HomeMy WebLinkAbout2007 08-21 CC CDC MINBook 89 / Page 195
08-21-2007
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY,
CALIFORNIA
August 21, 2007
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:09 p.m. by Mayor /
Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Natividad, Parra, Ungab.
Council / Commission members absent: Zarate.
Administrative Officials present: Babaki, Dalla, Deese, Eiser, Garcia, Juniel,
Ladrido, Lopez, Post, Raulston, Rodriguez, Smith, Stevenson.
Others present: Student Representatives Tanya Concha and Marcos Delgadillo.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Robert Dominguez, National City Christian Center, extended an Invitation to an
event to be held on August 26th, 2007, at the center honoring the student Council
representatives.
Frank Lopez, National City, announced that he would be leaving the National City
Alcohol, Tobacco and Other Drugs Organization (ATOD) for a position with South
Bay Community Services.
CITY COUNCIL
COUNCIL MEETING PRESENTATIONS 2007 (102-10-2)
Overview of Califomia Fire Fighter Joint Apprenticeship Committee (CFFJAC)
Program (Fire Department)
Fire Chief Rod Juniel highlighted the program and presented certificates to Fire
Captains Russell McGregor and Larry Silva, Fire Engineers Ernesto Diaz, and
Jeremy Day, Firefighters Thomas Butts, Paul Kane and Michael Christiansen and
Fighter / Paramedic Scott Robinson.
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
SUBJECT: August Employee of the Month — Lavonne Watts, City Manager's
Office.
ACTION: This item was continued to the next meeting.
Book 89 / Page 196
08-21-2007
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 1 (Minutes), Items 2 through
7 (Resolutions Nos. 2007-196 through 2007-201), Item No. 8 (Report), Item No.
9 (Resolution No. 2007-202), Item No. 10 (Report), Items No. 11 and 12 (Warrant
Registers). Motion by Natividad, seconded by Parra, to approve the Consent
Calendar. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra,
Ungab. Nays: None. Absent: Zarate. Abstain: None.
APPROVAL OF THE MINUTES
1. SUBJECT: Approval of the Minutes of the Adjourned Regular City
Council/Community Development Commission Meeting of June 19, 2007
and July 10, 2007. (City Clerk)
ACTION: Approved. See above.
CONTRACT (C2007-38)
2. Resolution No. 2007-196. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE
TO EXECUTE A HOLD HARMLESS AGREEMENT WITH THE
PEPPERBALL TECHNOLOGIES, INC. WHO HAS OFFERED TO LOAN
THE POLICE DEPARTMENT VARIOUS PEPPERBALL DEVICES AND
AMMUNITION ON A TRIAL BASIS. (City Attorney)
ACTION: Adopted. See above.
GRANT / FIRE DEPT (206-4-13)
3. Resolution No. 2007-197. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF
$41,556 FROM THE FY07 ASSISTANCE TO FIRE FIGHTERS GRANT
AND AUTHORIZING FUNDS IN THE AMOUNT OF $10,388 FOR THE
NATIONAL CITY FIRE DEPARTMENT TO JOIN THE SAN DIEGO FIRE
FIGHTERS REGIONAL WELLNESS PROGRAM. (Fire)
ACTION: Adopted. See above.
COVENANT RUNNING WITH THE LAND 2007 (903-8-10)
4. Resolution No. 2007-198. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A DEFERRAL OF THE
REQUIREMENTS OF SECTION 13.22.060 OF THE MUNICIPAL CODE,
AND APPROVING A COVENANT RUNNING WITH THE LAND TO
PROPERTY OWNER AT 1931 A AVENUE. (Engineering)
ACTION: Adopted. See above.
Book 89 / Page 197
08-21-2007
CONSENT CALENDAR (cont.)
SUBDIVISIONS / VARIANCES 2007 (415-1-3)
5. Resolution No. 2007-199. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A TENTATIVE
SUBDIVISION MAP TO DIVIDE ONE 28,272 SQUARE -FOOT
PROPERTY INTO FIVE INDIVIDUAL LOTS (FOUR CONTAINING
SINGLE-FAMILY RESIDENCES AND ONE DUPLEX) WITH
EXCEPTIONS FOR REDUCED LOT WIDTH/STREET FRONTAGE AND
LOT SIZE AT 940 EAST 16TH STREET. (Applicant: Janice Martinelli)
(Case File No. 2007-15 S) (Planning)
ACTION: Adopted. See above.
CONTRACT (C2007-39)
6. Resolution No. 2007-200. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT ON A REIMBURSABLE BASIS NOT TO EXCEED $30,000
FOR A FREE EXPO AND CONCERT TO BE HELD AT PEPPER PARK
ON PORT PROPERTY. (Community Services)
ACTION: Adopted. See above.
FINANCE — SPENDING LIMITS (204-2-3)
7. Resolution No. 2007-201. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT
FACTORS AND ESTABLISHING THE ANNUAL APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2007-2008. (Finance)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2007 (204-1-22)
8. SUBJECT: Report — Investment Quarterly Reports for 3rd Quarter Ending
March 31, 2007 and 4th Quarter Ending June 30, 2007 (Finance)
ACTION: Filed. See above.
COUNCIL POLICY MANUAL (102-13-1)
9. Resolution No. 2007-202. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY
NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY
(Finance)
ACTION: Adopted. See above.
Book 891 Page 198
08-21-2007
CONSENT CALENDAR (cont.)
FINANCIAL MANAGEMENT 2007 (204-1-22)
10. SUBJECT: Report — National City Sales Tax Update — First Quarter 2007
(Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22)
11. WARRANT REGISTER # 3 (Finance)
Ratification of Demands in the amount of $1,424,502.39
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22)
12. WARRANT REGISTER # 4 (Finance)
Ratification of Demands in the amount of $130,728.51
ACTION: Ratified. See above.
PUBLIC HEARING
SUBDIVISIONS / VARIANCES 2007 (415-1-3)
CONDITIONAL USE PERMITS (403-22-1)
13. Public Hearing — Tentative Subdivision Map and Conditional Use Permit
for 22 Residential Condominium Units with Exceptions for Less Than
Required Setbacks and Building Separation on an Approximately One
Acre Vacant Site Bordered by East 8t' Street and Harbison Avenue
(Applicant: Joseph Bendah, for Nationwide Enterprise, Inc.) (Case File
No. 2007-24S, CUP) (Planning)
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission to approve the Tentative Subdivision Map and Conditional
Use Permit.
TESTIMONY: Joseph Bendah, the applicant, spoke in support.
Maras Swed, project architect, spoke in support.
City Clerk Dalla reported receiving one written protest from Jerry
Smith. Copy on file in the Office of the City Clerk.
ACTION: Motion by Natividad, seconded by Ungab, to approve the
Tentative Subdivision Map and the Conditional Use Permit with all
findings and conditions. Carried by the following vote, to -wit. Ayes:
Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate.
Abstain: None.
Book 89 / Page 199
08-21-2007
ORDINANCE FOR INTRODUCTION
MUNICIPAL CODE 2007 (506-2-22)
14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 1 OF THE MUNICIPAL CODE BY AMENDING
CHAPTER 1.08 PERTAINING TO OFFICIAL CITY NAMES, SEALS,
LOGOS, INSIGNIAS, AND BADGES. (City Attorney)
NEW BUSINESS
ENGINEERING DEPT— GRANTS / REPORTS ADMIN (1104-1-1)
15. SUBJECT: Report — Project Status Report — Safe Routes to School
Program (Engineering). Copy on file in the Office of the City Clerk.
RECOMMENDATION: Provide comments before going to bid for
construction of the project.
TESTIMONY: None.
ACTION: No action was taken.
CONDITIONAL USE PERMITS 2007 (403-22-1)
16. Notice of Decision — Conditional Use Permit for a Recycling Facility at the
Save -A -Lot Shopping Center at 925/931 Harbison Avenue. (Applicant:
Vic Cacho Aguilar) (Case File 2007-32 CUP) (Planning)
RECOMMENDATION: Staff concurs with the Planning Commission and
recommends that the Notice of Decision be filed.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Natividad, to file the Notice
of Decision. Carried by the following vote, to -wit. Ayes: Morrison,
Natividad, Parra, Ungab. Nays: None, Absent: Zarate. Abstain:
None.
CONDITIONAL USE PERMITS 2007 (403-22-1)
17. Notice of Decision — Planning Commission Approval of a Conditional Use
Permit Application for Beer and Wine Sales at an Existing Restaurant at
1903 Highland Avenue (Applicant: Imperial Fish & Seafood, Inc.) (Case
File 2007-36 CUP) (Planning)
RECOMMENDATION: Staff concurs with the Planning Commission and
recommends that the Notice of Decision be filed.
