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HomeMy WebLinkAbout2013 11-05 CC HA MINBook 95 / Page 190 11-05-2013 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY November 5, 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: Dalla, Deese, Duong, Manganiello, Parra, Raulston, Rodriguez, Silva, Smith, Stevenson, Vergara, Williams. Others present: Student Representative Kane Gillego. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Kevin Stanton requested assistance for an injury he received during an altercation in a hotel parking lot. Steve Atkins, an attorney with Haskins & Associates, appeared on behalf of his clients and requested the City Council dismiss current litigation involving Morgan Square. Rita Heuss, National City, expressed disappointment about how a friend was treated at a recent City Council meeting. CITY COUNCIL PROCLAMATION PROCLAMATION ADMIN (102-2-1) 1. Proclaiming November 5, 2013 as "Connect2Compete Day". (Mayor / City Council) Book 95 / Page 191 11-05-2013 PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2013 (102-10-8) 2. Presentation of a display ornament to the City of National City and staff for our participation and celebration of the 50th Anniversary of the Metro Wastewater System. (Vice Mayor Natividad) CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Item Nos. 4 through 7 (Resolution Nos. 2013-163 through 2013-166), Item No. 8 (TUP), Item Nos. 9 and 10 (Warrant Registers). Motion by Sotelo-Solis, seconded by Rios, to pull Item Nos. 5 and 8, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 3. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of September 3, 2013 and October 15, 2013. (City Clerk) ACTION: Approved. See above. DONATIONS RECEIVED (209-1-4) CONTRACT (C2013-44) 4. Resolution No. 2013-163. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE NATIONAL CITY POLICE DEPARTMENT TO ACCEPT THE DONATION OF A POLICE SERVICE DOG FROM THE UNITED STATES GOVERNMENT - NAVAL SPECIAL WARFARE GROUP — ONE (NSWG-1) AND AUTHORIZE POLICE DEPARTMENT TO SIGN THE INDEMNITY AGREEMENT. (Police) ACTION: Adopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 5. Resolution No. 2013-164. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $31,862 GRANT FROM THE STATE OF CALIFORNIA AB109 FUNDS ADMINISTERED THROUGH THE CITY OF SAN DIEGO AND RATIFYING THE ESTABLISHMENT OF A FISCAL YEAR 2014 APPROPRIATION OF $31,862 AND A CORRESPONDING REVENUE BUDGET FOR MONITORING AND ASSISTING FRONTLINE LAW ENFORCEMENT IN OUR REGION WITH THE PROBLEMS ASSOCIATED WITH THE EARLY RELEASE OF NON-VIOLENT OFFENDERS FROM STATE PRISON. (Police) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Book 95 / Page 192 11-05-2013 CONSENT CALENDAR (cont.) CONTRACT (C2009-52) 6. Resolution No. 2013-165. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC, IN THE NOT -TO - EXCEED AMOUNT OF $49,500 TO PROVIDE PRE -PLACEMENT EVALUATIONS, PRE -EMPLOYMENT EXAMS, AN OFFICER ASSISTANCE PROGRAM, CRITICAL INCIDENT DEBRIEFING, AND FITNESS FOR DUTY EVALUATIONS FOR THE POLICE DEPARTMENT FOR THE TERM OF ONE YEAR. (Police) ACTION: Adopted. See above. ENCROACHMENT AGREEMENT ADMIN 2010 (903-14-4) 7. Resolution No. 2013-166. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING REINSTATEMENT AND AMENDMENT NUMBER ONE TO MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR MONITORING WELL (W-27) ENCROACHING INTO THE ALLEY BETWEEN ROOSEVELT AVENUE AND HOOVER AVENUE SOUTH OF 8TH STREET FOR CONTINUED MONITORING AS REQUIRED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH. (Engineering) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2013 (203-1-29) 8. Temporary Use Permit — 6th Annual Tree Lighting Ceremony hosted by the Community Services Department on December 12, 2013 from 5 p.m. to 8 p.m. at Morgan Square & Brick Row, between "A" Avenue and National City Boulevard. This is a City sponsored event under Policy No. 804 (Neighborhood Services) ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve with modifications and addition of cars. Carried by unanimous vote. WARRANT REGISTER JULY 2013 — JUNE 2014 (202-1-28) 9. Warrant Register #14 for the period of 9/25/13 through 10/1/13 in the amount of $1,976,643.46. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2013 —JUNE 2014 (202-1-28) 10. Warrant Register #15 for the period of 10/2/13 through 10/8/13 in the amount of $241,687.47. (Finance) ACTION: Ratified. See above. Book 95 / Page 193 11-05-2013 ORDINANCE FOR INTRODUCTION MUNICIPAL CODE 2013 (506-2-28) 11. AN ORDINANCE AMENDING APPENDIX 'A' OF THE WESTSIDE SPECIFIC PLAN TO ADD "SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL" AS A CONDITIONALLY -ALLOWED USE IN THE LIMITED COMMERCIAL (CL) ZONE. (Applicant: U- Haul/Amerco) (Case File 2013-20- SPA) (Planning) TESTIMONY: Eddie Perez, San Diego, spoke in opposition. NON CONSENT RESOLUTIONS EQUIPMENT DONATIONS OF SURPLUS (209-1-3) 12. Resolution No. 2013-167. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DONATION OF A 1989 SEAGRAVES FIRE ENGINE TO SWEETWATER HIGH SCHOOL TO PROVIDE THE FIRE SCIENCE PROGRAM WITH A FIRE ENGINE THAT WILL ALLOW THE STUDENTS TO PRACTICE SKILLS IN A MORE REALISTIC ENVIRONMENT. (Fire) RECOMMENDATION: Staff recommends the City Council approve the donation in order to assist Sweetwater High School. TESTIMONY: Mike Diaz from Sweetwater High answered questions. ACTION: Motion by Rios, seconded by Sotelo-Solis, to bring back the Resolution with some change in language. Carried by unanimous vote. ENGINEERING DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 13. Resolution No. 2013-168. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FOR THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE DRINKING WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) FOR THE HOOVER AVENUE PARK/PARADISE CREEK WALK PROJECT IN THE AMOUNT OF $1,100,000, COMMITTING TO A LOCAL MATCH OF $200,000 FOR A TOTAL PROJECT COST OF $1,300,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IF APPROVED FOR FUNDING. (Engineering) RECOMMENDATION: Adopt the Resolution. Book 95 / Page 194 11-05-2013 NON CONSENT RESOLUTIONS (cont.) ENGINEERING DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 13. Resolution No. 2013-168 (continued). TESTIMONY: Stephanie Buttell-Maxin, representing Paradise Creek Educational Park Foundation, expressed concerns about several aspects of the plan and requested an opportunity for additional input. Ted Godshalk, Paradise Creek Educational Park, listed eight concerns with the proposed plan. Margaret Godshalk, Paradise Creek Educational Park, spoke in opposition. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2013 (403-28-1) 14. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Self -Storage Facility with Accessory Truck Rental located at 1300 Wilson Avenue. (Applicant: U-Haul/Amerco) (Case File 2013-20- CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Ron Peterson, Parul Butala and Carlos Vizcarra, representing U-Haul, spoke in favor and responded to questions. Carolina Martinez, Environmental Coalition, expressed concern about the hours of operation. Eddie Perez, San Diego, spoke in opposition. ACTION: Motion by Rios, seconded by Sotelo-Solis, to set a Public Hearing for next meeting. Carried by unanimous vote. SPECIFIC PLAN — WESTSIDE (417-1-10) 15. Consideration of the Planning Commission's recommendations on the Affirmative Termination by Amortization of the nonconforming land uses located at 1732 Coolidge Avenue (Steve's West Coast Automotive) and 108 W. 18th Street (Jose's Auto Electric). (Planning) RECOMMENDATION: Direct staff to prepare Resolutions for City Council consideration ordering the nonconforming uses to be terminated within the amortization periods determined by the City Council. TESTIMONY: A Staff Presentation including a PowerPoint was made by Attorney George Eiser from the Law Firm of Meyers Nave; Ray Pe, Principal Planner, National City; Mike Garcia, Principal Tierra West Advisors and Brian Brinig, J.D., C.P.A. (Copy of Presentation on file in the Office of the City Clerk). Book 95 / Page 195 11-05-2013 NEW BUSINESS (cont.) A recess was called at 8:47 pm The meeting reconvened at 8:53 pm. All members were present. SPECIFIC PLAN — WESTSIDE (417-1-10) 15. Consideration of the Planning Commission's recommendations on the Affirmative Termination by Amortization of the nonconforming land uses located at 1732 Coolidge Avenue (Steve's West Coast Automotive) and 108 W. 18th Street (Jose's Auto Electric) (continued). TESTIMONY: Dr. Ruth Heifetgz, faculty UCSD Medical School, spoke in support of the Planning Commission recommendation. Sonia Ruan, Kimball School Principle, spoke in support. Ken Seaton-Msemagi, National City, spoke in support. Alicia Sanchez, National City, spoke in support of amortization. Dr. Shaila Senpas, spoke in support. Joanna Hernandez, spoke in support of amortization. Margarita Garcia, National City, spoke in support of early amortization. Rosina Lizawaga, National City, spoke in support. Carolina Martinez, Environmental Health Coalition, spoke in support and submitted letters of support. Ted Godshalk, National City, spoke in support. Eddie Perez, San Diego, spoke in support. Barbara Avalos, National City, spoke in support. Livia Borak, Attorney representing the Environmental Health Coalition, spoke in support of the shorter amortization period. ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve Planning Commission's recommendations and return with a Resolution. Carried by unanimous vote. TEMPORARY USE PERMITS 2013 (203-1-29) 16. Temporary Use Permit — Promotion of Certified Pre -Owned Vehicles with outdoor tent and inflatable attachment sponsored by Frank Motors at 2829 National City Boulevard from November 6, 2013 to November 6, 2014 from 8 a.m. to 9 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval for 3 to 6 months only and with no waiver of fees. Staff does not recommend a one year approval period. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. Book 95 / Page 196 11-05-2013 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2013 (203-1-29) 17. Temporary Use Permit — 21st Annual Fiesta Filipiniana-Mexicana Karaoke hosted by the Seafood City Supermarket on November 9, 2013 from 10 a.m. to 10 p.m. at 1420 E. Plaza Blvd with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1) 18. City Council Meeting Schedule - December 2013 through January 2014. (City Clerk) RECOMMENDATION: Review and provide direction. TESTIMONY: None. ACTION: Motion by Rios, seconded by Natividad, to approve Option "B". Motion failed by the following vote, to -wit: Ayes: Natividad, Rios. Nays: Cano, Morrison, Sotelo-Solis. Absent: None. Abstain: None. Motion by Cano, seconded by Sotelo-Solis, to approve Option "A". Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: Natividad. Absent: None. Abstain: None. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS COUNCIL POLICY MANUAL (102-13-1) 19. Discussion of Potential Workshop Dates for City Council Policy Manual Review. (City Manager) ACTION: Motion by Sotelo-Solis, seconded by Natividad, to schedule a City Council Policy Workshop on December 10, 2013. Carried by unanimous vote. Book 951 Page 197 11-05-2013 STAFF REPORTS Executive Director Brad Raulston reported that he and the City Engineer would be attending the Neighborhood Council meetings to provide an update on the Parks Master Plan. City Engineer Steve Manganiello reported that the Walk San Diego organization has ranked National City 2nd in the county for walkability this year. Police Chief Manuel Rodriguez briefed the Council on the recent bomb threat called into one of the schools, how the incident was handled and lessons learned. Public Works Director Joe Smith reported that the National City Civic Center building has been designated an Energy Star facility by the Environmental Protection agency as a result of retro-fit efforts undertaken by the City. MAYOR AND CITY COUNCIL Vice Mayor Natividad thanked the City Manager and the Halloween Luncheon committee for the nice employee lunch; asked staff to look into an issue with building plans; encouraged efforts to get the word out about the dangers of toy guns; suggested that staff take some time to visit the One -Sight vision project site and announced that he has challenged the City of Chula Vista to a menudo cook -off. Council Member Sotelo-Solis praised staff and volunteers for another successful Tower of Terror event attended by 2400 people followed by a victorious Sweetwater High School Homecoming. Member Sotelo-Solis thanked staff for their work on Item No. 15 and requested that the next meeting be adjourned in memory of Mr. Richard Castaneda, a former City Employee. Council Member Rios praised the Homecoming and One -Site events and thanked the Police Chief for attending the Rotary Convention over the weekend and helping make a presentation on the School Supplies program. Mayor Morrison acknowledged that it has been a very busy time the last few weeks including the Dia De Los Muertos and La Vista and the State of the City Address. The Mayor presented a check to the City Manager for $18,120 from the Regional Solid Waste 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 198 11-05-2013 ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, November 19, 2013 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:29 p.m. Jerk City City erk The foregoing minutes were approved at the Regular Meeting of December 17, 2013. EXHIBIT `L' N 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, November 5, 2013 — 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) The Affordable Housing Coalition of San Diego County v. Sandoval, et al Sacramento Court Case No. 34-2012-80001158-CU-WM-GDS 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 CLOSED SESSION (cont.) SUCCESSOR AGENCY Agenda of a Special Meeting November 5, 2013 Page 2 2. 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 ADJOURNMENT Next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City — Tuesday, November 5, 2013, 6:00 p.m., Council Chambers, National City, California.