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HomeMy WebLinkAbout2007 10-16 CC CDC MINBook 89 / Page 232 10-16-2007 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA October 16, 2007 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:11 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Natividad, Parra, Ungab, Zarate. Administrative Officials present: Babaki, Baker, Dalla, Deese, Eiser, Juniel, Ladrido, Post, Raulston, Rodriguez, Smith, Stevenson, Zapata. Others present: Student Representatives Tanya Concha and Marcos Delgadillo. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Four young people, accompanied by Montserrat Casonova, National City, spoke about leukemia and the importance of bone marrow donors. Ted Godshalk, National City, spoke about graffiti problem and the possibility of the graffiti workers patrolling the west side on Thursdays. Jose Medina, National City, said the City Gate Walk Project should be held -up until the West Side Specific Plan is approved and opposed if it violates the preliminary West Side Specific Plan. Mr. Medina distributed a letter from the Old Town Neighborhood Council. Copy on file in the Office off the City Clerk. Toni LoPresti, Environmental Health Coalition, spoke in support delaying action on the Gate Walk Project until the West Side Specific Plan is complete. CITY COUNCIL PRESENTATIONS Book 89 / Page 233 10-16-2007 PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. SUBJECT: October Employee of the Month — Denise Davis, Administrative Assistant — Community Development Commission. COUNCIL MEETING PRESENTATIONS 2007 (102-10-2) 2. SUBJECT: Port District Update — Commissioner Robert "Dukie" Valderrama CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Items 4 through 8 (Resolutions Nos. 2007-237 through 2007-241), Items No. 9 and 10 (Warrant Registers). Motion by Natividad, seconded by Parra, to approve the Consent Calendar. Carried by unanimous vote. Note: Council Member Zarate requested that Item No. 3, Approval of Minutes, reflect that she abstained on the approval of the Minutes for August 7, 2007. APPROVAL OF MINUTES 3. SUBJECT: Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of August 7, 2007 and the Regular Meeting of October 2, 2007. (City Clerk) ACTION: Approved. See above. CONTRACT (C2007-11) 4. Resolution No. 2007-237. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CONTRACT CHANGE ORDER NUMBER ONE TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FOR THE NATIONAL CITY RESURFACING PROJECT, FY 06-07 IN THE AMOUNT OF $169,628 FOR TWO ADDITIONAL STREETS BEING PAVED AND VARIOUS ITEMS, AND AUTHORIZING THE CITY ENGINEER TO APPROVE AND SIGN THE CHANGE ORDER. (Funding for this project is provided by a grant from the Califomia Integrated Waste Board and Traffic Congestion Relief Fund) (Engineering) ACTION: Adopted. See above. Book 89 / Page 234 10-16-2007 CONSENT CALENDAR (cont.) CONTRACT (C2007-11) 5. Resolution No. 2007-238. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CONTRACT CHANGE ORDER NUMBER TWO TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FOR THE NATIONAL CITY RESURFACING PROJECT, FY 06-07, IN THE AMOUNT OF $48,700 FOR PAVING OF THE CITY HALL UPPER PARKING LOT AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER AND APPROVING THE TRANSFER OF FUNDS FROM TWO NON -DEPARTMENTAL GENERAL FUNDING ACCOUNTS (CARRY FORWARD FUNDS FROM FY 06-07) IN THE TOTAL AMOUNT OF $57,002 TO THE PROJECT EXPENDITURE ACCOUNT FOR NATIONAL CITY STREET RESURFACING PROJECT (the funding will be available through two general funding accounts that were carried forward from FY 06-07). (Engineering) ACTION: Adopted. See above. CONTRACT (C2006-59) COMMUNITY DEVELOPMENT ADMIN 2007-2010 (406-2-12) 6. Resolution No. 2007-239. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE BOUNDARIES OF THE UPDATED TARGET EMPLOYMENT AREA (TEA) FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE (SDREZ). (Economic Development Division) ACTION: Adopted. See above. CONTRACT (C2006-59) 7. Resolution No. 2007-240. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING TO THE FIRST MOU WITH THE CITY OF SAN DIEGO, THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO, AND THE SOUTHEASTERN ECONOMIC DEVELOPMENT CORPORATION (SEDC) FOR THE PURPOSE OF DESIGNATING THE AGENCIES RESPONSIBLE FOR PAYMENT TO NATIONAL CITY FOR SAN DIEGO'S 80% PORTION OF THE ENVIRONMENTAL ANALYSIS FEES FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE (SDREZ). (Economic Development Division) ACTION: Adopted. See above. Book 89 / Page 235 10-16-2007 CONSENT CALENDAR (cont.) CONTRACT (C2007-33) LABOR RELATIONS MEA MOU 2007-2009 (605-4-9) 8. Resolution No. 2007-241. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE CONTRIBUTION RATES TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY DECREASING THE CITY'S CONTRIBUTIONS AND ADDING A MEMBER CONTRIBUTION PAID BY NCMEA REPRESENTED EMPLOYEES. (Human Resources) ACTION: Adopted. See above. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 9. Warrant Register #11 for the period of 9/05/07 through 9/11/07 in the amount of $1,295,516.58. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 10. Warrant Register #12 for the period of 9/12/07 through 9/18/07 in the amount of $691,110.57. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS SUBDIVISIONS / VARIANCES 2007 (415-1-3) PLANNED DEVELOPMENT PERMIT ADMIN 2007 (414-1-22) 11. Public Hearing — Time extension request for a Tentative Subdivision Map and Planned Development Permit for a 25 unit residential development on a 1.9 acre property located west of 1-805 and north of 16th Street. (Applicant: Ashok Israni for Pacifica Companies) (Case File No. S-2004- 2/PD-2004-2) (Planning) RECOMMENDATION: Staff recommends that the expiration date be extended by an additional year to September 21, 2008. TESTIMONY: None. ACTION: Motion by Parra, seconded by Zarate, to approve staffs recommendation. Carried by unanimous vote. Motion by Zarate, seconded by Parra, to close the Public Hearing. Carried by unanimous vote. Book 89 / Page 236 10-16-2007 PUBLIC HEARINGS (cont.) SUBDIVISIONS / VARIANCES 2007 (415-1-3) CONDITIONAL USE PERMITS 2007 (403-22-1) 12. Public Hearing — Time Extension Request — Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th and 9th Streets, into eight residential Tots with a Conditional Use Permit for one of the lots to have an accessory living unit. (Applicants; Alfonso Reynoso, Adolfo Gallegos, and Edgar Herrera) (Case File No. S-2004-6/CUP-2004-18) (Planning) RECOMMENDATION: Staff recommends that the expiration date be extended by an additional year to September 21, 2008. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to denv. Motion failed by the following vote, to -wit: Ayes: Ungab. Nays: Morrison, Natividad, Parra, Zarate. Abstain: None. Motion by Natividad, seconded by Parra, to continue to November 20. 2007. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Parra, Zarate. Nays: Ungab. Absent: None. Abstain: None. Staff to meet with owner regarding original plan. Vice Mayor Parra left the Council Chamber at 7:11 p.m. ZONING 2007 (506-1-22) SPECIFIC PLAN ADMIN (417-1-1) 13. Public Hearing and proposed Finding of No Significant Environmental Effect for a General Plan Amendment and Zone Change from single- family large lot (RS-1) to Private Institutional — Planned Development overlay (IP-PD), and a proposed Specific Plan for a non-profit philanthropic organization on a 6.58-acre site at 2505 and 2525 N Avenue. (Applicant: International Community Foundation) (Case File No. 2007-16 SP, IS, GP, ZC) (Planning) RECOMMENDATION: Staff recommends approval of the proposed Specific Plan and Amendment of the combined General Plan/Zoning Map from RS-1 to IP-PD, as well as the Finding of No Significant Environmental Effect. The Planning Commission recommended denial. TESTIMONY: Richard Romney, representing the applicant, spoke in support and read into the record two letters of support from National City residents. Janet Newland Bower, La Mesa, spoke in support. Normal Pinal, National City, spoke in opposition. Elizabeth Toy, National City, spoke in support. Frank Lopez, National City, had questions and was neutral. Book 89 / Page 237 10-16-2007 PUBLIC HEARINGS (cont.) ZONING 2007 (506-1-22) SPECIFIC PLAN ADMIN (417-1-1) 13. Public Hearing (continued). TESTIMONY: Perla Bonilla, National City, spoke in opposition. Marta Flores, National City, spoke in support. David DeBaca, National City, spoke in support. James Eaves, National City, spoke in support. ACTION: Motion by Zarate, seconded by Ungab, to close the hearing and approve staffs recommendation including all findings and conditions of approval. Carried by the following vote, to -wit. Ayes: Morrison, Natividad, Ungab, Zarate. Nays: None. Absent: None. Abstain: Parra. Vice Mayor Parra abstained because his personal residence is within 300 feet of the property under consideration. EX PARTE DISCLOSURES: Members Morrison, Natividad and Zarate disclosed that they had exparte contacts with the applicant. Vice Mayor Parra retumed to the Council Chamber at 8:20 p.m. NEW BUSINESS MAYOR ADMIN / AGENDA ITEMS (102-14-2) 14. Consideration of granting authority to the Mayor during National City Week to confer the honorary title of "EMERITUS" upon former elected City officials. (City Attomey) RECOMMENDATION: By motion, grant authority to the Mayor during National City Week to confer the honorary title of "Emeritus" to former elected City Officials who have provided exemplary service to the City, and who have left office under honorable circumstances. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Natividad, to approve staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2007 (203-1-23) 15. SUBJECT: Temporary Use Permit — Annual Sweetwater High School's Homecoming Football Game Halftime Show on October 26, 2007 from 7- 10 p.m. at Sweetwater High School. (Building & Safety) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with a fee credit in the amount of $1,500. Should City Council grant the waiver of fees, total fees will be $0. Book 89 / Page 238 10-16-2007 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2007 (203-1-23) 15. SUBJECT: Temporary Use Permit (continued). TESTIMONY: None. ACTION: Motion by Natividad, seconded by Ungab, to approve staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2007 (203-1-23) 16. SUBJECT: Temporary Use Permit — Camina Por La Vida Leukemia Walk sponsored by citizen Maria Casanova on Saturday, November 3, 2007. The Walk will commence at 8:30 a.m. and proceed from 33`d Street to 12th Street on National City Boulevard concluding at 11:00 a.