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HomeMy WebLinkAbout2009 10-06 CC CDC MINBook 91 / Page 208 10-06-2009 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA October 6, 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, Duong, Eiser, Hodges, Juniel, 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 Maggie Gonzalez, President of National City Diablo's Pop Warner, spoke in support of a joint use agreement with the Sweetwater High School District for athletic facilities at the High School. Petra Barajas, Chula Vista, spoke of the difficulty she has had in discovering the name of the operator of the Morgan and Kimball Towers since they don't appear to have a business license with the City. Antonia Ramirez spoke of problems she experienced at Father Joe's Village in San Diego and the lack of response from San Diego officials in dealing with the issue. Eddie Perez, National City, told the City Council he felt it was important to have interpretation services at all City events including Neighborhood Council meetings. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Minutes), Item No. 2 (NCMC), Item Nos. 3 through 11 (Resolution Nos. 2009-231 through 2009-239), Item Nos. 12 and 13 (Warrant Registers). Motion by Van Deventer, seconded by Parra, to approve the Consent Calendar. Carried by unanimous vote. Book 91 / Page 209 10-06-2009 CONSENT CALENDAR (cont.) APPROVAL OF MINUTES 1. SUBJECT: Approval of the Minutes of the Regular City CounciV Community Development Commission Meeting of September 1, 2009. (City Clerk) ACTION: Approved. See above. MUNICIPAL CODE 2009 (506-2-24) 2. 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. STREET SIGNS ADMIN (903-12-1) 3. Resolution No. 2009-231. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF "NO STOPPING" SIGNS ALONG PORTIONS OF EUCLID AVENUE BETWEEN PLAZA BOULEVARD AND E. 8TH STREET TO IMPROVE SAFETY DUE TO INSUFFICIENT OUTSIDE TRAVEL LANE WIDTHS ALONG MOST OF THE ROADWAY SEGMENT. (TSC Item No. 2009-20) Engineering) ACTION: Adopted. See above. CONTRACT (C2007-52) 4. Resolution No. 2009-232. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY REPUBLIC ITS, INC. WITH THE FINAL AMOUNT OF $442,984.50, AUTHORIZING THE MAYOR TO SIGN THE FINAL CONTRACT BALANCE AND NOTICE OF COMPLETION TO BE FILED WITH THE COUNTY RECORDER FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, SPEC. NO. 06-05. (Funded by State Safe Routes to School Grant and the City's General Fund). (Engineering) ACTION: Adopted. See above. CONTRACT (C2009-77) 5. Resolution No. 2009-233. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $66,000.00 TO PALM ENGINEERING CONSTRUCTION COMPANY, INC. FOR THE NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4), AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Funded through General Funds) (Development Services/Engineering) ACTION: Adopted. See above. Book 91 / Page 210 10-06-2009 CONSENT CALENDAR (cont.) CONTRACT (C2009-78) 6. Resolution No. 2009-234. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONTRACT AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA SOIL & TESTING FOR THE NOT -TO -EXCEED AMOUNT OF $150,000 FOR A ONE YEAR PERIOD TO PROVIDE ON -CALL GEO-TECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. (Various Capital Improvement Project funds) (Development Services/Engineering Division) ACTION: Adopted. See above. CONTRACT (C2009-79) 7. Resolution No. 2009-235. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONTRACT AGREEMENT BETWEEN THE CITY AND PROJECT PARTNERS FOR THE NOT -TO -EXCEED AMOUNT OF $100,000 FOR A ONE YEAR PERIOD TO PROVIDE ON -CALL PROFESSIONAL ENGINEERING, FINANCING, SURVEYING, PROJECT/CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. (Various Capital Improvement Project funds) (Development Services/Engineering Division) ACTION: Adopted. See above. CONTRACT (C2006-25) 8. Resolution No. 2009-236. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT NO. 5 TO THE AGREEMENT WITH RICK ENGINEERING COMPANY IN THE AMOUNT NOT -TO -EXCEED $53,400 FOR CIVIL ENGINEERING SUPPORT, SURVEYING AND STAKING SERVICES IN CONJUNCTION WITH MARINA GATEWAY STREETSCAPE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. (Funded by Tax Increment fund) (Development Services/Engineering Division) ACTION: Adopted. See above. Book 91 / Page 211 10-06-2009 CONSENT CALENDAR (cont.) CONTRACT (C2009-80) 9. Resolution No. 2009-237. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONTRACT AGREEMENT BETWEEN THE CITY AND WADE & ASSOCIATES FOR THE NOT -TO -EXCEED AMOUNT OF $200,000 FOR A ONE YEAR PERIOD TO PROVIDE ON -CALL PROFESSIONAL ENGINEERING, FINANCING, SURVEYING PROJECT/CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. (Various Capital Improvement Project funds) (Development Services/Engineering Division) ACTION: Adopted. See above. CONTRACT (C2004-42) 10. Resolution No. 2009-238. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM. THE CITY OF NATIONAL CITY WILL BE REIMBURSED A TOTAL OF $202,841.59 FOR POLICE SCHOOL RESOURCE OFFICER SERVICES. (Police) ACTION: Adopted. See above. CIVIL SERVICE RULES / AMENDMENTS (603-1-1) 11. Resolution No. 2009-239. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CIVIL SERVICE RULES I, II, AND III IN SUPPORT OF THE CREATION OF A CAREER ADVANCEMENT PROGRAM. (Human Resources) ACTION: Adopted. See above. WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24) 12. Warrant Register #9 for the period of 08/26/09 through 09/01/09 in the amount of $1,644,564.17. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24) 13. Warrant Register #10 for the period of 09/02/09 through 09/08/09 in the amount of $1,500,405.26. (Finance) ACTION: Ratified. See above. Book 91 / Page 212 10-06-2009 PUBLIC HEARINGS SPECIFIC PLAN — DOWNTOWN (417-1-9) 14. Public Hearing — Planning Commission recommended approval of an Amendment to the National City Downtown Specific Plan to allow Extended -Stay Hotel uses within the Development Zone 5B where mixed - use residential uses are currently permitted and recommended approval of an Addendum to the Certified Program Environmental Impact Report for the Downtown Specific Plan and recommended filing of a Notice of Determination 3403 E. Plaza Blvd. (Applicant: Constellation Property Group) (Case File 2008-53 SPA) **Companion Item #20** RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends approval. TESTIMONY: None. ACTION: Motion by Parra, seconded by Van Deventer, to close the Public Hearing. Carried by unanimous vote. MUNICIPAL CODE 2009 (506-2-24) REDEV NATIONAL CITY REDEV PROJECT (411-1-10) 15. Public Hearing - Ordinance of the City Council of the City of National City amending the Redevelopment Plan for the National City Redevelopment Project to extend, with respect to certain constituent project areas, the deadlines for effectiveness and the deadlines to repay indebtedness or receive property taxes pursuant to Senate Bill 1096, as codified in Health and Safety Code Section 33333.6(e). (Community Development) **Companion Item #16** RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Parra, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION MUNICIPAL CODE 2009 (506-2-24) REDEV NATIONAL CITY REDEV PROJECT (411-1-10) 16. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT TO EXTEND, WITH RESPECT TO CERTAIN CONSTITUENT PROJECT AREAS, THE DEADLINES FOR EFFECTIVENESS AND THE DEADLINES TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES PURSUANT TO SENATE BILL 1096, AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e). (City Attorney) **Companion Item #15** Book 91 / Page 213 10-06-2009 ORDINANCES FOR ADOPTION MUNICIPAL CODE 2009 (506-2-24) HOUSING & COMMUNITY DEV COMM ADMIN (101-12-1) 17. 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) RECOMMENDATION: City Attorney George Eiser recommended that the Ordinance be filed. A new Ordinance will be prepared and brought back for first reading. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to file the Ordinance. Carried by unanimous vote. MUNICIPAL CODE 2009 (506-2-24) HOUSING & COMMUNITY DEV COMM ADMIN (101-12-1) 18. 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) RECOMMENDATION: City Attorney George Eiser recommended that the Ordinance be filed. A new Ordinance will be prepared and brought back for first reading. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to file the Ordinance. Carried by unanimous vote. MUNICIPAL CODE 2009 (506-2-24) BUILDING ADVISORY & APPEALS BOARD ADMIN (101-10-1) 19. 