HomeMy WebLinkAbout2005 08-16 CC MINBook 87/Page 174
8/16/05
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 16, 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, Juniel,
Kirkpatrick, Knight, Post, Saucedo, Trees, Wurbs, Yeoman.
Others present: City Treasurer George Hood, Student representatives
Yessenia Jurado and Michelle Luna Reynoso.
PUBLIC ORAL COMMUNICATIONS:
Maria Miramontes, Yolanda Escamilla, Heriberto Escamilla and Monica
Miramontes, all Lincoln Acres residents, expressed their concerns and
displeasure with the police involved shooting that occurred in their
community on August 14, 2005.
Alejandra Sotelo Solis, National City, spoke of the parking problems on the
west side particularly in the 300 block of West 12th Street and requested a
study be done to explore the problem and possible solutions.
Bertha Juarez, National Gity, spoke about the need for more light at the
softball field to make it safe for people going to their cars after dark when
the field lights are out.
PRESENTATION
PERSONNEL RECOGNITION / APPRECIATION ADM (604-2-1)
1. Employee of the Month Program — Ginny Orcutt, Executive Assistant
— City Attorney's Office, was recognized as Employee of the Month
of August 2005.
2. County Treasurer — Tax Collector's Annual Report 2005 — Dan
McAllister.
Mayor Inzunza took -up Item Nos. 22 and 25.
Book 87/Page 175
8/16/05
ORDINANCE FOR INTRODUCTION
NCMC (506-2-20)
22. 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
FOR "DEFERRED DEPOSIT TRANSACTION BUSINESSES", ALSO
KNOWN AS "PAYDAY LENDERS," AND REPEALING ORDINANCE
NO. 2004-2254. (City Attorney)
ACTION: Mayor Inzunza requested the item be continued to
allow time for the Council Committee to review the proposed
Ordinance. Motion by Zarate, seconded by Morrison, to
continue for 30 to 60 days. Carried by unanimous vote.
CONDITIONAL USE PERMITS 2003 (403-18-1)
25. Public Hearing — Modification of a Conditional Use Permit for
Cornerstone Church at 1920 Sweetwater Road to expand church
services and add a school and adult day care. (Applicant: Pastor
Sergio De La Mora) (Case File No.: MI-CUP-2003-20) (Planning)
RECOMMENDATIONS: Approve the modification.
TESTIMONY: Pastor De La Mora, thanked the City Council
and Staff for their confidence and support and spoke in favor.
ACTION: Motion by Natividad, seconded by Morrison, to
approve with clarification that Condition Number 8 requires
exterior improvements to be complete prior to commencing
school or day-care activities and that Condition Number 9
requires both submittal and `implementation' of the exterior
illumination plan prior to commencing the new approved uses.
Carried by unanimous vote.
A recess was called at 7:10 p.m.
The meeting reconvened at 7:20 p.m. All members were present.
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 3 (Approval of the
Minutes for the Special Meeting of May 3, 2005 and the Regular Meeting
of June 21, 2005), Item No. 4 (NCMC), Items No. 5 through 14 (Resolution
Nos. 2005-173 through 2005-181), Item Nos. 15 through 17 (Warrant
Registers), Item No. 18. Request to use the MLK Community Center.
Motion by Natividad, seconded by Parra, Item Nos. 5 and 12 be pulled, the
remainder of the Consent Calendar be approved. Carried by unanimous
vote.
Book 87/Page 176
8/16/05
APPROVAL OF THE MINUTES
3. Approval of the Minutes of the Special Meeting of May 3, 2005 and
the Regular Meeting of June 7, 2005.
ACTION: Approved. See above.
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 (C95-5)
5. Resolution No. 2005-172: AUTHORIZING THE MAYOR TO SIGN
THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT FOR HEARTLAND COMMUNICATIONS. (Fire)
ACTION: Motion by Zarate, seconded by Inzunza, to
approve. Carriedby unanimous vote.
CONTRACT (C2005-51)
6. Resolution No. 2005-173: AUTHORIZING THE MAYOR OF
NATIONAL CITY TO EXECUTE THE CALIFORNIA
IDENTIFICATION USER AGREEMENT BETWEEN THE COUNTY
OF SAN DIEGO AND THE CITY OF NATIONAL CITY. (Police)
ACTION: Adopted. See above.
