HomeMy WebLinkAbout2009 05-05 CC CDC MINBook 91 / Page 93
05-05-2009
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION OF
NATIONAL CITY, CALIFORNIA
May 5, 2009
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:18 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, Duong, Eiser, Hodges,
Juniel, Ladrido, Post, Raulston, Rodriguez, Smith, Stevenson, Williams.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
None.
PROCLAMATION
PROCLAMATION ADMIN (102-2-1)
1. SUBJECT: Proclaiming Friday, May 15, 2009 as: "BIKE TO WORK
DAY"
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2009 (102-10-4)
2. SUBJECT: 211 San Diego Update (San Diego's primary source for
community, health and disaster information) — Lourdes Jimenez, Director
of External Affairs
COUNCIL MEETING PRESENTATIONS 2009 (102-10-4)
FIRE DEPT ADMIN (305-1-1)
3. SUBJECT: Fire Truck Replacement Proposal (Fire)
Fire Chief Rod Juniel outlined the need and presented a proposal for the
purchase of a new Pierce Arrow 105 foot aerial ladder truck using both
Federal and City funding sources. (Copy on file in the Office of the City
Clerk.)
Book 91 / Page 94
05-05-2009
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS 2009 (102-10-4)
FIRE DEPT ADMIN (305-1-1)
3. SUBJECT: Fire Truck Replacement Proposal (continued).
RECOMMENDATION: Accept Federal Emergency Management Agency
(FEMA) Grant funding in the amount of $248,456; approve award to
Pierce Manufacturing and direct staff to purchase a Pierce Arrow XT 105'
Quint Truck at a total cost of $953,669, with remainder of funding to come
from existing Development Impact Fees of $90,000 plus an estimated
$25,000 per year, Fire Operations Budget and a re -payment agreement
between the Civic Center Refurbishing Fund and National City Fire
Department.
ACTION: Motion by Parra, seconded by Van Deventer, to approve
staff recommendation. Carried by unanimous vote.
Item No. 39 was taken up next
STAFF REPORT
FIRE DEPT ADMIN (305-1-1)
39. SUBJECT: Swine Flu update. (Homeland Security)
Fire Chief Rod Juniel and Neighborhood Council Coordinator Rudy Lopez
briefed the Council on efforts undertaken to inform and educate the public
and staff on how to protect themselves during the current Swine Flu
outbreak.
INTERVIEWS AND APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
4. SUBJECT: Interviews and Appointments: Various Boards &
Commissions.
The following individuals were present and appeared for interview: Julieta
Alejandro, Harold Aranda, Paul Ecdao, Matias Garcia, David Gass, Ted
Muehleisen, Mona Rios, and Katherine Wesner.
ACTION: Mayor Morrison announced that applications would continue to
be accepted and additional interviews and possible appointments would
be scheduled at the next City Council meeting.
CITY COUNCIL
CONSENT CALENDAR
Book 91 / Page 95
05-05-2009
ADOPTION OF CONSENT CALENDAR. Item No. 5 (Minutes), Item No. 6
(NCMC), Item Nos. 7 through 12 (Resolution Nos. 2009-89 through 2009-94),
Item Nos. 13 and 14 (Warrant Registers), Item No. 15 (Report). Motion by Parra,
seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by
unanimous vote. NOTE: Member Van Deventer announced that, in order to
avoid any possible conflict of interest, he would be abstaining from discussing or
voting on Item No. 14 (Warrant Register #42) because warrant number 226270 is
for one of his tenants.
APPROVAL OF MINUTES
5. SUBJECT: Approval of the Minutes of the Adjourned Regular City
CounciVCommunity Development Commission Meeting of March 21,
2009. (City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2009 (506-2-24)
6. 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)
ACTION: Approved. See above.
CONTACT (C2009-34)
7. Resolution No. 2009-89. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO G.A.
DOMINQUEZ IN THE AMOUNT OF $54,491 TO PROVIDE
IMPROVEMENTS TO THE NATIONAL CITY KIMBALL HOUSE
MUSEUM, WHICH WOULD MAKE THIS HISTORICAL BUILDING ADA
COMPLIANT. (Funded through Tax Increment Funds) (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2008-67)
8. Resolution No. 2009-90. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO
EXISTING AGREEMENT WITH WADE & ASSOCIATES IN THE
AMOUNT NOT -TO -EXCEED $20,016 FOR HIGHLAND AVENUE
RESURFACING PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT. (Funded by Tax Increment Funds).
