HomeMy WebLinkAbout2009 11-03 CC CDC MINBook 91 / Page 236
11-03-2009
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
November 3, 2009
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:06 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, Gonzales,
Hodges, Juniel, Ladrido, Raulston, Smith, Stevenson, Williams.
Others present: Student Representatives Michael Mendoza and Christina Dickey.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Michael Anderson, representing West Coast Cab, briefed the City Council on
issues related to their auto repair facility being red tagged by the City.
Petra Barajas, Chula Vista, spoke about a three million dollar loan from the city to
a developer.
Geoffrey Schrock, National City, thanked the city for the nice event at Pier 32 and
referred concerns about the property at 1635 Coolidge Avenue and the vacant
property at Plaza Blvd., and Palm Avenue.
Gary Woodson, The Palavra Tree Inc., reported on the sales rate for tobacco
licensees selling to minors and was interested in finding some why to hold
merchants accountable. Member Parra requested that the issue of tobacco sales
to minors be placed on the next agenda.
Maria Mesa, National City, spoke in support a law limiting smoking in rental units.
Gabriela Magana, National City, supports a law limiting smoking in rentals.
Book 91 / Page 237
11-03-2009
INTERVIEWS/APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
1. Interviews and Appointments: Library Board of Trustees and Community
and Police Relations Commission. (City Clerk)
Debbie Hernandez and Francisco Quezada were present and were
interviewed.
ACTION: Motion by Morrison, seconded by Sotelo-Solis, to appoint
Debbie Hernandez and Francisco Quezada to the Library Board of
Trustees and Mona Rios and William Sendt to the Community &
Police Relations Commissions. Carried by unanimous vote.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 2 (Minutes), Item No. 3
(NCMC), Item Nos. 4 through 10 (Resolution Nos. 2009-264 through 2009-270),
Item Nos. 11 and 12 (Warrant Registers), Item No. 13 (Report). Motion by Parra,
seconded by Van Deventer, to approve the Consent Calendar. Carried by the
following vote, to -wit: Ayes: Morrison, Parra, Van Deventer, Zarate. Nays: None.
Absent: Sotelo-Solis. Abstain: None.
APPROVAL OF MINUTES
2. SUBJECT: Approval of the Minutes of the Regular City
Council/Community Development Commission Meeting of October 6,
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.
Book 91 / Page 238
11-03-2009
CONSENT CALENDAR (cont.)
CONTRACT (C2009-1)
4. Resolution No. 2009-264. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A CONTRACT
AGREEMENT BETWEEN THE CITY AND HARRIS & ASSOCIATES 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 (C2009-90)
BLOCK GRANT PROGRAM ADMIN 2009-2010 (406-1-24)
5. Resolution No. 2009-265. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ASSIGNING A FISCAL YEAR 2009-2010
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION
OF $41,203 FOR THE NATIONAL CITY POLICE DEPARTMENT
HOMELESS OUTREACH PROGRAM AND ENFORCEMENT TO SOUTH
BAY COMMUNITY SERVICES AS CDBG SUBRECIPIENT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CDBG SUBRECIPIENT
AGREEMENT ALLOCATING SAID CDBG FUNDS. (Housing and Grants
Division/Community Development)
ACTION: Adopted. See above.
CONTRACT (C2009-52)
6. Resolution No. 2009-266. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO AGREEMENT WITH GROSSMAN
PSYCHOLOGICAL ASSOCIATES, APC IN THE NOT -TO -EXCEED
AMOUNT OF $51,000 TO EXTEND THE TERM OF THE AGREEMENT
FOR ONE ADDITIONAL YEAR TO PROVIDE PRE -PLACEMENT
EVALUATIONS, PRE -EMPLOYMENT EXAMS, OFFICER ASSISTANCE
PROGRAM, CRITICAL INCIDENT DEBRIEFINGS AND FITNESS FOR
DUTY EVALUATIONS FOR THE POLICE DEPARTMENT. (Police)
ACTION: Adopted. See above.
Book 91 / Page 239
11-03-2009
CONSENT CALENDAR (cont.)
GRANT / PUBLIC SAFETY (206-4-27)
7. Resolution No. 2009-267. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE
AMOUNT OF $34,084.35 FOR THE REIMBURSABLE GRANT
PURCHASE OF EQUIPMENT FOR THE POLICE FROM THE FY08
STATE HOMELAND SECURITY GRANT PROGRAM AND CITIZEN'S
OPTION FOR PUBLIC SAFETY PROGRAM (COPS/SLESF) 08-09 AND
TO SOLE SOURCE TRITECH AS THE VENDOR FOR THE AUTOMATIC
VEHICLE LOADING SYSTEM TECHNOLOGY. (Police)
ACTION: Adopted. See above.
