HomeMy WebLinkAbout2011 11-01 CC CDC MINBook 93 / Page 280
11-01-2011
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
November 1, 2011
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:06 p.m. by Mayor /
Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Natividad, Rios, Sotelo-Solis.
Council / Commission members absent: Zarate.
Administrative Officials present: Babaki, Dalla, Deese, Gonzales, Norrdin, Parra,
Raulston, Silva, Smith, Stevenson, Williams, Zapata.
Others present: City Treasurer Mitch Beauchamp and Student Representatives
Aileen Horta and Leemaylin Avila.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 1 (NCMC), Item Nos. 2 and 3
(Resolution Nos. 2011-235 and 2011-236), Item Nos. 4 and 5 (TUP), Item Nos. 6
and 7 (Warrant Registers). Motion by Sotelo-Solis, seconded by Natividad, to
pull Item No. 4 and to approve the remainder of the Consent Calendar. Carried
by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Sotelo-Solis. Nays:
None. Absent: Zarate. Abstain: None.
MUNICIPAL CODE 2011 (506-2-26)
1. 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.
Book 93 / Page 281
11-01-2011
CONSENT CALENDAR (cont.)
2011 TAX ALLOCATION BOND FUNDS (207-1-2)
2. Resolution No. 2011-235. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION
OF 2011 TAX ALLOCATION BOND FUNDS IN THE AMOUNT OF
$11,610 FOR THE PREPARATION OF AN APPLICATION BY KIMLEY-
HORN AND ASSOCIATES, INC., FOR PROPOSITION 84 — URBAN
GREENING GRANT PROGRAM FUNDS IN THE AMOUNT OF $700,000
WITH A $125,000 MATCH, FOR THE HOOVER AVENUE PARK
ELEMENT OF THE PARADISE CREEK ENHANCEMENT PROJECT.
(Development Services/Engineering Division)
ACTION: Adopted. See above.
CONTRACT (C2011-53)
3. Resolution No. 2011-236. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BLACK
ROCK CONSTRUCTION COMPANY IN THE AMOUNT NOT -TO -
EXCEED $145,797.50, INCLUSIVE OF CHANGE ORDER 1 IN THE
AMOUNT OF $56,000 AND AUTHORIZE A 10% CONTINGENCY IN THE
AMOUNT OF $14,579 FOR ANY UNFORESEEN CHANGES TO THE
PROJECT FOR THE NATIONAL CITY CONCRETE IMPROVEMENTS
PROJECT, SPECIFICATION 11-06. (Funded CDBG & CDBG-R funds)
(Development Services/Engineering Division)
ACTION: Adopted. See above.
TEMPORARY USE PERMITS 2011 (203-1-27)
4. Temporary Use Permit — Sweetwater Harley Davidson `Birthday Party for
Janice Castillo" at 3201 Hoover Avenue on November 4, 2011 from 8:00
p.m. to 1:30 a.m. with no waiver of fees. (Neighborhood Services)
ACTION: Motion by Natividad, seconded by Sotelo-Solis, to
approve the application for a Temporary Use Permit. Carried by
the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Sotelo-
Solis. Nays: None. Absent: Zarate. Abstain: None.
TEMPORARY USE PERMITS 2011 (203-1-27)
5. Temporary Use Permit — Christmas Tree Lighting hosted by the
Community Services Department on December 8, 2011 from 5:00 pm to
8:00 pm at Morgan Square, between "A" Avenue and National City
Boulevard. This is a City sponsored event under Policy No. 804.
(Neighborhood Services)
ACTION: Approved. See above.
