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HomeMy WebLinkAbout2011 04-19 CC CDC MINBook 93 / Page 111 04-19-2011 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA April 19, 2011 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, Natividad, Rios, Sotelo-Solis, Zarate. Administrative Officials present: Babaki, Dalla, Deese, Duong, Gonzales, Hodges, Parra, Raulston, Silva, Smith, Stevenson, Williams, Zapata. Others present: Student Representative Samantha Galicia. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Brian Clapper, Chairman on the Library Board, on behalf of the Board requested that the Council reconsider proposed organizational restructuring of the Library. Gloria Bird, speaking on behalf of Friends of the National City Library, said the Library in National City is special and the proposed changes in the Library should be reconsidered. Geoffrey Schrock, National City, addressed the issue of shopping carts in the City. PROCLAMATION PROCLAMATION ADMIN (102-2-1) 1. Proclaiming May 5, 2011 as: "NATIONAL DAY OF PRAYER" PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. Employee of the Month for April 2011 — Karen Abruscato — Crime Analyst Book 93 / Page 112 04-19-2011 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) BUDGET FY 2010-2011 (206-1-26) 3. Fiscal Year 2010-2011 Budget Update. (City Manager) (Copy on file in the Office of the City Clerk) COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 4. South County Economic Development Council — Cindy Gompper Graves, CEO (Copy on file in the Office of the City Clerk) COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 5. Presentation by Representatives from the San Diego Repertory Theatre (Copy on file in the Office of the City Clerk) INTERVIEWS AND APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 6. Interviews and Appointments: Various Boards & Commissions. (City Clerk) No one was present to be interviewed. OFF AGENDA ITEM SUBJECT: Appeal of Stop Work Order for the erection of an unpermitted structure at Knight & Carver, 1313 Bay Marina Drive, on Port District property. TESTIMONY: Michael O'Leary, President and CEO of Knight & Carver spoke to the need for Council action. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to bring the item onto the Agenda as Item No. 30a based on a finding that there is a need for immediate action and the need arose after the posting of the agenda. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 7 (Minutes), Item Nos. 8 through 12 (Resolution Nos. 2011-86 through 2011-90), Item Nos. 13 and 14 (Warrant Registers). Motion by Natividad, seconded by Sotelo-Solis, to pull Item Nos. 8 and 12, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. Book 93 / Page 113 04-19-2011 CONSENT CALENDAR (cont.) APPROVAL OF MINUTES 7. SUBJECT: Approval of the Minutes of the City Council/Community Development Commission Special Meeting of February 22, 2011 and the Regular Meetings of March 1, 2011 and April 5, 2011. (City Clerk) ACTION: Approved. See above. PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32) 8. Resolution No. 2011-86. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF "F" AVENUE AND E. 28TH STREET ADJACENT TO SWEETWATER HIGH SCHOOL TO A ONE-WAY ROUTE (SOUTHBOUND TO EASTBOUND) WITH IMPROVEMENTS TO STUDENT DROP-OFF/PICK- UP AND PARKING (Traffic Safety Committee Item No. 2011-7). (Development Services/ Engineering) ACTION: Motion by Natividad, seconded by Sotelo-Solis, to continue for two weeks for additional staff review. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Sotelo-Solis. Nays: Zarate. Abstain: None. Absent: None. CONTRACT (C2010-55) 9. Resolution No. 2011-87. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM BLUE PACIFIC ENGINEERING AND CONSTRUCTION IN THE FINAL AMOUNT OF $51,152.50, RATIFYING THE FILED NOTICE OF COMPLETION WITH THE COUNTY RECORDER AND AUTHORIZING THE RELEASE OF RETENTION IN THE AMOUNT OF $5,115.25 FOR THE NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS PROJECT. (Funded by Tax Increment Fund) (Development Services/Engineering) ACTION: Adopted. See above. ENCROACHMENT AGREEMENT ADMIN 2011 (903-14-5) 10. Resolution No. 2011-88. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT PERMIT AND AN AGREEMENT WITH RESTRUCTURE PETROLEUM MARKETING SERVICES (RPMS) FOR THE INSTALLATION OF FOUR (4) UNITS GROUNDWATER MONITORING WELLS LOCATED IN THE VICINITY OF TOLAS COURT, 7TH STREET AND SALOT STREET. (Development Services/Engineering) ACTION: Adopted. See above. Book 93 / Page 114 04-19-2011 CONSENT CALENDAR (cont.) CONTRACT (C2010-15) 11. Resolution No. 2011-89. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH THE CITY OF CHULA VISTA FOR A TOTAL NOT TO EXCEED AMOUNT OF $317,733 TO PROVIDE GENERAL ANIMAL CONTROL, SHELTER, AND RELATED ADMINISTRATIVE SERVICES TO THE RESIDENTS OF NATIONAL CITY FOR AN ADDITIONAL ONE (1) YEAR TERM THROUGH FISCAL YEAR 2011-2012. (Police) ACTION: Adopted. See above. COUNCIL POLICY MANUAL (102-13-1) 12. Resolution No. 2011-90. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 117 ENTITLED "DISTRIBUTION AND REPORTING OF TICKETS AND PASSES DISTRIBUTED BY THE CITY TO CITY OFFICIALS." (City Attorney) ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 13. Warrant Register #36 for the period of 03/02/11 through 03/08/11 in the amount of $1,740,201.67. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 14. Warrant Register #37 for the period of 03/09/11 through 03/15/11 in the amount of $403,383.05. (Finance) ACTION: Ratified. See above. PUBLIC HEARING TRANSPORTATION DEVELOPMENT PLANNING ADMIN (802-3-1) 15. Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact Fee (TDIF), pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2%, as required by SANDAG, resulting in the fee adjusting from $2,081 per new residential dwelling unit to $2,123 per unit. (Development Services/Engineering) **Companion Item #16** RECOMMENDATION: Hold Hearing. TESTIMONY: None. Book 93 / Page 115 04-19-2011 PUBLIC HEARING (cont.) TRANSPORTATION DEVELOPMENT PLANNING ADMIN (802-3-1) 15. Public Hearing of the City Council (continued). ACTION: Motion by Natividad, seconded by Zarate, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Abstain: None. Absent: Sotelo-Solis. NON CONSENT RESOLUTIONS TRANSPORTATION DEVELOPMENT PLANNING ADMIN (802-3-1) 16. Resolution No. 2011-91. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.52.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN INCREASE IN THE TDIF BY 2% AS REQUIRED BY SANDAG, RESULTING IN THE FEE ADJUSTING FROM $2,081 PER NEW RESIDENTIAL DWELLING UNIT TO $2,123 PER UNIT. (Fees deposited into Transportation Impact Fee Fund) (Development Services/Engineering) **Companion Item $15 ** RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2003-46) 17. Resolution No. 2011-92. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A FIRST AMENDMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC. (FORMERLY, POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J) FOR SEWER BILLING AND TAX ROLL PREPARATION AND ADMINISTRATIVE SERVICES AT A RATE OF $45,867. FUNDS ARE AVAILABLE IN WASTEWATER DIVISION CONTRACT SERVICES ACCOUNT. (Public Works) RECOMMENDATION: Approve the First Amendment. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. Book 93 / Page 116 04-19-2011 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2003-46) 18. Resolution No. 2011-93. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC. (FORMERLY POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J), TO PROVIDE AS -NEEDED SERVICES. (Public Works) RECOMMENDATION: Approve the Amendment. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. PERSONNEL ADMIN (604-6-1) 19. Resolution No. 2011-94. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO IMPLEMENT A ONE-TIME INCENTIVE BASED VOLUNTARY SEPARATION PROGRAM FOR ELIGIBLE EXECUTIVE AND MANAGEMENT EMPLOYEE CLASSIFICATIONS OF THE CITY OF NATIONAL CITY (EXCLUDING PUBLIC SAFETY COMMAND CLASSIFICATIONS), EFFECTIVE MARCH 30, 2011, INCLUDING A DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT UNDER THE PROVISIONS GOVERNMENT CODE SECTION 20903, WITH THE DISCLOSURE OF THE COSTS TO PROVIDE THIS BENEFIT IN COMPLIANCE WITH GOVERNMENT CODE SECTION 7507. (Human Resources) RECOMMENDATION: Recommend approval of Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS SPECIFIC PLAN — WESTSIDE (417-1-10) 20. A report to the City Council of the City of National City on the ranking process for non -conforming commercial and industrial uses to be considered for amortization, and staff request for direction to commence ranking non -confirming uses in the Westside Specific Plan area. (Federal grant) (Community Development) RECOMMENDATION: Accept and file. Provide direction to staff on commencing ranking for Westside Specific Plan area. TESTIMONY: None. Book 93 / Page 117 04-19-2011 NEW BUSINESS (cont.) SPECIFIC PLAN — WESTSIDE (417-1-10) 20. A report to the City Council (continued). ACTION: Motion by Sotelo-Solis, seconded by Natividad, to