CONTRACT (C2005-15)
7. Resolution No. 2005-174: APPROVING ADDITIONAL INSPECTION
SERVICES SUPPLEMENTAL AGREEMENT WITH TETRA TECH,
INC. IN THE AMOUNT OF $9,818 FOR NATIONAL CITY
BOULEVARD, 7T" STREET TO 12T" STREET IMPROVEMENTS,
SPEC NO. 4-12 AND AUTHORIZING THE CITY ENGINEER TO
APPROVE AND SIGN THE CHANGE ORDER. (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2001-14).
8. Resolution No. 2005-175: APPROVING A SUPPLEMENTAL
AGREEMENT FOR ADDITIONAL CIVIL ENGINEERING DESIGN
SERVICES WITH BDS ENGINEERING, INC. IN THE AMOUNT OF
$88,620 FOR THE NATIONAL CITY SANITARY SEWER
REHABILITATION ON 22ND STREET AND AUTHORIZING THE
CITY ENGINEER TO SIGN THE AGREEMENT. (Engineering)
Book 87/Page 177
8/16/05
CONTRACT (C2001-14)
8. Resolution No. 2005-175: (continued)
ACTION: Adopted. See above.
CONTRACT (C2004-40)
9. Resolution No. 2005-176: TO APPROVE CONTRACT CHANGE
ORDER NUMBER 2, ACCEPT THE WORK AND AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL
CITY RESURFACING PROJECT FY 03-04, SPEC NO. 03-11 IN
THE AMOUNT OF $33,238.72 WITH FRANK AND SON PAVING,
INC., FOR COSTS ATTRIBUTABLE TO DETERIORATED
CONDITIONS IN THE BASE AND PAVEMENT AND
REPLACEMENT OF EXPANSIVE SOIL BASE MATERIAL ON E.
16TH AND L AVENUE TO N AVENUE AND. AUTHORIZING THE
CITY ENGINEER TO SIGN THE CHANGE ORDER. (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2003-51)
10. Resolution No. 2005-177: AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC.,
IN THE AMOUNT OF $200,000 IN ORDER TO CONTINUE
PROVIDING THE CITY WITH ENGINEERING AND
ENVIRONMENTAL SERVICES, AND ASSIST IMPLEMENTING
NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT REQUIREMENTS. (Engineering)
ACTION: Adopted. See above.
CONTRACT (C2005-52)
11. Resolution No. 2005-178: APPROVING AN AGREEMENT WITH
RICHARD BECKER SCULPTURE FOR $70,000 TO DESIGN,
FABRICATE AND INSTALL AN ART PIECE ON THE PROPERTY
OF NATIONAL CITY'S MAIN FIRE STATION #34. (Community
Services)
ACTION: Adopted. See above.
CONTRACT (C2005-53)
12. Resolution No. 2005-179: AWARDING A CONTRACT TO MJC
CONSTRUCTION, INC., IN THE AMOUNT OF $1,008,900, FOR
THE CONSTRUCTION OF THE FIRST PHASE OF THE PARADISE
CREEK EDUCATIONAL PARK PROJECT, SPECIFICATION 04-5.
(Public Works/Community Service)
Book 87/Page 178
8/16/05
CONTRACT (C2005-53)
12. Resolution No. 2005-179: (continued)
TESTIMONY: Community Services Director Leslie Deese,
announced that the City was notified today that its Grant
Application to the Metropolitan Water District for $75,000 for
Paradise Creek was approved.
ACTION: Motion by Zarate, seconded by Inzunza, to approve
the resolution. Carried by unanimous vote.
CONTRACT (C2005-54)
13. Resolution No. 2005-180: AUTHORIZING THE MAYOR TO SIGN
FREEWAY MAINTENANCE AGREEMENT 11-8282 BETWEEN THE
CITY AND THE STATE OF CALIFORNIA, BY AND THROUGH ITS
DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE
OF PORTIONS OF THE BIKE PATH OVER AND ADJACENT TO
THE SWEETWATER RIVER CHANNEL ON THE WEST SIDE OF
INTERSTATE 5 AND WITHIN THE CITY OF NATIONAL CITY.
