HomeMy WebLinkAbout2008 08-19 CC CDC MINBook 90 / Page 168
08-19-2008
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION OF
NATIONAL CITY, CALIFORNIA
August 19, 2008
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:05 p.m. by Mayor /
Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Natividad, Parra, Ungab,
Zarate.
Administrative Officials present: Babaki, Dalla, Deese, Eiser, Juniel, Post,
Raulston, Rodriguez, Smith, Stevenson, Williams, Zapata.
Others present: Student Representatives Marcos Martinez and Evita Pineda.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Alfonso Hernandez, National City, complained about Ice cream trucks near the
Boys & Girls Club.
PRESENTATION
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
1. SUBJECT: Employee of the Month of August 2008 — Gabby Soriano —
MIS Technician.
OFF AGENDA PRESENTATION (102-10-3)
John Kirk, National City, representing the National City Host Lions Club,
presented two laptop computers, donated by AT&T, to last years Student
Representatives.
CITY COUNCIL
ADOPTION OF CONSENT CALENDAR. Item No. 2 (Minutes), Item No. 3
(NCMC), Items No. 4 through 8 (Resolutions Nos. 2008-162 through 2008-166),
Items No. 9 and 10 (Warrant Registers). Motion by Zarate, seconded by
Natividad, to approve the Consent Calendar. Carried by unanimous vote.
Book 90 / Page 169
08-19-2008
CONSENT CALENDAR (cont.)
APPROVAL OF MINUTES
2. SUBJECT: Approval of the Minutes of the Adjourned Regular City
Council/Community Development Commission Meeting of August 5, 2008.
(City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2008 (506-2-23)
3. SUBJECT: APPROVAL OF A MOTION TO WAIVE READING OF THE
TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND
PROVIDES THAT SUCH ORDINANCES SHALL BE INTRODUCED
AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY.
ACTION: Approved. See above.
CONTRACT (C2008-51)
4. Resolution No. 2008-162. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO
INDUSTRIAL COATING AND RESTORATION SERVICES IN THE
AMOUNT OF $43,535 FOR THE NATIONAL CITY POLICE
DEPARTMENT SECURITY FENCING INSTALLATION PROJECT.
(Funded through Supplemental Law Enforcement Service Grant and
General Funds). (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2008-52)
5. Resolution No. 2008-163. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO
INDUSTRIAL COATING AND RESTORATION SERVICES IN THE
AMOUNT OF $44,100 FOR THE NATIONAL CITY POLICE
DEPARTMENT BULLET -RESISTANT GLAZING/PANELING PROJECT.
(Funded through Justice Assistance Grant and General Funds).
(Engineering)
ACTION: Adopted. See above.
CONTRACT (C2008-53)
6. Resolution No. 2008-164. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY AND ESGIL
CORPORATION TO PROVIDE PLAN CHECKING, BUILDING
INSPECTION, AND BUILDING CONSULTANT SERVICES. (Planning and
Building)
ACTION: Adopted. See above.
Book 90 / Page 170
08-19-2008
CONSENT CALENDAR (cont.)
BLOCK GRANT PROGRAM ADMIN 2008 — 2009 (406-1-23)
7. Resolution No. 2008-165. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RECOGNIZING APPROXIMATELY $1.4
MILLION IN HOME PROGRAM INCOME, REMIT PAYMENT TO THE
U.S. TREASURY FOR THE ACCRUED INTEREST AND TO TAKE
NECESSARY ACTION TO INITIATE THE PUBLIC PARTICIPATION
PROCESS FOR THE REMAINING BALANCE OF FUNDS. (Finance)
ACTION: Adopted. See above.
BLOCK GRANT PROGRAM ADMIN 2008 — 2009 (406-1-23)
8. Resolution No. 2008-166. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RECOGNIZING APPROXIMATELY $2.9
MILLION IN CDBG PROGRAM INCOME, REMIT PAYMENT TO THE
U.S. TREASURY FOR THE ACCRUED INTEREST AND TO TAKE
NECESSARY ACTION TO INITIATE THE PUBLIC PARTICIPATION
PROCESS FOR THE REMAINING BALANCE OF FUNDS. (Finance)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
9. Warrant Register #3 for the period of 07/09/08 through 07/15/08 in the
amount of $692,868.97. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
10. Warrant Register #4 for the period of 07/16/08 through 07/22/08 in the
amount of $1,189,474.47. (Finance)
ACTION: Ratified. See above.
