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HomeMy WebLinkAbout2004 12-21 CC MINBook 86/Page 298 12/21/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 21, 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 Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Zarate. Administrative officials present: Dalla, Daneshfar, Deese, Diaz, Dunn, Eiser, Gonzales, Juniel, Kossyta, Pauu, Post, Salcedo, Trees, Wurbs. Others present: City Treasurer George Hood, Kelly Lam and Veronica Cuevas, Student Council representatives. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) Employee of the Month Program — Bruce Madison, Parks Equipment Operator, was recognized as Employee of the Month of December 2004. Community Service Award presented to Ralph Hughes for his years of volunteer work in National City. Rudy Estrada — Recognizing 14 Years of Service (Council Initiated). Mr. Estrada, who was unable to be present, was recognized for his fourteen years of service to the city. Steve Ray — Recognizing 19 Years of Service. Mr. Ray was recognized and presented a service pin commemorating his nineteen years of service to the city. Marylou Matienzo — Recognizing 10 Years of Service. Ms. Matienzo was recognized and presented a service pin commemorating her ten years .of service to the city. AUDIT FINANCIAL REPORT FY 2002-2003 (208-1-17) 1. Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending 2002-03. (Finance) RECOMMENDATION: None. ACTION: Accepted and filed. Book 86/Page 299 12/21 /04 PROCLAMATION (102-2-1) A Proclamation proclaiming Tuesday, December 21, 2004 as: "Marylou Matienzo Day." ACTION: Mayor Inzunza reported that the Proclamation had been previously presented. PUBLIC ORAL COMMUNICATIONS San Diego Unified Port Commissioner Steve Cushman read a letter into the record on behalf of National City Port Commissioner Jess Van Deventer. (See Exhibit A, attached.) Councilman Natividad recognized a National City family that received community support for their sick child earlier in the year. The family expressed their thanks to the Council and community and reported on the positive prognosis of their child, Anthony, who received a successful bone marrow transplant. INTERVIEWS / APPOINTMENTS VICE MAYOR APPOINTMENT ADM (101-20-1) Appointment — Vice Mayor. (Council Initiated) ACTION: Motion by Zarate, seconded by Natividad, to appoint Councilman Ron Morrison as Vice Mayor. Carried by unanimous vote. PORT COMMISSION / COMMISSIONER APPT / ADM (101-18-1) 2. Board and Commission Interviews/Appointment: Port Commission. RECOMMENDATION: None. TESTIMONY: Mitch Beauchamp, John Bryant and Robert Valderrama introduced themselves and responded to questions. Two additional applicants, Martha Peralta and Ditas Yamane, were not present. ACTION: Ballots were distributedto the City Council. Following tabulation by the City Clerk, it was announced that Robert Valderrama was the unanimous choice of the City Council for appointment to the Port Commission. A recess was called at 7:00 p.m. The meeting reconvened at 7:10 p.m. All members were present. Book 86/Page 300 12/21 /04 Item No. 23 was taken up next. NEW BUSINESS PARKING ADM (801-2-24) 23. SUBJECT: Report on parking related issues concerning Universal Church at 330 National City Boulevard. (Planning) RECOMMENDATION: File the report. TESTIMONY: Nancy Estolano, National City, stated that parking problems do exist in the area. Olivia Gomez, National City, stated that parking problems do not exist. Michael Sunshine, National City, stated that parking problems do not exist. Dignora Fonseca, Chula Vista, representing her father, stated that parking problems do not exist. ACTION: Motion by Inzunza, seconded by Parra, to file the report. Carried by unanimous vote. Councilman Natividad left the Chamber at 7:36 p.m. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Approval of the Minutes), Item No. 4 (NCMC), Item Nos. 5 through 11 (Resolution Nos. 2004-232 through 2004-238), Item No. 12 (Time Extension Request), Item Nos. 13 and 14 (Warrants), Item No. 15 (Claim), and Item No. 16 (Disclosure of Property Interests). Motion by Zarate, seconded by Parra, the Consent Calendar, with the exception of Item No. 9, be approved, and the Claims for Damages be denied. Carried by unanimous vote. Absent: Natividad. APPROVAL OF THE MINUTES 3. Approval of the Minutes of the Regular Meeting of December 7, 2004. ACTION: Approved. See above. NCMC (506-2-19) 4. 