CONTRACT (C2009-92)
8. Resolution No. 2009-268. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF
$50,600 WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE
DOMESTIC VIOLENCE RESPONSE SERVICES FOR THE CAL-EMA
GRANT -FUNDED CHILDREN EXPOSED TO DOMESTIC VIOLENCE
SPECIALIZED RESPONSE PROGRAM. (Police)
ACTION: Adopted. See above.
CONTRACT (C2009-93)
9. Resolution No. 2009-269. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE NATIONAL CITY MILE OF
CARS ASSOCIATION TO PROVIDE TWO SERVICEABLE, USED,
UNMARKED VEHICLES EVERY 60 DAYS FROM VARIOUS
PARTICIPATING DEALERS TO BE USED BY THE NATIONAL CITY
POLICE INVESTIGATIONS UNIT AT NO COST TO THE CITY. (Police)
ACTION: Adopted. See above.
LABOR RELATIONS POA 2009-2011 (605-3-9)
10. Resolution No. 2009-270. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE
NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR THE TERM
JULY 1, 2009 THROUGH JUNE 30, 2011. (Human Resources)
ACTION: Adopted. See above.
Book 91 / Page 240
11-03-2009
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
11. Warrant Register #14 for the period of 09/30/09 through 10/06/09 in the
amount of $2,281,805.77. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
12. Warrant Register #15 for the period of 10/07/09 through 10/13/09 in the
amount of $538,289.47. (Finance)
ACTION: Ratified. See above.
FINANCIAL MANAGEMENT 2009-2010 (204-1-25)
13. Investment Report for quarter ended September 30, 2009. (Finance)
ACTION: Filed. See above.
PUBLIC HEARING
SUBDIVISIONS / VARIANCES 2009 (415-1-5)
14. Public Hearing for a proposed Planned Development, Tentative
Subdivision Map, and Negative Declaration for a 72-unit condominium
complex located at the southeast corner of East Plaza Boulevard and
Palm Avenue. (Applicant: Gary Watts) (Case File 2008-46 S, PD, IS)
(Development Services/Planning)
RECOMMENDATION: Planning staff concurs with the decision of the
Planning Commission and recommends approval.
City Attorney Eiser advised that a timely appeal of the Planned
Development was filed by Thrifty Oil and recommends that the item be
continued to the next meeting to allow Thrifty Oil to present their appeal on
the merits.
TESTIMONY: Steven McKinley, representing Thrifty Oil Company,
spoke against approval of the Planned Development and requested
the item be continued.
Juan -Pablo Mariscal, the applicant, spoke in favor of the Planned
Development, Tentative Subdivision Map and Negative Declaration.
Mike Jariwala, National City, expressed concerns about traffic and
noise from the proposed development and reported an on -going
noise coming from the gas station property.
Book 91 / Page 241
11-03-2009
PUBLIC HEARING
SUBDIVISIONS / VARIANCES 2009 (415-1-5)
14. Public Hearing (continued).
ACTION: Council Member Parra stated for the record, "I know we
have to hold it over. I am only doing it because I respect the
opinion of our City Attorney telling me what the right and legal thing
to do is, but personally, I would approve it and allow the project to
move forward. And Thrifty, I just don't know what to say. I'm very
suspect of their issues moving forward at the last minute. That is
not to say that I don't want to see a bigger, better mixed use project
for that corner. We've envisioned that from day one. That is what's
frustrating — we have been reaching out to Thrifty for years to get
this done and now when it's moving forward it's an issue".
Motion by Van Deventer, seconded by Sotelo-Solis, to continue to
the next meeting to allow consideration of appeal on its merits.
Motion by Sotelo-Solis to amend the motion to continue for 30
days. Amended motion died for lack of a second. Motion carried
by unanimous vote.
ORDINANCES FOR ADOPTION
MUNICIPAL CODE 2009 (506-2-24)
HOUSING & COMMUNITY DEV COMM ADMIN (101-12-1)
15. 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: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
adopt the Ordinance. Carried by unanimous vote.
MUNICIPAL CODE 2009 (506-2-24)
HOUSING & COMMUNITY DEV COMM ADMIN (101-12-1)
16. 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: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to adopt the
Ordinance. Carried by unanimous vote.
