HomeMy WebLinkAbout2011 09-06 CC CDC MINBook 93 / Page 236
09-06-2011
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
September 6, 2011
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:11 p.m. by Mayor /
Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Natividad, Rios, Sotelo-Solis,
Zarate.
Administrative Officials present: Dalla, Deese, Duong, Gonzales, Parra,
Raulston, Silva, Smith, Stevenson, Williams, Zapata.
Others present: City Treasurer Mitch Beauchamp and Student Representatives
Aileen Horta and Leemaylin Avila.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC ORAL COMMUNICATIONS
Brian Clapper, on behalf of the Library Board of Trustees, provided an update on
the annual summer reading program held by the Library and expressed
appreciation on behalf of the Board to Trustees to Friends of the Library, Vice
Mayor Sotelo-Solis, Councilmember Rios and Children's Librarian Steve
Schimminger.
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS 2011 (102-10-6)
1. Update by Jess VanDeventer, National City Representative on San Diego
Metropolitan Transit System Board.
Book 93 / Page 237
09-06-2011
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS 2011 (102-10-6)
2. Presentation by AT&T of $600 donation to the outgoing Council Student
Representative Samantha Galicia for a laptop computer and introduction
of two Council Student Representatives. (Council initiated)
ACTION: Catharine Moore AT&T Representative, presented a
check to Samantha Galicia for a lap top computer.
Sweetwater High School Principal Ramon Del Rosario introduced
the two new Council Student Representatives, Aileen Horta and
Leemaylin Avila. Principal Del Rosario also announced that
Sweetwater High earned the highest gain in the County in their
State API student achievement score and exceeded the benchmark
goal of 800.
PROCLAMATION
PROCLAMATION ADMIN (102-2-1)
3. Proclaiming the month of September 2011 as: "NATIONAL
PREPAREDNESS MONTH"
INTERVIEWS AND APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
4. Interviews and Appointments — Various Boards & Commissions. (City
Clerk)
ACTION: Mr. Wayne English was interviewed.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 5 (Minutes), Item No. 6
(NCMC), Item Nos. 7 through 16 (Resolution Nos. 2011-188 through 2011-197),
Item Nos. 17 through 21 (TUP), Item Nos. 22 through 24 (Warrant Registers).
Motion by Zarate, seconded by Sotelo-Solis, to pull Item Nos. 7 and 17, and to
approve the remainder of the Consent Calendar. Carried by unanimous vote.
APPROVAL OF MINUTES
5. SUBJECT: Approval of the Minutes of the Regular City Council
/Community Development Commission Meeting of August 16, 2011 and
Special Meeting of August 24, 2011. (City Clerk)
ACTION: Approved. See above.
Book 93 / Page 238
09-06-2011
CONSENT CALENDAR (cont.)
MUNICIPAL CODE 2011 (506-2-26)
6. APPROVAL OF A MOTION TO WAIVE READING OF THE TEXT OF
THE 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.
PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32)
7. Resolution No. 2011-188. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF
THE RESIDENCE AT 2432 SEAWIND DRIVE. (Traffic Safety Committee
Item No. 2011-18) (Development Services/Engineering) **Continued from
Council Meeting of August 2, 2011**
ACTION: Motion by Rios, seconded by Zarate, to adopt the
Resolution. FAILED by the following vote, to -wit: Ayes: Rios,
Zarate. Nays: Morrison, Sotelo-Solis. Abstain: Natividad. Absent:
None.
PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32)
8. Resolution No. 2011-189. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF
THE RESIDENCE AT 14 E. 3RD STREET. (Traffic Safety Committee Item
No. 2011-22) (Development Services/Engineering)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2011 (801-2-32)
9. Resolution No. 2011-190. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF
20 FEET OF EXISTING RED CURB "NO PARKING" TO GREEN CURB
30-MINUTE PARKING, ADJACENT TO "LA CANASTA 99 CENTS AND
MORE" LOCATED AT 322 HIGHLAND AVENUE. (Traffic Safety
Committee Item No. 2011-21) (Development Services/Engineering)
ACTION: Adopted. See above.
