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Home My WebLink About2007 07-12 CC CDC ADJ MINBook 89 / Page 165 07-12-2007 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA July 12, 2007 The Adjoumed Regular Meeting of the City Council and Community Development Commission of National City was called to order at 5:03 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Natividad, Ungab. Council / Commission members absent: Parra, Zarate. Administrative Officials present: Babaki, Dalla, Deese, Eiser, Juniel, Ladrido, Post, Raulston, Smith, Zapata. Others present: Student Representative Marcos Delgadillo. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Suzanne Leif, San Diego, read a prepared statement regarding eminent domain and an exclusive negotiating agreement for her property at 1720 Cleveland Avenue. Copy on file in the Office of the City Clerk. CITY COUNCIL MUNICIPAL CODE 2007 (506-2-22) 1. 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) RECOMMENDATION: To approve. ACTION: Motion by Natividad, seconded by Ungab, to approve. Carried by unanimous vote. Book 89 / Page 166 07-12-2007 2007 AMENDMENT TO REDEV PLAN (411-2-3) 2. Resolution No. 2007-166. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE COMMUNITY DEVELOPMENT COMMISSION'S WRITTEN RESPONSES TO WRITTEN OBJECTIONS ON THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Senior Assistant City Attorney Claudia Silva read the following statement into the record: "You have before you tonight Written Responses to Objections. These have been prepared in accordance with Health & Safety Code § 33363. We would like to note, however, that the procedures for plan amendments do not require that written responses to objections be prepared. The plan amendment requirements are found at H&S Code §§ 33450-33458. These procedural requirements govern amendments and contain fewer procedural requirements than those required for an original plan adoption. None the less, in an abundance of caution and consistent with this City's policy of transparency in its governance, written responses have been prepared. These written responses comply with the requirements under H&S Code § 33363 and are legally sufficient. By providing these written responses, we specifically do not waive our position that written responses are not required under the law." Susanne Leif, San Diego, spoke in opposition. ACTION: Motion by Natividad, seconded by Ungab, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Morrison Natividad, Ungab. Nays: None. Absent: Parra, Zarate. Abstain: None. COMMUNITY DEVELOPMENT COMMISSION 2007 AMENDMENT TO REDEV PLAN (411-2-3) 3. Resolution No. 2007-167. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. Book 89 / Page 167 07-12-2007 2007 AMENDMENT TO REDEV PLAN (411-2-3) 3. Resolution No. 2007-167 (continued). TESTIMONY: Robert Lief, San Diego, spoke in opposition and distributed written comments. Copy on file in the Office of the City Clerk. Sherm Harmer, representing National City Partners, spoke in support. Jim Beauchamp, National City Partners, spike in support. Victor Nunez, representing the CYAC, spoke in opposition and passed out written materials. Copy on file in the Office of the City Clerk. Clemente Casillas, CYAC, spoke in opposition. ACTION: Motion by Natividad, seconded by Ungab, to adopt the Resolution with some modification to the language dealing with the duration of eminent domain authority. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Ungab. Nays: None. Absent: Parra, Zarate. Abstain: None. A recess was called at 5:54 p.m. The meeting reconvened at 5:56 p.m. Members present: Morrison, Natividad, Ungab. Members Absent: Parra, Zarate. ACTION: City / CDC Attorney Eiser proposed the following additional language be added as a new last paragraph to Resolution 2007-167: "Be it further resolved that after careful consideration, the Community Development Commission recommends to the City Council that the CDC's eminent domain authority under the Redevelopment Plan be extended until July 17, 2017". Motion by Natividad, seconded by Ungab, to accept the proposed additional language. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Ungab. Nays: None. Absent: Parra, Zarate. Abstain: None. CITY COUNCIL ORDINANCE FOR INTRODUCTION MUNICIPAL CODE 2007 (506-2-22) 4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ("CITY COUNCIL") APPROVING THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT ("2007 AMENDMENT") (Community Development Commission) Book 89 / Page 168 07-12-2007 ORDINANCE FOR INTRODUCTION (cont.) MUNICIPAL CODE 2007 (506-2-22) 4. An Ordinance of the City Council (continued). RECOMMENDATION: CDC Attorney Eiser introduced the following language which he asked be approved and included in the first reading of the Ordinance. Paragraph 2 of the Ordinance should read: "Whereas, the Community Development Commission of the City of National City ("CDC") has requested that the City Council consider the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") to extend eminent domain authority to acquire vacant property, and commercial and industrial zoned properties currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"), as a last resort, to July 17, 2017. Section 5 of the Ordinance should read: "A full and fair noticed public hearing having been held on the 2007 Amendment on June 19, 2007, and the City Council having considered all evidence and testimony for and against the adoption of the 2007 Amendment and all written and oral objections thereto, and the City Council having adopted written responses to the written objections received from any affected taxing agency or property owner before or at the noticed public hearing of June 19, 2007, and this City Council being fully advised in the premises, all written and oral objections to the 2007 Amendment to the extent not otherwise addressed in the Redevelopment Plan or not otherwise responded to are hereby overruled, and the 2007 Amendment to the National City Redevelopment Project is hereby approved, as recommended by the CDC in Resolution No. 2007-167. TESTIMONY: Ted Godshalk, National City, inquired about the time required between the first and second reading of an Ordinance and asked if there were any ex parte disclosures to be made by the Board members. ACTION: Chairman Morrison disclosed that he had ex parte contacts with representatives of CYAC, and Jim Beauchamp and Sherm Harmer from National City Partners. Motion by Natividad, seconded by Ungab, to include the recommended language in the introduction of the Ordinance for first reading. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Ungab. Nays: None. Absent: Pan -a, Zarate. Abstain: None. STAFF REPORTS No Report. Book 89 / Page 169 07-12-2007 MAYOR AND CITY COUNCIL Student Representative Marcos Degadillo expressed his views on the opponents of eminent domain. ADJOURNMENT ACTION: Motion by Natividad, seconded by Ungab, to adjourn the meeting to the next Regular City Council and Community Development Commission Meeting to be held Tuesday, July 17, 2007 at 6:00 p.m., Council Chamber, Civic Center. The meeting closed at 6:03 p.m. Ci Clerk / ec rding Secretary The foregoing minutes were approved at the Regular Meeting of September 18, 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.