HomeMy WebLinkAbout2006 11-21 CC CDC MINBook 88/Page 201
11/21/06
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY,
CALIFORNIA
November 21, 2006
The Regular Meeting of the City Council and the Community Development
Commission of the City of National City was called to order at 6:00 p.m. by
Mayor / Chairman Nick Inzunza.
ROLL CALL
Council / Commission members present: Inzunza, Morrison, Natividad, Parra.
Council / Commission members absent: Zarate.
Administrative Officials present: Dalla, Eiser, Gonzales, Juniel, Kirkpatrick,
Lopez, Post, Raulston, Smith, Soriano, Wurbs, Zapata.
Others present: City Treasurer George Hood and student representatives
Roseanita Hernandez and Maria Batasin.
PUBLIC ORAL COMMUNICATIONS
Bill Goulet, National City, congratulated the successful election candidates and
expressed hope that they would keep their campaign promises.
Randal Myrseth, stated that he believes that any council vacancy should be filled
by the third place candidate or a special election should be held.
Alfonso Hernandez, National City, spoke about a homeless camp.
Frank Lopez, National City, reported that the Responsible Server Training
mandated by Ordinance is now underway.
The City Council took up the Consent Calendar.
CONSENT CALENDAR Item No, 2 (Approval of the Minutes), Item No. 3
(NCMC), Item No. 4 throughl6 (Resolution Nos. 2006-225 through 2006-244),
Item Nos. 17 through 19 (Temporary use Permits), Item No. 20, (Notice of
Decision), Item Nos. 21 through 24 (Warrants). ACTION: Motion by Natividad,
seconded by Parra, to approve the Consent Calendar. Carried by the following
vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None. Absent:
Zarate. Abstain: None.
Motion by Natividad, seconded by Inzunza, to reconsider Items Nos.6, 7 and 27.
Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra.
Nays: None. Absent: Zarate. Abstain: None.
Book 88/Page 202
11 /21 /06
Motion by Parra, seconded by Morrison, to continue Item Nos. 6, 7 and 27 for no
more than 90 days. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Natividad, Parra. Nays: None. Absent: Zarate. Abstain: None.
APPROVAL OF THE MINUTES
2. Approval of the Minutes of the Regular City Council/Community
Development Commission Meeting of September 9, 2006, the Special
City Council/Community Development Commission Meeting of September
9, 2006, the Regular City Council/Community Development Commission
Meeting of September 19, 2006, the City Council Adjourned Regular
Meeting of September 25, 2006, the City Council/Community
Development Commission Regular Meeting of October 3, 2006 and the
City Council/Community Development Commission Regular Meeting of
October 17, 2006 . (City Clerk)
ACTION: Approved. See above.
NCMC (506-2-20)
3. 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.
CONTRACT (C2006-62)
4. Resolution No. 2006-225: APPROVING AN AGREEMENT WITH
INFRASTRUCTURE ENGINEERING CORPORATION TO PROVIDE THE
CITY WITH ENGINEERING DESIGN SERVICES IN THE "NOT TO
EXCEED" AMOUNT OF $264,337 FOR THE UPSIZING OF GRAVITY
SEWERS PER THE DOWNTOWN SPECIFIC UTILITIES IMPACT
REPORT AND AUTHORIZING THE CITY ENGINEER TO EXECUTE
THE AGREEMENT. (Funding through Sewer Capital Improvements
Funds) (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2006-63)
5. Resolution No.2006-226: APPROVING A CONTRACT BETWEEN
DOKKEN ENGINEERING FIRM AND THE CITY IN THE TOTAL
AMOUNT OF $1,101,000 TO PROVIDE PROFESSIONAL DESIGN AND
RIGHT OF WAY AQUISITION SERVICES FOR THE STREET
WIDENING IMPROVEMENTS ON PLAZA BOULEVARED FROM
HIGHLAND AVENUE TO EUCLID AVENUE (Funding for this project is
provided 88.53% by Federal (RSTP) and 11.47% by Local Transnet
funds.) (Engineering)
ACTION: Adopted. See above.
