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April 13, 2004 > City of Newark City Council Meeting Notes

City of Newark City Council Meeting Notes

Thursday, April 8, 2004

by Susana Nuñez

This week's meeting began with the commendation of Mr. Rogelio Collazo, who retired from his position on the Senior Citizens Standing Advisory Committee. Mr. Collazo was first appointed to the Committee on April 8, 1993, with this year marking his eleventh year of service. Next on the agenda was an optional review for a signage at 8145 Enterprise Drive, or Sign House. Mr. Alex Gomez submitted the application for signage, but the Council decided not to review the item. The next item was a review for signage at 8200 Central Avenue, or the new Payment Processing, Inc. Their recent grand opening proved to be outstanding and the signage was approved.

In the Public Hearing portion of the meeting, an amendment to a conditional use permit for a replacement manufactured home for the Vandal Watch program at Bunker Elementary School was approved. Since 1977, the applicant, Mr. Clifford Bean, has resided in the home as the Vandal Watch person for Bunker Elementary. The new replacement home will be sited in the same area as the present home.

On the Consent calendar, the Council approved all six items simultaneously. The first item on the list was an acceptance of bid and award of contract to SpenCon Construction, Inc., for the 2004 Curb, Gutter, and Sidewalk Replacement Project. The next item was the introduction of an ordinance to amend the Newark Municipal Code by deleting Title 8.30 Building Security Regulations and adding Title 15.06 Security Code, and setting a public hearing date of April 22, 2004. The current Security Ordinance, administered by the Police Department, is in a format that is difficult for the public to understand and some standards are either out-of-date or in conflict with the California Building Code. A review of proposed 2004-2006 Capital Improvement Plan projects was also approved.

Next was the second reading and adoption of an ordinance adopting a zoning text amendment amending Zoning- Nonconforming Uses Structures and Signs in its entirety; in addition, Conditional Use permits and Revocation of the Newark Municipal Code, to establish a procedure by which property owners may apply for revocation of a use permit was also approved. The ordinance will affect the regulation of existing development only and the City Council intends these regulations to encourage the gradual elimination of nonconforming uses, structures, and signs.

By definition, a "'nonconforming use' is a use of a structure or land which was lawfully established and maintained prior to adoption or amendment of this title but which, under this title, does not conform with the use of regulations for the district in which it is located." A "'nonconforming structure' is a structure which was lawfully erected prior to adoption or amendment of this title but which, under this title, does not conform with the standards prescribed in the regulations for the district in which the structure is located, including, but not limited too, coverage, yard spaces, height of structure, distances between structures, and usable open space." A "'nonconforming sign' is a sign which was lawfully displayed prior to adopting or amendment of this title, bit which, under this title, does not conform with the standards set forth in this title, including but not limited to size, location or illumination."

Also approved was authorization for the City Manager to sign an agreement with AT&T for Public Safety Mobile Data Communication Service. This allows Public Safety personnel to use state-of-the-art wireless architecture to access vital information such as local, state, and national databases. Finally, the sixth item approved was an amendment to the Employee Classification Plan, to revise Police Lieutenant classification. The minimum qualifications to become a lieutenant included a degree from an accredited four-year college and two years' experience as a Police Sergeant, but now a combination of education and experience equivalent to sixty college semester units and four years of experience as a City of Newark Police Sergeant will be required.

Assistant City Manager Reese took the floor next and presented the Draft Five-Year Forecast for 2004-2009. This was submitted to the Council for review and it is the first of two documents that make up the budget cycle. The second is the Biennial Budget 2004-2006 and Capital Improvement Plan. The Five-Year Forecast is broken into three major sections, being the Development Forecast, the Economic and Financial Forecast, and lastly the Strategic and Budget Plans. The Five-year Forecast is scheduled for formal adoption at the April 22, 2004 City Council meeting.

In the City Attorney Report, the claim of Willie M. and Yvonne L. Allen was denied. On December 23, 2003, the City received a claim for $1,700 from Willie M. and Yvonne L. Allen for driveway replacement. After the claim and all relevant information were forwarded to the City's insurance administrator, ABAG-Plan, they recommended that it be denied. The Council Matters were up next, of which the reappointments to the Senior Citizens Standing Advisory Committee were approved. The terms of members Deanna Martinez and Robert Tyler expire on April 14, 2004, and they had both indicated that they would like to serve another term. The Council approved two-year terms for the both.

Before the meeting came to a close, the Council reminded the public of the upcoming Volunteer Recognition Ceremony on the evening of Tuesday April 13, 2004 in Newark. The meeting was adjourned with a "Happy Easter" from the Council.

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