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HomeMy WebLinkAbout2011 07-19 CC CDC MINBook 93 / Page 192 07-19-2011 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA July 19, 2011 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:10 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, Parra, Raulston, Silva, Smith, Stevenson, Williams, Zapata. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Sunshine Horton, El Cajon, invited everyone to participate in her fundraising event for Children's Hospital. Bert Andrade, National City, said he supports the employees union. Michael Clark, Omar Hernandez and Demetrius Edwards representing the National City Bears minor league football team thanked the Mayor and City Council for their support and invited them to their opening game on Saturday. Trish Walton, Chairperson for the American Cancer Society Cancer Prevention Study known as CPS 3, extended an invitation for volunteers to participants in a study by signing up during the Relay for Life event on August 13th OFF AGENDA ITEM SUBJECT: Request to add an Off -Agenda Item regarding a Temporary Use Permit - Mor Furniture for Less Grand Opening Celebration on July 26, 2011 at 4:00 p.m. ACTION: Motion by Natividad, seconded by Zarate, to bring the item onto the Agenda as Item No. 43a. Carried by unanimous vote. Book 93 / Page 193 07-19-2011 PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. Employee of the Month - Colleen Stanich - Police Officer COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 2. Naval Base San Diego Change of Command from Captain Ricky Williamson to Captain Fred Winton Smith COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 3. Presentation of 2011 Miss National City, Maria Jimenez, and her Court, Princesses Ileana Avalos and Marisela Guevara COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 4. Cyreena Prada, National City's representative to the 2012 Miss California Pageant COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 5. Community Emergency Response Team (CERT) Academy Members. (Fire) Fire Engineer Steve Dillard, CERT coordinator presented the individuals who successfully completed the Community Emergency Response Team Academy: Gilbert and Sonia Caravantes, Carmel Fuentecilla, Leila Fulgencio, Luis Gutierrez, Sophia Holstad, Quenoel Quion, and Rosalina Sharkey. City Clerk Michael Dalla administered the Oath of Office to those present. COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 6. Presentation - SDG&E's 2011 Summer Outlook & Conservation Tips on Energy Usage. (Claudia Valenzuela, Public Affairs Manager, SDG&E) CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 7 (Minutes), Item No. 8 (NCMC), Item Nos. 9 through 22 (Resolution Nos. 2011-151 through 2011-164), Item No. 23 (Report), Item No. 24 (Disclosure), Item Nos. 25 and 26 (Warrant Registers). Motion by Rios, seconded by Sotelo-Solis, to pull Item Nos. 9, 10,, 13, 20, 21 and 25, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. Book 93 / Page 194 07-19-2011 CONSENT CALENDAR (cont.) APPROVAL OF MINUTES 7. SUBJECT: Approval of the Minutes of the City Council/Community Development Commission Regular Meeting of June 21, 2011. (City Clerk) ACTION: Approved. See above. MUNICIPAL CODE 2011 (506-2-26) 8. 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. PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32) 9. Resolution No. 2011-151. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "COMMERCIAL VEHICLES OVER 3 TONS PROHIBITED" SIGNS ON KIMBALL WAY TO ENHANCE SAFETY FOR PEDESTRIANS. (Traffic Safety Committee Item No. 2011-16) (Development Services/ Engineering) ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. Staff was asked to look at the area across from Buster's Restaurant regarding truck parking. PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32) 10. Resolution No. 2011-152. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF GREEN CURB 30-MINUTE TIME RESTRICTED PARKING WITH SIGNS IN FRONT OF 115, 117 AND 119 E. 8TH STREET. (Traffic Safety Committee Item No. 2011-12) (Development Services/Engineering) ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. A request was made to include the name of adjacent businesses in future agenda material. PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32) 11. Resolution No. 2011-153. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF GREEN CURB 30-MINUTE TIME RESTRICTED PARKING WITH SIGNS ON HIGHLAND AVENUE AND 1-HOUR TIME RESTRICTED PARKING ON E. 6TH STREET, ADJACENT TO 560 HIGHLAND AVENUE. (Traffic Safety Committee Item No. 2011-15) (Development Services/ Engineering) ACTION: Adopted. See above. Book 93 / Page 195 07-19-2011 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32) 12. Resolution No. 2011-154. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF ALL -WAY STOP CONTROL FOR THE INTERSECTIONS OF PALMER STREET AND EARLE DRIVE, AND PALMER STREET AND PALMER WAY, NEAR PALMER WAY SCHOOL TO ENHANCE PEDESTRIAN SAFETY AND COMPLIMENT ADDITIONAL IMPROVEMENTS PLANNED FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT. (Traffic Safety Committee Item No. 2011-17) (Development Services/ Engineering) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32) 13. Resolution No. 2011-155. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 3517 STOCKMAN STREET. (Traffic Safety Committee Item No. 2011-14) (Development Services/ Engineering) ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32) 14. Resolution No. 2011-156. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 2421 E. BETA STREET. (Traffic Safety Committee Item No. 2011-13) (Development Services/ Engineering) ACTION: Adopted. See above. CONDITONAL USE PERMITS 2011 (403-26-1) 15. Resolution No. 2011-157. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF FINDING OF CONSISTENCY WITH THE DOWNTOWN SPECIFIC PLAN AND APPROVAL OF A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE AND THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION AT 10 OSBORN STREET AND RESCINDING RESOLUTION 2011-148. (Applicant: Hagman & Associates) (Case File 2011-16 DSP, CUP) (Development Services/ Planning) ACTION: Adopted. See above. Book 93 / Page 196 07-19-2011 CONSENT CALENDAR (cont.) CONTRACT (C2011-32) 16. Resolution No. 2011-158. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO GREEN MECHANICAL IN THE AMOUNT NOT -TO -EXCEED $415,038 FOR CONSTRUCTION IMPROVEMENTS FOR THE NATIONAL CITY CHILLER REPLACEMENT PROJECT, SPECIFICATION 11-01 AND AUTHORIZING A CONTINGENCY AMOUNT OF $41,503 (10%). (Funded through Energy Efficiency Community Development Block Grant) (Development Services/ Engineering Division and Public Works) ACTION: Adopted. See above. CONTRACT (C2011-33) 17. Resolution No. 2011-159. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A RESIDUAL RECEIPTS LOAN OF $717,500 FROM HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS TO T&T COMMUNITY PROPERTIES, LLC FOR THE ACQUISITION AND REHABILITATION OF AN 8-UNIT APARTMENT COMPLEX AT 138 NORTON AVE., NATIONAL CITY AND REQUIRING AFFORDABLE RENT RESTRICTIONS ON 8 UNITS FOR A PERIOD OF 55 YEARS. (Community Development) ACTION: Adopted. See above. BLOCK GRANT PROGRAM ADMIN 2011 - 2012 (406-1-26) 18. Resolution No. 2011-160. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REDEMPTION OF $204,361 IN CDBG FUNDS HELD AS STATE AND LOCAL GOVERNMENT SECURITIES PURCHASED UNDER A DEFEASANCE ESCROW FOR THE U.S. DEPARTMENT OF HUD SECTION 108 LOAN USED TO FUND THE CONSTRUCTION OF FIRE STATION 34, ALSO APPROVING THE REALLOCATION OF $48,500.50 IN CDBG FUNDS FROM THE REMAINING BALANCE OF A FISCAL YEAR 2010-11 ALLOCATION TO THE CHRISTMAS IN JULY REHABILITATION PROGRAM TO COVER $252,861.50 OF INTEREST DUE ON THE SECTION 108 LOAN IN FISCAL YEAR 2011-12, AND FURTHERMORE, APPROVING AN INTERIM ALLOCATION FROM GENERAL FUND CONTINGENCY RESERVES OF $77,930.25 TO COMPLETE THE INTEREST PAYMENT OF $126,430.75 DUE ON JULY 25, 2011 TO BE REPAID FROM THE PROCEEDS OF SAID SECURITIES. (Administrative Services/Housing and Grants) ACTION: Adopted. See above. Book 93 / Page 197 07-19-2011 CONSENT CALENDAR (cont.) GRANT / PUBLIC SAFETY (206-4-27) 19. Resolution No. 2011-161. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $40,410 FROM THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO PURCHASE OUTREACH SUPPLIES, STILL CAMERAS, COLOR GUARD EQUIPMENT, AND SOFTWARE TO ESTABLISH A COMPUTER TABLET PILOT PROGRAM TO RETROFIT INTERVIEW ROOMS AND TO SOUNDPROOF THE INDOOR SHOOTING RANGE. (Police) ACTION: Adopted. See above. CONTRACT (C2009-56) 20. Resolution No. 2011-162. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SOUTH BAY COMMUNITY SERVICES (SBCS) IN THE NOT -TO -EXCEED AMOUNT OF $95,000 FOR THE PURPOSE OF PROVIDING SERVICES AND SUPPORT TO THE HOMELESS POPULATION IN THE CITY OF NATIONAL CITY VIA A FEDERAL GRANT (NO. 2010-DD-BX-0443) FROM THE U.S. DEPARTMENT OF JUSTICE. (Police) ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote CONTRACT (C2011-34) 21. Resolution No. 2011-163. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING LEGISLATION ON ELIMINATION OR REFORM OF REDEVELOPMENT. (City Attorney) ACTION: Motion by Natividad, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote PROPERTY TAX RATE BONDED INDEBTEDNESS ADMIN (205-2-2) 22. Resolution No. 2011-164. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2011-2012 FROM 1.42 CENTS PER $100 OF ASSESSED VALUATION TO 1.37 CENTS. (Finance) ACTION: Adopted. See above. Book 93 / Page 198 07-19-2011 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2011-2012 (204-1-27) 23. National City Sales Tax Update — First Quarter 2011. (Finance) ACTION: Filed. See above. 2010 AMENDMENT TO REDEV PLAN (411-2-4) 24. Disclosure of property interest located within the Redevelopment Project Area: Mayor Ron Morrison. (City Attorney) ACTION: The following disclosure was entered into the minutes: "Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the July 19, 2011 City Council meeting the fact that as of May 24, 2011, I (Ron Morrison) no longer own or have direct or indirect financial interests in the following property located within the National City Redevelopment Project Area: 2740 K Avenue, National City." WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 25. Warrant Register #51 for the period of 06/15/11 through 06/21/11 in the amount of $189,708.14. (Finance) ACTION: Motion by Natividad, seconded by Rios, to ratify Warrant Register #51. Carried by unanimous vote. A request was made for a status report by the Environmental Health Coalition and a future meeting. There was no vote. WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 26. Warrant Register #52 for the period of 06/22/11 through 06/28/11 in the amount of $1,431,402.82. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS SEWER CAPACITY / FEES ADMIN (906-1-4) 27. 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 Director of Public Works to certify the "Sewer Service Charge Fund" with the San Diego County Auditor. Sewer service fees will not increase for Fiscal Year 2011-2012. (Public Works) **Companion Item #31** RECOMMENDATION: Hold Public Hearing. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. Book 93 / Page 199 07-19-2011 PUBLIC HEARINGS (cont.) ABATEMENT WEED 2011 (402-3-10) 28. Public Hearing - Weed Abatement - Council to hear report findings regarding abated properties Parcel Numbers 5560820700 - 910 Melrose Street and 557-1803200 - 844 Palm Avenue held over from meeting of June 21, 2011, per National City Municipal Code 9.12.020 - Public Nuisance Declared - Weeds and other Flammable Materials. (Fire) **Companion Item #32** RECOMMENDATION: City Council by Resolution approves the Report and Account as submitted or as modified or corrected by City Council. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Zarate, to close the Public Hearing. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION MUNICIPAL CODE 2011 (506-2-26) 29. STAFF REPORT ON ABX126 AND ABX127 SEEKING COUNCIL DIRECTION ON WHETHER TO PARTICIPATE IN THE "ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM" AND ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY OF NATIONAL CITY TO PARTICIPATION IN THE "ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM," PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, SUBJECT TO CERTAIN CONDITIONS AND RESERVATIONS. (City Attorney) ACTION: Motion by Sotelo-Solis, seconded by Rios, to continue Redevelopment. Carried by unanimous vote. The Ordinance was introduced by title. ORDINANCE FOR ADOPTION MUNICIPAL CODE 2011 (506-2-26) 30. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING HAPTER 10.52 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES TO ALLOW DOGS TO BE OFF -LEASH IN CITY DESIGNATED DOG PARKS, AND ESTABLISHING DOG PARK REGULATIONS. (City Attorney) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Ordinance. Carried by unanimous vote. Book 93 / Page 200 07-19-2011 NON CONSENT RESOLUTIONS SEWER CAPACITY / FEES ADMIN (906-1-4) 31. Resolution No. 2011-165. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY HEALTH & SAFETY CODE SECTION 5473 ET SEQ PERTAINING TO THE 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 DIRECTOR OF PUBLIC WORKS TO CERTIFY THE "SEWER SERVICE CHARGE FUND" WITH THE SAN DIEGO COUNTY AUDITOR. **Companion Item No. #27** RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. ABATEMENT WEED 2011 (402-3-10) 32. Resolution No. 2011-166. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROVAL OF WEED ABATEMENT PUBLIC HEARING FINDINGS AND RESCINDING RESOLUTION NO. 2011-132. (Fire) **Companion Item # 28** RECOMMENDATION: Continue the hearing to July 21, 2011. Approve the Weed Abatement Public Hearing Findings and rescind Resolution No. 2011-132. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Zarate, to continue to the Adiourned Regular Meeting on July 21, 2011. Carried by unanimous vote. LABOR RELATIONS MEA MOU 2011-2014 (605-4-11) 33. Resolution No. 2011-167. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION. (Human Resources) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote Book 93 ! Page 201 07-19-2011 NON CONSENT RESOLUTIONS (cont.) LABOR RELATIONS MEA MOU 2011-2014 (605-4-11) 34. Resolution No. 2011-168. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE CONTRIBUTION RATES TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY ELIMINATING THE CITY'S CONTRIBUTION AND INCREASING TO EIGHT PERCENT THE MEMBER CONTRIBUTION PAID BY THE CITY OF NATIONAL CITY'S MISCELLANEOUS EMPLOYEES REPRESENTED BY THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION (NCMEA). (Human Resource) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS FINANCE - INVESTMENTS/POLICY (204-2-1) 35. Authorizing the issuance of a Request for Proposals (RFP) for Investment Management Services for the City of National City and the Community Development Commission; and request for appointment of two members of the City Council to participate in the selection of firm(s) for these services. (City Manager) RECOMMENDATION: Approve the RFP and appoint two members of the City Council to participate in the selection of firm(s) to provide investment management services for the City of National City and the Community Development Commission. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve staff recommendation and appoint Members Natividad and Rios to the Committee. Carried by unanimous vote. LEAGUE OF CA CITIES ADMIN (104-2-1) 36. League of California Cities Annual Conference - Designation of Voting Delegate and Alternate(s). (City Manager) RECOMMENDATION: Council designate a voting delegate and up to two alternates to represent the City during the 2011 League of Califomia Cities Annual Conference. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to appoint Mayor Morrison as voting delegate and Member Rios as alternate. Carried by unanimous vote. Book 93 / Page 202 07-19-2011 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2011 (203-1-27) 37. Temporary Use Permit - 1st Annual National City Youth Football Camp at El Toyon Field on July 23, 2011 from 8:00 am to 8:30 pm sponsored by the City of National City Community Services Department with a request for waiver of fees. (Neighborhood Services Division) RECOMMENDATION: Approve the application for a TUP subject to compliance with all conditions of approval with waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to approve staff recommendation. Carried by unanimous vote. Member Sotelo-Solis requested clarification from staff regarding what needs to be done for co -sponsored events and possible promotional material especially if the City is the primary sponsor of the event, what that should look like and as to limitations with regards to fundraising on that flyer and an event point of contact for the day of the event. TEMPORARY USE PERMITS 2011 (203.1-27) 38. Temporary Use Permit - Integrity Charter School request to conduct physical education activities at Kimball Park commencing July 26, 2011 through June 7, 2012. The applicant is requesting a waiver of fees. (Neighborhood Services Division) RECOMMENDATION: Approve the application for a TUP subject to compliance with all conditions of approval. TESTIMONY: An un-named speaker appeared on behalf of the applicant and responded to questions. ACTION: Motion by Natividad, seconded by Zarate, to approve application with no waiver of fees. Carried by the following vote, to - wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: Sotelo-Solis. Absent: None. Abstain: None. Member Sotelo-Solis clarified for the record that her 'no' vote was because fees were not waived. TEMPORARY USE PERMITS 2011 (203-1-27) 39. Temporary Use Permit - Sweetwater High School Unveiling Celebration on August 6, 2011 sponsored by the Sweetwater Union High School District and the City of National City at 2900 Highland Avenue. The applicant requests the use of the City's stage and street closures. (Neighborhood Services Division) RECOMMENDATION: Approve the application for a TUP subject to compliance with all conditions of approval. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to approve staff recommendation. Carried by unanimous vote. Book 93 / Page 203 07-19-2011 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2011 (203-1-27) 40. Temporary Use Permit - 7th Annual American Cancer Society Relay for Life at Kimball Park from August 13 to August 14, 2011. This is a City co- sponsored event pursuant to City Council Policy #804. (Neighborhood Services Division) RECOMMENDATION: Approve the application for a TUP subject to compliance with all conditions of approval with a waiver of fees totaling $1,000. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to approve staff recommendation. Carried by unanimous vote. PERMITS / SIGNS & MURALS ADMIN (203-7-1) 41. Request to loan the "Proudly United for Educational Development Organization" (PUEDO) Mural from the City of National City to Sweetwater High School. The PUEDO Mural is a City -owned mural and intends to be displayed in Sweetwater High School's new library. (Neighborhood Services Division) RECOMMENDATION: Approve the loaning of the PUEDO Mural to Sweetwater High School so that it may be displayed in Sweetwater High School's new library. TESTIMONY: None. ACTION: Motion by Rios, seconded by Zarate, to approve staff recommendation. Carried by unanimous vote PLANNING & BUILDING DEPT ADMIN (1104-1-10) 42. Notice of Decision - Planning Commission approval of Design Guidelines and Best Management Practices for newly established auto body shops. (Applicant: City initiated) (Case File 2010-13 A) (Development Services/ Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Design Guidelines and Best Management Practices for Auto Body Shops be approved. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve staff recommendation. Carried by unanimous vote Book 93 / Page 204 07-19-2011 NEW BUSINESS (cont.) PORT OF SAN DIEGO / PUBLIC ART COMM APPT (101-18-3) 43. Appointment to the Unified Port of San Diego's Public Art Committee. (City Manager) RECOMMENDATION: Requesting Council's appointment to the Unified Port of San Diego's Public Art Committee. TESTIMONY: None. ACTION: Mayor Morrison will bring nomination to Council. TEMPORARY USE PERMITS 2011 (203-1-27) 43a. Temporary Use Permit - Mor Furniture for Less Grand Opening Celebration on July 26, 2011 at 4:00 p.m. RECOMMENDATION: Approve the TUP with all conditions of staff. ACTION: Motion by Natividad, seconded by Rios, to approve staff recommendation. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 44 and 45 (Warrant Registers), Item No. 46 (Resolution No. 2011-169), Item No. 47 (Disclosure). Motion by Natividad, seconded by Rios, to pull Item No. 46, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 44. Authorize the reimbursement of Community Development Commission expenditures in the amount of $5,934.46 to the City of National City for the period of 06/15/11 through 06/21/11. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2010 - JUNE 2011 (202-1-25) 45. Authorize the reimbursement of Community Development Commission expenditures in the amount of $123,706.41 to the City of National City for the period of 06/22/11 through 06/28/11. (Finance) ACTION: Approved. See above. Book 93 / Page 205 07-19-2011 CONSENT CALENDAR (cont.) CONTRACT (C2011-35) 46. Resolution No. 2011-169. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING ITS CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH AMALIA OCHOA ALLOWING A NEW MORTGAGE OF $76,100 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOME BUYER ASSISTANCE LOAN OF $17,358 ISSUED BY THE COMMUNITY DEVELOPMENT COMMISSION (CDC) ON A SINGLE -UNIT PROPERTY LOCATED AT 915 OLIVE AVENUE IN NATIONAL CITY. (Administrative Services/Housing and Grants) ACTION: Motion by Natividad, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. 2010 AMENDMENT TO REDEV PLAN (411-2-4) 47. Disclosure of property interest located within the Redevelopment Project Area: Chairman Ron Morrison. (CDC/General Counsel) ACTION: The following disclosure was entered into the minutes: "Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the July 19, 2011 CDC meeting the fact that as of May 24, 2011, I (Ron Morrison) no longer own or have direct or indirect financial interests in the following property located within the National City Redevelopment Project Area: 2740 K Avenue, National City." STAFF REPORTS HOUSING & GRANTS DEPT ADMIN (1104-1-9) 48. Habitat for Humanity Orientation Meeting. (Housing-Grants/Administrative Services) STAFF REPORT: Housing Manager Alfredo Ybarra informed the City Council that Habitat for Humanity has secured seven buyers for the townhome project at 18th and 'G' Avenue and another orientation session is scheduled secure the