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HomeMy WebLinkAbout2012 03-20 CC MINBook 94 / Page 65 03-20-2012 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY March 20, 2012 The Regular Meeting of the City Council of the City of National City was called to order at 6:12 p.m. by Mayor Ron Morrison. ROLL CALL Council members present: Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Norrdin, Parra, 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 Geoffrey Schrock, National City, thanked the City Council and Member Natividad for their support of the Lions Club eye glass program. CITY COUNCIL PROCLAMATION PROCLAMATION ADMIN (102-2-1) 1. Proclaiming Tuesday, March 27, 2012 as: EDCO'S 45TH ANNIVERSARY DAY PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. Employee of the Month of March, 2012 — Wayne Stewart, Custodian — Public Works Book 94 / Page 66 03-20-2012 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2012 (102-10-7) BLOCK GRANT PROGRAM ADMIN 2012-2013 (406-1-27) 3. Applicant Presentations for 2012-2013 HOME Investment Partnerships Program Funding. (Administrative Services, Housing and Grants) **Companion Item #20** TESTIMONY: Ellen Immergut, spoke on behalf of Habitat for Humanity. Bea Sodano, spoke on behalf of Community Housing Works. Alfredo Ybarra, National City Housing & Grants Division Manager, spoke in support of the Owner Occupied Rehabilitation Program. Mary Jane Jagodzinski, presented on behalf of Community Housing Works. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (Minutes), Item Nos. 5 through 14 (Resolution Nos. 2012-63 through 2012-72), Item Nos. 15 through 17 (TUP), Item Nos. 18 and 19 (Warrant Registers). Motion by Natividad, seconded by Rios, to pull Item Nos. 6, 10 and 15 and to approve the remainder of the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 4. SUBJECT: Approval of the Minutes of the Regular 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 of February 21, 2012. (City Clerk) ACTION: Approved. See above. CONTRACT (C2012-12) 5. Resolution No. 2012-63. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING IN THE AMOUNT NOT -TO -EXCEED $187,212.90 AND AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $18,721 FOR ANY UNFORESEEN CHANGES TO THE PROJECT FOR THE NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, SPECIFICATION 11-07. (Funded CDBG & Gas Tax) (Development Services/Engineering) ACTION: Adopted. See above. Book 94 / Page 67 03-20-2012 CONSENT CALENDAR (cont.) CONTRACT (C2011-23) 6. Resolution No. 2012-64. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH SAFDIE RABINES ARCHITECTS FOR ARCHITECTURAL SERVICES TO DESIGN THE NATIONAL CITY AQUATIC CENTER IN THE NOT -TO -EXCEED AMOUNT OF $61,853 [2011 TAX ALLOCATIONS BONDS (CAPITAL)]. (Engineering) ACTION: Motion by Rios, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2004-51) 7. Resolution No. 2012-65. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC., IN THE AMOUNT OF $32,824 FOR FISCAL YEAR 2011-2012 AND $30,153 PER FISCAL YEAR 2012-2013 AND 2013-2014 TO PROVIDE ASSISTANCE WITH IMPLEMENTATION OF THE STATE MANDATED FATS, OILS AND GREASE (FOG) PROGRAM. (Funded by Sewer Fund) (Engineering) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2011-2012 (204-1-27) 8. Resolution No. 2012-66. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION OF FUNDING FROM UN -APPROPRIATED SEWER FUND BALANCE IN THE AMOUNT OF $459,517 TO COVER SHORTAGE OF THE ORIGINAL APPROPRIATION NEEDED TO COVER THE BID AMOUNT AND TO PROVIDE FOR A CONTINGENCY OF 25% FOR ANY UNFORESEEN CHANGES FOR THE 8TH STREET SEWER PROJECT. (Funded by Sewer Fund) (Engineering) **Companion Item #9** ACTION: Adopted. See above. CONTRACT (C2012-13) 9. Resolution No. 2012-67. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BASILE CONSTRUCTION, INC. IN THE NOT -TO -EXCEED AMOUNT OF $2,386,365.49 AND AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $596,591 FOR ANY UNFORESEEN CHANGES TO THE PROJECT FOR THE 8TH STREET UTILITY UNDERGROUNDING AND SEWER REPLACEMENT PROJECT, SPECIFICATION 11-04. (Funded by Sewer Fund and Reimbursable General Fund (20A Conversion) (Development Services/Engineering) **Companion Item #8** ACTION: Adopted. See above. Book 94 / Page 68 03-20-2012 CONSENT CALENDAR (cont.) CONTRACT (C2009-92) 10. Resolution No. 2012-68. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $55,850 WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE DOMESTIC VIOLENCE RESPONSE SERVICES FOR THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY (CAL-EMA) GRANT FUNDED CHILDREN EXPOSED TO DOMESTIC VIOLENCE SPECIALIZED RESPONSE PROGRAM. (Police) ACTION: Motion by Zarate, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2012-14) 11. Resolution No. 2012-69. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING CITY COUNCIL TO WAIVE THE FORMAL BID PROCESS AND AWARD THE PURCHASE OF ONE FORD CROWN VICTORIA TO DOWNTOWN FORD SALES IN SACRAMENTO, CALIFORNIA IN THE AMOUNT OF $26,432.14 FOR THE POLICE DEPARTMENT. (Finance) ACTION: Adopted. See above. CONTRACT (C2005-21) 12. Resolution No. 2012-70. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR TWO FORD FUSION VEHICLES AND ONE FORD E350 ECONOLINE VAN FROM RACEWAY FORD IN RIVERSIDE, CALIFORNIA IN THE AMOUNT OF $67,803,89 FOR THE POLICE DEPARTMENT. (Finance) ACTION: Adopted. See above. CONTRACT (C2012-15) 13. Resolution No. 2012-71. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR ONE CHEVROLET TAHOE FROM COURTESY CHEVROLET IN SAN DIEGO, CALIFORNIA IN THE AMOUNT OF $30,934.01 FOR THE POLICE DEPARTMENT. (Finance) ACTION: Adopted. See above. Book 94 / Page 69 03-20-2012 CONSENT CALENDAR (cont.) LABOR RELATIONS FFA MOU 2011-2013 (605-6-10) 14. Resolution No. 2012-72. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION AMENDING THE AGREEMENT TO INCREASE BY $5.00 PER MONTH, THE RETIREE HEALTH BENEFIT FOR ELIGIBLE MEMBERS OF THE FIREFIGHTERS' ASSOCIATION RETIRING ON OR AFTER JULY 1, 2011. (Human Resources) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2012 (203-1-28) 15. Temporary Use Permit — Integrity Charter School's Physical Education program at Kimball Park Mondays, Wednesdays and Thursdays commencing March 21, 2012 through December 14, 2012 with no waiver of fees. (Neighborhood Services Division) ACTION: Motion by Natividad, seconded by Sotelo-Solis, to approve the Temporary Use Permit. Carried by unanimous vote. TEMPORARY USE PERMITS 2012 (203-1-28) 16. Temporary Use Permit — The Leukemia & Lymphoma Society's Ragner Relay SoCal 2012 running race through National City on April 21, 2012 from 9 a.m. through 8 p.m. with no waiver of fees. (Neighborhood Services Division) ACTION: Approved. See above. TEMPORARY USE PERMITS 2012 (203-1-28) 17. Temporary Use Permit — Cinco de Mayo Celebrating Our Communities hosted by La Maestra Community Health Center on May 5, 2012 from 11:00 a.m. to 5:00 p.m. at Kimball Park with no waiver of fees. (Neighborhood Services Division) ACTION: Approved. See above. Motion by Natividad, second by Sotelo-Solis, to reconsider. Carried by unanimous vote. TESTIMONY: Jacqueline Reynoso, CEO of the Chamber of Commerce, requested that consideration be given to adding the event as a City Sponsored event next year. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to approve the TUP. Carried by unanimous vote. Book 94 / Page 70 03-20-2012 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26) 18. Warrant Register #34 for the period of 02/15/12 through 2/21/12 in the amount of $2,510,998.87. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26) 19. Warrant Register #35 for the period of 02/22/12 through 02/28/12 in the amount of $668,819.30. (Finance) ACTION: Ratified. See above. Council Member Rios disclosed that she had a potential conflict with one of the items to be considered during the Block Grant Public Hearing and on the advice of the City Attorney, she would abstain from participating during consideration of the Public Service programs requests (Items Nos. 1 through 12). Member Rios left the Council Chambers at 7:23 p.m. PUBLIC HEARINGS BLOCK GRANT PROGRAM ADMIN 2012-2013 (406-1-27) 20. Public Hearing No. 1 of 2 on the allocation of U.S. Department of Housing and Urban Development (HUD) 2012 entitlement grant awards, program income, and funds remaining from completed projects to the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities for the 2012-2013 Action Plan. (Administrative Services, Housing and Grants) **Companion Item #3** RECOMMENDATION: Conduct the Public Hearing and make recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement. TESTIMONY: None. ACTION: Individual funding requests were considered by category. Funding allocation recommendations and rankings were made for Public Service Programs. Estimated funding available for the category is $196,579.06. Item No. 1 City - Community Services / Youth At Risk Afterschool Teen Program ACTION: Motion by Natividad, seconded by Sotelo-Solis, for full funding of $20,000. Carried by unanimous vote. Book 94 / Page 71 03-20-2012 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2012-2013 (406-1-26) 20. Public Hearing for the Fiscal Year 2012-2013 Action Plan (continued). Item No. 2 City - Neighborhood Services / Homeless Assistance Program ACTION: Motion by Natividad, seconded by Sotelo-Solis, for $35,000. Second was withdrawn. Motion died for lack of a second. Motion by Sotelo-Solis, seconded by Zarate, for full funding of $61,182. Carried by unanimous vote. In an effort to stay within the maximum funding parameters allowed for Public Service programs, the following actions were taken later in the meeting. Motion by Sotelo-Solis, seconded by Natividad, to reduce the amount approved by $26,795.94. Carried by unanimous vote. Item No. 3 Community Food Bank of National City / Hunger, Assistance Program ACTION: No action taken Item No. 4 City - Community Services / Learn to Swim ACTION: Motion by Sotelo-Solis, seconded by Morrison, for full funding of $32,856. Carried by unanimous vote. Item No. 5 City - Public Library / Literacy Services ACTION: Motion by Zarate, seconded by Natividad, for full funding of $52,000. Carried by unanimous vote. Item No. 6 Meals on Wheels of Greater San Diego / Meals on Wheels National City ACTION: No action taken. Item No. 7 South Bay Community Services / Police Department Support Services — Juvenile Diversion ACTION: Motion by Sotelo-Solis, seconded by Zarate, for full funding of $20,000. Carried by unanimous vote. Item No. 8 City — Fire Department / Public Access Defibrillator Program ACTION: Motion by Natividad, seconded by Zarate, for $15,000. Motion failed by the following vote, to -wit: Ayes: Natividad, Zarate. Nays: Morrison, Sotelo-Solis. Motion by Zarate, seconded by Natividad, for $14,785.00. Motion failed by the following vote, to -wit: Ayes: Natividad, Zarate. Nays: Morrison, Sotelo-Solis. Book 94 / Page 72 03-20-2012 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2012-2013 (406-1-26) 20. Public Hearing for the Fiscal Year 2012-2013 Action Plan (continued). Item No. 9 Council of Philippine American Organizations / "Seniors and Friends" or SAFFRON Project ACTION: No action taken. Item No. 10 Burn Institute / Smoke Alarm Program ACTION: Motion by Natividad for $6,000. Motion died for lack of a second. Motion by Zarate, seconded by Natividad, for $8,530.80. Motion failed by the following vote, to -wit: Ayes: Natividad, Zarate. Nays: Morrison, Sotelo-Solis. Item No. 11 City - Community Services / Tiny Tots ACTION: Motion by Natividad for $30,000. Motion died for lack of a second. Motion by Zarate, seconded by Sotelo-Solis, for full funding of $29,337. Carried by unanimous vote. Item No. 12 Trauma Intervention Program / Trauma Intervention Team ACTION: Motion by Zarate, seconded by Sotelo-Solis, for full funding of $8,000. Carried by the following vote, to -wit: Ayes: Morrison, Rios, Sotelo- Solis, Zarate. Nays: Natividad. A recess was