HomeMy WebLinkAbout2009 09-15 CC CDC MINBook 91 / Page 198
09-15-2009
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION OF
NATIONAL CITY, CALIFORNIA
September 15, 2009
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:15 p.m. by Mayor /
Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Parra, Sotelo-Solis, Van
Deventer.
Council / Commission members absent: Zarate.
Administrative Officials present: Dalla, Deese, Duong, Eiser, Hodges, Juniel,
Ladrido, Raulston, Rodriguez, Smith, Stevenson, Williams, and Zapata.
Others present: Student Representative Michael Mendoza.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Petra Barajas, Chula Vista, voiced her concerns about the importance of
maintaining separation of church and state.
PRESENTATION
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
1. SUBJECT: Employee of the Month of September 2009, James Stiles,
Firefighter/Paramedic
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 2 (Minutes), Item No. 3
(NCMC), Item Nos. 4 through 6 (Resolution Nos. 2009-221 through 2009-223),
Item Nos. 7 and 8 (Warrant Registers). Motion by Van Deventer, seconded by
Parra, to approve the Consent Calendar. Carried by the following vote, to -wit:
Ayes: Morrison, Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent: Zarate.
Abstain: None.
Book 91 / Page 199
09-15-2009
CONSENT CALENDAR (cont.)
APPROVAL OF MINUTES
2. SUBJECT: Approval of the Minutes of the Regular City
Council/Community Development Commission Meetings of August 4,
2009 and August 18, 2009. (City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2009 (506-2-24)
3. 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.
CONTRACT (C2009-68)
4. Resolution No. 2009-221. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO CREST
EQUIPMENT, INC. IN THE AMOUNT OF $188,750 AND AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT FOR THE
CONSTRUCTION OF CONCRETE IMPROVEMENTS INCLUDING
CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS AND PEDESTRIAN
RAMPS AT VARIOUS LOCATIONS. (Funding will be through CDBG and
Gas Tax). (Development Services/Engineering Division)
ACTION: Adopted. See above.
GRANT / LIBRARY (206-4-10)
5. Resolution No. 2009-222. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A
$40,000 GRANT FROM CALIFORNIA LIBRARY LITERACY SERVICES
TO FUND THE LIBRARY'S LITERACY PROGRAMS FOR FY09-10.
(Library)
ACTION: Adopted. See above.
LABOR RELATIONS POA 2009-2011 (605-3-9)
6. Resolution No. 2009-223. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RATIFYING A TWO YEAR LABOR
AGREEMENT BETWEEN THE CITY AND THE NATIONAL CITY POLICE
OFFICERS' ASSOCIATION. (Human Resource)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
7. Warrant Register #7 for the period of 08/12/09 through 08/18/09 in the
amount of $488,133.34. (Finance)
ACTION: Ratified. See above.
Book 91 / Page 200
09-15-2009
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
8. Warrant Register #8 for the period of 08/19/09 through 08/25/09 in the
amount of $2,801,086.03. (Finance)
ACTION: Ratified. See above.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2009 (506-2-24)
HOUSING & COMMUNITY DEV COMM ADMIN (101-12-1)
9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING SECTIONS 3, 4 AND 5 OF ORDINANCE NO. 1619,
SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF
ORDINANCE NO, 91-2012, PERTAINING TO THE COMMITTEE FOR
HOUSING AND COMMUNITY DEVELOPMENT. (City Attorney)
MUNICIPAL CODE 2009 (506-2-24)
HOUSING & COMMUNITY DEV COMM ADMIN (101-12-1)
10. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL
CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO
THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE
FOR HOUSING AND COMMUNITY DEVELOPMENT. (City Attorney)
MUNICIPAL CODE 2009 (506-2-24)
BUILDING ADVISORY & APPEALS BOARD ADMIN (101-10-1)
11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 15.04 OF THE NATIONAL CITY MUNICIPAL
CODE PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO
APPROVE ALTERNATE MATERIALS AND METHODS OF
CONSTRUCTION, CONSIDER APPEALS, AND MAKE
INTERPRETATIONS UNDER TITLE 15 OF THE MUNICIPAL CODE;
AND DISSOLVING THE ADVISORY AND APPEALS BOARD. (City
Attorney)
Book 91 / Page 201
09-15-2009
NON CONSENT RESOLUTIONS
STATEMENT OF ECONOMIC INTERESTS ADMIN (503-10-1)
12. Resolution No. 2009-224. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE
FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL
CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION
NO. 2008-180. (City Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution to include disclosure categories 1, 2. 4, 5, 7.
