE NATIONAL INDEPENDENCE DAY." A Proclamation proclaiming Saturday, June 12, 2004 as: "GRANDMASTER VICTOR HUGHES DAY." A Proclamation proclaiming Friday, June 18, 2004 as: "HELEN D. KERRIAN DAY." Book 86/Page 171 7/6/04 PROCLAMATIONS (cont.) A Proclamation proclaiming Saturday, June 26, 2004 as: "AMERICAN CANCER SOCIETY DAY." A Proclamation proclaiming September 16, 2004 as: "STEPFAMILY DAY." ACTION: Mayor Inzunza reported that the Proclamations had been previously presented. INTERVIEWS / APPOINTMENTS BOARDS AND COMMISSIONS (101-01-01) Boards, Commissions, and Committees: Interviews / Appointments to Boards, Commissions, and Committees (City Clerk) RECOMMENDATION: To conduct interviews and make appointments. TESTIMONY: The following individuals were present and appeared for an interview for appointment or reappointment: Anthony Agurs, Al Alvarado, Louise Branch, Claudia Carrillo, Manuel Cavada, Cristina Chacon, Margaret Godshalk, Nancy Nieto, Ana O'Quinn, Howard Schwitkis, Alisha Temoney. ACTION: Motion by Natividad, seconded by Ungab, to reappoint Al Alvarado and George Baca to serve on the Planning Commission. Carried by unanimous vote. Motion by Morrison, seconded by Parra, to reappoint Frank Pekarek to serve on the Civil Service Commission. Carried by unanimous vote. Motion by Natividad, seconded by Inzunza, to appoint Alisha Temoney to serve on the Civil Service Commission. Carried by unanimous vote. Motion by Morrison, seconded by Parra, to appoint Leticia Camacho to serve on the Civil Service Commission. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: Ungab. Absent: None. Abstain: None. Motion by Natividad, seconded by Parra, to appoint John Bryant to serve on the Housing and Community Development Committee. Carried by unanimous vote. Motion by Parra, seconded by Inzunza, to reappoint Claudia Carrillo, and appoint Maria Galindo, Ana Hernandez and Book 86/Page 172 7/6/04 INTERVIEWS / APPOINTMENTS (cont.) BOARDS AND COMMISSIONS (101-01-01) Lance Paston to serve on the Housing and Community Development Committee. Carried by unanimous vote. Motion by Inzunza, seconded by Morrison, to appoint Mary Avery, Nathaniel Griggs, Juanita Mosley, and Alisha Temoney to serve on the Senior Citizens Advisory Board. Carried by Unanimous vote. Motion by Inzunza, seconded by Parra, to appoint Alma Graham to serve on the Community and Police Relations Commission. Carried by unanimous vote. Motion by Inzunza, seconded by Parra, to appoint Ana Hernandez and Anna O'Quinn to serve on the Building Advisory and Appeals Board. Carried by unanimous vote. Motion by Inzunza, seconded by Ungab, to appoint Deborah Hernandez and Nancy Nieto and reappoint Lily Martin to serve on the Library Board of Trustees and to appoint Lily Martin to be or representative on the Serra Library System Board. Carried by unanimous vote. It was decided that Charles Howrey and Zelma Moeser would continue to serve on the Library Board of Trustees until reappointed or replaced. Motion by Inzunza, seconded by Natividad, to nominate Anne Campbell, Manuel Cavada, Cristina Chacon, Janice Martinelli, Patrick O'Connor, Bennett Peji, Susana Peredo, and Jess Van Deventer for the Public Art Committee, and to bring the nominees back for confirmation at the next meeting after consideration is given to expanding the committee. Carried by unanimous vote. Motion by Natividad, seconded by Parra, to appoint the Mayor's nominees (Stephan Engen, Ray Gonzalez, Libby Hernandez, Derek Kemp, Jesse Ramirez, and Orville Roberts) to serve on the Military, Civic and Special Events Advisory Board. Carried by unanimous vote. A recess was called at 6:55 p.m. The meeting reconvened at 7:03 p.m. All members were present. Book 86/Page 173 7/6/04 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Approval of the Minutes), Item No. 2 (Notice of Decision), Item Nos. 3 through 9 (Resolution Nos. 2004-115 through 2004-121). Motion by Parra, seconded by Inzunza, Item Nos. 2 and 5 be pulled, and the remainder of the Consent Calendar be approved. Carried by unanimous vote. APPROVAL OF MINUTES 1. Approval of the minutes of the Adjourned Meeting of June 15, 2004, the Special Meeting of June 15, 2004, the Regular Meeting of June 15, 2004 and the Adjourned Meeting of June 22, 2004. ACTION: Approved. See above. PLANNED DEVELOPMENT PERMIT (414-1-19) 2. Notice of Decision — Planning Commission approval of a Planned Development Permit for a 32-room Best Western hotel at the northeast corner of Roosevelt Avenue and 7th Street and a variance for Tess than required off-street parking. (Applicant: Akash Patel — Satnaam Hotels, Inc.) (Case