Book 88/Page 203
11 /21 /06
GENERAL PLAN (405-8-5)
ZONING 2006 (506-1-21)
6. Resolution No. 2006-227: ADOPTING AN AMENDMENT TO THE
COMBINED GENERAL PLAN/ZONING MAP FROM IP-PD TO RM-3-PD
FOR AN 11.9 ACRE VACANT SITE BETWEEN 4111 AND 8111 STREETS
AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE. (Applicant:
Generations Development, LLC) (Case File Nos. GP-2006-1/ZC-2006-1)
(Planning)
ACTION: Continued. See above.
SUBDIVISIONS / VARIANCES 2006 (415-1-2)
7. Resolution No. 2006-228: APPROVING A TENTATIVE SUBDIVISION
MAP AND PLANNED DEVELOPMENT PERMIT, APPROVING A
NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A
NOTICE OF DETERMINATION FOR A RETIREMENT COMMUNITY
INCLUDING 498 SENIOR RESIDENTIAL UNITS ON AN 11.9 ACRE
VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN
ARCADIA AVENUE AND BURDEN DRIVE. (Applicant: Generations
Development, LLC.) (Case File Nos. S-2006-2/PD-2006-1/IS-2006-1)
(Planning) ACTION: Adopted. See above. Reconsidered. Continued for
90 days
ACTION: Continued. See above.
CONTRACT (C2006-61)
8. Resolution No. 2006-229: AUTHORIZING WAIVER OF THE FORMAL
BIDDING PROCESS FOR THE PURCHASE AND INSTALLATION OF AN
UNINTERRUPTIBLE POWER SUPPLY SYSTEM FROM COMPUTER
PROTECTION TECHNOLOGY USING PC MAINTENANCE AND POLICE
DEPARTMENT FUNDS IN THE AMOUNT OF $57,261.28. (City
Manager/Information Technology)
ACTION: Adopted. See above.
CONTRACT (C2006-64)
COMPUTER DATA NETWORK SYSTEM ADMIN (1200-1-2)
9. Resolution No. 2006-230: AUTHORIZING WAIVER OF THE FORMAL
BIDDING PROCESS, AND AWARDING A CONTRACT TO
PROGRESSIVE SOLUTIONS FOR LICENSE TRACK, PETTRACK AND
BUILDING TRACK SOFTWARE IN THE AMOUNT OF $87,900.00 USING
PC MAINTENANCE FUNDS. (City Manager/Information Technology)
ACTION: Adopted. See above.
Book 88/Page 204
11 /21 /06
CONTRACT (C2006-65)
GRANT HOMELAND SECURITY (206-4-22)
10. Resolution No, 2006-231: AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT BETWEEN THE NATIONAL CITY FIRE
DEPARTMENT AND CITY OF SAN DIEGO FIREFIGHTERS REGIONAL
WELLNESS PROGRAM FOR WELLNESS PROGRAM SERVICES.
(Fire)
ACTION: Adopted. See above.
GRANT HOMELAND SECURITY (206-4-22)
11. Resolution No. 2006-232: AUTHORIZING FUNDS IN THE AMOUNT OF
$11,502 AS A 20% MATCH FROM THE FY05 ASSISTANCE TO
FIREFIGHTERS GRANT PROGRAM FOR THE NATIONAL CITY FIRE
DEPARTMENT TO JOIN THE SAN DIEGO FIREFIGHTERS REGIONAL
WELLNESS PROGRAM. (Fire)
ACTION: Adopted. See above.
EMERGENCY / DISASTER PLANNING ADMIN (301-1-1)
12. Resolution No. 2006-233: AUTHORIZING THE ACCEPTANCE OF THE
REVERSE 911 SYSTEM FOR THE NATIONAL CITY POLICE
DEPARTMENT WITH GRANT FUNDING OF $37,173.75 PROVIDED BY
THE COUNTY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES.
(Police)
ACTION: Adopted. See above.
