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HomeMy WebLinkAbout2004 11-16 CC MINBook 86/Page 268 11/16/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 16, 2004 The Regular Meeting of the City Council of the City of National City was called to order at 6:05 p.m. by Mayor Nick Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Dalla, Eiser, Hodges, Juniel, Kirkpatrick, Kossyta, Lopez, Morse, Pauu, Post, Salcedo, Trees, Wurbs, Zapata. Others present: Kelly Lam and Veronica Cuevas, Student Council representatives. ADDITION TO THE AGENDA Mayor Inzunza reported that there was an item that came up after the posting of the agenda that would need City Council action prior to the next meeting and requested the item be added to the agenda as Item No. 40. MARTIN LUTHER KING JR COMMUNITY CENTER (1101-5-1) SUBJECT: Request to Use the Martin Luther King, Jr. Community Center by the Sweetwater Union High School Marine Corps JROTC and Waiver of Fees for their "First Semester Promotion and Change of Command Ceremony" on Tuesday, December 7, 2004. ACTION: Motion by Ungab, seconded by Morrison, to add the item to the agenda as Item No. 40. Carried by unanimous vote. INTERVIEWS / APPOINTMENTS PORT COMMISSION / COMMISSIONER APPT ADM (101-18-01) Reappointment of Port Commissioner, Jess Van Deventer. ACTION: This item was pulled from the Agenda. PUBLIC ORAL COMMUNICATIONS Rev. Jim Kilinsky, First Baptist Church, expressed concerns about the planned redevelopment efforts currently underway and the need for full disclosure. Book 86/Page 269 11/16/04 PUBLIC ORAL COMMUNICATIONS (cont.) Marta Salido, National City, expressed concerns about eminent domain and the need to have an informed person explain what is being proposed. Graciela Sanchez, National City, expressed concerns about eminent domain and the need to understand and to have answers. Ms. Sanchez stated that 3 p.m. is a bad time for residents to attend a meeting. Darryl Gorham, National City, congratulated all the recent candidates in the Municipal Election, both winners and losers. Michael Govea, Sweetwater High School, expressed concerns on behalf of students and parents about the presence of a billboard in close proximity to the High School that is advertising alcohol. Pete Salcedo, National City, asked questions about funding cuts for the Nutrition Center. Mary Martin, National City, reported on questionable activities of an out-of- town towing company and expressed concerns about overcrowding of schools resulting from higher density residential development. Geoff Hueter, representing Alianza-Alliance, spoke on behalf of various churches and expressed an interest in redevelopment plans and provisions for 20% set aside for affordable housing. Maria Castle, National City, expressed concerns that the recent Public Notices for redevelopment were only in English. Alfonso Hernandez, National City, expressed concern about traffic safety on Euclid Avenue adjacent to Lincoln Acres School and the need to remove an unsafe crosswalk. Maria Altamirano, National City, expressed concern about what will happen to schools and parks with construction of high -density housing. Note: CDC staff was requested to provide to the City Council a copy of all notices that are sent out to the public and to set up a working session on housing issues the second week in December. Book 86/Page 270 11 /16/04 A recess was called at 7:11 p.m. The meeting reconvened at 7:20 p.m. All members were present. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) Employee of the Month Program — Lilia Munoz, Executive Assistant II, was recognized as Employee of the Month of November 2004. City Manager Chris Zapata introduced the following new staff members and assignments: Lin Wurbs, Assistant City Manager, Park Morse, Finance Director, Michael Fellows and Lauren Lauletta, Management Interns. PROCLAMATIONS (102-2-1) A Proclamation proclaiming Friday, November 19, 2004 as: "Mebrahtom "Meb" Keflezighi Day." A Proclamation proclaiming November 17, 2004 as: "Robert Griego Day." ACTION: Mayor lnzunza reported that the Proclamations had been previously presented. Items No. 19, 24, 21, and 22 were taken up next. PUBLIC HEARINGS BLOCK GRANT PROGRAM ADM (406-1-19) 19. Public Hearing — Reallocation of Community Development Block Grant Funds. (Community Development Commission) Refer to Item No. 24 RECOMMENDATION: Hold public hearing; solicit and consider any public input. TESTIMONY: Georgia Guarano, National City, asked questions. Janice Martinelli, National City, responded to questions. ACTION: Motion by Ungab, seconded by Morrison, to close the hearing. Carried by unanimous vote. Item No. 24 was taken up next. Book 86/Page 271 11/16/04 NON CONSENT RESOLUTIONS BLOCK GRANT PROGRAM ADM (406-1-19) 24. Resolution No. 2004-213: APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Community Development Commission) Refer to Item No. 19 RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. PUBLIC HEARINGS SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMITS 2004 (403-19-1) 21. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the conversion of 72 apartment units to condominiums at 305 26th Street and 2420 D Avenue (Applicant: Weststone Management Consultants) (Case File No.: CUP-2004-5/S-2004-4). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval. TESTIMONY: Joseph Scarlatti, representing the applicant, requested that the condition requiring undergrounding be waived. ACTION: Motion by Natividad, seconded by Parra, to continue this item to December 21st SPECIFIC PLAN ADM (417-1-1) 22. Public Hearing — Specific Plan for residential, commercial and mixed -use development in downtown National City and related amendment to the General Plan. (Community Development Commission) Refer to Item No. 23. RECOMMENDATION: Continue the item to December 7, 2004. TESTIMONY: Teresa Sevilla, National City, inquired if the boundaries for the proposed plan overlap the boundary of the Old Town Specific Plan. ACTION: This item was continued to December 7th. No vote was taken. Book 86/Page 272 11/16/04 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Approval of the Minutes), Item No. 2 (NCMC), Items No. 3 through 11 (Resolution Nos. 2004-203A through 2004-211), Items No. 12 and 14 (Warrants), Items No. 15 through 18 (Claims). Motion by Natividad, seconded by Parra, Items No. 4, 6, 9, and 10 be pulled, the remainder of the Consent Calendar be approved, and the Claims for Damages be denied. Carried by unanimous vote. APPROVAL OF MINUTES 1. Approval of the Minutes of the Regular Meeting of October 19, 2004. ACTION: Approved. See above. 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. VARIANCES 2004 (409-1-37) 3. Resolution No. 2004-203A: APPROVING A VARIANCE FOR A REDUCED FRONT YARD SETBACK FOR AN ADDITION TO A SINGLE-FAMILY RESIDENCE AT 304 EAST 27TH STREET (APPLICANT: RAUL SALINAS) (CASE FILE NO. Z-2004-7). (Planning) ACTION: Adopted. See above. CONTRACT (C2004-48) 4. Resolution No. 2004-204: ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BIDS, FOR EQUIPMENT TO OUTFIT THE NEW FIRE TRUCK AND SPLITTING THE AWARD BETWEEN LN CURTIS AND KME FIRE, FOR A TOTAL AWARD OF $16,923.97. (Purchasing) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. Book 86/Page 273 11/16/04 CONSENT CALENDAR (cont.) CONTRACT (C2003-56) 5. Resolution No. 2004-205: AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 1 IN THE AMOUNT OF $1,158.85, ACCEPT THE WORK AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE DIVISION STREET AND "R" AVENUE TRAFFIC SIGNAL INSTALLATION. (PUBLIC WORKS/ENGINEERING) ACTION: Adopted. See above. CONTRACT (C2004-49) 6. Resolution No. 2004-206: AWARDING A CONTRACT TO HCI, INC. IN THE AMOUNT OF $73,247 FOR FIBER OPTIC CONNECTION FROM CITY HALL TO THE NEW FIRE STATION. (Public Works / Engineering) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2004-50) 7. Resolution No. 2004-207: AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $78,400 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS. (Public Works / Engineering) ACTION: Adopted. See above. CONTRACT (C2004-52) 8. Resolution No. 2004-208: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING INC. IN THE AMOUNT OF $188,000 IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. (Public Works / Engineering) ACTION: Adopted. See above. Book 86/Page 274 11 /16/04 CONSENT CALENDAR (cont.) CONTRACT (C2004-52) 9. Resolution No. 2004-209: AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR 916 A AVENUE. (APPLICANT: JEANNETTE SALAZAR. (CASE FILE M-2003-1) (Planning) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: Inzunza. Mayor Inzunza disclosed that he abstained because he rents property within 300 feet of the affected property. CONTRACT (C2004-53) 