Book 93 / Page 239
09-06-2011
CONSENT CALENDAR (cont.)
CONTRACT (C2010-54)
10. Resolution No. 2011-191. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED
BY OHNO CONSTRUCTION, INC. WITH THE FINAL AMOUNT OF
$626,708.25, AUTHORIZING THE FILING OF THE NOTICE OF
COMPLETION WITH THE COUNTY RECORDER, AND AUTHORIZING
FINAL PAYMENT (RETENTION) FOR THE NATIONAL CITY EL TOYON
SOCCER FIELD PROJECT, SPECIFICATION NO. 07-01. (Funded by
Parks and Recreation Capital Outlay, Sewer Services and Community
Development Block Grant funds) (Development Services/Engineering)
ACTION: Adopted. See above.
ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1)
11. Resolution No. 2011-192. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL COMMUNITY -BASED TRANSPORTATION
PLANNING (CBTP) GRANT DOCUMENTS REQUIRED BY CALTRANS
FOR PREPARATION OF A COMPREHENSIVE CITYWIDE
SUSTAINABLE TRANSPORTATION SYSTEMS PLAN TO ENHANCE
MOBILITY, ACCESS AND SAFETY, AND APPROPRIATING FUNDS
FOR THE PROJECT ($300,000 CBTP GRANT; $75,000 REQUIRED
GRANT MATCH AVAILABLE THROUGH 2011 TAX ALLOCATION BOND
(CAPITAL IMPROVEMENT) — GATEWAY & SIGNAGE
IMPROVEMENTS). (Development Services/Engineering)
ACTION: Adopted. See above.
GRANT / PUBLIC WORKS (206-4-23)
12. Resolution No. 2011-193. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING A GRANT AWARD FROM
THE CALIFORNIA DEPARTMENT OF RESOURCES AND RECOVERY
IN THE AMOUNT OF $15,378 TO PROVIDE A BEVERAGE CONTAINER
RECYCLING PROGRAM AND EQUIPMENT AS WELL AS PUBLIC
EDUCATION IN THE CITY OF NATIONAL CITY ELEMENTARY
SCHOOL DISTRICT. These programs are funded by the grant award and
have no impact to the General Fund. (Public Works)
ACTION: Adopted. See above.
Book 93 / Page 240
09-06-2011
CONSENT CALENDAR (cont.)
GRANT / PUBLIC SAFETY (206-4-27)
13. Resolution No. 2011-194. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING ACCEPTANCE OF
GRANT AWARD OF $103,429.00 FROM THE CALIFORNIA OFFICE OF
TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP) GRANT PROJECT TO CONDUCT DRIVING UNDER
THE INFLUENCE AND TRAFFIC RELATED ENFORCEMENT
OPERATIONS AND PURCHASE OF LIGHT DETECTION AND
RANGING (LIDAR) SPEED DETECTION DEVICES, PRELIMINARY
ALCOHOL SCREENING (PAS) DEVICES, LIGHT TOWER AND
GENERATOR, TRAFFIC TRAINING AND MISCELLANEOUS SUPPLIES.
(Police Department)
ACTION: Adopted. See above.
CONTRACT (C2011-39)
14. Resolution No. 2011-195. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A SERVICE AGREEMENT
BY AND BETWEEN THE CITY OF NATIONAL CITY, WILLIS
INSURANCE SERVICES OF CALIFORNIA, INC. AND PAYCHEX
BENEFIT TECHNOLOGIES, INC. DBA BENE TRAC FOR THE
PROCUREMENT AND DEPLOYMENT OF AN ELECTRONIC
ENROLLMENT AND ADMINISTRATIVE SYSTEM FOR GROUP
EMPLOYEE BENEFITS. (Human Resources)
ACTION: Adopted. See above.
COUNCIL POLICY MANUAL (102-13-1)
15. Resolution No. 2011-196. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ESTABLISHING A NEW CITY COUNCIL
POLICY NO. 402 PERTAINING TO DEVELOPMENT AGREEMENTS.
