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Home My WebLink About2009 01-20 CC CDC MINBook 91 / Page 13 01-20-2009 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA January 20, 2009 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:10 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Parra, Sotelo-Solis, Zarate. Administrative Officials present: Babaki, Baker, Dalla, Deese, Eiser, Post, 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 Michele Krug, San Diego, expressed thanks for the action taken regarding bus bench issues she brought to the Council's attention. Jovita Juarez, Institute for Public Strategies, expressed concerns about a local business selling the herb Salvia. INTERVIEWS/APPOINTMENTS SANDAG BOARD ADMIN & APPT (101-16-1) 1. SUBJECT: SANDAG Appointments. (City Council) ACTION: Mayor Morrison recommended that he remain as primary representative, Councilmember Parra be First Alternate and Councilmember Zarate Second Alternate to SANDAG. Motion by Parra, seconded by Sotelo-Solis, to approve the recommendation. Carried by unanimous vote. COUNCIL MEETING PRESENTATIONS 2009 (102-10-4) 2. SUBJECT: Retiree Health Care Update — City Manager and David Zietlow. City Manager Zapata reported a grievance has been filed and, therefore, no further report would be made at the meeting. Book 91 / Page 14 01-20-2009 COUNCIL MEETING PRESENTATION (cont.) COUNCIL MEETING PRESENTATIONS 2009 (102-10-4) 2. SUBJECT: Retiree Health Care Update — City Manager and David Zietlow (continued). Dabid Zietlow, a retired National City Fire Fighter, distributed written materials to Council and read prepared remarks on behalf of retirees opposing the proposed changes in health care cost allocation. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Item No. 4 (NCMC), Items No. 5 through 12 (Resolutions No. 2009-10 through 2009-17), Items No. 13 through 15 (Warrant Registers). Motion by Parra, seconded by Sotelo-Solis, to pull Item No. 10, and approve the remainder of the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 3. SUBJECT: Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of December 16, 2008. (City Clerk) ACTION: Approved. See above. MUNICIPAL CODE 2009 (506-2-24) 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) CONTRACT (C2008-32) 5. Resolution No. 2009-10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER NINE TO KOCH-ARMSTRONG GENERAL ENGINEERING, IN CONJUNCTION WITH THE NATIONAL CITY STREET RESURFACING PROJECT FY 08-09 (PHASE 2) IN THE AMOUNT OF $11,782.43 FOR FIELD ASSEMBLY SERVICES (LABOR) FOR THE INSTALLATION OF THE KIMBALL PARK SKATE PARK PROJECT AND AUTHORIZING THE MAYOR TO SIGN THE CHANGE ORDER. (Funded through Parks and Recreation Capital Outlay Funds) (Engineering) ACTION: Adopted. See above. Book 91 / Page 15 01-20-2009 CONSENT CALENDAR (cont.) CONTRACT (C2008-32) 6. Resolution No. 2009-11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER TEN TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FOR THE NATIONAL CITY STREET RESURFACING PROJECT FY 08-09 (PHASE 2) IN THE AMOUNT OF $20,135.00 FOR ASSEMBLY AND INSTALLATION OF THE NATIONAL CITY PARKS REHABILITATION FURNISHINGS PROJECT (PHASE 2) AND AUTHORIZING THE MAYOR TO SIGN THE CHANGE ORDER. (Funded through General Funds) (Engineering) ACTION: Adopted. See above. SUBDIVISIONS / VARIANCES 2009 (415-1-5) 7. Resolution No. 2009-12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL TO APPROVE, ACCEPT, AND FILE WITH THE COUNTY RECORDER TO RECORD A SUBDIVISION MAP FOR THE HILLTOP PROJECT LOCATED ON THE SOUTHWEST CORNER OF 8TH AND HARBISON AVENUE. (2007-24-S, CUP) (Engineering) ACTION: Adopted. See above. CONTRACT (C2009-4) 8. Resolution No. 2009-13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT NO. 0F51 WITH THE STATE DEPARTMENT OF TRANSPORTATION TO OBTAIN $900,000 OF STATE SAFE ROUTES TO SCHOOL FUNDS FOR THE INSTALLATION OF TRAFFIC SAFETY IMPROVEMENTS IN THE VICINITY OF 14 SCHOOLS CITYWIDE. (Funded by State Safe Routes to School Program Grant and City General Funds). (Engineering) ACTION: Adopted. See