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.