HomeMy WebLinkAbout2005 08-02 CC MINBook 87/Page 163
8/2/05
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
August 2, 2005
The Regular Meeting of the City Council of the City of National City was
called to order at 4:05 p.m. by Vice Mayor Ron Morrison.
ROLL CALL
Councilmembers present: Inzunza (4:20 p.m.), Morrison, Natividad, Parra,
Zarate.
Administrative officials present: Campbell, Dalla, Deese, Eiser,
Gaonzales, Hodges, Juniel, Post, Saucedo, Wurbs, Yeomen, Zapata.
PUBLIC ORAL COMMUNICATIONS
Cat Morse, representing the International Parade and Fair, invited the
Mayor and Council to ride in the 1st Annual Parade.
Mark Greene, National City, spoke in support of a business license for the
proposed used car lot at 1807 National City Blvd. The matter was referred
to staff.
Shawn Summers, spoke in support of the used car business at 1807
National City Blvd.
PROCLAMATIONS (102-2-1)
Proclaiming Sunday, August 7, 2005 as: "NATIONAL KIDSDAY IN
NATIONAL CITY"
ACTION: May Inzunza reported that the Proclamation had been
previously presented.
PRESENTATION
PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1)
1. Recognizing Paco Barajas for the work he has done in the
community - (held over to a later date).
2. Public Arts Plan — Susanna Peredo.
3. Historical Society Presentation — Janice Martinelli.
Book 87/Page 164
8/2/05
PRESENTATION (continued)
4. County Water Authority - Desalination.
5. CARE Committee Report — Walter Amedee (Chairman).
Mayor Inzunza left the Chamber at 5:41 p.m.
Vice Mayor Morrison took control of the meeting.
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 6 (Approval of the
Minutes of the Regular Meeting Of May 17, 2005), Item No. 7 (NCMC),
Item Nos. 8 through 18 (Resolution Nos. 2005-157 through 2005-167),
Item Nos. 19 through 23 (Temporary Use Permits), Nos. 24 and 25
(Warrant Registers 1 and 2). Motion by Parra, seconded by Zarate, to pull
Items 14, 15, 17, 19, 20 and 22 and approve the remainder of the Consent
Calendar. Carried by the following vote, to wit: Ayes: Morrison,
Natividad, Parra. Nays: None. Absent: Inzunza. Abstain: None.
APPROVAL OF THE MINUTES
6. Approval of the Minutes of the of the Regular Meeting of May 17,
2005.
ACTION: Approved. See above.
NCMC (506-2-20)
7. 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 (C2005-44)
8. Resolution No. 2005-157: AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT IN THE AMOUNT OF $289,009 WITH
REYES ARCHITECT, INC. TO PROVIDE DESIGN AND
CONSTRUCTION ADMINISTRATION SERVICES FOR THE
NATIONAL CITY ART CENTER PROJECT. (Engineering)
ACTION: Approved. See above.
Book 87/Page 165
8/2/05
CONSENT CALENDAR (continued)
CONTRACT (C2004-34)
9. Resolution No. 2005-158: APPROVING CHANGE ORDER NUMBER
THREE TO HMS CONSTRUCTION, INC. FOR SWEETWATER
ROAD AT CALMOOR STREET AND FAIRLOMAS DRIVE TRAFFIC
SIGNAL INSTALLATION, SPEC. NO. 03-10 IN THE AMOUNT OF
$2,421.66 FOR COMPLIANCE WITH STATE ENERGY
COMMISSION EFFICIENCY STANDARDS FOR TRAFFIC SIGNAL
LIGHTS AND AUTHORIZING THE CITY ENGINEER TO APPROVE
AND SIGN THE CHANGE ORDER. (Engineering)
ACTION: Approved. See above.
CONTRACT (C2004-54)
10. Resolution No. 2005-159: ACCEPTING THE WORK AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE NATIONAL CITY — CITY HALL REMODEL PROJECT FOR
ENGINEERING AND HUMAN RESOURCES. (Engineering)
ACTION: Approved. See above.
SUBDIVISION ADM (415-1-1)
11. Resolution No. 2005-160: APPROVE, ACCEPT AND RECORD THE
FINAL SUBDIVISION MAP LOCATED AT 26TH STREET AND "D"
AVENUE. (CONVERSION 01= RESIDENTIAL REAL PROPERTY TO
CONDOMINIUM PROJECTS-2004-4, CUP-2004-5) (Engineering)
ACTION: Approved. See above.
PARKING ADMIN 2005 (801-2-25)
12. Resolution No. 2005-161: AUTHORIZING THE CITY ENGINEER TO
ESTABLISH TWO THREE-FOOT RED "NO PARKING" ZONES ON
BOTH SIDES OF THE DRIVEWAY AT 104 E. 4TH STREET. (M.
