HomeMy WebLinkAbout2010 09-07 CC CDC MINBook 92 / Page 216
09-07-2010
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
September 7, 2010
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:04 p.m. by Mayor /
Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Sotelo-Solis, Van Deventer,
Zarate.
Administrative Officials present: Babaki, Clemente, Deese, Duong, Gonzales,
Hodges, Parra, Raulston, Silva, Stevenson, Williams, Zapata.
Others present: City Treasurer Mitch Beauchamp and Student Representatives
Fred Wells and Samantha Galicia.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Toni Palos, National City, requested that the City move forward with installation
of audible signals for the visually impaired.
Congressman Bob Filner spoke in support of the request for audible signals for
the visually impaired and committed to work with staff to secure a matching grant
from the Federal Government. Congressman Filner volunteered to provide the
City with an updated picture of President Obama for display in the Council
Chambers.
Marianna Polles-Harding, representing Sweetwater Harley Davidson, requested
installation of a street light at the corner of Hoover and 33r.
Ted Godshalk, National City, asked questions regarding ADA ramp upgrades
and the unmaintained train tracks on Cleveland Avenue.
PROCLAMATION
PROCLAMATION ADMIN (102-2-1)
1. Proclaiming September 2010 as: "NATIONAL PREPAREDNESS
MONTH"
Book 92 / Page 217
09-07-2010
PRESENTATIONS
PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1)
2. Presentation recognizing Julian L. Villlagomez, Police Sergeant, for his 20
years of service.
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
3. Presentation recognizing Brian Clapper for his service as the Fundraiser
Coordinator for the Las Palmas Little League.
COUNCIL MEETING PRESENTATIONS 2010 (102-10-5)
4. Presentation and Update by Development Services Department/
Engineering Division on the FY 2010-2011 National City Resurfacing
Project. (Development Services)
Development Services Director Maryam Babaki reported that the FY 10-
11 Resurfacing Program will total 4 million dollars. The program will
concentrate on arterial streets and is on schedule for completion by
October 31 s1
Item No. 29 was taken up next.
STAFF REPORTS
FINANCE — INVESTMENTS / POLICY (204-2-1)
29. Certificate of Deposit Account Registration Service (CDARS) Update
Report. (Finance)
Finance Director Jeanette Ladrido reported that one million dollars
deposited by the City with Neighborhood National Bank (NNB) has been
repaid and is currently deposited with the California Local Investment
Fund (LAIF).
TESTIMONY: Jacqueline Reynoso, President and CEO, National City
Chamber of Commerce, reported that as a result of the 3 million dollar
deposit, 17 loans were made totaling $6.4 million dollars and 66 new jobs
were created.
Bob McGill, Neighborhood National Bank, reviewed the status of the
program and responded to questions.
CITY COUNCIL
CONSENT CALENDAR
Book 92 / Page 218
09-07-2010
ADOPTION OF CONSENT CALENDAR. Item No. 5 (Minutes), Item Nos. 6
through 15 (Resolution Nos. 2010-197 through 2010-206), Item Nos. 16 and 17.
Motion by Van Deventer, seconded by Sotelo-Solis, to pull Item Nos. 9, 10 and
13 and to approve the remainder of the Consent Calendar. Carried by
unanimous vote.
APPROVAL OF MINUTES
5. SUBJECT: Approval of the Minutes of the Regular City
CounciVCommunity Development Commission Meeting of April 6, 2010,
the Special Meeting of the City Council of April 13, 2010, and the Regular
Meeting of the City Council /Community Development Commission
Meeting of August 17, 2010. (City Clerk)
ACTION: Approved. See above.
ENCROACHMENT AGREEMENT ADMIN 2010 (903-14-4)
6. Resolution No. 2010-197. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH
BANK OF AMERICA FOR THE MAINTENANCE OF AN OVERHEAD
PYLON SIGN AND AN AWNING ENCROACHING THE PUBLIC RIGHT-
OF-WAY AT 235 E. 8TH STREET. (Development Services)
ACTION: Adopted. See above.
ENCROACHMENT AGREEMENT ADMIN 2010 (903-14-4)
7. Resolution No. 2010-198. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN ENCROACHMENT AGREEMENT WITH THE PROPERTY
OWNERS OF 819 D AVENUE (HARBOR VIEW) FOR THE EXISTING
AERIAL PROTRUSIONS INTO AND ABOVE PORTIONS OF D AVENUE,
E. 8TH STREET, E. 9TH STREET, AND THE ADJACENT ALLEY.
(Development Services/Engineering)
ACTION: Adopted. See above.
