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HomeMy WebLinkAbout2005 07-19 CC MINBook 87/Page 148 7/19/05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 19, 2005 The Regular Meeting of the City Council of the City of National City was called to order at 6:07 p.m. by Mayor Inzunza. ROLL CALL Councilmembers present: Inzunza, Morrison, Natividad, Parra, Zarate. Administrative officials present: Dalla, Deese, Dunn, Eiser, Gonzales, Juniel, Kirkpatrick, Post, Trees, Wurbs, Zapata. Others present: City Treasurer George Hood, Student Commissioners Michelle Luna Reynoso and Yessenia Jerado. OFF AGENDA ITEMS City Attorney George Eiser read a memo regarding the need to add four items from the Community Development Commission to the agenda. (See Exhibit A, attached). ACTION: Motion by Morrison, seconded by Zarate, to add all four items as Numbers 37 through 40. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Jim Bliesner and Alan Fisher spoke in support of the proposed Ordinance limiting Pay Advance Businesses. (See Item No. 21) BOARDS AND COMMISSIONS ADMIN (101-1-1) INTERVIEWS/APPOINTMENTS 1. Appointment to Sweetwater Authority Board. ACTION: Motion by Inzunza, seconded by Zarate, to confirm the appointment of Vice Mayor Morrison to the unexpired term on the Sweetwater Authority. Carried by unanimous vote. 2. Appointment to the Ad -Hoc Committee on Housing. ACTION: The consensus was to continue the item for 60 days to allow time to advertise in minority newspapers. There was no vote. Book 87/Page 149 7/19/05 PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1) Recognizing Sweetwater High School Student Kimberly Maraya for her many accomplishments. Employee of the Month Program — Amelia Chavez, Crime Scene Specialist, was recognized as Employee of the Month of July 2005. Recognition and Presentation / Retiring Assistant Police Chief, Penu Pauu. Presentations were made by Councilman Natividad and Police Chief Adolfo Gonzales to car club members for their participation in Auto Heritage Days. Presentation by Henry Abarbanel, City of Del Mar, regarding SANDAG, Energy Working Group and the Regional Energy Strategy. PROCLAMATIONS (102-2-1) A Proclamation, proclaiming Tuesday, June 21, 2005, as: "EDWARD BRAND DAY. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Approval of the Minutes of the Regular Meeting of June 21, 2005), Item No. 4 (NCMC), Item No. 5 through 8 (Resolution Nos. 2005-142 through 2005-145), Item No. 9 Item through 16 (Temporary Use Permits), Items Nos. 17 through and 20 (Warrant Registers No. 48 through 51). Motion by Inzunza, seconded by Parra, to continue Item No. 11 to the next meeting and Item No. 21 for 30 days and approve the remainder of the Consent Calendar. Carried by unanimous vote. APPROVAL OF THE MINUTES 3. Approval of the Minutes of the Regular Meeting of June 21, 2005. ACTION: Approved. See above. Book 87/Page 150 7/19/05 NCMC (506-2-20) 4. Approval of a motion to waive reading of the text of all 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 (C2005-11) 5. Resolution No. 2005-142: APPROVING CHANGE ORDER NUMBER ONE TO HEFFLER COMPANY, INC. FOR NATIONAL CITY BLVD. 7TH STREET TO 12TH STREET IMPROVEMENTS, SPEC. NO. 04-12 IN THE AMOUNT OF $127,049.94 FOR ADDITIONAL REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL ON 9TH STREET, REMOVAL OF RAILROAD TIES AND ADDITIONAL PAVING OVERLAY ON NATIONAL CITY BOULEVARD AND AUTHORIZING THE CITY ENGINEER TO APPROVE AND SIGN THE CHANGE ORDER. (Engineering) ACTION: Adopted. See above. SEWER CAPACITY / FEES ADMIN (906-1-4) 6. Resolution No. 2005-143: DIRECTING THE PREPARATION OF THE REPORT REQUIRED BY HEALTH & SAFETY CODE SECTION 5473 FOR