HomeMy WebLinkAbout2011 10-18 CC CDC MINBook 93 / Page 270
10-18-2011
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND COMMUNITY DEVELOPMENT COMMISSION
OF NATIONAL CITY, CALIFORNIA
October 18, 2011
The Regular Meeting of the City Council and Community Development
Commission of National City was called to order at 6:06 p.m. by Mayor /
Chairman Ron Morrison.
ROLL CALL
Council / Commission members present: Morrison, Natividad, Rios, Sotelo-Solis,
Zarate.
Administrative Officials present: Babaki, Della, 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
Bill Goulet, President of National City Rotary, invited everyone to participate in a
Rotary fundraiser being sponsored by Buster's Restaurant.
Jesus Preciado, National City, shared some of his ideas for raising income for
the City.
Attorney Beth Atuatasi appeared on behalf of Mark Dickey and his family who
purchased a residential property with a possible non -permitted unit.
PRESENTATIONS
EMPLOYEE RECOGNITION / APPRECIATION ADMIN (604-2-1)
1. Employee of the Month for October, 2011 — Martin Reeder, Assistant
Planner
COUNCIL MEETING PRESENTATIONS 2011 (102-10-6)
2. Storm Water Program 2012 Calendar — Development Services/
Engineering
COUNCIL MEETING PRESENTATIONS 2011 (102-10-6)
3. Certificate of Deposit Account Registry Service (CDARS) Update — Debbie
Landstedt — Neighborhood National Bank
Book 93 / Page 271
10-18-2011
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS 2011 (102-10-6)
4. Restructuring the Neighborhood Council Program — Lauren D. Maxilom,
Neighborhood Council Specialist. (Copy on file in the Office of the City
Clerk)
INTERVIEWS/APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
5. Interviews and Appointments — Various Boards & Commissions. (City
Clerk)
TESTIMONY: Deborah Canedo and Marcus Bush were interviewed for
the Civil Service Commission.
Jerry Cano was interviewed for re -appointment to the Civil Service
Commission.
Leslie Coyote was called forward and asked if she was willing to serve on
any other Board. She indicated she was available for any Board.
Arlene Castillo and Deborah Hernandez were interviewed for re-
appointment to the Library Board of Trustees.
Roberto Andrade, Yvonne Cordoba, James Grier and Howard Schwitkis
were interviewed for re -appointment to Parks, Recreation and Senior
Citizens Advisory Board.
ACTION: Manor Morrison nominated Arlene Castillo, Deborah
Hernandez and Gloria Bird for the Library Board of Trustees. The
nomination was seconded and approved unanimously.
Manor Morrison nominated Roberto Andrade, Yvonne Cordoba,
James Grier and Howard Schwitkis for re -appointment to the Parks,
Recreation and Senior Citizens Advisory Board. The nomination
was seconded and approved unanimously.
Book 93 / Page 272
10-18-2011
INTERVIEWS/APPOINTMENTS (cont.)
BOARDS & COMMISSIONS ADMIN (101-1-1)
5. Interviews and Appointments — Various Boards & Commissions
(continued).
The City Council determined to act on the vacancy and expired
term on the Civil Service Commission. Ballots were distributed to
each member of the City Council. City Clerk Della collected and
tabulated the ballots. Mayor Morrison cast his ballot for Deborah
Canedo and Jerry Cano. Member Zarate cast her ballot for
Deborah Canedo and Jerry Cano. Vice Mayor Sotelo-Solis cast
her ballot for Marcus Bush and Leslie Coyote. Member Rios cast
her ballot for Marcus Bush and Leslie Coyote. Member Natividad
cast his ballot for Marcus Bush and Leslie Coyote. Having received
three votes each, Marcus Bush and Leslie Coyote were declared
duly appointed to the Civil Service Commission.
No action was taken on the Public Art Committee.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 6 (Minutes), Item No. 7
(NCMC), Item Nos. 8 through 12 (Resolution Nos. 2011-227 through 2011-231),
Item Nos. 13 and 14 (TUP), Item No. 15 (Facility Use Request), Item Nos. 16 and
17 (Warrant Registers). Motion by Natividad, seconded by Sotelo-Solis, to pull
Item Nos. 11 and 12, and to approve the remainder of the Consent Calendar.