(City Attorney)
ACTION: Adopted. See above.
MUNICIPAL CODE 2011 (506-2-26)
16. Resolution No. 2011-197. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING
ISSUANCE OF A WRITTEN REPORT PERTAINING TO A
MORATORIUM ORDINANCE PROHIBITING NEW PAWNBROKER,
SECONDHAND, AND PRECIOUS METAL DEALING AND
ESTABLISHMENTS IN NATIONAL CITY. (City Attorney) **Companion
Items #25 & #27**
ACTION: Adopted. See above.
Book 93 / Page 241
09-06-2011
CONSENT CALENDAR (cont.)
TEMPORARY USE PERMITS 2011 (203-1-27)
17. Temporary Use Permit — Solid MC 2nd Annual Dance hosted by the
Sweetwater Harley Davidson at 3201 Hoover Avenue on September 10,
2011 from 8:30 pm to 1:30 am with no waiver of fees. (Neighborhood
Services Division)
ACTION: Motion by Natividad, seconded by Sotelo-Solis, to
approve the Temporary Use Permit. Carried by unanimous vote.
TEMPORARY USE PERMITS 2011 (203-1-27)
18. Temporary Use Permit — Request from North Star Gas LTD Company to
operate a temporary transfer site at 2101 Tidelands Avenue from
September 20, 2011 to September 20, 2012 with no waiver of fees.
(Neighborhood Services Division)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2011 (203-1-27)
19. Temporary Use Permit — Heart Revolution Conference 2011 sponsored by
Cornerstone Church of San Diego at 1914 Sweetwater Road on
September 22 thru September 30, 2011 from 5 p.m. to 10 p.m. with no
waiver of fees. (Neighborhood Services Division)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2011 (203-1-27)
20. Temporary Use Permit — Foodland Market's 20th Anniversary event hosted
by Dallo Enterprises at 303 Highland Avenue on September 25, 2011 from
11 a.m. to 7 p.m. with no waiver of fees. (Neighborhood Services
Division)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2011 (203-1-27)
21. Temporary Use Permit — St. Mary's Fall Festival & Fund Raiser hosted by
St. Mary's on October 2, 2011 at the parish grounds located on 426 E. 7t
Street from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood
Services Division)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
22. Warrant Register #5 for the period of 07/27/11 through 08/02/11 in the
amount of $6,955,043.68. (Finance)
ACTION: Ratified. See above
Book 93 / Page 242
09-06-2011
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
23. Warrant Register #6 for the period of 08/03/11 through 08/09/11 in the
amount of $1,655,600.06. (Finance)
ACTION: Ratified. See above
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
24. Warrant Register #7 for the period of 08/10/11 through 08/16/11 in the
amount of $1,760,424.63. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARING
MUNICIPAL CODE 2011 (506-2-26)
25. Public Hearing to consider adoption of an Interim Ordinance of the City
Council of the City of National City pursuant to Government Code Section
65858 as an Urgency Measure to take effect immediately, enacting a
Moratorium prohibiting new pawnbroker, secondhand, and precious metal
dealing and establishments in National City. (City Attorney) **Companion
Items #16 & #27**
RECOMMENDATION: Hold Public Hearing.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to close the
Public Hearing. Carried by unanimous vote.
ORDINANCE FOR INTRODUCTION
MUNICIPAL CODE 2011 (506-2-26)
26. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE
BY AMENDING SECTION 6.04.140 PERTAINING TO BUSINESS TAX
LICENSES TO BE CONSISTENT WITH REGULATORY CODES, AND
RESULTING IN THE STREAMLINING OF THE PROCESS FOR
BUSINESS LICENSE ISSUANCE. (City Attorney)
Book 93 / Page 243
09-06-2011
URGENCY ORDINANCE FOR ADOPTION
MUNICIPAL CODE 2011 (506-2-26)
27. AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE
SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT
IMMEDIATELY, EXTENDING FOR 10 MONTHS AND 15 DAYS A
MORATORIUM PROHIBITING NEW PAWNBROKER, SECONDHAND,
AND PRECIOUS METAL DEALING AND ESTABLISHMENTS IN
NATIONAL CITY. (City Attorney) **Companion Items #16 & #25**
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the
Ordinance. Carried by unanimous vote.
