HomeMy WebLinkAbout2010 07-20 CC CDC MINBook 92 / Page 182
07-20-2010
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
July 20, 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, Dalla, Deese, Duong, Gonzales,
Hodges, Ladrido, Raulston, Rodriguez, Silva, Smith, Stevenson, Williams,
Zapata.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
Mayor Morrison announced that the City Council took action in Closed Session to
appoint Acting City Attorney Claudia Silva the new City Attorney for National City.
PUBLIC ORAL COMMUNICATIONS
James George: South Bay Youth Football, expressed concerns about the start
date for construction at El Toyon which may conflict with League play.
PROCLAMATION
PROCLAMATION ADMIN (102-2-1)
1. Proclaiming the Summer of 2010, as: "THE SEASON OF SERVICE"
PRESENTATIONS
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
2. Employee of the Month of July 2010 — Corporal Dan Nagle, Police
Department
ACTION: This item was continued.
Book 92 / Page 183
07-20-2010
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
3. Presentation and Report — The Boys and Girls Club of Greater San Diego,
National City Branch
TESTIMONY: Dennis Sherlock, Boys & Girls Club representative, gave a
brief PowerPoint presentation. (Copy on file in the Office of the City Clerk)
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
4. Presentation — US Census
TESTIMONY: Lina LaFave, representing the US Census presented an
award thanking the City for their support and cooperation with the 2010
Census effort.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 5 (Minutes), Item No. 6
(NCMC), Item Nos. 7 through 11 (Resolution Nos. 2010-160 through 2010-164),
Item Nos. 12 and 13 (Warrant Registers). Motion by Van Deventer, seconded by
Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote.
APPROVAL OF MINUTES
5. SUBJECT: Approval of the Minutes of the Adjourned Regular City
Council/Community Development Commission Meeting of June 22, 2010
and the Regular City CounciVCommunity Development Commission
Meeting of July 6, 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 184
07-20-2010
CONSENT CALENDAR (cont.)
CONTRACT (C2009-80)
7. Resolution No. 2010-160. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT
INCREASING THE NOT -TO -EXCEED AMOUNT FROM $200,000 TO
$240,000 FOR THE ON -CALL AGREEMENT BETWEEN THE CITY AND
WADE & ASSOCIATES TO PROVIDE CONSTRUCTION INSPECTIONS
AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROJECTS. (Funded by CIP Projects) (Development
Services/Engineering)
ACTION: Adopted. See above.
CONTRACT (C2010-38)
8. Resolution No. 2010-161. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH RBF CONSULTING FOR A NOT TO
EXCEED AMOUNT OF $146,863 TO PROVIDE CIVIL ENGINEERING
SERVICES FOR CONSTRUCTION OF TRAFFIC SAFETY
ENHANCEMENTS ON EAST 8TH STREET FROM J AVENUE TO PALM
AVENUE, FACILITATED BY A $900,000 FEDERAL HSIP GRANT.
(Funded by Prop. A and City General Fund — Grant Matches)
(Development Services /Engineering)
ACTION: Adopted. See above.
PROPERTY TAX RATE BONDED INDEBTEDNESS ADMIN (205-2-2)
9. Resolution No. 2010-162. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ESTABLISHING THE LIBRARY
GENERAL OBLIGATION BOND TAX RATE FOR FISCAL YEAR 2010-
2011 AT 1.42 CENTS PER $100 OF ASSESSED VALUATION. (Finance)
ACTION: Adopted. See above.
INSURANCE ADMIN (201-1-1)
10. Resolution No. 2010-163. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY DELEGATING AUTHORITY TO THE
CITY MANAGER TO ACT ON BEHALF OF THE CITY OF NATIONAL
CITY IN MATTERS RELATING TO CSAC EXCESS INSURANCE
AUTHORITY (EIA). (City Manager)
ACTION: Adopted. See above.
LABOR RELATIONS CITY ATTORNEY (605-11-1)
11. Resolution No. 2010-164. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE COMPENSATION OF
THE CITY ATTORNEY. (City Attorney)
ACTION: Adopted. See above.
Book 92 / Page 185
07-20-2010
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
12. Warrant Register #50 for the period of 06/09/10 through 06/15/10 in the
amount of $1,533,823.45. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
13. Warrant Register #51 for the period of 06/16/10 through 06/22/10 in the
amount of $713,255.19. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARING
SEWER CAPACITY / FEES ADMIN (906-1-4)
14. Public Hearing to consider the report required by California Health &
Safety Code Section 5473, Et Seq pertaining to collection of sewer
charges on the tax roll, directing the City Clerk to file said report with the
San Diego County Auditor, and directing the Finance Director to certify
with the San Diego County Auditor the "Sewer Service Charge Fund."
