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HomeMy WebLinkAbout2005 02-15 CC MINBook 87/Page 28 2/15/05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 15, 2005 The Regular Meeting of the City Council of the City of National City was called to order at 6:04 p.m. by Mayor Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Zarate. Administrative officials present: Campbell, Condon, Dalla, Deese, Eiser, Gonzales, Hodges, Juniel, Kirkpatrick, Morse, Post, Saucedo, Trees, Wurbs. PUBLIC ORAL COMMUNICATIONS — None. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) Employee of the Month — Maria Marmolejo, Library Technician, was recognized as Employee of the Month for January 2005. 30 year Anniversary — Fire Captain William Holloway. Mr. Holloway was recognized and presented a service pin commemorating his thirty years of service to the City. PROCLAMATIONS (102-2-1) A Proclamation proclaiming Saturday, January 29, 2005 as: "WILLIAM POLIN DAY." A Proclamation proclaiming Saturday, February 5, 2005 as: "EDITH HUGHES DAY." ACTION: Mayor Inzunza reported that the Proclamations had been previously presented. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Approval of the Minutes), Item No. 2 (NCMC), Item Nos. 3 through 11 (Resolution Nos. 2005-21 through 2005-29), Item No. 12 (Disclosure of property interests), Book 87/Page 29 2/15/05 CONSENT CALENDAR (cont.) Item Nos. 12 and 13 (Warrants), and Item No. 15 (Claim). Motion by Natividad, seconded by Morrison, the Consent Calendar be approved, and the Claim for Damages be denied. Carried by unanimous vote. APPROVAL OF THE MINUTES 1. Approval of the Minutes of the Regular City Council Meeting of February 1, 2005. ACTION: Approved. See above. NCMC (506-2-20) 2. SUBJECT: 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: Adopted. See above. CONTRACT (C2004-4) 3. Resolution No. 2005-21: APPROVING CHANGE ORDER NUMBER FIVE FOR THE LIBRARY PROJECT WITH JAYNES CORPORATION AND ADD PATIO AREA ON THE NORTH SIDE OF THE BUILDING THAT INCLUDES FENCING, CONCRETE AMPHITHEATER STYLE SEATING, AND LIGHTING TO BE USED FOR CHILDREN'S PROGRAMS IN THE TOTAL AMOUNT OF $33,121 AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Engineering) ACTION: Adopted. See above. CONTRACT (C2004-4) 4. Resolution No. 2005-22: APPROVING CHANGE ORDER NUMBER SIX FOR THE LIBRARY PROJECT WITH JAYNES CORPORATION TO REVISE THE ROOF ASSEMBLY AROUND THE MECHANICAL EQUIPMENT IN THE TOTAL AMOUNT OF $31,424 AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Engineering) ACTION: Adopted. See above. Book 87/Page 30 2/15/05 CONSENT CALENDAR (cont.) CONTRACT (C2004-4) 5. Resolution No. 2005-23: CITY APPROVING CHANGE ORDER NUMBER SEVEN FOR THE LIBRARY PROJECT WITH JAYNES CORPORATION TO ENHANCE THE FINISH OF "ENTRY QUOTE WALL" AT THE ENTRANCE TO THE LIBRARY IN THE TOTAL AMOUNT OF $44,368 AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Engineering) ACTION: Adopted. See above. POLITICAL SUPPORT ADM (102-4-1) 6. Resolution No. 2005-24: CITY SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION. (City Manager) ACTION: Adopted. See above. SUPPLEMENTAL LAW ENFORCEMENT SVCS FDS (302-1-4) 7. Resolution No. 2005-25: AUTHORIZING APPROPRIATION OF FY 2004/2005 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND FOR $100,000.00. (Police) ACTION: Adopted. See above. CONTRACT (C2005-4) 8. Resolution No. 2005-26: ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID, FOR THREE PICK-UP TRUCKS, FROM PERRY FORD OF NATIONAL CITY IN THE AMOUNT OF $38,099.22. ONE TRUCK FOR STORMWATER INSPECTOR FROM SEWER FUNDS, AND TWO FOR CODE ENFORCEMENT/LEAD DIVISION FROM GRANT FUNDS. (Purchasing) ACTION: Adopted. See above. COVENANT RUNNING WITH THE LAND (903-8-9) 9. Resolution No. 2005-27: APPROVING THE DEFERRAL OF ORDINANCE NO. 1491 AND GRANTING OF "COVENANT RUNNING WITH THE LAND" TO PROPERTY OWNER AT 2019 "D" AVENUE, CITY OF NATIONAL CITY. (Engineering) ACTION: Adopted. See above. Book 87/Page 31 2/15/05 CONSENT CALENDAR (cont.) ENCROACHMENT AGREEMENT (903-14-1) 10. Resolution No. 2005-28: APPROVING AND GRANTING AN ENCROACHMENT PERMIT IN CONNECTION WITH THE FRONT YARD RETAINING WALL AT 3203 STOCKMAN AVENUE. (Engineering) ACTION: Adopted. See above. CONTRACT (C2004-29) 11. Resolution No. 2005-29: AUTHORIZING FUNDS IN THE AMOUNT OF $20,789 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT FROM THE FY03 STATE HOMELAND SECURITY GRANT — SUPPLEMENTAL PROGRAM. (Fire) ACTION: Adopted. See above. CITY ATTORNEY REPORTS (509-1-3) 12. SUBJECT: Disclosure of property interest within redevelopment project area: Mayor Nick Inzunza. (City Attorney) ACTION: Adopted. See above. WARRANT REGISTER 2005 (202-1-20) 13. Warrant Register No. 28. Ratification of Demands in the amount of $1,343,877.05. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2005 (202-1-20) 14. Warrant Register No. 29. Ratification of Demands in the amount of $1,128,526.43. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-149) 15. SUBJECT: Claim for Damages: William Rogers (City Clerk) ACTION: Denied. See above. Book 87/Page 32 2/15/05 PUBLIC HEARING CONDITIONAL USE PERMITS 2005 (403-20-1) 16. Continued Public Hearing — Conditional Use Permit for a wireless Communications facility on National City Middle School property at 1701 D Avenue. (Applicant: Terra Tech Communications for Nextel) (Case File CUP-2004-12) (Planning) RECOMMENDATION: Staff reported that the applicant has requested that their application be withdrawn. TESTIMONY: Sarah Ruiz, National City, requested that a moratorium be considered for all future cell facility permits. Cecilia Kirk, National City, spoke against the application. Rita Heuss, National City, spoke against the application. ACTION: Application withdrawn. No action taken. SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMITS 2005 (403-20-1) 17. Public Hearing — Tentative Subdivision Map and Conditional Use Permit to convert 29 apartment units to condominiums at 900-910 Manchester Street. (Applicant: Westone Management Consultants) (Case File No.: S-2004-15/CUP-2004-24) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission for approval. TESTIMONY: Walid Romaya, San Diego, the applicant, responded to questions. Joseph Scarletti, San Diego, representing the applicant, requested that the requirement for undergrounding be deleted. Margaret Satterthwaite, National City, expressed concerns about parking impacts. ACTION: Motion by Parra, seconded by Morrison, to approve the Tentative Subdivision Map and Conditional Use Permit with all conditions of staff. Carried by unanimous vote. PARKING DISTRICT ADM (801-1-1) 18. Public Hearing on the formation of Residential Permit Parking District "J" located on the east side of Hoover Avenue between 14th Street and 15th Street. (Sheppard, TSC Item No. 2005) (Engineering) RECOMMENDATION: Staff recommended the public hearing be continued and re -noticed. TESTIMONY: None. Book 87/Page 33 2/15/05 PUBLIC HEARING (cont.) PARKING DISTRICT ADM (801-1-1) ACTION: Motion by Parra, seconded by Morrison, to continue this item to March 1st. Carried by unanimous vote. NON CONSENT CALENDAR CONTRACT (C2005-5) 19. Resolution No. 2005-30: APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE, AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. (Finance) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to approve the Resolution. Carried by unanimous vote. ORDINANCES FOR ADOPTION NCMC 2005 (506-2-20) 20. "AN ORDINANCE REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM GP-PZ (RS-2) TO GP-PZ (RT) FOR A 4.2 ACRE PROPERTY ON THE EAST SIDE OF CYPRESS STREET AND ADOPTION OF AN AMENDMENT TO TITLE 18 (ZONING) OF THE MUNICIPAL CODE REGARDING THE NUMBER OF UNITS PERMITTED ON A LOT IN THE RT ZONE AND SEPARATION OF BUILDINGS ON A LOT IN THE RS-3, RT, AND RM-1 ZONES. APPLICANT: CYPRESS GLEN LLC. (CASE FILE NOS. GP-2004-2/A-2004-3." (Planning) ACTION: Motion by Natividad, seconded by Parra, to adopt Ordinance No. 2005-2259. Carried by unanimous vote. NCMC 2005 (506-2-20) 21. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 2004-2254, PERTAINING TO A MORATORIUM ON THE ESTABLISHMENT OF CHECKS CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES, BY ADDING SECTION 6 THERETO TO ESTABLISH AN EXCEPTION TO SAID MORATORIUM."