(Engineering)
ACTION: Adopted. See above.
Book 91 / Page 96
05-05-2009
CONSENT CALENDAR (cont.)
ENGINEERING DEPT - GRANTS / REPORTS ADMIN (1104-1-1)
9. Resolution No. 2009-91. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF A
GRANT APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT
(TDA)/TRANSNET BICYCLE AND PEDESTRIAN PROJECTS FUNDS
FOR THE SWEETWATER BIKEWAY GAP CLOSURE PROJECT ALONG
PLAZA BONITA ROAD IN THE CITY OF NATIONAL CITY AND
AUTHORIZING THE CITY OF NATIONAL CITY TO ACT AS THE
SPONSOR FOR THE PROJECT. (Funding though TDA grant; local
match not required). (Engineering)
TESTIMONY: County Supervisor Greg Cox spoke in support of the
Resolution.
ACTION: Adopted. See above.
CONTRACT (C2004-20)
10. Resolution No. 2009-92. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO AGREEMENT WITH MAYER
HOFFMAN MCCANN P.C. FOR INDEPENDENT AUDITING SERVICES
FOR FISCAL YEAR ENDING JUNE 30, 2009. (Finance)
ACTION: Adopted. See above.
CONTRACT (C2008-61)
11. Resolution No. 2009-93. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT
BETWEEN THE CITY AND BUSTAMANTE & ASSOCIATES. (City
Attorney)
ACTION: Adopted. See above.
LABOR RELATIONS MEA MOU 2007 - 2009 (605-4-9)
CONTRACT (C2007-33)
12. Resolution No. 2009-94. 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,
AMENDING THE AGREEMENT TO ALLOCATE $25,000 TOWARDS
THE REFURBISHMENT (i.e. paint, appliances and cabinet
repair/replacement) OF THE CITY HALL EMPLOYEE LOUNGE TO
INCLUDE THE PUBLIC WORKS EMPLOYEE LOUNGE. (Human
Resources)
ACTION: Adopted. See above.
Book 91 / Page 97
05-05-2009
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2008 - JUNE 2009 (202-1-23)
13. Warrant Register #41 for the period of 04/01/09 through 04/07/09 in the
amount of $2,324,960.49. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2008 - JUNE 2009 (202-1-23)
14. Warrant Register #42 for the period of 04/08/09 through 04/14/09 in the
amount of $497,414.20. (Finance)
ACTION: Motion by Parra, seconded by Sotelo-Solis, to ratify
Warrant Register #42. Carried by the following vote, to -wit: Ayes:
Morrison, Parra, Sotelo-Solis, Zarate. Nays: None. Absent: None.
Abstain: Van Deventer.
FINANCIAL MANAGEMENT 2008 - 2009 (204-1-24)
15. SUBJECT: Investment Report for quarter ended March 31, 2009.
(Finance)
ACTION: Filed. See above.
PUBLIC HEARING
SUBDIVISIONS / VARIANCES 2009 (415-1-5)
16. Public Hearing — Public Hearing and Negative Declaration for a proposed
7 Lot Residential Tentative Subdivision Map, including requests for
exceptions for lot size, lot width and street frontage, a variance request for
three story units, setbacks, and a request to waive undergrounding of
utilities fronting on Prospect Street on 0.71-acre site at 2121 Grove Street.
(Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS, Z) (Planning)
RECOMMENDATION: Staff recommends approval of the Tentative
Subdivision Map, Negative Declaration, and Underground Request
Waiver.
TESTIMONY: Luis Naranto, representing the applicant, spoke in
support and responded to questions.
Zenda Smith Berry, National City, spoke in opposition.
L. Aguillard, National City, spoke in opposition.
Janice Martinelli, National City, representing the applicant, spoke in
support.
