HomeMy WebLinkAbout2008 11-18 CC CDC MINBook 90 / Page 221
11-18-2008
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION OF
NATIONAL CITY, CALIFORNIA
November 18, 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, Chapin, Dalla, Deese, Duong,
Eiser, Juniel, Raulston, Rodriguez, Smith, Stevenson, Zapata.
Others present: City Treasurer George Hood and Student Representatives
Marcos Martinez and Evita Pineda.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Toni LoPresti, Environmental Health Coalition, urged the City to include residents
in the selection process for the developer of the Transit Oriented development
project at the Public Works Yard.
PRESENTATIONS
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
1. SUBJECT: 25-Year Anniversary Recognition — William C. Strasen, Police
Sergeant
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
2. SUBJECT: Employee of the Month of November 2008 — Lilibeth Aguelo,
Senior Office Assistant
CITY COUNCIL
CONSENT CALENDAR
Book 90 / Page 222
11-18-2008
ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Item No. 4
(NCMC), Items No. 5 through 14 (Resolutions No. 2008-230 through 2008-239),
Items No. 15 and 16 (Report), Items No. 17 through 21 (Warrant Registers).
Motion by Parra, seconded by Zarate, to pull Item No. 12 and approve the
remainder of the Consent Calendar. Carried by the unanimous vote.
APPROVAL OF MINUTES
3. SUBJECT: Approval of the Minutes of the Regular City
Council/Community Development Commission Meeting of October 21,
2008. (City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2008 (506-2-23)
4. 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. (City Clerk)
TRANSPORTATION RAILROADS / RAILWAYS (802-6-1)
5. Resolution No. 2008-230. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY IN SUPPORT OF THE RAILS -TO -
TRAILS CONSERVANCY'S 2010 CAMPAIGN FOR ACTIVE
TRANSPORTATION. (City Manager)
ACTION: Adopted. See above.
CONTRACT (C2008-61)
6. Resolution No. 2008-231. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH BUSTAMANTE & ASSOCIATES FOR
SIX MONTHS IN THE AMOUNT OF $36,000 TO PERFORM
GOVERNMENT AFFAIRS CONSULTING SERVICES. (City Manager)
ACTION: Adopted. See above.
GRANT / LAW ENFORCEMENT (302-1-2)
7. Resolution No. 2008-232. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE
DEPARTMENT TO PARTICIPATE IN THE BUREAU OF JUSTICE
ASSISTANCE BULLETPROOF VEST PARTNERSHIP GRANT
PROGRAM THAT WILL REIMBURSE THE CITY $8,348.93 OVER A
TWO YEAR PERIOD. (Police)
ACTION: Adopted. See above.
Book 90 / Page 223
11-18-2008
CONSENT CALENDAR (cont.)
EQUIPMENT PURCHASE ADMIN (209-1-1)
8. Resolution No. 2008-233. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING A SOLE SOURCE
PURCHASE FROM AND INSTALLATION BY COMP VIEW IN THE
AMOUNT OF $40,224.79 FOR AN AUDIO VISUAL/COMMUNICATION
SYSTEM FOR THE BRIEFING ROOM AT THE POLICE DEPARTMENT
TO SERVE AS AN OPERATION CENTER DURING A MAJOR
INCIDENT. (Police)
ACTION: Adopted. See above.
ENCROACHMENT AGREEMENT ADMIN 2008 (903-14-2)
9. Resolution No. 2008-234. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE
RECORDATION OF AN ENCROACHMENT AGREEMENT WITH EXXON
MOBIL OIL CORPORATION FOR THE INSTALLATION OF THREE
ADDITIONAL GROUNDWATER MONITORING WELLS ADJACENT TO
10 OSBORN STREET ON DIVISION STREET BETWEEN ROOSEVELT
AVENUE AND OSBORN STREET, ON ROOSEVELT AVENUE SOUTH
OF DIVISION STREET AND IN THE ALLEY BETWEEN DIVISION
STREET AND NATIONAL CITY BOULEVARD. (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2008-92)
10. Resolution No. 2008-235. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RATIFYING A GRANT AGREEMENT IN
THE AMOUNT OF $75,000 FROM THE COUNTY OF SAN DIEGO TO
CONSTRUCT A SIDEWALK ALONG THE NORTH SIDE OF
SWEETWATER ROAD BETWEEN EUCLID AVENUE AND PROSPECT
STREET IN CONJUNCTION WITH THE STREETS AND RESURFACING
PROJECT AND ESTABLISHING APPROPRIATIONS OF SAID FUNDS.
