HomeMy WebLinkAbout2010 04-06 CC CDC MINBook 92 / Page 77
04-06-2010
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
April 6, 2010
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, Sotelo-Solis, Van Deventer,
Zarate.
Administrative Officials present: Babaki, Della, Deese, Duong, Eiser, Gonzales,
Hodges, Ladrido, Parra, Raulston, Smith, Stevenson, Zapata.
Others present: Student Representatives Michael Mendoza and Christina Dickey.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Cindy Gompers Graves, Executive Director, South County Economic
Development Council (SCEDC), distributed and highlighted a report prepared by
the SCEDC dealing with the Mile of Cars. (Copy on file in the Office of the City
Clerk)
James Slade, representing the Municipal Employees Association (MEA), spoke
on behalf of the MEA and its members regarding the City's last, best and final
offer.
PROCLAMATION
PROCLAMATION ADMIN (102-2-1)
1. Proclaiming April 2010 as: "CHILD ABUSE PREVENTION MONTH"
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
1 a. Presentation to former Council Member Frank Parra.
Mayor Morrison presented a plaque to former Council Member Frank
Parra in recognition of his 7 1 years of service on the City Council as
assumes his new duties as the City's Director of Emergency Services.
Book 92 / Page 78
04-06-2010
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
2. A Presentation on the Status of Homeless Encampments in National City.
(City Attorney)
Presentation by Senior Assistant City Attorney Jodi Doucette. (Copy on
file in the Office of the City Clerk)
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
3. FY 2010/2011 Budget Update. (Finance)
Presentation by City Manager Chris Zapata and Finance Director Jeanette
Ladrido. (See attached Exhibit 'A')
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
4. Report by the National City Chamber of Commerce on the San Diego
Regional Enterprise Zone Program, Economic Development Loan
Program, and San Diego State University Student Consulting Program.
(Community Development)
Report and presentation by Jacqueline L. Reynoso, President/COE
National City Chamber of Commerce. (Copy on file in the Office of the
City Clerk)
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 5 (Minutes), Item No. 6
(NCMC), Item Nos. 7 through 13 (Resolution Nos. 2010-47 through 2010-53),
Item Nos. 14 through 16 (Warrant Registers). Motion by Zarate, seconded by
Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote.
APPROVAL OF MINUTES
5. SUBJECT: Approval of the minutes of the Regular City
Council/Community Development Commission Meeting of February 16,
2010. (City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2010 (506-2-25)
6. 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 92 / Page 79
04-06-2010
CONSENT CALENDAR (cont.)
POLITICAL SUPPORT ADMIN — INITIATIVES (102-4-1)
7. Resolution No. 2010-47. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY SUPPORTING GREEN BUILDING
EFFORTS THAT WILL LEAD TO SAVINGS AND INCREASED
EFFICIENCY IN SCHOOLS. (Mayor's Office)
ACTION: Adopted. See above.
ENGINEERING DEPT— GRANTS / REPORTS ADMIN (1104-1-1)
8. Resolution No. 2010-48. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A PLAN FOR USE OF THE
AMOUNT OF $908,556.49 AVAILABLE THROUGH PROPOSITION 1B
FUNDS FOR THE NATIONAL CITY'S STREET RESURFACING
PROJECT, AND SUBMITTING SAID PLAN TO THE STATE
DEPARTMENT OF FINANCE. (Development Services/Engineering)
ACTION: Adopted. See above.
ENCROACHMENT AGREEMENT ADMIN 2010 (903-14-4)
9. Resolution No. 2010-49. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE
RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THE
ESTATE OF AGNES BARBER FOR THE INSTALLATION OF 2
GROUNDWATER MONITORING WELLS AT 340 PALM AVENUE
ALONG THE CENTERLINE OF PALM AVENUE NORTH OF E. 4TH
STREET. (Development Services)
ACTION: Adopted. See above.
BLOCK GRANT PROGRAM ADMIN 2007 - 2008 (406-1-22)
CONTRACT (C2007-34)
10. Resolution No. 2010-50. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH
CHRISTMAS IN JULY NATIONAL CITY EXTENDING THE TERM TO
JUNE 30, 2011 FOR THE COMPLETION OF AN OFFICE
CONSTRUCTION PROJECT AT 2101 HOOVER AVENUE. (Community
Development)
ACTION: Adopted. See above.
Book 92 / Page 80
04-06-2010
CONSENT CALENDAR (cont.)
