HomeMy WebLinkAbout2011 08-02 CC CDC ADJ MINBook 93 / Page 216
08-02-2011
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
August 2, 2011
The Adjourned Regular Meeting of the City Council and Community
Development Commission of National City was called to order at 5:02 p.m. by
Mayor / Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Natividad, Rios, Sotelo-Solis,
Za rate.
Administrative Officials present: Babaki, Dalla, Deese, Duong, Gonzales, Parra,
Silva, Smith, Stevenson, Williams, Zapata.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Eddie Perez, National City, inquired on behalf of some residents regarding the
rumored cancellation of zumba classes by the City.
Rita Heuss, National City, expressed her disappointment with the conduct of the
proceedings at the last Council Meeting during consideration of the item dealing
with the football camp.
INTERVIEWS / APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
1. Interviews and Appointments: Various Boards and Commissions. (City
Clerk)
ACTION: Motion by Rios, seconded by Zarate, to suspend
Commission Member Frank Lopez from participating pending
recommendation from CPRC amending their operating procedures
to address what constitutes a passing background check. Carried
by unanimous vote.
CITY COUNCIL
CONSENT CALENDAR
Book 93 / Page 217
08-02-2011
ADOPTION OF CONSENT CALENDAR. Item No. 2 (Minutes), Item No. 3
(NCMC), Item Nos. 4 through 9 (Resolution Nos. 2011-171 through 2011-176),
Item No. 10 (Temporary Use Permit), Item No. 11 (Report), Item Nos. 12 and 13
(Warrant Registers). Motion by Sotelo-Solis, seconded by Natividad, to pull Item
No. 5 and to approve the remainder of the Consent Calendar. Carried by
unanimous vote.
APPROVAL OF MINUTES
2. SUBJECT: Approval of the Minutes of the City Council/Community
Development Commission Regular Meetings of July 5, 2011 and July 19,
2011. (City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2011 (506-2-26)
3. 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.
STREET MAINTENANCE / ADMIN (903-3-1)
4. Resolution No. 2011-171. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE OPENING OF
ARCADIA AVENUE BETWEEN E. 7TH STREET AND E. 8TH STREET AS
A TEMPORARY ONE-WAY STREET NORTHBOUND TO IMPROVE
ACCESS FOR RESIDENTS AND EMERGENCY VEHICLES, UNTIL
SUCH TIME THAT PARADISE VILLAGE COMPLETES THEIR FINAL
PHASE OF CONSTRUCTION, WHICH WILL INCLUDE THE
NECESSARY FRONTAGE IMPROVEMENTS ON ARCADIA AVENUE TO
CREATE A STANDARD TWO-WAY STREET. (Traffic Safety Committee
Item No. 2011-19) (Development Services/Engineering)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32)
5. Resolution No. 2011-172. 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 2432 SEAWIND DRIVE. (Traffic Safety Committee
Item No. 2011-18) (Development Services/ Engineering)
ACTION: Motion by Rios, seconded by Zarate, to table the item to
allow staff to revisit the site. Carried by unanimous vote.
Book 93 / Page 218
08-02-2011
CONSENT CALENDAR (cont.)
CONTRACT (C2010-69)
6. Resolution No. 2011-173. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES,
INC. FOR A NOT TO EXCEED AMOUNT OF $772,003.50 TO PROVIDE
DESIGN SERVICES FOR VARIOUS CAPITAL IMPROVEMENT
PROJECTS, AUTHORIZE A 30% CONTINGENCY AMOUNT UP TO
$231,601.05 FOR UNFORESEEN PROJECT NEEDS. (Funded by 2011
Tax Allocation Bond (CIP) - various projects and 2011 Tax Allocation
Bond (Housing) - WI-TOD Public Works Relocation) (Development
Services/Engineering)
ACTION: Adopted. See above.
STUDY CITY FEE SCHEDULE (106-3-2)
7. Resolution No. 2011-174. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO
CONSIDER AMENDMENT OF THE NATIONAL CITY FEE SCHEDULE
IN REGARD TO THE SERIOUS TRAFFIC OFFENDER PROGRAM FEE,
THE VEHICLE REPOSSESSION FEE AND ON-LINE POLICE REPORT
FEE. (City Attorney)
ACTION: Adopted. See above.