Book 91 / Page 242
11-03-2009
NEW BUSINESS
TEMPORARY USE PERMITS 2009 (203-1-25)
17. Temporary Use Permit — Pancake Breakfast hosted by the Fire Fighters
Association 2744 in conjunction with "Christmas in July" (Spirit of the
Holidays) on November 14, 2009 from 8 am to 12 pm at Fire Station #34
Headquarters located at 343 E. 16th Street. Applicant has requested a
waiver of fees. (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 Van Deventer, seconded by Zarate, to approve
staff recommendation. Carried by unanimous vote.
GENERAL PLAN 2009-2013 (405-8-6)
18. General Plan Update - Public Participation Options for Discussion.
(Community Development)
ACTION: Filed.
FINANCE DEPT ADMIN (1104-1-13)
19. Request for Qualifications for financial advisory services for the City of
National City and the Community Development Commission of the City of
National City. (Finance)
RECOMMENDATION: Accept and file.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
approve staff recommendation. Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 20 and 21 (Warrant
Registers), Item No. 22 (Report). Motion by Van Deventer, seconded by Zarate,
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 $155,318.46 to the City of National City for
the period of 10/07/09 through 10/13/09. (Finance)
ACTION: Approved. See above.
Book 91 / Page 243
11-03-2009
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
21. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $859,324.30 to the City of National City for
the period of 09/30/09 through 10/16/09. (Finance)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2009-2010 (204-1-25)
22. Investment Report for quarter ended September 30, 2009. (Finance)
ACTION: Filed. See above.
STAFF REPORTS
MIS DEPT ADMIN (1104-1-14)
23. Technology Update. Copy on file in the Office of the City Clerk. (MIS)
ACTION: Filed.
CLOSED SESSION REPORT (509-1-4)
24. City Council / CDC Attorney George Eiser reported that one additional
item was added to the Closed Session Agenda regarding anticipated
litigation under Government Code Section 54956.9 and there was nothing
further to report from the Closed Session. (See attached Exhibit 'L')
Fire Chief Rod Juniel reported that the 'Tower of Terror' Halloween event held at
the Fire Station was a tremendous success with over 3100 attendees. According
to the Chief, the success of the event was due to the collaborative efforts of over
55 volunteers from city staff, departments and employee groups.
Community Services Director Brenda Hodges reminded everyone about the
Quarterly Neighborhood Council Breakfast on November 14th and the planned
food drive by the East Side Neighborhood Council and reported that the Public
Safety Fair was a success with over 23 agencies participating.
MAYOR AND CITY COUNCIL
Member Sotelo-Solis congratulated Fire Chief Juniel and everyone involved for a
great Halloween event.
Member Zarate and Fire Chief Juniel reported on the new MOU between
Heartland Fire and North County Dispatch. Member Zarate also reported on a
reward received by the Metropolitan Transit System (MTS) from the American
Public Transit Association and provided a copy of at report prepared by MTS on
taxi cabs.
Book 91 / Page 244
11-03-2009
MAYOR AND CITY COUNCIL (cont.)
Mayor Morrison reported on the opening of Red Robin, the newest restaurant at
Plaza Bonita; the very successful South County Economic Development
Corporation elected officials reception hosted by National City and the upcoming
League of California Cities dinner to be hosted by National City on April 15tn
ADJOURNMENT
Motion by Van Deventer, seconded by Zarate, to adjourn the meeting to the next
Regular Meeting of the City Council and Community Development Commission
to be held Tuesday, November 17, 2009 at 6:00 p.m., Council Chambers,
National City. Carried by unanimous vote.
The meeting closed at 8:05 p.m.
4
City'Clerk/ Recording Secretary
The foregoing minutes were approved at the Regular Meeting of December 15,
2009.
9/4
Mayor / CDC Chairman
EXHIBIT `L'
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
Civic Center
Large Conference Room
1243 National City Boulevard
National City, California
Tuesday, November 3, 2009 - 5:00 p.m.
ROLL CALL
CLOSED SESSION
1. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Stacey Stevenson, Claudia Silva,
Jeanette Ladrido, David Pease
Employee Organization: Municipal Employees' Association
2. Conference with Legal Counsel — Existing Litigation — Government Code
Section 54956.9 (a)
Donald Ahles v. City of National City, et al.
San Diego Superior Court Case No. GIS20592
ADJOURNMENT
Next Regular City Council/CDC Meeting — Tuesday, November 3, 2009, 6:00
p.m., Council Chambers, Civic Center