CONTRACT (C2005-65)
11. Resolution No. 2010-51. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE
CITY OF NATIONAL CITY REGARDING FY09 URBAN AREA SECURITY
INITIATIVE (UASI) GRANT FUNDING. (Fire)
ACTION: Adopted. See above.
GRANT / PUBLIC SAFETY (206-4-27)
12. Resolution No. 2010-53. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING REIMBURSABLE
GRANT FUNDS IN THE AMOUNT OF $28,480 FOR EQUIPMENT FOR
THE NATIONAL CITY POLICE DEPARTMENT FROM THE FY08 URBAN
AREA SECURITY INITIATIVE GRANT PROGRAM. (Police)
ACTION: Adopted. See above.
CONTRACT (C2010-14)
13. Resolution No. 2010-52. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM
ENGINEERING IN THE AMOUNT NOT -TO -EXCEED $54,500 AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR
CONSTRUCTION IMPROVEMENTS FOR THE KIMBALL BOWL SOD
PROJECT, SPECIFICATION NO. 09-19 (Funded by Park & Recreation
Capital Outlay Fund). (Development Services/Engineering)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
14. Warrant Register #35 for the period of 02/24/10 through 03/02/10 in the
amount of $949,700.84. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
15. Warrant Register #36 for the period of 03/03/10 through 03/09/10 in the
amount of $1,433,850.95. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
16. Warrant Register #37 for the period of 03/10/10 through 03/16/10 in the
amount of $496,949.19. (Finance)
ACTION: Ratified. See above.
Book 92 / Page 81
04-06-2010
PUBLIC HEARING
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
17. Public Hearing to consider adoption of Resolutions of Necessity for the
acquisition of real property for the Plaza Boulevard Street Widening
Project. (Development Services/City Attorney) **Companion Item #24**
APN 557-250-12 (NatCity Holdings, LLC).
APN 557-410-11 (U.S. Bank NA, as Trustee of Lehman Brothers)
APN 557-322-14 (Pacific Castle Bay Plaza, LLC)
APN 557-410-19 (Nagraj, Inc.)
APN 557-322-09 (National Plaza, LLC)
APN 557-250-43 (Plaza Square, LTD)
APN 557-420-33 (Shriners Hospital for Children/American International
Enterprise)
APN 557-410-15 (Orkin, Inc.)
APN 557-322-11 (Alliance Laundry Systems, LLC)
APN 557-380-51 (BDI-IV, LLC)
APN 557-420-35 (Kalesa Walk Corporation)
APN 556-590-60 & 556-590-61 (South Bay SPE, LLC)
APN 557-250-40 (Glenn Bathelor Trust)
APN 557-410-27 (Thrifty Oil Company)
APN 557-420-30 (Todd AI-Bayati/Samiya Abdul Sattar Kaddory)
APN 557-410-05 (Airtemio P. Puedan and Flora O. Puedan, Trustees)
APN 557-410-17 (Bruce M. Boogaard and Cynthia K. Boogaard)
APN 557-310-26 (Tracey Noel Miller, Trustee)
APN 556-590-51, 556-590-54, 556-590-58, 557-322-10 (South Bay Plaza,
LLC)
RECOMMENDATION: Hold the Public Hearing.
TESTIMONY: Attorney Earnest Pierucci appeared on behalf of
Tracy Miller, Trustee for the Amy Frank House Trust, and indicated
support for the plan conditioned on the donation of land by Mr.
Miller and the effectuation of the related engineering plans.
Todd AI-Bayati spoke in support of the project but expressed
concerns about the negative impacts of parking loss and not
knowing the time -frame for the construction easement.
WRITTEN COMMENTS: Written comments submitted to the City
Clerk prior to the hearing from Attorney Ernest S. Pierucci
regarding APN 557-310-26; and from the Law Firm of Luce,
Forward, Hamilton and Scripps regarding APN's 557-410-05; 557-
410-19; and 557-420-30 were entered into the record by reference.
(Copies on file in the Office of the City Clerk)
ACTION: Motion by Van Deventer, seconded by Zarate, to
close the Public Hearing. Carried by unanimous vote.
Book 92 / Page 82
04-06-2010
Item Numbers 24 through 24r were taken up next.