(Engineering)
ACTION: Adopted. See above.
CONTRACT (C2008-93)
11. Resolution No. 2008-236. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO 3-D
ENTERPRISES IN THE AMOUNT OF $109,400 FOR CONSTRUCTION
OF THE STORM DRAIN PROJECT (SPECIFICATION #08-12) ON
MARINA WAY. (Funded by Tax Increment Funds). (Engineering)
**Companion Item #34**
ACTION: Adopted. See above.
Book 90 / Page 224
11-18-2008
CONSENT CALENDAR (cont.)
CONTRACT (C2008-94)
12. Resolution No. 2008-237. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO
WHILLOCK CONTRACTING, INC., IN THE AMOUNT OF $137,779.50
FOR THE DEMOLITION AND DISPOSAL OF BUILDINGS LOCATED AT
2300 CLEVELAND AVENUE AND 830 23RD STREET. (Funded through
Tax Increment Funds) (Engineering) **Companion Item #35**
TESTIMONY: Alfonso Hernandez, National City, inquired about the
use of tax increment funding for the project.
ACTION: Motion by Zarate, seconded by Parra, to adopt the
Resolution. Carried by unanimous vote.
ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1)
CONTRACT (C2008-95)
13. Resolution No. 2008-238. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION
OF REIMBURSABLE GRANT FUNDS IN THE NOT -TO -EXCEED
AMOUNT OF $150,000 FROM THE REVENUE ACCOUNT TO THE
PROJECT EXPENDITURE ACCOUNT FOR THE FOR THE STREET
RESURFACING PROJECT PHASE 2. (Funded by CIWMB Grant for
Rubberized Asphalt Concrete Chip Seal) (Engineering)
ACTION: Adopted. See above.
UNDERGROUND UTILITY DISTRICTS ADMIN (904-1-1)
14. Resolution No. 2008-239. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ESTABLISHING BOUNDARY FOR AN
UNDERGROUND UTILITY DISTRICT AT PLAZA BONITA ROAD FROM
APPROXIMATELY SIX HUNDRED FEET (600') NORTH OF THE
INTERSECTION OF BONITA MESA ROAD SOUTH TO THE
SOUTHERLY CITY LIMIT TO FACILITATE THE COUNTY OF SAN
DIEGO'S WORK FOR THE PURPOSES OF CONVERTING THE 64 K
VOLT POWER TRANSMISSION LINES FROM OVERHEAD TO
UNDERGROUND FACILITIES. (Engineering)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2008-2009 (204-1-24)
15. SUBJECT: National City Sales Tax Update — Second Quarter 2008.
(Finance)
ACTION: Filed. See above.
FINANCIAL MANAGEMENT 2008-2009 (204-1-24)
16. SUBJECT: Investment Report for Quarter ended September 30, 2008.
(Finance)
ACTION: Filed. See above.
Book 90 / Page 225
11-18-2008
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
17. Warrant Register #14 for the period of 09/24/08 through 09/30/08 in the
amount of $494,946.43. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
18. Warrant Register #15 for the period of 10/01/08 through 10/07/08 in the
amount of $3,789,184.93. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
19. Warrant Register #16 for the period of 10/08/08 through 10/14//08 in the
amount of $1,353,257.69. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
20. Warrant Register #17 for the period of 10/15/08 through 10/21/08 in the
amount of $1,604,739.95. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
21. Warrant Register #18 for the period of 10/22/08 through 10/28/08 in the
amount of $3,572,090.51. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS
SUBDIVISIONS / VARIANCES 2008 (415-1-4)
22. Public Hearing — Modification of Conditions of Approval for a previously
approved five lot subdivision map to waive undergrounding existing
utilities at 940 East 16tt' Street. (Applicant: Janice Martinelli) (Case File
No. 2008-31 M1, (2007-15 S) (Planning)
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission to approve the request.
TESTIMONY: None.
ACTION: The Hearing was trailed to the end of the meeting. At the
conclusion of the meeting, when no representative appeared the
following action was taken: Motion by Parra, seconded by Zarate,
to continue Public Hearing. Carried by unanimous vote.
Book 90 / Page 226
11-18-2008
SPECIAL RECOGNITION
The parents and family of Mr. Gabby Soriano were introduced and invited to
come forward. Gabby Soriano, Management Information Systems Administrator
and nine year employee of the City, died on November 14, 2008. Condolences
and kind words were shared. Mayor Morrison said that the Council meeting
would be adjourned in honor of Gabby and that flags would be lowered to half-
mast. Gabby's mother thanked everyone for their support and prayers.