TESTIMONY: Sean Toma and Edward Barbati, representing the
applicant, spoke in support.
Frank Lopez, representing National City ATOD, was neutral.
ACTION: Motion by Parra, seconded by Ungab, to file the Notice of
Decision. Carried by the following vote, to -wit. Ayes: Morrison,
Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain:
None.
Book 89 / Page 200
08-21-2007
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2007 (203-1-23)
18. SUBJECT: Temporary Use Permit — Pinery Christmas Trees Pumpkin
Station from September 29, 2007 to October 31, 2007 (10 a.m. to 9 p.m.
daily) at Plaza Bonita Mall adjacent to Sweetwater Rd. and Ring Rd. in
parking lot # 7. (Building & Safety)
RECOMMENDATION: Approve the Application for a Temporary Use
Permit subject to compliance with all conditions of approval with no waiver
of fees.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Ungab, to approve the
Temporary Use Permit with corrections requested at specific
location. Carried by the following vote, to -wit. Ayes: Morrison,
Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain:
None.
TEMPORARY USE PERMITS 2007 (203-1-23)
19. SUBJECT: Temporary Use Permit — Girl Scouts San Diego's Girl Jam at
Kimball Park on November 10, 2007 from 1 p.m. to 4 p.m. (Building &
Safety)
RECOMMENDATION: Approve the Application for a Temporary Use
Permit subject to compliance with all conditions of approval.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Ungab, to approve the
Temporary Use Permit. Carried by the following vote, to -wit. Ayes:
Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate.
Abstain: None.
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
20. SUBJECT: Request by the National City Chamber of Commerce to use
the MLK Community Center for Taste of National City on September 27,
2007. (Community Services)
RECOMMENDATION: Approve the request.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Ungab, to approve the
Request. Carried by the following vote, to -wit. Ayes: Morrison,
Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain:
None.
Book 89 / Page 201
08-21-2007
NEW BUSINESS (cont.)
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
21. SUBJECT: Request by the National City Collaborative to use the MLK
Community Center for a Kinship Event on October 20, 2007. (Community
Services)
RECOMMENDATION: Approve the request for use with no waiver of fees.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Parra, to approve the
Request. Carried by the following vote, to -wit. Ayes: Morrison,
Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain:
None.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Items 22 through 25 (Resolutions Nos.
2007-203 through 2007-206), Item No. 26 (Report), Item No. 27 (Warrant
Register). Motion by Parra, seconded by Ungab, to approve the Consent
Calendar. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra,
Ungab. Nays: None. Absent: Zarate. Abstain: None.
FINANCE - INVESTMENTS / POLICY (204-2-1)
22. Resolution No. 2007-203. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING THE COMMUNITY DEVELOPMENT COMMISSION'S
INVESTMENT POLICY (Community Development Commission/Finance
Department)
ACTION: Adopted. See above.
COMMUNITY DEVELOPMENT ADMIN 2007-2010 (406-2-12)
23. Resolution No. 2007-204. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT
PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2007, AND
AUTHORIZING THE SUBMITTAL OF THE SEMAP TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Section 8
Rental Assistance Division)
ACTION: Adopted. See above.
Book 89 / Page 202
08-21-2007
CONSENT CALENDAR (cont.)
CONTRACT (C2006-54)
24. Resolution No. 2007-205. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT
BETWEEN FRANK MOTORS, INC. AND THE COMMUNITY
DEVELOPMENT COMMISSION (CDC) OF NATIONAL CITY FOR REAL
PROPERTY LOCATED AT 922 WEST 23RD STREET IN NATIONAL
CITY, CA, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAID
AGREEMENT. (Redevelopment Division)
ACTION: Adopted. See above.