NON CONSENT RESOLUTIONS
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24. Resolution No. 2010-56. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-250-12;
1539 E. PLAZA BLVD; NATCITY HOLDINGS, LLC).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24a. Resolution No. 2010-57. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-11;
1615 E. PLAZA BLVD; US. BANK NA, AS TRUSTEE OF LEHMAN
BROTHERS).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24b. Resolution No. 2010-58. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-322-14;
E. PLAZA BLVD; PACIFIC CASTLE BAY PLAZA, LLC).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24c. Resolution No. 2010-59. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-19;
1700 E. PLAZA BLVD; NAGRAJ, INC.)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
Book 92 / Page 83
04-06-2010
NON CONSENT RESOLUTIONS (cont.)
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24d. Resolution No. 2010-60. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-322-09;
1220 E. PLAZA BLVD; NATIONAL PLAZA, LLC).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24e. Resolution No. 2010-61. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-250-43;
1401 E. PLAZA BLVD; PLAZA SQUARE LTD).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24f. Resolution No. 2010-62. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-420-33;
1819 E. PLAZA BLVD; SHRINERS HOSPITAL FOR
CHILDREN/AMERICAN INTERNATIONAL ENTERPRISE).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24g. Resolution No. 2010-63. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-15;
E. PLAZA BLVD; ORKIN, INC. C/O THRIFTY OIL COMPANY).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
Book 92 / Page 84
04-06-2010
NON CONSENT RESOLUTIONS (cont.)
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24h. Resolution No. 2010-64. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-322-11;
1302 E. PLAZA BLVD; ALLIANCE LAUNDRY SYSTEMS, LLC).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24i. Resolution No. 2010-65. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-380-51;
E. PLAZA BLVD; BDI-IV, LLC).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24j. Resolution No. 2010-66. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-420-35;
1858-1884 E. 12TH ST.; KALESA WALK CORP.).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24k. Resolution No. 2010-67. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 556-590-60
AND 556-590-61; 900 E. PLAZA BLVD, AND 1019-1045 HIGHLAND
AVE.; SOUTH BAY SPE, LLC).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
Book 92 / Page 85
04-06-2010
NON CONSENT RESOLUTIONS (cont.)
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
241. Resolution No. 2010-68. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-250-40;
1325 E. PLAZA BLVD; TRUSTEE OF THE GLENN BATHELOR TRUST).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24m. Resolution No. 2010-69. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-27;
E. PLAZA BLVD; THRIFTY OIL COMPANY).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24n. Resolution No. 2010-70. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-420-30;
E. PLAZA BLVD; TODD AL-BAYATI/SAMIYA ABDUL SATTAR
KADDORY).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24o. Resolution No. 2010-71. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-05;
1736-1740 E. PLAZA BLVD; AIRTEMIO P. PUEDAN AND FLORA O.
PUEDAN, TRUSTEES).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
Book 92 / Page 86
04-06-2010
NON CONSENT RESOLUTIONS (cont.)
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24p. Resolution No. 2010-72. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-17;
1735 E. PLAZA BLVD; BRUCE M. BOOGAARD AND CYNTHIA K.
BOOGAARD).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24q. Resolution No. 2010-73. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-310-26;
2401 E. PLAZA BLVD; TRACEY NOEL MILLER, TRUSTEE).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24r. Resolution No. 2010-74. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 556-590-51,
556-590-54, 556-590-58, 557-322-10; 1130, 1132, 1210, AND 1240 E.
PLAZA BLVD; SOUTH BAY PLAZA, LLC).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2010 (506-2-25)
18. AN ORDINANCE OF THE CITY COUNCIL OF THE NATIONAL CITY
AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY
ADDING CHAPTER 7.34 PERTAINING TO SHOPPING CART
CONTAINMENT. (City Attorney)
TESTIMONY: Jacqueline L. Reynoso, President/COE National City
Chamber of Commerce requested 60 to 90 days to allow the
Chamber to review the Ordinance.
Book 92 / Page 87
04-06-2010
ORDINANCES FOR INTRODUCTION (cont.)
MUNICIPAL CODE 2010 (506-2-25)
18. AN ORDINANCE OF THE CITY COUNCIL OF THE NATIONAL CITY
AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY
ADDING CHAPTER 7.34 PERTAINING TO SHOPPING CART
CONTAINMENT (continued).
TESTIMONY: Mathew Doren, California Grocers Assoc., was
neutral on the Ordinance and expressed a willingness to work with
staff.