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 Zarate, seconded by Parra, to approve staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2007 (203-1-23) 17. SUBJECT: Temporary Use Permit — Feria de Salud: Por to Familia 2008 hosted by the American Diabetes Association on March 1, 2008 at Kimball Park with no waiver of fees. (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 Parra, to approve staffs recommendation. Carried by unanimous vote. ZONING 2007 (506-1-22) 18. Notice of Decision - Zone variance for a reduced side yard setback to permit expansion of an existing industrial building at 221 West 16th Street. (Applicant: Robert J. Richards) (Case File 2007-40 Z) (Planning) RECOMMENDATION: Staff concurs with the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Natividad, to approve staffs recommendation. Carried by unanimous vote. Book 89 / Page 239 10-16-2007 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 19 (Warrant Register), Items No. 20 and 21 (Resolutions Nos. 2007-242 through 2007-243). CDC Attorney Eiser advised that there was a need to re -number Section 21 and 22 of Resolution No. 2007-242 to correct an error. Motion by Natividad, seconded by Parra, to approve the Consent Calendar including the recommended correction. Carried by unanimous vote. WARRANT REGISTER JULY 2007 — JUNE 2008 (202-1-22) 19. Warrant Register for the period of 09/18/07 through 09/27/07 in the amount of $374,900.81. (Community Development Commission/Finance) ACTION: Ratified. See above. CONTRACT (C2007-32) 20. Resolution No. 2007-242. 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 Attorney) ACTION: Adopted. See above. DEED (D2007-7) CONTRACT (C2007-46) 21. Resolution No. 2007-243. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY AND DIRECTING THE RECORDATION OF A QUITCLAIM DEED FROM SWEETWATER AUTHORITY. (City Attorney) ACTION: Adopted. See above. STAFF REPORTS ENGINEERING DEPT — GRANTS / REPORT ADMIN (1104-1-1) 22. SUBJECT: Status Report to City Council in reference to National City Resurfacing Project, FY-06-07. (Engineering) ACTION: Filed. Book 89 / Page 240 10-16-2007 STAFF REPORTS (cont.) COMMUNITY DEVELOPMENT ADMIN 2007 — 2010 (406-2-12) 23. SUBJECT: Report to City Council on National City Week (October 27, 2007 — November 1, 2007). (Economic Development Division) ACTION: Filed. COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 24. SUBJECT: Community Services October Staff Report. (Community Services) ACTION: Filed. CLOSED SESSION REPORT (509-1-4) City Council / CDC Attorney 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 Member Zarate said that the Pubic Art event at the Fire Station was wonderful. Member Natividad said it was important to include the student council representatives in National City Week events and requested consideration be given to the possibility of refunding the fees that were charged for an event in Kimball Park that was rained -out. Mayor Morrison announced that City Manager Chris Zapata is now President of International Hispanic Network. ADJOURNMENT The meeting was adjourned in memory of Mr. Everett Bobbitt, the legal representative and negotiator for the Police Officers Association for many years. The meeting was adjoumed to an Adjoumed Regular Meeting of the City Council and Community Development Commission to be held Tuesday, October 30, 2007 at 6:00 p.m., Council Chamber Civic Center. The next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, November 6, 2007 at 6:00 p.m., Council Chamber, Civic Center. The meeting closed at 8:43 p.m. Book 89 / Page 241 10-16-2007 ity Clerk Re rding 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 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 16, 2007 5:00 P.M. ROLL CALL CLOSED SESSION CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION I. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Community Youth Athletic Center v. City of National City, Community Development Commission of she City of National City, et al. San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-SC COMMUNITY DEVELOPMENT COMMISSION 2. Conference with I.cgal Counsel - Existing Litigation -- Government Code Section 54956.9(a) a) Community Development Commission v. Matchinske Family Partnership, et al SDSC Case No. GIC869966-1 b) Community Development Commission v. Fraternal Order ofEagles, et al SDSC Case No. GIC869512-1 c) Community Development Commission v. Young Sook Kim, et al Case No. GIC860859-1 d) Community Development Commission v. Paul R. Brock, et al Case No. GIC868858-1 e) Community Development Commission v. Antonia E. Martin, et al Case No. GIC860857-1 CITY COUNCIL 3. Liability Claims Government Code Section 54956.95 Workers' Compensation Claims Agency Claimed Against: City of National City ADJOURNMENT Next Regular City Council/CDC Meeting Tuesday, October 16, 2007 - 6:00 p.m. Council Chambers, Civic Center