STUDY CITY FEE SCHEDULE (106-3-2)
8. Resolution No. 2011-175. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER
TO APPLY FOR, ACCEPT, AND EXPEND THE NATIONAL CITY
NEGLIGENT VEHICLE IMPOUND AND RELEASE FEE. (City Attorney)
ACTION: Adopted. See above.
REDEV NATIONAL CITY REDEVELOPMENT PROJECT (411-1-10)
9. Resolution No. 2011-176. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN
APPEAL TO ABX1 27, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS IN SUPPORT AND FURTHERANCE OF AN
APPEAL. (Community Services)
ACTION: Adopted. See above.
TEMPORARY USE PERMITS 2011 (203-1-27)
10. Temporary Use Permit — 10th Annual 9/11 Remembrance Ceremony
hosted by the National City Fire Department at 343 E. 16th Street on
September 11, 2011 from 6:00 a.m. to 10 a.m. This applicant has
requested a waiver of fees. (Neighborhood Services)
ACTION: Approved. See above.
Book 93 / Page 219
08-02-2011
CONSENT CALENDAR (cont.)
FINANCIAL MANAGEMENT 2010-2011 (204-1-26)
11. Investment Report for Quarter ended June 30, 2011. (Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
12. Warrant Register #1 for the period of 06/29/11 through 07/05/11 in the
amount of $1,231,199.76. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
13. Warrant Register #2 for the period of 07/06/11 through 07/12/11 in the
amount of $1,482,038.61. (Finance)
ACTION: Ratified. See above.
OFF AGENDA ITEM
SUBJECT: Request to add an Off -Agenda Item regarding a Temporary Use
Permit - Request to approve add -on changes to the Temporary Use Permit
(TUP) approved by the City Council on April 19, 2011 for the Annual Automobile
Heritage Day event to be held at Kimball Park on August 7th from 8 am to 4 pm.
This is a National City Co -Sponsored event with the Chamber of Commerce.
ACTION: Motion by Zarate, seconded by Rios, to bring the item onto the
Agenda as Item No. 17a. Carried by unanimous vote.
URGENCY ORDINANCE FOR ADOPTION
MUNICIPAL CODE 2011 (506-2-26)
14. AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE
SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT
IMMEDIATELY, ENACTING A MORATORIUM PROHIBITING NEW
PAWNBROKER, SECONDHAND, AND PRECIOUS METAL DEALING
AND ESTABLISHMENTS IN NATIONAL CITY. (City Attorney)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Rios, to adopt the
Ordinance. Carried by unanimous vote.
Book 93 / Page 220
08-02-2011
ORDINANCE FOR ADOPTION
MUNICIPAL CODE 2011 (506-2-26)
15. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AUTHORIZING THE CITY OF NATIONAL CITY TO PARTICIPATE
IN THE "ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM",
SUBJECT TO CERTAIN CONDITIONS AND RESERVATIONS. (City
Attorney)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt
the Ordinance. Carried by unanimous vote.
NON CONSENT RESOLUTION
CONTRACT (C2011-38)
16. Resolution No. 2011-177. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A REMITTANCE AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY, PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34194.2, WHICH
REMITTANCE IS CURRENTLY ESTIMATED AT $4.8 MILLION FOR
FISCAL YEAR 2011-2012. (City Attorney) **Companion Item #22**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Natividad, to
approve staff recommendation. Carried by unanimous vote.
NEW BUSINESS
CONDITIONAL USE PERMITS 2011 (403-26-1)
17. Notice of Decision — Planning Commission approval of a Conditional Use
Permit for The Journey Thrift Shop operated by the Bilateral Safety
Corridor Coalition at 241 National City Blvd. (Applicant: Marisa Ugarte)
(Case File 2011-20 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 Natividad, seconded by Rios, to file the Notice
of Decision. Carried by unanimous vote.
Book 93 / Page 221
08-02-2011
NEW BUSINESS
TEMPORARY USE PERMITS 2011 (203-1-27)
17a. TEMPORARY USE PERMIT — Request to approve add -on changes to the
Temporary Use Permit (TUP) approved by the City Council on April 19,
2011 for the Annual Automobile Heritage Day event to be held at Kimball
Park on August 7`h from 8 am to 4 pm. This is a National City Co -
Sponsored event with the Chamber of Commerce.
RECOMMENDATION: Approve the requested add -on changes to the
Temporary Use Permit subject to compliance with all conditions of
approval.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve
staff recommendation. Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 18 and 19 (Warrant
Registers), Item No. 20 (Report), Item No. 21 (Resolution No. 2011-178). Motion
by Natividad, seconded by Sotelo-Solis, to approve the Consent Calendar.