Carried by unanimous vote.
APPROVAL OF MINUTES
6. SUBJECT: Approval of the Minutes of the Regular Council/Community
Development Commission Meeting of October 4, 2011. (City Clerk)
ACTION: Approved. See above.
MUNICIPAL CODE 2011 (506-2-26)
7. 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.
Book 93 / Page 273
10-18-2011
CONSENT CALENDAR (cont.)
FINANCIAL MANAGEMENT 2011 — 2012 (204-1-27)
8. Resolution No. 2011-227. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION
OF $9,445 FROM THE 2011 TAX ALLOCATION BOND (CAPITAL
IMPROVEMENT PROJECTS) FOR THE PREPARATION OF
TECHNICAL SUPPORT DOCUMENTS FOR THE APPLICATIONS FOR
STATEWIDE PARK PROGRAM GRANT FUNDS FOR IMPROVEMENTS
TO VARIOUS PARKS WITHIN THE REDEVELOPMENT AREA.
(Development Services/ Engineering)
ACTION: Adopted. See above.
TOWING SERVICES POLICY ADMIN (806-1-1)
9. Resolution No. 2011-228. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY TO CONTINUE PARTNERSHIP WITH
THE SAN DIEGO COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY AND MAINTAIN DMV FEES PURSUANT TO
CALIFORNIA VEHICLE CODE SECTIONS 9250.7 AND 22710.
(Neighborhood Services)
ACTION: Adopted. See above.
CONTRACT (C2010-77)
10. Resolution No. 2011-229. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL
DEFENSE SERVICES BETWEEN THE CITY, COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY,
AND BEST BEST & KRIEGER, LLP TO INCREASE THE NOT -TO -
EXCEED AMOUNT BY $134,000 FOR A TOTAL AMOUNT OF $294,000.
(City Attorney) **Companion Item #22**
ACTION: Adopted. See above.
CONTRACT (C2011-50)
11. Resolution No. 2011-230. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A
PARTNER SHELTER AGREEMENT BETWEEN THE SAN
DIEGO/IMPERIAL COUNTIES CHAPTERS AMERICAN RED CROSS
AND THE CITY OF NATIONAL CITY TO PROVIDE HUMANITARIAN
RELIEF TO PERSONS AFFECTED BY DISASTERS. (Fire)
ACTION: Motion by Natividad, seconded by Sotelo-Solis, to adopt
the Resolution. Carried by unanimous vote.
Book 93 / Page 274
10-18-2011
CONSENT CALENDAR (cont.)
CONTRACT (C2011-51)
12. Resolution No. 2011-231. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A HIPAA BUSINESS
ASSOCIATES AGREEMENT BY AND BETWEEN THE CITY OF
NATIONAL CITY AND PAYCHEX BENEFIT TECHNOLOGIES, INC. DBA
BENETRAC FOR THE RELEASE AND USE OF EMPLOYEE AND
DEPENDENT HEALTHNET ENROLLMENT INFORMATION FOR THE
PURPOSE OF ESTABLISHING AND MAINTAINING THE CITY'S
ELECTRONIC ENROLLMENT AND ADMINISTRATIVE SYSTEM FOR
GROUP EMPLOYEE BENEFITS. (Human Resources)
ACTION: Motion by Natividad, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
TEMPORARY USE PERMITS 2011 (203-1-27)
13. Temporary Use Permit — 19th Annual Fiesta Filipiniana Mexicana Karaoke
Competition hosted by Seafood City Supermarket on October 22, 2011
from 10:00 a.m. to 10:00 p.m. at 1420 E. Plaza Boulevard with no waiver
of fees. (Neighborhood Services Division)
ACTION: Approved. See above.
TEMPORARY USE PERMITS 2011 (203-1-27)
14. Temporary Use Permit — Cornerstone Harvest Festival hosted by
Cornerstone Church of San Diego at 1914 Sweetwater Road on October
31, 2011 from 5:00 p.m. to 10:00 p.m. with no waiver of fees.
