HomeMy WebLinkAboutDraft MinutesBook 95 / Page XX
11-05-2013
DRAFT DRAFT DRAFT
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 XX
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 UNITEDSTATES 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 XX
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)
CTION :;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.
3
Book 95 / Page XX
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.
y
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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 (403-2
14. Notice of Decision — PlanningiCommission approval of a Conditional Use
Permit for a Self-Storaganne, Facility, with Accessory Truck Rental located at
r �,
1300 Wilson Avenue. (Applicant l -Haul/Amerco) (Case File 2013-20-
CUP) (Planning)
RECOMMENDATION: Staff concurswith the decision of the Planning
Commission and recommends' that the Notice of Decision be filed.
TESTIMONY: 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 sMotion,by.;Rios, seconded by Sotelo-Solis to set a Public
Hearing for�next meeting. Carried by unanimous vote.
SPECIFIC PLAN — WESTSIDE (417-1-10)
PLAN
15. Consideration of the Planning Commission's recommendations on the
Affirmative€Termnation by Amortization of the nonconforming land uses
located at 173`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).
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Book 95 / Page XX
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
p- .r
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,
F,3
spoke in support of the Planning Commissione, recommendation.
Sonia Ruan, Kimball Schoot' 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.
Rosins Lizawaga, National City, spoke in support.
Carolina 'rMartinez, Environmental'" Health `' Coalition, spoke in
support and submitted letters:of support:
Tsed,Godshalk,.National City, spoke in support.
Eddie Perez, Sa"n,Diego, spoke in support.
Barbara Aalos,`National City,:spoke in support.
Livia ,-4,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.
6
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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 Cana, 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 ofPotential 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.
�1
Book 95 / Page XX
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 Councilon 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.
CouncilemberSotelo-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. 1a 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 XX
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.
:Clerk
The foregoing minutes were approved at the Regular Meeting of December 17,
2013.
Mayor
EXHIBIT I'
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, November5, 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 a/
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
1. 0
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;
1