THE COLLECTION OF SEWER CHARGES ON THE TAX ROLL AND SETTING A PUBLIC HEARING THEREOF FOR AUGUST 2, 2005. (Public Works) ACTION: Adopted. See above. DEEDS AND EASEMENTS (D2005-3) 7. Resolution No. 2005-144: AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING A SEWER EASEMENT, APN 570-020-47-00, TO THE COUNTY OF SAN DIEGO FOR THE RECONSTRUCTION OF AN EXISTING SEWER LINE KNOWN AS THE SPRING VALLEY OUTFALL SEWER LOCATED AT THE INTERSECTION OF PLAZA BONITA AND EQUITATION ROAD. (Engineering) ACTION: Adopted. See above. Book 87/Page 151 7/19/05 CONTRACT (C2005-17) 8. Resolution No. 2005-145: FINDING THAT AN EMERGENCY EXISTS APPROVING THE WAIVER OF BIDDING REQUIREMENTS AS AUTHORIZED BY SECTION 20168 OF THE PUBLIC CONTRACT CODE, AND AWARDING A CONTRACT TO ACE EXCAVATING AND ENVIRONMENTAL SERVICES FOR THE REMOVAL OF THREE UNDERGROUND STORAGE TANKS LOCATED ON CITY PROPERTY. (Engineering) ACTION: Adopted. See above. TEMPORARY USE PERMIT 2005 (203-1-21) 9. SUBJECT: El Pueblo Neighborhood Block Party — Saturday, July 30, 2005 at 10 a.m. to 3 p.m. at K Street, between 5th and 6th (Building & Safety) ACTION: Adopted. See above. TEMPORARY USE PERMIT 2005 (203-1-21) 10. SUBJECT: Common Man Wealth Industries/Kids Say Nope to Dope — Nope to Dope Park Rally — Saturday, July 30, 2005, 11 a.m. to 4 p.m. at Las Palmas Park. (Building & Safety) ACTION: Motion by Inzunza, Seconded by Parra, to approve the request. Carried by unanimous vote. TEMPORARY USE PERMIT 2005 (203-1-21) 11. SUBJECT: Apostolic Assembly Temporary Trailers — August 1, 2004 to September 1, 2005 at 125 Palm Avenue, National City, California 91950 (Building & Safety) RECOMMENDATION: Continue the item to the next meeting. ACTION: No action taken. TEMPORARY USE PERMIT 2005 (203-1-21) 12. SUBJECT: National City Public Library Gala Event — August 12, 2005, 7 pm. To 9 p.m. at 1401 National City Boulevard. (Building & Safety) ACTION: Adopted. See above. TEMPORARY USE PERMIT 2005 (203-1-21) 13. SUBJECT: National City Public Library Grand Opening Celebration — August 13, 2005, 12:00 Noon — 4:00 p.m. at 1401 National City Boulevard, National City, California 91950. (Building & Safety) ACTION: Adopted. See above. Book 87/Page 152 7/19/05 TEMPORARY USE PERMIT 2005 (203-1-21) 14. SUBJECT: Christiansen Amusements Plaza Bonita Carnival — August 18, 2005 to August 21, 2005 at 3030 Plaza Bonita Road, National City, California 91950 — Hours: Th/Fr. 5 p.m. to 11 p.m.: Sat/Sun. 1 p.m. to 11 p.m. (Building & Safety) ACTION: Adopted. See above. TEMPORARY USE PERMIT 2005 (203-1-21) 15. SUBJECT: National City Chamber of Commerce - Taste of National City August 25, 2005 from 5:00 p.m. — 8:00 p.m. (Building & Safety) ACTION: Adopted. See above. TEMPORARY USE PERMIT 2005 (203-1-21) 16. SUBJECT: 20th Annual Chili & Salsa Cook off — Saturday, October 22, 2005, 10 a.m. to 3:00 p.m. at 1401 National City Boulevard. (Building & Safety) ACTION: Adopted. See above. WARRANT REGISTER 2005 (202-1-19) 17. Warrant Register No. 48 Ratification of Demands in the amount of $995,129.96. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2005 (202-1-19) 18. Warrant Register No. 49 Ratification of Demands in the amount of $574,044.69. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2005 (202-1-19) 19. Warrant Register No. 50 Ratification of Demands in the amount of $1,081,282.64. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2005 (202-1-19) 20. Warrant Register No. 51 Ratification of Demands in the amount of $457,142.16. (Finance) ACTION: Ratified. See above. Book 87/Page 153 7/19/05 ORDINANCES FOR INTRODUCTION NCMC (506-2-20) 21. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.58 TO THE NATIONAL CITY MUNICIPAL CODE TO REGULATE BUSINESS LICENSES AND FOR "DEFERRED DEPOSIT TRANSACTION BUSINESSES", ALSO KNOWN AS "PAYDAY LENDERS", AND REPEALING ORDINANCE NO. 2004-2254. (City Attorney) TESTIMONY: Two speakers spoke in favor during `Public Comment' earlier in the meeting. ACTION: Continued for 30 days. No vote taken. NCMC (506-2-20) 22. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-2-PD TO RM-1- PD FOR THE PROPERTIES LOCATED AT 1125, 1251 AND 1311 EAST DIVISION STREET. (APPLICANT: NATIONAL HOUSING FUND, INC.) CASE File Nos: GP-2004-1/ZC-2004-3. (Community Development Commission) NCMC (506-2-20) 23. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM MM-CZ TO CT-PD- CZ FOR THE PROPERTIES ASSOCIATED WITH THE MARINA GATEWAY PLACE PROJECT. (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) CASE FILE NOS. GP-2004/5-ZC- 2004-2. (Community Development Commission) ORDINANCES FOR ADOPTION NCMC (506-2-20) 24. AN ORDINANCE OF THE CITY OF CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING A CERTAIN PARCEL OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-3- PD TO CL FOR THE SOUTHERN HALF OF THE PROPERTY AT 3102 E. 16TH STREET. (APPLICANT: CITY OF NATIONAL CITY) (CASE FILE NO. GP-2005-/ZC-2005-1) (Planning) Book 87/Page 154 7/19/05 ORDINANCE FOR ADOPTION (continued) NCMC (506-2-20) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: - None. ACTION: Motion by Morrison, seconded by Inzunza, to adopt the Ordinance. Carried by unanimous vote. NCMC (506-2-20) 25. AN ORDINANCE OF THE CITY COUNCIL OF CITY OF NATIONAL CITY IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION. (City Attorney) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to adopt the Ordinance. Carried by unanimous vote. NCMC (506-2-20) ELECTION NOV 2005 PROP 'B' SALES TAX (505-17-1) 26. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING AN EMERGENCY PURSUANT TO ARTICLE XIII C OF THE CALIFORNIA CONSTITUTION, AND ORDERING THE SUBMISSION OF A MEASURE TO IMPOSE A TRANSACTIONS AND USE TAX (SALES TAX) IN THE AMOUNT OF ONE (1%) TO THE QUALIFIED VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2005. (City Attorney) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, to adopt the Ordinance. Carried by unanimous vote. NON CONSENT CALENDAR ELECTION NOV 2005 PROP `B' SALES TAX (505-17-1) 27. Resolution No. 2005-146: ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2005, RELATING TO APPROVAL OF AN ORDINANCE IMPOSING A ONE CENT TRANSACTIONS AND USE TAX (A SALES TAX) FOR CITY SERVICES, FACILITIES, AND PROGRAMS. (City Attorney) Book 87/Page 155 7/19/05 NON CONSENT CALENDAR (continued) ELECTION NOV 2005 PROP IT SALES TAX (505-17-1) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Parra, to adopt the Resolution. Carried by unanimous vote. ELECTION NOV 2005 PROP `B' SALES TAX (505-17-1) 28. Resolution No. 2005-147: CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2005 FOR THE PURPOSE OF SUBMISSION OF A BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. ELECTION NOV 2005 PROP `B' SALES TAX (505-17-1) 29. Resolution No. 148 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2005, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Parra, to adopt the Resolution. Carried by unanimous vote. ELECTION NOV 2005 PROP `B' SALES TAX (505-17-1) 30. Resolution No. 2005-149 AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE IMPOSING A ONE CENT TRANSACTIONS AND USE TAX (A SALES TAX) FOR CITY SERVICES, FACILITIES AND PROGRAMS. (City Attorney) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. Book 87/Page 156 7/19/05 NON CONSENT CALENDAR (continued) ELECTION NOV 2005 PROP `B' SALES TAX (505-17-1) ACTION: Motion by Natividad, seconded by