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HomeMy WebLinkAbout2004 09-21 CC MINBook 86/Page 236 9/21/04 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 21, 2004 The Adjourned Regular Meeting of the City Council, meeting in Joint Session with the Community Development Commission, and the Regular Meeting of the City Council of the City of National City, was called to order at 6:00 p.m. by Mayor Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Condon, Dalla, Deese, Eiser, Gonzales, Juniel, Kirkpatrick, Morse, Ray, Trees, Zapata. Others present: Veronica Cuevas and Kelly Lam, Student Council representatives. Prior to opening the Public Hearing for Item No. 1, Mayor Inzunza and Vice Mayor Parra announced that they owned property within the boundaries of the proposed amendment and would, therefore, be abstaining from participation in the hearing and proceedings. Mayor Inzunza appointed Councilmember Morrison to chair the meeting. Mayor Inzunza and Vice Mayor Parra left the Chamber. It was also announced that at the conclusion of testimony by those wishing to speak, the hearing would be continued to a joint Community Development Commission / City Council meeting on October 5th BUSINESS REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) 1. JOINT PUBLIC HEARING: OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON THE PROPOSED 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN. RECOMMENDATION: Open the hearing and receive public testimony. Staff reports by Consultants Oliver Mujica and Frank Spevacek of CDC, clarified that, among other things, occupied residential units were not being considered for eminent domain under the proposed amendment. Book 86/Page 237 9/21 /04 BUSINESS (cont.) REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) TESTIMONY: Mike Jariwala, National City, spoke in opposition to the proposed amendment. Charlene Bennett, National City, spoke on behalf of her father, in opposition to the amendment. Todd Al Bayati, National City, spoke in opposition to the amendment. Robert Dominguez, National City, expressed concerns but was neutral on the amendment. Maria Doria, National City, spoke in support of exempting residential property and was neutral on the proposed amendment. Ted Godshalk, National City, requested clarification of the impact on residential uses. Michael Sunshin, National City, spoke in opposition to the proposed amendment. Daryl Gorham, National City, criticized the way the Public Hearing was arranged and handled. ACTION: Councilmember Morrison announced that due to the fact that the Council Chamber and Lobby were dangerously filled to capacity and citizens could not hear or move, he was going to make a motion that the hearing be continued to October 5th, and be moved to the Martin Luther King Community Center. Motion by Morrison, seconded by Ungab, to continue the hearing to October 5, 2004, at 6:00 p.m., in the Martin Luther King Community Center. Carried by unanimous vote. Absent: lnzunza, Parra. The Adjourned Regular Meetings of the City Council and the Community Development Commission were adjourned at 6:40 p.m. The Regular Meeting of the City Council was recessed at 6:40 p.m. The meeting reconvened at 6:55 p.m. All members, except Mayor Inzunza, were present. PUBLIC ORAL COMMUNICATIONS Ted Godshalk, National City, requested that the future City Council meeting dealing with ethics be held at 6:00 p.m. Book 86/Page 238 9/21/04 PUBLIC ORAL COMMUNICATIONS (cont.) Eduardo Suandes, National City, discussed problems with the City resulting from a concrete project in his front yard. Alfonso Hernandez, National City, spoke about the need for better enforcement in and around Kimball Park. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) Employee of the Month Program — Robert Hernandez, Firefighter, was recognized as Employee of the Month for September 2004. PUBLIC ART COMMITTEE (101-7-1) Susana Peredo, Chairperson, National City Public Arts Committee Update. Ms. Peredo updated the City Council on the activities, plans and opportunities being considered by the newly formed Public Arts Committee. PROCLAMATIONS A Proclamation proclaiming Sunday, September 5, 2004 as: "LUCY DEL ROSARIO GONZALES DAY." A Proclamation proclaiming Sunday, September 5, 2004 as: "RIC D. CHANTENGCO DAY." A Proclamation proclaiming Tuesday, September 7, 2004 as: "OLD TOWN COMMUNITY VOTER REGISTRATION DAY." A Proclamation proclaiming the week of September 17-23, 2004 as: "CONSTITUTION WEEK." ACTION: No action was taken INTERVIEWS/APPOINTMENTS SENIOR CITIZEN ADVISORY COMMITTEE ADMIN (101-11-1) Board and Commission Appointments: Senior Citizens Advisory Board. (City Clerk) ACTION: Motion by Morrison, seconded by Natividad, to appoint all three applicants: James Boyer, John Bryant. and Yvonne Cordoba. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 239 9/21/04 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Approval of the Minutes), Item No. 2 (NCMC), Item Nos. 3 through 8 (Resolution Nos. 2004-176 through 2004-181), Item No. 9 and 10 (Warrants), and Item No. 11 (Claim). Motion by Morrison, seconded by Natividad, the Consent Calendar be approved. Carried by unanimous vote. Absent: Inzunza. APPROVAL OF MINUTES 1. Approval of the Minutes of the Special Workshop and Regular Meeting of September 7, 2004. ACTION: Approved. See above. NATIONAL CITY MUNICIPAL CODE (506-02-19) 2. 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 a reading of the title only. (City Clerk) ACTION: Approved. See above. SUBDIVISION ADMIN (415-1-1) 3. Resolution No. 2004-176: TO APPROVE, ACCEPT, AND RECORD MARIPOSA WALK FINAL SUBDIVISION MAP (S-2003-8, PD-2003- 6). (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2004-44) 4. Resolution No. 2004-177: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALFRED M. DE LA CRUZ, ESQ. TO PROVIDE SERVICES AS SPECIAL TRIAL COUNSEL. (City Attorney) ACTION: Adopted. See above. PERSONNEL ADMIN (604-6-1) 5. Resolution No. 2004-178: APPROVING AN ADJUSTMENT TO THE SALARY OF THE CITY ATTORNEY TO BE REIMBURSED BY THE COMMUNITY DEVELOPMENT COMMISSION. (City Attorney) ACTION: Adopted. See above. Book 86/Page 240 9/21/04 CONSENT CALENDAR (cont.) SUBDIVISION ADMIN (415-1-1) CONDITIONAL USE PERMITS (403-19-1) 6. Resolution No. 2004-179: APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE, BETWEEN 8TH STREET AND 9TH STREET INTO EIGHT RESIDENTIAL LOTS WITH A CONDITIONAL USE PERMIT FOR ONE OF THE LOTS TO HAVE AN ACCESSORY LIVING UNIT (APPLICANT: BRETT FARROW - FOR ALPHA PROJECT) (CASE FILE NO.: S-2004- 6/CUP-2004-18). (Planning) ACTION: Adopted. See above. SUBDIVISION ADMIN (415-1-1) PLANNED DEVELOPMENT PERMIT ADMIN (414-1-19) 7. Resolution No. 2004-180: APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR DIVISION OF A 1.9 ACRE PROPERTY TO ACCOMMODATE A 25 UNIT RESIDENTIAL DEVELOPMENT ON THE WEST SIDE OF INTERSTATE 805 NORTH OF 16TH STREET. (APPLICANT: PACIFICA COMPANIES) (CASE FILE NO. S-2004-2/PD-2004/2) (Planning) ACTION: Adopted. See above. CONTRACT (C2004-45) 8. Resolution No. 2004-181: AUTHORIZING THE MAYOR TO EXECUTE A LIBRARY AUTOMATION SOFTWARE LICENSE AGREEMENT WITH DYNIX CORPORATION FOR THE NATIONAL CITY PUBLIC LIBRARY IN THE AMOUNT OF $52,423.60. (Library) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-19) 9. Warrant Register No. 9 Ratification of Demands in the amount of $1,128,510.60. ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 10. Warrant Register No. 10. Ratification of Demands in the amount of $150,625.32. (Finance) ACTION: Ratified. See above. Book 86/Page 241 9/21 /04 CONSENT CALENDAR (cont.) CLAIMS (501-1-148) 11. SUBJECT: Claim for Damages: Robert Fernandez. (City Clerk) ACTION: Denied. See above. PUBLIC HEARING SUBDIVISION ADM (415-1-1) 12. Public Hearing — Tentative Subdivision Map to divide one 3.2 acre property into two lots with a Conditional Use Permit for 21 condominium townhomes on the vacant, northerly 1.3 acres of the property, which is partially developed with Sav-on Drug Store (Applicant: The Olson Company) (Case File No.: S-2004-7/CUP- 2004-17). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval. TESTIMONY: Kimberly Duran, representing the developer, responded to questions and spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to close the hearing. Carried by unanimous vote. Absent: Inzunza. Motion by Ungab, seconded by Morrison, to approve with additional condition that the development include either a sprinkler system or an alternate emergency access route. Carried by unanimous vote. Absent: Inzunza. PUBLIC HEARING PLANNED DEVELOPMENT PERMIT ADMIN (414-1-19) 13. Continued Public Hearing — Planned Development Permit for a second residential unit on a 10,500 square foot property at 1937 Lanoitan Avenue. (Applicant: Felipe Ruelas) (Case File No.: PD- 2003-3) (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval. TESTIMONY: Felipe Ruelas, National City, was present and responded to questions ACTION: Motion by Natividad, seconded by Morrison, to continue this item for two weeks. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 242 9/21/04 NON CONSENT RESOLUTIONS ENCROACHMENT AGREEMENT ADMIN (903-14-1) 14. Resolution No. 2004-182: APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE INSTALLATION AND MAINTENANCE OF WAY FINDING SIGNAGE IN THE CITY RIGHT OF WAY. (Public Works/Engineering) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. Absent: Inzunza. CONTRACT (C2003-28) 15. Resolution No. 2004-183: APPROVING A PROFESSIONAL SERVICES CHANGE ORDER WITH KATZ ARCHITECTURE IN THE AMOUNT OF $20,000 DUE TO EXPENSES INCURRED IN THE CONTRACTOR OUTREACH PROGRAM IMPLEMENTED DURING PROJECT CONSTRUCTION BIDDING PROCESS OF THE FIRE STATION. (Public Works/Engineering) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. Absent: Inzunza. CONTRACT (C2004-46) 16. Resolution No. 2004-184: APPROVING AN AGREEMENT WITH JONES AND MADHAVEN ARCHITECTURE ENGINEERING FOR $95,000 TO PROVIDE ARCHITECTURAL SERVICES FOR THE NATIONAL CITY MUNICIPAL SWIMMING POOL FACILITY RENOVATION PROJECT. (Public Works/Engineering) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 243 9/21 /04 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C91-21) NC TRANSIT PARATRANSIT PLAN (TDA FUNDS) (805-1-4) 17. Resolution No. 2004-185: AUTHORIZING THE MAYOR TO EXECUTE A 30-DAY EXTENSION TO AN AGREEMENT WITH THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) FOR ADMINISTRATION OF TAXICABS AND OTHER FOR -HIRE VEHICLE REGULATIONS. (City Attorney) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. Absent: Inzunza. ORDINANCES FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE (506-02-19) 18. "ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTER 1.21 PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM, COMMONLY KNOWN AS THE "DATE RAPE DRUG," ADOPTED JUNE 13, 2000, AS ORDINANCE NO. 2000- 2176." (City Attorney) NATIONAL CITY MUNICIPAL CODE (506-02-19) 19. "ORDINANCE OF THE CITY COUNCIL AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.20 PERTAINING TO ABATEMENT ON PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR THE SALE OR DISPLAY OF DRUG PARAPHERNALIA." (City Attorney) Councilmember Morrison asked for a review of why tobacco paper is excluded from paraphernalia. NEW BUSINESS MARTIN LUTHER KING JR COMMUNITY CENTER (1101-5-1) 20. SUBJECT: City Council approval for Sweetwater High School to serve alcohol in the Martin Luther King, Jr. Community Center on October 16, 2004 at their fundraiser to refurbish the Gail Devers Stadium. (Public Works/Engineering) RECOMMENDATION: None. NEW BUSINESS (cont.) MARTIN LUTHER KING JR COMMUNITY CENTER (1101-5-1) TESTIMONY: Louise Martin, National City, spoke in favor. ACTION: Motion by Natividad, to approve with two police officers required. Motion died for a lack of second. Motion by Morrison, seconded by Ungab, to approve the request with all conditions of staff including waiver of fees. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 244 9/21/04 Councilmember Morrison suggested all Temporary Use Permits (TUPs) for use of the Community building be approved by Council. STAFF Community Services Director Leslie Deese reported on planning for the new International Parade and Fair. MAYOR AND CITY COUNCIL Councilmember Natividad inquired about the reported plan by the state to withhold previously approved funding for the Municipal Pool project. Councilman Morrison suggested consideration be given to Locating trash containers at all bus stops. Vice Mayor Parra reported on the successful neighborhood beautification event that took place last weekend and thanked the staff and volunteers for a great event. Kelly Lam, student representative, invited people to participate with the Sweetwater Key Club and Kiwanis Club in a Special Olympics event on September 25, 2004 at the Naval Station athletic field. CLOSED SESSION Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (a) Renee Love v. National City Police Department, et al., San Diego Superior Court Case No. GIS 17929 Conference with Legal Counsel -Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (One potential case) Book 86/Page 245 9/21/04 CLOSED SESSION (cont.) Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9 (c) (One potential case) ACTION: Motion by Morrison, seconded by Natividad, to go into Closed Session. Carried by unanimous vote. Absent: Inzunza. Members retired into closed session at 8:25 p.m. CLOSED SESSION REPORT City Attorney George Eiser reported that in the matter of Renee Love v. National City Police Department, et al., San Diego Superior Court Case No. GIS 17929: The City Council took action to direct that the litigation be defended. ADJOURNMENT The meeting was adjourned to the Next Regular City Council Meeting to be held on Tuesday, October 5, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 10:00 p.m. The foregoing minutes were approved at the Regular Meeting of October 5, 2004. tYJ MAYOR 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.