File No.: PD-2003-5/Z-2004-3) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: An unnamed speaker responded to questions on behalf of the developer. ACTION: Motion by Natividad, seconded by Parra, to file. Carried by unanimous vote. CONTRACT (C2004-9) 3. Resolution No. 2004-115: APPROVING CHANGE ORDER NUMBERS ONE, TWO, THREE AND FOUR FOR THE FIRE DEPARTMENT CONSTRUCTION PROJECT. (Public Works / Engineering) ACTION: Adopted. See above. CONTRACT (C2004-31) 4. Resolution No. 2004-116: ACCEPTING THE LOWEST, RESPONSIBLE BID FROM AZTEC FENCE CO., AND AUTHORIZING AWARD OF BID #GS0304-2 FOR REPAIR AND Book 86/Page 174 7/6/04 CONSENT CALENDAR (cont.) CONTRACT (C2004-31) REPLACEMENT OF ATHLETIC FIELD FENCING FOR THE PARKS DEPARTMENT. (Purchasing) ACTION: Adopted. See above. PARKING ADM (801-2-24) 5. Resolution No. 2004-117: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A "TWO HOUR PARKING" ZONE AND A RED "NO PARKING" ZONE IN FRONT OF 2727 HOOVER AVENUE. (M. MCMILLIN, TSC 2004-25) (Public Works / Engineering) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, this item be continued. Carried by unanimous vote. PARKING ADM (801-2-24) 6. Resolution No. 2004-118: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS / ENGINEERING TO ESTABLISH A "NO PARKING" ZONE IN FRONT OF 2519 D AVENUE. (M. MARTINEZ, TSC ITEM NO. 2004-27) (PUBLIC WORKS / ENGINEERING) ACTION: Adopted. See above. CONTRACT (C2004-47) 7. Resolution No. 2004-119: AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 8, ACCEPT THE WORK AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY BOULEVARD 14TH TO 18TH STREETS IMPROVEMENTS, SPECIFICATION NO. 02-7. (Public Works / Engineering) ACTION: Adopted. See above. GRANT / LAW ENFORCEMENT (302-1-2) 8. Resolution No. 2004-120: AUTHORIZING THE CITY OF NATIONAL CITY TO TRANSFER ITS SHARE ($13,708.00) OF FY 2004-2005 JUVENILE ACCOUNTABILITY BLOCK GRANT FUNDS (COUNTYWIDE: $701,588.00) TO THE COUNTY OF SAN DIEGO Book 86/Page 175 7/6/04 CONSENT CALENDAR (cont.) GRANT / LAW ENFORCEMENT (302-1-2) TO REPLACE THE REGIONAL JUSTICE INFORMATION SYSTEM, A MORE EFFICIENT SYSTEM FOR TRACKING JUVENILE OFFENDERS. (Police) ACTION: Adopted. See above. CONTRACT (C2004-32) 9. Resolution No. 2004-121: SEEKING COUNCIL AUTHORIZATION TO WAIVE THE BID PROCESS AND AWARD A CONTRACT FOR MOBILE COMMUNICATION SERVICES WITH VERIZON WIRELESS THROUGH MOBILE DATACOM. (MIS) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-19) 10. Warrant Register No. 49. Ratification of Demands in the amount of $921,891.45. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 11. Warrant Register No. 50. Ratification of Demands in the amount of $455,397.67. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 12. Warrant Register No. 51. Ratification of Demands in the amount of $1,120,889.76. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS CONDITIONAL USE PERMITS 2004 (403-19-1) SUBDIVISION ADM (415-1-1) 13. 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.: CUP-2003-8/S-2003-1) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval. Book 86/Page 176 7/6/04 PUBLIC HEARINGS (cont.) CONDITIONAL USE PERMITS 2004 (403-19-1) SUBDIVISION ADM (415-1-1) TESTIMONY: Joseph Scarlatti, San Diego, representing the developer, submitted an alternative proposal for undergrounding of utilities. ACTION: Motion by Parra, seconded by Morrison, to approve the CUP with all conditions of approval and no waiver of the underground requirements. Carried by the following vote, to - wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. CONDITIONAL USE PERMITS 2004 (403-19-1) 14. Public Hearing — 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 approval. TESTIMONY: Frank Lopez, National City Alcohol, Tobacco and Drug Task Force (ALTOD), indicated no opposition to the CUP but suggested some modified and added conditions of approval, specifically: modify Condition #4 to include "all persons serving alcoholic beverages to be at least 21 years of age;" modify Condition #8 to "prohibit the sale of alcoholic beverages from 10:00 p.m. to 11:00 a.m.," and add condition to "prohibit the sale of alcoholic beverages to be served in containers of more than 16 ounces and to prohibit the sale of alcoholic beverages in pitchers." Hong Ming Lo, the applicant and owner, responded to questions. ACTION: Motion by Natividad, seconded by Parra, to approve the CUP with suggested modifications to the conditions of approval. Carried by the following vote, to -wit: Ayes: lnzunza, Morrison, Natividad, Parra. Nays: Ungab. Absent: None. Abstain: None. Book 86/Page 177 7/6/04 PUBLIC HEARINGS (cont.) SUBDIVISION