10. Resolution No. 2004-210: AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR 928 A AVENUE (APPLICANT: JEANNETTE SALAZAR) (CASE FILE M-2003-2). (Planning) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: Inzunza. Mayor Inzunza disclosed that he abstained because he rents property within 300 feet of the affected property. REVENUE AND TAXATION (205-2-1) 11. Resolution No. 2004-211: AMENDING RESOLUTION 2002-4 TO AUTHORIZE ACCESS TO SALES AND USE TAX RECORDS TO MUNICIPAL AUDITING SERVICES AND AUTHORIZED EMPLOYEE POSITIONS WITHIN THE CITY PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056. (Finance) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-19) 12. Warrant Register No. 15. Ratification of Demands in the amount of $964,831.21. ACTION: Ratified. See above. Book 86/Page 275 11/16/04 CONSENT CALENDAR (cont.) WARRANT REGISTER 2004 (202-1-19) 13. Warrant Register No. 16. Ratification of Demands in the amount of $937,369.41. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 14. Warrant Register No. 17. Ratification of Demands in the amount of $1,182,487.55. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-48) 15. SUBJECT: Claim for Damages: George Moises Ramos. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-48) 16. SUBJECT: Claim for Damages: Miguel Garcia. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-48) 17. SUBJECT: Claim for Damages: Corina Y. Lopez. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-48) 18. SUBJECT: Claim for Damages: Jamila Y. Childs. (City Clerk) ACTION: Denied. See above. PUBLIC HEARINGS BLOCK GRANT PROGRAM ADM (406-1-19) 19. Public Hearing — Reallocation of Community Development Block Grant Funds. (Community Development Commission) Refer to Item No. 24 ACTION: This item was taken up earlier in the meeting. SUBDIVISION ADM (415-1-1) 20. Public Hearing — Tentative Subdivision Map to create commercial condominium ownership of an existing medical office complex at 2340 E. 8th Street (Applicant: Michael O'Leary) (Case File No.: S- 2004-9). (Planning) Book 86/Page 276 11/16/04 CONSENT CALENDAR (cont.) SUBDIVISION ADM (415-1-1) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval. TESTIMONY: Michael Smith, appearing on behalf of the applicant, spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to close the hearing. Carried by unanimous vote. Motion by Parra, seconded by Inzunza, to approve. Carried by unanimous vote. SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMITS 2004 (403-19-1) 21. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the conversion of 72 apartment units to condominiums at 305 26th Street and 2420 D Avenue (Applicant: Weststone Management Consultants) (Case File No.: CUP-2004-5/S-2004-4). (Planning) ACTION: This item was taken up earlier in the meeting. SPECIFIC PLAN ADM (417-1-1) 22. Public Hearing — Specific Plan for residential, commercial and mixed -use development in downtown National City and related amendment to the General Plan. (Community Development Commission) Refer to Item No. 23. ACTION: This item was taken up earlier in the meeting. NON CONSENT RESOLUTIONS SPECIFIC PLAN ADM (417-1-1) 23. Resolution No. 2004-212: APPROVING THE SPECIFIC PLAN FOR RESIDENTIAL, COMMERCIAL AND MIXED -USE DEVELOPMENT IN DOWNTOWN NATIONAL CITY AND RELATED AMENDMENT TO THE GENERAL PLAN. (Community Development Commission) Refer to Item No. 22. RECOMMENDATION: To continue to a later date. TESTIMONY: None. ACTION: This item was continued. No vote was taken. Mayor Inzunza left the Chamber at 8:12 p.m. Book 86/Page 277 11 /16/04 NON CONSENT RESOLUTIONS (cont.) BLOCK GRANT PROGRAM ADM (406-1-19) 24. Resolution No. 2004-213: APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Community Development Commission) Refer to Item No. 19 ACTION: This item was taken up earlier in the meeting. BUDGET TRANSFERS 2004 (206-2-20) 25. Resolution No. 2004-214: AUTHORIZING THE TRANSFER OF $13,000 FROM THE GENERAL FUND DESIGNATED FOR CONTINGENCIES (ACCOUNT # 001-2411) FOR THE INTERNATIONAL FAIR AND PARADE (ACCOUNT # 001-409-000- 650-9012). (Community Services) RECOMMENDATION: Approve the Resolution. TESTIMONY: John Kirk, National City, responded to questions. ACTION: Motion by Parra, seconded by Ungab, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. CONTRACT (C2004-54) 26. Resolution No. 2004-215: ALLOCATING $275,000 FOR THE REMODEL OF THE CITY HALL