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HomeMy WebLinkAbout2008 09-02 CC CDC MINBook 90 / Page 179 09-02-2008 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA September 2, 2008 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:06 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, Duong, Eiser, Juniel, Post, Raulston, Rodriguez, Smith, Stevenson, Zapata. Others present: Student Representatives Marcos Martinez and Evita Pineda. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Jacqueline Reynoso, Chamber of Commerce Executive Director, formally requested a $70,000 challenge grant funding from the City to help retire the Chamber of Commerce building debt and program funding in the amount of $50,000 to administer various city programs. ACTION: The request was referred to staff for review with a suggestion that any funding be subject to review every six months. There was no vote. PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2008 (102-10-3) 1. SUBJECT: Presentation by proponents of Prop B - The initiative to redevelop the 10th Avenue Marine Terminal. - Presenter: Frank Gallagher, Partner in San Diego Community Solutions. 2. SUBJECT: Presentation by opponents - "Save our Working Waterfront, No on Prop B" - Presenters: John Pasha, Pasha Automotive Services and Brian Whatley, International Longshore & Warehouse Union. TESTIMONY: Also speaking in support of the presentation were National City Port Commissioner Dukie Valderrama and Chamberr of Commerce President Ditas Yamane. Book 90 / Page 180 09-02-2008 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2008 (102-10-3) 3. SUBJECT: Presentation by Fire Chief Rod Juniel San Diego County Real Property Parcel ($52.00 Annual) Tax Initiative. ACTION: Motion by Natividad, seconded by Parra, to oppose measure and staff to bring back a resolution. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Items No. 4 through 14 (Resolutions No. 2008-173 through 2008-183), Items No. 15 and 16 (Reports), Items No. 17 through 19 (Warrant Registers). Motion by Parra, seconded by Natividad, to pull Item No. 7, continue Item No. 14, and the remainder of the Consent Calendar be approved. Carried by unanimous vote. CONTRACT (C2008-32) 4. Resolution No. 2008-173. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER TWO TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 (PHASE 2), IN THE AMOUNT OF $16,517 FOR RESURFACING THE KIMBALL PARK TENNIS/BASKETBALL COURTS TO ACCOMMODATE THE SKATE PARK CONVERSION PROJECT AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Funded through Parks and Recreation Capital Outlay Funds). (Engineering) ACTION: Adopted. See above. CONTRACT (C2008-32) 5. Resolution No. 2008-174. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER FIVE TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FOR THE NATIONAL CITY STREET RESURFACING PROJECT FY 08-09 (PHASE 2) IN THE AMOUNT OF $12,040 FOR INSTALLATION OF SEVEN MOUNTED PROJECT SIGNS AT STRATEGIC LOCATIONS FOR PUBLIC RELATIONS NOTIFICATION AND AUTHORIZING THE CITY ENGINEER TO SIGN THE CHANGE ORDER. (Funded through Traffic Congestion Relief, Gas Tax, Proposition A, Proposition 1 b funds, and CIWMB Grants). (Engineering) ACTION: Adopted. See above. Book 90 / Page 181 09-02-2008 CONSENT CALENDAR (cont.) CONTRACT (C2004-51) 6. Resolution No. 2008-175. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC. IN THE AMOUNT NOT TO EXCEED $200,000 IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS. (Funded through the Sewer Fund) (Engineering) ACTION: Adopted. See above. DEED (D2008-07) 7. Resolution No. 2008-176. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM PROPERTY OWNER OSCAR SALCEDO, DIRECTING THE RECORDATION OF A STREET EASEMENT FOR A PORTION OF LAND FOR STREET PURPOSES AT 2919 LEONARD STREET AND DEDICATING AND NAMING THE PARCEL OF LAND. (Engineering) TESTIMONY: Matias Garcia, National City, asked for some clarification. ACTION: Motion by Zarate, seconded by Parra, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2008-57) 8. Resolution No. 2008-177. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COST SHARING AGREEMENT BETWEEN THE CITY AND LIBRARY VILLAGE SOUTH, INC. FOR ENVIRONMENTAL CONSULTANT SERVICES FOR SPECIFIC PLAN AMENDMENT (SP- 2005-3). (Planning and Building) ACTION: Adopted. See above. CONTRACT (C2008-58) 9. Resolution No. 2008-178. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE PURCHASE OF 130 NEW TRASH CONTAINERS FROM REHRIG PACIFIC COMPANY TO REPLACE THE EXISTING CONTAINERS IN THE PUBLIC RIGHT OF WAY AT A TOTAL COST OF $45,755 TO BE PAID FROM THE TRASH RESERVE FUND. (Public Works) ACTION: Adopted. See above. Book 90 / Page 182 09-02-2008 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2008 (203-1-24) 10. Resolution No. 2008-179. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY USE PERMIT FOR NATIONAL CITY'S USE OF PASHA PARKING LOT "J" LOCATED ON SAN DIEGO UNIFIED PORT DISTRICT PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH A FREE BAYFRONT EXPO & CONCERT PROGRAM AT PEPPER PARK. (Community Services) ACTION: Adopted. See above. STATEMENT OF ECONOMIC INTERESTS REG ADMIN (503-10-1) 11. Resolution No. 2008-180. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2006-198. (City Attorney) ACTION: Adopted. See above. CONTRACT (C2008-59) 12. Resolution No. 2008-181. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE FY08 AGREEMENT WITH GTC SYSTEMS, INC. IN THE AMOUNT OF $7,590.00. (MIS) ACTION: Adopted. See above. CONTRACT (C2008-59) 13. Resolution No. 2008-182. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $39,000 WITH GTC SYSTEMS, INC. TO PROVIDE NETWORK ENGINEERING SERVICES IN SUPPORT OF THE NETWORK INFRASTRUCTURE UPGRADE. (MIS) ACTION: Adopted. See above. BUDGET FY 2008-2009 (206-1-24) 14. Resolution No. 2008-183. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE BUDGET FOR THE 2008-2009 FISCAL YEAR. (Finance) ACTION: Continued. See above. Book 90 / Page 183 09-02-2008 CONSENT CALENDAR (cont.) FIRE DEPT ADMIN (305-1-1) 15. SUBJECT: National City Fire Department's Quarterly Report, March -July 2008. (Fire) ACTION: Filed. See above. FINANCIAL MANAGEMENT 2007-2008 (204-1-23) 16. SUBJECT: National City Sales Tax Update — First Quarter 2008. (Finance) ACTION: Filed. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 17. Warrant Register #5 for the period of 07/23/08 through 07/29/08 in the amount of $1,624,742.96. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 18. Warrant Register #6 for the period of 07/30/08 through 08/05/08 in the amount of $752,228.46. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 19. Warrant Register #7 for the period of 08/06/08 through 08/12/08 in the amount of $2,651,934.52. (Finance) ACTION: Ratified. See above PUBLIC HEARINGS BLOCK GRANT PROGRAM ADMIN 2008-2009 (406-1-23) 20. Public Hearing — Fiscal year 2008-2009 Supplemental Funding Cycle for the CDBG and HOME Programs. (Community Development/Housing and Grants) RECOMMENDATION: Conduct a Public Hearing to solicit public input regarding the housing and community development needs. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to close the Public Hearing and approve staff and HUD recommendation. Carried by unanimous vote. Book 90 / Page 184 09-02-2008 PUBLIC HEARINGS (cont.) MUNICIPAL CODE 2008 (506-2-23) 21. Public Hearing — Amendment to Title 18 (Zoning) Chapter 18.142 of the National City Municipal Code pertaining to Residential Density Bonus and Affordable Housing Incentives and proposed Finding of No Significant Environmental Effect. (Applicant: City initiated) (Case File No. 2008-15 A) (Planning) RECOMMENDATION: Staff concurs with the recommendation of the Planning Commission. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Parra, to close the Public Hearing. Carried by unanimous vote. Motion by Parra, seconded by Ungab, to approve staff recommendation except to delete the 5 unit or less section and tier 1 and 2 concession. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2008 (403-23-1) 22. Notice of Decision — Planning Commission approval for a Conditional Use Permit for the expansion of an existing charter school on church property at 125 Palm Avenue. (Applicant: Sandra Dominguez, Integrity Charter School) (Case File 2008-29 M1 CUP-2003-11) (Planning) RECOMMENTATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to file. Carried by unanimous vote. CITY COUNCIL ADMIN (102-16-1) 23. SUBJECT: City Council approval of proposed rollout plan to webcast City Council Meetings. (City Manager) RECOMMENDATION: Staff recommends that the City Council approve the rollout plan to webcast City Council Meetings. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to approve staff recommendation. Carried by unanimous vote. Book 90 / Page 185 09-02-2008 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 24 (Warrant Register), Items No. 25 and 26 (Resolutions No. 2008-184 and 2008-185). Motion by Parra, seconded by Zarate, to pull continue Item No. 25 and approve the remainder of the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 24. Warrant Register for the period of 08/01/08 through 08/14/08 in the amount of $2,839,267.50. (Community Development Commission / Finance) ACTION: Ratified. See above. BUDGET FY 2008-2009 (206-1-24) 25. Resolution No. 2008-184. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) ADOPTING THE BUDGET FOR THE 2008-2009 FISCAL YEAR. (Finance) ACTION: Continued. See above. CONTRACT (C2007-9) 26. Resolution No. 2008-185. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) APPROVING A LEASE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR A TERM OF THREE YEARS ON AN APPROXIMATELY 1.1 ACRE PARCEL (559-040- 03) KNOWN AS THE "HISTORIC DEPOT" LOCATED AT 922 W. 23RD STREET, NATIONAL CITY, CA, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAID AGREEMENT. (Redevelopment Division) ACTION: Adopted. See above. ITEMS NO. 28 AND 29 WERE TAKEN UP NEXT NEW BUSINESS GRANGER HALL ADMIN (702-12-1) 28. SUBJECT: A request for direction on a previously booked Kiwanis Club event scheduled to be held at Granger Hall on September 19, 2008. (Redevelopment Division) RECOMMENDATION: Give permission for the event to be conducted with compliance to City Attorney's liability requirements. Book 90 / Page 186 09-02-2008 NEW BUSINESS (cont.) GRANGER HALL ADMIN (702-12-1) 28. SUBJECT: A request for direction on a previously booked Kiwanis Club event (continued). TESTIMONY: None. ACTION: Motion by Parra, seconded by Zarate, to approve scheduled use provided current requirements are met and staff to bring back policy or policies for future bookings and use. Carried by unanimous vote. STAFF REPORTS SPECIFIC PLAN — WESTSIDE (417-1-10) 29. SUBJECT: Points of Direction for the Westside Specific Plan. (Community Development) RECOMMENDATION: City Council accepts and files the report. TESTIMONY: Chris Wahl, representing the Smart Growth Coalition, clarified and expressed concerns about the grandfather clause, number of stories and height permitted, defining the scope of work and encouraging clean light industrial uses. Tony LoPresti, Environmental Health Coalition, spoke about height, density and defining `gross polluters'. ACTION: Following lengthy City Council comment and discussion, the following motion was made. Motion by Parra, seconded by Natividad, to move forward with the points of direction as clarified by the Mayor as far as other alternatives, we are looking at some areas with less density and less impact, looking at the west side of Wilson Avenue as a buffer to the freeway; consideration of increasing the incentive program, applying the grandfather clause as it relates to applicable law as well as changes in ownership or business, fire, earthquake or natural disasters and allowing expansion but only with a conditional use permit and subiect to current codes. The motion was further summarized by Mayor Morrison: "The motion is for maximum height of 65 feet and 50 feet, we stay within the current Jones and Stokes contract within reason to deal with that and we also dealt with the deal on grandfathering, that that be provided in there with those limitations, toxic will also be dealt with there, and staff will take a look at those areas as far as alternatives as far as density, two areas that were brought up, one is the incentive program and Wilson and you can bring back anything else that you feel makes sense". Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Zarate. Nays: Ungab. Absent: None. Abstain: None. Book 90 / Page 187 09-02-2008 NON CONSENT RESOLUTION CONTRACT (C2008-60) 27. Resolution No. 2008-186. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) APPROPRIATING LOW -MOD HOUSING FUNDS AND APPROVING AN AGREEMENT NOT TO EXCEED $120,725 WITH PYATOK ARCHITECTS, INC. TO USE A COMMUNITY DESIGN PROCESS TO CREATE A CONCEPT DESIGN FOR AN AFFORDABLE HOUSING PROJECT ON THE SITE OF AND IN THE VICINITY OF THE NATIONAL CITY PUBLIC WORKS CENTER. (Redevelopment Division) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Michael Pyatok, Pyatok Architects, responded to questions. ACTION: Motion by Parra, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS GRANGER HALL ADMIN (702-12-1) 28. SUBJECT: A request for direction on a previously booked Kiwanis Club event scheduled to be held at Granger Hall on September 19, 2008. (Redevelopment Division) ACTION: Taken up earlier. See above. STAFF REPORTS SPECIFIC PLAN — WESTSIDE (417-1-10) 29. SUBJECT: Points of Direction for the Westside Specific Plan. (Community Development) ACTION: Taken up earlier. See above. MAYOR AND CITY COUNCIL None. CLOSED SESSION ACTION: Motion by Parra, seconded by Natividad, to go into Closed Session. Carried by unanimous vote. Members retired into Closed Session at 9:49 p.m. Closed Session Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One Potential Case Book 90 / Page 188 09-02-2008 CLOSED SESSION REPORT (509-1-4) City Council / CDC Attorney George Eiser stated that there was nothing to report from the Closed Session. ADJOURNMENT The Meeting was adjourned from the Closed Session. The next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, September 16, 2008 at 6:00 p.m., Council Chamber, Civic Center. Ci Clerk / Rec rding Secretary The foregoing minutes were approved at the Regular Meeting of October 7, 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.