CONTRACT (C2006-66)
EMERGENCY / DISASTER PLANNING ADMIN (301-1-1)
13. Resolution No. 2006-234: AUTHORIZING THE MAYOR TO SIGN A
NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL
TELEPHONE COMPANY DBA SBC CALIFORNIA AND THE CITY OF
NATIONAL CITY AND SIGMA COMMUNICATIONS, LLC. (Police)
ACTION: Adopted. See above.
EQUIPMENT PURCHASE ADMIN (209-1-1)
14. Resolution No. 2006-235: AUTHORIZING THE CITY COUNCIL TO
WAIVE THE BIDDING PROCESS AND AUTHOIZE THE EMERGENCY
REPAIR OF FIRE ENGINE #236. TOTAL COST: $38,145.45. (Public
Works)
ACTION: Adopted. See above.
Book 88/Page 205
11 /21 /06
BUDGET TRANSFERS ADMIN (103-2-4)
15. Resolution No. 2006-236: AUTHORIZING AN INTERBUDGET
ADJUSTMENT TRANSFERRING $217,380 FROM ACCOUNT 125-2501,
SEWER UNDESIGNATED RESERVES TO ACCOUNT 125-422-222-511,
SEWER AUTOMOTIVE EQUIPMENT FUND FOR THE PURCHASE OF A
SEWER FLUSHER TRUCK. (Public Works)
ACTION: Adopted. See above.
CONTRACT (C2005-63)
16. Resolution No. 2006-237: AUTHORIZING AN EXPENDITURE OF
$51,268.71 FOR THE COMPLETION OF THE ROOSEVELT AVE.
PORTION OF THE PUBLIC SAFETY CAMERA PROJECT (PHASE II -A)
AND FOR THE IMPLEMENTATION OF PHASE II-B (THE INTEGRATION
OF CITY HALL, FIRE DEPARTMENT AND LIBRARY). SUCH
EXPENDITURE TO BE FUNDED THROUGH ASSET FORFEITURE
FUNDS, ACCT. # 131-411-000-570. (Police)
ACTION: Adopted. See above.
TEMPORARY USE PERMITS 2006 (203-1-22)
17. Temporary Use Permit — Temporary Advertising balloon located at Ouchi's
Power Equipment at 225 W. 9th St. from November 22, 2006 to May 22,
2007 from 7 a.m. to 6:30 p.m. Monday through Saturday with no waiver of
fees. (Building & Safety)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2006 (203-1-22)
18. Temporary Use Permit — Tijuana Toy Run hosted by Sweetwater
Motorcycles on December 10, 2006 from 8 a.m. to 10 a.m. at 3201 Hoover
Ave. with no waiver of fees. (Building & Safety)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2006 (203-1-22)
19. Temporary Use Permit - Rooftop tent located at Sweetwater Motorcycles
at 3201 Hoover Ave. from November 22, 2006 to February 22, 2007 with
no waiver of fees. (Building & Safety)
ACTION: Approved. See above.
PLANNED DEVELOPMENT PERMIT ADMIN 2006 (414-1-21)
20. Notice of Decision - Planning Commission approval of a modification of a
Planned Development Permit to add 480 square feet to an Existing
Residence at 1939 S Lanoitan Avenue. (Applicant: Ricardo Perez) (Case
File M1-PD-2003-3) (Planning)
ACTION: Approved. See above.
Book 88/Page 206
11/21/06
WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21)
21. Warrant Register # 15 (Finance)
Ratification of Demands in the amount of $1,275,663.89
ACTION: Approved. See above.
WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21)
22. Warrant Register # 16 (Finance)
Ratification of Demands in the amount of $706,539.33
ACTION: Approved. See above.
WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21)
23. Warrant Register # 17 (Finance)
Ratification of Demands in the amount of $1,283,791.28
ACTION: Approved. See above.
WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21)
24. Warrant Register # 18 (Finance)
Ratification of Demands in the amount of $198,941.77
ACTION: Approved. See above.
