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HomeMy WebLinkAbout2006 10-03 CC CDC MINBook 88/Page 178 10/3/06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA October 3, 2006 The Regular Meeting of the City Council and Community Development Commission of the City of National City was called to order at 6:04 p.m. by Mayor / Chairman Nick Inzunza. ROLL CALL Council / Commission members present: Inzunza, Morrison, Natividad, Parra, Zarate. Administrative Officials present: Beard, Dalla, Daneshfar, Deese, Eiser, Garcia, Gonzales, Juniel, Limfueco, Post, Smith, Zapata. Others Present: Student Representatives Roseanita Hemandez. PUBLIC ORAL COMMUNICATION Mr. Bert Andrade, National City, informed the Council that the Pilipino American Community of National City is back and in the process of formally reorganizing. Bill Goulet, National City, requested public disclosure of the cost incurred by the City during the two weekends of demonstrations regarding the Sanctuary Proclamatation. Mr. Goulet asked the Council to weigh in on the issue. Louise Martin, National City, said she was distressed by the Saturday demonstrations and thanked the police and fire departments for their responses to emergency calls she made recently. Sunshine Horton, El Cajon, read a letter into the record (copy on file in the Office of the City Clerk 102-10-1)) and expressed opposition to sanctuary for immigrants CONSENT CALENDAR Item No. 1 (Approval of the Minutes), Item No. 2 (NCMC), Item Nos. 3 through 8 (Resolution Nos. 2006-203 — 2006-208), Item No. 9 (Report), Item No. 10 and 11 (Warrants), and Item Nos. 12 and13 (Notice of Decision). Motion by Parra, seconded by Natividad to approve the Consent Calendar. Carried by unanimous vote. APROVAL OF THE MINUTES 1. Approval of the Minutes of the Regular City Council/Community Development Commission meeting of August 22, 2006. ACTION: Approved. See above. ti Book 88/Page 179 10/3/06 NCMC (506-2-21) 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. CONTRACT (C2005-53) 3. Resolution No. 2006-203: APPROVING CHANGE ORDER NO. TWO WITH MJC CONSTRUCTION TO EXCLUDE THE ADDITIVE ALTERNATIVES A4 AND A5 (CENTRAL BOARDWALK AND CONNECTIONS) FROM THE ORIGINAL CONTRACT AND ADD NORTH/SOUTH (NEW ALIGNMENT) BOARDWALK BASED ON TIME AND MATERIAL (T&M) METHOD WITH NO CHANGE IN THE COST FOR THE PARADISE CREEK EDUCATIONAL PARK PROJECT. (Engineering) ACTION: Adopted. See above. CONTRACT (C2004-4) 4. Resolution No. 2006-204: APPROVING CHANGE ORDER NUMBER 16 WITH JAYNES CORPORATION IN THE COMBINED TOTAL AMOUNT OF $105,284 FOR VARIOUS ADDITIONS AND UPGRADES TO THE NATIONAL CITY LIBRARY USING THE REMAINING STATE BOND FUNDS AND AUTHORIZING THE CITY ENGINNER TO SIGN THE CHANGE ORDER. (Engineering) ACTION: Adopted. See above. CONTRACT (C2004-4) 5. Resolution No. 2006-205: ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE LIBRARY PROJECT. (Engineering) ACTION: Adopted. See above. SUBDIVISIONS / VARIANCES 2006 (415-1-2) 6. Resolution No. 2006-206: APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF ONE 23,917 SQUARE FOOT PROPERTY INTO LOTS AT 1821 AND 1827 "C" AVENUE. (Applicant: Ziba Ghaziaskari) (Case File No.: 2-2006-14) (Planning) ACTION: Adopted. See above. CONTRACT (C2006-47) 7. Resolution No. 2006-207: AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE TO LEASE SPACE FOR ONE AMBULANCE AND TWO AMERICAN MEDICAL RESPONSE Book 88/Page 180 10/3/06 7. Resolution No. 2006-207: (continued) PARAMEDICS AT STATION #34 FOR $23,580 ANNUALLY PER THIS LEASE AGREEMENT. (Fire) ACTION: Adopted. See