MENDOZA, TSC ITEM NO. 2005-22) (Engineering)
ACTION: Approved. See above.
PARKING ADMIN 2005 (801-2-25)
13. Resolution No. 2005-162: AUTHORIZING THE CITY ENGINEER TO
ESTABLISH A 25-FOOT RED "NO PARKING" ZONE NORTH OF
THE DRIVEWAY AT 301 W. 30TH STREET. (D. BARNETT, TSC NO.
2005-23). (Engineering)
ACTION: Approved. See above.
Book 87/Page 166
8/2/05
CONSENT CALENDER (continued)
CONTRACT (C2005-45)
14. Resolution No. 2005-163: AUTHORIZING THE MAYOR TO
EXECUTE A LEASE AGREEMENT WITH NEW CINGULAR
WIRELESS, PCS, LLC FOR THE INSTALLATION AND OPERATION
OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN
SWEETWATER HEIGHTS PARK. (City Attorney)
ACTION: Motion by Zarate, Seconded by Parra, to approve
the Resolution. Carried by the following vote, to wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None Absent:
Inzunza. Abstain: None.
CONTRACT (C2005-46)
15. Resolution No: 2005-164 AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE UNIFIED PORT. OF SAN
DIEGO ON A REIMBURSABLE BASIS NOT TO EXCEED $22,500
FOR A MUSICAL CONCERT PROGRAM TO BE HELD AT PEPPER
PARK ON PORT OF SAN DIEGO PROPERTY. (Community
Services)
ACTION: Motion by Natividad, Seconded by Parra, to
approve the Resolution. Carried by the following vote, to wit:
Ayes: Morrison, Natividad, Parra, Zarate. Nays: None.
Absent: Inzunza. Abstain: None.
CONTRACT (C2005-47)
16. Resolution No. 2005-165: ACCEPTING THE LOWEST
RESPONSIVE, RESPONSIBLE BID FROM PIERCE
MANUFACTURING, INC. AND AUTHORIZING THE PURCHASE OF
ONE TRIPLE COMBINATION FIRE TRUCK PUMPER FOR THE
FIRE DEPARTMENT IN THE AMOUNT OF $359,999.22 TO BE PAID
VIA A 5-YEAR LEASE/PURCHASE AGREEMENT. (Purchasing)
ACTION: Approved. See above.
CONTRACT (C2005-48)
17. Resolution No. 2005-166: AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE SAULSBURY HILL
FINANCIAL FOR LEASE FINANCING FOR THE PURCHASE OF A
TRIPLE COMBINATION PUMPER FOR THE FIRE DEPARTMENT.
(Finance)
Book 87/Page 167
8/2/05
CONSENT CALENDAR (continued)
CONTRACT (C2005-48)
17. Resolution No. 2005-166 (continued)
ACTION: Motion by Natividad, Seconded by Parra, to
approve the Resolution. Carried by the following vote, to wit:
Ayes: Morrison, Natividad, Parra, Zarate. Nays: None.
Absent: Inzunza. Abstain: None.
CONTRACT (C2005-49)
18. Resolution No. 2005-167: AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL
CITY AND PRINCIPAL DECISION SYSTEMS INTERNATIONAL TO
PURCHASE TELESTAFF SOFTWARE LICENSES UTILIZING FY04
URBAN AREA SECURITY INITIATIVE GRANT FUNDS. (Fire)
ACTION: Approved. See above.
TEMPORARY USE PERMIT 2005 (203-1-21)
19. SUBJECT: Temporary Use Permit - National City Middle School -
Use of Kimball Park for a Physical Education Program — July 2005
to June 2006. (Building & Safety)
RECOMMENDATION: Approve the Application for a Temporary
Use Permit subject to compliance with all conditions of approval and
grant the waiver of fees.
TESTIMONY: The Assistant Principle and two un-named
speakers spoke in favor.
ACTION: Motion by Natividad, Seconded by Parra, to
approve with an added condition calling for a review every
three months. Carried by the following vote, to wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None. Absent:
Inzunza. Abstain: None.
TEMPORARY USE PERMIT 2005 (203-1-21)
20. SUBJECT: Temporary Use Permit - Apostolic Assembly Church
temporary trailers — August 3, 2005 to September 1, 2006 at 125
Palm Avenue, National City, CA 91950. (Building & Safety)
RECOMMENDATION: Approve the Application for a Temporary
Use Permit subject to compliance with all conditions of approval
and an added condition that construction begins by January 1, 2006.
TESTIMONY: Reverend Robert Dominguez, appeared on
behalf of the Church.