PRESENTATIONS
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
1. Employee of the Month Program — Judy Wilkins, Administrative Secretary -
Fire Department
PUBLIC HEARINGS
SUBDIVISIONS / VARIANCES 2006 (415-1-2)
25. Public Hearing — Tentative Subdivision Map to create condominium
ownership of an existing industrial park at 1445-1645 Tidelands Avenue.
(Applicant: Christie Radder) (Case File No. S-2006-7) (Planning)
RECOMMENDATION: Approve the Tentative Subdivision Map.
TESTIMONY: Peter Quinn requested that the underground
condition be waived.
ACTION: Motion by Morrison, seconded by Parra to close the
hearing and send the item back to the Planning Commission.
Carried by the following vote, to -wit: Ayes: Inzunza, Morrison,
Natividad, Parra. Nays: None. Absent: Zarate. Abstain: None.
Motion by Morrison, seconded by Parra to reconsider the item.
Carried by the following vote, to -wit: Ayes: Inzunza, Morrison,
Natividad, Parra. Nays: None. Absent: Zarate. Abstain: None.
Book 88/Page 207
11/21/06
PUBLIC HEARINGS
SUBDIVISIONS / VARIANCES 2006 (415-1-2)
25. Public Hearing — Tentative Subdivision Map (continued)
ACTION: (continued) Motion by Morrison, seconded by Parra, to
approve the item and close the hearing. Carried by the following
vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays:
None. Absent: Zarate. Abstain: None.
SUBDIVISIONS / VARIANCES 2006 (415-1-2)
26. Public Hearing — Tentative Subdivision Map and Conditional Use Permit
for the conversion of ninety-six (96) apartment units to condominiums and
a Variance for reduced front yard setback at 2005-2025 F Avenue.
(Applicant: Chris Christensen for CondoConversions.com) (Case File No.
S-2006-9/CUP-2006-7/Z2006-5) (Planning)
RECOMMENDATION: Approve the Tentative Subdivision Map,
Conditional Use Permit and Variance.
TESTIMONY: Chris Christensen, the applicant, requested waiver
of undergrounding.
Lee Harvey, Bonita, spoke in favor of the conversion project.
ACTION: Motion by Parra, seconded by Morrison to close the
hearing and approve the Tentative Subdivision Map. Carried by the
following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra.
Nays: None. Absent: Zarate. Abstain: None.
ORDINANCE FOR INTRODUCTION
MUNICIPAL CODE 2006 (506-2-21)
27. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY REZONING CERTAIN PARCELS OF REAL PROPERTY
PURSUANT TO THE LAND USE CODE FROM PRIVATE
INSTITUTIONAL -PLANNED DEVELOPMENT (IP-PD) TO SENIOR
CITIZENS' HOUSING -PLANNED DEVELOPMENT (RM-3-PD) FOR AN
11.9 ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND
BETWEEN ARCADIA AVENUE AND BURDEN DRIVE" Applicant:
Generation Development, LCC Case File Nos. GP-2006-1/ZC-2006-1
(Planning)
RECOMMENDATION: Introduce the Ordinance.
TESTIMONY: An unnamed speaker responded to questions.
ACTION: The Ordinance was not introduced.
Motion by Natividad, seconded by Inzunza, to reconsider Items Nos.6, 7 and 27.
Carried by the following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra.
Nays: None. Absent: Zarate. Abstain: None.
Book 88/Page 208
11 /21 /06
Motion by Parra, seconded by Morrison, to continue Item Nos. 6, 7 and 27 for no
more than 90 days. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Natividad, Parra. Nays: None. Absent: Zarate. Abstain: None.
ORDINANCE FOR ADOPTION
MUNICIPAL CODE 2006 (506-2-21)
28. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING SECTION 2.01.020 W OF THE NATIONAL CITY
MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF THE CITY
MANAGER" (City Attorney)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Inzunza to adopt the
Ordinance. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Natividad, Parra. Nays: None. Absent: Zarate. Abstain:
None.