Book 93 / Page 282
11-01-2011
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2011 —JUNE 2012 (202-1-26)
6. Warrant Register #14 for the period of 09/28/11 through 10/04/11 in the
amount of $1,403,885.57. (Finance)
ACTION: Ratified. See above
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
7. Warrant Register #15 for the period of 10/05/11 through 10/11/11 in the
amount of $385,137.74. (Finance)
ACTION: Ratified. See above
PUBLIC HEARINGS
MUNICIPAL CODE 2011 (506-2-26)
8. Public Hearing to consider an Ordinance amending Title 18 (Zoning) of the
National City Municipal Code by amending Section 18.29.070 pertaining to
the Floodway Overlay Zones. (Applicant: City Initiated) (Case File 2011-
25 A) (Development Services/Planning) **Companion Item #10**
RECOMMENDATION: Staff concurs with the Planning Commission's
recommendation to adopt the Amendments to Title 18.29 of the Municipal
Code pertaining to Overlay Zones.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Natividad, to close
the Public Hearing. Carried by the following vote, to -wit: Ayes:
Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent:
Zarate. Abstain: None.
STREET VACATION ADMIN 2011 — 2020 (902-26-6)
9. Public Hearing — Street Vacation vacating a portion of D Avenue, south of
31st Street, and a portion of 32nd Street, east of D Avenue to allow
construction of the 165,000 square -foot Gateway project. (Applicant:
Sudberry Properties, Inc.) (Case File No. 2008-37 SC) (Development
Services/Planning)
RECOMMENDATION: Staff recommends continuing of the Public Hearing
to November 15, 2011.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Sotelo-Solis, to
continue the Public Hearing to November 15, 2011. Carried by the
following vote, to -wit: Ayes: Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None. Absent: Zarate. Abstain: None.
Book 93 / Page 283
11-01-2011
ORDINANCE FOR INTRODUCTION
MUNICIPAL CODE 2011 (506-2-26)
10. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY
MUNICIPAL CODE BY AMENDING SECTION 18.29.070 PERTAINING
TO THE FLOODWAY OVERLAY ZONES. (Applicant: City Initiated)
(Case File 2011-25 A) (Development Services/Planning) **Companion
Item #8**
ORDINANCE FOR ADOPTION
MUNICIPAL CODE 2011 (506-2-26)
11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING SECTION 1.40.010 OF THE NATIONAL CITY
MUNICIPAL CODE REGARDING CLAIMS FOR MONEY, DAMAGES OR
REFUNDS OF MONEY. (City Attorney)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the
Ordinance. Carried by the following vote, to -wit: Ayes: Morrison,
Natividad, Rios, Sotelo-Solis. Nays: None. Absent: Zarate.
Abstain: None.
NON CONSENT RESOLUTION
LAND USE PLANNING / MITIGATION (405-10-4)
12. Resolution No. 2011-237. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY CERTIFYING A MITIGATED NEGATIVE
DECLARATION AND ADOPTING A MITIGATION MONITORING &
REPORTING PROGRAM FOR THE 165,000 SQUARE -FOOT GATEWAY
PROJECT. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-
37-IS) (Development Services/Planning)
RECOMMENDATION: Staff recommends adopting the Resolution
certifying the Mitigated Negative Declaration (MND) and adopting the
Mitigation Monitoring & Reporting Program (MMRP).
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt
the Resolution. Carried by the following vote, to -wit: Ayes:
Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent:
Zarate. Abstain: None.
Book 93 / Page 284
11-01-2011
NEW BUSINESS
CONDITIONAL USE PERMITS 2011 (403-26-1)
13. Notice of Decision — Planning Commission approval of a Conditional Use
Permit and Minor Use Permit for construction of the 165,000 square -foot
Gateway project, and zone variance for less than required parking.
(Applicant: Sudberry Development, Inc.) (Case File 2008-37 CUP, MUP,
Z) (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 Sotelo-Solis, seconded by Rios, to approve
staff recommendation. Carried by the following vote, to -wit: Ayes:
Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent:
Zarate. Abstain: None.