Terry Shippon, San Diego, appeared on behalf of the Moya family,
spoke in opposition.
Charles Harlow, Chula Vista, spoke in opposition.
Alfonso Hernandez, National City, spoke in opposition.
Book 91 / Page 98
05-05-2009
PUBLIC HEARING (cont.)
SUBDIVISIONS / VARIANCES 2009 (415-1-5)
16. Public Hearing — Public Hearing and Negative Declaration (continued).
ACTION: Motion by Parra, seconded by Zarate, to close the Public
Hearing. Carried by unanimous vote. Motion by Parra, seconded
by Van Deventer, to deny based on findings of the Planning
Commission. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2009 (506-2-24)
17. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADDING CHAPTER 9.37 TO THE NATIONAL CITY MUNICIPAL
CODE TO PROHIBIT SMOKING IN OPEN AIR DINING AREAS. (City
Attorney)
TESTIMONY: Jonathan Yepiz, Chula Vista, representing South
Bay Youth for Change, spoke in support.
Silvia Martinez, National City, spoke in support.
Paty Arvizu, San Diego, representing South Bay Youth for Change,
spoke in support.
Tony LoPresti, National City, spoke in support.
ACTION: Motion by Parra, seconded by Van Deventer, to amend
the Ordinance for introduction to allow 20 feet from the outside
smoking area. Carried by the following vote, to -wit: Ayes: Parra,
Sotelo-Solis, Van Deventer, Zarate. Nays: Morrison. Absent:
None. Abstain: None.
MUNICIPAL CODE 2009 (506-2-24)
18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE CHAPTER
18.62 AND LOCAL COASTAL PROGRAM IMPLEMENTATION
DOCUMENT SECTION XII PERTAINING TO SIGNS AND OUTDOOR
ADVERTISING. (Applicant: City initiated) (Case File No. 2007-41 A, LCP)
(Planning)
MUNICIPAL CODE 2009 (506-2-24)
19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING THE HARBOR DISTRICT SPECIFIC AREA PLAN OF
THE LOCAL COASTAL PROGRAM PERTAINING TO SIGNS. (Case File
No. 2009-2 LCPA) (Planning)
Book 91 / Page 99
05-05-2009
NON CONSENT RESOLUTIONS
DONATIONS RECEIVED (209-1-4)
CONTRACT (C2009-35)
20. Resolution No. 2009-95. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING THE DONATION OF A
JAMES HUBBELL'S ART PIECE TO THE LIBRARY FOR A VALUE OF
$8,404 FROM THE FRIENDS OF THE LIBRARY CONSISTENT WITH
CITY COUNCIL'S DONATION POLICY #204. (Library)
RECOMMENDATION: Acceptance of donation.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
Item No. 27 was taken up next.
NEW BUSINESS
KIMBALL PARK ADMIN (702-1-1)
27. SUBJECT: Update on Kimball Park Soccer Field project and request
Council to accept landscape design concept. (Engineering/Community
Services) **Companion Item #21 **
RECOMMENDATION: Accept landscape design concept.
TESTIMONY: None.
ACTION: Following lengthy discussion staff was directed to
reconsider the possibility of using one of the baseball fields and to
report back to Council. There was no vote.
NON CONSENT RESOLUTIONS
BUDGET TRANSFERS ADMIN (103-2-4)
KIMBALL PARK ADMIN (702-1-1)
21. Resolution No. 2009-96. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE ALLOCATION OF
FUNDS IN THE AMOUNT OF $291,000 FROM PARKS AND
RECREATION CAPITAL OUTLAY FUND TO THE KIMBALL PARK
SOCCER PROJECT. (Engineering/Community Services) **Companion
Item #27**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: No action taken.
Book 91 / Page 100
05-05-2009
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2009-36)
22. Resolution No. 2009-97. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF
UNDERSTANDING BY AND AMONG THE CITY OF CHULA VISTA, THE
CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY AND NCSDI NO. 1
L.L.C. RELATED TO PLANS PROCESSING, ENVIRONMENTAL
IMPACTS ANALYSIS, TAXATION AND COOPERATION FOR A
PROPOSED COMMERCIAL PROJECT ON 26.57 ACRES CURRENTLY
KNOWN AS THE HARBOR DRIVE IN, WHICH IS LOCATED BOTH IN
THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA.