ORDINANCE FOR ADOPTION
MUNICIPAL CODE 2011 (506-2-26)
28. AN ORDINANCE AMENDING TITLE 18 OF THE MUNICIPAL CODE BY
ADOPTING THE AMENDED OFFICIAL ZONING MAP IN
FURTHERANCE OF THE IMPLEMENTATION OF THE GENERAL PLAN
LAND USE MAP ADOPTED BY CITY COUNCIL ON JUNE 7, 2011.
(Development Services)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the
Ordinance. Carried by unanimous vote.
NON CONSENT RESOLUTIONS
CONTRACT (C2010-28)
BD OF PORT COMM NC PORT CIP (701-5-2)
29. Resolution No. 2011-198. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT AND
THE CITY OF NATIONAL CITY PROVIDING $830,000 IN PORT
FUNDING AS A MATCH TO 2011 TAX ALLOCATION BONDS FOR THE
NATIONAL CITY AQUATIC CENTER, AND RATIFYING THE
ASSIGNMENT BY THE PORT AND THE ASSUMPTION BY THE CITY
OF THE LEASE OF PROPERTY AT GOESNO PLACE (PORT CAPITAL
FUNDING). (Redevelopment/Special Projects)
RECOMMENDATION: Adopt the Resolution.
Book 93 / Page 244
09-06-2011
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2010-28)
BD OF PORT COMM NC PORT CIP (701-5-2)
29. Resolution No. 2011-198 (continued).
TESTIMONY: A PowerPoint presentation was made by staff,
YMCA representatives and the project architect. (Copy on file in
the Office of the City Clerk)
Tina Williams, Executive Director of the South Bay Family YMCA
spoke in support and responded to questions.
Ricardo Rabines, project architect, reviewed the design features
and responded to questions.
Vince Ferrer, Board Member of the YMCA, spoke in support of the
project.
ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt
the Resolution. Carried by unanimous vote.
CONTRACT (C2011-23)
BD OF PORT COMM NC PORT CIP (701-5-2)
30. Resolution No. 2011-199. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT BY AND
BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND
SAFDIE RABINES ARCHITECTS NOT TO EXCEED $291,777 FOR
ARCHITECTURAL SERVICES RELATED TO THE NATIONAL CITY
AQUATIC CENTER. (2011 Tax Allocation Bonds) (Redevelopment/
Special Projects)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to adopt the
Resolution. Carried by unanimous vote.
CONTRACT (C2011-25)
BD OF PORT COMM NC PORT CIP (701-5-2)
31. Resolution No. 2011-200. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT BY AND
BETWEEN THE CITY OF NATIONAL CITY AND PROJECT
PROFESSIONALS CORPORATION NOT TO EXCEED $224,599 FOR
PROJECT MANAGEMENT SERVICES RELATED TO THE
CONSTRUCTION OF THE NATIONAL CITY AQUATIC CENTER. (2011
Tax Allocation Bonds) (Redevelopment/Special Projects)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
Book 93 / Page 245
09-06-2011
NEW BUSINESS
TOWING SERVICES POLICY ADMIN (C89-12) (806-1-1)
32. The City of National City Towing Committee's responses to objections
raised by towing contractors, and Committee recommendation of Tom
Moynahan Towing & Road One Towing as the top two ranked tow
contractors based on best overall value to the City. (Police & Finance)
RECOMMENDATION: The Towing Contract Committee recommends that
the Contract be awarded to Tom Moynahan Towing and Road One
Towing.
TESTIMONY: Staff Report by Assistant City Manager Leslie
Deese.
Augie Bareno from ABCO Consulting, representing Moynahan
Towing, spoke in support of the staff recommendation.