CONDITIONAL USE PERMITS 2011 (403-26-1)
14. Notice of Decision — Planning Commission approval of a Conditional Use
Permit for the construction of a food mart with accessory beer and wine
sales at an existing Shell gas station at 1601 East 8th Street. (Applicant:
Vintners Distribution, Inc.) (Case File 2011-03 CUP) (Development
Services/Planning)
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission and recommends that the Notice of Decision be filed.
TESTIMONY: Arron Boyle appeared on behalf of the applicant and
responded to questions.
ACTION: Motion by Natividad, seconded by Sotelo-Solis, to set for
Public Hearing on November 15, 2011. Carried by the following
vote, to -wit: Ayes: Morrison, Natividad, Rios, Sotelo-Solis. Nays:
None. Absent: Zarate. Abstain: None.
FINANCIAL MANAGEMENT 2011 — 2012 (204-1-27)
15. City Council approval of the Investment Management Committee
recommendation to select Chandler Asset Management to provide
Investment Management Services for the City of National City. (City
Manager)
STAFF PRESENTATION: Assistant City Manager Leslie Deese. (Copy
on file in the Office of the City Clerk)
RECOMMENDATION: The Committee recommends the City Council
approve the selection of Chandler Asset Management for Investment
Management Services.
TESTIMONY: None.
Book 93 / Page 285
11-01-2011
NEW BUSINESS (cont.)
FINANCIAL MANAGEMENT 2011 — 2012 (204-1-27)
15. City Council approval of the Investment Management Committee
recommendation to select Chandler Asset Management (continued).
ACTION: Motion by Natividad, seconded by Rios, to approve staff
recommendation. Carried by the following vote, to -wit: Ayes:
Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent:
Zarate. Abstain: None.
FINANCIAL MANAGEMENT 2011 — 2012 (204-1-27)
16. City Council approval for the City of National City to participate in the
County of San Diego Investment Pool. (City Manager)
RECOMMENDATION: The Committee recommends that the City Council
approve the City's participation in the County Pool for National City's
short-term cash flow needs.
TESTIMONY: County Treasurer Dan McAllister appeared and
responded to questions.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve
staff recommendation. Carried by the following vote, to -wit: Ayes:
Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent:
Zarate. Abstain: None.
CS PROGRAMS / EVENTS / ACTIVITIES (702-2-1)
17. National City's 125th Year Celebration. (City Manager)
RECOMMENDATION: Considering current events and scarce funding,
provide staff direction on stakeholders, resources, and coordination of
potential event(s).
ACTION: There was general discussion about the 125th
Anniversary Celebration event and how best to proceed.
Consensus was that the Mayor and Vice Mayor would be part of a
committee appointed by the Mayor to establish a framework for the
event, the City Manager would identify a staff liaison, consideration
be given to having a public relations resource and the committee
report out to the City Council. There was no vote.
COUNCIL POLICY MANUAL (102-13-1)
18. City Council Policy Manual Review Request. (City Manager)
RECOMMENDATION: Provide direction to staff regarding review of the
Policy Manual, the scope of review, and the approximate time frame
desired to complete the review.
ACTION: Consensus was to have staff review the outdated
portions of the manual and to identify the more complicated
portions in need of update and to return in 60 to 90 days. There
was no vote.
Book 93 / Page 286
11-01-2011
NEW BUSINESS (cont.)
POLICE DEPT ADMIN (302-4-1)
19. Presentation to the City Council on Crime/Cold Case Update. (Police)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 20 and 21 (Warrant
Registers). Motion by Natividad, seconded by Rios, to approve the Consent
Calendar. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios,
Sotelo-Solis. Nays: None. Absent: Zarate. Abstain: None.
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
20. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $49,416.64 to the City of National City for
the period of 09/28/11 through 10/04/11. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
21. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $4,880.03 to the City of National City for the
period of 10/05/11 through 10/11/11. (Finance)
ACTION: Approved. See above.
STAFF REPORTS
CITY MANAGER / REPORTS ADMIN (1104-1-12)
22. Staff Report — Update on AB-X-27 — Redevelopment Appeal. (City
Manager)
Assistant City Manager Leslie Deese reported on the outcome of the
City's appeal of the State's assessment under provisions of AB-X-27 as
well as the current status of the court case challenging AB-X-27. As a
result of the appeal, National City's assessment was reduced by a total of
$6.5 million.
ENGINEERING DEPT— GRANTS / REPORTS ADMIN (1104-1-1)
23. Staff Report — $500,000 Federal Safe Routes to School Grant Award.
(Development Services/Engineering Division)
Book 93 / Page 287
11-01-2011
STAFF REPORTS (cont.)
CLOSED SESSION REPORT (509-1-4)
24. Closed Session Report. (City Attorney)
City Council / CDC Attorney Claudia Silva stated that the City Council, in
Closed Session "decided to initiate litigation in one case and that once that
matter is formally commenced, upon inquiry, we shall disclose information
unless to do so would jeopardize service of process or existing settlement
negotiations. (See attached Exhibit 'L')
MAYOR AND CITY COUNCIL
Student Council representative Aileen Horta thanked everyone who attended
Sweetwater's homecoming assembly and game.
Member Natividad requested updates on the Homeless Grant Project.
Vice Mayor Sotelo-Solis reported on her visit to Susie's Farm in the Tijuana
estuary and possibility of National City becoming a drop-off for Community
Supported Agricultural (CSA) produce and announced that the Community Law
Project and UCSD has invited City Attorney Claudia Silva to be the keynote
speaker at their 10th Anniversary Celebration.
Member Rios reported on her participation with the Police Department and low
riders to deliver school supplies, attendance at CERT management training, a
senior citizen costume contest and a tour of EDCO facilities. Member Rios
reminded everyone about the free clean up day on Saturday.
Mayor Morrison spoke about the very successful Tower of Terror Halloween
event and the participation of staff and volunteers. He also presented a check to
the City Manager from the Regional Solid Waste Association in the amount of
$15,385.
City Treasurer Beauchamp mentioned the possibility of incorporating the four
pipe organs in the City and the Rail Road Depot and Museum in the 125th
Anniversary Celebration.
ADJOURNMENT
Motion by Rios, seconded by Sotelo-Solis, to adjourn the meeting to the next
Regular City Council and Community Development Commission Meeting to be
held Tuesday, November 15, 2011 at 6:00 p.m. at the Council Chambers,
National City, California. Carried by the following vote, to -wit: Ayes: Morrison,
Natividad, Rios, Sotelo-Solis. Nays: None. Absent: Zarate. Abstain: None.
The meeting closed at 8:51 p.m.
Book 93 / Page 288
11-01-2011
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CityClerk / RecrdingSecretary
rY
The foregoing minutes were approved at the Regular Meeting of December 6,
2011.
Mayor / CDC Chairman
Please see attached Modified City Council Meeting Schedule
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NATIoNAL CITY
;scriptls
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
NOTICE OF MODIFIED
CITY COUNCIL MEETING SCHEDULE
Please be advised that the City Council has adopted
the following modified meeting schedule for
December 2011 and January 2012.
2011
December 6
2012
January 10
January 24
Meeting — 6:00 p.m.
Meeting — 6:00 p.m.
Meeting — 6:00 p.m.
Beginning in February 2012, the normal City Council
Meeting Schedule (the first and third Tuesday of the
month) will resume.
EXHIBIT `L'
40. CALIFORNIA •-.0-
NamNAL car
'- INCORPORA'[$D
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 1, 2011 — 4:30 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 Representative
Employee Organization: Confidential Group
3. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(c)
One Potential Case
4. Public Employment — Government Code Section 54957
Title: City Manager
ADJOURNMENT
Next Regular City Council / CDC Meeting — Tuesday, November 1, 2011, 6:00 p.m.,
Council Chambers, Civic Center