final buyer for the project. CLOSED SESSION REPORT (509-1-4) 49. Closed Session Report. (City Attorney) STAFF REPORT: City Council / CDC Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit 'L') Book 93 / Page 206 07-19-2011 MAYOR AND CITY COUNCIL Member Natividad suggested the City do something to honor or recognize the 72 volunteers that work at the library. Vice Mayor Sotelo-Solis asked staff to check two locations on Highland Avenue for weeds and trash (4th & Highland and 8th and Highland), expressed concerns about 24-hour businesses that attract large crowds late at night, reported on her attendance at the National Association of Latino Elected Officials (NALEO) conference in San Antonio and her invitation to attend a related event dealing with childhood obesity. Member Sotelo-Solis inquired about the window at the newly approved tattoo establishment at Plaza Bonita. Member Rios expressed thanks to Human Resources Director Stacy Stevenson and the City and MEA negotiating teams. Member Zarate asked if it would be appropriate to coordinate the City's 125th Anniversary event with the Old Town National City Committee (OTNC). Mayor Morrison reported on the joint meeting of Transportation and Regional Planning Committees held at SANDAG regarding the reallocation of Regional Transportation funds and the on -going issue regarding the impact of Regional Housing Needs Assessment (RENA) numbers on future funding of local projects. The Mayor reported on trash and water rate increase issues, requested staff check a new smoke shop that opened on Plaza Blvd., and announced that the State of Kentucky bestowed upon the Mayor the title of Kentucky Coronal. City Treasurer Mitch Beauchamp cautioned the City Council that the current economic crisis shows no sign of improvement and the City will need to draw down on its reserves again in the next budget cycle. ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adioum the meeting to the next Adjourned Regular Meeting - Town Hall Meeting to inform the community about nonconforming land uses and amortization to be held Thursday, July 21, 2011 at 6:00 p.m. at the Martin Luther King, Jr. Community Center at 140 E. 12th Street, National City, California. Carried by unanimous vote. Adjourned Regular Meeting - Joint Meeting with the City of National City and the National City School District - Wednesday - July 27, 2011 - 6:00 p.m. - Rancho de la Nacion School Auditorium - 1830 E. Division Street, National City, California Book 93 / Page 207 07-19-2011 ADJOURNMENT (cont.) Adjourned Regular City Council and Community Development Commission Meeting - Tuesday - August 2, 2011 - 5:00 p.m. - Council Chambers - National City, California. (Meeting time adjusted for "National Nita Out" on August 2nd.) The meeting closed at 10:06 p.m. rAt/Zoib City Clerk / Recording Secretary The foregoing minutes were approved at the Regular Meeting of August 2, 2011. Mayor / CDC Chairman EXHIBIT 'L' ROLL CALL CLOSED SESSION Inc AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND NATIONAL CITY PARKING AUTHORITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, July 19, 2011 - 4:30 p.m. CITY COUNCIL 1. Conference with Labor Negotiators - Government Code Section 54957.6 Agency Designated Representatives: Leslie Deese, Manuel Rodriguez, Stacey Stevenson, Claudia Silva, Teresa Mendoza, and Eddie Kreisberg Employee Organization: Police Officers' Association 2. Conference with Labor Negotiators - Government Code Section 54657.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Brad Raulston, Teresa Mendoza, and Eddie Kreisberg Employee Organization: Fire Fighters' Association 3. Conference with Labor Negotiators - Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Teresa Mendoza, and Jeff Servatius Employee Organization: Municipal Employees' Association 4. Public Employee Performance Evaluation - Government Code Section 54957 Title: City Attorney Agenda of a Special Meeting July 19, 2011 Page 2 COMMUNITY DEVELOPMENT COMMISSION 1. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) ARE Holding, LLC v. Community Development Commission and Parking Authority, et al. San Diego County Superior Court Case No. 37-2010-00102387-CU-BC-CTL NATIONAL CITY PARKING AUTHORITY 1. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) ARE Holding, LLC v. Community Development Commission and Parking Authority, et al. San Diego County Superior Court Case No. 37-2010-00102387-CU-BC-CTL ADJOURNMENT Next Regular City Council/CDC Meeting - Tuesday, July 19, 2011, 6:00 p.m., Council Chambers, Civic Center