NEW BUSINESS
CONTRACT (C2005-52)
29. Approval of the Conceptual Design for a Bronze Art Sculpture at National
City's Main Fire Station #34. (Community Services)
RECOMMENDATION: Approve the Fire Station Art "Conceptual Design".
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Inzunza, to approve the
Conceptual Design for the fire Station Art. Carried by the following
vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays:
None. Absent: Zarate. Abstain: None.
CONTRACT (C2006-67)
30. Memorandum of Understanding for Multi -Disciplinary Anti -Trafficking Task
Force. (Police)
RECOMMENDATION: Approve the Memorandum of Understanding.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Inzunza to approve
the Memorandum of Understanding. Carried by the following vote,
to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None.
Absent: Zarate. Abstain: None.
Book 88/Page 209
11 /21 /06
CITY COUNCIL VACANCY (102-15-2)
31. SUBJECT: Requirement to Fill Vacancy on City Council.
RECOMMENDATION: Approve motion to advertise for applicants for
City Council vacancy. (City Attorney)
TESTIMONY: Alfonso Hernandez, National City, stated his belief
that any appointment should be based on qualifications.
Christina Judge, National City, stated the vacancy should be open
to all with no limitations.
Jacob Wright, National City, supports Alejandra Sotelo and believes
there should be no Limits or conditions.
Yanira Cervantes, National City, supports no limits on the
appointment.
ACTION: Motion by Morrison, seconded by Natividad, to begin
taking applications using the standard Boards and Commissions
Application and Resume; in addition applicants must complete SEI
and submit 20 valid voter signatures for nomination. Deadline to be
December 11, 2006. Interviews to be held December 12, 2006 and
possible appointment on December 19th. Carried by the following
vote, to -wit: Ayes: Morrison, Natividad, Parra. Nays: Inzunza.
Absent: Zarate. Abstain: None.
CITY COUNCIL ADMIN (102-16-1)
32. SUBJECT: Grant of Permission to Councilwoman Zarate to be absent
from City Council meetings. (City Attorney) '
RECOMMENDATION: Approve the Motion.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Morrison to approve
Councilwoman Zarate's request for absence from City Council
meetings. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Natividad, Parra. Nays: None. Absent: Zarate. Abstain:
None.
NC TRANSIT AUDIT / REPORTS (805-1-5)
33. SUBJECT: National City Transit Monthly Report for November, 2006.
(John P. Webster, Sr., Vice President -General Manager, National City
Transit)
RECOMMENDATION: File the report.
TESTIMONY: None.
ACTION: The report was filed.
Book 88/Page 210
11 /21 /06
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR Item No. 34 (Warrant), Item Nos. 35 through 38
(Resolution Nos. 2006-238 through 2006-241). ACTION: Motion by Parra,
seconded by Natividad to pull Item No. 37 and approve the remainder of the
Consent Calendar. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Natividad, Parra. Nays: None. Absent: Zarate. Abstain: None.
WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21)
34. Ratification of Expenditures of the Community Development Commission:
Expenditures for the period of 09/21/06 throughl0/03/06 of $1,998,959.
(Community Development/Finance)
ACTION: Approved. See above.
POLITICAL SUPPORT (102-4-1)
35. Resolution No. 2006-238: SUPPORTING CALIFORNIA LEGISLATIVE
EFFORTS RELATED TO BROWNFIELD DEVELOPMENT PROVIDING
INCREASED ENVIRONMENTAL PROTECTIONS BY INCREASING AND
IMPROVING COMMUNICATIONS BETWEEN REGULATORS AND
LOCAL GOVERNMENT. (Community Development Commission)
ACTION: Approved. See above.
AUDIT FINANCIAL REPORT FY 2004-2005 (208-1-19)
36. Resolution No. 2006-239: AUTHORIZING THE CHAIRMAN TO ACCEPT
AND FILE THE MORGAN SQUARE INDEPENDENT AUDIT REPORT
FOR YEAR ENDING DECEMBER 31, 2005 CONDUCTED BY
SONNENBERG & COMPANY, CPA'S DATED JULY 28, 2006.