CONTRACT (C2007-40)
25. Resolution No. 2007-206. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING AN AGREEMENT WITH OVERLAND PACIFIC & CUTLER,
INC. (OPC) TO PROVIDE RELOCATION CONSULTANT SERVICES
FOR THE COVE AT SAN DIEGO BAY PROJECT, A RESIDENTIAL AND
COMMERCIAL MIXED USE PROJECT LOCATED ON ONE CITY BLOCK
BOUND BY NATIONAL CITY BOULEVARD, ROOSEVELT AVENUE,
AND 11TH AND 12TH STREETS IN NATIONAL CITY, AND AUTHORIZING
THE CHAIRMAN TO EXECUTE SAID AGREEMENT IN THE NOT TO
EXCEED AMOUNT OF $38,000. (Redevelopment Division)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2007 (204-1-22)
26. SUBJECT: Report — Investment Quarterly Reports for 3`d Quarter ending
March 31, 2007, and 4th Quarter Ending June 30, 2007 (Community
Development Commission/Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22)
27. Warrant Register for the period of 07/20/07 through 08/02/07 (Community
Development Commission/Finance)
ACTION: Ratified. See above.
Book 89 / Page 203
08-21-2007
NEW BUSINESS
REDEV NATIONAL CITY REDEV PROJECT (411-1-10)
28. SUBJECT: A request from staff for direction to proceed with negotiations
for an Exclusive Negotiating Agreement with Bonita Financial Corporation
for an industrial park on Cleveland Avenue properties (Redevelopment
Division)
RECOMMENDATION: Provide direction as to whether staff should bring
forward an Exclusive Negotiating Agreement with Bonita Financial
Corporation for consideration.
TESTIMONY: Robert Dyer, representing the applicant, spoke in
support.
Toni LoPresti, representing the Environmental Health Coalition,
spoke in support.
ACTION: Motion by Parra, seconded by Ungab, to have staff
proceed with the Exclusive Negotiating Agreement and retum
within 180 days. Carried by the following vote, to -wit. Ayes:
Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate.
Abstain: None.
STAFF REPORTS
FIRE DEPT ADMIN (305-1-1)
Fire Chief Roderick Juniel — Fire Department Quarterly Report (Fire Department)
Copy on file in the Office of the City Clerk.
TESTIMONY: Fire Chief Juniel highlighted the recent fuel tanker fire and
the exemplary response efforts by National City fire, police and other staff
personnel. Chief Juniel also reported that National City Fire Fighters
collected more money for the Muscular Dystrophy drive than the Chula
Vista Fire Fighters and that, as a result, the Chula Vista Fire Fighters
would be washing the National City fire trucks.
CLOSED SESSION REPORT (509-1-4)
City Council / CDC Attomey George Eiser stated that there was nothing to report
from the Special Meeting Closed Session held at 5:00 p.m. (See attached
Exhibit 'L')
MAYOR AND CITY COUNCIL
None.
Book 89 / Page 204
08-21-2007
ADJOURNMENT
ACTION: Motion by Ungab, seconded by Parra, to adjourn the meeting to the
next Regular City Council and Community Development Commission Meeting to
be held Tuesday, September 4, 2007 at 6:00 p.m., Council Chamber, Civic
Center. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra,
Ungab. Nays: None. Absent: Zarate. Abstain: None.
The meeting closed at 8:15 p.m.
Ci Clerk / ReNco ding Secretary
The foregoing minutes were approved at the Regular Meeting of November 6,
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 `L'
AGENDA OF A SPECIAL MEETING
Community Development Commission of the City of National City
National City City Council
City Council Chambers, Civic Center
1243 National City Boulevard, National City, California
Tuesday — August 21, 2007 — 5:00 P.M.
OPEN TO THE PUBLIC
COMMUNITY DEVELOPMENT COMMISSION
BUSINESS
Real Property Negotiations: CDC -owned parcels at Valley Road and Plaza
Bonita Center Way (A.P.N. 564-310-03, 564-290-71, 564-290-74)
CLOSED SESSION
1. CONFERENCE WITH PROPERTY NEGOTIATOR —
Govemment Code Section 54956.8
Property: CDC -owned parcels at Valley Road and Plaza Bonita
Center Way (A.P.N. 564-310-03, 564-290-71, 564-290-74)
Agency Negotiators: Brad Raulston, Pat Beard
Negotiating Parties: CYMA
Under Negotiation: Price and Terms of Payment
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGTION
Significant exposure to litigation pursuant to Government Code Section
54956.9 (b)
Two potential cases
CITY COUNCIL
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9 (b)
Two potential cases
NOTE: Pursuant to State Law, items requiring Council action must be brought back on a
subsequent Council agenda unless they are of a demonstrated emergency or urgent
nature.
ADJOURNMENT
Next Regular City Council and Community Development Commission Meeting Tuesday
— August 21, 2007 - 6:00 p.m. — Council Chambers, Civic Center