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Home My WebLink About2013 09-03 CC HA MINBook 95 / Page 157 09-03-2013 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 3, 2013 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:06 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Morrison, Natividad, Rios, Sotelo-Solis. Administrative Officials present: Cissel, Dalla, Deese, Duong, Manganieool, Parra, Raulston, Roberts, Rodriguez, Silva, Smith, Stevenson, Vergara, Williams. Others present: Student Representatives Kane Gillego. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Sunshine Horton, El Cajon, briefed the City Council on upcoming events involving 'Shop with a Cop', 'Kids News Day' and `Special Olympics'. Geoffrey Schrock, National City, expressed support for the City Council action involving McDini's Restaurant and said he supports American military action against Syria. PROCLAMATION PROCLAMATION ADMIN (102-2-1) 1. Proclaiming the Month of September 2013 as: "National Preparedness Month" CITY COUNCIL PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. Employee of the Quarter 2013 — Rustico Aguilar — Custodian ACTION: The item was rescheduled to the next meeting. Book 95 / Page 158 09-03-2013 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2013 (102-10-8) 3. South County Economic Development Council — Visioning and Economic Strategy — Cindy Gompper Graves COUNCIL MEETING PRESENTATIONS 2013 (102-10-8) 4. South Bay YMCA Summer Program Update for National City Municipal Pool and Camacho Recreation Center. (Community Services) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 5. Interviews and Appointments: (1) Interview new applicants; (2) Consider recommendations to bring terms into conformance with Ordinance No. 2013-2381; (3) Take necessary action to appoint / re -appoint. (City Clerk) TESTIMONY: Mr. David Garcia and Mr. Eddie Perez were interviewed for appointment to the Public Art Committee. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 6 through 8 (Resolution Nos. 2013-131 through 2013-133), Item Nos. 9 and 10 (Warrant Registers). Motion by Rios, seconded by Sotelo-Solis, to pull Item Nos. 7 and 8, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. GRANT / LIBRARY (206-4-10) 6. Resolution No. 2013-131. RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY: 1) RATIFYING THE ACCEPTANCE OF A $10,000 GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) TO FUND THE LIBRARY'S LITERACY SERVICES FOR FY2013- 14; AND 2) AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET. (Library) ACTION: Adopted. See above. CONDITIONAL USE PERMITS 2013 (403-28-1) 7. Resolution No. 2013-132. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING THE APPEAL OF AND AFFIRMING THE PLANNING COMMISSION REVOCATION OF CONDITIONAL USE PERMIT 2010-33 CUP FOR LIVE ENTERTAINMENT AT AN EXISTING BAR/RESTAURANT LOCATED AT 105 E. 8TH STREET. (Case File No.: 2013-11 R) (Planning) ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Book 95 / Page 159 09-03-2013 CONSENT CALENDAR (cont.) LAND USE CODE AMENDMENTS ADMIN (405-6-1) 8. Resolution No. 2013-133. RESOLUTION CERTIFYING A NEGATIVE DECLARATION AND AUTHORIZING THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO FILE A NOTICE OF DETERMINATION RELATED TO AMENDING SECTION 18.30.360 OF TITLE 18 (LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS. (Applicant: The Focus Group) (Case File: 2013-12 IS) (Planning) ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. WARRANT REGISTER JULY 2013 — JUNE 2014 (202-1-28) 9. Warrant Register #5 for the period of 7/23/13 through 7/30/13 in the amount of $885,413.58. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2013 — JUNE 2014 (202-1-28) 10. Warrant Register #6 for the period of 7/31/13 through 8/6/13 in the amount of $8,691,411.29. (Finance) ACTION: Ratified. See above. PUBLIC HEARING LAND USE CODE AMENDMENTS ADMIN (405-6-1) 11. Public Hearing to consider an Ordinance Amending Sections 18.30.360 and 18.41.020 (C) of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant locational requirements and drive -through business design guidelines. (Applicant: The Focus Group) (Case File: 2013-12 A) (Planning) RECOMMENDATION: Staff concurs with the Planning Commission's recommendation to adopt the amendments to Title 18.30.360 and 18.41.020 (C) of the Municipal Code pertaining to fast food restaurants. TESTIMONY: Tom Cofersons appeared on behalf of the applicant and responded to questions. ACTION: Motion by Sotelo-Solis, to continue for two weeks. Motion died for lack of a second. Motion by Cano, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. Book 95 / Page 160 09-03-2013 ORDINANCE FOR INTRODUCTION MUNICIPAL CODE 2013 (506-2-28) 12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 18.30.360 AND 18.41.020 (C) OF TITLE 18 (LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS AND DRIVE -THROUGH BUSINESS DESIGN GUIDELINES. (Applicant: The Focus Group) (Case File: 2013-12 A) (Planning) NEW BUSINESS CONDITIONAL USE PERMITS 2013 (403-28-1) 13. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a new fast food restaurant to be located at 2100 Highland Avenue. (Applicant: The Focus Group) (Case File: 2013-12 CUP) (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 Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. POLITICAL SUPPORT ADMIN — INITIATIVES (102-4-1) 14. Request approval for the Mayor to sign a letter regarding AB 981. (City Manager) RECOMMENDATION: None. TESTIMONY: None. ACTION: An updated version of the letter was distributed. No action was taken. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS CITY MANAGER / REPORTS ADMIN (1104-1-12) 15. Staff Report — San Diego State University Community Engagement for Sustainable Cities Program (CESC). (City Manager) TESTIMONY: Dean Jeffery Chase and Dr. Jessica Barlow appeared on behalf of San Diego State University and responded to questions. Book 95 / Page 161 09-03-2013 STAFF REPORTS (cont.) COMMUNITY DEVELOPMENT ADMIN 2011-2014 (406-2-16) 16. Verbal Report — Senate Bill 1 (Steinberg) of 2013 — New Sustainable Economic Development Legislation. (Executive Director Brad Raulston) PUBLIC WORKS DEPT ADMIN (1104-1-11) 17. Staff Report — Update on Relocation of Public Works Facilities. (Engineering/Public Works) 17a. Alfredo Ybarra, Director of Housing and Grants informed the Council of the steps that were being taken to address parking issues at Kimball & Morgan Towers and that escrow closed on sale of the current and new Public Works yard located at 1726 Wilson Avenue. BOARDS & COMMISSIONS ADMIN (101-1-1) 18. Discussion on the formation of a Military Advisory Committee. (Councilmember Rios) TESTIMONY: Shirley Ferrell, National City, spoke in support. Bert Andrade, National City, spoke in support. ACTION: The consensus was to consider the establishment of an Ad Hoc Committee on the next agenda. No vote was taken. MAYOR AND CITY COUNCIL Council Member Sotelo-Solis reminded everyone about the Quarterly Neighborhood Council Breakfast on Saturday. Council Member Rios requested staff look into football practices taking place at El Toyon Park and an on -going car wash taking place at Plaza Boulevard and 8th Street. Council Member Cano spoke of the need for maintenance in the medians along Highland Avenue and National City Blvd. Mayor Morrison reported on the recent rate increase hearing held by the Sweetwater Water Authority. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') Book 95 / Page 162 09-03-2013 ADJOURNMENT The meeting was adjourned in memory of Maria Avalos and Maria Valderrama. Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housinq Authority of the City of National City to be held Tuesday, September 17, 2013 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:37 p.m. The foregoing minutes were approved at the Regular Meeting of November 5, 2013. 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, September 3, 2013 — 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL Liability Claims — Government Code Section 54956.95 Workers' Compensation Claim Agency Claimed Against: City of National City Number of Claim: One 2. Conference with Legal Counsel — Anticipated Litigation Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) and (e)(3) Two Liability Claims: Guadalupe Fajardo and Stella Kuzukian 3. 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 Agenda of a Special Meeting September 3, 2013 Page 2 CITY COUNCIL Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Teodoro Villalon Torres, et al. v. Almquist, et al. San Diego Superior Court Case No. 37-2012-000763304-CU-PO-SC Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Isabel Padilla v. City of National City San Diego Superior Court Case No. 37-2013-00030288 Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Christina Navar v. City of National City, et al. San Diego Superior Court Case No. 37-2012-00078352-CL-UD-SC Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Kimberly Willis v. Housing Authority of the City of National City San Diego Superior Court Case No. 37-2013-61204-CU-WM-CTL Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) The Affordable Housing Coalition of San Diego County v. Sandoval, et al Sacramento Court Case No. 34-2012-80001158-CU-WM-GDS 9. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Matosantos, Sandoval (true up) Sacramento Court Case No. 34-2012-80001198 10. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Morgan Square San Diego Superior Court Case No. 37-2013-00030288 11. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and CDC v. Rosenow Spevacek Group Arbitration Matter 12. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(a) One Potential Case SUCCESSOR AGENCY 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 Agenda of a Special Meeting September 3, 2013 Page 3 SUCCESSOR AGENCY Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) The Affordable Housing Coalition of San Diego County v. Sandoval, et al Sacramento Court Case No. 34-2012-80001158-CU-WM-GDS Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Matosantos, Sandoval (true up) Sacramento Court Case No. 34-2012-80001198 Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Morgan Square San Diego Superior Court Case No. 37-2013-00030288 5. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and CDC v. Rosenow Spevacek Group Arbitration Matter 6. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(a) One Potential Case ADJOURNMENT Next Regular City Council Meeting — Tuesday, September 3, 2013, 6:00 p.m., Council Chambers, Civic Center