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HomeMy WebLinkAbout2009 02-17 CC CDC MINBook 91 / Page 32 02-17-2009 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA February 17, 2009 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:01 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Administrative Officials present: Babaki, Dalla, Deese, Eiser, Hodges, Juniel, Ladrido, 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 Darryl Gorham, National City, voiced his displeasure with recent news articles about the appointment to fill the vacancy on the City Council. Jacqueline Reynoso, Executive Director of the Chamber of Commerce, on behalf of the Chamber, presented a Certificate of Recognition to City Manager Chris Zapata for his five years of service to National City. CLOSED SESSION REPORT (509-1-4) City Council / CDC Attorney George Eiser reported that in the 5:00 p.m. Closed Session the Council / CDC took action to direct the filing of petition for review before Supreme Court in the matter of the Community Youth Athletic Center vs. the City of National City and Community Development Commission. (See Exhibit 'L') PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2009 (102-10-4) 1. SUBJECT: Boys & Girls Club Presentation and Request for City Financial Support. TESTIMONY: Boys and Girls Club representatives Allie Pruitt and Danny Sherlock presented their request for funding and responded to questions. Item No. 22 was taken up next. Book 91 / Page 33 02-17-2009 NON CONSENT RESOLUTIONS BOYS / GIRLS CLUB ADMIN (109-5-1) BUDGET FY 2008-2009 (206-1-24) 22. Resolution No. 2009-38. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TOTAL ALLOCATION OF $240,000 TO THE BOYS & GIRLS CLUB OF GREATER SAN DIEGO, FORMERLY KNOWN AS THE BOYS & GIRLS CLUB OF NATIONAL CITY. (City Manager) RECOMMENDATION: In accordance with the City Council's action on June 10, 2008 staff recommends the Council consider the appropriation of the remaining $120,000, to the Boys & Girls Clubs of Greater San Diego, Inc. at the rate of $20,000 per month to be paid quarterly in January and April, 2009. The proposed resolution would memorialize the City Council's approval of the total allocation of $240,000 to the Boys & Girls Clubs of Greater San Diego, Inc. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Parra, to adopt the Resolution. Carried by unanimous vote. PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2009 (102-10-4) FIRE DEPT ADMIN (305-1-1) 2. SUBJECT: Presentation — Fire Response Study for the National City Department. (Fire) TESTIMONY: Stewert Gary, representing Citygate Associates, LLC, the City's consultant, made a presentation on the findings of their Fire Response Study. (Copy on file in the Office of the City Clerk) ACTION: Accepted. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Items No. 4 through 14 (Resolutions No. 2009-25 through 2009-35), Items No. 15 and 16 (Warrant Registers), Items No. 17 and 18 (Reports). Motion by Parra, seconded by Sotelo-Solis, to pull Item Nos. 4 and 9, and approve the remainder of the Consent Calendar. Carried by unanimous vote. Book 91 / Page 34 02-17-2009 CONSENT CALENDAR (cont.) APPROVAL OF MINUTES 3. SUBJECT: Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of January 20, 2009. (City Clerk) ACTION: Approved. See above. CONTRACT (C2009-12) 4. Resolution No. 2009-25. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO L.B. CIVIL CONSTRUCTION, INC. IN THE AMOUNT OF $1,060,500.30 FOR CONSTRUCTION IMPROVEMENTS ASSOCIATED WITH THE BAY MARINA DRIVE WIDENING PROJECT FUNDED BY TAX INCREMENT FUNDS. (Engineering) ACTION: Motion by Van Deventer, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2009-13) 5. Resolution No. 2009-26. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH KLEINFELDER WEST, INC. TO PROVIDE CONSTRUCTION MATERIAL TESTING SERVICES FOR THE BAY MARINA DRIVE WIDENING PROJECT IN THE AMOUNT NOT -TO -EXCEED $29,000 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Funds are available in the tax increment fund. (Engineering) ACTION: Adopted. See above. CONTRACT (C2009-14) 6. Resolution No. 2009-27. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN UNDERGROUND CONVERSION AGREEMENT WITH PACIFIC BELL TELEPHONE COMPANY (DBA AT&T) IN THE AMOUNT NOT -TO -EXCEED $8,182.17, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT IN CONJUNCTION WITH THE MARINA GATEWAY IMPROVEMENTS. Funds are available in the Tax Increment Fund. (Engineering) ACTION: Adopted. See above. Book 91 / Page 35 02-17-2009 CONSENT CALENDAR (cont.) CONTRACT (C2009-15) 7. Resolution No. 2009-28. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN UNDERGROUND CONVERSION AGREEMENT WITH SAN DIEGO GAS & ELECTRIC (SDG&E) IN THE AMOUNT NOT -TO -EXCEED $267,603 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. FUNDS ARE AVAILABLE IN THE TAX INCREMENT FUND IN CONJUNCTION WITH THE MARINA GATEWAY IMPROVEMENTS. (Engineering) ACTION: Adopted. See above. CONTRACT (C2009-16) 8. Resolution No. 2009-29. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH WADE AND ASSOCIATES FOR CONSTRUCTION MANAGEMENT FOR THE BAY MARINA DRIVE WIDENING PROJECT IN THE AMOUNT NOT -TO -EXCEED $71,861 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Funds are available in the Tax Increment Fund. (Engineering) ACTION: Adopted. See above. CONTRACT (C2008-25) 9. Resolution No. 2009-30. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM C.T. GEORGIOU PAINTING COMPANY, APPROVING THE FINAL CONTRACT AMOUNT OF $35,443.75, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY CITY PARKS REHABILITATION PAINTING PROJECT. (Funded through General Funds) (Engineering) ACTION: Motion by Zarate, seconded by Van Deventer, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2009-17) 10. Resolution No. 2009-31. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BRG CONSULTING, INC. IN THE AMOUNT NOT -TO -EXCEED $135,729 TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND RELATED TECHNICAL STUDIES FOR AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN. (Case No. SP-2005-3) (Applicant: Library Village South, Inc.) (Planning & Building) ACTION: Adopted. See above. Book 91 / Page 36 02-17-2009 CONSENT CALENDAR (cont.) CONTRACT (C2009-18) 11. Resolution No. 2009-32. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE COUNTY OF SAN DIEGO HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES (EMS) AND THE CITY OF NATIONAL CITY FOR THE PROCUREMENT, TRANSPORT, STORAGE, DISTRIBUTION AND ADMINISTRATION OF DANGEROUS DRUGS AND DEVICES. (Fire) ACTION: Adopted. See above. CONTRACT (C2005-43) 12. Resolution No. 2009-33. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY MEDICAL SERVICES (EMS) AND THE CITY OF NATIONAL CITY TO PROVIDE ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER SERVICES. (Fire) ACTION: Adopted. See above. EQUIPMENT PURCHASE ADMIN (209-1-1) GRANT / FIRE DEPT (206-4-13) 13. Resolution No. 2009-34. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $58,424 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT AND TRAINING FOR THE POLICE AND FIRE DEPARTMENTS FROM THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM. (Fire) ACTION: Adopted. See above. GRANT / FIRE DEPT (206-4-13) 14. Resolution No. 2009-35. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF GRANT ASSURANCES FOR THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM. (Fire) ACTION: Adopted. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 15. Warrant Register #30 for the period of 01/14/09 through 01/20/09 in the amount of $389,457.44. (Finance) ACTION: Ratified. See above. Book 91 / Page 37 02-17-2009 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 16. Warrant Register #31 for the period of 01/21/09 through 01/27/09 in the amount of $1,389,840.80. (Finance) ACTION: Ratified. See above. FINANCIAL MANAGEMENT 2008-2009 (204-1-24) 17. SUBJECT: National City Sales Tax Update — Third Quarter 2008. (Finance) ACTION: Filed. CITY ATTORNEY REPORTS (509-1-3) 18. Disclosure of property interests located within redevelopment project area; Councilman Jess Van Deventer. (City Attorney) ACTION: Filed. PUBLIC HEARING ZONING 2009 (506-1-24) 19. 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 Negative Declaration. (Applicant: City Initiated) (Case File No. 2008-15-A) (Planning) RECOMMENDATION: Staff concurs with the recommendation of the Planning Commission and recommends approval of the amendment. TESTIMONY: None. ACTION: Motion by Parra, seconded by Van Deventer, to close the Public Hearing and approve staff recommendation. Carried by unanimous vote. NON CONSENT RESOLUTIONS LABOR RELATIONS CITY MANAGER (605-13-1) 20. Resolution No. 2009-36. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADJUSTING THE COMPENSATION OF THE CITY MANAGER TO PROVIDE THAT THE CITY MANAGER SHALL PAY TWO PERCENT OF THE PERS EMPLOYER -PAID MEMBER CONTRIBUTION FOR THAT POSITION. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. Book 91 / Page 38 02-17-2009 NON CONSENT RESOLUTIONS (cont.) LABOR RELATIONS CITY ATTORNEY (605-11-1) 21. Resolution No. 2009-37. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADJUSTING THE COMPENSATION OF THE CITY ATTORNEY BY ESTABLISHING THE SALARY AND ELIMINATING THE CAR ALLOWANCE FOR THAT POSITION, AND PROVIDING THAT THE CITY ATTORNEY SHALL PAY TWO PERCENT OF THE PERS EMPLOYER -PAID MEMBER CONTRIBUTION FOR THAT POSITION. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Parra, to adopt the Resolution. Carried by unanimous vote. BOYS / GIRLS CLUB ADMIN (109-5-1) BUDGET FY 2008-2009 (206-1-24) 22. Resolution No. 2009-38. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TOTAL ALLOCATION OF $240,000 TO THE BOYS & GIRLS CLUB OF GREATER SAN DIEGO, FORMERLY KNOWN AS THE BOYS & GIRLS CLUB OF NATIONAL CITY. (City Manager) ACTION: Adopted earlier in meeting. See above. NEW BUSINESS FINANCIAL MANAGEMENT 2008-2009 (204-1-24) 23. Letter of Intent of the City of National City regarding the funding allocation of the Fiscal Year 2008-2009 Redevelopment Agency's Education Revenue Augmentation Fund. (Finance) RECOMMENDATION: Approve funding source of the Community Development Commission's ERAF payment. Authorize staff to report to the County Auditor & Controller of the method of payment. TESTIMONY: None. ACTION: Motion by Parra, seconded by Van Deventer, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2009 (203-1-25) 24. SUBJECT: Temporary Use Permit — American Cancer Society's National City Relay for Life at Kimball Park from August 8-9, 2009 with $1,500 in fees waived pursuant to City Council Policy #804. (Neighborhood Services Division) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees totaling $1,500.00. Book 91 / Page 39 02-17-2009 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2009 (203-1-25) 24. SUBJECT: Temporary Use Permit (continued). TESTIMONY: None. ACTION: Motion by Zarate, seconded by Van Deventer, to approve staff recommendation. Carried by unanimous vote. PLANNED DEVELOPMENT PERMIT ADMIN 2009 (414-1-24) 25. Notice of Decision — Coastal Development Permit and Proposed Negative Declaration for Marina Gateway Street Improvement Project for West 23rd Street and Harrison and Cleveland Avenues within the Local Coastal Program. (Applicant: City of National City) (Case File No. 2008-28 CDP, IS) (Planning Division) RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by Zarate, to approve staff recommendation. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Items No. 16 and 17 (Warrant Registers). Motion by Van Deventer, seconded by Parra, to approve the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 26. Authorize the reimbursement of Community Development Commission expenditures in the amount of $93,561.99 to the City of National City for the period of 01/14/09 through 01/20/09. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 27. Authorize the reimbursement of Community Development Commission expenditures in the amount of $103,438.93 to the City of National City for the period of 01/21/09 through 01/27/09. (Finance) ACTION: Approved. See above. NEW BUSINESS - None STAFF REPORTS City Manager Chris Zapata advised that a report on an incident at the Sweetwater Inn is being prepared and will be provided to the Council. Book 91 / Page 40 02-17-2009 MAYOR AND CITY COUNCIL (cont.) MAYOR AND CITY COUNCIL Member Sotelo-Solis requested and received confirmation that the First -Time Homebuyer Orientation for the Habitat for Humanity projects on `G' Avenue and Harding Avenue would be at 6 p.m. on February 19 . Member Zarate reported on the SANDAG summit on the homeless. Mayor Morrison reminded everyone about the up -coming Strategic & Budget Workshop scheduled on March 21 st, 2009. ADJOURNMENT Motion by Parra, seconded by Sotelo-Solis, to adiourn the meeting to the next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, March 3, 2009 at 6:00 p.m., Council Chamber, Civic Center. Carried by unanimous vote. The meeting closed at 7:20 p.m. ti City Clerk / Rec• rding Secretary The foregoing minutes were approved at the Regular Feting of March 17, 2009. Mayor / CDC Chairman EXHIBIT `L' Agenda of a Special Meeting City Council of the National City Community Development Commission of the City of National City Main Conference Room Civic Center 1243 National City Boulevard Special Meeting - Tuesday — February 17, 2009 - 5:00 P.M. ROLL CALL CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a) Community Youth Athletic Center v. City of National City, Community Development Commission of the City of National City, et al. San Diego Superior Court Case No. GIS 37-2007-0007604-CU-EI-SC 2. Liability Claim — Government Code Section 54956.95 Worker's Compensation Claim Agency Claimed Against: City of National City 3. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Leslie Deese, Manuel Rodriquez, Stacey Stevenson, Joe Smith, Claudia Silva, Eddie Kreisberg Employee Organization: Police Officers' Association ADJOURNMENT Next Regular City Council/CDC Meeting — Tuesday, February 17, 2008 - 6:00 p.m. - Council Chambers, Civic Center