SECOND FLOOR FRONT LOBBY AREA, THE HUMAN RESOURCES OFFICE AREA, AND THE ENGINEERING DEPARTMENT OFFICE AREA; AWARDING A CONTRACT TO RANDALL CONSTRUCTION IN THE AMOUNT OF $114,254 OF THE ALLOCATED FUNDS FOR THE REMODEL IMPROVEMENTS; APPROVING THE PURCHASE OF APPROXIMATELY $110,000 IN MODULAR FURNITURE FROM OFFICE PAVILION USING THE ALLOCATED FUNDS; AND APPROVING THE EXPENDITURE OF APPROXIMATELY $13,000 USING THE ALLOCATED FUNDS TO NEXUS FOR THE RELOCATION OF THE TELEPHONE AND COMPUTER SWITCHGEAR CURRENTLY IN THE HUMAN RESOURCE OFFICE AREA. (Public Works/Engineering) Book 86/Page 278 11/16/04 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2004-54) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. 27. SUBJECT: 800 MHZ CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUMENTS AGREEMENTS. (Police) CONTRACT (2004-55) A. Resolution No. 2004-216: AUTHORIZING THE MAYOR TO EXECUTE THE PARTICIPATING AGENCY AGREEMENT FOR THE SAN DIEGO- IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM. (Police) CONTRACT (2004-56) B. Resolution No. 2004-217: AUTHORIZING A SOLE SOURCE PURCHASE OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC. (Police) CONTRACT (2004-57) C. Resolution No. 2004-218: AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN DIEGO TO PAY FOR THE COSTS OF THE CITY'S PARTNERSHIP IN THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM. (Police) CONTRACT (2004-58) D. Resolution No. 2004-219: AUTHORIZING THE MAYOR TO EXECUTE A FIXED RATE EQUIPMENT LEASE/PURCHASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK FOR THE ACQUISITION OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC. (Police) RECOMMENDATION: Approve the four Resolutions. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve Resolution Nos. 2004-216; 2004-217; 2004-218 and 2004-219. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. Book 86/Page 279 11/16/04 NON CONSENT RESOLUTIONS (cont.) LAS PALMAS POOL ADMIN (702-3-3) 28. Resolution No. 2004-220: AMENDED RESOLUTION APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $502,000 FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 - PROPOSITION 12 (Community Services) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. LAS PALMAS POOL ADMIN (702-3-3) 29. Resolution No. 2004-221: AMENDED RESOLUTION APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $161,305 FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 — PROPOSITION 12. (Community Service) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. GRANT ADM (206-4-2) 30. Resolution No. 2004-222: APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $256,000 FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 — PROPOSITION 40. (Community Service) (Community Services) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. Book 86/Page 280 11/16/04 NON CONSENT RESOLUTIONS (cont.) GRANT ADM (206-4-2) ACTION: Motion by Natividad, seconded by Morrison, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. GRANT ADM (206-4-2) 31. Resolution No. 2004-223: APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $157,327 FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2002 — PROPOSITION 40. (Community Services) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Morrison, to approve the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Inzunza. Abstain: None. ORDINANCE FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE (506-02-19) 32. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING AND REENACTING CHAPTER 11.70 PROVIDING FOR THE LICENSING AND REGULATION OF TRANSPORTATION SERVICES WITHIN THE CITY BY THE ADOPTION OF A UNIFORM TRANSIT SYSTEM." (City Attorney) TESTIMONY: Mr. Akbar Majid, representing Yellow Cab, expressed concerns about limited permits, fees and spare vehicle provisions of the proposed Ordinance. ACTION: None. Mayor Inzunza returned at 8:30 p.m. Book 86/Page 281 11/16/04 ORDINANCES FOR ADOPTION NATIONAL CITY MUNICIPAL CODE (506-02-19) 33. "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY FOR ONE YEAR." (City Attorney) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to adopt Ordinance No. 2004-2254. Carried by unanimous vote. NATIONAL CITY MUNICIPAL CODE (506-02-19) 34. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.19 PERTAINING TO SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES." (City Attorney) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt Ordinance No. 2004-2255. Carried by unanimous vote. NEW BUSINESS GENERAL PLAN 2004 (405-8-5) 35. SUBJECT: Approving the initiation of a General Plan Amendment for the property located at 1125 Division Street for the development of the Fig Court Housing Project. (Community Development Commission) RECOMMENDATION: Approve Minute Action. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve. Carried by unanimous vote. Book 86/Page 282 11/16/04 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2004 (403-19-1) 36. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility in the shopping center at the northwest corner of Division Street and Euclid Avenue (Applicant: Delta Groups Engineering, Inc. for Sprint PCS) (Case File CUP-2004-6). (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, to file. Carried by unanimous vote. CONDITIONAL USE PERMITS 2004 (403-19-1) 37. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for an adult day support center at the Plaza East Shopping Center at 3403 East Plaza Boulevard, Suite "H" (Applicant: Gloria L. Revilla) (Case File CUP-2004-20). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Ronald Fabian, representing the applicant, spoke in favor. ACTION: Motion by Inzunza, seconded by Parra, to file. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra. Nays: Natividad, Ungab. Absent: None. Abstain: None. TEMPORARY USE PERMITS 2004 (203-1-20) 38. SUBJECT: Temporary Use Permit — National City Police Department/Regional Law Enforcement Agencies-14th Annual Law Enforcement Teddy Bear Drive on December 14, 2004 at Westfield Shopping Town Plaza Bonita from 7 to10 am. (Building & Safety) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval, grant the waiver of fees, and authorize the Police Department to sign the agreement. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, to approve the request. Carried by unanimous vote. Book 86/Page 283 11/16/04 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2004 (203-1-20) 39. SUBJECT: Temporary Use Permit — Bethel Church — Toys for Joy on December 10, 2004 at 1200 East 8th Street. (Building & Safety) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to approve the request. Carried by unanimous vote. MARTIN LUTHER KING COMMUNITY CENTER (1101-5-1) 40. SUBJECT: Request to Use the Martin Luther King, Jr.. Community Center by the Sweetwater Union High School Use Marine Corps JROTC and Waiver of Fees for their "First Semester Promotion and Change of Command Ceremony" on Tuesday, December 7, 2004 MCJROTC and waiver of fees. RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Natividad, to approve the request. Carried by unanimous vote. STAFF — No Report. MAYOR AND COUNCIL Councilman Natividad inquired about the status of the purchase of lights, thanked the Engineering Department for the work that was done on Fourth Street and thanked the Public Works staff for the job they did during a recent black -out. Mr. Natividad also requested that staff review an alley on 5th Street and also provide an assessment of Proposition 1A and Proposition S. Councilman Morrison presented a check to the City Manager for $15,110 from the Regional Solid Waste Authority for use in the City's refuse enterprise fund. Councilman Morrison asked questions about the planned reception sponsored by the Mayor and Council for the San Diego Chapter of the League of Cities. Book 86/Page 284 11 /16/04 CLOSED SESSION Conference with Labor Negotiators City Designated Representatives: Steve Berliner, Alfredo Lopez, Ryan Hyland, Don Condon Employee organization: National City Firefighters' Association Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9 (c) (One potential case) ACTION: Motion by Natividad, seconded by Morrison, to go into Closed Session. Carried by unanimous vote. Members retired into Closed Session at 8:50 p.m. ADJOURNMENT The meeting was adjourned in memory of Ida Mae Kerr, former National City Treasurer / Finance Director, Victor Diaz, a business owner, and Adam Gomez, a 17-year-old National City resident who was killed in a shooting in Chula Vista. The meeting was adjourned to the Next Regular City Council Meeting, to be held on December 7, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 9:15 p.m. AAdit CITY ERK The foregoing minutes were approved at the Regular Meeting of December 7, 2004. '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.