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HomeMy WebLinkAbout2005 01-04 CC MINBook 87/Page 1 1 /4/05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 4, 2005 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: Campbell, Dalla, Daneshfar, Deese, Dunn, Eiser, Gonzales, Juniel, Morse, Post, Salcedo, Trees, Wurbs, Zapata. Others present: City Treasurer George Hood, Kelly Lam and Veronica Cuevas, Student Council representatives. PUBLIC ORAL COMMUNICATIONS Mr. Guzman, National City, suggested consideration be given for a signal at the intersection of 8th Avenue and `E' Street. PROCLAMATION (102-2-1) A Proclamation proclaiming Tuesday, December 14, 2004 as: "BUSINESS PARTNERSHIP DAY AT THE PASHA FACILITIES AT THE PORT OF SAN DIEGO." ACTION: Mayor Inzunza reported that the Proclamation had been previously presented. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Approval of the Minutes), Item No. 2 (NCMC), Item No. 3 (Resolution No. 2005-1), and Item No. 4 (Warrant). Motion by Natividad, seconded by Parra, the Consent Calendar be approved. Carried by unanimous vote. APPROVAL OF THE MINUTES 1. Approval of the Minutes of the Regular Meeting of December 21, 2004. ACTION: Approved. See above. Book 87/Page 2 1/4/05 CONSENT CALENDAR 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. DEEDS AND EASEMENTS (D2005-1) 3. Resolution No. 2005-1: APPROVING, AUTHORIZING AND RECORDING OF THE VACATION AND THE GRANTING OF A SEWER EASEMENT NORTH OF W. 23RD STREET IN THE VACATED SECTION OF HARRISON AVENUE NECESSARY FOR PROCEEDING WITH A DEVELOPMENT APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL. (Engineering) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-19) 4. Warrant Register No. 23. Ratification of Demands in the amount of $2,449,871.89. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMIT 2004 (403-19-1) 5. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets. (Applicant: Jay Cleveland) (Case File No. S-2004-14/CUP-2004-23) (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval. TESTIMONY: Steve Cameron, National City, expressed concerns about parking. ACTION: Motion by Parra, seconded by Zarate, to approve the Tentative Subdivision Map and Conditional Use Permit and that it incorporate consideration of the sidewalk and landscaping design plan, encroachment concerns and residential assigned parking. The motion was clarified to include the intent that the developer at his own cost and expense will install the public improvements per the CDC's plans. Carried by unanimous vote. Book 87/Page 3 1 /4/05 PUBLIC HEARINGS (cont.) SUBDIVISION ADM (415-1-1) 6. 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. (Community Development Commission) RECOMMENDATION: Continue the joint public hearing to February 22, 2005. TESTIMONY: Darryl Gorham, National City, spoke in favor but suggested that the Sizzler Restaurant be informed about how the proposal will impact their business. City Attorney George Eiser reminded the City Council that the Public Hearing is a Joint Public Hearing with the Community Development Commission. The Community Development Commission was called to order at 6:25 p.m. City Attorney Eiser reported that at the Regular Meeting of the Community Development Commission (CDC) held earlier in the day, there was a procedure of abstention and re -qualifying that occurred in order to constitute a quorum able to act on the issue at hand. That procedure was necessary because a majority of the Community Development Commission members have property interests in the Redevelopment area. Attorney Eiser recommended that the members of the Council who abstained at the CDC meeting again state the basis of their abstention for the record. Mayor Inzunza disclosed that he abstained because he owns a home at 16th Street and 'N' Avenue, which is within the Redevelopment area. Councilmember Zarate disclosed that she owns a home at 1730 E 12th Street, which is within the Redevelopment area. Councilmember Parra disclosed that he owns a home at 2817 'N' Avenue, which is within the Redevelopment area. Attorney Eiser stated, for the record, that during the Community Development Commission hearing, Councilmember Zarate was re - qualified, by a random selection method, to participate in proceedings Book 87/Page 4 1/4/05 PUBLIC HEARINGS (cont.) SUBDIVISION ADM (415-1-1) involving the Redevelopment area and that she would continue to participate on the CDC and City Council until the matter is concluded. The other members with property interests in the area abstained and would continue to do so. City attorney Eiser read into the record the following memorandum: "TO: Mayor and City Council FROM: City Attorney DATE: January 4, 2005 SUBJECT: Amendment of Redevelopment Plan; Legally -Required Participation I request that the following statement be made part of the record pertaining to the proposed amendment of the Redevelopment Plan: The legislative body of the City of National City is the City Council. As authorized by the Community Redevelopment Law of the State of California, the City Council is also the governing board of the Community Development Commission (the CDC). The Community Redevelopment Law provides that a redevelopment plan may be amended by the adoption of an ordinance by the City Council after a joint public hearing of the City Council and the members of the board of the CDC. In National City, no other body is available to hold a hearing or to adopt an ordinance amending the redevelopment plan. The Political Reform Act of the State of California prohibits a public official from participating in a governmental decision in which the official has a disqualifying conflict of interest. Generally, a public official has a conflict of interest if the decision will have a reasonably foreseeable material financial effect on one or more of the official's economic interests. Pursuant to Section 18704.2 of Title 2, Division 6 of the California Code of Regulations, real property in which a public official has an economic interest is directly involved in a governmental decision if Book 87/Page 5 1/4/05 PUBLIC HEARINGS (cont.) SUBDIVISION ADM (415-1-1) the decision is to adopt or amend a redevelopment plan, and the real property in which the official has an interest is located in the boundaries of the redevelopment area. Pursuant to Section 18705.2 of Title 2, Division 