above. GRANT / LIBRARY (206-4-10) 9. Resolution No. 2009-14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $715,105 EXTENDED GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICES (CNCS) TO FUND LITERACY SERVICES THROUGH THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) AMERICORPS INITIATIVE PROGRAM FOR THE 2008-2009 YEAR. (Library) ACTION: Adopted. See above. Book 91 / Page 16 01-20-2009 CONSENT CALENDAR (cont.) LABOR RELATIONS MEA MOU 2007-2009 (605-4-9) CONTRACT (C2007-33) 10. Resolution No. 2009-15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, ADJUSTING THE WORK SCHEDULE AND BREAKS FOR POLICE DISPATCHERS. (Human Resources) **Continued from Council Meeting 1/6/2009** RECOMMENDATION: The item be pulled from the agenda to allow time for further review by the City Attorney's office. ACTION: Pulled pending completion of review. No vote taken. CONTRACT (C2009-5) 11. Resolution No. 2009-16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY, THE MILE OF CARS ASSOCIATION, INC., AND THE NATIONAL CITY CHAMBER OF COMMERCE FOR THE OPERATION, MAINTENANCE, AND IMPROVEMENT OF AN ELECTRONIC MESSAGE BOARD SIGN ON CITY PROPERTY ADJACENT TO THE 805 FREEWAY. (City Attorney) ACTION: Adopted. See above. COMMUNITY DEVELOPMENT ADMIN 2007- 2010 (406-2-12) 12. Resolution No. 2009-17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PURSUANT TO SECTION 33607.5 (B) OF THE CALIFORNIA HEALTH AND SAFETY CODE, ELECTING THAT THE CITY OF NATIONAL CITY RECEIVE ITS SHARE OF TIER 1 TAX INCREMENT FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, RETROACTIVE FROM FISCAL YEAR 2004-2005 TO FISCAL YEAR 2007-2008, IN THE AMOUNT OF $742,217. (Finance) ACTION: Adopted. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 13. Warrant Register #25 for the period of 12/10/08 through 12/16/08 in the amount of $3,079,949.30. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 14. Warrant Register #26 for the period of 12/17/08 through 12/23/08 in the amount of $131,731.84. (Finance) ACTION: Ratified. See above. Book 91 / Page 17 01-20-2009 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-26) 15. Warrant Register #27 for the period of 12/24/08 through 12/30/08 in the amount of $1,348,792.83. (Finance) ACTION: Ratified. See above. PUBLIC HEARING BLOCK GRANT PROGRAM ADMIN 2009-2010 (406-1-24) 16. Continued Public Hearing — Fiscal Year 2009-2010 Funding Cycle for the CDBG and HOME Programs. The purpose of Public Hearing No. 1 is to review community needs, discuss eligible activities for both the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs, and solicit public comments and input regarding the use of these funds. (Housing and Grants Division/Community Development) **Continued from Council Meeting 1 /6/2009** RECOMMENDATION: Conduct a Public Hearing to solicit public input regarding housing and community development needs. TESTIMONY: None. ACTION: There was a consensus to fund service projects at the full 15% allowed by HUD. There was no vote. Motion by Parra, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. ORDINANCE FOR ADOPTION MUNICIPAL CODE 2009 (506-2-24) 17. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 2.04, "DISPENSING WITH MEETINGS" BY PROVIDING GREATER SPECIFICITY TO THE PROVISION THAT THE CITY COUNCIL DOES NOT MEET ON AN ELECTION DAY WHEN A CANDIDATE FOR A NATIONAL CITY OFFICE OR A NATIONAL CITY MEASURE APPEARS ON THE BALLOT. (City Attorney) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Parra, to adopt the Ordinance. Carried by unanimous vote. Book 91 / Page 18 01-20-2009 NEW BUSINESS KIMBALL PARK ADMIN (702-1-1) 18. SUBJECT: Request Council direction for the type of playing surface to be used for the Kimball Park Soccer Project. (Engineering/Community Services) RECOMMENDATION: Move forward on the project with a natural turf playing surface. TESTIMONY: None. ACTION: After discussion by the Council the consensus was to have staff make additional inquires of vendors and compile additional information for an artificial turf playing surface. There was no vote. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Items No. 19 through and 21 (Warrant Registers), Item No. 22 (Report), Item No. 19 (Resolution No. 2009-16). Motion by Sotelo-Solis, seconded by Zarate, to approve the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 19. Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,298,633.22 to the City of National City for the period of 12/10/08 through 12/16/08. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $806.82 to the City of National City for the period of 12/17/08 through 12/23/08. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $5,826.08 to the City of National City for the period of 12/24/08 through 12/30/08. (Finance) ACTION: Approved. See above. Book 91 / Page 19 01-20-2009 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2008-2009 (204-1-24) CITYWIDE HOUSING ADMIN (303-4-1) 22. SUBJECT: Submission of the annual report of Financial Transactions and Housing and Community Development Annual Report of housing activity to the State Controller for the Fiscal Year 2007-2008. (Finance) **Continued from Council Meeting 1/6/2009** ACTION: Accepted and filed. See above. CONTRACT (C2009-6) 23. Resolution No. 2009-18. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC. FOR AS -NEEDED ECONOMIC AND REDEVELOPMENT LAW CONSULTING SERVICES FOR A ONE YEAR PERIOD NOT TO EXCEED $50,000. (Redevelopment Division) ACTION: Adopted. See above. Mayor Morrison left the Council Chamber at 7:01 p.m. NEW BUSINESS FINANCIAL MANAGEMENT 2008-2009 (204-1-24) 24. SUBJECT: Annual Financial Reports for the Fiscal Year Ended June 30, 2008. (Finance) **Continued from Council Meeting 1/6/2009** ACTION: Motion by Parra, seconded by Zarate, to postpone acceptance until March 3, 2009 per auditor's recommendation. Carried by the following vote, to -wit: Ayes: Parra, Sotelo-Solis, Zarate. Nays: None. Absent: Morrison. Abstain: None. CLOSED SESSION REPORT (509-1-4) City Council / CDC Attorney George Eiser stated that there was nothing to report from the Special Meeting Closed Session held at 5:00 p.m. (See Attached Exhibit `L') STAFF REPORT FIRE DEPT ADMIN (305-1-1) 25. SUBJECT: National City Fire Department Quarterly Report for the period August 1 — November 30, 2008. (Fire) ACTION: Accepted and filed. Mayor Morrison returned to the Council Chamber at 7:04 p.m. Book 91 / Page 20 01-20-2009 MAYOR AND CITY COUNCIL CITY COUNCIL VACANCY (102-15-2) 26. SUBJECT: Decision on Council Vacancy Appointment. (City Council) Darryl Gorham, the only applicant unable to be present for interviews held on January 13th was asked to come forward. Mr. Gorham was interviewed and responded to questions. TESTIMONY: The following individuals spoke in support of appointing Mona Rios to the vacant seat on the City Council: Elizabeth Martinez, Chula Vista, on behalf Assemblywoman Salas. Gonzalo Quintero, Chula Vista, representing the San Diego County Democratic Party Central Committee. Eddie Perez, San Diego. Diosdado San Roque, National City. Jose Medina, National City Richard Barrera, San Diego. The following individuals spoke in support of appointing Jess Van Deventer to the vacant seat on the City Council: Alfonso Hernandez, National City Dukie Valderrama, National City Edna Concepcion, Bonita, spoke in support of appointing Fideles Ungab to the vacant seat on the City Council. Jacqueline Reynoso, National City, representing the Chamber of Commerce, distributed a letter and spoke in support of appointing a business person to the City Council. (Copy on file in the Office of the City Clerk) The following individuals submitted speaker slips in support of appointing Mona Rios, but declined to speak: Ken Seaton-Msemaji, San Diego. Jim Melillo, National City Cathy Alvarado, National City Theresa Perez, National City Irma Tranquilino, National City Luz Amador, National City Norma Noriega, National City Adriana Calderon, National City Balvanera San Roque, National City Michelle Krug, San Diego Erma Militar, National City Book 91 / Page 21 01-20-2009 MAYOR AND CITY COUNCIL (cont.) CITY COUNCIL VACANCY (102-15-2) 26. SUBJECT: Decision on Council Vacancy Appointment (continued). (City Council) Mayor Morrison stated that there were eight individuals who successfully completed the application process and were therefore eligible to be considered for appointment. For the first round of voting, each Council Member would receive a written ballot and vote for two candidates. Ballots were distributed for the first round of voting. City Clerk Dalla tallied the votes and reported the results as follows: Candidate Votes Votes Cast By Janice Martinelli 1 Zarate Fideles Ungab 1 Morrison Frank Lopez 2 Parra, Sotelo-Solis Mona Rios 2 Parra, Sotelo-Solis JessVan Deventer 2 Morrison, Zarate The consensus of the City Council was that only those who received two votes would proceed to the next round. There was no vote. Ballots were distributed for the second round of voting. City Clerk Dalla tallied the votes and reported the results as follows: Candidate Votes Votes Cast By Frank Lopez 1 Parra Mona Rios 1 Sotelo-Solis Jess Van Deventer 2 Morrison, Zarate Ballots were distributed for the third round of voting. City Clerk Della tallied the votes and reported the results as follows: Candidate Votes Votes Cast By Mona Rios 2 Parra, Sotelo-Solis Jess Van Deventer 2 Morrison, Zarate Ballots were distributed for the fourth round of voting. City Clerk Dalla tallied the votes and reported the results as follows: Candidate Votes Votes Cast By Mona Rios 1 Sotelo-Solis Jess Van Deventer 3 Morrison, Parra, Zarate ACTION: Motion by Parra, seconded to Zarate, to appoint Jess Van Deventer to the City Council to a term expiring December 2010. Carried by unanimous vote. Book 91 / Page 22 01-20-2009 MAYOR AND CITY COUNCIL (cont.) CITY COUNCIL VACANCY (102-15-2) 26. SUBJECT: Decision on Council Vacancy Appointment (continued). (City Council) City Clerk Michael Dalla administered the Oath of Office to newly appointed Council Member Jess Van De Venter who then took his seat at the dais. Member Parra asked to get follow up reports on the store selling the herb Salvia and on the status of the health insurance issue for retirees. Member Sotelo-Solis reported on the successful inauguration event held at the Martin Luther King Community Center and expressed appreciation and thanks to the staff and all those who participated. Member Van Deventer thanked everyone for their support, introduced his wife Sharon and pointed out that the City Council can still proudly claim to be comprised entirely of Sweetwater High School Alumni. Mayor Morrison presented two checks to the City Manager from the Regional Solid Waste Authority; one for $13,798 and the other for $14,549. Mayor Morrison gave details about the current and looming water crisis confronting the region and the need to reduce water usage. Mayor Morrison acknowledged with appreciation, staff's successful efforts to have the Presidential photograph of Barack Obama properly and timely displayed in the Council Chamber. ADJOURNMENT ACTION: Motion by Sotelo-Solis, seconded by Zarate, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, February 3, 2009 at 6:00 p.m., Council Chamber, Civic Center. Carried by unanimous vote. The meeting closed at 8:28 p.m. Ci Clerk / R ording Secretary Book 91 / Page 23 01-20-2009 ADJOURNMENT (cont.) The foregoing minutes were approved at the Regular Meeting of February 17, 2009. Mayor / CDC Chairman TAPE RECORDINGS OF CITY COUNCIL/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 LARGE CONFERENCE ROOM CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JANUARY 20, 2009 5:00 P.M. ROLL CALL CLOSED SESSION 1. Public Employee Performance Evaluation — Government Code Section 54957 Title: City Attorney 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Intiation of Litigation Pursuant to Government Code Section 54956.9(c) 38 Potential Cases 3. LIABILITY CLAIM Government Code Section 54956.95 Worker's Compensation Claim Agency Claimed Against: City of National City ADJOURNMENT Next Regular City Council/CDC Meeting - Tuesday, January 20, 2009 — 6:00 p.m. — Council Chambers, Civic Center