Estivan Espinoza, National City, spoke in support of having several
tow companies under contract.
Lilian Habib, Angelo's Towing, spoke in support of awarding
contracts to all three qualified contractors.
Mark Arabo, Neighborhood Market Association, spoke in support of
Angelo's Towing.
Marco Polo Cortez, representing American Towing, spoke against
the staff recommendation and urged that the RFP be re -issued.
WRITTEN TESTIMONY: Staff reported that a letter was received
on September 1, 2011 from Mr. Marco A. Torres, representing
Cortez Towing, disputing the manner, method and ultimate
conclusions presented to the City Council regarding its
qualifications pursuant to the RFP. The letter is included as part of
the record. (See attached Exhibit 'A')
ACTION: Motion by Natividad, to consider each company
separately. Motion died for lack of a second. Motion by Rios,
seconded by Zarate, to approve staff recommendation. Carried by
the following vote, to -wit: Ayes: Morrison, Rios, Sotelo-Solis,
Zarate. Nays: Natividad. Abstain: None. Absent: None.
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
33. Request from California State Senator Juan Vargas on behalf of California
State Controller John Chiang, to use the Martin Luther King Jr. Community
Center (North Room) for a Small Business Tax Seminar on Thursday,
September 15, 2011, from 8:00 am to 2:00 pm for approximately 250
attendees. Applicant is requesting a fee waiver. (Public Works)
RECOMMENDATION: Authorize use.
TESTIMONY: Arron Alien, representative of Senator Juan Vargas,
spoke in support.
Book 931 Page 246
09-06-2011
NEW BUSINESS
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
33. Request from California State Senator Juan Vargas on behalf of California
State Controller John Chiang, to use the Martin Luther King Jr. Community
Center (continued).
ACTION: Motion by Natividad, seconded by Sotelo-Solis, to
approve partial fee waiver and for applicant to pay $380. Carried
by unanimous vote.
LEAGUE OF CA CITIES ADMIN (104-2-1)
34. City Council Review of League of California Cities 2011 Annual
Conference Resolutions. (City Manager)
RECOMMENDATION: The League encourages City Councils to consider
the Resolutions and determine a City position so their voting delegate(s)
can represent their position during the conference and/or provide a report
back to Council on action taken by the League on the Resolutions. If
there is any particular direction that the Council would like to provide,
direction tonight would be appropriate.
TESTIMONY: None.
ACTION: No action was taken.
BOARDS & COMMISSIONS ADMIN (101-1-1)
35. Proposition "D" Independent Committee. (City Manager)
RECOMMENDATION: None.
TESTIMONY: None.
ACTION: Mayor Morrison nominated Mr. Dale Nielson, Finance
Manager for the City of Vista, as the third and final member of the
Proposition "D" Independent Committee. Motion by Sotelo-Solis,
seconded by Zarate, to appoint Dale Nielson to the committee.
Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 36 through 38 (Warrant
Registers), Item Nos. 39 and 40 (Resolution Nos. 2011-201 and 2011-202).
Motion by Sotelo-Solis, seconded by Zarate, to approve the Consent Calendar.
Carried by unanimous vote.
Book 93 / Page 247
09-06-2011
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
36. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $$66,258.02 to the City of National City for
the period of 7/27/11 through 08/02/11. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
37. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $26,068.40 to the City of National City for
the period of 08/03/11 through 08/09/11. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2011 — JUNE 2012 (202-1-26)
38. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $1,133,203.11 to the City of National City
for the period of 08/10/11 through 08/16/11. (Finance)
ACTION: Approved. See above.
CONTRACT (C2010-76)
39. Resolution No. 2011-201. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) APPROVING AN AGREEMENT BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY AND E2 MANAGETECH, INC. NOT TO EXCEED
$98,000 FOR OVERSIGHT AND IMPLEMENTATION OF A PROPERTY
MITIGATION PLAN FOR THE WESTSIDE INFILL TRANSIT ORIENTED
DEVELOPMENT. (Low Moderate Housing Funds) (Redevelopment/
Special Projects)
ACTION: Adopted. See above.