Sewer service fees will not increase for FY 2010-2011. (Public Works)
**Companion Item # 19**
RECOMMENDATION: Hold the Public Hearing.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
close the Public Hearing. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2010 (506-2-25)
15. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 18 OF THE MUNICIPAL CODE BY AMENDING
CHAPTERS 18.10 (ZONES AND ZONING MAP), TITLE 18.14
(RESIDENTIAL ZONES), 18.16 (COMMERCIAL ZONES), 18.50
(FENCES, WALLS, AND HEDGES), 18.58 (OFF-STREET PARKING AND
LOADING), 18.62 (SIGNS, AND OUTDOOR ADVERTISING DISPLAYS),
18.88 (MOBILE HOMES), 18.104 (USE GROUPS), 18.108
(NONCONFORMING USES), AND 18.140 (MIXED USES) TO PROVIDE
STANDARDS FOR THE WESTSIDE SPECIFIC PLAN AREA. (Applicant:
City of National City) (Case File No. 2007-34 GPA, ZC, SPA, EIR)
(Development Services /Planning)
Book 92 / Page 186
07-20-2010
ORDINANCES FOR INTRODUCTION (cont.)
MUNICIPAL CODE 2010 (506-2-25)
16. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING 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 2% C 60 FULL
FORMULA BENEFIT FOR MISCELLANEOUS MEMBERS ENTERING
MEMBERSHIP FOR THE FIRST TIME IN THE MUNICIPAL
EMPLOYEES' ASSOCIATION AND CONFIDENTIAL SUBGROUPS.
(Human Resources) **Companion Item #17**
NON CONSENT RESOLUTIONS
CONTRACT (C2002-33)
17. Resolution No. 2010-165. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY COUNCIL APPROVING 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 2% @ 60 FULL FORMULA BENEFIT FOR
MISCELLANEOUS MEMBERS ENTERING MEMBERSHIP FOR THE
FIRST TIME IN THE MUNICIPAL EMPLOYEES' ASSOCIATION AND
CONFIDENTIAL SUBGROUPS. (Human Resources) **Companion Item
#16**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Zarate, to adopt
the Resolution. Carried by unanimous vote.
LABOR RELATIONS PERSONNEL (605-1-1)
18. Resolution No. 2010-166. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING ADDITIONAL FUNDS
OF UP TO $500,000 FROM GENERAL FUND CONTINGENCY
RESERVES TO FUND THE CITY'S EMPLOYEE VOLUNTARY
SEPARATION PROGRAM. (Human Resources)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Zarate, to adopt
the Resolution with a 30-day extension of the deadline. Carried by
unanimous vote.
Book 92 / Page 187
07-20-2010
NON CONSENT RESOLUTIONS (cont.)
SEWER CAPACITY / FEES ADMIN (906-1-4)
19. Resolution No. 2010-167. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED
BY CALIFORNIA HEALTH & SAFETY CODE SECTION 5473, ET SEC)
PERTAINING TO COLLECTION OF SEWER CHARGES ON THE TAX
ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH
THE SAN DIEGO AUDITOR, AND DIRECTING THE FINANCE
DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR
THE "SEWER SERVICE CHARGE FUND." SEWER SERVICE FEES
WILL NOT INCREASE FOR FY 2010-2011. (Public Works) **Companion
Item #14**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
COMMUNITY DEVELOPMENT ADMIN 2007-2010 (406-2-12)
20. Resolution No. 2010-168. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE SAN DIEGO
ENTERPRISE ZONE (SDREZ) BOUNDARY MODIFICATION AND
EXPANSION. (Community Development)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
adopt the Resolution. Carried by unanimous vote.
NEW BUSINESS
LEAGUE OF CA CITIES ADMIN (104-2-1)
21. Designation of Voting Delegate and Alternate(s) for League of California
Cities Annual Conference. (City Manager)
RECOMMENDATION: The City Council designate Mayor Morrison as
National City's voting delegate and one or two Councilmembers as
alternates.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
designate the Mayor Morrison as the delegate and Members Van
Deventer and Sotelo-Solis as alternates. Carried by unanimous
vote.
Book 92 / Page 188
07-20-2010
NEW BUSINESS (cont.)
CONTRACT (C89-12)
22. Proposed termination of the Towing Agreement between the City of
National City and JC Towing, Inc. (City Attorney)
RECOMMENDATION: Terminate the Towing Agreement with JC Towing.
TESTIMONY: City Attorney Silva read letter from JC Towing
requesting termination of their agreement without prejudice.
ACTION: Motion by Van Deventer, seconded by Zarate, to accept
letter and allow termination of the agreement. Carried by
unanimous vote.