Carried by unanimous vote.
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
18. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $6,052.13 to the City of National City for the
period of 6/29/11 through 07/05/11. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
19. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $206,980.16 to the City of National City for
the period of 7/06/11 through 07/12/11. (Finance)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2010 - 2011 (204-1-26)
20. Investment Report for quarter ended June 30, 2011. (Finance)
ACTION: Filed. See above.
Book 93 / Page 222
08-02-2011
CONSENT CALENDAR (cont.)
CITY WIDE HOUSING ADMIN (303-4-1)
21. Resolution No. 2011-178. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) REDUCING ITS ALLOCATION TO THE LOW AND MODERATE
INCOME HOUSING FUND FOR THE 2011-2012 FISCAL YEAR AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS. (City Attorney/
Redevelopment)
ACTION: Adopted. See above.
NON CONSENT RESOLUTION
CONTRACT (C2011-38)
22. Resolution No. 2011-179. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE A REMITTANCE
AGREEMENT BETWEEN COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY, AND THE CITY OF NATIONAL
CITY, PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 34194.2, WHICH REMITTANCE IS CURRENTLY ESTIMATED
AT $4.8 MILLION FOR FISCAL YEAR 2011-2012. (City Attorney)
**Companion Item #16**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
STAFF REPORTS
CLOSED SESSION REPORT (509-1-4)
23. 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')
City Manager Chris Zapata reported that appointment of a new Financial Service
Officer will be made soon.
Book 93 / Page 223
08-02-2011
MAYOR AND CITY COUNCIL
Member Natividad introduced former Student Representative Veronica Cuevas, a
recent graduate from Cal Poly with a degree in Aeronautical Engineering. Mr.
Natividad requested an update report from staff on Policy 711 dealing with taxi
cabs as it relates to how the approved cabs have been operating; the quality of
service to our residents; compliance with their eligibility requirements,
compliance with their management business plan; how many cabs approved
previously are still operating in our City; who on staff is assigned to monitor the
policy; how many medallions have been transferred; names of companies who
have National City medallions; and how much insurance is required per cab.
Member Natividad also suggested the City consider charging a cleaning deposit
for use of parks and volunteered to meet with staff to seek solutions to parking
problems at Las Palmas Park.
Vice Mayor Sotelo-Solis requested staff look into the large ice box recently
installed on Highland Avenue and the current policy/practice regarding co -
sponsorships, flyers and use of City logo. Member Sotelo-Solis stated that the
recent joint meeting with the National School District Board was a big success.
Member Rios asked staff to clarify the status of the recently held football camp as
an annual and co -sponsored event; requested consideration be given to
establishing a policy on the use of City parking facilities during off hours and
recommended a way be found to facilitate regular reports from City Council
members serving on Ad Hoc committees.
Member Zarate provided details on the upcoming dedication event for
Sweetwater High School on August 6, 2011.
Mayor Morrison provided additional details and information on the planning
experience and issues regarding the Sweetwater High Dedication Event.
City Treasurer Mitch Beauchamp reported on the most recent Investment Report
and the potential implications for the City of the marijuana dispensing issue in the
City of San Diego.
ADJOURNMENT
Motion by Sotelo-Solis, seconded by Rios, to adioum the meeting to the next
Regular City Council and Community Development Commission Meeting to be
held Tuesday, August 16, 2011 at 6:00 p.m. at the Council Chambers, National
City, California. Carried by unanimous vote.
The meeting closed at 6:02 p.m.
Book 93 / Page 224
08-02-2011
City Clerk / Recording Secretary
The foregoing minutes were approved at the Regular Meeting of August 16,
2011.
Mayor / CDC Chairman
EXHIBIT `L'
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
THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting - Tuesday, August 2, 2011 — 4:00 p.m.
ROLL CALL
CLOSED SESSION
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 Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Community Youth Athletic Center v. City of National City, Community Development
Commission of the City of National City, et al.
San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-CTL
Agenda of a Special Meeting
August 2, 2011
Page 2
CLOSED SESSION (cont.)
COMMUNITY DEVELOPMENT COMMISSION
1. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Community Youth Athletic Center v. City of National City, Community Development
Commission of the City of National City, et al.
San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-CTL
2. 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
PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
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, August 2, 2011, 5:00 p.m., Council
Chambers, Civic Center