(Community Development Commission)
ACTION: Approved. See above.
CONTRACT (C2006-68)
37. Resolution No. 2006-240: AUTHORIZING THE CHAIRMAN TO
EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT WITH SAN
DIEGO HABITAT FOR HUMANITY FOR 1820 G STREET (APN# 560-
233-06) AND 1441 HARDING AVENUE (APN# 559-085-08). (Community
Development Commission)
RECOMMENDATION: Continue the Item.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Morrison, to continue the
item. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Natividad, Parra. Nays: None. Absent: Zarate. Abstain:
None.
Book 88/Page 211
11 /21 /06
CONTRACT (C2006-69)
38. Resolution No. 2006-241: AUTHORIZING THE CHAIRMAN TO
EXECUTE AN AGREEMENT WITH THE LAW OFFICES OF DONALD W.
DETISCH FOR AS -NEEDED LEGAL SERVICES. (Community
Development Commission)
ACTION: Approved. See above.
PUBLIC HEARING
SPECIFIC PLAN — DOWNTOWN (417-1-9)
39. Public Hearing- Downtown Specific Plan Consistency Review for project,
'Lumina'. Location: 1105, 1121, 1123, 1125 National City Boulevard and
41 East 12th Street. APN: 556-554-16, -17, -18, -19, -20. (Applicant:
Constellation Property Group). (Case File No.: DSP-2006-6). (Community
Development Commission)
RECOMMENDATION: Approve the Downtown Specific Plan Consistency
Review.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Morrison, to approve the
Downtown Specific Plan Consistency Review. Carried by the
following vote, to -wit: Ayes: Inzunza, Morrison, Natividad, Parra.
Nays: None. Absent: Zarate. Abstain: None.
NON CONSENT RESOLUTIONS
SPECIFIC PLAN — DOWNTOWN (417-1-9)
40. Resolution No. 2006-242: APPROVING DOWNTOWN SPECIFIC PLAN
CONSISTENCY REVIEW FOR A MIXED -USE DEVELOPMENT
PROJECT, "LUMINA". LOCATED AT 1105, 1121, 1123 AND 1125
NATIONAL CITY BOULEVARD AND 41 EAST 12TH STREET. Applicant:
Constellation Property Group Case File No.: DSP-2006-6. (Community
Development Commission)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Inzunza to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Inzunza,
Morrison, Natividad, Parra. Nays: None. Absent: Zarate. Abstain:
None.
Book 88/Page 212
11 /21 /06
COMMUNITY DEVELOPMENT ADMIN 2000-2006 (406-2-9)
41. Resolution No. 2006-243: APPROVING A DESIGN CONCEPT PLAN BY
PLAM PLAZA ASSOCIATES, LLC, FOR DEVELOPMENT OF A 1.07-
ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (APN#
557-410-20) (Community Development Commission)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Inzunza, to continue the
Item to the December 19th meeting. Carried by the following vote,
to -wit: Ayes: Inzunza, Morrison, Natividad, Parra. Nays: None.
Absent: Zarate. Abstain: None.
CONTRACT (C2006-70)
42. Resolution No. 2006-244: APPROVING AN EXCLUSIVE NEGOTIATION
AGREEMENT WITH HOME DEPOT USA, INC. AND PACIFIC STEEL,
INC. AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE
AGREEMENT. (Community Development Commission)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Robert Leif, San Diego, gave a PowerPoint
presentation showing the advantages of doing a land swap with the
adjoining property and read a letter. (Copy on file in the Office of
the City Clerk.)
George Rey, Real Estate Manager for Home Depot, spoke in favor
and responded to questions.
John Ziebarth, representing Home Depot, made a presentation and
responded to questions.
Tony LoPresti, Environmental Health Coalition, spoke in opposition.
Refugio Roa, St. Anthony's Organizing Ministry, expressed
concerns about the proposal and the Toss of land for an industrial
park.
