HomeMy WebLinkAbout2010 11-09 CC CDC ADJ MINBook 92 / Page 255
11-09-2010
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
November 9, 2010
The Adjourned Regular Meeting of the City Council and Community
Development Commission of National City was called to order at 6:02 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, Hodges, Parra,
Raulston, Rodriguez, Silva, Smith, Stevenson, Williams, Zapata.
Others present: Student Representative Samantha Galicia.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Bert Andrade, National City, congratulated the winners and participants in the
Municipal Election and thanked the Mayor and City Council for the new bus
benches.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 1 (Minutes), Item No. 2
(NCMC), Item Nos. 3 through 7 (Resolution Nos. 2010-240 through 2010-244),
Item Nos. 8 through 10 (Warrant Registers), Item No. 11 (Report). Motion by
Van Deventer, seconded by Sotelo-Solis, to approve the Consent Calendar.
Carried by unanimous vote.
APPROVAL OF MINUTES
1. SUBJECT: Approval of the Minutes of the Adjourned Regular City
Council/Community Development Commission Meetings of May 11, 2010,
May 25, 2010 and June 8, 2010 and the Regular Meetings of October 5,
2010 and October 19, 2010. (City Clerk)
ACTION: Approved. See above.
Book 92 / Page 256
11-09-2010
CONSENT CALENDAR (cont.)
MUNICIPAL CODE 2010 (506-2-25)
2. 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.
DEED (D2010-2)
3. Resolution No. 2010-240. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY GRANTING A QUITCLAIM DEED FOR A
SEWER EASEMENT VACATION TO JADE GROUP L.L.C. ON A
PARCEL OF LAND AT THE SOUTHWEST CORNER OF PLAZA
BOULEVARD AND PALM AVENUE AT 1540 PLAZA BOULEVARD,
WHICH THE EXISTING SEWER MAIN WAS ABANDONED AFTER
REALIGNMENT. (A.P.N. 557-330-09-00) (Development Services/
Engineering)
ACTION: Adopted. See above.
GRANT / PUBLIC SAFETY (206-4-27)
4. Resolution No. 2010-241. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE
DEPARTMENT TO PARTICIPATE IN THE BUREAU OF JUSTICE
ASSISTANCE BULLETPROOF VEST PARTNERSHIP GRANT
PROGRAM THAT WILL REIMBURSE THE CITY OF NATIONAL CITY
$4,678.10 OVER A TWO YEAR PERIOD. (Police)
ACTION: Adopted. See above.
GRANT / PUBLIC SAFETY (206-4-27)
5. Resolution No. 2010-242. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF
$95,000.00 IN THE FORM OF THE HOPE (HOMELESS OUTREACH,
PREVENTION AND ENFORCEMENT) GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS.
GRANT 2010-DD-BX-0443. (Police)
ACTION: Adopted. See above.
POLICE DEPT ADMIN (302-4-1)
6. Resolution No. 2010-243. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE NATIONAL CITY
POLICE DEPARTMENT TO PARTICIPATE IN THE JURISDICTIONS
UNIFIED FOR DRUG AND GANG ENFORCEMENT (JUDGE) TASK
FORCE. (Police)
ACTION: Adopted. See above.
Book 92 / Page 257
11-09-2010
CONSENT CALENDAR (cont.)
CONTRACT (C2010-32)
7. Resolution No. 2010-244. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO AGREEMENT FOR EXCHANGE
OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (522
WEST 8TH STREET AND 2020 HOOVER AVENUE). (City Attorney)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
8. Warrant Register #14 for the period of 09/29/10 through 10/05/10 in the
amount of $2,418,547.79. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
9. Warrant Register #15 for the period of 10/06/10 through 10/12/10 in the
amount of $673,814.17. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
10. Warrant Register #16 for the period of 10/13/10 through 10/19/10 in the
amount of $1,823,229.06. (Finance)
ACTION: Ratified. See above.
FINANCIAL MANAGEMENT 2010 - 2011 (204-1-26)
11. Investment Report for Quarter ended September 30, 2010. (Finance)
ACTION: Accepted and Filed. See above.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2010 (506-2-25)
12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA BUILDING CODE OF
REGULATIONS, TITLE 24, VOLUMES I AND II AND APPENDICES C, G,
H AND I OF SAID CODE, AMENDING CERTAIN SECTIONS;
PROVIDING PENALTIES FOR VIOLATION THEREOF; AND AMENDING
CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO THE CALIFORNIA BUILDING CODE. (Development
Services/Building Division)
TESTIMONY: Staff presentations were made summarizing the
Ordinances and code amendments. All ten Ordinances on the agenda are
mandated by the State of California and will go into effect January 1,
2011.
Book 92 / Page 258
11-09-2010
ORDINANCES FOR INTRODUCTION (cont.)
MUNICIPAL CODE 2010 (506-2-25)
13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA ENERGY CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6, AND
AMENDING CHAPTER 15.75 OF THE NATIONAL CITY MUNICIPAL
CODE PERTAINING TO THE CALIFORNIA ENERGY CODE.