CONTRACT (C2011-40)
40. Resolution No. 2011-202. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(CDC) AUTHORIZING ITS CHAIRMAN TO EXECUTE A
SUBORDINATION AGREEMENT WITH MIGUEL S. HERNANDEZ AND
ALICIA B. HERNANDEZ ALLOWING A NEW MORTGAGE NOT -TO -
EXCEED $196,000 TO BE AND REMAIN A LIEN PRIOR AND
SUPERIOR TO A FIRST-TIME HOME BUYER ASSISTANCE LOAN OF
$25,000 ISSUED BY THE CDC ON A SINGLE -UNIT PROPERTY
LOCATED AT 1334 TECOLOTE COURT IN NATIONAL CITY.
(Administrative Services)
ACTION: Adopted. See above.
Book 93 / Page 248
09-06-2011
STAFF REPORTS
ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1)
41. Update on Citywide Bus Stop Inventory and Bus Shelter grant.
(Development Services)
ACTION: Staff indicated that a brief formal presentation will be
made at the next meeting.
CLOSED SESSION REPORT (509-1-4)
42. Closed Session Report. (City Attorney)
City Council / CDC Attorney Claudia Silva stated there was nothing to
report from the Closed Session. (See attached Exhibit 'L')
Assistant City Manager Leslie Deese introduced the City's new Financial
Services Officer, Tina Norrdin.
MAYOR AND CITY COUNCIL
Member Natividad requested information on the total amount of grants the City
has received in the last two years.
Vice Mayor Sotelo-Solis commended the staff on the thorough report provided on
the towing issue. Member Sotelo-Solis also advised that she would be in
Washington D.C. for a Health Communities Conference and graduation event for
Hispania's Organized for Political Equality (HOPE) and would not be present for
the 9/11 Ceremony at the Fire Station.
Member Rios thanked staff for their work on the towing contract and urged
everyone to attend the September 11th Memorial Event at the Fire Station.
Member Zarate said she had some housing and code enforcement issues to
refer to staff.
Mayor Morrison discussed the proliferation of illegal sign pollution throughout the
City and the need to find some way to hold people accountable for their graffiti.
City Treasurer Mitch Beauchamp reported that 18 companies submitted
proposals to provide Investment Management Services to the City.
Book 93 / Page 249
09-06-2011
ADJOURNMENT
CONSIDERATION OF MEETING DATE CHANGE
Motion by Rios, seconded by Sotelo-Solis to, a) Approve a motion dispensing
with the September 20, 2011 Regular Meeting; b) Authorize a Notice of
Continuance for the Public Hearing previously noticed for September 20, 2011
pursuant to Government Code Section 54955.1, and c) Adjourn the Meeting of
September 6, 2011 to an Adjourned Regular Meeting of the City Council to be
held on September 27, 2011. Carried by unanimous vote.
Adjourned Regular City Council and Community Development Commission
Meeting to be held Tuesday, September 27, 2011 at 6:00 p.m. at the Council
Chambers, National City, California.
The meeting closed at 8:37 p.m.
,�
City lerk / Recor ing Secretary
The foregoing minutes were approved at the Adjourned Regular Meeting of
September 27, 2011.
Ma or / CD airman
EXHIBIT 'L'
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
AND
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting - Tuesday, September 6, 2011 - 4:30 p.m.
ROLL CALL
CLOSED SESSION
CITY COUNCIL
1. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Leslie Deese, Manuel Rodriguez,
Stacey Stevenson, Claudia Silva, Teresa Mendoza, and Eddie Kreisberg
Employee Organization: Police Officers' Association
2. Liability Claims — Government Code Section 54956.95
Workers' Compensation Claim
Agency Claimed Against: City of National City
Number of Claims: Three
3. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
City of National City v. Nagraj, Inc.