PUBLIC HEARINGS (cont.)
CONDITIONAL USE PERMITS 2008 (403-23-1)
23. Public Hearing — Modification of a Conditional Use Permit to reconfigure
previously approved parking and open space for a duplex behind an
existing home at 720 I Avenue. (Applicant: Jesus Gonzalez) (Case File
M1 CUP-2002-17) (Planning)
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission to approve the CUP based on specific findings and subject to
specific conditions
TESTIMONY: Jesus Gonzalez, the applicant, spoke in support.
ACTION: Motion by Parra, seconded by Natividad, to close Public
Hearing. Carried by unanimous vote. Motion by Parra, seconded
by Ungab, to approve staff recommendation based on the specific
findings and subiect to the same conditions enumerated by the
Planning Commission. Carried by unanimous vote.
Member Zarate disclosed that, in order to avoid the appearance of a conflict, she
would excuse herself from the Council Chamber and abstain on Item No. 24.
Member Zarate left the Council Chamber at 6:55 p.m.
CONDITIONAL USE PERMITS 2008 (403-23-1)
24. Public Hearing — A Conditional Use Permit for the expansion of a Food
Mart and for accessory beer and wine sales at an existing gas station at
1803 Highland Avenue. (Applicant: Fred Karim) (Case File 2008-25 CUP)
(Planning)
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission to deny the CUP based on specific findings.
EXPARTE DISCLOSURE: Vice Mayor Parra disclosed that he had
contact with proponents and opponents. Member Natividad disclosed that
he had contact with the applicant.
TESTIMONY: Arkan Somo, representing the applicant, spoke in
support.
Jovita Juarez, Institute for Public Strategies, spoke in opposition
and distributed written materials. (Copy on file in the Office of the
City Clerk.)
Book 90 / Page 227
11-18-2008
PUBLIC HEARINGS (cont.)
CONDITIONAL USE PERMITS 2008 (403-23-1)
24. Public Hearing — A Conditional Use Permit (continued).
TESTIMONY: Harry Bennett, National City, spoke in opposition.
Sam Salem, representing the applicant, spoke in support and
submitted a petition. (Copy on file in the Office of the City Clerk)
Alam Verdugo, National City, spoke in opposition.
James Grier, National City, spoke in opposition.
Three individuals submitted speaker slips in support but declined to
speak.
Three individuals submitted speaker slips in opposition but declined
to speak.
ACTION: Motion by Parra, seconded by Natividad, to close the
Public Hearing. Carried by unanimous vote. Motion by Parra,
seconded by Morrison, to approve the Conditional Use Permit with
all conditions of staff and based on the findings. Carried by the
following vote, to -wit: Ayes: Morrison, Parra, Ungab. Nays:
Natividad. Absent: None. Abstain: Zarate.
Member Zarate returned to the Council Chamber at 7:20 p.m.
ORDINANCE FOR INTRODUCTION
MUNICIPAL CODE 2008 (506-2-23)
25. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF NATIONAL CITY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM TO PROVIDE FOR THE MERGER OF THE
CITY OF NATIONAL CITY WITH THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY FOR PURPOSES OF
THE RETIREMENT SYSTEM. (Finance)
NON CONSENT RESOLUTION
CONTRACT (C2002-33)
26. Resolution No. 2008-240. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO APPROVE AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY TO PROVIDE FOR
THE MERGER OF THE CITY OF NATIONAL CITY WITH THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY FOR PURPOSES OF THE RETIREMENT SYSTEM.
(Finance)
Book 90 / Page 228
11-18-2008
CONTRACT (C2002-33)
26. Resolution No. 2008-240 (continued)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Morrison, to adopt the
Resolution. Carried by unanimous vote.
NEW BUSINESS
POLICITAL SUPPORT ADMIN (102-4-1)
27. SUBJECT: Request City Council approval on the framework for National
City's revised Legislative & Judicial Platform. (City Manager)
RECOMMENDATION: City Council to approve the framework for National
City's Legislative & Judicial Platform.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Zarate, to move forward
and consider the item again at the meeting on December 16th,
2008. Carried by unanimous vote.
TEMPORARY USE PERMITS 2008 (203-1-24)
28. SUBJECT: Temporary Use Permit — Pancake Breakfast hosted by the
FFA 2744 in conjunction with "Spirit of the Holidays" on November 22,
2008 at Fire Station #34 Headquarters with no waiver of fees.