MUNICIPAL CODE 2010 (506-2-25)
19. AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING TITLE
7 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER
7.35 PERTAINING TO ACCEPTING RECYCLABLE ITEMS FROM
SHOPPING CARTS. (City Attorney)
MUNICIPAL CODE 2010 (506-2-25)
20. AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING TITLE
9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER
9.37 PERTAINING TO THE SALE OR DISTRIBUTION OF SALVIA
DIVINORUM OR ALVINORIN A TO PEOPLE OVER THE AGE OF 18
YEARS OF AGE. (City Attorney)
MUNICIPAL CODE 2010 (506-2-25)
21. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL
CODE BY ADDING CHAPTER 10.15 PERTAINING TO AGGRESSIVE
SOLICITATION. (City Attorney)
NON CONSENT RESOLUTIONS
CONTRACT (C2010-15)
22. Resolution No. 2010-54. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN
AN AGREEMENT WITH THE CITY OF CHULA VISTA FOR GENERAL
ANIMAL CONTROL, SHELTER, AND RELATED ADMINISTRATIVE
SERVICES FOR NATIONAL CITY FOR A TOTAL NOT TO EXCEED
$377,730 FOR FISCAL YEAR 2009-2010, WITH OPTIONS TO EXTEND
FOR FOUR (4) ADDITIONAL ONE (1) YEAR TERMS. (Police)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
adopt the Resolution. Carried by unanimous vote.
Book 92 / Page 88
04-06-2010
NON CONSENT RESOLUTIONS (cont.)
ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1)
CONTRACT (C2010-16)
23. Resolution No. 2010-55. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER
TO EXECUTE AND SUBMIT PROGRAM SUPPLEMENT AGREEMENT
NO. 0G79 TO THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION TO ENCUMBER $500,000 IN STATE SAFE
ROUTES TO SCHOOL FUNDING FOR CONSTRUCTION OF A
ROUNDABOUT AT THE INTERSECTION OF D AVENUE AND E. 12TH
STREET (MATCHING FUNDS IN THE AMOUNT OF $125,000
AVAILABLE THROUGH THE TAX INCREMENT FUND). (Development
Services/Engineering) **Companion Item #36**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Zarate, to adopt
the Resolution. Carried by unanimous vote.
CITY ACQUISITION / PROPERTY ADMIN (1001-1-6)
24. Resolutions of Necessity for the Acquisition of real property for the Plaza
Boulevard Street Widening Project. (Development Services and City
Attorney) **Companion Item #17**
ACTION: Taken up earlier in the meeting. See above.
NEW BUSINESS
SUBDIVISIONS / VARIANCES 2010 (415-1-6)
25. Time Extension Request — Tentative Subdivision Map for the Division of A
1.41-acre lot into ten at the site of ten existing duplexes at 1205-1243 Fig
Court. (Applicant: Robert Gulotta) (Case File No. 2010-03 TE) (APN
551-490-19) (Development Services/Planning)
RECOMMENDATION: Staff recommends that the expiration date for S-
2006-12 be extended by three years to April 16, 2013.
TESTIMONY: None.
ACTION: The Item was pulled from the agenda. No action was
taken.
Book 92 / Page 89
04-06-2010
NEW BUSINESS (cont.)
CONDITIONAL USE PERMITS 2010 (403-25-1)
26. Notice of Decision — Planning Commission approval of a minor Conditional
Use Permit to allow operation of a sign shop within an existing commercial
building located at 416 National City Boulevard. (Applicant: David
Kenworthy and Mario Rodriguez) (Case File No. 2010-02 MCUP) (APN
555-041-09) (Development Services/Planning)
RECOMMENDATION: Staff recommends the City Council file the Notice
of Decision.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
approve staff recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS 2010 (203-1-26)
27. Temporary Use Permit — National City Chamber of Commerce's Taste of
National City on May 6, 2010 at Brick Row Heritage Square from 4 p.m. to
7 p.m. This is a National City cosponsored event eligible for a $1,500 fee
waiver. (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 Zarate, to approve
staff recommendation. Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 28 through 30 (Warrant
Registers), Item No. 31 (Resolution No. 2010-75). Motion by Zarate, seconded
by Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
28. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $717,381.39 to the City of National City for
the period of 02/24/10 through 03/02/10. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
29. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $88,784.14 to the City of National City for
the period of 03/03/10 through 03/09/10. (Finance)
ACTION: Approved. See above.