San Diego Superior Court Case No. 37-2010-00077984-CU-EI-SC
4. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
City of National City v. AI-Bayati
San Diego Superior Court Case No. 37-2010-00078027
Agenda of a Special Meeting
September 6, 2011
Page 2
CLOSED SESSION (cont.)
CITY COUNCIL
5. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
City of National City v. Puedan
San Diego Superior Court Case No. 37-2010-00077983
6. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Victor Nunez, v. City of National City, National City Planning Commission, et al.
San Diego County Superior Court Case No. 37-2011-00078086-CU-MC-SC
7. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Community Youth Athletic Center v. City of National City, Community Development
Commission of the City of National City, et al.
San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-CTL
8. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(c)
One Potential Case
COMMUNITY DEVELOPMENT COMMISSION
1. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Community Youth Athletic Center v. City of National City, Community Development
Commission of the City of National City, et al.
San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-CTL
2. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
ARE Holding, LLC v. Community Development Commission and Parking Authority, et at.
San Diego County Superior Court Case No. 37-2010-00102387-CU-BC-CTL
PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
1. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
ARE Holding, LLC v. Community Development Commission and Parking Authority, et al.
San Diego County Superior Court Case No. 37-2010-00102387-CU-BC-CTL
ADJOURNMENT
Next Regular City Council/CDC Meeting — Tuesday, September 6, 2011, 6:00 p.m., Council
Chambers, Civic Center
The Law Office of
Marco A. Torres
Marco A. Torres, Esq.
mat@,mtorreslaw. com
T: (619) 849 - 8849
F. (619) 955 - 8860
September 1, 2011
VIA Facsimile, Federal Express and Email
National City
Attn: Claudia G. Silva, Esq.
1243 National City Boulevard
National City, CA. 91950-4301
csi lva(anationalcitvca. gov
F: (619) 336-4327
National City Police Department
Attn: Chief of Police
1200 National City Police Dept.
National City, CA. 91950-4301
agonzalesanationalc ityca.gov
F: (619) 336-4525
RE:
National City
Attn: Debra Lunt, Buyer
1243 National City Boulevard
National City, CA. 91950-4301
dlunt a,nationalcityca. gov
F: (619) 336-4597
National City Police Department
Attn: Neighborhood Policing Team 1 Lt.
1200 National City Police Dept.
National City, CA. 91950-4301
cboeglerna,nationalcityca. gov
F: (619) 336-4479
Cortes Towing Enterprises, Inc.
RFP # GS10I 1-4
Ladies and Gentlemen:
The undersigned has been retained by Cortes Towing Enterprises, Inc. (hereinafter "Cortes
Towing") to represent it and its concerns regarding National City Towing Services RFP #
GS1011-4 (the "RFP"). This letter should serve to provide notice to the National City City
Counsel (the "City Counsel") that Cortes Towing disputes the manner, method, and ultimate
conclusions presented to the City Counsel regarding its qualifications pursuant to the RFP.
Cortes Towing demands that the current RFP eligibility list include Cortes Towing or,
alternatively, the RFP process should be reinitiated and provide a review by disinterested and
objective third parties.
The report provided to the City Counsel reflecting Officer Dan Fabinski's apparent observations
is factually inaccurate, biased and based on unfounded speculation and opinion as regards Cortes
Towing's qualifications. Officer Fabinski's report presented to the City Counsel calls into
question Officer Fabinski's competence and ability to adequately assess potential contractors that
do not currently have an on -going relationship with National City.