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. Book 86/Page 301 12/21 /04 CONSENT CALENDAR (cont.) NC TRANSIT / PARA TRANSIT PLAN (TDA) (805-1-4) 5. Resolution No. 2004-232: GRANTING TAXICAB PERMITS TO THE TAXICAB OPERATORS CURRENTLY PERMITTED BY THE METROPOLITAN TRANSIT DEVELOPMENT BOARD UNDER ITS AGREEMENT WITH THE CITY. (City Attorney) ACTION: Adopted. See above. NC TRANSIT / PARA TRANSIT PLAN (TDA) (805-1-4) 6. Resolution No. 2004-233: DETERMINING NOT TO EXTEND THE TERM OF THE AGREEMENT WITH THE METROPOLITAN TRANSIT DEVELOPMENT BOARD TO REGULATE TAXICABS AND OTHER FOR -HIRE VEHICLES WITHIN THE CITY OF NATIONAL CITY. (City Attorney) ACTION: Adopted. See above. PARKING ADM 2004 (801-2-24) 7. Resolution No. 2004-234: AUTHORIZING THE CITY ENGINEER TO ESTABLISH RED "NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 305 "J" AVENUE. (C. HOUREG, TSC ITEM NO, 2004-49) (Engineering) ACTION: Adopted. See above. DEED (D2004-5) 8. Resolution No. 2004-235: AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING A SEWER EASEMENT ACROSS A PORTION OF LAS PALMAS GOLF COURSE TO SERVE A PROPOSED FOUR UNIT CONDOMINIUM PROJECT AT 1945 PALM AVENUE. (Engineering) ACTION: Adopted. See above. CONTRACT (C2004-9) 9. Resolution No. 2004-236: APPROVING CHANGE ORDER NUMBER TWELVE WITH MARCOTTE AND HEARNE BUILDERS WHICH INCLUDES VARIOUS REQUESTED OR REQUIRED STRUCTURAL, DESIGN AND DOCUMENT MODIFICATIONS TO THE PLANS AND SPECIFICATIONS FOR THE FIRE STATION Book 86/Page 302 12/21 /04 CONSENT CALENDAR (cont.) CONTRACT (C2004-9) PROJECT IN THE TOTAL AMOUNT OF $16,620 AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Engineering) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Darryl Gorham, National City, spoke against the Resolution. ACTION: Motion by Morrison, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. Absent: Natividad. CONTRACT (C2004-11) 10. Resolution No. 2004-237: APPROVING CHANGE ORDER NUMBER ONE WITH KLEINFELDER INC. WHICH INCLUDES THREE COMPONENTS OF ADDITIONAL SPECIAL INSPECTION SERVICES NECESSARY TO INSURE COMPLIANCE BY THE CONSTRUCTION CONTRACTOR WITH THE PLANS AND SPECIFICATIONS FOR THE FIRE STATION PROJECT IN THE TOTAL AMOUNT OF $21,583, AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Engineering) ACTION: Adopted. See above. SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMIT 2004 (403-19-1) 11. Resolution No. 2004-238: APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE 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 BLVD. APPLICANT: COAST CONTRACTING AND DEVELOPMENT, INC. (CASE FILE NO. S-2004-10/CUP-2004-19) (Planning) ACTION: Adopted. See above. SUBDIVISION ADM (415-1-1) 12. Time Extension Request — Tentative Subdivision Map for division of a vacant 61,420 square foot lot into nine single-family parcels at the northwest corner of E. 16th Street and M Avenue. (Applicant: Ingenuity Engineering Corp. for Frank and Linnea Arrington) (Case File No.: S-2000-2) (Planning) ACTION: Approved. See above. CONSENT CALENDAR (cont.) WARRANT REGISTER 2004 (202-1-19) 13. Warrant Register No. 21. Ratification of Demands in the amount of $1,113,088.72. (Finance) ACTION: Ratified. See above. Book 86/Page 303 12/21/04 WARRANT REGISTER 2004 (202-1-19) 14. Warrant Register No. 22. Ratification of Demands in the amount of $1,325,529.46. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-48) 15. SUBJECT: Claim for Damages: Humberto Espinoza. (City Clerk) ACTION: Denied. See above. CITY ATTORNEY REPORTS (509-1-3) 16. SUBJECT: Disclosure of property interests located within redevelopment project area: Councilwoman Zarate. ACTION: Approved. See above. Councilman Natividad returned to the Chamber at 7:43 p.m. Mayor Inzunza left the Chamber at 7:45 p.m. and returned at 7:50 p.m. PUBLIC HEARING SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMITS 2004 (403-19-1) 17. Continued 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: Westone Management Consultants) (Case File No.: CUP-2004-5/S- 2004-4) (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval but recommended that the condition requiring undergrounding be waived. TESTIMONY: Joseph Scarlatti and an unnamed speaker appeared on behalf of the developer. ACTION: Motion by Morrison, seconded by Parra, to approve the Tentative Subdivision Map and Conditional Use Permit but waive the requirement for undergrounding. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Zarate. Nays: Natividad. Absent: None. Abstain: None. Book 86/Page 304 12/21/04 NON CONSENT CALENDAR (cont.) SUBDIVISION ADM (415-1-1) 18. Resolution No. 2004-239: APPROVING A 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 NOS. S-2004-8/Z-2004-6) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION (406-2-9) 19. Resolution No. 2004-240: APPROVING THE ISSUANCE BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OF UP TO $45 MILLION IN TAX ALLOCATION BONDS TO REFINANCE CURRENT OUTSTANDING DEBT FROM A VARIABLE TO A FIXED RATE. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. GENERAL PLAN (405-8-5) 20. Resolution No. 2004-241: APPROVING THE APPROPRIATION OF FUNDS NOT TO EXCEED $12,500 FOR ECONOMIC ANALYSIS ASSOCIATED WITH PLANNED EXPANSION OF WESTFIELD SHOPPINGTOWN PLAZA BONITA. (City Manager) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. BD OF PORT COMM PUBLIC ART PROJECT (701-5-5) 21. Resolution No. 2004-242: ACKNOWLEDGING NATIONAL CITY'S SUPPORT FOR THE ACQUISITION OF ARTISTIC BENCHES, CALLED "SEASIDE SEATING" AT PEPPER PARK ON THE PORT OF SAN DIEGO PROPERTY. (Community Services) Book 86/Page 305 12/21/04 NON CONSENT CALENDAR (cont.) BD OF PORT COMM PUBLIC ART PROJECT (701-5-5) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Suzanne Peredo, Chair of the National City Public Art Committee, spoke in favor. ACTION: Motion by Parra, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION NATIONAL CITY MUNICIPAL CODE (506-02-19) 22. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAPTERS 8.12 (DOG LICENSES), 8.16 (DOG REGULATIONS), 8.32 (KEEPING OF BIRDS AND ANIMALS)." (City Attorney) NEW BUSINESS PARKING ADM (801-2-24) 23. SUBJECT: Report on parking related issues concerning Universal Church at 330 National City Boulevard. (Planning) ACTION: Taken up earlier in the meeting (see above). CONDITIONAL USE PERMITS 2004 (403-19-1) 24. SUBJECT: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility on National City Middle School property at 1701 D Avenue. (Applicant: Tetra Tech Communications for Nextel) (Case File CUP-2004-12) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: Rita Heuss, National City, spoke in opposition to the Conditional Use Permit. An unnamed representative from Nextel spoke in favor and responded to questions. ACTION: Motion by Natividad, seconded by Zarate, to set the item for hearing. Carried by unanimous vote. Book 86/Page 306 12/21/04 NON CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2004 (203-1-20) 25. SUBJECT: Temporary Use Permit — Creative Inflatable — Western Dental Rooftop Balloon Promotion from January 8, 2005 through February 7, 2005 at 1539 E. Plaza Blvd. (Building & Safety) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, to approve with all conditions of staff. Carried by unanimous vote. COUNCIL ADM (102-16-1) 26. SUBJECT: Request for the City Council to schedule a Special Meeting on January 11, 2005, at 6:00 pm to discuss the user fee and impact fee studies conducted by Maximus. (Building & Safety) RECOMMENDATION: Set the Workshop for January 11, 2005, at 6:00 p.m. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Parra, to approve the request. Carried by unanimous vote. NEW BUSINESS NATIONAL CITY TRANSIT AUDIT / REPORTS (805-1-5) 27. SUBJECT: Monthly Report — John Webster, National City Transit. RECOMMENDATION: None. TESTIMONY: None. ACTION: Filed. LIBRARY REPORTS ADM (1104-1-6) 28. SUBJECT: National City Public Library Capital Campaign Community Campaign Plan Report on progress — December 2004. (Library) RECOMMENDATION: None. TESTIMONY: Anne Campbell, City Librarian, provided an update on the Library Capital Campaign. ACTION: No action taken. Book 86/Page 307 12/21/04 NEW BUSINESS (cont.) PERSONNEL ADM (604-6-1) 29. SUBJECT: Holiday Schedule — City Facilities Closed December 27- 31. (Human Resources) RECOMMENDATION: None. TESTIMONY: None. ACTION: No action taken. STAFF — No Report. MAYOR AND COUNCIL Vice Mayor Morrison suggested that there be an appropriate recognition for Congressman Filner for his efforts on behalf of the Library Capital Campaign. Councilwoman Zarate said she believed a sympathy card would be appropriate for Ayne Majul's father who passed away. Councilman Parra extended holiday greetings to all. Councilman Natividad reported that he received a letter from a group of teachers regarding a city employee. CLOSED SESSION Conference with Legal Counsel -Existing Litigation —Government Code Section 54956.9(a) - Claim of Valentina Delgadillo Members retired into Closed Session at 8:26 p.m. Members returned from Closed Session at 8:30 p.m. There was nothing to report. ADJOURNMENT The meeting was adjourned to the Next Regular City Council Meeting, to be held on January 4, 2005, at 6:00 p.m., Council Chambers, Civic Center. Book 86/Page 308 12/21 /04 The foregoing minutes were approved at the Regular Meeting of January 4, 2005. 