Book 92 / Page 90
04-06-2010
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2009 — JUNE 2010 (202-1-24)
30. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $20,576.17 to the City of National City for
the period of 03/10/10 through 03/16/10. (Finance)
ACTION: Approved. See above.
CONTRACT (C2006-77)
31. Resolution No. 2010-75. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING AN AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT WITH SAN DIEGO HABITAT FOR
HUMANITY, INCORPORATED, ALLOWING FOR FIRST-TIME
HOMEBUYER PROMISSORY NOTES TO BE FORGIVEN ON THE
FORTY-FIFTH ANNIVERSARY DATE OF THE RECORDING OF THE
AFFORDABLE HOUSING RESALE RESTRICTIONS, OPTION TO
DESIGNATE ELIGIBLE PURCHASERS AND OPTION TO PURCHASE
UPON DEFAULT AGREEMENT (RESALE RESTRICTION). (Community
Development)
ACTION: Adopted. See above.
PUBLIC HEARING
CITY WIDE HOUSING ADMIN (303-4-1)
32. Public Hearing - Community Development Commission of National City)
Section 8 Rental Assistance Division Public Housing Agency Plan Five -
Year Plan for Fiscal Years 2010-2015 Annual Plan for Fiscal Year 2010
and the Section 8 Administrative Plan; and authorizing the submittal of the
PHA Plan to the U.S. Department of Housing and Urban Development.
(Community Development Housing and Grants Section 8 Program)
**Companion Item #33 and #34**
RECOMMENDATION: Conduct the Public Hearing.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
close the Public Hearing. Carried by unanimous vote.
Book 92 / Page 91
04-06-2010
NON CONSENT RESOLUTIONS
CITY WIDE HOUSING ADMIN (303-4-1)
33. Resolution No. 2010-76. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING THE SECTION 8 FIVE YEAR (FISCAL YEARS
2010-2015) AND ANNUAL (FISCAL YEAR 2010) PUBLIC HOUSING
AGENCY (PHA) PLANS; AND AUTHORIZING THE SUBMITTAL OF THE
PHA PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT. (Community Development Housing and Grants Section
8 Program) **Companion Item #32 and #34**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CITY WIDE HOUSING ADMIN (303-4-1)
34. Resolution No. 2010-77. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING REVISIONS TO THE SECTION 8 ADMINISTRATIVE
PLAN AND AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(Community Development Housing and Grants Section 8 Program)
**Companion Items #32 and #33**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CONTRACT (C2010-17)
35. Resolution No. 2010-78. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING A TIDELANDS USE AND OCCUPANCY PERMIT
WITH THE PORT OF SAN DIEGO AT NO COST TO THE COMMUNITY
DEVELOPMENT COMMISSION, TO ALLOW CONTINUED OPERATION
OF THE NATIONAL CITY AQUATIC AND EDUCATION CENTER OUT
OF TEMPORARY FACILITIES AT PEPPER PARK. (Redevelopment
Division)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Tina Williams, South Bay YMCA indicated the
willingness of her organization to continue working with the City on
the Aquatic Center.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
Book 92 / Page 92
04-06-2010
NON CONSENT RESOLUTIONS (cont.)
ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1)
CONTRACT (C2010-16)
36. Resolution No. 2010-79. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) AUTHORIZING THE APPROPRIATION OF $125,000 IN TAX
INCREMENT FUNDS FOR THE CITY'S SAFE ROUTES TO SCHOOL
PROJECT FOR CONSTRUCTION OF A ROUNDABOUT AT THE
INTERSECTION OF D AVENUE AND E. 12TH STREET. (Development
Services/Engineering) **Companion Item #23**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
adopt the Resolution. Carried by unanimous vote.
STAFF REPORTS
CLOSED SESSION REPORT (509-1-4)
37. Closed Session Report
City Council / CDC Attorney George Eiser reported from the 5 p.m. Closed
Session the following: The City Council authorized the initiation of litigation
in one matter. The identity of the action and the defendants will not be
disclosed at this time, but once litigation has been formally commenced,
will be disclosed to any person upon inquiry, unless to do so would
jeopardize the ability to effectuate service of process on one or more
unserved parties, or would jeopardize the ability to conclude existing
settlement negotiations. (See attached Exhibit `L')
Report on City Council Vacancy
Attorney Eiser briefly reviewed the two options available to the City
Council to fill the Council vacancy resulting from the resignation of Frank
Parra to assume the position of Emergency Services Director. The two
options include (1) appoint a replacement, such appointment to occur
within 30 days, or (2) hold a Special Election which is not possible in view
of the time and date constraints established by law. Mr. Eiser will have an
item on the next agenda for City Council consideration and possible
action.