(Neighborhood Services Division)
ACTION: Approved. See above.
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
15. Request to use the Martin Luther King Jr. Community Center (North room)
by Olivewood Gardens & Leaming Center, a National City non-profit
organization for a community presentation on Thursday, November 17,
2011, from 4:30 to 8:30 p.m. for approximately 30-50 attendees. This
event is open to all National City residents. Applicant is requesting a fee
waiver. (Public Works)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
16. Warrant Register #12 for the period of 09/14/11 through 09/20/11 in the
amount of $1,334,806.16. (Finance)
ACTION: Ratified. See above
Book 93 / Page 275
10-18-2011
CONSENT CALENDAR (cont.)
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
17. Warrant Register #13 for the period of 09/21/11 through 09/27/11 in the
amount of $1,602,569.68. (Finance)
ACTION: Ratified. Sbe above
PUBLIC HEARING
TOWING SERVICES POLICYADMIN (806-1-1)
STUDY CITY FEE SCHEDULE (106-3-2)
18. Public Hearing to consider adoption of a resolution amending the National
City Fee Schedule to reflect a $150 Serious Traffic Offender Program Fee
and a $16 On -Line Police Report Fee, and increasing the Vehicle
Repossession Fee from $8 to $15 pursuant to California Government Code
Section 26751 and Vehicle Code Section 9255. (City Attorney)
**Companion Item #20**
RECOMMENDATION: Hold the Public Hearing.
TESTIMONY: None.
ACTION: Motion by Rios, seconded by Zarate, to close the Public
Hearing. Carried by unanimous vote.
ORDINANCE FOR INTRODUCTION
MUNICIPAL CODE 2011 (506-2-26)
19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING SECTION 1.40.010 OF THE NATIONAL CITY
MUNICIPAL CODE REGARDING CLAIMS FOR MONEY, DAMAGES OR
REFUNDS OF MONEY. (City Attorney)
NON CONSENT RESOLUTION
TOWING SERVICES POLICYADMIN (806-1-1)
STUDY CITY FEE SCHEDULE (106-3-2)
20. Resolution No. 2011-232. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING AMENDMENT OF THE
NATIONAL CITY FEE SCHEDULE TO REFLECT A $150 SERIOUS
TRAFFIC OFFENDER PROGRAM FEE AND A $16 ON-LINE POLICE
REPORT FEE, AND INCREASING THE VEHICLE REPOSSESSION FEE
FROM $8 TO $15 PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 26751 AND VEHICLE CODE SECTION 9255. (City Attorney)
**Companion Item #18**
Book 93 I Page 276
10-18-2011
NON CONSENT RESOLUTION (cont.)
TOWING SERVICES POLICY ADMIN (806-1-1)
STUDY CITY FEE SCHEDULE (106-3-2)
20. Resolution No. 2011-232 (continued).
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Zarate, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Morrison,
Rios, Sotelo-Solis, Zarate. Nays: None. Absent: Natividad.
Abstain: None.
NEW BUSINESS
COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1)
21. City Council Meeting Schedule — December 2011 and January 2012.
(City Clerk)
RECOMMENDATION: Review and provide direction.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve the
following City Council Meeting dates for December 2011 and
January 2012: December 6, 2011 and January 10 and 24, 2012,
and to dispense with the regular meeting dates for January 2012.
Carried by unanimous vote.
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item Nos. 22 and 23 (Resolution Nos.
2011-233 and 2011-234), Item Nos. 24 and 25 (Warrant Registers). Motion by
Natividad, seconded by Zarate, to approve the Consent Calendar. Carried by
unanimous vote.
CONTRACT (C2010-77)
22. Resolution No. 2011-233. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE A FIRST AMENDMENT
TO THE AGREEMENT FOR LEGAL DEFENSE SERVICES BETWEEN
THE CITY, COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF NATIONAL CITY, AND BEST BEST & KRIEGER, LLP TO INCREASE
THE NOT -TO -EXCEED AMOUNT BY $134,000 FOR A TOTAL AMOUNT
OF $294,000. (City Attorney) **Companion Item #10**
ACTION: Adopted. See above.
