HomeMy WebLinkAbout2009 12-15 CC CDC MINBook 91 / Page 262
12-15-2009
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
December 15, 2009
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:07 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, Raulston, Smith, Stevenson, Zapata.
Others present: Student Representative Michael Mendoza.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Antonia Ramirez, San Diego, complained about churches, public officials and
non-profit organizations in San Diego.
Frank Lopez, National City, thanked the City Council for the many activities and
services provided to seniors.
Petra Barajas, Chula Vista, spoke about her claim against the City.
PRESENTATIONS
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
1. Employee of the Month of December, 2009 — Jessica Cissel, Recreation
Supervisor
COUNCIL MEETING PRESENTATIONS 2009 (102-10-4)
2. Red Light Camera Enforcement Presentation (City Manager)
City Manager Chris Zapata made a presentation of the City's
Comprehensive Public Safety Program. Mr. Wade Bettisworth from
Redflex Traffic Systems explained the importance of red light cameras as
a tool for improved public safety and made a PowerPoint presentation on
how such a system works. (Copies of both presentations are on file in the
Office of the City Clerk)
Book 91 / Page 263
12-15-2009
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS
2. Red Light Camera Enforcement Presentation (continued).
ACTION: The consensus of the Council was to have staff continue
working on a red Tight camera enforcement program for National
City. There was no vote.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Item No. 4
(NCMC), Item Nos. 5 through 11 (Resolution Nos. 2009-287 through 2009-293),
Item Nos. 12 and 13 (Warrant Registers). Motion by Parra, seconded by Zarate,
to pull Item No. 10, and the remainder of the Consent Calendar be approved.
Carried by unanimous vote.
APPROVAL OF MINUTES
3. SUBJECT: Approval of the Minutes of the Regular City
Council/Community Development Commission Meeting of November 3,
2009. (City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2009 (506-2-24)
4. 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.
PARKING / TRAFFIC CONTROL ADMIN 2009 (801-2-30)
5. Resolution No. 2009-287. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER
TO APPROVE INSTALLATION OF A BLUE CURB HANDICAP PARKING
SPACE WITH SIGN ON R AVENUE, ADJACENT TO THE RESIDENCE
AT 1808 E. 8TH STREET. (TSC Item No. 2009-21) (Development
Services/Engineering Division)
ACTION: Adopted. See above.
Book 91 / Page 264
12-15-2009
CONSENT CALENDAR (cont.)
PARKING / TRAFFIC CONTROL ADMIN 2009 (801-2-30)
6. Resolution No. 2009-288. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER
TO APPROVE INSTALLATION OF RED CURB "NO PARKING" AT THE
INTERSECTION OF D AVENUE AND E. 27TH STREET TO IMPROVE
SIGHT DISTANCE (TSC Item No. 2009-23). (Development
Services/Engineering Division)
ACTION: Adopted. See above.
DEED (D2009-3)
7. Resolution No. 2009-289. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A GRANT OF EASEMENT AGREEMENT WITH THE UNITED
STATES DEPARTMENT OF THE NAVY TO PROVIDE THE CITY AN
EASEMENT ON NAVAL BASE SAN DIEGO PROPERTY FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF THE FUTURE
BAYSHORE BIKEWAY. (Development Services/Engineering Division)
ACTION: Adopted. See above.
PERS ADMIN (202-3-1)
8. Resolution No. 2009-290. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING TAX DEFERRED MEMBER
PAID CONTRIBUTIONS UNDER THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS). (Human Resources)
ACTION: Adopted. See above.
CONTRACT (C2002-33)
9. Resolution No. 2009-291. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO APPROVE AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY TO PROVIDE FOR A
3% @ 55 FULL FORMULA BENEFIT FOR LOCAL POLICE MEMBERS
ENTERING MEMBERSHIP FOR THE FIRST TIME IN THE POLICE
CLASSIFICATION. (Human Resources) **Companion Item #15**
ACTION: Adopted. See above.
Book 91 / Page 265
12-15-2009
CONSENT CALENDAR (cont.)
CONTRACT (C2008-61)
10. Resolution No. 2009-292. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT
WITH BUSTAMANTE & ASSOCIATES FOR A TERM OF SIX MONTHS
AND A MONTHLY FEE OF $6,000. (City Attorney)
ACTION: Motion by Van Deventer, seconded by Zarate, to adopt
the Resolution. Carried by unanimous vote. It was requested that
City Council receive a monthly written report from the consultant.
CONTRACT (C2004-10)
11. Resolution No. 2009-293. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT FOR POLICE, FIRE, AND EMERGENCY MEDICAL
SERVICES. (City Manager)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
12. Warrant Register #20 for the period of 11/11/09 through 11/17/09 in the
amount of $1,826,618.15. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
13. Warrant Register #21 for the period of 11/18/09 through 11/24/09 in the
amount of $695,106.41. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARING
Councilmember Zarate disclosed that she owns property in close proximity to the
project to be considered under Agenda Item No. 14, and for that reason she
would abstain from participating and leave the chamber in order to avoid any
potential conflict of interest.
Member Zarate left the Council Chambers at 6:53 p.m.
Book 91 / Page 266
12-15-2009
PUBLIC HEARING (cont.)
SUBDIVISIONS / VARIANCES 2009 (415-1-5)
14. Continued Public Hearing for, and appeal of Thrifty Oil Company from
Planning Commission Resolution No. 23-2009, pertaining to 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: Palm Plaza
Associates, LLC) (Case File 2008-46 S, PD, IS) (Development
Services/Planning Division)
RECOMMENDATION: Staff concurred with the decision of the Planning
Commission to approve the Tentative Map and Negative Declaration.
TESTIMONY: Howard Burns, representing Thrifty Oil, spoke in
support of the Planned Development Permit provided there was a
minor change accommodating mutual use of the driveway.
Juan Pablo Mariscal, the applicant, spoke in support and was open
to consideration of mutual use of the driveway.
ACTION: Motion by Parra, seconded by Van Deventer, to close the
Public Hearing. Carried by the following vote, to -wit: Ayes:
Morrison, Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent:
None. Abstain: Zarate.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
approve the Planning Commission recommendation. Carried by
the following vote, to -wit: Ayes: Morrison, Parra, Sotelo-Solis, Van
Deventer. Nays: None. Absent: None. Abstain: Zarate.
Councilmember Zarate returned to the Council Chambers at 7:00 p.m.
ORDINANCE FOR INTRODUCTION
MUNICIPAL CODE 2009 (506-2-24)
15. INTRODUCTION OF AN ORDINANCE OF THE CITY OF NATIONAL
CITY TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM, AND THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO PROVIDE FOR A 3% @ 55 FULL
FORMULA BENEFIT FOR LOCAL POLICE MEMBERS ENTERING
MEMBERSHIP FOR THE FIRST TIME IN THE POLICE
CLASSIFICATION. (Human Resources) **Companion Item #9*,
Book 91 / Page 267
12-15-2009
NEW BUSINESS
MUNICIPAL CODE 2009 (506-2-24)
16. Report on the State Required Model Water Efficient Landscape
Ordinance, AB 1881. (Development Services/Planning Division)
RECOMMENDATION: Direct staff to prepare a Water Efficient Landscape
Ordinance that is tailored to the City's current development patterns and
that complies with the state standards.
TESTIMONY: None.
ACTION: The City Council was advised that staff would be
returning in January with a local Ordinance. There was no vote.
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
17. Request to use the Martin Luther King, Jr. Community Center by
Christmas in July for their annual food basket distribution day on Saturday,
December 19, 2009. (Community Services)
RECOMMENDATION: Approve the request.
TESTIMONY: None.
ACTION: Pulled at request of applicant. No action taken.
TEMPORARY USE PERMITS 2009 (203-1-25)
18. Temporary Use Permit — Valencia Stone & Tile Sale's Inflatable Blue
Gorilla at 1124 Coolidge Ave. from December 16, 2009 to January 31,
2010 with no waiver of fees. (Neighborhood Services Division)
RECOMMENDATION: Approve the application for a Temporary Use
Permit subject to compliance with all conditions of approval.
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)
19. Temporary Use Permit — Cornerstone Church of San Diego banners
advertising services and special events at 1920 Sweetwater Road from
December 16, 2009 to December 19, 2010, with no waiver of fees.
(Neighborhood Services Division)
RECOMMENDATION: Based on some safety issues and current
concerns raised by City Building Official, staff recommends DENIAL of
application for a Temporary Use Permit. Staff recommends that the
applicant contact the Building Official to make arrangements for signage
permit processing. The banners have already been in place and can't be
displayed in lieu of a permanent sign per NCMC 18.62.100 (C) 2.
TESTIMONY: An un-named speaker representing Cornerstone
Church, spoke is support of a TUP.
Book 91 / Page 268
12-15-2009
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2009 (203-1-25)
19. Temporary Use Permit — Cornerstone Church banners (continued).
ACTION: Motion by Van Deventer in favor of staff
recommendation. Motion died for lack of a second.
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. 20 and 21 (Warrant
Registers), Item Nos. 22 and 23 (Resolution No. 2009-294 and 2009-295).
Motion by Parra, 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 $134,790.66 to the City of National City for
the period of 11/11/09 through 11/17/09. (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 $144,113.05 to the City of National City for
the period of 11/18/09 through 11/24/09. (Finance)
ACTION: Approved. See above.
CONTRACT (C2009-97)
22. Resolution No. 2009-294. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) RATIFYING AND AUTHORIZING THE EXECUTIVE DIRECTOR
TO EXECUTE A LOAN AGREEMENT FOR A LOAN IN THE AMOUNT
OF $32,694 WITH THE CENTER FOR CREATIVE LAND RECYCLING
TO OBTAIN FUNDING TO CONDUCT A SITE ASSESSMENT AND
CHARACTERIZATION OF HAZARDOUS MATERIALS ON THE
PROPERTY LOCATED AT 2300 CLEVELAND AVENUE.
(Redevelopment)
ACTION: Adopted. See above.
Book 91 / Page 269
12-15-2009
CONSENT CALENDAR (cont.)
CONTRACT (C2006-37)
23. Resolution No. 2009-295. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE A ONE-YEAR
AGREEMENT IN THE AMOUNT OF $7,500 PER MONTH BETWEEN
THE CDC AND HUSK PARTNERS, INC. TO PROVIDE
GOVERNMENTAL AFFAIRS, POLITICAL STRATEGIES, ECONOMIC
DEVELOPMENT, PUBLIC AND MEDIA RELATIONS, PLANNING AND
MARKETING, AND LEGISLATIVE ADVOCACY CONSULTING
SERVICES. (City Attorney)
ACTION: Adopted. See above.
STAFF REPORTS
POLICE DEPT ADMIN (302-4-1)
24. Low -rider Holiday Partnership. (Police)
Police Chief Gonzales reported that the 6th Annual Holiday Giveaway, in
partnership with the Latino Police Officers Association, National City
Police Officers Association, Foodland, the Low Rider Community and
Police Explorers, is scheduled for December 17th
HOUSING & GRANTS DEPT ADMIN (1104-1-9)
25. CDBG and Consolidated Plan Update. (Housing & Grants)
Alfredo Ybarra, Housing & Grants Manager, distributed and discussed a
Time Line for the FY 2011-2015 Consolidated Plan and FY 2010 — 2011
Action Plan. Copy on file in the Office of the City Clerk.
CLOSED SESSION REPORT (509-1-4)
26. City Council / CDC Attorney George Eiser reported that the City Council,
acting as the Council and as the Board of the CDC, authorized the
initiation of litigation in two separate matters. The identities of the action
and the parties will be disclosed after litigation is commenced, upon
request, unless such disclosure would interfere with the service of process
or the ability to conclude existing settlement negotiations. (See attached
Exhibit `L')
Book 91 / Page 270
12-15-2009
STAFF REPORTS (cont.)
Minh Duong, City Librarian, announced that the National City Public Library was
recognized in an article in the Library Journal as one of America's Star Libraries;
a distinction granted to only 258 out of 7268 libraries nationwide and 15 libraries
in the State of California.
City Manager Chris Zapata publicly announced that Fire Chief Rod Juniel will be
leaving the city after five years of distinguished service and that a nationwide
recruitment effort will be commenced to find a suitable replacement.
MAYOR AND CITY COUNCIL
Student Commissioner Michael Mendoza expressed support for red light
cameras and suggested that 30th and Highland be considered a prime location.
Member Parra extended holiday wishes to everyone.
Member Sotelo-Solis extended holiday wishes and emphasized how important it
is for everyone to be counted during the upcoming census. Member Sotelo-Solis
requested staff assistance in having Census posters posted.
Member Zarate wished everyone a Merry Christmas; requested that the timing
for the signal at 8th & Palm be checked and expressed sadness at losing Fire
Chief Juniel.
Mayor Morrison said that 2009 has been a relatively good one for the City when
compared to so many others and extended Christmas and holiday greetings to
everyone.
ADJOURNMENT
Motion by Van Deventer, 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, January 5, 2010 at 6:00 p.m., Council
Chambers, National City. Carried by unanimous vote.
The meeting closed at 7:44 p.m.
Book 91 / Page 271
12-15-2009
City Jerk / Reco ding Secretary
The foregoing minutes were approved at the Regular Meeting of February 16,
2010.
Mayor / CDC Chairman
EXHIBIT `L'
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, December 15, 2009 - 5:00 p.m.
ROLL CALL
CLOSED SESSION
COMMUNITY DEVELOPMENT COMMISSION
1. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(c)
One Potential Case
CITY COUNCIL
2. 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
3. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(c)
Two Potential Cases
4. Conference with Legal 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, December 15, 2009, 6:00 p.m.,
Council Chambers, Civic Center