called at 7:47 p.m. The meeting reconvened at 7:59 p.m. Members present: Morrison, Natividad, Rios, Sotelo-Solis, Zarate. The next category considered for funding was CDBG Non -Public Services. Estimated funding available for the category is $481,860.62. Item No. 13 City — Neighborhood Services Department / Housing Inspection Program ACTION: Motion by Rios, seconded by Natividad, for full funding of $120,055.00. Carried by unanimous vote. Item No. 14 City - Neighborhood Services / Neighborhood Preservation ACTION: Motion by Rios, seconded by Sotelo-Solis, for full funding of $113,745.00. Carried by the following vote, to -wit: Ayes: Morrison, Rios, Sotelo-Solis, Zarate. Nays: Natividad. Book 94 / Page 73 03-20-2012 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2012-2013 (406-1-26) 20. Public Hearing for the Fiscal Year 2012-2013 Action Plan (continued). Item No. 15 San Diego Habitat for Humanity/ Rehabilitation Projects for Affordable Homeownership ACTION: No action taken. This item request was considered under the HOME Program Funding category. Item No. 16 City - Development Services / ADA Park Improvements ACTION: Motion by Rios for $48,060.62. Motion died for lack of a second. Motion by Natividad for $150,000. Motion died for lack of a second. Motion by Rios, seconded by Natividad, for $148,060.62. Motion failed by the following vote, to -wit: Ayes: Natividad, Rios. Nays: Morrison, Sotelo- Solis, Zarate. Item No. 17 La Maestra Family Clinic / National City Dental Clinic ACTION: Motion by Natividad, seconded by Sotelo-Solis, for full funding of $27,403.70. Carried by the following vote, to -wit: Ayes: Rios, Sotelo- Solis, Natividad, Zarate. Nays: Morrison. Item No. 18 Operation Samahan / Samahan-Granger School Based Health Center ACTION: Motion by Sotelo-Solis, for full funding of $80,000. Motion died for lack of a second. Item No. 19 City - Development Services / Concrete Improvements to Upgrade Pedestrian Ramps, Sidewalk, Curb and Gutter ACTION: Motion by Zarate, seconded by Sotelo-Solis, for full funding of $300,000. Carried by unanimous vote. In an effort to stay within the maximum funding parameters allowed, the following action was taken later in the meeting. Motion by Sotelo-Solis, seconded by Natividad, to reduce the funding to $220,656.92. Carried by the following vote, to -wit: Ayes: Rios, Sotelo-Solis, Natividad, Zarate. Nays: Morrison. Item No. 20 City - Development Services / Pedestrian Safety and Accessibility Enhancements on Euclid Avenue ACTION: Motion by Rios, seconded by Zarate, for full funding of $100,000. Motion failed by the following vote, to -wit: Ayes: Rios, Zarate. Nays: Morrison, Natividad, Sotelo-Solis. Book 94 / Page 74 03-20-2012 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2012-2013 (406-1-26) 20. Public Hearing for the Fiscal Year 2012-2013 Action Plan (continued). Item No. 21 City - Development Services / Storm Drain Improvements ACTION: Motion by Natividad, seconded by Morrison, for $150,000. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Zarate. Nays: Sotelo-Solis. In an effort to stay within the maximum funding parameters allowed, the following actions were taken later in the meeting. Motion by Sotelo-Solis, seconded by Natividad, to reduce the funding to $0. Carried by the following vote, to -wit: Ayes: Rios, Sotelo-Solis, Natividad, Zarate. Nays: Morrison. The next category considered was CDBG Program Planning and Administration for FY 2011-2012. The estimated entitlement is $262,105.41. Item No. 24 City - Community Services / Neighborhood Council Program ACTION: Motion by Sotelo-Solis, seconded by Natividad, for full funding of $15,000. Carried by unanimous vote. Item No. N/A City - Community Development / CDBG Program Administration ACTION: Motion by Sotelo-Solis, seconded by Natividad, for full funding of $209,105.41. Carried by unanimous vote. Item No. 25 Fair Housing Council of San Diego / Fair Housing & Tenant - Landlord Education Services ACTION: Motion