TEMPORARY USE PERMITS 2010 (203-1-26)
23. Temporary Use Permit — National City Automobile Heritage Show on
August 1, 2010 at Kimball Park from 8 a.m. to 4 p.m. sponsored by the
National City Chamber of Commerce. This is a National City co-
sponsored 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 Sotelo-Solis, seconded by Van Deventer, to
approve staff recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS 2010 (203-1-26)
24. Temporary Use Permit — Health & Wellness Fair hosted by Paradise
Valley Hospital and the National City Times on October 30, 2010 from 9
a.m. to 4 p.m. at the Paradise Valley Hospital employee parking grounds
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 with no waiver
of fees.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
approve without waiver. Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 25 and 26 (Warrant
Registers), Item No. 27 (Resolution No. 2010-169). Motion by Van Deventer,
seconded by Zarate, to approve the Consent Calendar. Carried by unanimous
vote.
Book 92 / Page 189
07-20-2010
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
25. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $97,686.41 to the City of National City for
the period of 06/09/10 through 06/15/10. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2009 - JUNE 2010 (202-1-24)
26. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $122,390.32 to the City of National City for
the period of 06/16/10 through 06/22/10. (Finance)
ACTION: Approved. See above.
CONTRACT (C2010-39)
27. Resolution No. 2010-169. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING A THIRD AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CDC AND
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT TO REVISE THE
SCHEDULE OF PERFORMANCE AND REQUIRE SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT TO INVEST IN A FAQADE
IMPROVEMENT TO THE PARKING STRUCTURE ON 8TH STREET AND
ROOSEVELT AVENUE FOR AN AMOUNT NOT TO EXCEED $50,000.
(Redevelopment)
ACTION: Adopted. See above. Chairman Morrison said he hoped
the college would work with the City to on the facade finish and the
art piece.
NON CONSENT RESOLUTION
CONTRACT (C2010-40)
28. Resolution No. 2010-170. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING A $675,000 LOAN AGREEMENT BY AND
BETWEEN CDC AND MILE OF CARS ASSOCIATION FOR
REHABILITATION OF MILE OF CARS FREEWAY SIGNAGE (LOAN
TERM 20 YEARS AT 2% INTEREST). (Tax Increment Fund)
(Redevelopment Division)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Wildon Donaldson, Mile of Car Association, spoke in
support.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
Book 92 / Page 190
07-20-2010
STAFF REPORTS
CLOSED SESSION REPORT (509-1-4)
29. City Council / CDC Attorney Claudia Silva stated there was nothing
additional to report from the Closed Session. (See attached Exhibit 'L')
City Engineer Maryam Babaki updated the Council on various issues that have
been raised during previous meetings. According to Ms. Babaki, the residential
complex at Plaza Blvd., and L Avenue is in the process of being converted to an
assisted living facility; the monitoring wells at 8in & Palm are being monitored by
the Regional Water Quality Control Board and will continue to be for some time;
and the barricade at Stockman Street will remain in place based on community
support and is not a safety concern for the Fire Department.
City Clerk Michael Della reported on the November 2, 2010 Municipal Election.
MAYOR AND CITY COUNCIL
Member Sotelo-Solis welcomed new City Attorney Claudia Silva; suggested that
the main color lines for new soccer field be for soccer; requested staff look for a
possible location for a display honoring residents serving in military and reminded
everyone about the July 31 St West Side Clean -Up.
Mayor Morrison commented on recent publicity regarding the City and Port
District.
ADJOURNMENT
Motion by Van Deventer, seconded by Zarate, to adiourn the meeting to the next
Regular City Council and Community Development Commission Meeting to be
held Tuesday. August 3, 2010 at 5:00 p.m. at the Council Chambers, National
City, California. Carried by unanimous vote.
The meeting closed at 7:44 p.m.
Yijjlerk
City / Recor ing Secretary
Book 92 / Page 191
07-20-2010
The foregoing minutes were approved at the Regular Meeting of October 5,
2010.
ayor / CDC Chairman
EXHIBIT `L'
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, July 20, 2010 - 5:00 p.m.
ROLL CALL
CLOSED SESSION
1. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section
54956.9 (b)
2. Conference with Legal Counsel - Existing Litigation - Government Code
Section 54956.9 (a)
People of the State of California, Ex ReL George H. Eiser, Ill v. Ben Adler,
et al.
San Diego County Superior Court Case No. 37-2010-00092488-CU-MC-CTL
3. Public Employment - Government Code Section 54957
Title: Acting City Attorney
ADJOURNMENT
Next Regular City Council/CDC Meeting - Tuesday, July 20, 2010, 6:00
p.m., Council Chambers, Civic Center