(Development Services/Building Division)
MUNICIPAL CODE 2010 (506-2-25)
14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA MECHANICAL CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4 AND
ADOPTING APPENDIX CHAPTERS 1, A, B, C, AND D OF SAID CODE,
AND THE 2009 UNIFORM MECHANICAL CODE, AND AMENDING
CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO THE CALIFORNIA MECHANICAL CODE.
(Development Services/Building Division)
MUNICIPAL CODE 2010 (506-2-25)
15. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA PLUMBING CODE, TABLE
2902.1 OF THE 2010 CALIFORNIA BUILDING CODE AND CHAPTER 1,
DIVISION 11 OF THE 2010 CALIFORNIA PLUMBING CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 5, AND THE
UNIFORM PLUMBING CODE, AND AMENDING, ADDING, AND
DELETING CERTAIN SECTIONS OF THESE CODES, AND AMENDING
CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO THE CALIFORNIA PLUMBING CODE. (Development
Services/Building Division)
MUNICIPAL CODE 2010 (506-2-25)
16. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA ELECTRICAL CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 3, ANNEX H
OF SAID CODE, AND THE 2009 NATIONAL ELECTRICAL CODE AS
AMENDED ESTABLISHING REQUIREMENTS, RULES AND
STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS
WITHIN THE CITY AND AMENDING CHAPTER 15.24 OF THE
NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE
CALIFORNIA ELECTRICAL CODE. (Development Services/Building
Division)
Book 92 / Page 259
11-09-2010
ORDINANCES FOR INTRODUCTION (cont.)
MUNICIPAL CODE 2010 (506-2-25)
17. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA GREEN BUILDING
STANDARDS CODE, CALIFORNIA CODE REGULATIONS, TITLE 24,
PART 11 AND AMENDING THE NATIONAL CITY MUNICIPAL CODE BY
ADDING CHAPTER 15.78 PERTAINING TO THE 2010 CALIFORNIA
GREEN BUILDING STANDARDS CODE. (Development Services/
Building Division)
MUNICIPAL CODE 2010 (506-2-25)
18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING APPENDIX J OF THE 2010 CALIFORNIA BUILDING
CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 1I,
APPENDIX J AND AMENDING CHAPTER 15.70 (GRADING) OF THE
NATIONAL CITY MUNICIPAL CODE. (Development Services/Building
Division)
MUNICIPAL CODE 2010 (506-2-25)
19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2009 UNIFORM SWIMMING POOL, SPA AND
HOT TUB CODE, AND AMENDING CHAPTER 15.22 OF THE
NATIONAL CITY MUNICIPAL CODE PERTAINING TO UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE. (Development
Services/Building Division)
MUNICIPAL CODE 2010 (506-2-25)
20. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2.5 AND
ADDING CHAPTER 15.79 PERTAINING TO THE CALIFORNIA
RESIDENTIAL CODE. (Development Services/Building Division)
MUNICIPAL CODE 2010 (506-2-25)
21. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY ADOPTING THE 2010 CALIFORNIA FIRE CODE OF THE
CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND APPENDICES
THERETO AND THE NATIONAL FIRE PROTECTION ASSOCIATION
STANDARDS, AMENDING CERTAIN SECTIONS; PROVIDING
PENALTIES FOR VIOLATION THEREOF; AND AMENDING CHAPTER
15.28 OF THE NATIONAL CITY MUNICIPAL CODE. (Fire)
Book 92 / Page 260
11-09-2010
NEW BUSINESS
BUSINESS LICENSES ADMIN (203-5-1)
22. Update to the City Council on the Business Outreach and Retention
Program: First monthly business license report. (Redevelopment)
RECOMMENDATION: None.
TESTIMONY: Jacqueline Reynoso, Chamber of Commerce,
distributed promotional materials to the Council and advised that
marketing materials will be available soon.
ACTION: No action taken.
STREET VACATION ADMIN 2010 (902-26-5)
23. A request to initiate a Street Vacation to vacate portions of D Avenue,
south of 31st Street and 32nd Street, east of D Avenue. (Applicant:
Sudberry Properties, Inc.) (Case File No. 2008-37 SC) (Development
Services/Planning)
RECOMMENDATION: Staff recommends the Council initiate a Street
Vacation to vacate the portion of D Avenue South of 31st Street and the
portion of 32nd Street East of D Avenue.
TESTIMONY: None.
ACTION: Motion by Van Deventer, seconded by Zarate, to approve
staff recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS 2010 (203-1-26)
24. Temporary Use Permit - Sweetwater Harley-Davidson "Vatos y Viclas"
event at 3201 Hoover Avenue on November 13, 2010 from 8 p.m. to 12
a.m. 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: Marianna Polies, Sweetwater Harley-Davidson,
thanked the City for installing requested lights but objected to the
need for and cost of a TUP for every future event.
ACTION: Motion by Van Deventer, seconded by Zarate, to approve
staff recommendation. Carried by unanimous vote.
KIMBALL SENIOR CENTER ADMIN (702-1-2)
25. Request from Samahan (aka Community Health Center/United Fil-Am
Senior Citizens of San Diego) to use Kimball Senior Center on the last
Saturday of each month from 10:00 a.m. — 3:00 p.m. for their monthly
social/dance club. (Community Services)
RECOMMENDATION: Requesting direction from Council.
