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HomeMy WebLinkAbout2004 10-05 CC MINBook 86/Page 246 10/5/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 5, 2004 The Regular Meeting of the City Council of the City of National City was called to order at 6:00 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Dalla, Eiser, Kirkpatrick, Martinez, Zapata. Others present: George Hood, City Treasurer, Kelly Lam, Student Council representatives. PUBLIC ORAL COMMUNICATIONS — None. PROCLAMATIONS (102-2-1) A Proclamation proclaiming the month of October as: "The Columbian Foundation for People with Mental Retardation, Inc. Month." A Proclamation proclaiming Saturday, October 2, 2004, as: "Roger Cazares Day." ACTION: The Proclamation for Mental Retardation Month was presented to representatives from St. Anthony's Church. The Proclamation for "Roger Cazares Day" was presented previously. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Approval of the Minutes), Item No. 2 (NCMC), Item Nos. 3 through 8 (Resolution Nos. 2004-186 through 2004-191), Item Nos. 9 and 10 (Warrants), and Item No. 11 (Claim). Motion by Natividad, seconded by Morrison, the Consent Calendar be approved. Carried by unanimous vote. APPROVAL OF MINUTES 1. Approval of the Minutes of September 21, 2004 Joint Adjourned Regular Meeting of the City Council and the Community Development Commission, and the Minutes of September 21, 2004 Regular Meeting of the City Council. ACTION: Approved. See above. Book 86/Page 247 10/5/04 CONSENT CALENDAR (cont.) NCMC (506-2-19) 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. CONDITIONAL USE PERMITS 2004 (403-19-1) 3. Resolution No. 2004-186: APPROVING A 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 PARTIALLY DEVELOPED WITH SAV-ON DRUG STORE (APPLICANT: THE OLSON COMPANY) (CASE FILE NO. S-2004-7/CUP-2004-17). (Planning) ACTION: Adopted. See above. PARKING ADM (801-2-24) 4. Resolution No. 2004-187: AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A TEN -FOOT RED "NO PARKING" ZONE ON THE SOUTHWEST CORNER OF 14TH STREET AND ORANGE STREET (A. CUNANAN, TSC ITEM NO. 2004-43). (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2004-47) 5. Resolution No. 2004-188: AUTHORIZING THE PURCHASE OF TWO TRUCKS FOR THE WASTEWATER DIVISION OF PUBLIC WORKS AT AN ESTIMATED COMBINED COST OF $55,000 FROM WASTEWATER AUTOMOTIVE EQUIPMENT ACCOUNT 125-422-222-511. ONE TRUCK IS A REPLACEMENT OF A HEAVY-DUTY TRUCK USED IN DAILY SEWER MAINTENANCE AND THE OTHER, A LIGHT DUTY PICK-UP TRUCK FOR THE STORMWATER COMPLIANCE INSPECTOR. (Public Works/Engineering) ACTION: Adopted. See above. Book 86/Page 248 10/5/04 CONSENT CALENDAR (cont.) PARKING ADM (801-2-24) 6. Resolution No. 2004-189: AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A "30 MINUTE PARKING" ZONE ON THE NORTH SIDE OF 1302 NATIONAL CITY BOULEVARD. (TSC ITEM NO. 2004-42) (Public Works/Engineering) ACTION: Adopted. See above. POLITICAL SUPPORT ADM (102-4-1) 7. Resolution No. 2004-190: SUPPORTING PROPOSITION 1-A ON THE NOVEMBER 2004 GENERAL ELECTION BALLOT LIMITING THE ABILITY OF STATE GOVERNMENT TO TRANSFER MONIES FROM THE CITY OF NATIONAL CITY TO THE STATE. (City Manager) ACTION: Adopted. See above. CONTRACT (C2004-9) 8. Resolution No. 2004-191: APPROVING CHANGE ORDER NUMBER SEVEN IN THE AMOUNT OF $16,047 FOR THE INSTALLATION OF WESTNET FIRST ALERT AND COMMUNICATION SYSTEM INSTEAD OF A MOTOROLA SYSTEM FOR THE FIRE DEPARTMENT'S CONSTRUCTION PROJECT AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO SIGN THE CHANGE ORDER ON BEHALF OF THE CITY. (Public Works/Engineering) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-19) 9. Warrant Register No. 11 Ratification of Demands in the amount of $1,207,234.10. ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 10. Warrant Register No. 12. Ratification of Demands in the amount of $351,723.59. (Finance) ACTION: Ratified. See above. Book 86/Page 249 10/5/04 CONSENT CALENDAR (cont.) CLAIMS (501-1-148) 11. SUBJECT: Claim for Damages: Evelyn J. McCole. (City Clerk) ACTION: Denied. See above. The Adjourned Regular Meeting of the Community Development Commission of the City of National City, meeting in Joint Session with the City Council, was called to order at 6:05 p.m. Mayor Inzunza and Vice Mayor Parra both announced that they had property interests within the boundaries of proposed 2004 Amendment to the National City Redevelopment Plan. For that reason, they would not be participating in nor be present for the Public Hearing. Councilman Morrison was appointed