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. EXHIBIT "A" December 21, 2004 Honorable Mayor & City Council 1243 National City Blvd National City, CA 91950 In 1977 I was asked to fill a vacant term on the city council. Little did I realize at the time that I was embarking on a 27-year journey serving National City, 15 as a City Councilman and 12 representing National City on the Port Commission. The time has gone by quickly and the journey has been a labor of love. Not bad for a boy from a family of six who grew up in National City, attended Kimball Elementary, National City Junior High and Sweetwater High School, married my sweetheart, Sharon Flores, raised three daughters, owned and operated several local businesses and still proudly calls National City my home. As my current term as Port Commissioner winds down it presents a good opportunity to both reflect on past accomplishments and to look confidently to the future. I am proud of what I have been able to accomplish working in concert with past and current Port Commissioners, staff, mayors, council members, and business and community leaders. While the accomplishments of the past 12 years are too numerous to mention, I would like to highlight a few. The Port has spent over $50 million on infrastructure improvements, including the completion of the National City Wharf expansion, a $22 million project; the extension of Harrison Ave, now known as Marina Way; and the construction of the railcar plaza. The Port also spent $8.9 million constructing a modern, new General Services Facility on Tidelands Avenue, a project that brought a $7 million payroll to National City, along with landscaping and street paving enhancements along 19th Street. As a commissioner, I have been instrumental in forging a successful relationship with Pasha Services, who imports vehicles at the National City Marine Terminal, providing 250 jobs with an annual payroll of $18 million. Many of these longshore workers, truck drivers, and rail operators live in the South Bay. Under my leadership as Chairman, I established the Port's first Public Art Program in 1996, in addition to the Port's Partnership in Environmental Education Program. Kimball Elementary School was the first school to benefit from this outstanding curriculum. With my urging and support, the Port is contributing funds for National City police and fire services in the Tidelands district and has received $553,000 in 2004 alone. In addition to our quality accomplishments, National City and the Port are poised to benefit from even greater success as several projects, years in the making, come to fruition. The future Hilton San Diego Convention Center Hotel and the redevelopment of the Old Police Station building will continue to improve San Diego's downtown atmosphere, but the crown jewel of the future lies in National City. The Port has spent $7.5 million to date to help bring the National City Marina project to reality. A recent ribbon cutting unveiled a progressive, exciting marina district project complete with residential, commercial, and public open space. The Marina promises to breathe new life into National City's southwest side. Even as Port Commissioner serving the entire San Diego region, my heart has always stayed with National City. Over the years I have effectively raised money for numerous civic, social, and business concerns throughout the city. Not only did I raise funds, but I also donated office space and telephones to assist in the Library bond campaign victory, a victory that is now evident as we watch a new library taking shape in our fine city. I have also donated funds and raised money towards the completion of a new girls softball facility at Sweetwater High School. The National City Boys and Girls Club has been a personal favorite of mine for many years and I have been an avid financial supporter. Personalty, my dream would be to serve two more years as Port Commissioner in order to see these future projects completed, projects I have worked on for so many years. I am truly humbled by the outpouring of support I have received from business, political, and labor leaders to fulfill my dream. The fact of the matter is that no one, no matter how experienced, knowledgeable or well intentioned; no matter the level of support and respect they have earned; no matter their list of accomplishments; no one can effectively serve as Port Commissioner without the support of the Mayor and the entire city council. It has been made clear to me that I no longer enjoy that level of full support. The Mayor has been clear and direct in communicating to me his intention to support the appointment of Mr. Robert Valderrama as National City's next Port Commissioner. My strength and success over the years has always been as a consensus builder and I have no wish to create dissension on this matter. Under these circumstances, I have reluctantly chosen to withhold my name from consideration for reappointment as Port Commissioner for National City. I love serving the people of National City even more today that I did 27 years ago when I started. I would like to thank everyone who has supported me and given me the opportunity to serve through all these years. Sincerely, Jess E. Van Deventer