Ted Godshalk, National City, spoke in opposition
ACTION: Motion by Morrison, seconded by Natividad to adopt the
Resolution with the Industrial Park to be part of consideration.
Carried by the following vote, to -wit: Ayes: Inzunza, Morrison,
Natividad, Parra. Nays: None. Absent: Zarate. Abstain: None.
NEW BUSINESS
CDC OWNED LAND / SALE - PURCHASE — ACQUISITION (406-4-1)
43. SUBJECT: Report: CDC -Owned Parcel at 405 West 18th Street (APN#
550-063-04), National City, CA. ( Community Development Commission)
RECOMMENDATION: Accept and file the report.
TESTIMONY: None.
ACTION: The report was accepted and filed.
Book 88/Page 213
11 /21 /06
STAFF REPORTS — None.
CLOSED SESSION REPORTS (509-1-4)
City Attorney George Eiser provided the following report from the Special
Meeting of the City Council and Community Development Commission Closed
Sessions held in the Large Conference Room. See Agenda, Exhibit 'A',
attached.
The City Council authorized the initiation of litigation on one matter. The
identities of the action and the defendants will not be disclosed at this time, but
once litigation has formally commenced, will be disclosed to any person upon
inquiry, unless to do so would jeopardize the ability to conclude existing
settlement negotiations.
The parties in the matter of PG&T, Inc., and John Fornari v. City of National City,
Case No. GIS 24076 have come to a Mutual Settlement Agreement and Release
of Certain Claims, as articulated in that public document. The parties agreed to
resolve this writ action by agreeing to certain writ language compelling the
issuance of a business license to sell used cars and a DMV Property Use
Verification to sell used cars at the property and business located at 1807
National City Boulevard. The City agreed to waive its appeal rights to the trial
court decision, and the Petitioners agreed to waive any attorneys fees and costs
incurred in this writ action. This resolves case number GIS 24076.
MAYOR AND CITY COUNCIL
Student Representative Hernandez inquired about a liquor billboard near
Sweetwater High School and invited everyone to a school play.
Student Representative Batasin referred a problem near the bus stop at Fourth
Street and Highland Avenue.
Member Natividad requested an update on the list of street lights.
Member Morrison requested a report on county-wde sewer rates
ADJOURNMENT
The meeting was adjourned to the next Regular City Council and Community
Development Commission Meeting to be held Tuesday, December 5, 2006, at
the martin Luther King Jr. Community Center — 140 East 12th Street, National
City, California.
The meeting closed at 8:12 p.m.
Book 88/Page 214
11 /21 /06
The Foregoing minutes were approved at the Regular Meeting of December 5,
2006
Mayor 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"
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
CLOSED SESSIONS
LARGE CONFERENCE ROOM
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
TUESDAY — NOVEMBER 21, 2006 — 5:00 P.M.
ROLL CALL
CLOSED SESSIONS
Conference with Labor Negotiators — Government Code Section 54957.6
1) Agency Designated Representatives: HR Director Alfredo Lopez, Battalion Chief Condon
Employee Organization: Firefighters' Association
2) Agency Designated Representatives: HR Director Alfredo Lopez, Captain Leonard
Knight, Captain Manuel Rodriguez
Employee Organization: Police Officers' Association
Conference with Legal Counsel
Existing Litigation — Government Code Section 54956.9(a)
3) Community Development Commission v. Henschel Trust, San Diego Superior Court
Case No. GIC 860857
4) Community Development Commission v. Brock, San Diego Superior Court Case No. GIC
860858-1
5) Community Development Commission v. Kim San Diego Superior Court Case No. GIC
860859-1
6) People v. Yunc]-Chang Yeh, San Diego Superior Court Case No. GIS 26690
7) P.G. & T. v. City of National City, San Diego Superior Court Case No. GIS 24076
Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9 (c)
Three Potential Cases
ADJOURNMENT
Adjourn to the Regular City Council/Community Development Commission Meeting —
Tuesday — November 21, 2006 — 6:00 p.m. Council Chambers, Civic Center