Carried by the following vote, to -wit: Ayes: Morrison, Parra, Sotelo-
Solis, Van Deventer. Nays: None. Absent: Zarate. Abstain: None.
It was requested that staff return with a report and recommendation
on additional positions that need to be included in the conflict of
interest code and that a comprehensive workshop be held to review
reporting requirements. There was no vote.
CONTRACT (C2008-32)
13. Resolution No. 2009-225. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED
BY KOCH-ARMSTRONG GENERAL ENGINEERING, INC. WITH THE
FINAL AMOUNT OF $6,265,090.46 AND AUTHORIZING THE MAYOR
TO SIGN THE FINAL BALANCE CHANGE ORDER AND AUTHORIZING
THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY
RECORDER FOR THE NATIONAL CITY STREET RESURFACING
PROJECT, FY 08-09. (Funded through Gas Tax, Traffic Congestion
Relief, Proposition A and 1B Funds, and CIWMB Grants) (Development
Services/Engineering Division)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Van Deventer, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent: Zarate.
Abstain: None.
Book 91 / Page 202
09-15-2009
NON CONSENT RESOLUTION (cont.)
CONTRACT (C2009-69)
14. Resolution No. 2009-226. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH
ARMSTRONG IN THE AMOUNT NOT -TO -EXCEED $1,916,282.35 AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR
CONSTRUCTION IMPROVEMENTS FOR THE MARINA GATEWAY
STREETSCAPE PROJECT, SPEC. NO. 08-16 AND AUTHORIZING THE
APPROPRIATION OF SEWER FUNDS. (Funded by Tax Increment Fund
and Sewer Fund) (Development Services/Engineering Division)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Van Deventer, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent: Zarate.
Abstain: None.
NEW BUSINESS
TEMPORARY USE PERMITS 2009 (203-1-25)
15. Temporary Use Permit — St. Mary's Fall Festival & Fund Raiser hosted by
St. Mary's Church on October 4, 2009 at the parish grounds located on 8�
Street and E Avenue from 7 a.m. to 6:30 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: None.
ACTION: Motion by Parra, seconded by Van Deventer, to approve
staff recommendation. Carried by the following vote, to -wit: Ayes:
Morrison, Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent:
Zarate. Abstain: None.
Book 91 / Page 203
09-15-2009
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2009 (203-1-25)
16. Temporary Use Permit — National City "Got" Talent 2"d Annual Amateur
Competition which will take place in the National City Public Library at
1401 National City Boulevard on October 17, 2009 from 10 a.m. to 2 p.m.
with request of waiver of fees by the applicant. (Neighborhood Services)
RECOMMENDATION: Approve the application for a Temporary Use
Permit subject to compliance with all conditions of approval and the
request for waiver of fees by the National City Public Library.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Sotelo-Solis, to approve
staff recommendation. Carried by the following vote, to -wit: Ayes:
Morrison, Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent:
Zarate. Abstain: None.
TEMPORARY USE PERMITS 2009 (203-1-25)
17. Temporary Use Permit — National City Public Safety Fair hosted by the
Police, Fire and Community Services Departments on October 31, 2009
from 10 a.m. to 2 p.m. at Kimball Park. This is a National City sponsored
event and qualifies for a waiver of fees pursuant to Policy No. 804.
