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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.