6 of the California Code of Regulations, where a public official has an interest in real property which is directly involved in a governmental decision, the financial affect of that on the real property is presumed to be material, unless the presumption is rebutted. The residences of Mayor Inzunza, Councilman Parra and Councilwoman Zarate are located in the redevelopment project area. Additionally, Mayor Inzunza has an ownership interest in a duplex residence located at 1416 East 16th Street, also within the project area. A decision to amend the redevelopment plan is being considered by the City Council. Pursuant to the provisions of the Political Reform Act and of Title 2, Division 6 of the California Code of Regulations, Mayor Inzunza, Councilman Parra and Councilwoman Zarate have determined to abstain from participating in the decision to amend the redevelopment plan, because that decision may have a material financial effect on their real property interests located in the project area. Because the abstentions of Mayor Inzunza, Councilman Parra and Councilwoman Zarate result in less than a quorum being available to consider adoption of the ordinance amending the redevelopment plan, the concept of "legally required participation" must be invoked. This concept allows a disqualified official to be re - qualified by a random selection process, and allows a quorum to be present and for the re -qualified official to participate in the decision -making process until it is completed. GEORGE H. EISER, III City Attorney GHE/gmo cc: City Manager Executive Director, CDC City Clerk" Book 87/Page 6 1/4/05 PUBLIC HEARINGS (cont.) SUBDIVISION ADM (415-1-1) Mayor Inzunza turned control of the meeting over to Vice Mayor Morrison. Mayor Inzunza and Councilmember Parra left the chamber at 6:26 p.m. ACTION: Motion by Zarate, seconded by Natividad, to continue this hearing to a Joint Public Hearing to be held February 22, 2005. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Zarate. Nays: None. Absent: None. Abstain: Inzunza, Parra. Mayor Inzunza and Councilmember Parra returned to the Chamber at 6:32 p.m. The Community Development Commission was adjourned to January 8, 2005, at 9:00 a.m., at Granger Music Hall. ORDINANCE FOR ADOPTION NCMC (506-2-19) 7. "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) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to adopt Ordinance No. 2005-2258. Carried by unanimous vote. NEW BUSINESS CITY STRATEGIC PLANNING (102-16-2) 8. SUBJECT: Review Mayor and Council Goals and Priorities. (City Manager) RECOMMENDATION: Accept report and provide comments. TESTIMONY: City Manager Chris Zapata gave a verbal progress report on the work done over the past year that relates to the 10 goals and 5 priorities set by the Mayor and Council. The City Manager highlighted projects completed or near completion such as the Wal-Mart Store, new Library and Book 87/Page 7 1 /4/05 NEW BUSINESS (cont.) CITY STRATEGIC PLANNING (102-16-2) Fire Station, projects underway such as the Filipino Village and Highland Avenue improvements as well as 25 housing projects involving over 1,000 new permanent units. Priorities highlighted included Public Safety - $2.4 million spent for new radios for police and fire; Technology — a new master plan that includes public safety and education elements; Fiscal Transparency — more information is accessible by the public; Communication — new Public Information Officer and City newsletter; Image Enhancements — additional code enforcement officers and $1.2 million spent on street improvements; and Quality of Life — ongoing Paradise Creek project efforts and securing municipal pool improvement funding. ACTION: Accepted and filed. ENGINEERING DEPT — REPORTS ADM (1104-1-1) 9. SUBJECT: Improving the Plan Review & Permitting Processes. (Engineering) RECOMMENDATION: Continue the item to the Workshop on January 11, 2005. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of staffs recommendation. Carried by unanimous vote. NON CONSENT RESOLUTION CONTRACT (C2005-1) 10. Resolution No. 2005-2: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JAS PACIFIC, INC. TO PROVIDE THE CITY WITH ON -SITE PLAN CHECK SERVICES. (Building & Safety) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve the Resolution. Carried by unanimous vote. Book 87/Page 8 1/4/05 NEW BUSINESS COMMUNITY CENTER (1101-5-1) 11. SUBJECT: Request by the Rotary Club of National City to use the Martin Luther King, Jr. Community Center, to partially waive the fees and to serve alcohol (beer) for their "Fundraiser Dinner Dance" on Saturday, January 22, 2005. (Community Services) RECOMMENDATION: None. TESTIMONY: Mr. Pearson, representing the Rotary Club, appeared and responded to questions. ACTION: Motion by Parra, seconded by Inzunza, to approve the request including waiver of fees for alcohol but not for custodial. Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Zarate. Nays: Natividad. Absent: None. Abstain: None. COUNCIL WORKSHOP NOTICES ADM (102-6-1) 12. SUBJECT: Scheduling the City Council Workshop to consider an Ethics Code and Campaign Contribution Limitations. (City Attorney) RECOMMENDATION: Schedule Workshop. TESTIMONY: None. ACTION: Workshop was scheduled for February 15, 2005, at 4:00 p.m. STAFF City Attorney Eiser stated his desire and intention to add to the memo he read into the record earlier in the meeting, the residence owned by Mayor Inzunza on 16th Street. MAYOR AND COUNCIL Councilmember Zarate complimented the Public Information Officer for the new City newsletter and expressed concerns to the Police Chief about the number of firearms discharged on New Years Eve. Vice Mayor Morrison complimented staff for their preparation and efforts during the recent heavy rains that resulted in minimal impact to residents. Councilman Parra inquired on behalf of a resident about plans to resurface 11th Street at `R' Avenue. Councilman Natividad requested that the letter received by Councilmembers about Check Cashing businesses be placed on the next agenda. Book 87/Page 9 1/4/05 ADJOURNMENT The meeting was adjourned to the Next Regular City Council Meeting, to be held on January 18, 2005, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 7:02 p.m. The foregoing minutes were approved at the Regular Meeting of February 1, 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.