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HomeMy WebLinkAbout2007 09-18 CC CDC MINBook 891 Page 215 09-18-2007 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA September 18, 2007 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:04 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, Baker, Dalla, Deese, Eiser, Garcia, Juniel, Ladrido, Post, Raulston, Rodriguez, Smith, Stevenson, Zapata. Others present: City Treasurer George Hood and Student Representatives Tanya Concha and Marcos Delgadillo. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Susanne Leif, San Diego, inquired about an Exclusive Negotiation Agreement letter for the Home Depot project. CITY COUNCIL PRESENTATION PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. SUBJECT: September 2007 Employee of the Month — Fire Engineer Benjamin Garcia. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (Minutes), Item No. 3 (Resolution 2007-220), Items No. 4 and 5 (Warrant Registers). Motion by Ungab, 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. Book 89 / Page 216 09-18-2007 CONSENT CALENDAR (cont.) APPROVAL OF MINUTES 2. SUBJECT: Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of July 12, 2007. (City Clerk) ACTION: Approved. See above. CONTRACT (C2007-45) 3. Resolution No. 2007-220. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING INC. IN THE AMOUNT OF $200,000 IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. (Funding will be through Sewer Service Funds). (Engineering) ACTION: Adopted. See above. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 4. WARRANT REGISTER # 7 (Finance) Ratification of Demands in the amount of $1,577,054.39. ACTION: Ratified. See above. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 5. WARRANT REGISTER # 8 (Finance) Ratification of Demands in the amount of $1,672,995.85. ACTION: Ratified. See above. NON CONSENT RESOLUTION CONTRACT (C2007-44) CELLULAR RADIO / TEL FACILITIES ADMIN — WIRELESS COMM. (908-1-3) 6. Resolution No. 2007-221. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH CRICKET COMMUNICATIONS INC, TO LEASE A PORTION OF THE LOUIS J. CAMACHO GYMNASIUM FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT CABINET AND CERTAIN ANTENNA FACILITIES. (Engineering) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Staff report by City Engineer Babaki. Book 89 / Page 217 09-18-2007 NON CONSENT RESOLUTION (cont.) CONTRACT (C2007-44) CELLULAR RADIO / TEL FACILITIES ADMIN — WIRELESS COMM. (908-1-3) 6. Resolution No. 2007-221 (continued). ACTION: Motion by Parra, seconded by Morrison, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. NEW BUSINESS SPECIFIC PLAN — DOWNTOWN (417-1-9) 7. SUBJECT: Request to initiate an Amendment of the Downtown Specific Plan regarding the calculation of floor area ratio and dimensions of parking spaces. (Applicant: City initiated) (Case File No. 2007-26 SP) (Planning) RECOMMENDATION: Staff recommends that the City Council initiate the Amendment of the Downtown Specific Plan. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Natividad, to initiate an Amendment. 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) 8. SUBJECT: Temporary Use Permit — Dia de la Mujer Latina Festival hosted by San Diego MANA on October 13, 2007 from 10 a.m to 5 p.m. at Kimball Park. (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 Parra, seconded by Natividad, to approve staffs recommendation. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. Book 89 / Page 218 09-18-2007 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 9 (Resolution No. 2007-221), Item No. 10 (Warrant Register) were taken -up separately. LOANS ADMIN (206-3-1) 9. Resolution No. 2007-222. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE COMMUNITY BENEFIT LOAN (CBL) PROGRAM PROVIDING FOR UP TO $15,000 IN A FORGIVABLE LOAN PER ELIGIBLE BUSINESS FOR BUSINESS IMPROVEMENT PROJECTS WITHIN THE REDEVELOPMENT AREA OF NATIONAL CITY. (Economic Development Division) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Staff report by Jacqueline Reynoso. Kelly Goodnight, representing San Diego State University, distributed written materials and spoke in favor. Copy on file in the Office of the City Clerk. Emerson Andrews, Emerson's School of Martial Arts, spoke in favor. Paul Robinson, Copy Post Printers, spoke in favor. ACTION: Motion by Parra, seconded by Natividad, to approve staffs recommendation. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 10. Warrant Register for the period of 08/17/07 through 08/30/07 in the amount of $2,950,114.20. (Community Development Commission/Finance) RECOMMENDATION: Ratify the warrant register. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve staffs recommendation. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. Book 89 / Page 219 09-18-2007 NON CONSENT RESOLUTIONS SCHOOL ADMIN (704-1-1) 11. Resolution No. 2007-223. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE STUDENT COMMUNITY DEVELOPMENT PILOT PROJECT FOR THE 2007-2008 ACADEMIC SCHOOL YEAR AT SWEETWATER HIGH SCHOOL. (Economic Development Division) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Staff report by Jacqueline Reynoso. ACTION: Motion by Ungab, seconded by Natividad, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. CONTRACT (C2007-46) 12. Resolution No. 2007-224. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT WITH AARB LLC, BEAUCHAMP FAMILY TRUST, THE HENSCHEL TRUST, THE ESTATE OF ARTHUR 0 HENSCHEL JR., JAMES L HENSCHEL, ARTHUR O. HENSCHEL III, AND CHARLENE BENNETT RELATED TO ENVIRONMENTAL COSTS, EMINENT DOMAIN ACTION BY THE COMMUNITY DEVELOPMENT COMMISSION AND CLAIMS FOR ENVIRONMENTAL COSTS UNDER THE POLANCO REDEVELOPMENT ACT FOR THE PARK VILLAGE PROJECT. (Redevelopment Division) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. CONTRACT (C2007-32) 13. Resolution No. 2007-225. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH MARINA GATEWAY DEVELOPMENT COMPANY, LLC, AND TO EXECUTE A GRANT OF EASEMENT OVER COMMUNITY DEVELOPMENT COMMISSION OWNED LAND FOR THE BENEFIT OF MARINA GATEWAY DEVELOPMENT COMPANY, LLC TO FACILITATE THE MARINA GATEWAY REDEVELOPMENT PROJECT. (City Attorney) Book 89 / Page 220 09-18-2007 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2007-32) 13. Resolution No. 2007-225 (continued). RECOMMENDATION: Adopt the Resolution. TESTIMONY: Staff Report by CDC Attomey Eiser. Attomey Eiser distributed copies of the Eighth Amendment to the Disposition and Development Agreement. Copy on file in the Office of the City Clerk. Robert Leif, San Diego, offered comments about emailing notices. Ted Godshalk, National City, asked questions of staff. Ivar Leetma, representing the developer, responded to questions. ACTION: Motion by Parra, seconded by Natividad, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. NEW BUSINESS COMMUNITY DEVELOPMENT BUSINESS IMPROVEMENT DISTRICT — GENERAL (406-2-10) 14. SUBJECT: Report to City Council regarding a status update on the Highland Avenue Community Benefit District (CBD) and objectives of the Highland Avenue Business Association (HABA). (Economic Development Division) RECOMMENDATION: Accept and file the Report. TESTIMONY: Lee Harvey, National City, spoke in support of the HABA. Joel San Juan, National City, spoke in support of the HABA ACTION: Motion by Natividad, seconded by Ungab, to accept and file the Report. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. STAFF REPORTS Assistant City Manager Leslie Deese welcomed Assistant Police Chief Manuel Rodriguez back from 10 weeks at the FBI National Academy. CDC Executive Director Brad Raulston reported that efforts are underway to respond to questions raised about modifying the redevelopment boundary. Mr. Raulston also recognized Xavier Del Valle, CDC Senior Project Manager who will be leaving for the City of San Diego. Book 891 Page 221 09-18-2007 STAFF REPORTS (cont.) City Manager Chris Zapata reported on the recent management retreat and thanked HR Director Stacey Stevenson for her efforts putting it together. HR Director Stacey Stevenson informed the Council that would be receiving regular reports on employee changes and vacancies. MAYOR AND CITY COUNCIL Vice Mayor Parra reminded everyone about the Chamber Breakfast. Council Member Ungab said consideration should be given to the possibly of having Halloween costume contest. Mayor Morrison presented the City Manager with a check from the Regional Solid Waste Authority (RSWA) for $14,484. CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Govemment Code 54956.9 (c) One Potential Case The closed session will immediately follow the 6:00 p.m. open session. ACTION: Motion by Parra, seconded by Natividad, to ao into Closed Session. Carried by the following vote, to wit. Ayes: Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Zarate. Abstain: None. Members retired into Closed Session at 7:30 p.m. The meeting reconvened at 7:45 p.m. All members were present CLOSED SESSION REPORT (509-1-4) City Attorney George Eiser reported that at the Closed Session the City Council authorized the City of National City to intervene in pending litigation being referred to as the "Prisoner Release Litigation" and that other interveners include the California Police Chiefs Association. Book 89 / Page 222 09-18-2007 ADJOURNMENT The meeting was adjourned to the Next Regular City Council and Community Development Commission Meeting to be held Tuesday, October 2, 2007 at 6:00 p.m., Council Chamber, Civic Center. The meeting closed at 7:47 p.m. jt a lerk / Reco Ci ding Secretary The foregoing minutes were approved at the Regular Meeting of October 2, 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.