by Sotelo-Solis, seconded by Natividad, for full funding of $38,000. Carried by unanimous vote. The next category considered was the FY 2012-2013 HOME Investment Partnerships (HOME) Program with an estimated Entitlement of $3,388,713.06. Item No. 26 San Diego Habitat for Humanity/ Rehabilitation Projects for Affordable Homeownership ACTION: Motion by Zarate, seconded by Sotelo-Solis, for full funding of $650,000. Carried by unanimous vote. Book 94 / Page 75 03-20-2012 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2012-2013 (406-1-26) 20. Public Hearing for the Fiscal Year 2012-2013 Action Plan (continued). Item No. 27 Community Housing Works / Homebuyer's Down payment Assistance Program ACTION: Motion by Zarate, seconded by Sotelo-Solis, for full funding of $200,000. Carried by unanimous vote. Item No. 28 City - Housing and Grants / Owner -Occupied Rehabilitation Program ACTION: Motion by Zarate, seconded by Sotelo-Solis, for full funding of $290,049.01. Carried by unanimous vote. Item No. 29 Paradise Creek Housing Partners, L.P., Community Housing Works / Redevelopment Loan for the West Side Transit Oriented Development Project ACTION: Motion by Zarate, seconded by Sotelo-Solis, for full funding of $2,000,000. Carried by unanimous vote. Item No. N/A City - Community Development / Program Administration ACTION: Motion by Zarate, seconded by Sotelo-Solis, for full funding of $248,664.05. Carried by unanimous vote. ACTION: Motion by Zarate, seconded by Sotelo-Solis, to approve the action taken on Item Nos. 1 through 12. Carried by the following vote, to - wit: Ayes: Morrison, Natividad, Sotelo-Solis, Zarate. Nays: None. Abstain: Rios. ACTION: Motion by Zarate, seconded by Sotelo-Solis, to approve the action taken on Item Nos. 13 through 29. Carried by unanimous vote. CONDITIONAL USE PERMITS 2012 (403-27-1) 21. Public Hearing — Conditional Use Permit for the sale of beer and wine at a proposed Wingstop restaurant at 932 Highland Avenue. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) (Planning) **Companion Item #23** RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved. TESTIMONY: Roger Comar appeared on behalf of the applicant and spoke in support. Book 94 / Page 76 03-20-2012 PUBLIC HEARINGS (cont.) CONDITIONAL USE PERMITS 2012 (403-27-1) 21. Public Hearing — Conditional Use Permit (continued). ACTION: Motion by Sotelo-Solis, seconded by Zarate, to close the Public Hearing. Carried by unanimous vote. CONDITIONAL USE PERMITS 2012 (403-27-1) 22. Public Hearing - Conditional Use Permit for the sale of beer and wine for off -site consumption at a new 7-Eleven to be located at 1539 Highland Avenue. (Applicant: William A. Adams) (Case File 2011-32 CUP) (Planning) **Companion Item #24** RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved. TESTIMONY: William Adams appeared on behalf of 7-Eleven, spoke in support and submitted signed letters of support. Greg Velasquez, the property owner, spoke in support. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2012 (403-27-1) 23. Resolution No. 2012-73. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TAKING ACTION ON A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED WINGSTOP RESTAURANT AT 932 HIGHLAND AVENUE. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) (Planning) **Companion Item #21** RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Morrison, Rios, Sotelo-Solis, Zarate. Nays: Natividad. Absent: None. Abstain: None. CONDITIONAL USE PERMITS 2012 (403-27-1) 24. Resolution No. 2012-74. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TAKING ACTION ON A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT A NEW 7-ELEVEN TO BE LOCATED AT 1539 HIGHLAND AVENUE. (Applicant: William A. Adams) (Case File 2011-32 CUP) (Planning) **Companion Item #22** RECOMMENDATION: Adopt the Resolution. Book 94 / Page 77 03-20-2012 NON CONSENT RESOLUTIONS (cont.) CONDITIONAL USE PERMITS 2012 (403-27-1) 24. Resolution No. 2012-74 (continued). TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution with all conditions and a new condition that prohibits alcohol sales between midnight and 8:00 a.m. Carried by the following vote, to -wit: Ayes: Morrison, Rios, Sotelo-Solis, Zarate. Nays: Natividad. Absent: None. Abstain: None. NEW BUSINESS CONDITIONAL USE PERMITS 2012 (403-27-1) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for liquor and beer sales at Wal-Mart located at 1100 Highland Avenue. (Applicant: Wal-Mart Stores, Inc.) (Case File 2011-29 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: A written appeal of the Planning Commission approval of the CUP was submitted to the City Council. ACTION: Motion by Sotelo-Solis, seconded by Rios, to set for Public Hearing on April 171h, 2012. Carried by unanimous vote. CITY WIDE HOUSING ADMIN (303-4-1) 26. General Plan Annual Progress Report for 2011 pursuant to California Government Code Section 65400(a)(2), which establishes the requirement that the City prepare an annual report on the status of the General Plan and the implementation of the Housing Element using forms and definitions adopted by the California Department of Housing and Community Development. (Community Services) RECOMMENDATION: Accept and file the report, and direct staff to submit the report to the Governor's Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD), and the San Diego Association of Governments (SANDAG). TESTIMONY: None. ACTION: Motion by Zarate, seconded by Rios, to approve staff recommendation. Carried by unanimous vote. Book 94 / Page 78 03-20-2012 NEW BUSINESS (cont.) POLITICAL SUPPORT ADMIN - INITIATIVES (102-4-1) 27. Assembly Bill 1572 (Fletcher and Block) Service Authority for Freeway Emergencies (SAFE): San Diego County - Letter of Support. (City Manager) RECOMMENDATION: Review and accept letter supporting AB1572 and direct City Manager to forward Letter of Support to Assemblymember Nathan Fletcher and Members of the Committee on Transportation. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve staff recommendation. Carried by unanimous vote. BOARDS & COMMISSIONS ADMIN (101-1-1) 28. Report to Council regarding the Oversight Board Appointees and possible future vacancies: Discussion and Options. (City Attorney) RECOMMENDATION: File. TESTIMONY: None. ACTION: Additional information was requested on an alternate member position. No vote was taken. STAFF REPORTS CLOSED SESSION REPORT (509-1-4) 29. Closed Session Report. (City Attorney) City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit 'L') MAYOR AND CITY COUNCIL Council Member Natividad reported that the former bicycle store property is looking bad. Vice Mayor Sotelo-Solis thanked staff for the good job on the CDBG process; reported that the Thrift Store property on National City Blvd. looks abandoned and referred pot holes in the alley by the American Legion Hall. Council Member Rios complimented staff for the smooth CDBG process and asked staff to follow up on the drainage issues in El Toyon Park. Council Member Zarate inquired about the progress of the new business going on the former Sizzler Restaurant site. Mayor Morrison said the CDBG went very well this year and reported on the success of Sweetwater High students at the recent financial bootcamp program. Book 94 / Page 79 03-20-2012 MAYOR AND CITY COUNCIL (cont.) City Treasurer Beauchamp reported that the City has filled the Senior Accountant position with an internal promotion. ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council of the City of National City to be held Tuesday, April 3, 2012 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 9:22 p.m. AP//A City Clerk The foregoing minutes were approved at the Regular Meeting of April 17, 2012. Mayor 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, March 20, 2012 — 5:30 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 ADJOURNMENT Next Regular City Council Meeting — Tuesday, March 20, 2012, 6:00 p.m., Council Chambers, Civic Center