above. CONTRACT (C2002-25) 8. Resolution No. 2006-208: AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE WITH SPRINT PCS ASSETS, LLC FOR A PORTION OF SWEETWATER HEIGHTS PARK, IN ORDER TO ACCOMMODATE CHANGES IN THE EQUIPMENT LOCATED ON THE LEASED PRMISES. (City Attorney) ACTION: Adopted. See above. POLICE DEPARTMENT ADMIN (302-4-1) 9. City Council and National City Police Department response to the chief Presiding Judge regarding Grand Jury recommendations on felony warrants. (Police/City Attorney) ACTION: Approved. See above. WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21) 10. WARRANT REGISTER # 10. Ratification of Demands in the Amount of $138, 879.53 ACTION: Approved. See above. WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21) 11. WARRANT REGISTER # 11. Ratification of Demands in the Amount of $1,387,365.25 ACTION: Approved. See above. VARIANCES 2006 (409-1-41) 12. Notice of Decision — Variance for less than required parking, an additional overhead door, and a reduced setback for the overhead doors at 2101 Hoover Avenue. Applicant: Cecilia Kirk for Christmas in July. (Case File No. Z-2006-4) ACTION: Approved. See above. SUBDIVISIONS / VARIANCES 2006 (415-1-2) CONDITIONAL USE PERMIT (403-21-1) 13. Notice of Decision — Tentative Parcel Map and Conditional Use Permit for three condominium units on an 8,388 square foot parcel, exceptions for guest parking and setbacks at 1340 E. 8th Street. (Applicant: Triumph Development, LLC) (Case File No. LS-2006-3/CUP-2006-8) (Planning) ACTION: Approved. See above. Book 88/Page 181 10/3/06 PUBLIC HEARING SUBDIVISIONS / VARIANCES 2006 (415-1-2) 14. Public Hearing — Tentative Subdivision Map for Revolution 1 Condominiums located at 1105, 1121, &1123 National City Boulevard. APN: 556-554-18,-19, & -20. Applicant: Constellation Property Group LP. (Case File No.: S-2006-11) (Community Development Commission) RECOMMENDATION: Approve the Tentative Subdivision Map. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate to close the hearing. Carried by unanimous vote. ORDINANCE FOR ADOPTION MUNICIPAL CODE 2006 (506-2-21) 15. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.48 TO THE NATIONAL CITY MUNICIPAL CODE MANDATING REPONSIBLE BEVERAGE SERVICE TRAINING FOR SELLERS AND SERVERS OF ALCOHOLIC BEVERAGES AT ON -SALE LICENSED ESTABLISHMENTS RECOMMENDATION: Adopt the Ordinance. TESTIMONY: Frank Lopez, National City, spoke in favor but suggested that off -sale establishments and an enforcement component be added. Charissa McAfee, representing Mothers Against Drunk Drivers (MADD) spoke in support of a more comprehensive Ordinance. Maria Garcia, National City, spoke in support of a more comprehensive Ordinance. Guille Coronado, National City, spoke in support of the Ordinance but wants it to apply to liquor stores and markets. ACTION: Motion by Parra, seconded by Zarate to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Zarate. Nays: Inzunza. Absent: None. Abstain: None. NON CONSENT RESOLUTION SUBDIVISIONS / VARIANCES 2006 (415-1-2) 16. Resolution No. 2006 -209: APPROVING THE TENTATIVE SUBDIVISION MAP FOR REVOLUTION 1 CONDOMINIUMS LOCATED AT 1105, 1121, & 1123 NATIONAL CITY BOULEVARD. APN: 556-554-18, -19, & -20. Applicant: Constellation Property Group LP. (Case file No.: S-2006-11) (Community Development Commission) RECOMMENDATION: Approve the Tentative Subdivision Map. TESTIMONY: None. Book 88/Page 182 10/3/06 16. Resolution No. 2006-209: (continued) ACTION: Motion by Natividad, seconded by Morrison to adopt the Resolution. Carried