(Community Development) **Companion Item #37**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Colton Sudberry, representing the applicant, spoke
in support and responded to questions.
ACTION: Motion by Parra, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
Item No. 37 was taken up next.
CONSENT CALENDAR
CONTRACT (C2009-36)
37. Resolution No. 2009-102. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL
CITY APPROVING A MEMORANDUM OF UNDERSTANDING BY AND
AMONG THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY,
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, AND NCSDI NO. 1 L.L.C. RELATED TO PLANS
PROCESSING, ENVIRONMENTAL IMPACTS ANALYSIS, TAXATION
AND COOPERATION FOR A PROPOSED COMMERCIAL PROJECT ON
26.57 ACRES CURRENTLY KNOWN AS THE HARBOR DRIVE IN,
WHICH IS LOCATED BOTH IN THE CITY OF NATIONAL CITY AND THE
CITY OF CHULA VISTA. (Community Development) **Companion Item
#22**
ACTION: Motion by Parra, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
Book 91 / Page 101
05-05-2009
NON CONSENT RESOLUTIONS (cont.)
LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1)
LABOR RELATIONS CITY ATTORNEY (605-11-1)
23. Resolution No. 2009-98. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY REDUCING THE CITY'S EMPLOYER
PAID MEMBER CONTRIBUTION (EPMC) TO THE PUBLIC EMPLOYEE
RETIREMENT SYSTEM BY TWO PERCENT FOR THE MANAGEMENT
GROUP AND THREE PERCENT FOR THE EXECUTIVE GROUP,
FURTHER REDUCING THE CITY'S EPMC BY ONE PERCENT FOR A
TOTAL OF THREE PERCENT FOR THE CITY ATTORNEY; AND
ESTABLISHING AN EFFECTIVE DATE OF JULY 1, 2009. (Human
Resources)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Assistant City Manager Leslie Deese gave a lengthy
oral report on Agenda Item Nos. 23, 24 and 25.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1)
24. Resolution No. 2009-99. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE UPWARD
ADJUSTMENT IN THE SALARY BANDS FOR CLASSIFICATIONS
WITHIN THE EXECUTIVE AND MANAGEMENT GROUPS OF UP TO
SIX PERCENT. (Human Resources)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1)
25. Resolution No. 2009-100. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A COMPENSATION PLAN
FOR MEMBERS OF THE EXECUTIVE AND MANAGEMENT GROUPS,
AUTHORIZING THE CITY MANAGER TO PROVIDE HOUSING OR
HOUSING DIFFERENTIAL PAYMENTS, AND ONE-TIME
PERFORMANCE BASED PAYMENTS TO EXECUTIVES IN THE CITY
MANAGER'S OFFICE IN LIEU OF ONGOING SALARY INCREASES,
AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A ONE-
TIME DEFERRED COMPENSATION PROGRAM FOR EXECUTIVES
AND MANAGERS NOT IN THE CITY MANAGER'S OFFICE. (Human
Resources)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
Book 91 / Page 102
05-05-2009
NON CONSENT RESOLUTIONS (cont.)
LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1)
25. Resolution No. 2009-100 (continued).
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
EMPLOYMENT CONTRACT - CHRIS ZAPATA (604-6-2)
26. Resolution No. 2009-101. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
WITH CITY MANAGER, CHRIS ZAPATA TO EXTEND THE TERM OF
THE AGREEMENT TO FEBRUARY 8, 2012, TO PROVIDE THAT THE
CITY MANAGER SHALL PAY 3% OF THE EMPLOYER -PAID CALPERS
MEMBER CONTRIBUTION, AND GRANTING A ONE-TIME
PERFORMANCE BASED PAYMENT OF $17,500. (Human Resources)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
NEW BUSINESS
KIMBALL PARK ADMIN (702-1-1)
27. SUBJECT: Update on Kimball Park Soccer Field project and request
Council to accept landscape design concept. (Engineering/Community
Services) **Companion Item #21 **
ACTION: Taken up earlier in the meeting. See above.