(City Attorney) Book 87/Page 34 2/15/05 ORDINANCES FOR ADOPTION (cont.) NCMC 2005 (506-2-20) ACTION: Motion by Natividad, seconded by Parra, to adopt Ordinance No. 2005-2260. Carried by unanimous vote. NEW BUSINESS COMM DEV HOME INVEST (406-2-4) / COMM DEV ADMIN (406-2-9) BLOCK GRANT PROG ADMIN (406-1-18) 22. SUBJECT: Status Report: Schedule for processing of the Community Development Grant (CDBG) and Home Investment Partnership Act (HOME) program applications and new five-year consolidated plan. (Community Development Commission) RECOMMENDATION: Accept and file report. TESTIMONY: None. ACTION: Accepted and filed. TEMPORARY USE PERMITS 2005 (203-1-21) 23. SUBJECT: Temporary Use Permit — Synergy Research Center — Annual Company Picnic at 1908 Sweetwater Rd., Saturday, February 19, 2005. (Building & Safety) RECOMMENDATION: Approve the request for a TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMITS 2005 (203-1-21) 24. SUBJECT: Temporary Use Permit — Pentecostal Missionary Church — District Convention at 2410 E. 8th Street from February 21- 27, 2005. (Building & Safety) RECOMMENDATION: Approve the request for a TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to approve the request. Carried by unanimous vote. Mayor Inzunza left the Council Chambers at 7:15 p.m. Book 87/Page 35 2/15/05 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2005 (203-1-21) 25. SUBJECT: Temporary Use Permit — American Athletic Club — Racquetball Tournament at 2539 Hoover Avenue from February 24- 27, 2005. (Building & Safety) RECOMMENDATION: Approve the request for a TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve the request. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Inzunza. Abstain: None. TEMPORARY USE PERMITS 2005 (203-1-21) 26. SUBJECT: Temporary Use Permit — National City Living History Farm Preserve Inc. — Farm Day at 1808 F Avenue from March 1, 2005 to March 12, 2005. (Building & Safety) RECOMMENDATION: Approve the request for a TUP subject to compliance with all conditions of approval, and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to approve the request. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Inzunza. Abstain: None. Mayor Inzunza returned to the Chambers at 7:17 p.m. Staff recommended that Item Nos. 27 and 28 be continued to the next meeting. TEMPORARY USE PERMITS 2005 (203-1-21) 27. SUBJECT: Temporary Use Permit — National School District — Parents as Teachers 18th Anniversary at Kimball Park. Saturday, May 7, 2005 from 10:00 a.m. - 2:00 p.m. (Building & Safety) RECOMMENDATION: Approve the request for a TUP subject to compliance with all conditions of approval, and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, this item be continued. Carried by unanimous vote. Book 87/Page 36 2/15/05 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2005 (203-1-21) 28. SUBJECT: Temporary Use Permit — Respiratory Department Paradise Valley Hospital — World Asthma Day Health Fair at Kimball Park on Saturday, May 7, 2005 from 10:00 a.m. — 2:00 p.m. (Building & Safety) RECOMMENDATION: Approve the request for a TUP subject to compliance with all conditions of approval, and grant the request for a waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, this item be continued. Carried by unanimous vote. STAFF — No Report. MAYOR AND COUNCIL Councilmember Zarate expressed her belief that the Planning Commission as currently constituted with nine members is too large. Vice Mayor Morrison suggested that the letters of commendation for city employees be posted for public viewing. Mr. Morrison also reported that, commencing in 2008, the recently approved TransNet tax measure would require a $2,000 fee to be assessed for each new residential unit in the County and earmarked for transportation. Mayor Inzunza stated that he supports a smaller Planning Commission. Councilmember Natividad reported on the recent SANDAG retreat. CLOSED SESSION Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) Antonio Flores, et al v. J.C. Penney Corporation, Inc., et al; San Diego Superior Court Case No. GIS18683 Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One potential case) Book 87/Page 37 2/15/05 CLOSED SESSION (cont.) Public Employee Performance Evaluation -Government Code Section 54957 Title: City Manager ACTION: Motion by Parra, seconded by Inzunza, to go into Closed Session. Carried by unanimous vote. Members retired into Closed Session at 7:30 p.m. ADJOURNMENT The meeting was adjourned to the Next Regular City Council Meeting to be held on Tuesday, March 1, 2005, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 9:30 p.m. The foregoing minutes were approved at the Regular Meeting of March 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.