to chair the meeting. Mayor Inzunza and Vice Mayor Parra left the Chamber at 6:06 p.m. PUBLIC HEARING REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) 12. SUBJECT: Joint Public Hearing of the City Council and Community Development Commission on the proposed 2004 Amendment to the National City Redevelopment Plan. (Community Development Commission) RECOMMENDATION: Conduct the Joint Public Hearing as required by the Community Redevelopment Law Health and Safety Code. TESTIMONY: The following individuals expressed opposition to the proposed amendment: Stephanie Leif, San Diego Robert Leif, San Diego Alfonso Hernandez, National City Tony Bedford, San Diego Gary Himaka, National City Ayne Majul, National City Ed Bullock, National City Wayne English, National City Glenn Batchelor, National City Joseph Parker, National City Mike Zaveri, National City Sue Davis, National City Darryl Gorham, National City Book 86/Page 250 10/5/04 PUBLIC HEARING (cont.) REDEVELOPMENT / N.C. REDEV PROJECT (411-1-10) Sarah Ruiz, National City Eric Jacobs, National City Frieda Sprague, no address given Student Representative Kelly Lam. The following individuals indicated that they were "neutral" on the proposed amendment: Mary Johnson, National City Jesse Ramirez, National City Romeo Marquez Rosalie Zarate, National City Ralph Lutes, National City Josef Sedivec, National City. The following individuals submitted written comments concerning the proposed amendment: Herman Baca, National City Judy de los Santos, National City Kile Morgan, National City Frederick Poale, National City Tony Belford, San Diego Gary Himaka, National City Jerri Williams and Manny Zamora, National City. ACTION: Motion by Ungab, seconded by Natividad, to close the hearing. Carried by unanimous vote. Absent: Inzunza, Parra. It was announced that the next step in the process would be to hold a Public Workshop at 6 p.m., on November 15, 2004, at the Martin Luther King Community Center. The Community Development Commission (CDC) adjourned to the Next Regular Meeting to be held on Tuesday, October 19, 2004. The meeting closed at 7:42 p.m. A recess was called at 7:42 p.m. Book 86/Page 251 10/5/04 The meeting reconvened at 8:00 p.m. All members were present. Administrative staff present: Deese, Dalla, Eiser, Post, Kirkpatrick, Pauu, Morse, Zapata. 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 of the Planned Development Permit. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve the CUP and Planned Development Permit with all conditions of staff. Planning Director Post asked for clarification on whether the motion included a requirement for a two -car garage for both the new and existing houses. The maker and second clarified that both garages were part of the motion. Carried by unanimous vote. VARIANCES 2004 (409-1-37) 14. Public Hearing — Variance for a reduced front yard setback for an addition to thesingle-family residence at 304 East 27th Street. (Applicant: Raul Salinas) (Case File Z-2004-7) (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval of the Zone Variance. TESTIMONY: Madeleine Estepa, National City, spoke in opposition. An unnamed speaker, appearing on behalf of the applicant, spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to continue this item for two weeks. Carried by unanimous vote. Book 86/Page 252 10/5/04 NON CONSENT RESOLUTIONS CONTRACT (C2001-14) 15. Resolution No. 2004-192: APPROVING A SUPPLEMENTAL AGREEMENT WITH BDS ENGINEERING, INC. TO PROVIDE THE CITY WITH CIVIL ENGINEERING DESIGN SERVICES IN THE "NOT TO EXCEED" AMOUNT OF $113,200 FOR THE NATIONAL CITY SANITARY SEWER SYSTEM AND THE SANITARY AND STORM DRAIN PUMP STATION REHABILITATION, AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE THE AGREEMENT. (Public Works/Engineering) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE (506-02-19) 16. "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) ORDINANCE FOR ADOPTION NATIONAL CITY MUNICIPAL CODE (506-02-19) 17. "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) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to adopt Ordinance No. 2004-2252. Carried by unanimous vote. Book 86/Page 253 10/5/04 NEW BUSINESS COUNCIL WORKSHOP NOTICES ADM (102-6-1) 18. SUBJECT: Scheduling of City Council Workshop to consider an ethics code and campaign contribution limitations. (City Attorney) RECOMMENDATION: Schedule workshop. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Morrison, to postpone until January 2005. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Ungab. Nays: Inzunza, Parra. Absent: None. Abstain: None. TEMPORARY USE PERMITS 2004 (203-1-20) 19. SUBJECT: Temporary Use Permit — Kalusugan Community Services Fil-Am Wellness Center 2nd anniversary celebration on November 6, 2004 at 1419 East 8th Street. (Building & Safety) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, grant the waiver of fees, and deny the use of the stage and PA system. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to approve with all conditions of staff. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 20. SUBJECT: Temporary Use Permit — Sweetwater Town & Country Merchants -Fabulous 50's on October 23, 2004 at 1722 Sweetwater Road, Ste. C. (Building & Safety) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve staffs recommendation. Carried by unanimous vote. Book 86/Page 254 10/5/04 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2004 (203-1-20) 21. SUBJECT: Temporary Use Permit — Paradise Creek Educational Park-Dia De Los Muertos on October 31, 2004 at Hoover Avenue south of 18th Street. (Building & Safety) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 22. SUBJECT: Temporary Use Permit — National City Police Department — Pueblo Unidos March on Saturday, October 30, 2004, 10:00 a.m. on D Avenue from National City Middle School to Kimball Park and a community event in Kimball Park from 10:00 a.m. to 2:00 p.m. (Building & Safety) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by lnzunza, to approve staff's recommendation. Carried by unanimous vote. GENERAL PLAN 2004 (403-8-5) 23. SUBJECT: Minute Action: Approving the initiation of a General Plan Amendment for the Downtown Specific Plan. (Community Development Commission) RECOMMENDATION: Approve the Minute Action. TESTIMONY: None. ACTION: Motion by Parra, seconded by lnzunza, to approve. Carried by unanimous vote. GENERAL PLAN 2004 (403-8-5) 24. SUBJECT: Minute Action: Approving the initiation of a General Plan Amendment for the open space easement located within the Sweetwater River Regional Park for the development of the proposed Costco wholesale and retail store. (Community Development Commission) Book 86/Page 255 10/5/04 NEW BUSINESS (cont.) GENERAL PLAN 2004 (403-8-5) RECOMMENDATION: Approve the Minute Action. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to approve. Carried by unanimous vote. CONTRACT (C91-21) NC TRANSIT PARATRANSIT PLAN (TDA FUNDS) (805-1-4) 25. SUBJECT: Regulation and licensing of paratransit vehicles, including jitneys, charter vehicles, low speed vehicles and non - emergency medical vehicles. (City Attorney) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, to continue for two weeks. Carried by unanimous vote. WRITTEN COMMUNICATION NATIONAL CITY TRANSIT REPORTS (805-1-5) 26. SUBJECT: National City Transit Monthly Report — August, 2004. (National City Transit) RECOMMENDATION: None. TESTIMONY: None. ACTION: Accepted and filed. STAFF City Manager Chris Zapata announced the retirement of Finance Director Marylou Matienzo after 27 years in public service. Building and Safety Director Kathleen Trees invited everyone to attend the free, city -sponsored, educational play dealing with the hazards of lead poisoning. Ms. Trees also announced that the last neighborhood clean-up of the year would take place on October 9, 2004, in conjunction with Christmas in July and the Navy. MAYOR AND COUNCIL Councilman Natividad reported that he attended the American Public Works Association dinner where the National City Marina Project received the award for "Outstanding Project of the Year". Book 86/Page 256 10/5/04 MAYOR AND COUNCIL (cont.) Councilman Natividad requested that the alley behind El Juan Cafe be put on the next agenda so that it could be considered as a substitute alley in place of the next one on the project list. Councilman Natividad requested that there be a Resolution on the next agenda dealing with emergency housing provisions of Government Code Sections 8630 and 8558(c). Mr. Natividad also reported that Police Chief Gonzales recently received an award from the Police Historical Association and the National Latino Police Officers Association. ADJOURNMENT The meeting was adjourned in sympathy, honor and memory of Mr. Ray Gonzalez. The meeting was adjourned to the Next Regular City Council Meeting, to be held on October 19, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:35 p.m. The foregoing minutes were approved at the Regular Meeting of October 19, 2004. (/14)OR CITY 0 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.