ENCROACHMENT AGREEMENT ADMIN 2010 (903-14-4)
8. Resolution No. 2010-199. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A TEMPORARY ENCROACHMENT AGREEMENT WITH N.C.
APARTMENTS, LLC, HARBOR VIEW ACQUISITION, LLC, AND
VILLAGE CAPITAL CORPORATION, PROPERTY OWNERS OF THE
HARBOR VIEW CONDOMINIUM PROJECT LOCATED AT 819 D
Book 92 / Page 219
09-07-2010
CONSENT CALENDAR (cont.)
ENCROACHMENT AGREEMENT ADMIN 2010 (903-14-4)
8. Resolution No. 2010-199 (continued).
AVENUE, FOR THE EXISTING STREET ENCROACHMENTS INTO
PORTIONS OF D AVENUE, EAST 8111 STREET, EAST 9TH STREET,
AND THE ADJACENT ALLEY WHILE THE PARTIES NEGOTIATE
TERMS FOR THE FINAL RESOLUTION OF PROPERTY INTERESTS.
(Development Services/Engineering)
ACTION: Adopted. See above.
CONTRACT (C2010-59)
9. Resolution No. 2010-200. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO APPROVE A REIMBURSEMENT
AGREEMENT WITH N.C. APARTMENTS, L.L.C., HARBOR VIEW
ACQUISITION, L.L.C. AND VILLAGE CAPITAL CORPORATION, FOR
THE UTILITY UNDERGROUNDING REQUIRED BY RESOLUTION 2006-
266, FOR THE HARBOR VIEW CONDO PROJECT LOCATED AT 819 D
AVENUE. (Development Services/Engineering)
TESTIMONY: Attorney Matt Peterson, Peterson & Price, appeared
on behalf of Harbor View L.L.0 requesting deletion of paragraph
five of the agreement.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
adopt the Resolution. Carried by unanimous vote.
BUILDING PERMIT FEES ADMIN (203-9-1)
10. Resolution No. 2010-201. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE REIMBURSEMENT
OF INSPECTION FEES PAID IN EXCESS OF THE FORMER FEE TO
APPLICANTS WHO APPLIED FOR A BUILDING PERMIT DURING THE
LOWER FEE PERIOD (JULY 1, 2009 TO JUNE 30, 2010), WERE
INVOICED AT THE LOWER FEE LEVEL AND OBTAINED A BUILDING
PERMIT AFTER THE REINSTATEMENT OF FEES TO THE 2008 FEE
LEVEL; AND, AUTHORIZING THE COLLECTION OF INSPECTION
FEES AT THE LOWERED FEE RATE FOR THOSE APPLICANTS WHO
APPLIED AND PAID FOR THE PLAN CHECK PORTION OF THEIR
BUILDING PERMIT PRIOR TO JULY 1, 2010. (Development
Services/Engineering)
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
adopt the Resolution. Carried by unanimous vote.
Book 92 / Page 220
09-07-2010
CONSENT CALENDAR (cont.)
CONTRACT (C2007-43)
TEMPORARY USE PERMITS 2010 (203-1-26)
11. Resolution No. 2010-202. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RATIFYING THE CITY MANAGER'S
SIGNATURE OF THE PORT OF SAN DIEGO TUP APPLICATION FOR
USE OF THE PASHA PARKING LOT "J" LOCATED ON PORT
PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH
THE FREE CONCERT AT PEPPER PARK ON 9/18/10. (Community
Services)
ACTION: Adopted. See above.
CONTRACT (C2010-60)
12. Resolution No. 2010-203. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER
INTO AN AGREEMENT WITH DISNEY DESTINATIONS, LLC DBA
DISNEY DESTINATIONS SALES FOR THE ONLINE SALE AND
PURCHASE OF DISCOUNTED DISNEYLAND RESORT TICKETS TO
CITY OF NATIONAL CITY EMPLOYEES. THERE IS NO DIRECT COST
TO THE CITY. (Human Resources)
ACTION: Adopted. See above.
PERSONNEL ADMIN (604-6-1)
13. Resolution No. 2010-204. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING ACCESS TO STATE
AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION
FOR EMPLOYMENT (INCLUDING VOLUNTEERS AND CONTRACT
EMPLOYEES). THIS IS IN COMPLIANCE WITH NEWLY ENACTED
STATE LEGISLATION (AB 346). (Human Resources)
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
adopt the Resolution. Carried by unanimous vote.