continue to the May 3rd Council Meeting. Carried by unanimous vote. MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1) 21. Request from Iglesia Evangelica San Pablo, A.R. to use the Martin Luther King Center (main hall) for a choir concert on 4/23/11 from 5:00 pm — 9:00 pm for approximately 200 attendees. Applicant is requesting waiver of fees. (Community Services) RECOMMENDATION: Approve the request with no waiver of fees. TESTIMONY: Ms. Sanchez, appeared on behalf of the applicant and responded to questions. ACTION: Motion by Natividad, to approve request with a date change to June 18th and waiver of rental fee only. Motion died for lack of a second. Motion by Natividad, seconded by Zarate, to approve the change of date to June 18th and staff recommendation with no waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2011 (203-1-27) 22. Temporary Use Permit — Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on May 7, 2011 from 11:00 am to 3:00 pm. The applicant is requesting a waiver of fees. (Neighborhood Services Division) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: Jason Navarro, appeared on behalf of the applicant and spoke in support of the TUP. ACTION: Motion by Natividad, seconded by Zarate, to approve staff recommendation with no waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2011 (203-1-27) 23. Temporary Use Permit — Philippine Faire 2011 "Festival of Festivals Parade" at Kimball Park on May 28, 2011 from 7:00 a.m. to 6:00 pm. The applicant has requested a waiver of fees. (Neighborhood Services Division) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: An un-named speaker appeared on behalf of the applicant and spoke in support. Book 93 / Page 118 04-19-2011 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2011 (203-1-27) 23. Temporary Use Permit — Philippine Faire 2011 (continued). ACTION: Motion by Sotelo-Solis, seconded by Natividad, to approve staff recommendation with no waiver of fees. Carried by unanimous vote. TEMPORARY USE PERMITS 2011 (203-1-27) 24. Temporary Use Permit — National City's 20th Annual Automobile Heritage Show on August 7, 2011 at Kimball Park from 8:00 a.m. to 4:00 pm sponsored by the National City Chamber of Commerce. This is a National City co -sponsored event per Council Policy No. 804. (Neighborhood Services) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to approve staff recommendation. Carried by unanimous vote. STREET VACATION ADMIN 2011 (902-26-2) 25. A request for an additional extension to May 28, 2011, the 40-day period for initiation of 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 extend the street vacation initiation period for an additional 40 days to May 28, 2011. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve staff recommendation. Carried by unanimous vote. CONDITIONAL USE PERMITS 2011 (403-26-1) 26. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a pawn shop and gold buying business at 2720 Plaza Blvd. (Applicant: Anzar Enterprises) (Case File 2011-05 CUP) (Development Services/Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: An un-named speaker, the owner, appeared and responded to questions. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to file the Notice of Decision. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Sotelo-Solis, Zarate. Nays: Rios. Abstain: None. Absent: None. Book 93 / Page 119 04-19-2011 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2011 (403-26-1) 27. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communication facility at 2005 Highland Avenue. (Applicant: AT&T) (Case File 2010-31 CUP) (Development Services/ Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Shelly Kilbourn appeared on behalf of AT&T and responded to questions. ACTION: Motion by Sotelo-Solis, seconded by Rios, to set for Public Hearing on May 3rd. Carried by unanimous vote. CONDITIONAL USE PERMITS 2011 (403-26-1) 28. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a second story addition to a single-family home at 1220 Manchester Street. (Applicant: Imelda Bernardo) (Case File 2011-06 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 Rios, seconded by Sotelo-Solis, to file the Notice of Decision. Carried by unanimous vote. CONDITIONAL USE PERMITS 2011 (403-26-1) 29. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a satellite college campus within an existing commercial building at 22 West 35th Street. (Applicant: Califomia College San Diego) (Case File 2011-07 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 Zarate, seconded by Rios, to file the Notice of Decision. Carried by unanimous vote. BOARDS & COMMISSIONS ADMIN (101-1-1) 30. Request for the appointment of two City Council Members to the Ad Hoc Committee for the proposed collaboration with the National School District. (City Manager) RECOMMENDATION: Appoint Councilmembers to City of National City Ad Hoc Committee with the National School District. TESTIMONY: None. ACTION: Motion by Rios, seconded by Natividad, to appoint Mayor Morrison and Councilmember Zarate. Carried by unanimous vote. Book 93 / Page 120 04-19-2011 NEW BUSINESS (cont.) PERMITS / LICENSES REPORTS / SUSPENSIONS / APPEALS (203-8-1) 30a. Appeal of Stop Work Order for the Erection of an Unpermitted Structure Issued to Knight & Carver, 1313 Bay Marina Drive, on Port District property. RECOMMENDATION: The City Manager recommended upholding the appeal. TESTIMONY: Michael O'Leary, President and CEO of Knight & Carver spoke in favor of upholding the appeal. ACTION: Motion by Natividad that we uphold the appeal provided that our staff assures us that it is safe and that there be some kind of compensation for use of staff. A recess was called at 10:03 p.m. The meeting reconvened at 10:17 p.m. All members were present. ACTION (continued): Member Natividad withdrew his motion. Motion by Sotelo-Solis, seconded by Zarate, to uphold the appeal of the Stop Work Order. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 31 and 32 (Warrant Registers). Motion by Sotelo-Solis, seconded by Natividad, to approve the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 31. Authorize the reimbursement of Community Development Commission expenditures in the amount of $92,552.16 to the City of National City for the period of 03/02/11 through 03/08/11. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 32. Authorize the reimbursement of Community Development Commission expenditures in the amount of $19,260.45 to the City of National City for the period of 03/09/11 through 03/15/11. (Finance) ACTION: Approved. See above. Book 93 / Page 121 04-19-2011 NEW BUSINESS COMMUNITY DEVELOPMENT ADMIN 2011-2014 (406-2-16) 33. Report by the Economic Development Projects implemented by the National City Chamber of Commerce. (Community Development) TESTIMONY: Jacqueline Reynoso, Chamber of Commerce President and CEO gave a presentation. (Copy on file in the Office of the City Clerk) STAFF REPORTS CLOSED SESSION REPORT (509-1-4) 34. Closed Session Report. (City Attorney) City Council / CDC Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') BONDS ADMIN (207-1-1) 35. Park Villas Multi -Family Housing Bond Sale update. (City Attorney) City Attorney Claudia Silva reported that $12 million in bonds were successfully sold from which the City will receive $252,000 in the next 30 days. MAYOR AND CITY COUNCIL Member Sotelo-Solis advised that Latina Action Day is Tuesday, April 26th and she will be highlighted as one of three Latina leaders on Time Warner Cable. Mayor Morrison reminded everyone that the Vallarta Market opening event is tomorrow. ADJOURNMENT Motion by Rios, seconded by Sotelo-Solis, to adjourn the meeting to the next Regular City Council and Community Development Commission Meeting to be held Tuesday, May 3, 2011 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:28 p.m. City Clerk /Recording Secretary Book 93 / Page 122 04-19-2011 The foregoing minutes were approved at the Regular Meeting of May 17, 2011. 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, April 19, 2011 — 4:30 p.m. ROLL CALL OPEN SESSION 1. Real Property Transaction — Lease of City -owned property at 1430 D Avenue, National City, by the Boys & Girls Clubs of Greater San Diego, Inc. CLOSED SESSION 1. Conference with Labor Negotiators — Government Code Section 54657.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Eddie Kreisberg, Brad Raulston, Teresa Mendoza Employee Organization: Fire Fighters Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Teresa Mendoza, Claudia Silva, Jeff Servatius Employee Organization: Municipal Employees' Association 3. Conference with Real Property Negotiator — Government Code Section 54956.8 Property: 1430 D Avenue, National City Agency Negotiator: Chris Zapata Negotiating Parties: City of National City and Boys & Girls Clubs of Greater San Diego, Inc. Under Negotiation: Price and Terms of Payment ADJOURNMENT Next Regular City Council/CDC Meeting — Tuesday, April 19, 2011, 6:00 p.m., Council Chambers, Civic Center