Book 92 / Page 261
11-09-2010
NEW BUSINESS (cont.)
KIMBALL SENIOR CENTER ADMIN (702-1-2)
25. Request from Samahan (aka Community Health Center/United Fil-Am
Senior Citizens of San Diego) to use Kimball Senior Center (continued).
TESTIMONY: Joel San Juan, Samahan Clinic, spoke in support
and responded to questions.
ACTION: Motion by Sotelo-Solis, seconded by Van Deventer, to
approve use, $155 fee and check deposit. Carried by unanimous
vote. Dates for November and December unresolved.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 26 and 27 (Resolution No.
2010-245 and 2010-246), Item Nos. 28 through 30 (Warrant Registers), Item No.
31 (Report). Motion by Van Deventer, seconded by Sotelo-Solis, to approve the
Consent Calendar. Carried by unanimous vote.
CONTRACT (C2006-77b)
26. Resolution No. 2010-245. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL
CITY APPROVING A SECOND AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT WITH SAN DIEGO HABITAT FOR
HUMANITY, INCORPORATED, REVISING THE "LOW INCOME
HOUSEHOLD" DEFINITION TO MEAN PERSONS AND FAMILIES
WHOSE INCOME DOES NOT EXCEED EIGHTY PERCENT (80%) OF
THE THEN CURRENT AREA MEDIAN INCOME. (Community
Development)
ACTION: Adopted. See above.
CONTRACT (C2006-77a)
27. Resolution No. 2010-246. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL
CITY 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 PURCHASE, AMENDING
DEFINITION OF LOW INCOME HOUSEHOLD, AND REVISING
DEVELOPMENT SCHEDULE. (Community Development)
ACTION: Adopted. See above.
Book 92 / Page 262
11-09-2010
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
28. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $1,127,727.89 to the City of National City
for the period of 09/29/10 through 10/05/10. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
29. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $54,159.26 to the City of National City for
the period of 10/06/10 through 10/12/10. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25)
30. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $100,816.91 to the City of National City for
the period of 10/13/10 through 10/19/10. (Finance)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2010 - 2011 (204-1-26)
31. Investment Report for Quarter ended September 30, 2010. (Finance)
ACTION: Accepted and Filed. See above.
NON CONSENT RESOLUTION
CONTRACT (C2010-76)
32. Resolution No. 2010-247. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL
CITY APPROVING AN AGREEMENT NOT TO EXCEED $53,104 WITH
E2 MANAGETECH SOLUTIONS, INC. TO PREPARE A LAND USE
COVENANT FOR A PORTION OF THE PUBLIC WORKS YARD SITE AT
2200 HOOVER AVENUE AND TO CONDUCT QUARTERLY GROUND
WATER MONITORING AS REQUIRED BY THE CALIFORNIA
DEPARTMENT OF TOXIC SUBSTANCES CONTROL. (Low Mod
Housing Tax Increment Fund) (Community Development)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
Book 92 / Page 263
11-09-2010
NEW BUSINESS
GRANT / COMMUNITY DEVELOPMENT (206-4-25)
33. A final report on the Areawide Brownfield Assessment Grant for the
Westside Specific Plan area. ($200,000 — Federal Funds) (Community
Development)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to accept
and file report. Carried by unanimous vote.
STAFF REPORT
BUDGET FY 2010-2011 (206-1-26)
34. Two Week Holiday Closure Update. (City Manager)
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to accept
and file report. Carried by unanimous vote.
MAYOR AND CITY COUNCIL
Member Sotelo-Solis extended congratulations to all election participants,
encouraged people to become civically engaged at all levels of government and
complimented the Fire Department for the great breakfast they hosted for Spirit
of the Holidays.
Member Van Deventer reminded everyone that an additional Spirit of the
Holidays breakfast is scheduled on December 4th at Las Palmas School.
CLOSED SESSION REPORT (509-1-4)
35. Closed Session. (City Attorney)
Claudia Silva, City Council / CDC Attorney, reported that there was action
on one item from the 5:00 pm Closed Session.
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')
Book 92 / Page 264
11-09-2010
ADJOURNMENT
Motion by Van Deventer, seconded by Sotelo-Solis, to adjourn the meeting to the
next Adjourned Regular City Council and Community Development Commission
Meeting to be held Tuesday, November 23. 2010 at 6:00 p.m. at the Council
Chambers, National City, California. Carried by unanimous vote.
The meeting closed at 7:17 p.m.
e,41 a
City Jerk / Recording Secretary
The foregoing minutes were approved at the Regular Meeting of November 23,
2010.
Mayor / CDC Chairman
EXHIBIT `L'
r
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, November 9, 2010 — 5:00 p.m.
ROLL CALL
CLOSED SESSION
1. 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
2. Conference with Leaal Counsel — Anticipated Litigation:
Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) — One case
ADJOURNMENT
Next Regular City Council/CDC Meeting - Tuesday, November 9, 2010, 6:00
p.m., Council Chambers, Civic Center