Member Van Deventer announced that he would abstain from participating or
voting on Item No. 28 due to the fact that he has a project currently before the
City that involves fees.
STUDY CITY FEE SCHEDULE (106-3-2)
28. SUBJECT: Report on temporary roll back of City fees - Council initiated.
(Planning & Building)
RECOMMENDATION: That Council provide direction.
TESTIMONY: Chip Gabrial, Paradise Village Retirement Center,
recounted the experience and frustration his project has had with
current fee and how that has impacted their project.
ACTION: Staff was requested to look at rolling back fees to what
they were before the last fee increase as well as the possibility of
amnesty for projects done without benefit of proper permits. The
target date for the changes will be July 1st. There was no vote.
Book 91 / Page 103
05-05-2009
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2009 (203-1-25)
29. SUBJECT: Temporary Use Permit — National City Public Library's 23rd
Annual Chili & Salsa Cook -Off at 1401 National City Blvd. on May 16,
2009 from 10 a.m. to 3 p.m. This is a National City sponsored event.
(Neighborhood Services)
RECOMMENDATION: Approve the application for a Temporary Use
Permit subject to compliance with all conditions of approval with a waiver
of fees.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to approve
staff recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS 2009 (203-1-25)
30. SUBJECT: Temporary Use Permit — St. Anthony of Padua Festival, May
16-17, 2009 from 10:00 a.m. to 6:30 p.m. daily at 1816 Harding 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.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Parra, to clarify the
hours for the event to be Saturday from 10 am to 9 pm and Sunday
from 10 am to 6:30 pm and approve staff recommendation. Carried
by unanimous vote.
TEMPORARY USE PERMITS 2009 (203-1-25)
31. SUBJECT: Temporary Use Permit - Old Town National City 5th Reunion at
Casa De Salud on June 27, 2009 from 2 p.m. to 5:30 p.m. 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: Dukie Valderrama, National City, requested council
consider waiver of fees because all money raised during the event
will go back to the community.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
approve application with waiver of fees. Carried by the following
vote, to -wit: Ayes: Morrison, Parra, Sotelo-Solis, Van Deventer.
Nays: None. Absent: None. Abstain: Zarate.
Book 91 / Page 104
05-05-2009
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2009 (203-1-25)
32. SUBJECT: Temporary Use Permit - Lions Club Annual Independence
Day Carnival hosted by the City and the Lions Club at Kimball Park from
July 1, 2009 to July 5, 2009. This is a City sponsored event eligible for a
maximum fee reduction of $1,500 per day. (Neighborhood Services)
RECOMMENDATION: Approve the application for a Special Event Permit
subject to compliance with all conditions of approval and approve the
waiver of fees in the amount of $7,500, as was granted for last year's
event.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Parra, to approve
staff recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS 2009 (203-1-25)
33. SUBJECT: Temporary Use Permit — National City Certified Farmers'
Market request for a temporary waiver of fees and vendor business
licenses for May 13, 20, and 27th, 2009. (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 Van Deventer, seconded by Parra, to approve
staff recommendation. Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 34 and 35 (Warrant
Registers), Item No. 36 (Report), Item No. 37 (Resolution No. 2009-102). 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)
34. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $842,834.75 to the City of National City for
the period of 04/01/09 through 04/07/09. (Finance)
ACTION: Approved. See above.
Book 91 / Page 105
05-05-2009
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2008 - JUNE 2009 (202-1-23)
35. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $104,369.83 to the City of National City for
the period of 04/08/09 through 04/14/09. (Finance)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2008 - 2009 (204-1-24)
36. SUBJECT: Investment Report for quarter ended March 31, 2009.
(Finance)
ACTION: Filed. See above.