(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 Parra, to approve
staff recommendation. Carried by the following vote, to -wit: Ayes:
Morrison, Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent:
Zarate. Abstain: None.
TEMPORARY USE PERMITS 2009 (203-1-25)
18. Temporary Use Permit — Bayview Banner advertising "Condos from
$125,000 (619) 336-0303"at the Bayview Tower building at 801 National
City Boulevard from September 16, 2009 to February 17, 2010 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 Van Deventer, seconded by Parra, to denv the
request for a Temporary Use Permit. Carried by the following vote,
to -wit: Ayes: Morrison, Parra, Sotelo-Solis, Van Deventer. Nays:
None. Absent: Zarate. Abstain: None.
Book 91 / Page 204
09-15-2009
NEW BUSINESS (cont.)
COMMUNITY DEVELOPMENT ADMIN 2007-2010 (406-2-12)
19. SUBJECT: A report on vacant retail spaces and efforts to assist property
owners with vacant retail spaces (Community Development). Staff report
by Redevelopment Manager Patricia Beard and Project Manager Colby
Young.
ACTION: Filed.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 20 and 21 (Warrant
Registers), Item Nos. 22 through 25 (Resolution Nos. 2009-227 through 2009-
230). Motion by Van Deventer, seconded by Parra, to approve the Consent
Calendar. Carried by unanimous vote.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
20. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $52,226.04 to the City of National City for
the period of 08/12/09 through 08/18/09. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
21. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $273,323.84 to the City of National City for
the period of 08/19/09 through 08/25/09. (Finance)
ACTION: Approved. See above.
CONTRACT (C2006-34)
22. Resolution No. 2009-227. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE A MEMORANDUM OF
UNDERSTANDING IN THE AMOUNT NOT -TO -EXCEED $25,000
ANNUALLY WITH THE SAN DIEGO STATE UNIVERSITY FOUNDATION
TO PROVIDE BUSINESS MANAGEMENT TECHNICAL ASSISTANCE
TO NATIONAL CITY BUSINESS. (Community Development, Housing
and Grants)
ACTION: Adopted. See above.
Book 91 / Page 205
09-15-2009
CONSENT CALENDAR (cont.)
CONTRACT (C2009-70)
23. Resolution No. 2009-228. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING AN AGREEMENT WITH O'DAY CONSULTANTS, INC. TO
PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES IN THE
AMOUNT NOT -TO -EXCEED $75,000 AND AUTHORIZING THE
CHAIRMAN TO EXECUTE THE AGREEMENT. (Redevelopment)
ACTION: Adopted. See above.
CONTRACT (C2009-71)
24. Resolution No. 2009-229. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING AN AGREEMENT WITH KTU&A TO PROVIDE AS -
NEEDED PLANNING AND URBAN DESIGN SERVICES IN THE
AMOUNT NOT -TO -EXCEED $75,000 AND AUTHORIZING THE
CHAIRMAN TO EXECUTE THE AGREEMENT. (Redevelopment)
ACTION: Adopted. See above.
CONTRACT (C2009-72)
25. Resolution No. 2009-230. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING AN AGREEMENT WITH LATITUDE 33 TO PROVIDE AS -
NEEDED PLANNING AND URBAN DESIGN SERVICES IN THE
AMOUNT NOT -TO -EXCEED $75,000 AND AUTHORIZING THE
CHAIRMAN TO EXECUTE THE AGREEMENT. (Redevelopment)
ACTION: Adopted. See above.
STAFF REPORTS
CITYWIDE HOUSING ADMIN (303-4-1)
26. Presentation on the National City First -Time Homebuyer Program.
(Housing and Grants Division/Community Development Department)
(Copy on file in the Office of the City Clerk)
Book 91 / Page 206
09-15-2009
STAFF REPORTS (cont.)
