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Home My WebLink About2011 10-04 CC CDC MINBook 93 / Page 262 10-04-2011 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA October 4, 2011 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:09 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Natividad, Rios, Zarate. Council / Commission members absent: Sotelo-Solis. Administrative Officials present: Babaki, Dalla, Deese, Duong, Gonzales, Parra, Raulston, Silva, Smith, Stevenson, Williams, Zapata. Others present: City Treasurer Mitch Beauchamp and Student Representatives Aileen Horta or Leemaylin Avila. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS None. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. Employee of the Month for September, 2011 (Rescheduled) — Scott Robinson, Fire Engineer/Paramedic. COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 2. Certificates for Sponsors for "The City Employee's 1st Annual National City Employees' Picnic" TESTIMONY: James Slade, on behalf of City employees, expressed thanks and appreciation for the Employee Picnic held on September 24th and gave special recognition to Josie Flores Clark, the employee picnic planning committee members, Councilmember Natividad, Emergency Services Director Parra and all the business sponsors. Mayor Morrison acknowledged all the sponsors that made the event possible at no cost to the City or employees and presented Certificates of Appreciation on behalf of the City. Book 93 / Page 263 10-04-2011 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2011 (102-10-6) 2. Certificates for Sponsors for "The City Employee's 1st Annual National City Employees' Picnic" (continued). Sponsors • Big Ben's Market / Carnival Market • Eddy Brikho & Family • El Super National City Employee's Picnic Committee Members Department Mayor / Council Mayor / Council City Attorney City Manager MIS Finance Human Resources Housing & Grants Neighborhood Services Development Services Engineering Community Services Fire Library Police Public Works Redevelopment OFF AGENDA ITEM Employee Josie Flores -Clark Dionisia Trejo Ginny Miller Lavonne Watts Damon Dong Sheila Pangco Lilia Munoz Carlos Aguirre Vianey Rolon Lynn Cole James Slade Lauren Maxilom Mike Mejia Gloria Olivares Yolanda Felix Ruben Carillo Denise Davis SUBJECT: Development Services Director Maryam Babaki requested that the following Resolution be added to the Agenda. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) IN THE AMOUNT OF $800,000 FOR THE RESTORATION OF PARADISE CREEK THROUGH KIMBALL PARK. Book 93 / Page 264 10-04-2011 OFF AGENDA ITEM (cont.) SUBJECT: Development Services Director Maryam Babaki requested that the following Resolution be added to the Agenda (continued). RECOMMENDATION: Add the Item. ACTION: Motion by Zarate, seconded by Rios, to bring the item onto the Agenda as Item No. 14a. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Sotelo-Solis. Abstain: None. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Item Nos. 4 through 6 (Resolution Nos. 2011-223 through 2011-225), Item Nos. 7 and 8 (TUP), Item Nos. 9 and 10 (Warrant Registers). Motion by Natividad, seconded by Rios, to approve the Consent Calendar. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Sotelo-Solis. Abstain: None. APPROVAL OF MINUTES 3. SUBJECT: Approval of the Minutes of the Adjourned Regular Council/Community Development Commission Meeting of September 27, 2011. (City Clerk) ACTION: Approved. See above. CONTRACT (C2009-78) 4. Resolution No. 2011-223. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA SOIL & TESTING, INC. TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR, AND INCREASE THE AGREEMENT BY $150,000 FOR A TOTAL NOT -TO - EXCEED AMOUNT OF $300,000 TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS - NEEDED BASIS. (Development Services/Engineering) ACTION: Adopted. See above. Book 93 / Page 265 10-04-2011 CONSENT CALENDAR (cont.) CONTRACT (C2009-82) 5. Resolution No. 2011-224. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND NINYO & MOORE CORPORATION TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR, AND INCREASE THE AGREEMENT BY $150,000 FOR A TOTAL NOT -TOO -EXCEED AMOUNT OF $300,000 TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS. (Development Services/Engineering) ACTION: Adopted. See above. CONTRACT (C2011-47) 6. Resolution No. 2011-225. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SOHAGI LAW GROUP, PLC TO PROVIDE LEGAL DEFENSE SERVICES IN THE NOT TO EXCEED AMOUNT OF $101,000. (City Attorney) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2011 (203-1-27) 7. Temporary Use Permit — Health & Wellness Fair hosted by Paradise Valley Hospital and The National City Times on October 15, 2011 from 10:00 a.m. to 4:00 p.m. with no waiver of fees. (Neighborhood Services Division) ACTION: Approved. See above. TEMPORARY USE PERMITS 2011 (203-1-27) 8. Temporary Use Permit — Sweetwater Harley Davidson "Flaming Knights MC Dance" at 3201 Hoover Avenue on October 29, 2011 from 8:30 p.m. to 1:30 a.m. with no waiver of fees. (Neighborhood Services Division) ACTION: Approved. See above. WARRANT REGISTER JULY 2011 —JUNE 2012 (202-1-26) 9. Warrant Register #10 for the period of 08/31/11 through 09/06/11 in the amount of $1,858,874.12. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26) 10. Warrant Register #11 for the period of 09/07/11 through 09/13/11 in the amount of $801,218.02. (Finance) ACTION: Ratified. See above Book 93 / Page 266 10-04-2011 NEW BUSINESS LOCAL COASTAL PROGRAM ADMIN (405-5-1) 11. Notice of Decision — Planning Commission approval of a Coastal Development Permit for the widening of Bay Marina and Civic Center Drives and Interstate 5 on and off ramps in the Coastal Zone. (Applicant: Caltrans) (Case File 2011-23 CDP) (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 approve staff recommendation. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Sotelo- Solis. Abstain: None. CONDITIONAL USE PERMITS 2011 (403-26-1) 12. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at a proposed Fresh & Easy grocery store at 1325 East Plaza Blvd. (Applicant: Fresh & Easy) (Case File 2011-21 CUP) (Development Services/Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Michael Brewer, representing the applicant, responded to questions. ACTION: Motion by Zarate, seconded by Rios, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Sotelo- Solis. Abstain: None. MUNICIPAL CODE 2011 (506-2-26) 13. Initiate an Amendment of Title 18 of the Municipal Code to revise and clarify various land use and development standards of the Land Use Code. (Development Services) RECOMMENDATION: Initiate the amendment. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Sotelo- Solis. Abstain: None. Book 93 / Page 267 10-04-2011 NEW BUSINESS (cont.) POLICE DEPT ADMIN (302-4-1) 14. Report on the sale and possession of a synthetic marijuana compound commonly known as `Spice or K2'. (Police) TESTIMONY: William Perno, representing People Against Spice Sales, spoke in support of an Ordinance. ACTION: Motion by Rios, seconded by Zarate, to have staff pursue an Ordinance. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Sotelo-Solis. Abstain: None. ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1) 14a. Resolution No. 2011-226. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICAION FOR GRANT FUNDS FROM THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) IN THE AMOUNT OF $800,000 FOR THE RESTORATION OF PARADISE CREEK THROUGH KIMBALL PARK. (Development Services/ Engineering) ACTION: Motion by Zarate, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Sotelo-Solis. Abstain: None. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 15 and 16 (Warrant Registers). Motion by Natividad, seconded by Zarate, to approve the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26) 15. Authorize the reimbursement of Community Development Commission expenditures in the amount of $82,976.02 to the City of National City for the period of 08/31/11 through 09/06/11. (Finance) ACTION: Approved. See above. Book 93 / Page 268 10-04-2011 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26) 16. Authorize the reimbursement of Community Development Commission expenditures in the amount of $65,530.90 to the City of National City for the period of 09/07/11 through 09/13/11. (Finance) ACTION: Approved. See above. STAFF REPORTS CITY -OWNED LAND ADMIN (1001-1-4) 17. Update of relocation of Public Works yard. (Community Services) STAFF PRESENTATION: Brad Raulston, Community Development Executive Director. (Copy on file in the Office of the City Clerk) ACTION: There was discussion regarding the various options and scenarios presented and apparent consensus to not locate vehicle maintenance near the senior towers. It was concluded additional work needs to be done and brought back to Council. No vote was taken. CLOSED SESSION REPORT (509-1-4) 18. 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') MAYOR AND CITY COUNCIL Mayor Morrison reminded everyone about the State of the City address scheduled for October 6tn City Treasurer Beauchamp reported that the selection committee reviewing financial advisor proposals has made a selection that will be presented to the City Council. City Clerk Dalla inquired if the City Council wanted the incumbent Board & Commission members requesting re -appointment to be available for interview at the next meeting and encourage the Council members to recruit additional applicants. ADJOURNMENT Motion by Natividad, seconded by Zarate, to adjourn the meeting to the next Regular City Council and Community Development Commission Meeting to be held Tuesday, October 18, 2011 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 7:50 p.m. Book 93 / Page 269 10-04-2011 City Clerk / ecc rding Secretary The foregoing minutes were approved at the Regular Meeting of October 18, 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, October 4, 2011, 5:00 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 54957.6 Agency Designated Representatives: Stacey Stevenson Employee Organization: Confidential Group 3. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City v. Nagraj, Inc. San Diego Superior Court Case No. 37-2010-00077984-CU-EI-SC 4. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City v. AI-Bayati San Diego Superior Court Case No. 37-2010-00078027 5. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City v. Puedan San Diego Superior Court Case No. 37-2010-00077983 ADJOURNMENT Next Regular City Council/CDC Meeting — Tuesday, October 4, 2011, 6:00 p.m., Council Chambers, Civic Center