Book 92 / Page 93
04-06-2010
MAYOR AND CITY COUNCIL
Member Sotelo-Solis announced and congratulated Student Representative
Michael Mendoza on being accepted for admission to Stanford University.
Member Sotelo-Solis advised that the monthly Walk -the -Neighborhood event will
recommence in May and expressed her support for making an appointment to fill
the City Council vacancy.
Mayor Morrison advised that the City will be hosting the League of Cities semi-
annual dinner at the Pier 32 Marina.
ADJOURNMENT
Motion by Sotelo-Solis, seconded by Van Deventer, to adiourn the meeting to the
Adjourned Regular Joint Meeting with the City of National City and the National
School District to be held Tuesday, April 13, 2010 at 6:00 p.m. at the Council
Chambers, National City, California. Carried by unanimous vote.
The next Regular City Council and Community Development Commission
Meeting to be held Tuesday, April 20, 2010 at 6:00 p.m. at the Council
Chambers, National City, California.
The meeting closed at 9:08 p.m.
City Clerk / Recording Secretary
The foregoing minutes were approved at the Regular Meeting of September 7,
2010.
Mayor / CDC Chairman
EXHIBIT `L'
CALIFORN►A
NATIO
-NCO
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting - Tuesday, April 6, 2010 - 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. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(c)
One Potential Case
ADJOURNMENT
Next Regular City Council / CDC Meeting — Tuesday, April 6, 2010 — 6:00 p.m. —
Council Chambers, Civic Center
Fiscal Year 2010-2011
Budget Update
April 6, 2010
1
EXHIBIT 'A'
Council Directed Actions
• January 30
• February 16
• Feb -Mar
• April 6
Midyear budget review
Adopted midyear changes
Presentations to
Neighborhood Councils
FY 2010-11 Budget Update
2
Key Dates
• 1144 4 0r 18
• May 25
• June 15 or June 22
• July 1
Additional budget update
Budget Workshop
Budget Adoption
Budget available on website
FY 09-10 Mid -Year Budget Workshop
January 30, 2010
• FY 09-10 General Fund structural deficit of $3.3
million
— one time funding used to balance the General Fund structural
deficit
— One time funding totaling 54.3 million also used for debt
repayment and other General Fund related subsidies
• General Fund Contingency Reserve funded g 23% or
$8.6 million
— Council direction was to reduce contingency reserve
contribution by 5735,430 to cover deficit
4
General Fund - Sales Tax Revenue
$18,000,000 —
$16, 000, 000 —
$14,000, 000 — $14.7
$12, 000, 000 —
$10, 000, 000 —
$8,000, 000 —
$6, 000, 000 —
$4,000,000 —
$2, 000, 000 —
$0
$16.4
14.9
13.7
-----Sales Tax
District Tax
$11.9 $11.8
$5.9
8.5 $8.1
$9.1
$8.1
8.1
7.7
2003 2004 2005 2006 2007 2008 2009 2010 5 2011
Sales Tax and District Tax
Combined Revenue
$15
$10
$5
$0
2003 2004 2005 2006 2007 2008 2009 2010 2011
Sales Tax 1 District Tax
6
$45
General Fund
Revenue and Kxpenditure Forecast
Prop D
$40
$35--
$30
$25 -
$20
$15--
$10 -
$5 -
$0
1
GAP =
$3.3 M
GAP filled with
one time
fLinding
--0— Revenue
—8— Expenditures
I I I 1 1 I 1 1 1
General Fund
Contingency Reserve
General Fund Policy: ... range between 25% and 50% of
a single year's General Fund operating expenditures
• At January 30 midyear budget workshop, staff estimated
FY 10-11 General Fund expenditures = $38.9 million
• Reserve will be at 22%, which is
of $9.7 million
38.9 million x 25%)
1.1 million below target level
8
History of Contingency Reserve
02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Reserve —$-- 25% Goal
9
-y tv - c}, C5, -J Qo C-C3. 0
0 0 0 0 • • 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0
Chula Vista
Coronado
County of SD