Parra, to adopt the Resolution and appoint the Mayor and Vice -Mayor to serve on a committee to prepare the arguments. Carried by unanimous vote. NEW BUSINESS POLICE PUBLIC SAFETY CAMERA SYSTEM ADMIN (302-3-3) 31. City Of National City Public Safety Camera System. (Police) RECOMMENDATION: City Manager and Police Chief purchase the public safety camera system. TESTIMONY: John Webster, Chamber of Commerce President, spoke in support of the public safety camera project. Police Chief Gonzales introduced the members of the policy review committee. Officer Mosely, a policy review committee member, outlined the process and steps taken to develop the proposed policy. Police Lt. Boegler, made a PowerPoint presentation and responded to questions. ACTION: Motion by Morrison, seconded by Zarate, in favor of staff's recommendation. Carried by unanimous vote. LIBRARY (602-1-5) DONATIONS OF SURPLUS EQUIPMENT (209-1-3) 32. Disposition of Old Library Surplus Property. (City Manager) RECOMMENDATION: Waive the City policy on disposal of surplus property and provide an opportunity for our Sister City of Tecate and the City of Rosarito Beach, Mexico to have the surplus items, after the needs of the City Departments have been met. Any items not utilized by Tecate, or Rosarito Beach would then be provided to the Friends of the Library for auction. TESTIMONY: Gloria Bird, representing Friends of the National City Library, spoke against waiving the policy. Myrtle Rudesill, representing Friends of the National City Library, spoke in favor of the surplus property going to Friends of the Library and against waiving the policy. Book 87/Page 157 7/19/05 NEW BUSINESS (continued) LIBRARY (602-1-5) DONATIONS OF SURPLUS EQUIPMENT (209-1-3) ACTION: Motion by Natividad, seconded by Inzunza, that we dispose of all the old library surplus property; that the City Manager first inform all City Departments to claim anv of the property they have a use for, then the local 501C3 organizations be given an opportunity and that some of the property be given to Tecate and Rosarito Beach Mexico. An amendment was offered and accepted by the maker and second to, give our Sister City the same consideration as the 50103 organizations and that we formalize a relationship with Rosarito Beach prior to proceeding with them. Carried by unanimous vote. TAXICAB PERMIT ADMIN (203-4-1) 33. Consideration of Issuance of Additional Taxicab Permits and Medallions. (City Attorney) RECOMMENDATION: Provide direction to staff. TESTIMONY: Michael Anderson, West Coast Cab, spoke in favor additional permits. ACTION: Motion by Morrison, seconded by Inzunza, to direct staff to open up the process and come back with either a Request for Proposals or a Request for Qualifications. Carried by unanimous vote. The Joint Meeting of the Community Development Commission and the Parking Authority, meeting in Joint Session with the City Council was called to order at 8:30 p.m. COMMUNITY DEVELOPMENT ADMIN (406-2-2) JOINT PUBLIC HEARING: With the City Council, Community Development Commission, and Parking Authority, and Resolution of the City Council approving the Disposition and Development Agreement by and between the Community Development Commission, Parking Authority and ARE Holdings, LLC, for Development of The Cove at San Diego Bay Project; approving the Health & Safety Code Section 33433 report; Approving the Project Concept Plan; and making certain findings in connection herewith. See separate agenda of the Joint Meeting of the City Council, Community Development Commission, and Parking Authority for July 19, 2005 at 6:00 p.m. (Community Development Commission) Book 87/Page 158 7/19/05 COMMUNITY