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HomeMy WebLinkAbout2007 10-02 CC CDC MINBook 89 / Page 223 10-02-2007 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA October 2, 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 Vice Mayor / Vice Chairman Frank Parra. ROLL CALL Council / Commission members present: Natividad, Parra, Ungab, Zarate. Council / Commission members absent: Morrison. Administrative Officials present: Babaki, Baker, Della, Deese, Eiser, Garcia, Juniel, Limfueco, Post, Raulston, Rodriguez, Smith, Zapata. PLEDGE OF ALLEGIANCE TO THE FLAG BY VICE MAYOR FRANK PARRA PUBLIC ORAL COMMUNICATIONS Walter Carreno, National City, requested that consideration be given to spending more money in El Toyon Park and resurfacing the tennis courts. PRESENTATION COUNCIL MEETING PRESENTATIONS 2007 (102-10-2) 1. SUBJECT: Presentation of the Community Development Commission of National City to the City Council on the proposed branding program for the City of National City. (Economic Development) OFF AGENDA ITEM SUBJECT: Request to add an Off -Agenda Item requesting use of the Martin Luther King Community Center by the National City Chamber of Commerce for the Annual "Salute to the Navy Luncheon" on Wednesday, October 10, 2007. ACTION: Motion by Zarate, seconded by Ungab, to bring the item onto the Agenda as Item No. 15a. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. CITY COUNCIL CONSENT CALENDAR Book 89 / Page 224 10-02-2007 ADOPTION OF CONSENT CALENDAR. Item No. 2 (Minutes), Items 3 through 8 (Resolutions Nos. 2007-226 through 2007-231), Items No. 9 and 10 (Warrant Registers). ACTION: Motion by Natividad, seconded by Ungab, to pull Items 2, 4 and 6 and approve the remainder of the Consent Calendar. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. APPROVAL OF MINUTES 2. SUBJECT: Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of July 17, 2007 and September 18, 2007. (City Clerk) ACTION: Motion by Natividad, seconded by Parra, to approve the Minutes. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab. Nays: None. Absent: Morrison. Abstain: Zarate. CONTRACT (D2007-6) 3. Resolution No. 2007-226. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD A SUBDIVISION MAP WITH STREET EASEMENT DEDICATION LOCATED AT HARBISON AVENUE AND 16TH STREET. (S-2004-11, CUP-2004-21) (Engineering) ACTION: Adopted. See above. STREET SIGNS ADMIN (903-12-1) 4. Resolution No. 2007-227. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF 25 MPH SPEED LIMIT SIGNS ON N AVENUE, NORTH OF E. 30TH STREET. (M. Avila, TSC Item No. 2007- 35) (Engineering) ACTION: Motion by Natividad, seconded by Ungab, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Natividad, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: Parra. Note: Vice Mayor Parra disclosed that he abstained because his personal residence is in the immediate neighborhood. Book 89 / Page 225 10-02-2007 CONSENT CALENDAR (cont.) STREET MAINTENANCE / ADMIN (903-3-1) 5. Resolution No. 2007-228. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE RESTRIPPING FOR THE INTERSECTION OF VALLEY ROAD AND BONITA VISTA MOBILE HOME PARK DRIVEWAY TO INCLUDE A 40-FOOT NORTHBOUND LEFT -TURN LANE, WIDENING OF THE EXISTING KEEP CLEAR AREA, AND SIGNING IMPROVEMENTS. (N. Morgan, TSC Item No. 2007-34) (Engineering) ACTION: Adopted. See above. STREET MAINTENANCE / ADMIN (903-3-1) PARKING ADMIN 2007 (801-2-27) 6. Resolution No. 2007-229. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE RESTRIPING FOR THE NORTHBOUND APPROACH OF EUCLID AVENUE AT E. 14TH STREET TO INCLUDE A 75-FOOT LEFT - TURN LANE, AND INSTALLATION OF RED CURB "NO PARKING" ON THE EAST SIDE OF EUCLID AVENUE. (Council Initiated, TSC Item No. 2007-32) (Engineering) ACTION: Motion by Ungab, seconded by Zarate, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: Natividad. Note: Council Member Natividad disclosed that he abstained because his personal residence is in the immediate neighborhood. CONTRACT (C2005-70) 7. Resolution No. 2007-230. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CONTRACT CHANGE ORDER NUMBER TWO IN THE AMOUNT OF $27,650 RESULTING IN A FINAL CONTRACT AMOUNT OF $1,254,762, ACCEPTING THE WORK FROM PORTILLO CONCRETE, INC. AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE HIGHLAND AVENUE MEDIANS IMPROVEMENTS (PHASE I) FROM 8TH TO 16TH STREETS. (Funding for this project is provided by Community Development Commission). (Engineering) ACTION: Adopted. See above. Book 89 / Page 226 10-02-2007 CONSENT CALENDAR (cont.) GRANT / FIRE DEPT (206-4-13) 8. Resolution No. 2007-231. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING AUTHORIZED AGENTS (FIRE CHIEF RODERICK JUNIEL, BATTALION CHIEF DONALD CONDON AND HOMELAND SECURITY MANAGER WALTER AMEDEE) FOR THE PURPOSE OF OBTAINING FEDERAL FINANCIAL ASSISTANCE AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT FOR COST RECOVERY FOR THE 2003 FIRESTORMS. (Fire) ACTION: Adopted. See above. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 9. Warrant Register #9 for the period of 8/22/07 through 8/28/07 in the amount of $1,230,438.68. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 10. Warrant Register #10 for the period of 8/29/07 through 9/04/07 in the amount of $241,528.81. (Finance) ACTION: Ratified. See above. PUBLIC HEARING SPECIFIC PLAN ADMIN (417-1-1) 11. Continued Public Hearing and Proposed Finding of No Significant Environmental Effect for an Amendment to an existing Specific Plan (SP- 2-90) on a 1.65-acre site on the north side of Plaza Boulevard, just east of 1-805 to accommodate a proposed 10,300 square foot retail development on two vacant parcels within the Specific Plan area. (Applicant: Schuss Clark, an Architectural Corporation) (Case File No. 2007-1 SP, IS) (Planning) RECOMMENDATION: Staff recommends that the item be continued to the November 7th Council Meeting. TESTIMONY: Justin Walseth, the applicant, spoke in favor of the proposed findings and amendment and against any delay. Book 89 / Page 227 10-02-2007 PUBLIC HEARING (continued) SPECIFIC PLAN ADMIN (417-1-1) 11. Continued Public Hearing (continued) ACTION: Motion by Zarate, seconded by Ungab, to close the hearing. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. Motion by Ungab, seconded by Natividad, to re -open the hearing. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. Motion by Ungab, seconded by Natividad, to continue the hearing to November 6, 2007. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. NON CONSENT RESOLUTION BUDGET FY 2007-2008 (206-1-23) 12. Resolution No. 2007-232. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A FINAL BUDGET FOR THE 2007-2008 FISCAL YEAR. (Finance) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. NEW BUSINESS TEMPORARY USE PERMITS 2007 (203-1-23) 13. SUBJECT: Temporary Use Permit — Comerstone Church's "Faith for our Future Softball Toumament" at Kimball Park on October 20, 2007 from 7:30 a.m. to 8 p.m. (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 Zarate, seconded by Natividad, in favor of staffs recommendation. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. Book 891 Page 228 10-02-2007 NEW BUSINESS (continued) TEMPORARY USE PERMITS 2007 (203-1-23) 14. SUBJECT: Temporary Use Permit — Fall Festival at South Bay Community Church on October 31, 2007 from 6 p.m. to 10 p.m. at 2400 Euclid Avenue. (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 Zarate, in favor of staffs recommendation. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. CONDITIONAL USE PERMITS 2007 (403-22-1) 15. Notice of Decision — Planning Commission approval of a Conditional Use Permit application for the modification of CUP-2000-3 to allow for the increase in sales area for alcoholic beverages at Smart & Final at 1220 East Plaza Blvd. (Applicant: Art Rodriguez & Associates for Smart & Final) (Case File 2007-38 M1) (Planning) RECOMMENDATION: The Notice of Decision be filed. TESTIMONY: Peter Impala, representing the applicant, responded to questions. ACTION: Motion by Zarate, seconded by Ungab, to file. Carried by the following vote, to -wit. Ayes: Parra, Ungab, Zarate. Nays: Natividad. Absent: Morrison. Abstain: None. 15a. SUBJECT: Request to use of the Martin Luther King, Jr., Community Center by the National City Chamber of Commerce for their Annual "Salute to the Navy Luncheon" on Wednesday, October 10, 2007. RECOMMENDATION: Approve the request. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Parra, to approve the request. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. Book 89 / Page 229 10-02-2007 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 16. Warrant Register for the period of 08/31/07 through 09/17/07 in the amount of $1,120,994.23. (Community Development Commission/Finance) RECOMMENDATION: Approve. ACTION: Motion by Ungab, seconded by Natividad, to approve the Warrant Register. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. NON CONSENT RESOLUTIONS BUDGET FY 2007-2008 (206-1-23) 17. Resolution No. 2007-233. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2007-2008. (Finance) RECOMMENDATION: Adopt the Final Budget for FY 2007-2008. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to adopt the final budget. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. CONTRACT (C2006-70) 18. Resolution No. 2007-234. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HOME DEPOT U.S.A. INC. AND PACIFIC STEEL, INC. (Redevelopment Division) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Robert Leif, San Diego, spoke in favor. ACTION: Motion by Ungab, seconded by Natividad, to adopt the Resolution including a technical revision to identify the subject property by APN (assessor parcel number) number. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. Book 89 / Page 230 10-02-2007 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2007-46) 19. Resolution No. 2007-235. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF A STRIP OF LAND FROM SWEETWATER AUTHORITY TO COMPLETE THE LAND ASSEMBLAGE FOR THE MARINA GATEWAY PROJECT. (City Attomey) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to adopt the Resolution. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. CONTRACT (C2007-32) 20. Resolution No. 2007-236. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A REVISION TO SECTION 21 OF THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH MARINA GATEWAY DEVELOPMENT COMPANY, LLC. (City Attomey) RECOMMENDATION: Continue the Resolution for two weeks. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to continue the item for two weeks. Carried by the following vote, to -wit. Ayes: Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Morrison. Abstain: None. CLOSED SESSION REPORT (509-1-4) City Council / CDC Attorney George Eiser reported that in Special Meeting Closed Session held at 5:00 p.m., the Council/ Commission took action to direct that appropriate steps be taken to defend the action of the City/ CDC in the litigation brought by the CYAC. (See attached Exhibit 'L') Book 89 / Page 231 10-02-2007 STAFF REPORTS Police Chief Gonzales reminded everyone about the Pubic Safety Fair to be held on October 6"'. City Manager Zapata extended a welcome to Member Zarate who retumed from a long convalescence from surgery. MAYOR AND CITY COUNCIL Member Natividad welcomed Ms. Zarate and introduced a life-long friend, Mr. David Garcia. Vice Mayor Parra requested that staff write a letter protesting the fare increases proposed by the Metropolitan Transit System (MTS). Member Zarate expressed appreciation for the many cards and prayers she received during her time away. ADJOURNMENT The meeting was adjoumed to the Next Regular City Council and Community Development Commission Meeting to be held Tuesday, October 16, 2007 at 6:00 p.m., Council Chamber, Civic Center. The meeting closed at 7:20 p.m. 4 City( Clerk / Recor ing Secretary The foregoing minutes were approved at the Regular Meeting of October 16, 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 City Council of the City of National City Community Development Commission of the City of National City Large Conference Room Civic Center 1243 National City Boulevard Special Meeting — Tuesday — October 2, 2007 5:00 P.M. ROLL CALL CLOSED SESSION CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION Conference with Legal Counsel — Existing Litigation — Govemment Code Section 54956.9(a) Community Youth Athletic Center v. City of National City, Community Development Commission of the City of National City, et al. San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-SC CITY COUNCIL Liability Claim — Govemment Code Section 54956.95 Workers' Compensation Claim Agency Claimed Against: City of National City ADJOURNMENT Next Regular City Council/CDC Meeting — Tuesday, October 2, 2007 - 6:00 p.m. - Council Chambers, Civic Center