Book 87/Page 168
8/2/05
TEMPORARY USE PERMIT 2005 (203-1-21)
20. SUBJECT: Temporary Use Permit (continued)
ACTION: Motion by Parra, Seconded by Zarate, to approve
with an added condition that construction begins by January 1,
2006. Carried by the following vote, to wit: Ayes: Morrison,
Natividad, Parra, Zarate. Nays: None Absent: Inzunza
Abstain: None.
TEMPORARY USE PERMIT 2005 (203-1-21)
21. SUBJECT: Temporary Use Permit - 3rd Year Anniversary Event at
Value Car, Inc., August 12-15, 2005 and September 2-6, 2005 at 13
National City Boulevard from 10 a.m. to 8 p.m. (Building & Safety)
RECOMMENDATION: Approve the Application for a Temporary
Use Permit subject to compliance with all conditions of approval.
TESTIMONY: None.
ACTION: Motion by Parra, Seconded by Zarate, to approve.
Carried by unanimous vote.
TEMPORARY USE PERMIT 2005 (203-1-21)
22. SUBJECT: Temporary Use Permit - Common Man Wealth
Industries/Kids Say Nope to Dope — Nope to Dope Park Rally —
Saturday, August 27, 2005, 11 a.m. to 4 p.m. at Las Palmas Park.
(Building & Safety)
RECOMMENDATION: Approve the new date for the event.
TESTIMONY: None.
ACTION: Motion by Natividad, to continue for two weeks.
There was no vote.
TEMPORARY USE PERMIT 2005 (203-1-21)
23. SUBJECT: Temporary Use Permit - Pinery Christmas Trees
Pumpkin Station at Bonita Plaza, Friday, September 30, 2005, to
October 31, 2005,.10 a.m. to 9 p.m. at Bonita Plaza Mall adjacent to
Outback Steakhouse. (Building & Safety)
RECOMMENDATION: Approve the Application for a Temporary
Use Permit subject to compliance with all conditions of approval.
TESTIMONY: None.
ACTION: Motion by Parra, Seconded by Zarate, to approve.
Carried by unanimous vote.
Book 87/Page 169
8/2/05
WARRANT REGISTER 2005 (202-1-20)
24. Warrant Register No. 01. Ratification of Demands in the amount of
$2,347,799.56. (Finance)
ACTION: Ratified. See Above.
WARRANT REGISTER 2005 (202-1-20)
25. Warrant Register No. 02. Ratification of Demands in the amount of
$432,181.12. (Finance).
ACTION: Ratified. See above.
ORDINANCES FOR ADOPTION
NCMC (506-2-20)
26. 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)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: - None.
ACTION: Motion by Natividad, seconded by Parra, to adopt
Ordinance No. 2005-2271. Carried by unanimous vote.
NCMC (506-2-20)
27. 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)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: - None.
ACTION: Motion by Parra, seconded by Natividad, to adopt
Ordinance No. 2005-2272. Carried by unanimous vote.
Book 87/Page 170
8/2/05
NON CONSENT CALENDAR
CONTRACT (C2005-50)
28. Resolution No. 168: AUTHORIZING ACCEPTANCE OF A
DONATED LEASED VOLKSWAGEN BEETLE FROM SOUTH BAY
VOLKSWAGEN FOR USE: BY THE NATIONAL CITY PUBLIC
LIBRARY. (Library)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: - None.
ACTION: Motion by Parra, Seconded by Zarate, to approve.
Carried by unanimous vote.
PUBLIC HEARINGS
SEWER CAPACITY / FEES ADMIN (906-1- 4)
29. PUBLIC HEARING TO CONSIDER THE REPORT REQUIRED BY
HEALTH AND SAFETY CODE SECTION 5473, ET SEQ.
PERTAINING TO THE COLLECTION OF SEWER CHARGES ON
THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID
REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND
DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE
SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE
CHARGE FUND." (Public VVorks)
RECOMMENDATION: Hold the Public Hearing.
TESTIMONY: - None.
ACTION: Motion by Natividad, Seconded by Parra, to close
the hearing. Carried by the following vote, to wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None. Absent:
Inzunza. Abstain: None.
COMMUNITY DEVELOPMENT LANDSCAPE DISTRICT NO. 1 (406-2-8)
30. PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR
COSTS OF MAINTENANCE LANDSCAPE DISTRICT NO. 1 (LMD)
— "MILE OF CARS" (Community Development Commission)
RECOMMENDATION: Approve the Resolution
TESTIMONY: - None
ACTION: Motion by Natividad, Seconded by Zarate, to close
the hearing. Carried by the following vote, to wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None.