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Marcos
Santee
Solana Beach
Vista
0
1
0
o
o CD
N
CD
M
rF
cp
rh
CT; M
'Z
CD
CD
FY 10-11 Budget Preparation
• Staff continue to closely monitor revenues and
expenditures
— Cost -reduction and Revenue Kfficiency (CARE) Committee
— Position Review Committee
— Purchasing Review Committee
• Actively seeking Grants & Stimulus funds
• Staff are analyzing expenditures to identify potential
cuts
• Finance is calculating personnel costs, P I-1,RS impact,
revenue impacts
11
FY 10-11 Budget Preparation
• Service levels — Maintained to date
• Personnel levels - Reduced
— 35 Vacancies left unfilled
— 29 vacancies have been frozen (not funded)
— 6 vacancies are funded
12
$45
$40
$35
$30
$25
$20
$15
$10
$5
$0
General Fund
Revenue and Fxpenditure Forecast
Prop D
1
GAP _
$3.3 M
GAP filled with
one time
funding
—— Revenue
—0—Expenditures
13
Of 02 03 OQ Os. O 0) Od, 0_9 70 lj
354.5 Budgeted Full Time Employees
(All Funds)
D City Council
MI City Clerk
City Manager
Finance
City Attorney
CI Development Services
Human Resources
O Police
▪ Fire
O Public Works
El Library
• Community Services
• Community Development
35 Full Time Vacancies
(All Funds)
DEPARTMENT
POSITION
11 of FT
Positions
City Manager
Executive Asst IV, Mgt Analyst III, Public Information
Officer, Risk Manager, MIS Tech III
5
Finance
Sr. Accounting Asst, Sr. Accountant
2
Dev Services
Associate Planner, Bldg Inspector, Sr Bldg Inspector,
Associate Civil Engineer, Civil Engineering 'Tech; Mgt
Analyst II
6
Human Resources
Mgt Analyst II
1
Police *
Community Svcs Officer, Crime Scene Specialist, Parking
Regulations Officer, Police Records Clerk (2), Animal
Control Officer, Police Dispatcher (2.5)
9
* No sworn positions vacant
15
35 Full Time Vacancies
(All Funds)
DF,PARTMHNT
POSITION
II of FT
positions
Fire
Battalion Chief
1
Public Works
Custodian (2), Sr Park Caretaker, Tree Trimmer
4
Library
Principal Librarian, Sr Librarian Tech
2
Corn Services
Admin Secretary
1
Com Development
Corn Dev Specialist III, Code Conformance Officer
II, Housing Inspector I & II
4
Total
35
16
35 Full Time Vacancies I ? stimated
Savings = S 2.9 million (all funds)
Community Svcs, 1
17
35 Full Time Vacancies Kstimated
Savings = 5 2.9 million (all funds)
DEPARTMNNT
GENERAL
FUND
OTHI-.R
FUNDS
TOTAL
SAVINGS
City Manager
317,125
215,731
532,856
Finance
161,741
161,741
Dev Services
566,977
566,977
Human Resources
82,079
11,193
93,272
Police
617,602
617,602
Fire
147,414
147,414
Public Works *
133,339
108,274
241,613
Library *
181,178
181,178
Com Services
63,647
63,647
Corn Development
29,355.
321,455
350,810
Total
2,300,457
656,653
2,957,110
35 Full Time Vacancies Kstimated
Savings = $ 2.9 million (all funds)
Other
Funds
$656,653
(22%)
General
Fund
2,300,457
(78%)
29 Frozen Positions (All Funds)
hstimated Savings = S 2.1 million
DEPARTM IH NT
G H;N KRAL
FUND
OTH Fa
FUNDS
TOTAL
SAVINGS
City Manager
254,359
36,909
291,268
Finance
161,741
161,741
Dev Services
205,088
21,803
226,891
Human Resources
82,079
11,193
93,272
Police
447,283
447,283
Fire
147,414
147,414
Public Works
0
241,613
241,613
Library
181,178
181,178
Com Services
63,647
Com Development
29,355
321,455
350,810
Total
1,572,144
632,973
2,205,117
20
29 Frozen Positions (All Funds)
Kstimated Savings = S 2.1 million
Other Funds
632,973
(29%) � �;w General
Fund
1,572,144
(71%)
21
General Fund
Personnel Costs
General Fund
Operating Kxpenditures
Maint & Ops
13%
Capital &
Debt
1%
Operating
Transfers
4%
Personnel
82%
23
Next Steps
• Schedule additional budget meeting(s)
• Council direction on General Fund
structural deficit