1420 Kenner Blvd., Suite No. 600, San Diego, California 92101
wwwmtorreslaw. com
EXHIBIT 'A'
September 1, 2011
Page 2of3
MIThe Law Office of
Marco A. Torres
The report inaccurately states that Cortes Towing does not currently have a heavy duty tow
trucks per the requirements of the RFP. The RFP does not require a heavy duty tow truck but
rather requires the following:
"The Contractor shall provide equipment capable of providing the following services:
1. Towing of large oversized vehicles;
2. Towing from off road areas;
3. Towing in underground garages;
4. Wheel lift towing; and
5. Rollback Towing."
(pg. 15, Section III.E. of the RFP)
Pursuant to the RFP, there are three towing size designations:
1. Basic Towing for vehicles under 9,500 GVW (unloaded);
2. Medium Size — Basic Towing for vehicles exceeding 9,500 GVW but less than 22,000
GVQ (unloaded); and
3. Large Size — Basic Towing for vehicles over 22,000 GVW (unloaded).
(pg. 19, Attachment A of the RFP)
Contrary to Officer Fabinski's report, Cortes Towing has a tow vehicle capable of towing large
size vehicles over 22,000 GVW (unloaded).
Pursuant to 2011 California Highway Patrol Standards a Heavy Duty Tow Truck is a truck that is
capable of towing vehicles in excess of 48,000 GVW (unloaded). (Section 9(c)(4), pg. 15, State
of California, Department of California Highway Patrol CHP 234 (03-2011) OPI 061)
(hereinafter the "CHP Standards"). In as much as this is what caused Officer Fabinski to
determine that Cortes Towing did not have a Heavy Duty Tow Truck is an issue of fact which
has no bearing on Cortes Towing's eligibility pursuant to the RFP requirements. Nevertheless,
this is not a requirement under the RFP and therefore it is not a valid reason to make any party
ineligible for consideration as a contractor.
The report inaccurately states that Cortes Towing "displayed an older model, dismantled truck as
their future off -road vehicle." During the walk through inspection of the facilities, Officer
Fabinski asked Paulo Cortes to identify the Off -Road vehicle and Mr. Cortes identified a vehicle
that was approximately 25-30 feet away. Officer Fabinski did not approach, inspect, or
otherwise request additional information about the vehicle. The vehicle identified is fully
operational, was represented as the Cortes Towing off -road vehicle, and not dismantled as
inaccurately described by Officer Fabinski.
The report further calls into question whether Cortes Towing can meet the RFP response time
requirements and tow priorities without providing any basis for this opinionated conclusion and
only serves to negatively imply such concern as a result of being a large service provider to the
September 1, 2011
Page 3 of 3
The Law Office of
Marco A. Torres
well recognized and respected AAA. Abject speculation and opinion should not be a basis upon
which any determination should be made regarding Cortes Towing's ability to fulfill its
obligations. Officer Fabinski does not offer any valid reason to substantiate his biased and
opinionated conclusion.
It must also be noted that at least one of the eligible contractors considered to have met the RFP
requirements may not currently have a CHP eligible off -road vehicle as required pursuant to the
RFP. If Officer Fabinski waived this requirement for any one prospective contractor this
opportunity for a waiver should have been afforded to all of the applicants.
It is our position that the method and manner which Officer Fabinski undertook to determine
whether potential contractors, specifically Cortes Towing, met RFP requirements was flawed,
and biased thereby causing Cortes Towing to be deemed ineligible to be considered a contractor.
In closing, I renew Cortes Towing's demand that it be accurately reflected as a eligible
contractor that meets RFP requirements and thereby eligible to be selected as one of the towing
contractors or alternatively demand that the RFP process be reopened with an RFP that does not
provide ample opportunity for eligibility based on false conclusions, unsubstantiated statements,
misrepresentation of RFP requirements, misapplication of requirements, bias and unfair
treatment by an officer that is displaying clear animosity and bias in his decision making for the
sole benefit of current contractors which do not meet existing RFP requirements.
I look forward to hearing from you promptly in order to resolve this matter promptly and thereby
avoid further legal action in this matter.
Sincerely,
Marco A. Torres, Esq.
cc: Ron Morrison, Mayor
rmorrison@nationalcityca.gov
Alejandra Sotelo-Solis, Vice Mayor
asotelosolis@nationalcityca.gov
Luis Natividad, Councilmember
Inatividad@nationalcityca.gov
Mona Rios, Councilmember
monarios@nationalcitvca.gov
Rosalie Zarate, Councilmember
rzarate@nationalcitvca.gov