DEVELOPMENT ADMIN (406-2-2) JOINT PUBIC HEARING (continued) RECOMMENDATION: Conduct the hearing. TESTIMONY: Robert Matchinske, National City, spoke in opposition. Sam Ynzunza, representing A.R.E. Holdings, responded to questions. Tom Agelwitz, a principle with MW Steel Group, the project Architects, made a presentation on the proposed project. ACTION: Motion by Morrison, seconded by Natividadto close the hearing. Carried by unanimous vote. COMMUNITY DEVELOPMENT ADMIN (406-2-2) CONTRACT (C2005-51) 3. Resolution No. 2005-150: APPROVING THE HEALTH AND SAFETY CODE SECTION 33433 REPORT; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION, PARKING AUTHORITY, AND A.R.E HOLDINGS, LLC, FOR DEVELOPMENT OF THE COVE AT SAN DIEGO BAY PROJECT; APPROVING THE PROJECT CONCEPT PLAN; AND MAKING CERTAIN FINDINGS IN CONNECTION HEREWITH. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. The Joint Meeting of the Community Development Commission and the Parking Authority, meeting in Joint Session with the City Council was adjourned at 8:50 p.m. WRITTEN COMMUNICATIONS MAYOR ADM (102-14-2) 34. SUBJECT: Alpha Project — Progress Report on Homeless Services — June 2005. RECOMMENDATION: Accept and file. TESTIMONY: None. ACTION: Filed. Book 87/Page 159 7/19/05 NATIONAL CITY TRANSIT AUDIT / REPORTS (805-1-5) 35. SUBJECT: National City Transit Monthly Report - July 5, 2005 -John P. Webster Sr., General Manager, National City Transit. RECOMMENDATION: None. TESTIMONY: None. ACTION: Filed. 36. SUBJECT: Letter from Senator Dianne Feinstein congratulating National City on receiving an Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice. RECOMMENDATION: None. TESTIMONY: None. ACTION: Filed. COMMUNITY DEVELOPMENT LANDSCAPE DISTRICT NO. 1 (406-2-8) 37 Resolution No. 2005-151: APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Zarate, to adopt the Resolution. Carried by unanimous vote. COMMUNITY DEVELOPMENT LANDSCAPE DISTRICT NO. 1 (406-2-8) 38 Resolution No. 2005-152: DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT AND SEEETING A TIME AND PLACE FOR PUBLC MEETING AND A PUBLIC HEARING THERON. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Parra, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. CDC BUSINESS IMPROVEMENT DISTRICT — DOWNTOWN (406-2-11) 39 Resolution No. 2005-153: APPROVING THE ASSESSMENT ENGINEER'S REPORT AS OUTLINED IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FOR PROCEEDINGS Book 87/Page 160 7/19/05 CDC BUSINESS IMPROVEMENT DISTRICT— DOWNTOWN (406-2-11) 39 Resolution No. 2005-153: (continued) FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. CDC BUSINESS IMPROVEMENT DISTRICT— DOWNTOWN (406-2-11) 40 Resolution No. 2005-154: DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Inzunza, to adopt the Resolution. Carried by unanimous vote. STAFF Police Chief Adolfo Gonzales reported that last year the Police Department received over $400,000 in grants. MAYOR AND CITY COUNCIL Mayor Inzunza requestedthat staff prepare a mobile home park conversion ordinance. Student Commissioners recommended that the Council establish a youth advisory board to advise the City Council. Council Member Natividad reported on a recent accident at 14th and Euclid that resulted in a fatality; said he believes that the banners on Plaza Blvd should be removed and requested the Metro Water Agency be asked to make a future Council presentation. Council Member Parra thanked all the City Departments and staff for their help with the 4th of July celebration in the park. Book 87/Page 161 7/19/05 MAYOR AND CITY COUNCIL (continued) Vice Mayor Morrison reported that the essay contest sponsored by the Metropolitan Transit System was won by Student