Book 93 / Page 277
10-18-2011
CONSENT CALENDAR (cont.)
FINANCIAL MANAGEMENT 2011 — 2012 (204-1-27)
23. Resolution No. 2011-234. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
ADOPTING THE OCTOBER 18, 2011 AMENDED ENFORCEABLE
OBLIGATIONS PAYMENT SCHEDULE. (Redevelopment/Special
Projects)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
24. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $95,928.44 to the City of National City for
the period of 09/14/11 through 09/20/11. (Finance)
ACTION: Approved. See above.
WARRANT REGISTER JULY 2011 - JUNE 2012 (202-1-26)
25. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $85,505.01 to the City of National City for
the period of 09/21/11 through 09/27/11. (Finance)
ACTION: Approved. See above.
STAFF REPORTS
POLICE DEPT ADMIN (302-4-1)
26. Report — Attempted robbery of Chase Bank on Plaza Blvd. (Police)
HUMAN RESOURCES DEPT ADMIN (1104-1-2)
27. Report — Furlough Update. (Human Resources)
COMMUNITY DEVELOPMENT ADMIN 2011-2014 (406-2-16)
27a. Enterprise Zone Update.
CLOSED SESSION REPORT (509-1-4)
28. 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')
Book 93 / Page 278
10-18-2011
MAYOR AND CITY COUNCIL
Member Natividad mentioned attending a dinner with 13 lowrider clubs, inquired
about plaques for the student representatives; requested that an item be placed
on the next agenda to set up a committee to review the City Council Policy
Manual and inquired about new legislation regarding recycling and what it means
for the City.
Vice Mayor Sotelo-Solis announced that Sweetwater High will be dedicating their
new theater on Thursday; reminded everyone about the Town Hall meeting
scheduled at Sweetwater High School to inform the community about the
dangers of a synthetic marijuana compound commonly known as 'Spice or K2';
expressed her desire to meet with staff regarding a possible grant application for
a community garden and donations of surplus equipment to our sister city of
Tecate.
Member Rios expressed appreciation to Councilmember Natividad for his efforts
to rally community members regarding the dangers of spice; reported on her
participation with the lowrider club dinner and congratulated the newly appointed
board members.
Mayor Morrison said the recent State of the City event was a big success and
announced his plans to form a blue ribbon committee for the City's 125th
Anniversary and requested Council Members suggest possible members.
City Treasurer Mitch Beauchamp inquired about the possibility of attending
Closed Sessions; expressed concerns about the dispersion of the Public Works
department personnel and functions. Mr. Beauchamp also expressed concern
about diversions from the waste stream from organized scavenger operations
and the resulting impact on costs to the City and residents.
ADJOURNMENT
Motion by Zarate, seconded by Rios, to adjourn the meeting to the next Regular
City Council and Community Development Commission Meeting to be held
Tuesday, November 1, 2011 at 6:00 p.m. at the Council Chambers, National City,
California. Carried by unanimous vote.
The meeting closed at 8:59 p.m.
Sec
retary g
Jerk / Recordin
Book 93 / Page 279
10-18-2011
The foregoing minutes were approved at the Regular Meeting of November 15,
2011.
Mayor / CDC Chairman
EXHIBIT `L'
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting — Tuesday, October 18, 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. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Stacey Stevenson
Employee Organization: Confidential Group
3. 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
Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Community Youth Athletic Center v. City of National City, CDC, et al.
San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-CTL
Agenda of a Special Meeting
October 18, 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, CDC, et al. v. Community Youth Athletic Center
Court of Appeal Case No. D060001
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, CDC, 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)
City of National City, CDC, et al. v. Community Youth Athletic Center
Court of Appeal Case No. D060001
ADJOURNMENT
Next Regular City Council/CDC Meeting — Tuesday, October 18, 2011, 6:00 p.m., Council
Chambers, Civic Center