BOARDS & COMMISSIONS ADMIN (101-1-1)
27. Boards & Commissions staff report, recommendations and City Council
actions. (City Clerk)
RECOMMENDATION: Review the report and take any actions deemed
appropriate.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Parra, to approve
all recommendations contained in the staff report except
deactivation of the Public Art Committee. Carried by the following
vote, to -wit: Ayes: Morrison, Parra, Sotelo-Solis, Van Deventer.
Nays: None. Absent: Zarate. Abstain: None.
FINANCIAL MANAGEMENT 2009-2010 (204-1-25)
28. Financial Update — Proposition 1A, ERAF Shift, Fiscal Condition.
(Finance). (Copy on file in the Office of the City Clerk)
ACTION: Filed.
CITY MANAGER / REPORTS ADMIN (1104-1-12)
29. City Manager's response to correspondence from towing companies.
(City Manager) (Copy on file in the Office of the City Clerk)
City Manager Zapata stated for the record, his disappointment with the
communication efforts of the tow companies who sent the media a copy of
a letter addressed to the City that was date stamped late August but not
delivered to the City until September 15th
ACTION: Filed.
CLOSED SESSION REPORT (509-1-4)
30. City Council / CDC Attorney George Eiser stated there was nothing to
report from the Closed Session. (See attached Exhibit `L')
CDC Executive Director Brad Raulston reported that the Marine Life Protection
Act legislation has been withdrawn.
Fire Chief Rod Juniel advised the City Council that the County Board of
Supervisors has requested the National Fire Departments participation in a
Regional Fire and Emergency Service Deployment Study
MAYOR AND CITY COUNCIL
Student Representative Michael Mendoza said he was pleased to hear the
update on empty retail space in the city and looks forward to the indoor roller
coaster going into the old Mervyn's store Plaza Bonita.
Book 91 / Page 207
09-15-2009
MAYOR AND CITY COUNCIL (cont.)
Member Parra expressed thanks to the Fire Department for their annual 9-11
remembrance event and clarified for staff the lighting problems at the Happy
Hallow mobile home park.
Member Sotelo-Solis expressed sadness about the closure of the Farmers
Market and complimented staff for including information on the H1 N1 flu virus on
the City web site.
Member Van Deventer reported that the City, working with the Chamber of
Commerce and State of California, is making progress on new freeway signs.
Mayor Morrison invited everyone to the State of the City event scheduled on
September 17Th at the Cornerstone Church.
ADJOURNMENT
The meeting was adjourned in memory of Julian Galvin, son-in-law of
Councilwoman Rosalie Zarate and retired Fire Battalion Chief Danny Gradillas.
Next Regular Meeting of the City Council and Community Development
Commission to be held Tuesday, October 6, 2009 at 6:00 p.m., Council
Chambers, National City.
The meeting closed at 8:12 p.m.
A A rM
City Clerk / Rec rding Secretary
The foregoing minutes were approved at the Regular Meeting of October 19,
2009.
Mayor / CDC Chairman
EXHIBIT `L'
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ZRCORPORATE
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
Special Meeting - Tuesday, September 15, 2009 - 5:00 p.m.
ROLL CALL
CLOSED SESSION
1. Conference with Labor Negotiators - Govemment Code Section 54957.6
Agency Designated Representatives: Stacey Stevenson, Jeanette Ladrido, David
Pease, Claudia Silva
Employee Organization: Municipal Employees' Association
2. Liability Claims - Government Code Section 54956.95
Worker's Compensation Claims
Agency Claimed Against: City of National City
Number of Claims: One
3. Conference with Legal Counsel - Existing Litigation - Govemment Code Section
54956.9 (a)
P. G. & T. Inc. v. City of National City
San Diego Superior Court Case No. 37-2009-00076189-CU-OR-SC
4. Conference with Legal Counsel - Existing Litigation - Government Code Section
54956.9 (a)
Donald Ahles v. City of National City
San Diego Superior Court Case No. GIS20592
ADJOURNMENT
Next Regular City CounciVCDC Meeting - Tuesday, September 15, 2009, 6:00 p.m.,
Council Chambers, Civic Center
COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES
MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov