HomeMy WebLinkAbout2012 02-07 CC HA SA MINBook 94 / Page 36
02-07-2012
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL /
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY /
COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY
OF THE CITY OF NATIONAL CITY
February 7, 2012
The Regular Meeting of the City Council / Successor Agency to the Community
Development Commission as the National City Redevelopment Agency /
Community Development Commission — Housing Authority of the City of National
City was called to order at 6:05 p.m. by Mayor / Chairman Ron Morrison.
ROLL CALL
Council / Board members present: Morrison, Natividad, Rios, Sotelo-Solis,
Zarate.
Administrative Officials present: Dalla, Deese, Duong, Raulston, Rodriguez,
Silva, Smith, Stevenson, Williams.
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
Cindy Gomper Graves, South County Economic Development Council, reported
on the outreach efforts of the South County EDC in National City.
Geoffrey Schrock, National City, reported on various incidents and locations of
vandalism in the city.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 1 (Minutes), Item No. 2
(NCMC), Item Nos. 3 through 6 (Resolution Nos. 2012-38 through 2012-41), Item
Nos. 7 through 9 (TUP), Item No. 10 (Report), Item Nos. 11 through 14 (Warrant
Registers). Motion by Sotelo-Solis, seconded by Natividad, to pull Item Nos. 4, 5
and 6, and to approve the remainder of the Consent Calendar. Carried by
unanimous vote.
Book 94 / Page 37
02-07-2012
CONSENT CALENDAR (cont.)
APPROVAL OF MINUTES
1. SUBJECT: Approval of the Minutes of the Adjourned Regular City
Council/Community Development Commission/Housing Authority Meeting
of January 24, 2012. (City Clerk)
ACTION: Approved.
MUNICIPAL CODE 2012 (506-2-27)
2. 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.
CONTRACT (C2012-6)
3. Resolution No. 2012-38. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SADIE
CONSTRUCTION, INC. IN THE AMOUNT OF $84,475 FOR THE
CITYWIDE BUS BENCH -SHELTER PROJECT, SPECIFICATION
NUMBER 11-05, AUTHORIZING A 10% CONTINGENCY IN THE
AMOUNT UP TO $8,447 FOR UNFORESEEN CHANGES, AND
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Funded
by Prop 1 B Funds) (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2010-2)
4. Resolution No. 2012-39. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENT NO. 2 TO THE SANDAG TRANSNET SMART
GROWTH INCENTIVE PROGRAM GRANT AGREEMENT NO. 5001347
FOR THE 8TH STREET CORRIDOR SMART GROWTH
REVITALIZATION PROJECT. (Development Services/Engineering)
ACTION: Motion by Zarate, seconded by Sotelo-Solis, to adopt the
Resolution. Carried by unanimous vote.
STUDY CITY FEE SCHEDULE (106-3-2)
5. Resolution No. 2012-40. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AMENDING THE 2008 NATIONAL CITY
FEE SCHEDULE TO INCREASE THE TICKET SIGN -OFF FEE FROM
$0 TO $10 AS A REASONABLE COST OF THE NATIONAL CITY
POLICE DEPARTMENT PERFORMING SUCH SERVICE. (Police)
ACTION: Motion by Natividad, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
Book 94 / Page 38
02-07-2012
CONSENT CALENDAR (cont.)
CONTRACT (C2012-7)
6. Resolution No. 2012-41. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND
AUTHORIZING THE PURCHASE FROM PCS MOBILE FOR THE
POLICE AND FIRE MOBILE DATA COMPUTERS (MDC) FOR AN
AMOUNT NOT TO EXCEED $220,000.00. (Administrative Services)
ACTION: Motion by Natividad, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
TEMPORARY USE PERMITS 2012 (203-1-28)
7. Temporary Use Permit — Pacifica Bayview LLC requesting an extension to
display their banner advertising at the Bayview Tower building at 801
National City Boulevard from February 8, 2012 through December 31,
2012 with no waiver of fees. (Neighborhood Services)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2012 (203-1-28)
8. Temporary Use Permit — Sweetwater Harley-Davidson Rare Breed MC
Annual Dance event at 3201 Hoover Avenue on February 10, 2012 from
8:30 p.m. to 1:30 a.m. with no waiver of fees. (Neighborhood Services)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2012 (203-1-28)
9. Temporary Use Permit — Circus Event hosted by American Crown Circus
on February 23rd, 2012 thru 27th, 2012 from 6:00 pm to 9:30 pm located at
3000 National City Blvd. with no waiver of fees. (Neighborhood Services)
ACTION: Approved. See above.
FINANCIAL MANAGEMENT 2011-2012 (204-1-27)
10. National City Sales Tax Update — Third Quarter 2011. (Finance)
ACTION: Filed. See above.
WARRANT REGISTER JULY 2011 —JUNE 2012 (202-1-26)
11. Warrant Register #25 for the period of 12/14/11 through 12/20/11 in the
amount of $26,267.52. (Finance)
ACTION: Ratified. See above
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
12. Warrant Register #26 for the period of 12/21/11 through 12/27/11 in the
amount of $839,488.72. (Finance
ACTION: Ratified. See above
Book 94/ Page 39
02-07-2012
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
13. Warrant Register #27 for the period of 12/28/11 through 01/03/12 in the
amount of $1,157,000.66. (Finance)
ACTION: Ratified. See above
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
14. Warrant Register #28 for the period of 01/04/12 through 01/10/12 in the
amount of $1,361,506.47. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS
CONDITIONAL USE PERMITS 2012 (403-27-1)
15. Continued Public Hearing — Conditional Use Permit for Public Assembly
and a Tattoo Studio at Sweetwater Harley Davidson located at 3201
Hoover Avenue. (Applicant: Anastasia Polies) (Case File 2011-28 CUP)
(Development Services/Planning) **Companion Item #18**
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission and recommends that the Conditional Use Permit be
approved, and that recommended conditions including those in the Police
Dept. Memo be incorporated into the Conditions of Approval.
TESTIMONY: Anastasia Polies, spoke in support and responded to
questions.
ACTION: Motion by Rios, seconded by Sotelo-Solis, to close the
Public Hearing. Carried by unanimous vote.
CONDITONAL USE PERMITS 2012 (403-27-1)
16. Public Hearing — Conditional Use Permit for live entertainment at McDini's
Bar/Restaurant, located at 105 East 8ih Street with a Zone Variance for
less than required parking. (Applicant: Benny Adler) (Case File 2010-33
CUP, Z) (Development Services/Planning) **Companion Item #19**
RECOMMENDATION: Staffs recommendation to Planning Commission
was to deny the Conditional Use Permit and to approve the Zone
Variance.
TESTIMONY: Richard Adler, spoke in support and responded to
questions.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to continue
the Public Hearing to February 21. Carried by unanimous vote.
Book 94 / Page 40
02-07-2012
ORDINANCE FOR ADOPTION
MUNICIPAL CODE 2012 (506-2-27)
17. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY WHICH (1) REPEALS CITY COUNCIL ORDINANCE 2011-2362
WHICH ADOPTED THE LAND USE CODE (NATIONAL CITY
MUNICIPAL CODE TITLE 18 ZONING), AND (2) ADOPTS AN
AMENDMENT OF THE LAND USE CODE (NATIONAL CITY MUNICIPAL
CODE TITLE 18 ZONING), INCLUDING THE OFFICIAL ZONING MAP
AS A COMPONENT OF THE COMPREHENSIVE LAND USE UPDATE.
(Case File No. 2011-17 GPA, ZC, SPA, IS) (Community Services)
RECOMMENDATION: Review and consider Planning Commission's
recommendations contained in Resolution 2-2012 and adopt the proposed
Ordinance.
TESTIMONY: City Clerk Dalla stated that written materials
submitted to the Mayor and Council by Hecht Solberg on behalf of
Volunteers of America are on file in the Office of the City Clerk.
ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt
the Ordinance. Carried by unanimous vote.
NON CONSENT RESOLUTIONS
CONDITONAL USE PERMITS 2012 (403-27-1)
18. Resolution No. 2012-42. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TAKING ACTION ON A CONDITIONAL
USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT
SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER
AVENUE. (Applicant: Anastasia Polies) (Case File 2011-28 CUP)
(Development Services/Planning) **Companion Item #15**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Natividad, to continue the
item to allow inclusion of six (6) additional conditions from the
Police Dept. Carried by unanimous vote.
Book 94 / Page 41
02-07-2012
NON CONSENT RESOLUTIONS (cont.)
CONDITONAL USE PERMITS 2012 (403-27-1)
19. Resolution No. 2012-43. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TAKING ACTION ON A CONDITIONAL
USE PERMIT FOR LIVE ENTERTAINMENT AT MCDINI'S
BAR/RESTAURANT LOCATED AT 105 EAST 8TH STREET WITH A
ZONE VARIANCE FOR LESS THAN REQUIRED PARKING. (Applicant:
Benny Adler) (Case File No. 2010-33 CUP, Z) (Development Services/
Planning) **Companion Item #16**
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to continue
the item to February 21. Carried by unanimous vote.
NEW BUSINESS
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
20. Request to use Martin Luther King, Jr. Community Center (North and
South Rooms) by National City Chamber of Commerce for a Job Fair on
Thursday, April 5, 2012, from 8:00 am to 2:00 pm. Applicant has
requested a waiver of fees. (Public Works)
RECOMMENDATION: Staff recommends approving the Facility Use
Application with no waiver of fees.
TESTIMONY: Jess Van Deventer, Chairman of the Chamber Board
of Directors was present to answer questions.
ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve the
request including waiver of fees except for the Custodial Fee,
Facilities Fee and Refundable Deposit. Carried by unanimous vote.
CONTRACT (C2012-8)
21. Request Council approval to negotiate a lease agreement with A Reason
to Survive (ARTS) to operate and maintain the Arts Center. (Community
Services)
RECOMMENDATION: Recommend negotiation of Lease Agreement with
ARTS.
TESTIMONY: Matt D'Arrigo, CEO of A Reason to Survive,
responded to questions.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve
staff recommendation. Carried by unanimous vote.
Book 94 / Page 42
02-07-2012
NEW BUSINESS (cont.)
MUNICIPAL CODE 2012 (506-2-27)
22. Follow up report and request for direction from City Council regarding the
initiation of a Code Amendment to reclassify auto glass use for inclusion in
the Major Mixed -Use Corridor (MXC-2) zone. (Development Services/
Planning)
RECOMMENDATION: Consider the staff report and determine if a Code
Amendment initiation is warranted.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Rios, to accept and
file. Carried by unanimous vote.
SUCCESSOR AGENCY TO THE
COMMUNITY DEVELOPMENT COMMISSION AS THE
NATIONAL CITY REDEVELOPMENT AGENCY
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 23 (Resolution No. 2012-1),
Item Nos. 24 through 26 (Warrant Registers). Motion by Natividad, seconded by
Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote.
SUCCESSOR AGENCY (406-10-10)
23. Resolution No. 2012-1. RESOLUTION OF THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE
REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT OF
MONIES IN THE LOCAL AGENCY INVESTMENT FUND. (Finance)
ACTION: Adopted. See above.
SUCCESSOR AGENCY (406-10-10)
24. Authorize the reimbursement of Successor Agency to the Community
Development Commission as the National City Redevelopment Agency
expenditures in the amount of $71,527.26 to the City of National City for
the period of 12/21/11 through 12/27/11. (Finance)
ACTION: Approved. See above.
