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HomeMy WebLinkAbout2004 12-07 CC MINBook 86/Page 285 12/7/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 7, 2004 The Regular Meeting of the City Council of the City of National City was called to order at 6:10 p.m. by Vice Mayor Parra. ROLL CALL Councilmembers present: Morrison, Natividad, Parra, Ungab. Councilmember absent: Inzunza. Administrative officials present: Dalla, Deese, Eiser, Kirkpatrick, Morse, Post, Salcedo, Trees, Wurbs, Zapata. Others present: Kelly Lam and Veronica Cuevas, Student Council representatives. City Attorney George Eiser announced that Mayor Inzunza was absent because he is attending a seminar at the John F. Kennedy School of Government at Harvard University. PUBLIC ORAL COMMUNICATIONS Louise Martin, National City, praised outgoing Council Member Ungab for his service to the community. Ted Godshalk, National City, expressed appreciation to Councilman Ungab and distributed a letter from the Old Town National City Neighborhood Council to the newly elected Councilmembers. APPROVAL OF THE MINUTES SUBJECT: Approval of the minutes of the Regular City Council Meeting of November 16, 2004. ACTION: Motion by Ungab, seconded by Natividad, to approve the Minutes. Carried by unanimous vote. Absent: Inzunza. BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION, NOVEMBER 2, 2004 ELECTION NOV 2004 (505-16-1) 1. Resolution No. 2004-224: RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2004 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. (City Clerk) Book 86/Page 286 12/7/04 ELECTION NOV 2004 (cont.) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to approve the Resolution. Carried by unanimous vote. Absent: Inzunza. RECOGNITION OF OUTGOING ELECTED OFFICIALS Councilmember Morrison presented outgoing Councilmember Ungab a plaque commemorating his two years of dedicated service to the community. Vice Mayor Parra, Councilmember Natividad and City Manager Zapata expressed their admiration, respect and sincere thanks to Councilmember Ungab for his service and commitment to the community. City Manager Zapata also expressed, on behalf of the staff, congratulations to the newly - elected city officials. County Supervisor Greg Cox presented Councilmember Ungab with a proclamation declaring December 7th 2004, as `Fideles Ungab Day' in the County of San Diego. Councilman Ungab expressed his appreciation to the city and the city staff and thanked everyone for the opportunity to serve. SWEARING IN OF THE NEWLY -ELECTED CITY OFFICIALS Vice Mayor Parra administered the oath of office to City Treasurer George Hood and City Clerk Michael Dalla. City Clerk Michael Dalla administered the oath of office to Councilmembers Ron Morrison and Rosalie Zarate. RECESS A recess was called at 6:25 p.m. The meeting reconvened at 6:51 p.m. ROLL CALL OF THE NEW CITY COUNCIL Councilmembers present: Morrison, Natividad, Parra, Zarate. Councilmember absent: Inzunza. Book 86/Page 287 12/7/04 ROLL CALL OF THE NEW CITY COUNCIL (cont.) Newly -elected Councilmembers Zarate and Morrison expressed appreciation for the support of the community and the opportunity to serve and introduced family members in attendance. Items No. 12 and 15 were taken up next. PUBLIC HEARING SPECIFIC PLAN ADM (417-1-1) 12. Public Hearing of the Specific Plan for residential, commercial and mixed -use development in downtown National City and related amendment to the General Plan. (Community Development Commission) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: Darryl Gorham, National City, spoke against the expansion of the redevelopment plan area and stated his intention to pursue a recall against Mayor Inzunza. ACTION: Motion by Morrison, seconded by Natividad, to continue the hearing to February 1, 2005. Carried by unanimous vote. Absent: Inzunza. NON CONSENT RESOLUTION SPECIFIC PLAN ADM (417-1-1) 15. Resolution No. 2004-228: 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) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Natividad, to continue this item to February 1, 2005. Carried by unanimous vote. Absent: Inzunza. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Items No. 3 through 5 (Resolution Nos. 2004-225 through 2004-227), Items No. 6 through 8 (Warrants), Items No. 9 and 10 (Claims). Motion by Natividad, seconded by Parra, the Consent Calendar be approved, and the Claims for Damages be denied. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 288 12/7/04 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. SUBDIVISION ADM (415-1-1) 3. Resolution No. 2004-225: APPROVING A TENTATIVE SUBDIVISION MAP TO CREATE COMMERCIAL CONDOMINIUM OWNERSHIP OF AN EXISTING MEDICAL OFFICE COMPLEX AT 2340 E. 8TH STREET. APPLICANT: MICHAEL O'LEARY. (Planning) ACTION: Adopted. See above. CONTRACT (C2004-9) 4. Resolution No. 2004-226: APPROVING CHANGE ORDER NUMBER ELEVEN WITH MARCOTTE AND HEARNE BUILDERS FOR THE FIRE STATION PROJECT IN THE "NOT TO EXCEED" AMOUNT OF $68,679 TO RELOCATE THE ULTRAVIOLET WATER TREATMENT/PUMP ASSEMBLY UNDERGROUND VAULT USED TO CHARGE TWO TRAINING FIRE HYDRANTS AND CAPTURE AND DISINFECT THE WATER FOR RE -USE AS MANDATED BY THE REGIONAL WATER QUALITY CONTROL BOARD. (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2004-4) 5. Resolution No. 2004-227: APPROVING CHANGE ORDER NUMBER FOUR WITH JAYNES CORPORATION WHICH INCLUDES EIGHT VARIOUS REQUESTED OR REQUIRED STRUCTURAL, DESIGN, AND DOCUMENT MODIFICATIONS TO THE PLANS AND SPECIFICATIONS FOR THE LIBRARY PROJECT IN THE TOTAL AMOUNT OF $32,163 AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Public Works/Engineering) ACTION: Adopted. See above. Book 86/Page 289 12/7/04 CONSENT CALENDAR (cont.) WARRANT REGISTER 2004 (202-1-19) 6. Warrant Register No. 18. Ratification of Demands in the amount of $931,311.45. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 7. Warrant Register No. 19. Ratification of Demands in the amount of $902,989.03. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 8. Warrant Register No. 20. Ratification of Demands in the amount of $1,035,295.72. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-48) 9. SUBJECT: Claim for Damages: Eusebia Sadie Gonzalez. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-48) 10. SUBJECT: Claim for Damages: Peter Santos. (City Clerk) ACTION: Denied. See above. PUBLIC HEARINGS COMMUNITY DEVELOPMENT COMMISSION ADM (406-2-9) 11. Public Hearing — To solicit National City's resident's views and opinions regarding the Housing and Community Development needs of lower income residents. (Community Development Commission) RECOMMENDATION: Conduct a Public Hearing to solicit public input regarding the housing and community development needs of lower income residents. TESTIMONY: None. ACTION: Motion by Parra, seconded by Zarate, to close the hearing. Carried by unanimous vote. Absent: Inzunza. SPECIFIC PLAN ADM (417-1-1) 12. Public Hearing of the Specific Plan for residential, commercial and mixed -use development in downtown National City and related amendment to the General Plan. (Community Development Commission) ACTION: This item was taken up earlier in the meeting. Book 86/Page 290 12/7/04 PUBLIC HEARINGS (cont.) SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMITS 2004 (403-19-1) 13. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for 17 residential condominium units in a proposed five -story building on one-half acre, on the west side of L Avenue, approximately 100 feet north of Plaza Boulevard. (Applicant: Coast Contracting and Development, Inc.) (Case File No.: S-2004- 10/CUP-2004-19) (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval. TESTIMONY: Daryl Club, President of Coast Contracting, and project architects Pete Comstock and Rick Hoffman, provided project details and responded to questions. ACTION: Motion by Natividad, seconded by Morrison, to approve. Carried by unanimous vote. Absent: Inzunza. SUBDIVISION ADM (415-1-1) 14. Public Hearing — Tentative Subdivision Map for 8 lots to be developed with single-family houses on a 28,900 square foot site, on the west side of T Avenue, south of 4th Street, and a variance for walls/fences in excess of the maximum height allowed. (Applicant: Baldock Holding, Inc.) (Case File No.: S-2004-8/Z-2004-6) (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval. TESTIMONY: Jay Cleveland, the developer, agreed to install a sound wall. ACTION: Motion Natividad, seconded by Zarate, to continue for two weeks. Motion withdrawn. Motion by Natividad, seconded by Morrison, to approve with the addition of the sound wall. Carried by unanimous vote. Absent: Inzunza. NON CONSENT RESOLUTIONS SPECIFIC PLAN ADM (417-1-1) 15. Resolution No. 2004-228: 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) ACTION: This item was taken up earlier in the meeting. Book 86/Page 291 12/7/04 NON CONSENT RESOLUTIONS (cont.) NC TRANSIT / PARATRANSIT PLAN (TDA) (805-1-4) 16. Resolution No. 2004-229: APPROVING A FEE SCHEDULE FOR THE ADMINISTRATION OF TAXICABS AND OTHER FOR -HIRE PARATRANSIT VEHICLES. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Anthony Palmeri, representing Yellow Cab, suggested modifications to the fees and insurance requirements. ACTION: Motion by Parra, seconded by Morrison, to approve the Resolution to include an annual fee of $100; no application fee for existing MTS licensed National City cabs and $3000 application fee for new applicants. Carried by unanimous vote. Absent: Inzunza. Councilmember Natividad left the Chamber at 7:45 p.m. and returned at 7:56 p.m. NC TRANSIT / PARATRANSIT PLAN (TDA) (805-1-4) 17. Resolution No. 2004-230: APPROVING THE IMPLEMENTATION REGULATIONS FOR PARATRANSIT VEHICLES. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Anthony Palmeri, representing Yellow Cab. ACTION: Motion by Morrison, seconded by Parra, to approve the Resolution with the modified requirement that the medallion permit be affixed to the rear window and the liability insurance requirements be $300,000 per accident; $100,000 per person and $150,000 property damage. Carried by the following vote, to -wit: Ayes: Morrison, Parra, Zarate. Nays: None. Absent: Inzunza, Natividad. PERSONNEL / EMPLOYEE BENEFITS (604-7-1) 18. Resolution No. 2004-231: APPROVING THE TRANSFER OF FUNDS TO SUPPORT A ONE-TIME PERFORMANCE -BASED INCENTIVE FOR EXECUTIVES AND MANAGERS. (Human Resource) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, to approve the Resolution. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 292 12/7/04 ORDINANCES FOR ADOPTION NATIONAL CITY MUNICIPAL CODE (506-02-19) 19. "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) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to adopt Ordinance No. 2004-2256. Carried by unanimous vote. Absent: Inzunza. NEW BUSINESS CITY COUNCIL ADM (102-16-1) 20. SUBJECT: Request to set a joint meeting with Sweetwater School Board, National City School Board and City Council to welcome new Board members and discuss mutual collaboration. (Councilman Natividad) RECOMMENDATION: None. TESTIMONY: None. ACTION: The consensus was to schedule such a meeting in the future. No vote was taken. PARKING ADM 2004 (801-2-24) 21. SUBJECT: Report on off-street parking requirements for single- family homes. (Planning) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to support a combination of options four and five and refer to the Planning Commission. Carried by unanimous vote. Absent: Inzunza. LABOR RELATIONS MAYOR / COUNCIL (605-8-1) 22. SUBJECT: Adjustments in compensation for Mayor and City Council and for CDC Chairman and Board Members. (City Attorney) RECOMMENDATION: None. TESTIMONY: Ted Godshalk, National City, asked questions and spoke in opposition to any salary increase. Book 86/Page 293 12/7/04 NEW BUSINESS (cont.) LABOR RELATIONS MAYOR / COUNCIL (605-8-1) ACTION: Motion by Morrison, seconded by Zarate, the Mayor, City Council, City Clerk and City Treasurer are to receive increases in salary by the same percentages at the same time and subject to the same conditions as those received by the members of the MEA, plus increases in salary in the same percentages at the same time, subject to the same conditions of any non -monetary increases in compensation granted to the MEA, provided that all increases shall not exceed 10 percent of the current base monthly salary and that this motion apply to Agenda Item No. 23 "Adjustment in Compensation for City Treasurer"; and Item No. 24, "Adjustment in Compensation for City Clerk". Motion failed by the following vote, to -wit: Ayes: Morrison, Zarate. Nays: Natividad, Parra. Absent: lnzunza. Abstain: None. Motion by Parra, second by Morrison, that the City Council receive no raise for the next two years. Carried by unanimous vote. Absent: Inzunza. Motion by Natividad, that we adjust the compensation for the City Treasurer and City Clerk to what is received by the MEA. Motion died for lack of a second. Motion by Parra, seconded by Morrison, that compensation adjustments for the City Treasurer and City Clerk be zero for the next two years. Carried by the following vote, to -wit: Ayes: Morrison, Parra, Zarate. Nays: Natividad. Absent: lnzunza. Abstain: None. LABOR RELATIONS CITY TREASURER (605-10-1) 23. SUBJECT: Adjustment in compensation for City Treasurer. (City Attorney) RECOMMENDATION: None. TESTIMONY: None. ACTION: See Item No. 22, above. LABOR RELATIONS CITY CLERK (605-9-1) 24. SUBJECT: Adjustment in compensation for City Clerk. (City Attorney) RECOMMENDATION: None. TESTIMONY: None. ACTION: : See Item No. 22, above. Book 86/Page 294 12/7/04 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2004 (203-1-20) 25. SUBJECT: Temporary Use Permit — Paradise Valley Hospital — Living Nativity Scene from December 10, 2004 through December 12, 2004 at the corner of 8th and Euclid. (Building & Safety) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to approve the request. Carried by unanimous vote. Absent: Inzunza. TEMPORARY USE PERMITS 2004 (203-1-20) 26. SUBJECT: Temporary Use Permit — Sweetwater Town & Country Merchants — Lunch with Santa on December 11, 2004 at Sweetwater Town and Country Shopping Center from 11 am to 3 p.m. (Building & Safety) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval, and deny the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request, and deny the request for waiver of fees. Carried by unanimous vote. Absent: Inzunza. TEMPORARY USE PERMITS 2004 (203-1-20) 27. SUBJECT: Temporary Use Permit — Escuela De Ministerios — New Year's Eve event on December 31, 2004, 5:30 p.m. through January 1, 2005, 7 am at 1001 Harbison Ave. in the church parking lot. (Building & Safety) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval, and grant the request for waiver of fees. TESTIMONY: An un-named speaker appeared on behalf of the applicant. ACTION: Motion by Natividad, seconded by Morrison, to approve the request, and approve the request for waiver of fees. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 295 12/7/04 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2004 (203-1-20) 28. SUBJECT: Temporary Use Permit — National City Host Lions Club — National City Parade and Fair — May 21, 2005, 9 am to 8 p.m.; the parade is along Highland, 16th St. D Ave. and the fair is in Kimball Park. (Building & Safety) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval, and approve the request for waiver of all fees. TESTIMONY: John Kirk, National City, representing the Lions Club, responded to questions. ACTION: Motion by Parra, seconded by Natividad, to approve the request, and approve the request for waiver of all fees. Carried by unanimous vote. Absent: Inzunza. TEMPORARY USE PERMITS 2004 (203-1-20) 29. SUBJECT: Temporary Use Permit — Sweetwater High School fireworks display after the graduation ceremony at 7 p.m. on June 17, 2005 at Sweetwater High School, 2900 Highland Ave. (Building & Safety) RECOMMENDATION: Approve the Application for a TUP subject to compliance with all conditions of approval, and grant the request for waiver of fees except for $320 for the School Resource Officer. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to approve staff's recommendation. Carried by unanimous vote. Absent: Inzunza. MARTIN LUTHER KING COMMUNITY CENTER (1101-5-1) 30. SUBJECT: Request by South Bay Youth Football & Cheer Association to use the Martin Luther King, Jr. Community Center and to waive the fees for their "Youth Football Banquet" on Friday, January 7, 2005. (Community Services) RECOMMENDATION: None. TESTIMONY: An un-named speaker appeared on behalf of the applicant and responded to questions. ACTION: Motion by Natividad, seconded by Morrison, to approve the request but not waive the $50 fee for the use of the kitchen or the $145 custodial fee. Carried by unanimous vote. Absent: Inzunza. Book 86/Page 296 12/7/04 NEW BUSINESS (cont.) MARTIN LUTHER KING COMMUNITY CENTER (1101-5-1) 31. SUBJECT: Request by the City Chamber of Commerce to use the Martin Luther King Jr. Community Center, to waive the fees and to serve alcohol for their "Annual Dinner and Installation of Officers" on Saturday, February 5, 2005. (Community Services) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to approve the request. Carried by unanimous vote. Absent: Inzunza. WRITTEN COMMUNICATIONS NATIONAL CITY TRANSIT AUDIT / REPORTS (805-1-5) 32. SUBJECT: National City Transit Monthly Reports — John P. Webster Sr., Vice President -General Manager, National City Transit. RECOMMENDATION: None. TESTIMONY: None. ACTION: No action taken. STAFF City Manager Zapata introduced the city's new Public Information Officer, Maria Arcega-Dunn. MAYOR AND COUNCIL Councilmember Morrison requested that the appointment of the Vice Mayor be on the next agenda and reminded everyone that the ribbon - cutting ceremony for the National City Marina was scheduled for December 8, 2004. ADJOURNMENT The meeting was adjourned to the Next Regular City Council Meeting, to be held on December 21, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 8:45 p.m. Book 86/Page 297 12/7/04 The foregoing minutes were approved at the Regular Meeting of December 21, 2004. YOR 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.