(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: Mike Majia, FFA representative, requested waiver of
fees.
ACTION: Motion by Parra, seconded by Ungab, to approve the
Temporary Use Permit and waiver of fees. Carried by unanimous
vote.
TEMPORARY USE PERMITS 2008 (203-1-24)
29. SUBJECT: Temporary Use Permit — 16th Annual Fiesta Filipiniana
Karaoke Competition hosted by the Seafood City Supermarket on
December 6, 2008 from 10 a.m. to 10 p.m. at 1420 Plaza Blvd. with no
waiver of fees. (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 Zarate, seconded by Natividad, to approve
staff recommendation. Carried by unanimous vote.
Book 90 / Page 229
11-18-2008
TEMPORARY USE PERMITS 2008 (203-1-24)
30. SUBJECT: Temporary Use Permit — Tijuana Toy Run hosted by the
Sweetwater Motorcycles, Inc. on December 14, 2008 at 3201 Hoover
Avenue with no waiver of fees. (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 Morrison, to approve
staff recommendation. Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Items No. 31 (Warrant Register), Item
No. 32 (Report), Items No. 33 through 35 (Resolutions No. 2008-241 through
2008-243). Motion by Natividad, seconded by Zarate, to approve the Consent
Calendar. Carried by unanimous vote.
WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23)
31. SUBJECT: Authorize the reimbursement of Community Development
Commission expenditures in the amount of $1,427,519.77 to the City of
National City for the month of October 2008. (Finance)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2008-2009 (204-1-24)
32. SUBJECT: Investment Report for Quarter ended September 30, 2008.
(Finance)
ACTION: Filed. See above.
CONTRACT (C2006-28)
33. Resolution No. 2008-241. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING THE FOURTH AMENDMENT TO EXCLUSIVE
NEGOTIATION AGREEMENT BETWEEN THE COMMUNITY
DEVELOPMENT COMMISSION AND PALM PLAZA ASSOCIATES, LLC
FOR THE FORMER DAYS INN SITE. (Redevelopment Division)
ACTION: Adopted. See above.
Book 90 / Page 230
11-18-2008
CONSENT CALENDAR (cont.)
BUDGET TRANSFERS ADMIN (103-2-4)
34. Resolution No. 2008-242. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING THE TRANSFER OF FUNDS IN THE NOT -TO -
EXCEED AMOUNT OF $147,690 FROM THE TAX INCREMENT
UNDESIGNATED FUND BALANCE TO THE MARINA WAY STORM
DRAIN PROJECT EXPENDITURE ACCOUNT. (Engineering)
**Companion Item #11 **
ACTION: Adopted. See above.
BUDGET TRANSFERS ADMIN (103-2-4)
35. Resolution No. 2008-243. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) AUTHORIZING THE APPROPRIATION OF FUNDS IN THE
AMOUNT OF $187,000 FROM THE TAX INCREMENT UNDESIGNATED
FUND BALANCE TO THE DEMOLITION AND DISPOSAL OF
BUILDINGS ACCOUNT FOR DEMOLITION AND DISPOSAL OF
BUILDINGS LOCATED AT 2300 CLEVELAND AVENUE AND 830 23RD
STREET PROJECT. (Engineering) **Companion Item #12*
ACTION: Adopted. See above.
NEW BUSINESS
STAFF REPORTS
City Manager Chris Zapata expressed thanks to Councilmember Ungab for his
service to the community the past two years and wished him continued success.
MAYOR AND CITY COUNCIL
Member Zarate complimented the Public Works Department staff for a recent
clean-up project they completed.
Member Natividad thanked Councilmember Ungab for his cooperation and hard
work on behalf of the community.
Member Parra praised staff for their quick response to assist a new homeowner
with problems at their residence.
Book 90 / Page 231
11-18-2008
ADJOURNMENT
The meeting was adjourned in memory of Mr. Gabby Soriano.
The next Regular Meeting of the City Council and Community Development
Commission to be held Tuesday, December 2, 2008 at 6:00 p.m., Council
Chamber, Civic Center.
The meeting closed at 7:45 p.m.
City Clerk / Recording Secretary
The foregoing minutes were approved at the Regular Meeting of December 2,
2008.
Mayor / CDC Chairman
TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE
FOR SALE IN THE CITY CLERK'S OFFICE