by unanimous vote. COUNCIL POLICY MANUAL (102-13-1) 17. Resolution No. 2006 -210: ADOPTING CITY COUNCIL POLICY #804 ON "CITY SUPPORT FOR SPECIAL EVENTS" (Community Services) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Staff report by Leslie Deese. ACTION: Motion by Natividad, seconded by Inzunza to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2005-53) 18. Resolution No. 2006 -211: APPROVING CHANGE ORDER NUMBER THREE WITH MJC CONSTRUCTION FOR THE INSTALLATION OF THE EAST/WEST (NEW ALIGNMENT) BOARDWALK IN THE AMOUNT OF $268,000 (LUMP SUM) AND TRANSFERRING FUNDS FROM PARK DEVELOPMENT IMPACT FEES UNDESIGNATED BALANCE AND THE PARK AND RECREATION CAPITAL OUTLAY TO THE PROJECT EXPENDITURE ACCOUNT FOR THE PARADISE CREEK EDUCATION PARK PROJECT. (Engineering) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Ted Godshalk, National City, questioned the logic of using the same contractor. ACTION: Motion by Zarate, seconded by lnzunza to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2006-48) 19. Resolution No. 2006 — 212: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CONSTELLATION PROPERTY GROUP, LP FOR THE PAYMENT OF $70,000 TO THE CITY FOR THE COST OF TENANT IMPROVEMENTS TO THE VACANT NATIONAL CITY PUBLIC LIBRARY LOCATED AT 31 EAST 12TH STREET TO ACCOMMODATE THE RELOCATION OF THE INTERNATIONAL LONGSHORE AND WAREHOUSE UNION LOCAL NO. 29 OFFICES. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison to adopt the Resolution. Carried by unanimous vote. Book 88/Page 183 10/3/06 CONTRACT (C2006-49) 20. Resolution No. 2006 — 213: APPROVING A LEASE WITH THE SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE FOR USE OF THE WESTERN PORTION OF THE FORMER NATIONAL CITY LIBRARY BUILDING (200 EAST 12TH STREET) FOR OFFICE USE AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None ACTION: Motion by Natividad, seconded by Inzunza to adopt the Resolution. Carried by Unanimous vote. NEW BUSINESS Motion by Natividad, seconded by Inzunza to approve Item Nos. 21 through 24 (Temporary Use Permits) and Item 25 (Request for use of Community Center). Carried by unanimous vote. TEMPORARY USE PERMITS 2006 (203-1-22) 21. Temporary Use Permit — Modular Trailers/ Canopies located on Cornerstone Church of San Diego at 1920 Sweetwater Road from October 4, 2006 to March 3, 2007 with no waiver of fees. RECOMMENDATION: Approve the application with no waiver of fees. TESTIMONY: None. ACTION: Approved. See above. TEMPORARY USE PERMITS 2006 (203-1-22) 22. Temporary Use Permit — National City Public Safety Fair hosted by the Community Service Department on October 7, 2006 at Kimball Park. (Building & Safety) RECOMMENDATION: Approve the application with no waiver of fees. TESTIMONY: None. ACTION: Approved. See above. TEMPORARY USE PERMITS 2006 (203-1-22) 23. Temporary Use Permit — Fabulous 50's event hosted by the Sweetwater Crossings Merchants Association on October 28, 2006 from 11:00 a.m. to 3:00 p.m. at the Sweetwater Crossings Shopping Center with no waiver of fees. RECOMMENDATION: Approve the application with no waiver of fees. TESTIMONY: None. ACTION: Approved. See above. Book 88/Page 184 10/3/06 TEMPORARY USE PERMITS 2006 (203-1-22) 24. Temporary Use Permit — Lunch with Santa hosted by the Sweetwater Crossing Merchants Association on December 9, 2006 at Sweetwater Crossings Shopping Center from 11:00 a.m. to 2:00 p.m. with no waiver of fees RECOMMENDATION: Approve the application with no waiver of fees. TESTIMONY: None. ACTION: Approved. See above. MARTIN LUTHER KING COMMUNITY CENTER (1101-5-1) 25. Request to use the Martin Luther King Jr. Community Center by the National City Chamber of Commerce for their annual "Salute to Navy Luncheon" on Wednesday, October 11, 2006. (Community Services) RECOMMENDATION: Approve the use of the Community Center as a co -sponsored event. TESTIMONY: None ACTION: Approved. See above. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR Item No. 26 (Warrants), Item Nos. 27 through 31 (Resolution Nos. 2006-214 through 2006-218) Motion by Parra, seconded by Natividad, to pull Item 31 and approve the remainder of the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2006 - JUNE 2007 (202-1-21) 26. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 09/06/06 through 09/20/06 of $777,885. (Community Development Commission/Finance). ACTION: Approved. See Above. ACTION: Approved. See above. CONTRACT (C2006-20) 27. Resolution No. 2006-214: AUTHORIZING THE CHAIRMAN TO EXECUTE AGREEMENTS WITH FALKENBERG/GILLAM & ASSOCIATES FOR THE MANAGEMENT OF MORGAN AND KIMBALL TOWERS ON A MONTH -TO -MONTH BASIS. (City Attorney) ACTION: Adopted. See above. Book 88/Page 185 10/3/06 CONTRACT (C2006-50) 28. Resolution No. 2006-215: AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND ILDIFONSO CARRILLO AND RENE GUZMAN, OWNERS OF CHICANO PERK AND AUTHORIZING THE EXPENDITURE OF $50,000 FROM REDEVELOPMENT FUNDS FOR THE IMPROVEMENTS TO CHICANO PERK AT 616 NATIONAL CITY BOULEVARD. (Community Development Commission) ACTION: Adopted. See above. CONTRACT (2006-51) 29. Resolution No. 2006-216: AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND MIKE AND CHRIS DALL, OWNERS OF FOODLAND, AND AUTHORIZING THE EXPENDITURE OF $347,326 FROM REDEVELOPMENT FUNDS FOR THE IMPROVEMENTS TO FOODLAND MARKET LOCATED AT 303 HIGHLAND AVENUE. (Community Development Commission) ACTION: Adopted. See above. CONTRACT (2006-52) 30. Resolution No. 2006-217: AWARDING A CONTRACT TO HEALY CONSTRUCTION CO. IN THE AMOUNT (BASE BID) OF $290,326 FOR THE FA9ADE IMPROVEMENTS TO FOODLAND MARKET ON 303 HIGHLAND AVENUE AS PART OF THE COMMUNITY DEVELOPMENT FACADE IMPROVEMENTS PROGRAM AND WAIVING A STANDARD PROVISION (MINIMUM FIFTY PERCENT PERFORMANCE BY CONTRACTOR), FUNDED THROUGH THE COMMUNITY DEVELOPMENT COMMISSION. (Community Development Commission) ACTION: Adopted. See above. CONTRACT (C2006-53) 31. Resolution No. 2006-218: APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH CONSTELLATION PROPERTY GROUP ("A" AVENUE) LP, AND APPROVING AN OPTION AGREEMENT WITH CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) PERTAINING TO THE CENTRO AND R-2 PROJECTS. (Community Development Commission) REDOMMENDATION: Continue the item as requested by the applicant. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison to continue the item. Carried by unanimous vote. Book 88/Page 186 10/3/06 PUBLIC HEARINGS CITY -OWNED LAND / LEASE (1001-1-2) 32. Public Hearing — A lease with Frank Motors Incorporated to use the southern portion of the National City Train Depot parking lot (922 West 23rd Street) for vehicle storage as a short time use. (Community Development Commission) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad to close the hearing. Carried by unanimous vote. SPECIFIC PLAN — DOWNTOWN (417-1-9) 33. Public Hearing — Downtown Specific Plan Consistency Review, an amended plan for 'Harbor View Condominiums'. Location: 404 E. 8"' Street, 419 E. 9"' Street; 829 D Avenue, and 831 D Avenue. APN: 556- 493-01, -02, -03, -04, -05. (Applicant: Harbor View Condo Project LLC) (Case file NO.: DSP — 2006-5_ (Community Development Commission) RECOMMENDATION: Approve the Downtown Specific Plan Review. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza to close the hearing. Carried by unanimous vote. NON CONSENT RESOLUTION CONTRACT (C2006-54) 34. Resolution No. 2006-219: APPROVING A LEASE WITH FRANK MOTORS INCORPORATED TO USE THE SOUTHERN PORTION OF THE NATIONAL CITY TRAIN DEPOT PARKING LOT (922 WEST 23RD STREET) FOR VEHICLE STORAGE AS A SHORT-TERM USE AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE LEASE. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad to adopt the Resolution. Carried by unanimous vote. SPECIFIC PLAN — DOWNTOWN (417-1-9) 35. Resolution No. 2006-220: DOWNTOWN SPECIFIC PLAN CONSITENCY REVIEW FOR 'HARBOR VIEW CONDOMINIUMS'. LOCATION: 404 E. 8TH ATREET, 419 E. 9TH STREET, 829 D AVENUE, AND 831 D AVENUE. APN: 556-493-01, -02, -03, -04, -05. (Applicant: Harbor View Condo Project LLC) (Case File No.: DSP-2006-5) (Community Development Commission) RECOMMENDATION: Approve the Plan. Book 88/Page 187 10/3106 SPECIFIC PLAN — DOWNTOWN (417-1-9) 35. Resolution No. 2006-220: (continued) TESTIMONY: None. ACTION: Motion by Natividad, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. STAFF Police Chief Gonzales presented pennies collected by students in support of Proposition D. Human Resources Director Lopez reported on vandalism at the old Library building. MAYOR AND CITY COUNCIL Student Representative Hernandez referred a red curb problem at 8th Street and 'I' Avenue. Member Natividad requested a report on the Highland Avenue fish market project; referenced a break-in at the Las Palmas ball park snack bar and requested the City Manager look into closing the park street and the possibility of building a new snack bar. Council member Natividad mentioned the opening of a new restaurant and bakery. Member Parra expressed concems about bringing Business Improvement Districts into the fold and wants a comprehensive traffic safety program so people can see results from Prop D funds. Mayor Inzunza expressed condolences to Vice Mayor Morrison, on behalf of the entire City Council and Staff, for the Toss of his son, Joshua Morrison. Vice Mayor Morrison expressed gratitude for the outpouring of support he and his family received during a very hard week and a half. Member Zarate thanked the Parks staff and Leslie Deese for assisting some senior citizens with problems that she asked them to look into. CLOSED SESSIONS Conference with legal counsel — Anticipated Litigation Initiation of Litigation Pursuant to Govemment Code Section 54956.9 (c) One Potential Case. The Mayor and Council retumed to the chamber at 7:40 The closed session report was read by the City Attomey Approved initiation of litigation. Book 88/Page 188 10/3/06 CLOSED SESSIONS (continued) ACTION: Motion by Parra, seconded by Inzunza to go into closed session. Carried by unanimous vote. The Mayor and Council retired into Closed Session at 7:31 p.m. The Mayor and Council retumed to the Chamber at 7:40 p.m. CLOSED SESSION REPORT City Attorney George Eiser reported that the City Council took action in Closed Session to initiate litigation. ADJOURNMENT The meeting was adjoumed in memory of Josh Morrison. The meeting was adjoumed to the Next Regular City Council and Community Development Commission Meeting to be held Tuesday, October 17, 2006 at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 7:41 p.m. The forgoing minutes were approved a the Regular Meeting of November 21, 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.