Council Representative Kelly Lan. Mr. Morrison requested that the City Attorney look into the issue of a sexual predators Ordinance for sex offenders living in the City. Due to the resignation of a Planning Commissioner, Vice Mayor Morrison suggested consideration be given to reducing the size of the commission back to seven and announced that he had been elected to the Executive Board of the National Council of Governments. Council Member Zarate said she was in favor of reducing the size of the Planning Commission. CLOSED SESSIONS 1. Conference with Labor Negotiators - Government Code Section 54957.6 a) Agency Designated Representatives: Alfredo Lopez, Ryan Hyland, Roger Post, Kathleen Trees, and Capt. Leonard Knight Employee Organization: Municipal Employees' Association b) Agency Designated Representatives: Alfredo Lopez, Ryan Hyland, Asst. Capt. Leonard Knight, Steve Berliner, Esq. Employee Organization: Police Officers' Association 2. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One Potential Case ACTION: Motion by Morrison, seconded by Inzunza, to go into closed session. Carried by unanimous vote. Members retired into Closed Session at 9:00 p.m. ADJORNMENT The meeting was adjourned to an Adjourned Meeting of the City Council to be held on July 26, 2005, at 6:00 p.m. at the Martin Luther King Jr. Community Center. The Next Regular City Council Meeting will be held on Tuesday, May 17, 2005, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 9:15 p.m. Book 87/Page 162 7/19/05 CITY C ERK The forgoing minutes were approved the Regular Meeting of September 20, 2005. CITY OF NATIONAL CITY ALL CITY COUNCIL MEETINGS ARE TAPE-RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK EXHIBIT 'A' TO: Mayor and City Council DATE: July 19, 2005 FROM: City Attorney SUBJECT: Off -Agenda Items for July 19, 2005 The Executive Director of the CDC has requested that four items pertaining to the levy of annual assessment for two assessment districts be added to the agenda. The two assessment districts — Landscape Maintenance District No. 1 (Mile of Cars), and the Downtown National City Property Business Improvement District were formed pursuant to the Landscaping and Lighting Act of 1972. The Act requires that an Assessment Engineer prepare a report describing the plans and specifications for improvements within the district, an estimate of the cost of the improvements, a diagram for the assessment district, and an assessment of the estimated costs of the improvements. After approving the Engineer's report, the Council must schedule a hearing to consider the proposed assessments, and to hear any protests. If the assessments are approved by the City Council, a resolution of approval must be filed with the County Auditor by August 15, 2005. Due to the August 15 deadline and the noticing requirements for the public hearing, the City Council must approve the Engineer's Report, and schedule an August 2 hearing, at this evening's meeting. These matters may be added to the agenda upon a motion, approved by a 4/5 vote, that the need to take action arose after the agenda was posted. If this motion is approved, the Council will be asked to approve the following resolutions: Landscape Maintenance District No. 1 (Mile of Cars) 1. RESOLUTION APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT 2. RESOLUTION DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE EXHIBIT `A' Downtown National City Property Business Improvement District 1 RESOLUTION APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT 2. RESOLUTION DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND A PUBLIC HEARING THEREON GEORGE H. EISER, III GHE/gmo City Attorney