ADM (415-1-1) 15. Public Hearing — Tentative Subdivision Map and Planned Development Permit for four single-family homes (condominium ownership) on a 20,000 square foot lot at 1945 Palm Avenue with variances for reduced backup space and garage dimensions. (Applicant: Diaz Development) (Case File No.: S-2004-1/PD-2004- 1/Z-2004-1) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended approval. TESTIMONY: Roberto Tessada, San Diego, representing the proponent, spoke in favor and responded to questions. Alfonso Hernandez, National City, expressed concerns about conditions of the property. ACTION: Motion by Inzunza, seconded by Parra, to approve the Tentative Subdivision May and Planned Development Permit with all conditions . Carried by unanimous vote. Mayor Inzunza left the Chamber at 7:35 p.m. and returned during discussion of Item No. 17. SEWER CAPACITY / FEES ADMIN (906-1-4) 16. Public Hearing to consider collection of delinquent sewer service charges on the tax roll, and to consider placement of liens against parcels of land for which sewer service was provided, and for which sewer service charges remain delinquent for 60 days. (City Attorney) RECOMMENDATION: Hold the public hearing. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to close the hearing. Carried by unanimous vote. Absent: Inzunza. Motion by Natividad, seconded by Morrison, to approve the report. Carried by the following vote. Absent: Inzunza. COMMUNITY DEV LANDSCAPE DIST. NO. 1 (MILE OF CARS) (406-2-8) 17. Public Hearing regarding levy of assessments for costs of maintenance — Landscape Maintenance District No. 1 (LMD) — "Mile of Cars". (Community Development Commission) Refer to Item No. 18 Book 86/Page 178 7/6/04 PUBLIC HEARINGS (cont.) COMMUNITY DEV LANDSCAPE DIST. NO. 1 (MILE OF CARS) (406-2-8) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to close the public hearing. Carried by unanimous vote. NON CONSENT RESOLUTIONS COMMUNITY DEV LANDSCAPE DIST. NO. 1 (MILE OF CARS) (406-2-8) 18. Resolution No. 2004-122: CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT OF A SPECIAL MAINTENANCE DISTRICT (MILE OF CARS). (Community Development Commission) Refer to Item No. 17 RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. ELECTION NOV 2004 PROPOSITION 19. Resolution No. 2004-123: ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR TOGETHER WITH A DEFINED BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER AND CITY CLERK, ESTABLISHING A CODE OF ETHICS FOR ELECTED OFFICIALS OF THE CITY, AND IMPOSING CAMPAIGN CONTRIBUTION LIMITS. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Daryl Gorham, National City, spoke in favor of term limits in general but suggested modifications to the proposed Resolution. ACTION: Motion by Parra, seconded by Natividad, to continue this item in order to allow time to work out the details. Carried by unanimous vote. Book 86/Page 179 7/6/04 OLD BUSINESS PARKING ADM (801-2-24) 20. SUBJECT: Report to the City Council on the issue of new red curb on the southwest corner and the existing red curb at the southeast corner of 8th Street and N Avenue. (Public Works/Engineering) RECOMMENDATION: Staff recommended that the intersection remain the same. TESTIMONY: None ACTION: Motion by Morrison, seconded by Parra, to approve staff's recommendation. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Ungab. Nays: Natividad. Absent: None. Abstain: None. NEW BUSINESS CONDITIONAL USE PERMIT (403-19-1) 21. SUBJECT: Notice of Decision — Planning Commission Approval of a Conditional Use Permit for the sale of beer and wine for Karaoke and live entertainment at Old Recipes Restaurant at 1615 Sweetwater Road. (Applicant: Dr. Benjamin O. Camacho) (Case File No. CUP-2004-11) (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 Alcohol, Tobacco and Drug Task Force (ALTOD), indicated no opposition to the CUP but expressed some concerns about noise. ACTION: Motion by Morrison, seconded by Inzunza, to file. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 22. SUBJECT: Temporary Use Permit — Sweetwater Medical Plaza Community Health Fair (Friday, July 9, 2004). (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP application subject to compliance with all Conditions of Approval and grant the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Natividad, to approve staff's recommendation. Carried by unanimous vote. Book 86/Page 180 7/6/04 NEW BUSINESS (cont.) NATIONAL CITY COMMUNITY CENTER (1101-5-1) 23. SUBJECT: Request by the Rotary Club of San Diego -Paradise Valley to use the Martin Luther King, Jr. Community Center on a weekly basis and waiver of fees. (Public Works/Engineering) RECOMMENDATION: None. TESTIMONY: Robert Stober, representing Rotary, spoke in favor and responded to questions. Cecilia Kirk, National City, spoke on behalf of the National City Lions Club. ACTION: Motion by Parra, seconded by Ungab, to approve the use for three months on the same basis as other service clubs who pay $100 per month and to allow administrative review and approvals beyond that time. Carried by unanimous vote. Motion by Inzunza, seconded by Ungab to approve a fee waiver for the Rotary Club's luau but deny approval for alcoholic beverages. Carried by the following vote, to -wit: Ayes: Inzunza, Natividad, Ungab. Nays: Morrison, Parra. Absent: None. Abstain: None. CONDITIONAL USE PERMITS 2004 (403-19-1) MUNICIPAL CODE 2003 (506-2-18) 24. SUBJECT: Consideration of a draft Administrative Guideline for community meetings to be held for Conditional Use Permits involving the sale of alcoholic beverages. (Planning) RECOMMENDATION: Staff recommended approval. TESTIMONY: Frank Lopez, National City, expressed interest in having the applicant make available a list of the persons that were provided a notice. ACTION: Motion by Morrison, second by Parra, that we approve the draft administrative guidelines with the addition that the applicant notify everyone within 660 feet of the property by mail or handout of the community meeting., provide a copy of the mail list or map where hand delivery was done; and the Mayor and Council be added to a list of organizations to be notified. Carried by unanimous vote. Book 86/Page 181 7/6/04 NEW BUSINESS (cont.) SOLID WASTE / RECYCLING (911-1-6) SOLID WASTE / HAZARDOUS (911-1-7) 25. SUBJECT: 2001/2002 California Integrated Waste Water Management Board biennial review and approval of the City's solid waste diversion rates, which exceed the AB 939 requirement of 50%. (Public Works / Engineering) RECOMMENDATION: Accept report and continue to support efforts of Source Reduction, Recycling and Household Hazardous Waste Programs to meet diversion rate goals. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to accept and file. Carried by unanimous vote. PARKING ADM (801-2-24) 26. SUBJECT: Status report to the City Council explaining some positive changes implemented for the Parking Permit Program to allow portability of permits between vehicles of the same household. (Public Works/Engineering) RECOMMENDATION: Accept report and continue to support efforts of Source Reduction, Recycling and Household Hazardous Waste Programs to meet diversion rate goals. TESTIMONY: Receive report. ACTION: Motion by Natividad, seconded by Morrison, to accept and file. Carried by unanimous vote. WRITTEN COMMUNICATIONS PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) 27. SUBJECT: Recognition from Stephen Lynch thanking Andrew Hoskinson for his excellent assistance. RECOMMENDATION: None. TESTIMONY: None. ACTION: No action. Book 86/Page 182 7/6/04 WRITTEN COMMUNICATIONS (cont.) BLOCK GRANT PROGRAM ADM (406-1-19) COMMUNITY DEV HOME INVESTMENT (911-1-7) 28. SUBJECT: Letter from U.S. Department of Housing and Urban Development regarding the FY 2004 On -site Monitoring Report on the Community Development Block Grant Program and the HOME Investment Partnership Program. (City Manager) RECOMMENDATION: None. TESTIMONY: None. ACTION: No action. Attorney Eiser introduced TransNet Resolution No. 2004-114, "Endorsing the Transnet Extension Ordinance and Expenditure Plan." (City Attorney) ACTION: Motion by Parra, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. STAFF City Clerk Dalla asked for and received clarification regarding the Library Board of Trustees. MAYOR AND CITY COUNCIL Councilman Morrison presented a check to the City Manager for $23,981 from RSWA resulting from the City's successful recycling efforts. Councilman Morrison commented on the noteworthy improvements he observed in a recent visit to Chicago. Vice Mayor Parra reported that the Asthma Committee will be hosting a workshop for businesses on July 21st and thanked staff for an outstanding job with the 4th of July Carnival. Councilman Natividad reported receiving compliments form people from outside the city about our interest and efforts dealing with asthma awareness in our community. ADJOURNMENT The Next Regular City Council Meeting will be held on Tuesday, July 20, 2004, at 6:00 p.m., Council Chambers, Civic Center. ADJOURNMENT (cont.) The meeting closed at 8:40 p.m. Book 86/Page 183 7/6/04 CITY C RK The foregoing minutes were approved at the Regular Meeting of July 20, 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.