CONTRACT (C2009-36)
37. Resolution No. 2009-102. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL
CITY APPROVING A MEMORANDUM OF UNDERSTANDING BY AND
AMONG THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY,
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, AND NCSDI NO. 1 L.L.C. RELATED TO PLANS
PROCESSING, ENVIRONMENTAL IMPACTS ANALYSIS, TAXATION
AND COOPERATION FOR A PROPOSED COMMERCIAL PROJECT ON
26.57 ACRES CURRENTLY KNOWN AS THE HARBOR DRIVE IN,
WHICH IS LOCATED BOTH IN THE CITY OF NATIONAL CITY AND THE
CITY OF CHULA VISTA. (Community Development) **Companion Item
#22**
ACTION: Taken up earlier in the meeting. See above.
NEW BUSINESS
None.
STAFF REPORTS
CLOSED SESSION REPORT (509-1-4)
City Council / CDC Attorney George Eiser gave the following report on the two
items considered in the Closed Session held at 5:00 p.m. (See attached Exhibit
'L')
The first was an add -on item to confer with the City's labor negotiators under
Government Code Section 54957.6. The City's designated representatives are
Leslie Deese, Manuel Rodriguez, Stacey Stevenson, Joe Smith, Claudia Silva,
and Eddie Kreisberg. The employee organization is the National City Police
Officers' Association (POA). The need to take action arose after the agenda was
posted because the City's representatives met with the POA's representatives
through the afternoon of May 5, and realized after the negotiations had ended for
Book 91 / Page 106
05-05-2009
STAFF REPORTS (cont.)
CLOSED SESSION REPORT (509-1-4)
City Council / CDC Attorney George Eiser stated the following are the two items
to report (continued).
the day that direction was needed from the City Council prior to the next Council
meeting on May 19.
The second item appeared on the printed agenda for the 5:00 p.m. special
meeting closed session as a conference with legal counsel for anticipated
litigation under Government Code Section 54956.9(c). Under consideration was
the initiation of litigation involving one case. The City Council authorized the
initiation of litigation in that one case. The identities of the action and the
defendants will not be disclosed at this time, but once litigation has formally
commenced, will be disclosed to any person upon inquiry, unless to do so would
jeopardize the ability to effectuate service of process on one or more unserved
parties, or would jeopardize the ability to conclude existing settlement
negotiations.
PUBLIC WORKS DEPT ADMIN (1104-1-11)
38. SUBJECT: Diesel Emission Replacement Grant update. (Public Works)
TESTIMONY: Public Works Director Don Smith reported that
recent state grants to purchase low emission off -road equipment
and other steps taken by the City including replacement of city fleet
vehicles with hybrids have resulted in National City being close to
100 per cent compliant with the carbon footprint standards set by
the state and county.
ACTION: None.
FIRE DEPT ADMIN (305-1-1)
39. SUBJECT: Swine Flu update. (Homeland Security)
ACTION: Taken up earlier in the meeting. See above.
COMMUNITY DEVELOPMENT ADMIN 2007-2010 (406-2-12)
40. SUBJECT: National City's partnership with the San Diego Regional
Climate Protection Initiative. (Community Development)
CDC Executive Director Brad Raulston informed Commissioners about a
partnership with the Regional Climate Protection Imitative that will result in
a fellow being assigned to National City to study our green house gas
emissions.
Code Enforcement staff reported that the annual holiday vendor check efforts are
planned in conjunction with Mother's Day.
Book 91 / Page 107
05-05-2009
MAYOR AND CITY COUNCIL
No Report.
ADJOURNMENT
The meeting was adjourned in memory of Mrs. Merle Crain Pickering, a long time
National City resident who passed away on April 15th, just 12 days shy of her
108th birthday.
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, May 19, 2009 at 6:00 p.m., Council Chamber, Civic Center
City.
The meeting closed at 10:15 p.m.
f.trAit);//,
City Jerk / Recor ing Secretary
The foregoing minutes were approved at the Regular Meeting of June 16, 2009.
Mayor / CDC Chairman
EXHIBIT `L'
Agenda of a Special Meeting
City Council of the City of National City
Main Conference Room
Civic Center
1243 National City Boulevard
Special Meeting - Tuesday - May 5, 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
Initiation of Litigation Pursuant to Government Code Section 54946.9 (c)
One Potential Case
ADJOURNMENT
Next Regular City Council/CDC Meeting - Tuesday, May 5, 2009, 6:00 p.m.,
Council Chambers, Civic Center