(Public Works)
ACTION: Adopted. See above.
PERS ADMINISTRATION (202-3-1)
14. Resolution No. 2005-181: REQUESTING THAT THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (CALPERS) WAIVE THE
960-HOUR RULE AND ALLOW A TEMPORARY EMPLOYMENT
EXTENSION FOR INTERIM FINANCE DIRECTOR BILL
YEOMANS. (Human Resources)
ACTION: Adopted. See above.
WARRANT REGISTER 2005 (202-1-20)
15. Warrant Register No. 03 Ratification of Demands in the amount of
$2,375,437.51. (Finance)
ACTION: Adopted. See above.
WARRANT REGISTER 2005 (202-1-20)
16 Warrant Register No. 04 Ratification of Demands in the amount of
$590,625.65. (Finance)
ACTION: Adopted. See above.
WARRANT REGISTER 2005 (202-1-20)
17. Warrant Register No. 05 Ratification of Demands in the amount of
$1,722,961.86. (Finance)
ACTION: Adopted. See above
Book 87/Page 179
8/16/05
MARTIN LUTHER KING, JR. COMMUNITY CENTER (1101-5-1)
18. SUBJECT: Request to use the Martin Luther King, Jr. Community
Center by the National City Collaborative and waiver of fees for their
"Neighborhood Resource Fair" on September 22, 2005. (Community
Services)
RECOMMENDATION: In favor of the request and waiver of all
fees due to the nature of the event and the benefit to the
community.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Parra, to
approve. Carried by unanimous vote
ACTION ITEMS
TEMPORARY USE PERMIT 2005 (203-1-21)
19. SUBJECT: 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 subject to compliance with all
conditions of approval.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Morrison, to
deny the TUP. Carried by unanimous vote.
TEMPORARY USE PERMIT 2005 (203-1-21)
20. SUBJECT: St. Mary's Catholic Church Fall Festival/Fund Raiser
October 9, 2005, at 8th Street and E Ave. (Building & Safety)
RECOMMENDATION: Approve subject to compliance with all
conditions of approval.
TESTIMONY: None.
ACTION: Motion by Parra, seconded by Zarate, to approve
with no waiver of fees. Carried by unanimous vote.
TEMPORARY USE PERMIT 2005 (203-1-21)
21. SUBJECT: American Diabetes Association, Feria; Unidos Contra La
Diabetes, November 6, 2005 at Kimball Park 10 a.m. to 3 p.m.
(Building & Safety)
RECOMMENDATION: Approve subject to compliance with all
conditions of approval.
TESTIMONY: None.
ACTION: Motion by Zarate, seconded by Parra, to approve.
Carried by unanimous vote.
Book 87/Page 180
8/16/05
ORDINANCE FOR INTRODUCTION
NCMC (506-2-20)
22. 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
FOR "DEFERRED DEPOSIT TRANSACTION BUSINESSES", ALSO
KNOWN AS "PAYDAY LENDERS," AND REPEALING ORDINANCE
NO. 2004-2254. (City Attorney)
ACTION: Continued for 30 to 60 days. See above.
ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1)
23. Resolution No. 2005-182: PLAZA BOULEVARD WIDENING
PROJECT STATUS REPORT AND RESOLUTION OF THE CITY
COUNCIL OF NATIONAL CITY APPROVING AND AUTHORIZING
THE CITY ENGINEER AND PLANNING DIRECTOR TO EXECUTE
THE INITIAL STUDY WITH PROPOSED MITIGATED NEGATIVE
DECLARATION/ENVIRONMENTAL ASSESSMENT WITH A
FINDING OF NO SIGNIFICANT IMPACT. (Engineering)
RECOMMENDATION: Adopt the .Resolution.
TESTIMONY: Chris Johnson from Dokken Engineering made
a presentation and responded to questions.
ACTION: Motion by Parra, seconded by Natividad, to adopt
the Resolution. Carried by unanimous vote.
COUNCIL POLICY MANUAL (102-13-1)
24. Resolution No. 2005-183: ADDING POLICY NUMBER 711 TO THE
CITY COUNCIL POLICY MANUAL, ESTABLISHING A POLICY FOR
THE ISSUANCE OF TAXICAB PERMITS AND MEDALLIONS. (City
Attorney)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Michel Anderson, West Coast Cab, thanked the
City Council for their support.