SUCCESSOR AGENCY (406-10-10)
25. Authorize the reimbursement of Successor Agency to the Community
Development Commission as the National City Redevelopment Agency
Community Development Commission expenditures in the amount of
$15,054.72 to the City of National City for the period of 12/28/11 through
01/03/12. (Finance)
ACTION: Approved. See above.
Book 94 / Page 43
02-07-2012
CONSENT CALENDAR (cont.)
SUCCESSOR AGENCY (406-10-10)
26. Authorize the reimbursement of Successor Agency to the Community
Development Commission as the National City Redevelopment Agency
Community Development Commission expenditures in the amount of
$68,225.21 to the City of National City for a period of 01/04/12 through
01/10/12. (Finance)
ACTION: Approved. See above.
STAFF REPORTS
None.
SUCCESSOR AGENCY (406-10-10)
27. 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 Attorney Claudia Silva introduced new Deputy City Attorney Jennifer Knight.
MAYOR AND CITY COUNCIL
Member Natividad reported that he will be setting up a meeting with the owner of
Stoney's Restaurant regarding a recent incident that occurred there.
Vice Mayor Sotelo-Solis thanked the student representatives for their
participation in the meeting, spoke of the recent Law Enforcement Awards
program and the opportunity to say thank you and spoke of possible
collaboration between the City and the Council on Literacy's Rolling Reading
Program.
Member Zarate reported on the SANDAG Retreat held at Barona and the very
inspirational presentation made by Mr. Miles McPherson.
Mayor Morrison also reported on the SANDAG Retreat, the governmental and
regional issues discussed as well as the universally positive response received
for the selection of Leslie Deese as City Manager.
City Treasurer Beauchamp expressed concerns about the transit oriented
development on the Westside, complimented the steps taken for the Arts Center
and reported on problems moving goods across the international border that are
negatively impacting National City.
Book 94 / Page 44
02-07-2012
ADJOURNMENT
The meeting was adjourned in memory of Jesus Jessie Reyes.
Motion by Zarate, seconded by Sotelo-Solis, to adjourn the meeting to the next
Regular Meeting of the City Council / Successor Agency to the Community
Development Commission as the National City Redevelopment Agency /
Community Development Commission — Housing Authority of the City of National
City to be held Tuesday, February 21, 2012 at 6:00 p.m. at the Council
Chambers, National City, California. Carried by unanimous vote.
The meeting closed at 7:45 p.m.
City Clerk / ecretary
The foregoing minutes were approved at the Regular Meeting of February 21,
2012.
Mayor / Chairman
EXHIBIT `L'
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
AND
SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT COMMISSION AS
THE NATIONAL CITY REDEVELOPMENT AGENCY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting — Tuesday, February 7, 2012 — 5:00 p.m.
ROLL CALL
CLOSED SESSION
CITY COUNCIL
1. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Community Youth Athletic Center v. City of National City, CDC, et al.
SD Superior Court Case No. 37-2007-00076404-CU-EI-CTL
Court of Appeal Case No. D060001
2. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Victor Nunez, CYAC v. City of National City, National City Planning Commission, et al.
San Diego County Superior Court Case No. 37-2011-00078086-CU-MC-SC
3. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
People of the State of California v. Ben Adler, et al.
San Diego County Superior Court Case No. 37-2010-0092488-CU-MC-CTL
4. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
One Potential Case
Agenda of a Special Meeting
February 7, 2012
Page Two
CLOSED SESSION (cont.)
SUCCESSOR AGENCY
1. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Community Youth Athletic Center v. City of National City, CDC, et al.
SD Superior Court Case No. 37-2007-00076404-CU-EI-CTL
Court of Appeal Case No. D060001
ADJOURNMENT
Next Regular Meeting of the City Council / Successor Agency to the Community
Development Commission as the National City Redevelopment Agency / Community
Development Commission — Housing Authority of the City of National City — Tuesday,
February 7, 2012, 6:00 p.m., Council Chambers, Civic Center