Absent: Inzunza. Abstain.
Book 87/Page 171
8/2/05
CDC BUSINESS IMPROVEMENT DISTRICT — DOWNTOWN (406-02-11)
31. PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR
COSTS OF THE DOWNTOWN NATIONAL CITY PROPERTY
BUSINESS IMPROVEMENT DISTRICT. (Community Development
Commission)
RECOMMENDATION: Approve the Resolution
TESTIMONY: - None
ACTION: Motion by Parra, Seconded by Natividad, to close
the hearing. Carried by the following vote, to wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None. Absent:
Inzunza. Abstain: None.
SEWER CAPACITY / FEES ADMIN (906-1- 4)
32. Resolution No. 2005-169: ADOPTING THE REPORT REQUIRED
BY HEALTH AND SAFETY CODE SECTION 5473, ET SEQ.
PERTAINING TO THE COLLECTION OF SEWER CHARGES ON
THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID
REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND
DIRECTING THE FINANCE: DIRECTOR TO CERTIFY WITH THE
SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE
CHARGE FUND." (Public Works)
RECOMMENDATION: Adopt the Resolution
TESTIMONY: - None.
ACTION: Motion by Natividad, Seconded by Parra, to adopt
the Resolution. Carried by the following vote, to wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None.
Absent: Inzunza. Abstain: None.
COMMUNITY DEVELOPMENT LANDSCAPE DISTRICT NO. 1 (406-2-8)
33. Resolution No. 2005-170: CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF THE
ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE
DISTRICT. (Community Development Commission)
RECOMMENDATION: Adopt: the Resolution.
TESTIMONY: - None.
ACTION: Motion by Parra, Seconded by Zarate, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None. Absent:
Inzunza. Abstain: None.
Book 87/Page 172
8/2/05
CDC BUSINESS IMPROVEMENT DISTRICT — DOWNTOWN (406-02-11)
34. Resolution No. 2005-171: CONFIRMING THE ASSESSMENT AND
ENGINEER'S REPORT AND PROVIDING FOR THE LEVY OF THE
ANNUAL ASSESSMENT IN THE DOWNTOWN NATIONAL CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT. (Community
Development)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: - None.
ACTION: Motion by Parra, Seconded by Zarate, to adopt the
Resolution. Carried by the following vote, to wit: Ayes:
Morrison, Natividad, Parra, Zarate. Nays: None Absent:
Inzunza. Abstain: None.
NEW BUSINESS
COMMUNITY DEVELOPMENT LANDSCAPE DISTRICT NO. 1 (406-2-8)
35. SUBJECT: Report: Submission of Fiscal Year 2005-2006 Mile Of
Cars Association Annual Budget and Board Members. (Community
Development Commission)
RECOMMENDATION: Accept and file report.
TESTIMONY: - None.
ACTION: Filed.
CDC BUSINESS IMPROVEMENT DISTRICT — DOWNTOWN (406-02-11)
36. SUBJECT: Report: Submission Of Fiscal Year 2005-2006
Downtown National City Property Business Improvement District
Annual Budget and Board Members. (Community Development
Commission)
RECOMMENDATION: Accept and file.
TESTIMONY: - None.
ACTION: Filed.
STAFF- No Report.
MAYOR AND CITY COUNCIL- None.
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 Captain Leonard Knight
Employee Organization: Municipal Employees' Association
Book 87/Page 173
8/2/05
2. Conference with Legal Counsel - Existing Litigation - Government
Code 54956.9(a)
a) Antonio Flores, et al, v. City of National City, et al.
United States District Court, Southern District of California, Case
No. 04CV23371 EG (NLS)
b) Rene Love v. City of National City, et al
San Diego Superior Court Case No. GIS 17929
3. Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section
54956.9(c). One potential case.
RECOMMENDATION: Closed Session Items Numbered 2 (b) and 3
not be considered at tonight's meeting.
ACTION: Motion by Parra, seconded by Zarate, to go into Closed
Session for Item No. 1(a). Carried by the following vote, to -wit:
Ayes: Morrison, Natividad, Parra, Zarate. Nays: None. Absent:
Inzunza. Abstain.
Members retired into Closed Session at 6:21 p.m.
ADJOURNMENT
The meeting was adjourned to the Next Regular City Council Meeting to be
held on Tuesday, August 16, 2005, at 6:00 p.m., Council Chambers, Civic
Center.
The meeting was adjourned in honor of Mr. Donnie Servantius, the father
of Street Maintenance Supervisor Jeff Servatius.
a
The forgoing minutes were approved a the Regular Meeting of fSeptember
20, 2005
MAYOR
CITY OF NATIONAL CITY