ACTION: Motion by Morrison, seconded by Parra, to adopt
the Resolution. Carried by unanimous vote
PUBLIC HEARING
CONDITIONAL USE PERMIT 2005 (403-19-1)
25. Public Hearing — Modification of a Conditional Use Permit for
Cornerstone Church at 1920 Sweetwater Road to expand church
services and add a school and adult day care. (Applicant: Pastor
Sergio De La Mora) (Case File No.: MI-CUP-2003-20) (Planning)
ACTION: Approved. See above.
Book 87/Page 181
8/16/05
NEW BUSINESS
METRO WASTEWATER JOINT POWERS AUTH ADMIN (101-39-1)
26. Metro JPA Representative Councilman Natividad — Report to the
Council (Report by Public Works Director Robert Saucedo and
Wastewater Maintenance Supervisor Joe Smith.
ACTION: Filed.
Mayor Inzunza left the Chamber at 7:52 p.m., during consideration of Item
No. 26.
VARIANCES 2005 (409-1-39)
27. Notice of Decision — Zone variance for less than required drive aisle
widths in the parking lot at the Sweetwater Town and Country
Shopping Center. (Applicant: Pedro Garcia) (Case File No.: Z-2005-
2) (Planning)
RECOMMENDATION: File the Notice of Decision.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Parra, to file.
Carried by unanimous vote. Absent: Inzunza
CONDITIONAL USE PERMITS 2005 (403-20-1)
28. Notice of Decision — Planning Commission approval of a Conditional
Use Permit for a wireless communications facility in an existing
shopping center at 1035 Harbison Avenue. (Applicant: NEXTEL
Communications — Tim Kolset) (Case File CUP-2005-3) (Planning)
RECOMMENDATION: File the Notice of Decision.
TESTIMONY: None.
ACTION: Motion by Natividad, seconded by Parra, to
approve. Carried by unanimous vote. Absent: Inzunza.
NATIONAL CITY TRANSIT AUDIT (805-1-5)
29. National City Transit Monthly Report — August — 2005 (John P.
Webster, Sr., General Manager, National City Transit)
RECOMMENDATION: File.
TESTIMONY: None.
ACTION: Filed.
STAFF - No Report.
Book 87/Page 182
8/16/05
MAYOR AND CITY COUNCIL
Councilmember Natividad complimented the CDC staff for planting 100
trees along Highland Avenue.
Vice Mayor Morrison reminded everyone about the upcoming Saturday
clean-up and presented a check for $15,110 to the City Manager from the
Regional Solid Waste Authority (RSWA).
Councilmember Zarate commented on the absence of an invocation at the
dedication of the new library.
Councilmember Parra requested that the meeting be adjourned in memory
of long-time resident and former Police Reserve Jim Gorham and National
City resident and business owner Eva Winchell.
CLOSED SESSIONS
1. Conference with Legal Counsel — Existing Litigation — Government
Code 54956.9(a). Rene Love v. City of National City, et. al.
San Diego Superior Court Case No. GIS 17929
2. Conference with Legal Counsel — Anticipated Litigation- Initiation of
Litigation Pursuant to Government Code Section 54956.9(c), two Potential
Cases.
ACTION: Motion by Zarate, seconded by Parra, to go into closed session.
Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra,
Zarate. Nays: None. Absent: Inzunza. Abstaining: None.
ADJOURNMENT
The meeting was adjourned to an Adjourned Regular Meeting to be held
on Tuesday, August 23, 2005, at 6:00 p.m., Council Chambers, Civic
Center. The meeting was adjourned in memory of long-time resident and
former Police Reserve Jim Gorham and National City resident and
business owner Eva Winchell.
The Next Regular City Council Meeting will be held on Tuesday,
September 6, 2005, at 6:00 p.m., Council Chambers, Civic Center.
The meeting closed at 8:08 p.m.
Book 87/Page 183
8/16/05
A /Y b fP
CITY LERK
The forgoing minutes were approved at the Regular Meeting of October
18, 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