CONTRACT (C2010-3)
14. Resolution No. 2010-205. A RESOLUTION OF THE CITY COUNCIL
AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR AGREEMENT
IN THE AMOUNT OF $4,965 PER MONTH BETWEEN THE CITY OF
NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES (CMA),
INC. TO PROVIDE LIABILITY CLAIMS ADJUSTING AND RISK
MANAGEMENT SERVICES TO THE CITY OF NATIONAL CITY. (City
Manager)
ACTION: Adopted. See above.
Book 92 / Page 221
09-07-2010
CONSENT CALENDAR (cont.)
CONTRACT (C2010-56)
EMPLOYMENT CONTRACT — CLAUDIA SILVA (604-6-4)
15. Resolution No. 2010-206. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND CLAUDIA SILVA FOR THE POSITION OF CITY
ATTORNEY. (City Attorney)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
16. Warrant Register #5 for the period of 07/28/10 through 08/03/10 in the
amount of $5,455,377.63. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
17. Warrant Register #6 for the period of 08/04/10 through 08/10/10 in the
amount of $3,596,580.06. (Finance)
ACTION: Ratified. See above.
NON CONSENT RESOLUTION
CONTRACT (C89-12)
18. Resolution No. 2010-207. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A THIRD AMENDMENT TO AGREEMENT WITH MOYNAHAN
TOWING SERVICES FOR ADDITIONAL TOWING AND IMPOUND
SERVICES WITHIN NATIONAL CITY. (City Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Zarate, to adopt
the Resolution. Carried by unanimous vote.
NEW BUSINESS
LEAGUE OF CA CITIES ADMIN (104-2-1)
19. Review League of California Cities' 2010 Annual Conference Resolutions.
(City Manager)
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
accept and file. Carried by unanimous vote.
Book 92 / Page 222
09-07-2010
NEW BUSINESS (cont.)
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
20. Request to use Martin Luther King, Jr. Community Center (north room) by
State of California Employment Development Department for a Youth Job
Fair from 2-6 p.m. on 9/23/10, and the use of MLK (south room) for
planning meetings from 2-4 p.m. on 9/8/, 9/15, and 9/22/10 with no waiver
of fees. (Community Services)
RECOMMENDATION: Approve the request for use, with no waiver of
fees.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Zarate, to approve
staff recommendation. Carried by unanimous vote.
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
21. Request to use Martin Luther King, Jr. Community Center by National City
Community Concert Band for public concerts to be held on 9/15/10 and
12/18/10 from 3 p.m. — 9 p.m. Concerts are co -sponsored by the City.
(Community Services)
RECOMMENDATION: Approve the request for use, with City support of
$1,000/day.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to approve
staff recommendation. Carried by unanimous vote.
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
22. Request to use Martin Luther King, Jr. Community Center (north room) by
National City Chamber of Commerce for the "Salute to Navy" luncheon on
10/6/10 from 9 a.m. — 3 p.m. This event is co -sponsored by the City.
(Community Services)
RECOMMENDATION: Approve the request for use, with City support of
$1,000/day.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Sotelo-Solis, to
approve staff recommendation. Carried by unanimous vote.
CONDITIONAL USE PERMITS 2010 (403-25-1)
23. Notice of Decision - Planning Commission approval of a Conditional Use
Permit to operate a group counseling center at 2414 Hoover Avenue,
Suite A, B, and C. (Applicant: Jeanne McAlister) (Case File 2010-21
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.
Book 92 / Page 223
09-07-2010
NEW BUSINESS (cont.)
CONDITIONAL USE PERMITS 2010 (403-25-1)
23. Notice of Decision (continued).
ACTION: Motion by Van Deventer, seconded by Zarate, to file.
Carried by unanimous vote.
CONDITIONAL USE PERMITS 2010 (403-25-1)
24. Notice of Decision — Planning Commission approval of a modification of a
Conditional Use Permit for a change of use from a senior assisted living
and adult day care facility to a senior independent living and adult day
care facility and a variance request to allow less than the required parking
to accommodate the change of use to an independent living facility at
2525 Highland Avenue. (Applicant: Joseph Bendah) (Case File 2010-19
MCUP/Z) (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 2010 (403-25-1)
25. Notice of Decision — Planning Commission approval of a Conditional Use
Permit for a wireless communication facility at an existing church at 142 E.
16th Street. (Applicant: T-Mobile) (Case File 2010-11 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 Zarate, to file.
Carried by unanimous vote.
PLANNED DEVELOPMENT PERMIT ADMIN 2010 (414-1-25)
26. Notice of Decision — Planning Commission approval of a Planned
Development Permit for the construction of five units at an existing 21-unit
apartment complex at 520 V Avenue. (Applicant: Joe Astorga) (Case File
2010-18 PD) (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 Sotelo-Solis, to
file. Carried by unanimous vote.
