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HomeMy WebLinkAbout2005 09-20 CC MINBook 87/Page 205 9/20/05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 20, 2005 The Regular Meeting of the City Council of the City of National City was called to order at 6:09 p.m. by Mayor Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Zarate. Administrative officials present: Dalla, Deese, Dunn, Eiser, Gonzales, Juniel, Post, Saucedo, Trees, Wurbs, Yeo, Zapata. Others present: City Treasurer George Hood and Student Representatives Michelle Reynoso and Yessenia Jurado. OFF AGENDA ITEM Councilmember Natividad requested that a time sensitive item be added to the agenda regarding a Temporary Use Permit at the Wal Mart store. ACTION: Motion by Natividad, seconded by Parra, to add the item to the agenda. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Nancy Mendoza, representing the Chamber of Commerce Business Committee and Chamber Executive Director Carolyn Krouse spoke in support of Proposition B, the sales tax increase measure on the November 8th ballot. Maria Casanova and Maria Rodriguez, National City, expressed their concerns about the safety of children attending Central Elementary School and offered suggestions for improved traffic safety. Rafael Sanchez, Assistant Principle at Central School, spoke on behalf of parents and students and suggested a cross walk, speed humps and flashing lights be installed. PROCLAMATIONS (102-2-1) Proclaiming the month of September 2005 as: "NATIONAL 5 A DAY MONTH" Book 87/Page 206 9/20/05 PROCLAMATIONS (continued) Proclaiming October 7, 2005 as: "CALIFORNIA ARTS DAY" ACTION: Mayor Inzunza reported that the Proclamation had been previously presented. PRESENTATION PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) Employee of the Month Program — Roberto Medina, Engineer — Fire Department and Damon Dong, — Management Information Systems Tech were recognized as Employees of the Month for September 2005. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR Item No. 1 (Approval of the Minutes for the Regular Meeting of July 19, 2005, the Adjourned Regular Meeting of July 26, 2005 and the Regular Meeting of August 2, 2005), Item No. 2 (NCMC), Item Nos. 3 through 9 (Resolution Nos. 2005-201 through 2005-207), Item No. 10 (Request to Use MLK Community Center), Items Nos. 11 and 12 (Warrant Registers), and Item Nos. 13 though 17 (Temporary Use Permits). Motion by Parra, seconded by Morrison, to approve the Consent Calendar. Carried by unanimous vote. APPROVAL OF THE MINUTES 1. Approval of the Minutes of the Regular Meeting of July 19, 2005, the Adjourned Meeting of July 26, 2005 and the Regular Meeting of August 2, 2005. ACTION: Approved. See above. NCMC (506-2-20) 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. GRANT LAW ENFORCEMENT (302-1-2) 3. Resolution No. 2005-201: SUPPORT OF AMENDING THE CURRENT INEQUITABLE DISTRIBUTION FORMULA OF PROPOSITION 172 PUBLIC SAFETY FUNDS IN SAN DIEGO COUNTY. (City Manager) ACTION: Approved. See above. Book 87/Page 207 9/20/05 CONSENT CALENDAR (continued) CONTRACT (C98-46) FIRE DEPT ADMIN (305-1-1) 4. Resolution No. 2005-202: EXTENDING THE FIRE PROTECTION SERVICES AGREEMENT WITH THE LOWER SWEETWATER FIRE PROTECTION DISTRICT. (Fire) ACTION: Approved. See Above. CONTRACT (C2005-56) 5. Resolution No. 2005-203: AUTHORIZING FUNDS IN THE AMOUNT OF $14,275 FOR THE REIMBURSABLE GRANT PURCHASE OF A POWER HAWK RAPTOR RESCUE SYSTEM FOR THE FIRE DEPARTMENT FROM THE FY06 SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES GRANT PROGRAM. (Fire) ACTION: Approved. See Above. CONTRACT (C2005-57) 6. Resolution No. 2005-204: AUTHORIZING FUNDS IN THE AMOUNT OF $15,000 FOR THE REIMBURSABLE GRANT PURCHASE OF HAZARDOUS MATERIALS RESPONSE KITS AND RAPID RESPONSE KITS FOR THE FIRE DEPARTMENT FROM THE FY06 SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES GRANT PROGRAM. (Fire) ACTION: Approved. See Above. CONTRACT (C2005-58) 7. Resolution No. 2005-205: AUTHORIZING AN INDEMNITY AGREEMENT WITH KNOTTS SOAK CITY AND SOUTHWESTERN COMMUNITY COLLEGE FOR FIREFIGHTER'S WATER TRAINING AT KNOTTS SOAK CITY WATER PARK. (Fire) ACTION: Approved. See Above. PARADISE CREEK EDUCATIONAL PARK (702-10-1) 8. Resolution No. 2005-206: APPROVING THE APPLICATION, ASSURANCES AND MITIGATION PROGRAM FOR GRANT FUNDS UNDER THE COASTAL CONSERVANCY ENHANCEMENT PROGRAM AND ACCEPTING THE FUNDS FOR THE CONSTRUCTION OF THE PARADISE CREEK EDUCATIONAL PARK PROJECT, SPECIFICATION 04-5. (Public Works/Community Services) ACTION: Approved. See Above. Book 87/Page 208 9/20/05 CONSENT CALENDAR (continued) CONTRACT (C99-21) PARADISE CREEK EDUCATIONAL PARK (702-10-1) 9. Resolution No. 2005-207: AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CURRENT AGREEMENT WITH SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL SERVICES IN THE AMOUNT OF $5,240 TO COMPLETE THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AND STANDARD URBAN STORMWATER PLAN (SUSMP) FOR THE PARADISE CREEK EDUCATIONAL PARK. (Public Works/Community Service) ACTION: Approved. See Above MARTIN LUTHER KING COMMUNITY CENTER (1101-5-1) 10. SUBJECT: Request to use the Martin Luther King Jr. Community Center by the Chamber of Commerce and the Kiwanis Club of National City for their annual "Salute to Navy Luncheon" on Wednesday, October 12, 2005. (Community Services) ACTION: Approved. See Above. WARRANT REGISTER 2005 (202-1-20) 11. Warrant Register #08 Ratification of Demands in the amount of $381,641.46. ACTION: Ratified. See Above. WARRANT REGISTER 2005 (202-1-20) 12. Warrant Register #09 Ratification of Demands in the amount of $2,393,605.20. ACTION: Ratified. See Above. TEMPORARY USE PERMTS TEMPORARY USE PERMIT 2005 (203-1-21) 13. Temporary Use Permit - San Ysidro Health Center - Protecting our Children Health & Resource Fair - October 1, 2005 from 11 a.m. to 3 p.m. — Kimball Park. (Building & Safety) RECOMMENDATION: Approve subject to compliance with all conditions of approval and grant the waiver of fees. TESTIMONY: Staff reported that the applicant has requested that the item be pulled from the agenda. ACTION: No action taken. Book 87/Page 209 9/20/05 TEMPORARY USE PERMIT 2005 (203-1-21) 14. Temporary Use Permit - Sweetwater High School - Homecoming Football Game — October 21, 2005 — 6 p.m. to 11 p.m. at 2900 Highland Avenue. (Building & Safety) RECOMMENDATION: Approve the Application subject to compliance with all conditions of approval and grant the waiver of fees, except for the school reserve officers. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, in favor of staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMIT 2005 (203-1-21) 15. Temporary Use Permit San Ysidro Health Center - Fitness & Fun Health Fair — October 22, 2005, 10 a.m. to 2 p.m. at Kimball Park. (Building & Safety) RECOMMENDATION: Approve the Application subject to compliance with all conditions of approval and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, in favor of staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMIT 2005 (203-1-21) 16. Temporary Use Permit - Iglesia Evangelica Bethel - Toys for Joy — December 16, 2005, 5 p.m. to 9 pm. at 1200 E. 8th Street. (Building & Safety) RECOMMENDATION: Approve the Application subject to compliance with all conditions of approval and grant the waiver of fees. TESTIMONY: An un-named speaker appeared on behalf of the applicant. ACTION: Motion by Morrison, seconded by Zarate, in favor of staff's recommendation. Carried by unanimous vote. Motion by Morrison, seconded by Parra, to denv the use of the Citv's stage. Carried by unanimous vote. TEMPORARY USE PERMIT 2005 (203-1-21) 17. Temporary Use Permit - Sweetwater High School Graduation Ceremony 2006 — June 15, 2006 — 5 p.m. to 7 p.m. at 2900 Highland Avenue. (Building & Safety) RECOMMENDATION: Approve the Application subject to compliance with all conditions of approval and grant the waiver of fees, except for the school reserve officers. TESTIMONY: None. Book 87/Page 210 9/20/05 ACTION: Motion by Zarate, seconded by Morrison, in favor of staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMIT 2005 (203-1-21) 17a. Temporary Use Permit - The Lowrider Committee of San Diego - Hurricane Relief Project at the National City WaI-Mart on September 24, 2005 from 11 a.m. to 3 p.m. RECOMMENDATION: Approve the Application subject to compliance with all conditions of approval and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve. Carried by unanimous vote. ORDINANCE FOR ADOPTION NCMC (506-2-19) 18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 11.16.010 (SPEED ZONES DESIGNATED) OF THE NATIONAL CITY MUNICIPAL CODE ESTABLISHING SPEED ZONES ON VARIOUS STREETS. (ENGINEERING) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Parra, to adopt the Ordinance. Carried by unanimous vote. PUBLIC HEARING CONDITIONAL USE PERMIT 2005 (403-20-1) 19. Public Hearing — Appeal of Planning Commission denial of a Conditional Use Permit for modification of CUP-1997-6 to extend the hours of alcohol sales at Sav-on Drugs at 1201 Plaza Boulevard. (Applicant: Mike MacFarland for Sav-on Drugs) (Case File M1-CUP-1997-6). (Planning) RECOMMENDATION: Staff concurs with the Planning Commission's denial. TESTIMONY: Guillermina Coronado, National City, spoke against the appeal. Irma Hernandez, National City, spoke against the appeal. Mike MacFarland, representing the applicant, responded to questions and spoke in favor. ACTION: Motion by Natividad, seconded by Parra, to deny the appeal based on the findings contained in the staff report and Planning Commission Resolution. Carried by unanimous vote. Book 87/Page 211 9/20/05 CONDITIONAL USE PERMIT 2005 (403-20-1) 20. Public Hearing — Conditional Use Permit (CUP) to construct a wireless communications facility at 1439 Tidelands Avenue. (Case File No. CUP 2005-09). (Planning) RECOMMENDATION: Approve the CUP with all conditions. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to approve the CUP. Carried by unanimous vote. NEW BUSINESS WATER CONSERVATION / QUALITY PLANNING (907-2-1) 21. SUBJECT: Presentation - Regional/Local Recycled Water Plans and Their Impact on National City Users -- Ms. Marsi A. Steirer, Deputy Water Director, Water Department, City of San Diego and Mr. Jim Smythe, Chief Engineer, Sweetwater Authority. CONTRACT (C2004-28) SWEETWATER HEIGHTS PARK ADMIN (702-8-1) 22. SUBJECT: Approval of a letter consenting to the sublease of a portion of Sweetwater Heights Park from T-Mobile USA to New Cingular Wireless for cellular antenna facilities. (City Attorney) RECOMMENDATION: Authorize the Mayor to sign a letter granting the City's consent to the proposed sublease. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve. Carried by unanimous vote. LAS PALMAS PARK ADMIN (702-3-4) 23. SUBJECT: Proposed Community Mural at Las Palmas Park located at 1800 E. Newell Street. (Community Services) RECOMMENDATION: Staff concurs with the Public Art "Mural Subcommittee" recommendation and recommends approval of the mural and Option 3 (Las Palmas Park as the recommended site). TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve. Carried by unanimous vote. SISTER CITY COMMITTEE ADMIN (101-13-1) 24. SUBJECT: Discussion of possible expansion of Sister City relationships. (City Clerk) RECOMMENDATION: Discuss and provide direction. TESTIMONY: Connie Leyva, San Diego, spoke in support of establishing a sister city relationship with Olongapo City, Book 87/Page 212 9/20/05 Philippines. ACTION: Motion by Parra, seconded by Morrison, that the Manor write a letter to the Sister City Association and explore establishing a formal relationship with Olonqapo and other cities. Carried by unanimous vote. PLANNED DEVELOPMENT ADMIN (414-1-20) 25. SUBJECT: Notice of Decision — Planning Commission approval of a Planned Development Permit for a hotel and related tourist commercial development and public access/use improvements on a 7.5 acre site on the south side of Bay Marina Drive adjacent to the west side of Interstate 5 within the Harbor District Specific Area Plan. (Applicant: Sycuan Tribal Development Corp. and Marina Gateway Development Company) (Case File PD-2005-2/CDP- 2005-2). (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. VARIANCES 2002 (409-1-33) 26. SUBJECT: Notice of Decision — Planning Commission approval of a zone variance for Tess than required parking for an existing adult day health care center at 2525 Highland Avenue. (Applicant: Nationwide Enterprises/DBA Highlander Adult Day Health Center) (Case File Z-2005-4). (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. NC TRANSIT AUDIT / REPORTS (805-1-5) 27. SUBJECT: National City Transit Monthly Report — September 2005 - John Webster, Sr., General Manager, National City Transit. RECOMMENDATION: File. TESTIMONY: None. ACTION: Filed. Book 87/Page 213 9/20/05 OLD BUSINESS KIMBALL PARK ADMIN (702-1-1) BOYS / GIRLS CLUB ADMIN (109-5-1) 28. SUBJECT: Proposal to build a soccer field in Kimball Park in collaboration with the Boys & Girls Club of National City. (Community Services/Public Works) RECOMMENDATION: Staff recommends that the City Council select 'Option A', the T-Ball Field, as the preferred site for the soccer field and to the work with the Boys & Girls Club on project related issues. TESTIMONY: None. ACTION: Motion by Morrison, Seconded by Parra, to approve use of 'Option C' with the added condition that the name of Junior Robles be incorporated into the succor facility and that the CDC initiate steps to fund $45,000 from re -allocated Block Grant money. Carried by following vote, to -wit: Ayes: Inzunza, Morrison, Parra, Zarate. Nays: Natividad. Absent: None. Abstain: None. STAFF Fire Chief Rod Juniel reported on Fire Fighter recruitment efforts and the October 11t" Fire Safety Fair. MAYOR AND CITY COUNCIL Vice Mayor Morrison requested that the City Attorney bring back a report on the merits of merging the Community Development Commission into the City administration as a City department. CLOSED SESSIONS 1. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b). Two Potential Cases. ACTION: Motion by Zarate, seconded by Morrison, to qo into closed session. Carried by unanimous vote. Members retired into Closed Session at 8:25 p.m. ADJOURNMENT The meeting was adjourned to the Next Regular City Council Meeting to be held on Tuesday, October 4, 2005, at 6:00 p.m., Council Chambers, Civic Center. Book 87/Page 214 9/20/05 The meeting closed at 8:34 p.m. The foregoing minutes were approved a the Regular Meeting of November 15, 2005 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