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