Book 92 / Page 224
09-07-2010
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 27 and 28 (Warrant
Registers). Motion by Van Deventer, seconded by Zarate, to approve the
Consent Calendar. Carried by unanimous vote.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
27. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $4,775,872.98 to the City of National City
for the period of 07/28/10 through 08/03/10. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
28. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $106,509.07 to the City of National City for
the period of 08/04/10 through 08/10/10. (Finance)
ACTION: Approved. See above.
STAFF REPORTS
FINANCE — INVESTMENTS / POLICY (204-2-1)
29. CDARS Update Report. (Finance)
ACTION: Taken up earlier. See above.
COMMUNITY SERVICES DEPT ADMIN (1104-1-7)
30. Recognition of Armed Services. (City Manager/Community Services)
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
have staff bring back a report to the September 21, 2010 Council
Meeting. Carried by unanimous vote.
POLICE DEPT ADMIN (302-4-1)
31. Back to School Project Report. (Police)
Police Chief Adolfo Gonzales reported that the Police Department, Police
Officers Association, Wal-Mart, the low rider community and
Neighborhood Markets Association collected donations totaling $3,000 of
school supplies and sports equipment which were distributed to National
City elementary schools.
Chief Gonzales also clarified that the NCPD has a 63% cancellation rate
for homicides over a ten year period and that since 2005; all but one case
has been resolved.
Book 92 / Page 225
09-07-2010
STAFF REPORTS (cont.)
CLOSED SESSION REPORT (509-1-4)
32. Closed Session Report. (City Attorney)
City Council / CDC Attorney Claudia Silva stated that an initiation of
litigation was authorized on one matter. Details cannot be disclosed at
this time. (See attached Exhibit `L')
MAYOR AND CITY COUNCIL
Member Van Deventer challenged the Lions Club to join together with the
Sweetwater Kiwanis Club to ensure that students in National City have
necessary uniforms and shoes to attend school. Police Chief Gonzales
committed the Rotary Club to participate in the program. Van Deventer reported
that the attorney is finalizing a long-term lease for the Boys' and Girl's Club.
Member Sotelo-Solis spoke about the successful grand opening of El Super
Grocery Store, the senior's rummage sale on September 11m and wished
everyone a happy Labor Day.
Mayor Morrison reminded everyone about the State of City Address on
September 9th at the Cornerstone Church, Movie Night on September 10th, 9/11
Ceremony on September 11 th at Station 34 and Concert at the Park on
September 18th
Mayor Morrison asked the Council to consider having staff look at the issue of
allowing 24 ounce 3 packs of packaged alcohol product for sale and bring it back
for consideration. The matter would be city initiated and go through the normal
review process.
ACTION: The consensus was to proceed as requested. There was
no vote.
ADJOURNMENT
Motion by Van Deventer, seconded by Zarate, to adiourn the meeting to the next
Regular Citv Council and Community Development Commission Meeting to be
held Tuesday, September 21, 2010 at 6:00 p.m. at the Council Chambers,
National City, California. Carried by unanimous vote.
The meeting closed at 7:25 p.m.
City Clerk / Reco ing Secretary
Book 92 / Page 226
09-07-2010
The foregoing minutes were approved at the Regular Meeting of September 21,
2010.
Mayor / 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, September 7, 2010 — 5:00 p.m.
ROLL CALL
CLOSED SESSION
1. Conference with Legal Counsel — Existing Litiaation: Government Code Section 54956.9 (a)
People of the State of California, Ex Rel. George H. Eiser, 111 v. Ben Adler, et al.
San Diego County Superior Court Case No. 37-2010-00092488-CU-MC-CTL
2. Conference with Legal Counsel — Anticipated Litiaation:
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)
3. Conference with Leaal Counsel — Anticipated Litigation:
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b)
4. Liability Claims: Government Code Section 54956.95
Workers' Compensation Claim
Agency Claimed Against: City of National City
Number of Claims: One
5. Conference with Labor Negotiators: Government Code Section 54957.6 (a)
Agency Designated Representatives: Stacey Stevenson, Jeanette Ladrido, David Pease,
Claudia Silva
Employee Organization: Municipal Employees' Association
6. Conference with Labor Negotiators — Government Code Section 54657.6
Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Eddie Kreisberg,
Brad Raulston, and Jeannette Ladrido
Employee Organization: Fire Fighters Association
7. Public Employment: Government Code Section 54957
Title: City Attorney
ADJOURNMENT
Next Regular City Council/CDC Meeting - Tuesday, September 7, 2010, 6:00 p.m.,
Council Chambers, Civic Center