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HomeMy WebLinkAbout2009 08-18 CC CDC MINBook 91 / Page 176 08-18-2009 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA August 18, 2009 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:08 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, Raulston, Rodriguez, Smith, Stevenson, Williams, Zapata. Others present: Student Representatives Michael Mendoza and Christina Dickey. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Maria Rodriguez, National City, discussed the problems of second hand smoke in residential units and supported laws to protect people. Erika Rodriguez, National City, shared the health problems of her family due to second hand smoke. Eddie Perez, National City, inquired about progress with the west side specific plan and urged that it be moved forward. Jose Medina, National City, spoke about the importance of the west side specific plan. Michelle Krug, San Diego, requested that the City appoint a representative to the Metropolitan Transit System (MTS) Board and urged the City Council to not raise the salary and change the job description of the Executive Assistant position in the Mayor — Council offices. Vice Mayor Sotelo-Solis requested a report back from staff on; 1) the hiring and reclassification of the position for Executive Assistant III in the Mayor -Council Office, 2) looking at the response times, dropped calls, potential complaints as well as commendations for both City contract tow companies and, 3) if the Executive Assistant position is covered by the Conflict of Interest Code. Book 91 / Page 177 08-18-2009 PUBLIC ORAL COMMUNICATIONS (cont.) Phil Chodur, G8 Development, gave a public acknowledgement to the City Council and staff for the public housing element of the Pacific View Estates project and presented them with a commemorative plaque. PROCLAMATION PROCLAMATION ADMIN (102-2-1) 1. SUBJECT: Proclaiming August 16 - 17, 2009 as: "RELAY FOR LIFE DAY" PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2009 (102-10-4) Mayor Morrison and members of the City Council offered words of condolence and made presentations to members of the Valderrama family for the untimely loss of Debra Valderrama. Mayor Morrison presented a certificate to Dianna Salcedo Gonzales from Las Palmas School, who won her class spelling bees in the first, second and third grade. PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. SUBJECT: Employee of the Month of August, 2009 - Jim Ridley - Community Development Specialist GENERAL PLAN 2009 - 2013 (405-8-6) 3. SUBJECT: Presentation on the draft background report for the comprehensive update of the General Plan and Land Use Code. (Community Development) Chris Morrow and Camille Paston from PDC Consulting made opening remarks. Students from the fellowship program sponsored by the City's General Plan Consultant, PDC, then made individual presentations on nine elements of the draft background report for the General Plan Update. COUNCIL MEETING PRESENTATIONS 2009 (102-10-4) 3a. Recognition of Brittany Gomez, Miss National City 2008-2009 and Princesses Diana Romero and Alyssa Ramos. CITY COUNCIL CONSENT CALENDAR Book 91 / Page 178 08-18-2009 ADOPTION OF CONSENT CALENDAR. Item No. 4 (Minutes), Item Nos. 5 through 12 (Resolution Nos. 2009-193 through 2009-200), Item Nos. 13 and 14 (Warrant Registers). Motion by Van Deventer, seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 4. SUBJECT: Approval of the Minutes of the City Council / Community Development Commission Adjourned Regular Meeting of May 26, 2009 and the Regular Meeting of June 16, 2009 (Corrected). (City Clerk) ACTION: Approved. See above. DEED (D2009-2) 5. Resolution No. 2009-193. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF VIEW CORRIDOR, PUBLIC PATH, PUBLIC BICYCLE ACCESS, PUBLIC ACCESS, AND PARKING EASEMENTS FROM THE PROPERTY OWNER, MARINA GATEWAY DEVELOPMENT COMPANY, DIRECTING THE RECORDATION OF A VIEW CORRIDOR, PUBLIC PATH, PUBLIC BICYCLE, PUBLIC ACCESS, AND PARKING EASEMENTS FOR PUBLIC USE PURPOSES ON THE SOUTHWEST SIDE OF BAY MARINA DRIVE AND THE INTER -STATE 5 FREEWAY. (2008-23LS) (Development Services/Engineering) ACTION: Adopted. See above. CONTRACT (C2008-51) 6. Resolution No. 2009-194. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY INDUSTRIAL COATING AND RESTORATION SERVICES WITH THE FINAL AMOUNT OF $46,535.00 AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY POLICE DEPARTMENT SECURITY FENCING INSTALLATION PROJECT. (Funded through Supplemental Law Enforcement Service Funds) (Development Services/Engineering) ACTION: Adopted. See above. Book 91 / Page 179 08-18-2009 CONSENT CALENDAR (cont.) CONTRACT (C2008-52) 7. Resolution No. 2009-195. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY INDUSTRIAL COATING AND RESTORATION SERVICES WITH THE FINAL AMOUNT OF $44,100.00 AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY POLICE DEPARTMENT BULLET -RESISTANT GLAZING/PANELING PROJECT. (Funded through Justice Assistance Grant Funds) (Development Services/Engineering) ACTION: Adopted. See above. CONTRACT (C2009-59) 8. Resolution No. 2009-196. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CONTRACT AGREEMENT WITH WADE & ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE MARINA GATEWAY STREETSCAPE PROJECT IN THE AMOUNT NOT -TO -EXCEED $127,089 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Funds are available in the Tax Increment Fund. (Development Services/Engineering) ACTION: Adopted. See above. STATE WATER RESOURCES CONTROL ADMIN (906-1-11) 9. Resolution No. 2009-197. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE SANITARY SEWER MANAGEMENT PLAN (SSMP), AS REQUIRED BY STATE WATER RESOURCES CONTROL BOARD ORDER NO. 2006-003 AND DEVELOPED BY CITY, AS PER CITY COUNCIL RESOLUTION NO. 2007-246. (Public Works) ACTION: Adopted. See above. CONTRACT (C2009-60) 10. Resolution No. 2009-198. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN OPERATING AGREEMENT BETWEEN THE NATIONAL SCHOOL DISTRICT AND THE NATIONAL CITY PUBLIC LIBRARY TO PROVIDE A BEFORE AND AFTER SCHOOL EDUCATION AND SAFETY PROGRAM WITH THE LIBRARY TO RECEIVE $979,698 ANNUALLY. (Library) ACTION: Adopted. See above. Book 91 / Page 180 08-18-2009 CONSENT CALENDAR (cont.) GRANT / LIBRARY (206-4-10) 11. Resolution No. 2009-199. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $76,380 GRANT FROM THE CALIFORNIA STATE LIBRARY TO FUND THE CALIFORNIA LIBRARY LITERACY SERVICES AMERICORPS INITIATIVE PROJECT FOR FISCAL YEAR 2009-2010. (Library) ACTION: Adopted. See above. CONTRACT (C2009-32) 12. Resolution No. 2009-200. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE PROFESSIONAL LAW CORPORATION EXPANDING THE SCOPE OF SERVICES AND ADDING A NOT TO EXCEED LIMIT OF $25,000 FOR LABOR NEGOTIATOR LEGAL SERVICES. (Human Resources) ACTION: Adopted. See above. WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24) 13. Warrant Register #3 for the period of 07/15/09 through 07/21/09 in the amount of $1,158,876.18. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24) 14. Warrant Register #4 for the period of 07/22/09 through 07/28/09 in the amount of $2,319,078.31. (Finance) ACTION: Ratified. See above. NON CONSENT RESOLUTIONS FINANCE - INVESTMENTS / POLICY (204-2-1) 15. Resolution No. 2009-201. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INVESTMENT OF $1 MILLION IN THE CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICES (CDARS) PROGRAM WITH NEIGHBORHOOD NATIONAL BANK. (Finance) RECOMMENDATION: Re -invest $1 million with Neighborhood National Bank for the CDARS Program. TESTIMONY: City Treasurer Mitch Beauchamp spoke in support of staff recommendation. ACTION: Motion by Van Deventer, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. Book 91 / Page 181 08-18-2009 NON CONSENT RESOLUTIONS (cont.) MUNICIPAL CODE 2009 (506-2-24) 16. Resolution No. 2009-202. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY. (City Attorney) RECOMMENDATION: Approve and authorize issuance of report. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. PUBLIC HEARING STREET VACATION ADMIN 2009 (902-26-4) 17. Public Hearing - Street Vacation and Coastal Development Permit to vacate an unimproved alley to restrict public access south of West 23rd Street and north of Bay Marina Drive in the Coastal Zone. (Case File No. 2009-04 SC, CDP) (APNs 559-117-04 to 07 & 12) (Development Services/Planning) RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the alley vacation. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Parra, to close the Public Hearing. Carried by unanimous vote. Motion by Zarate, seconded by Parra, to approve staff recommendation. Carried by unanimous vote. NEW BUSINESS TEMPORARY USE PERMITS 2009 (203-1-25) 18. Temporary Use Permit - Baptism and BBQ sponsored by Cornerstone Church of San Diego at Las Palmas Park on August 23, 2009 from 12 p.m. to 8 p.m. with no waiver of fees. A Facilities Use Permit is required for the use of the Municipal Pool. (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. Book 91 / Page 182 08-18-2009 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2009 (203-1-25) 19. Temporary Use Permit - Integrity Charter School's Physical Education program at Kimball Park from 7:15 a.m. to 8:45 a.m. and 1 p.m. to 2:15 p.m. commencing September 9, 2009 thru June 18, 2010 with no waiver of fees. Note: A Field/ Facilities Use Permit will also apply. (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 Parra, seconded by Van Deventer, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2009 (203-1-25) 20. Temporary Use Permit - "Celebrating Community" Block Party hosted by the One In Christ/River of Life Church on September 12, 2009 from 11 a.m. to 4 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: A representative from the church requested waiver of fees. ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to approve staff recommendation. Carried by unanimous vote. Motion by Van Deventer, seconded by Sotelo-Solis, to waive $237. Motion failed by the following vote, to -wit: Ayes: Van Deventer, Sotelo-Solis. Nays: Morrison, Parra, Zarate. Absent: None. Abstain: None. TEMPORARY USE PERMITS 2009 (203-1-25) 21. Temporary Use Permit - 17th Annual Fiesta Filipiniana Karaoke Competition hosted by the Seafood City Supermarket on September 26, 2009 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 Parra, seconded by Sotelo-Solis, to approve staff recommendation. Carried by unanimous vote. Book 91 / Page 183 08-18-2009 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2009 (203-1-25) 22. Temporary Use Permit - Pumpkin Station hosted by Pinery Christmas Trees at Plaza Bonita from September 25, 2009 to October 31, 2009 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 Parra, seconded by Van Deventer, to approve staff recommendation. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 23 and 24 (Warrant Registers), Item Nos. 25 and 26 (Resolution No. 2009-203 and 2009-204). Motion by Parra, seconded by Van Deventer, to approve the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24) 23. Authorize the reimbursement of Community Development Commission expenditures in the amount of $33,664.24 to the City of National City for the period of 07/15/09 through 07/21/09. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24) 24. Authorize the reimbursement of Community Development Commission expenditures in the amount of $706,870.09 to the City of National City for the period of 07/22/09 through 07/28/09. (Finance) ACTION: Approved. See above. CITYWIDE HOUSING ADMIN (303-4-1) 25. Resolution No. 2009-203. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2009 AND AUTHORIZING THE SUBMITTAL OF THE SEMAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Community Development, Housing and Grants, Section 8 Program) ACTION: Adopted. See above. Book 91 / Page 184 08-18-2009 CONSENT CALENDAR (cont.) CITYWIDE HOUSING ADMIN (303-4-1) 26. Resolution No. 2009-204. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING USE OF $669,653 IN LOW MODERATE HOUSING FUNDS AND $1,110,347 IN HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS FOR THE PERMANENT FINANCING OF THE CASA FAMILIAR, INCORPORATED ACQUISITION AND REHABILITATION PROJECT LOCATED AT 1101-1119 E AVENUE AND 1111 D AVENUE. (Community Development/Housing and Grant Division) ACTION: Adopted. See above. NON CONSENT RESOLUTION CITYWIDE HOUSING ADMIN (303-4-1) 27. Resolution No. 2009-205. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A GAP LOAN TO CASA FAMILIAR, INCORPORATED FOR $835,000 TO COMPLETE THE ACQUISITION AND REHABILITATION OF THE CASA QUINTA APARTMENTS LOCATED AT 304 EAST FIFTH, NATIONAL CITY FUNDED BY AND SUBJECT TO AFFORDABILITY REQUIREMENTS OF THE HOME INVESTMENT PARTNERSHIPS PROGRAM. (Community Development/Housing and Grant Division) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to amend the Resolution to delete reference to need for public hearing. Carried by the following vote, to -wit: Ayes: Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: Parra. Note: Member Parra abstained in order to avoid any potential conflict because he owns property near the proposed project. NEW BUSINESS SPECIFIC PLAN - WESTSIDE (417-1-10) 28. A report: US Environmental Protection Agency (EPA) Brownfield Assessment grant for the Westside Specific Planning area. (Redevelopment Division) RECOMMENDATION: Accept and file. TESTIMONY: None. ACTION: Filed. Book 91 / Page 185 08-18-2009 NEW BUSINESS (cont.) COMMUNITY DEVELOPMENT ADMIN 2007-2010 (406-2-12) 29. Real property transaction for former Days Inn Site: 1.07-acre parcel located at 1640 East Plaza Boulevard (A.P.N. 557-410-200). (City Attorney) RECOMMENDATION: Accept and file. TESTIMONY: None. ACTION: Filed. STAFF REPORTS CITYWIDE HOUSING ADMIN (303-4-1) 30. Housing Activity Update. (Community Development/Housing and Grant Division) Copy on file in the Office of the City Clerk. CLOSED SESSION REPORT (509-1-4) 31. City Council / CDC Attorney George Eiser stated that there was nothing to report from the Closed Session. (See attached Exhibit `L') MAYOR AND CITY COUNCIL Member Parra asked staff to look into business selling tobacco and other merchandise. Member Sotelo-Solis thanked staff for their reports and commented on the successful Relay for Life event in National City. Member Zarate indicated that she read an article about a National City business that is among the 100 fastest growing Hispanic business in the nation. ADJOURNMENT The meeting was adjourned in memory of Debra Valderrama. The next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, September 1, 2009 at 6:00 p.m., Council Chambers, National City. The meeting closed at 8:24 p.m. Book 91 / Page 186 08-18-2009 Ci Clerk / Reco ding Secretary The foregoing minutes were approved at the Regular Meeting of September 15, 2009. Mayor / CDC Chairman EXHIBIT `L' ALIPORNIA,*� INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Large Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, August 18, 2009 - 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Leslie Deese, Manuel Rodriguez, Stacey Stevenson, Joe Smith, Claudia Silva, Eddie Kreisberg Employee Organization: Police Officers' Association 2. Liability Claims — Government Code Section 54956.95 Workers' Compensation Claims Agency Claimed Against: City of National City Number of Claims: Two COMMUNITY DEVELOPMENT COMMISSION 3. Conference with Real Property Neaotiator Government Codes Section 54956.8 Property: Former Days Inn Site (A.P.N. 557-410-200) 1.07 acre parcel located at 1640 East Plaza Boulevard Agency Negotiator: Brad Raulston Negotiating Parties: The Mar Group Under Negotiation: Price and terms of payment ADJOURNMENT Next Regular City Council/CDC Meeting - Tuesday, August 18, 2009, 6:00 p.m., Council Chambers, Civic Center