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) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Parra, seconded by Zarate to adopt the Ordinance. Carried by unanimous vote. Book 91 / Page 214 10-06-2009 NON CONSENT RESOLUTION SPECIFIC PLAN — DOWNTOWN (417-1-9) 20. Resolution No. 2009-240. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN TO ALLOW EXTENDED -STAY HOTEL USES WITHIN THE DEVELOPMENT ZONE 5B WHERE MIXED -USE RESIDENTIAL USES ARE CURRENTLY PERMITTED, AN ADDENDUM TO THE CERTIFIED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE DOWNTOWN SPECIFIC PLAN, AND THE FILING OF A NOTICE OF DETERMINATION 3403 E. PLAZA BLVD. (Applicant: Constellation Property Group) (Case File 2008-53 SPA) (Development Services/Planning Division) **Companion Item #14" ' RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Van Deventer, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS TEMPORARY USE PERMITS 2009 (203-1-25) 21. Temporary Use Permit — Health & Wellness Fair (Thanksgiving Fair) hosted by Paradise Valley Hospital and the National City Times on November 11, 2009 from 10 a.m. to 4 p.m. at the Paradise Valley Hospital employee parking grounds with no waiver of fees. The applicant has requested the City to co-sponsor this event. (Neighborhood Services Division) 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 Zarate, seconded by Van Deventer, to approve the TUP and the City be a co-sponsor. Motion withdrawn. Motion by Sotelo-Solis, seconded by Parra, the City, as co-sponsor, cover the cost of the TUP and Paradise Valley Hospital pay for the stage and Public Works. Motion by Parra, seconded by Van Deventer, to amend the motion to have Paradise Valley Hospital pav the cost of the TUP and fire inspection and the City, as co-sponsor, cover the cost of the stage. Amendment approved by the following vote, to -wit: Ayes: Parra, Sotelo-Solis, Van Deventer. Nays: Morrison, Zarate. Book 91 / Page 215 10-06-2009 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2009 (203-1-25) 21. Temporary Use Permit — Health & Wellness Fair (continued). ACTION: Motion by Parra, seconded by Van Deventer, to approve the TUP as amended. Carried by the following vote, to -wit: Ayes: Parra, Sotelo-Solis, Van Deventer. Nays: Morrison, Zarate. Absent: None. Abstain: None. CONDITIONAL USE PERMITS 2009 (403-24-1) 22. Notice of Decision — Planning Commission approval of a minor Conditional Use Permit to allow a second-hand store within an existing commercial development located at 3126 E. Plaza Boulevard, Suite A. (Applicant: Maria Nix) (Case File 2009-17 CUP) (Development Services/Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Van Deventer, to file. Carried by unanimous vote. CONDITIONAL USE PERMITS 2009 (403-24-1) 23. Notice of Decision - Planning Commission approval of a minor Conditional Use Permit application to allow a precious metal purchasing within a kiosk at Westfield Plaza Bonita located at 3030 Plaza Bonita Road. (Applicant: Goldrush CA LLC, Cash for Gold) (Case File 2009-16 CUP) (Development Services/Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by Sotelo-Solis, to file. Carried by unanimous vote. CONDITIONAL USE PERMITS 2009 (403-24-1) 24. Notice of Decision - Planning Commission approval of a minor Conditional Use Permit application to allow a music studio within an existing commercial development located at 3403 E. Plaza Blvd. (Applicant: Rowie Messina) (Case File 2009-19 CUP) (Development Services/ Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by Zarate, to file. Carried by unanimous vote. Book 91 / Page 216 10-06-2009 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2009 (403-24-1) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit application for the sale of alcohol at Red Robin Restaurant at Westfield Plaza Bonita at 3030 Plaza Bonita Road. (Applicant: Red Robin International - Tyson Boiko) (Case File 2009-13 CUP) (Development Services/Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Parra, to file. Carried by unanimous vote. CONDITIONAL USE PERMITS 2009 (403-24-1) 26. Notice of Decision — Planning Commission modification of a Conditional Use Permit approving the expansion of McDinni's restaurant with reduced parking and denying increased hours for live entertainment and proposed stage area at an existing restaurant at 105 East 8th Street. (Applicant: Paris Hagman) (Case File 2009-10 CUP) (Development Services/ Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Augie Bareno, representing the applicant, requested that they be allowed to come back and re -look at the issue of the stage and be given an opportunity to make the business work. ACTION: Motion by Zarate, seconded by Van Deventer, to file. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 27 and 28 (Warrant Registers). 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) 27. Authorize the reimbursement of Community Development Commission expenditures in the amount of $779,464.59 to the City of National City for the period of 08/26/09 through 09/01/09. (Finance) ACTION: Approved. See above. Book 91 / Page 217 10-06-2009 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24) 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $98,898.75 to the City of National City for the period of 09/02/09 through 09/08/09. (Finance) ACTION: Approved. See above. STAFF REPORTS PUBLIC WORKS DEPT ADMIN (1104-1-11) 29. SUBJECT: San Diego's Point Loma Treatment Plant secondary treatment waiver re -application. (Public Works) Public Works Director Joe Smith reviewed the history and status of the Point Loma Wastewater Treatment Plant and the pending waiver request from secondary treatment requirements. Director Smith outlined the anticipated impacts to the region and to National City rate payers and reported that a letter from the City has been sent encouraging the California Coastal Commission to grant the waiver at their hearing on October 7'h 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') Management Information Systems Manager Ron Williams reported that the City is completing a project to provide citizens free wireless access at the National City Public Library. MAYOR AND CITY COUNCIL Student Representative Christina Dickey said she thought it was good to see the city expanding the use of technology. Student Representative Michael Mendoza said that providing wireless access was a good investment that many people will use. Member Parra thanked the Public Works Department for their quick response to a citizen complaint he referred to them regarding an overhanging tree branch, reported on complaints he has received from residents of Morgan Towers regarding use of laundry facilities and the presence of children in the complex and clarified issues concerning the Happy Hollow Trailer Park. Book 91 / Page 218 10-06-2009 MAYOR AND CITY COUNCIL (cont.) Member Sotelo-Solis congratulated the Library for the recently dedicated memorial stained-glass window designed by James Hubbell and donated to the Friends of the National City Public Library. Member Van Deventer reported that he is still getting complaints regarding the planter boxes on Highland Avenue, complimented the re -striping project on the west side and advised, as the City's MTS representative, that there will be new bus routes and 57 new buses in service within the next two years. Member Zarate asked the Police Chief to look into traffic and excessive speed concerns on Highland Avenue. Mayor Morrison said there are many good things going on in the community and several new restaurants opening up. ADJOURNMENT Motion by Van Deventer, seconded by Zarate, to adjourn to an Adjourned Regular Meeting of the City Council and Community Development Commission to be held Tuesday, October 13, 2009 at 6:00 p.m., Council Chambers, National City. Carried by unanimous vote. The meeting closed at 7:26 p.m. Ci • Clerk / Re ording Secretary The foregoing minutes were approved at the Regular Meeting of November 3, 2009. Mayor / CDC Chairman EXHIBIT `L' «- 4,�MLIFQRNIA TT l i°��-�-• CI 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, October 6, 2009 - 5:00 p.m. ROLL CALL CLOSED SESSION 1. Conference with Labor Negotiators — Government 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 Leaal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b) One Potential Case ADJOURNMENT Next Regular City Council/CDC Meeting - Tuesday, October 6, 2009, 6:00 p.m., Council Chambers, Civic Center