NON CONSENT RESOLUTION
CONTRACT (C87-7)
11. Resolution No. 2008-167. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING THE TERMINATION OF
THE LEASE WITH THE NATIONAL CITY HISTORICAL SOCIETY FOR
THE LAND (1615 EAST 4TH ST) ON WHICH GRANGER HALL IS
LOCATED, ACCEPTING A QUITCLAIM DEED FROM THE HISTORICAL
SOCIETY FOR SAID LAND, AND DIRECTING THE RECORDATION OF
SAID QUITCLAIM DEED. (Redevelopment Division) ** Companion Item
22 **
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None .
Book 90 / Page 171
08-19-2008
NON CONSENT RESOLUTION (cont.)
CONTRACT (C87-7)
11. Resolution No. 2008-167 (continued).
ACTION: Motion by Parra, seconded by Zarate, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Parra, Ungab, Zarate. Nays: None. Absent: Natividad. Abstain:
None.
PUBLIC HEARINGS
LOCAL COASTAL PROGRAM ADMIN (405-5-1)
12. Public Hearing — An Amendment to Section XII of the Local Coastal
Program Implementation Document pertaining to signs and outdoor
advertising in the Coastal Zone. (Applicant: City initiated) (Case File No.
2007-41 LCP) (Planning)
RECOMMENDATION: Staff concurs with the Planning Commission's
recommendation that the Local Coastal Program Amendment be
approved.
TESTIMONY: None .
ACTION: Motion by Parra, seconded by Natividad, to continue in
30 days; Mayor to consult with staff. Carried by unanimous vote.
CABLE TV RATE REGULATION (908-2-3)
13. Public Hearing to consider, and declaring the City Council's intention to
grant, a non-exclusive franchise to NexHorizon Broadband of Southern
California, Inc., to construct, maintain, and operate a cable television
system within the City, pursuant to Chapter 6.10 of the National City
Municipal Code. (City Attorney)
RECOMMENDATION: Accept and file.
TESTIMONY: None.
ACTION: Accepted and filed without action.
MUNICIPAL CODE 2008 (506-2-23)
14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL
CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND
OUTDOOR ADVERTISING DISPLAYS. (Planning/City Attorney)
RECOMMENDATION: Adopt proposed Ordinance.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Natividad, to continue in
30 days; Mayor will consult with staff. Carried by unanimous vote.
Book 90 / Page 172
08-19-2008
NEW BUSINESS
CONDITIONAL USE PERMITS 2008 (403-23-1)
15. Notice of Decision — Planning Commission approval for a Conditional Use
Permit for a car stereo sales and installation shop in an existing shopping
center at 1050 Highland Avenue, Suite D. (Applicant: David Galante)
(Case File 2008-22 CUP) (Planning)
RECOMMENDATION: Staff concurs with the Planning Commission and
recommends that the Notice of Decision be filed.
TESTIMONY: None.
ACTION: Filed without objection.
TEMPORARY USE PERMITS 2008 (203-1-24)
16. SUBJECT: Temporary Use Permit — Banner sign at Target Plaza Bonita
from August 20, 2008 to November 20, 2008. (Neighborhood Services)
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
staff recommendation. Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 17 (Warrant Register), Items
No. 18 through 21 (Resolutions Nos. 2008-168 through 2008-171). Motion by
Natividad, seconded by Parra, to approve the Consent Calendar. Carried by
unanimous vote.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
17. Warrant Register for the period of 7/18/08 through 07/31/08 in the amount
of $441,288.21. (Community Development Commission/Finance)
ACTION: Ratified. See above.
Book 90 / Page 173
08-19-2008
CONSENT CALENDAR (cont.)
CONTRACT (C2008-54)
18. Resolution No. 2008-168. A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING AN EXCLUSIVE NEGOTIATION AGREEMENT
WITH NCSDI NO. 1, LLC, DERR FAMILY VENTURES LP AND DERCO
PROPERTIES LLC RELATED TO ROUGHLY 15 ACRES OF PROPERTY
IN NATIONAL CITY COMMONLY CALLED THE HARBOR DRIVE IN
SITE AND 1.34 ACRES ON NATIONAL CITY BOULEVARD COMMONLY
KNOWN AS THE RCP SITE, OWNED BY THE COMMUNITY
DEVELOPMENT COMMISSION. (Redevelopment Division)
ACTION: Adopted. See above.
CONTRACT (C2008-55)
19. Resolution No. 2008-169. A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING AN AGREEMENT WITH URBAN FUTURES, INC.
TO PROVIDE FINANCIAL CONSULTANT SERVICES FOR THE
COMMUNITY DEVELOPMENT COMMISSION IN AN AMOUNT NOT TO
EXCEED $84,700 ($34,700 FOR CONSULTING TO THE CDC AND
$50,000 FOR "AS NEEDED" SERVICES TO BE REIMBURSED
LARGELY THROUGH DEVELOPER DEPOSITS). (Redevelopment
Division)
ACTION: Adopted. See above.
CITY WIDE HOUSING ADMIN (303-4-1)
20. Resolution No. 2008-170. A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING SECTION 8 MANAGEMENT ASSESSMENT
PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2008 AND
AUTHORIZING THE SUBMITTAL OF THE SEMAP TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (CDC —
Section 8 Rental Assistance Division)
ACTION: Adopted. See above.
CITY WIDE HOUSING ADMIN (303-4-1)
21. Resolution No. 2008-171. A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING THE USE OF $1,597,534 FOR AN INTERIM LOAN
UTILIZING TAX INCREMENT HOUSING SET -ASIDE FUNDS FOR THE
CASA FAMILIAR, INCORPORATED ACQUISITION AND
REHABILITATION PROJECT. (Community Development, Housing and
Grants Division)
ACTION: Adopted. See above.
Book 90 / Page 174
08-19-2008
NON CONSENT RESOLUTION
CONTRACT (C2008-56)
22. Resolution No. 2008-172. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING A LEASE OF THE FIRST FLOOR OF THE
HISTORIC KIMBALL HOUSE TO THE NATIONAL CITY HISTORICAL
SOCIETY FOR A PERIOD OF 15 YEARS AND ACCEPTING
OWNERSHIP OF THE HISTORY GRANGER MUSIC HALL.
(Redevelopment Division) ** Companion Item 11 **
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Ungab, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Parra, Ungab, Zarate. Nays: None. Absent: Natividad. Abstain:
None.
NEW BUSINESS
SPECIFIC PLAN — WESTSIDE (417-1-10)
23. SUBJECT: A Report: US Environmental Protection Agency (EPA)
Brownfield Assessment Grant for the Westside Specific Planning Area.
(Redevelopment Division)
RECOMMENTATION: Accept and file.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Zarate, to accept and
file the report. Carried by unanimous vote.
SPECIFIC PLAN — WESTSIDE (417-1-10)
24. SUBJECT: A Report on the Feasibility of Developing an Industrial Park for
Relocation of Potential Non -conforming Uses in Conjunction with the
Westside Specific Plan. (Redevelopment Division)
RECOMMENTATION: Accept and file.
TESTIMONY: Margarita Garcia, spoke in support of relocating auto
shop businesses.
Adriana Calderon, National City, spoke in support of implementing
the industrial park.
Eddie Perez, San Diego, spoke in support of moving forward with
the industrial park and relocating businesses.
Irma Tranquilino, National City, spoke in support of relocating
businesses to an industrial park.
Alejandra Sotelo-Solis, National City, spoke in favor of moving
forward with the industrial park and relocating businesses.
Book 90 / Page 175
08-19-2008
NEW BUSINESS (cont.)
SPECIFIC PLAN — WESTSIDE (417-1-10)
24. SUBJECT: A Report on the Feasibility of Developing an Industrial Park
(continued).
TESTIMONY: Toni LoPresti, Environmental Health Coalition, spoke
in favor of relocating businesses to an industrial park and
distributed a list of concerns.
ACTION: Motion by Parra, seconded by Ungab, to accept and file
the report and findings. Carried by unanimous vote.
SPECIFIC PLAN — WESTSIDE (417-1-10)
25. SUBJECT: A Presentation by Urban Land Institute's Technical Advisory
Panel on the Transit Oriented Development Report prepared by the
Westside Specific Plan Area. (Project No. 2007-34 GP, ZC, SP)
Presentation by Mary Lyden and Chris Morrow, Urban Land Institute.
RECOMMENTATION: Refer to Executive Director's Report.
TESTIMONY: Ted Godshalk, National City said he supports some
recommendations and thinks many others are crazy.
ACTION: Motion by Natividad, seconded by Parra, to accept and
file the presentation. Carried by unanimous vote.
STAFF REPORTS
SPECIFIC PLAN — WESTSIDE (417-1-10)
26. SUBJECT: A Report and Update on the Westside Specific Plan (2007-34
GP, ZC, SP) and Request for Council Direction. (Community Development
Director) Staff presentation by Brad Raulston. (Copy on file in the Office
of the City Clerk.
RECOMMENTATION: Request for Council direction.
TESTIMONY: Jacqueline Reynoso, Executive Director of the
National City Chamber of Commerce, distributed a letter on behalf
of the Chamber (Copy on file in the Office of the City Clerk) and
indicated the Chamber's willingness work with the City to resolve
outstanding issues.
Perla Medina, National City, spoke in opposition to construction of
three-story buildings in her neighborhood.
Ditas Yamane, Chamber of Commerce President, spoke on behalf
of the Chamber Board in support of the Smart Growth Coalition.
Enrique Sanchez, National City, said homes and businesses do not
mix.
Jess Van Deventer, National City, Smart Growth Committee
member, said legitimate clean businesses should be supported,
small businesses are the lifeblood of the community and good code
enforcement is key.
Book 90 / Page 176
08-19-2008
STAFF REPORTS (cont.)
SPECIFIC PLAN — WESTSIDE (417-1-10)
26. SUBJECT: A Report and Update on the Westside Specific Plan
(continued).
TESTIMONY: Bob Davis, National City, Smart Growth Committee
member, spoke in support of smart growth alternatives.
Ted Godshalk, National City, said a bridge is unnecessary,
realigning Paradise Creek is bad, and three-story affordable
housing at the public works yard site is OK.
Jim Beauchamp, National City, Smart Growth Committee
Chairman, introduced the Smart Growth Coalition as 75 business
owners with 500 employees who are concerned about down -zoning
and the need to look at a more comprehensive and dense plan.
Mr. Beauchamp submitted petitions in support of the Smart Growth
three-point plan. (Copy on file in the Office of the City Clerk)
Mike Samudio Jr., National City, spoke in support of the Smart
Growth Coalition.
William Gerish, National City, said the public works yard as
currently used is an eyesore and would be better used as a park.
Dan Greenwald, National City, spoke in support of the Smart
Growth three-point plan.
Lorena Chavez, National City, supports elimination of polluting
businesses and keeping employment.
Mike Samudio, National City, spoke in support of Smart Growth
objectives and keeping employment.
Bob Richards, National City, spoke in support of Smart Growth, a
green zone, housing along west side of Paradise Creek and fears
that zoning will contribute to stagnation.
Lance Senter, National City, spoke in support of Smart Growth.
Toni LoPresti, Environmental Health Coalition (EHC), submitted
petitions supporting implementation of the Old Town Specific Plan.
Mary Powell, Smart Growth Coalition, said the new plan in not
economically viable.
Stephanie Buttell-Maxin, representing Paradise Creek Educational
Park, supports the Paradise Creek plan and no bridge.
Edward Senter, supports Smart Growth Coalition.
Jack Bazzi, National City, supports Smart Growth.
Jose Medina, National City, supports use of the public works yard
for affordable housing and park use.
Michael Labarre, National City Housing Partners, supports
incentivizing property owners to develop property and looking at
alternatives.
Book 90 / Page 177
08-19-2008
STAFF REPORTS (cont.)
SPECIFIC PLAN — WESTSIDE (417-1-10)
26. SUBJECT: A Report and Update on the Westside Specific Plan
(continued).
TESTIMONY: Philip Chodur, San Diego, spoke in support of smart
growth objectives, more density and height.
Sonya Tabor, National City, spoke in support of the plan and more
park space.
Ryan Perry, Westfield Shopping Center, supports smart growth.
Leonor Garcia, National City, EHC representative, supports
eliminating bad businesses and building the industrial park.
Rich D'Ascoli, Pacific Southwest Association of Realtors, supports
the smart growth and said the Specific Plan fails to look at the
importance of density.
Carmen Gutierrez, National City, spoke in support of use of the
public works yard for Paradise Creek and affordable housing.
Mary Johnson Powell, National City, expressed concerns about
freeway pollution.
Attorney Robin Munro, San Diego, spoke on behalf of Smart
Growth Coalition and urged the Council to study alternatives.
Joy Williams, EHC Research Director, reviewed various toxic
substances present on the west side. (Copy on file in the Office of
the City Clerk)
ACTION: At the conclusion of public testimony the City Council
entered into extensive comment and discussion on the issues and
direction requested by staff regarding such topics as density types,
affordable housing, height limits; gross polluters; grandfathered
businesses; alignment of Paradise Creek; extension of Hoover
Avenue; pedestrian circulation; parking issues; and economic
feasibility. Staff clarified that alternatives are typically not studied at
the `preferred project' level and that entitlement level alternatives
are not within the existing scope of work.
Based on the discussion and comments, staff committed to return
at the next City Council meeting with a document memorializing the
direction they heard from City Council discussion. There was no
vote.
CLOSED SESSION REPORT (509-1-4)
City Council / CDC Attorney George Eiser stated there was nothing to report from
the Special Meeting Closed Session held at 5:00 p.m. (See attached Exhibit `L')
Book 90 / Page 178
08-19-2008
MAYOR AND CITY COUNCIL
Member Natividad said the vacant lot on Highland Avenue between 21st and 22nd
Street is in terrible condition and needs to be cleaned up.
Member Ungab reported the presence of old campaign signs on 4th street.
Member Zarate reported graffiti at 8th and Palm Avenue.
ADJOURNMENT
ACTION: Motion by Zarate, seconded by Parra, to adiourn the meeting to the
next Regular Meeting of the City Council and Community Development
Commission to be held Tuesday, September 2, 2008 at 6:00 p.m., Council
Chamber, Civic Center. Carried by unanimous vote.
The meeting closed at 10:42 p.m.
C' Clerk / Re rding Secretary
The foregoing minutes were approved at the Regular Meeting of September 16,
2008.
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
and
Parking Authority of the City of National City
City Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Tuesday — August 19, 2008 - 5:00 P.M.
Open To the Public
ROLL CALL
CONSENT CALENDAR
Consent Calendar: Consent calendar items involve matters, which are of a routine or non -controversial
nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to
such approval, any item may be removed from the consent portion of the agenda and separately
considered, upon request of a Councilmember, a staff member, or a member of the public.
CITY COUNCIL
CLOSED SESSION
1. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9 (a)
Damian Ballardo, et al. v. City of National City
United States District Court, Southern District of California
Case No. 07CV1956 DMS (LSP)
2. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9 (a)
Antonio Flores, et. al. v. City of National City; SDSC Case
3. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government
554956.9 (b)
One Potential Case
PARKING AUTHORITY
CLOSED SESSION
No. GIS 18683
Code Section
4. Conference With Property Negotiator
Government Code Section 554956.8
Property: 15-08 Acre Vacant Parcel North of Plaza Bonita Road and West of
Sweetwater Road, National City (A.P.N. 564-471-11).
Agency Negotiator: Brad Raulston
Under Negotiation: Price and Terms of Payment
PARKING AUTHORITY
OPEN SESSION
5. Resolution of the Parking Authority of the City of National City Authorizing the
Chairman to Execute an Agreement with Retail Institute to Provide Brokerage
Services for a 15.08 Acre Parcel North of Plaza Bonita Road.
ADJOURNMENT
Adjourn to the Regular City Council and Community Development Commission
Meeting — Tuesday — August 19, 2008 — 6:00 p.m., Council Chambers, Civic
Center.
Adjourn to the Regular Parking Authority Meeting — Tuesday, July 21, 2009 —
6:00 p.m., Council Chambers, Civic Center.