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HomeMy WebLinkAbout2007 05-15 CC CDC MINBook 89 / Page 104 05-15-2007 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA May 15, 2007 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:05 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Natividad, Parra, Ungab, Zarate. Administrative Officials present: Beard, Dalla, Daneshfar, Deese, Eiser, Garcia, Juniel, Limfueco, Lopez, Post, Rodriguez, Smith, Stevenson, Zapata. Others present: City Treasurer George Hood and Student Representatives Roseanita Hernandez and Maria Batasin. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS — None. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) EMPLOYEE OF THE MONTH PROGRAM 1. SUBJECT: Mercedes Manalo, Payroll Technician — May 2007 CLOSED SESSION REPORT (509-1-4) City Council / CDC Attorney George Eiser stated that there was nothing to report from the Special Meeting Closed Session held at 5:00 p.m. (See Attached Exhibit 'A') CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (Minutes), Item No. 3 (NCMC), Items 4 through 14 (Resolutions Nos. 2007-94 through 2007-104), Item No. 15 (Time Extension Request), Items 16 and 17 (Warrant Registers) and Item No. 18 (Report). Motion by Natividad, seconded by Zarate, to approve the Consent Calendar with revision to Item No. 4. Carried by unanimous vote. Book 89 / Page 105 05-15-2007 CONSENT CALENDAR (continued) APPROVAL OF THE MINUTES 2. SUBJECT: Approval of the minutes of the Adjourned Regular City Council/Community Development Commission of February 28, 2007 and Regular City Council/Community Development Commission meeting of April 17, 2007. (City Clerk) ACTION: Approved. See above. MUNICIPAL CODE 2007 (506-2-22) 3. SUBJECT: APPROVAL OF A MOTION TO WAIVE READING OF THE TEXT OF THE 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. SUBDIVISIONS / VARIANCES 2007 (415-1-3) 4. Resolution No. 2007-94. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT, AND RECORD PACIFIC VIEW CONDOMINIUMS SUBDIVISION MAP LOCATED AT DIVISION STREET AND FIG COURT. (S-2004-16, PD-2004-05) (Engineering) ACTION: Adopted with revision. See above. ENCROACHMENT AGREEMENT ADMIN (903-14-1) 5. Resolution No. 2007-95. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH YOUNG FAMILY TRUST FOR THE INSTALLATION AND MAINTENANCE OF TWO IRRIGATION BACKFLOW PREVENTERS IN THE CITY RESERVED RIGHT-OF-WAY ADJACENT TO 2240 CLEVELAND AVENUE. (Engineering) ACTION: Adopted. See above. CONTRACT (C2006-49) 6. Resolution No. 2007-96. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE FORMER NATIONAL CITY LIBRARY REMODEL FOR THE PMA/ILWU PROJECT. (Engineering) ACTION: Adopted. See above. Book 89 / Page 106 05-15-2007 CONSENT CALENDAR (continued) CONDITIONAL USE PERMITS 2007 (403-22-1) 7. Resolution No. 2007-97. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A PROPOSED 5-UNIT APARTMENT COMPLEX AT THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND DIVISION STREET WITH EXCEPTIONS FOR LESS THAN REQUIRED SIDE AND REAR YARD SETBACKS. (Applicant: Ricardo Perez) (Case File CUP- 2006-12) (Planning) ACTION: Adopted. See above. SUBDIVISIONS / VARIANCES 2007 (415-1-3) 8. Resolution No. 2007-98. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 1.41-ACRE LOT INTO TEN AT THE SITE OF TEN EXISTING DUPLEXES AT 1205-1243 FIG COURT AND DENYING THE REQUEST TO WAIVE THE UTILITY UNDERGROUNDING REQUIREMENT. (Applicant: Robert Gulotta) (Case File No. S-2006-12) (Planning) ACTION: Adopted. See above. CONTRACT (C89-12) 9. Resolution No. 2007-99. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO AGREEMENTS WITH TOM MOYNAHAN TOWING COMPANY AND WITH JC TOWING FOR TOWING AND IMPOUND SERVICES FOR THE CITY. (Police) ACTION: Adopted. See above. CONTRACT (C2003-21) 10. Resolution No. 2007-100. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J IN THE AMOUNT OF $43,915 TO PROVIDE SEWER BILL/TAX ROLL ADMINISTRATION AND FINANCIAL SERVICES FOR FISCAL YEAR 2007-08. (Sewer Service Fee funded) (Public Works) ACTION: Adopted. See above. Book 89 / Page 107 05-15-2007 CONSENT CALENDAR (continued) FINANCIAL MANAGEMENT 2007 (204-1-22) 11. Resolution No. 2007-101. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY. (Finance) ACTION: Adopted. See above. HISTORICAL SITES LIST ADMIN (405-10-1) 12. Resolution No. 2007-102. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING A RESIDENCE AT 2824 L AVENUE TO THE CITY'S HISTORIC SITES LIST (2007-25 HL). (Planning) ACTION: Adopted. See above. CONTRACT (C98-20) CONTRACT (C2006-38) 13. Resolution No. 2007-103. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING MBIA MUNISERVICES COMPANY AND HINDERLITER DELLAMAS AND ASSOCIATES AS AUTHORIZED CITY REPRESENTATIVES TO EXAMINE THE CITY'S TRANSACTIONS AND USE TAX (DISTRICT SALES TAX) RECORDS. (City Manager/Finance) ACTION: Adopted. See above. COUNCIL POLICY MANUAL (102-13-1) 14. Resolution No. 2007-104. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY #804 IN REGARDS TO CITY SUPPORT FOR SPECIAL EVENTS. (Community Services) ACTION: Adopted. See above. SUBDIVISIONS / VARIANCES 2007 (415-1-3) CONDITIONAL USE PERMITS 2007 (403-22-1) 15. SUBJECT: Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue. (Applicant: Augie Bareno for ABCO Consultants) (Case File No. 2007-29 T.E.) (Planning) ACTION: Approved. See above. Book 89 / Page 108 05-15-2007 CONSENT CALENDAR (continued) WARRANT REGISTER JULY 2006 — JUNE 2007 (202-1-21) 16. WARRANT REGISTER # 40 (Finance) Ratification of Demands in the amount of $1,336,901.16. ACTION: Ratified. See above. WARRANT REGISTER JULY 2006 — JUNE 2007 (202-1-21) 17. WARRANT REGISTER # 41 (Finance) Ratification of Demands in the amount of $919,511.88. ACTION: Ratified. See above. NEIGHBORHOOD COUNCIL REPORT 2007 (102-18-1) 18. SUBJECT: Neighborhood Council Monthly Report for April 2007. (Community Services) ACTION: Filed. See above. PUBLIC HEARING PLANNED DEVELOPMENT PERMIT ADMIN 2007 (414-1-22) 19. Public Hearing — Planned Development Permit to construct a single-family residence on a 12,200 square foot lot containing an existing residence at 2901 Leonard Street. (Applicant: Roy Di Stefano) (Case File No. PD- 2006-4, APN 564-071-09) (Planning) RECOMMENDATION: Staff recommends a continuance for a period of 60 days to allow the applicant an opportunity to redesign the project. TESTIMONY: Roy Stefano, the applicant, and his designer, Mr. Montoya, spoke in favor of the application and against a continuance. ACTION: Motion by Natividad, seconded by Zarate, to continue the hearing for 30 days. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Zarate. Nays: Parra, Ungab. Absent: None. Abstain: None. ORDINANCE FOR ADOPTION MUNICIPAL CODE 2007 (506-2-22) 20. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESCRIBING THE PREVIOUSLY APPROVED PROGRAM OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. (City Attorney) RECOMMENDATION: Adopt the Ordinance. Book 89 / Page 109 05-15-2007 MUNICIPAL CODE 2007 (506-2-22) 20. AN ORDINANCE OF THE CITY COUNCIL (continued) TESTIMONY: Tony Bedford, San Diego, spoke against the Ordinance. Robert Leif, San Diego, spoke against the Ordinance. ACTION: Motion by Parra, seconded by Natividad, to adopt the Ordinance. Carried by unanimous vote. MUNICIPAL CODE 2007 (506-2-22) 21. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.21 BY ADDING SECTIONS 10.21.010 — 10.21.050 TO THE MUNICIPAL CODE PROHIBITING THE RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS. (Fire) RECOMMENDATION: Adopt the Ordinance. ACTION: Motion by Natividad, seconded by Zarate, to adopt the Ordinance. Carried by unanimous vote. NEW BUSINESS CITY ACQUISITION / PROPERTY ADMIN (1001-1-6) 22. SUBJECT: Proposal for the relocation of the Small Business Development and International Trade Center (SBDITC) to the Southwestern College Higher Education Center in National City. (City Manager) RECOMMENDATION: Staff supports relocating the SBDITC to the Southwestem College Higher Education Center in National City. Staff recommends the City Council consider adding the stipulation that National City retain the authority to approve any future use of the space should the SBDITC relocate or cease its operations at the Education Center. TESTIMONY: Colleen Alarcon, Executive Director of the Chamber of Commerce, spoke in favor. Mr. Victor Castillo, SBDITC Director, made a presentation in support of the proposal. ACTION: Motion by Parra, seconded by Zarate, to approve the proposal with the understanding that when no longer used by SBDITC site will revert back to commercial. Carried by unanimous vote. Book 89 / Page 110 05-15-2007 NEW BUSINESS (cont.) 82ND AIRBORNE ASSOCIATION ADMIN (109-9-1) 23. SUBJECT: Request to use the Kimball Senior Center and to serve alcoholic beverages by the 82nd Airborne Association for an Annual Memorial Day Dinner. (Community Services) RECOMMENDATION: Approve the request for use. TESTIMONY: Mr. Galvan and an un-named speaker, representing the applicant spoke in favor and responded to questions. ACTION: Motion by Parra, seconded by Natividad, to approve request with a requirement that there paid security. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab. Nays: Morrison, Zarate. Absent: None. Abstain: None. SUBDIVISIONS / VARIANCES 2007 (415-1-3) PLANNED DEVELOPMENT PERMIT ADMIN 2007 (414-1-22) 24. SUBJECT: Review of a proposed project change for substantial conformance with an approved Tentative Subdivision Map and Planned Development Permit 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. (Case File No. 2007-28 Sub.Conf.) (Applicant: Generations Construction LLC) (Planning) RECOMMENDATION: That the City Council find that the proposal is in substantial conformance with S-2006-2/PD-2006-1. ACTION: Motion by Parra, seconded by Zarate, to approve proposed project change. Carried by the following vote, to -wit. Ayes: Morrison, Parra, Ungab, Zarate. Nays: Natividad. Absent: None. Abstain: None. TEMPORARY USE PERMITS 2007 (203-1-23) 25. SUBJECT: Temporary Use Permit — Revised dates for Philippine Fair & Parade at Kimball Park on June 9, 2007 from 8 a.m. to 6 p.m. Stage set- up has been changed to June 8, 2007. (Building & Safety) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval including use of the City Stage. ACTION: Motion by Parra, seconded by Natividad, to approve the Temporary Use Permit. Carried by unanimous vote. Book 89 / Page 111 05-15-2007 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 26 (Warrant Register), Item No. 27 (Contract). Motion by Natividad, seconded by Parra, to approve 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 04/20/07 through 05/03/07 of $768,487.11. (Community Development Commission/Finance) ACTION: Ratified. See above. CONTRACT (C2006-54) 27. Resolution No. 2007-105. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN FRANK MOTORS, INCORPORATED AND THE COMMUNITY DEVELOPMENT COMMISSION (CDC) OF NATIONAL CITY FOR REAL PROPERTY LOCATED AT 922 WEST 23RD STREET IN NATIONAL CITY, CALIFORNIA AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAID AGREEMENT. (Community Development Commission) ACTION: Adopted. See above. NON CONSENT RESOLUTION CONTRACT (C2007-14) 28. Resolution No. 2007-106. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH CHRISTMAS IN JULY, NATIONAL CITY IN THE NOT TO EXCEED AMOUNT OF $100,000 TO PROVIDE REHABILITATION SERVICES TO LOW-INCOME HOMEOWNERS IN NATIONAL CITY FOR FISCAL YEAR 2006-07. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. ACTION: Motion by Parra, seconded by Natividad, to adopt the Resolution. Carried by unanimous votes. Book 89 / Page 112 05-15-2007 STAFF REPORTS Redevelopment Project Manager Pat Beard, reported that the City has been awarded a Brownfield's Grant of $200,000 for the west side. City Manager Chris Zapata announced that City Engineer Steve Kirkpatrick has accepted the position of Public Works Director/City Engineer for the City of Lemon Grove. Public Works Director Joe Smith reported that the City has received a $300,000 grant to replace off -road city construction equipment that conforms to mandatory emission standards. MAYOR AND CITY COUNCIL MAYOR ADMIN (AGENDA ITEMS) (102-14-2) 29. SUBJECT: Water Issues Update — Information Item. (Mayor) 30. SUBJECT: Discussion of "Get -Acquainted" event for members of the National City, Coronado, Imperial Beach and Chula Vista City Councils. (Council initiated) ACTION: Motion by Natividad, seconded by Zarate, to have staff work with the Mayor and contact other cities. Carried by unanimous vote. Student Representative Hernandez inquired about the possibility of having a bus pass provided on an on -going basis. Council Member Natividad referenced a letter from the School district regarding use of facilities and also reminded everyone about the Memorial Day event planned for May 24th. Vice Mayor Parra extended an invitation for people to participate in the Christmas in July Golf Tournament and reminded everyone about the Chili & Salsa Event at the Library on May 19t. Mayor Morrison reminded everyone about the volunteer clean-up effort at City Hall on June 1st and 2nd. Mayor Morrison announced that he just became a grandfather for the first time. Book 89 / Page 113 05-15-2007 ADJOURNMENT ACTION: Motion by Zarate, seconded by Ungab, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission Budget Workshop to be held Tuesday, May 29, 2007 at 6:00 p.m., Large Conference Room, Civic Center. Carried by unanimous vote. The next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, June 5, 2007 at 6:00 p.m., Council Chamber, Civic Center. The meeting closed at 7:50 p.m. yCitlerk / Recording Secretary The foregoing minutes were approved at the Regular Meeting of June 19, 2007. Mayor / CDC Chairman TAPE RECORDINGS OF EACH CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE. EXHIBIT 'A' EXHIBIT `A' EXHIBIT 'A' Agenda of a Special Meeting National City City Council/Community Development Commission Large Conference Room Civic Center 1243 National City Boulevard Special Meeting - Tuesday — May 15, 2007 - 5:00 P.M. ROLL CALL CLOSED SESSION COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) Community Development Commission v. Young Sook Kim, et al. SDSC Case No. G1C860859-1 Community Development Commission v. Paul R Brock, et al. SDSC Case No. G1C868858-1 Community Development Commission v. Antonia E. Martin, et al. SDSC Case No. GIC860857-1 CITY COUNCIL 1 CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representatives: Stacy Stevenson, Roger Post, Walter Amedee, Manuel Rodriguez, Joe Smith, Minh Duong, Claudia Silva, Steve Berliner Employee Organization: Municipal Employees' Association 2. CONFERENCE. WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9 (a) Frisbie v. City of National City Police Department San Diego Superior Court Case No. GIS 17492 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LrriGATION Government Code Section 54956.9 (a) Claim of John D. Dauz ADJOURNMENT Next Regular City Council/CDC Meeting — Tuesday, May 15, 2007 - 6:00 p.m. - Council Chambers, Civic Center.