HomeMy WebLinkAbout2015 12-01 CC HA MINBook 97 1 Page 199
12-01-2015
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
December 1, 2015
The Regular Meeting of the City Council and Community Development
Commission — Housing Authority of the City of National City was called to order
at 6:15 p.m. by Mayor / Chairman Ron Morrison.
ROLL CALL
Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello,
Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams,
Ybarra.
Others present: Student Representative Reah Sahagun.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC COMMENTS
Sunshine Horton, El Cajon encouraged everyone to give of themselves, come
together, smile and love each other in order to make the world a better place.
AWARDS AND RECOGNITIONS
PERSONNEL NEW EMPLOYEE iNTRODUC T iON PROGRAM (604-2-2)
"I. Introduction of new employee: Gregory Rose, Property Agent. (Housing,
Grants and Asset Management)
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2015
(102-10-10)
2. 2016 Storm Water Calendar Presentation. (Engineering/Public Works)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2015
(102-10-10)
3. National City Host Lions Club OneSight San Diego Clinic Volunteer
Certification Presentation.
ACTION: This item was pulled at request of Host Lions Club.
Book 97 / Page 200
12-01-2015
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2015
(102-10-10)
4. Free Resource and Energy Business Evaluation (FREBE) Program
Update. South Bay Energy Action Collaborative (SoBEAC) / City of Chula
Vista. **Companion Items #16 and #17**
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item No. 6
(Minutes), Item Nos. 7 through 12 (Resolution No. 2015-175 through 2015-180),
Item Nos. 13 and 14 (Warrant Registers). Motion by Sotelo-Solis, seconded by
Mendivil, to pull Item No. 7, and to approve the remainder of the Consent
Calendar. Carried by unanimous vote.
MUNICIPAL CODE 2015 (506-2-30)
5. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE
ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING
THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR
ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk)
ACTION: Approved. See above.
APPROVAL OF MINUTES
6. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOU;ING AUTHORITY OF THE CITY OF NATIONAL CITY OF
NOVEMBER 17, 2015. (City Clerk)
ACTION: Approved. See above.
GRANT / LIBRARY (206-4-10)
7. Resolution No. 2015-175. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A
$27,267 AUGMENTATION TO THE CALIFORNIA LIBRARY LITERACY
SERVICES (CLLS) GRANT, FISCAL YEAR 2015-16, FOR THE
NATIONAL CITY LIBRARY'S LITERACY PROGRAM, INCREASING THE
TOTAL AMOUNT OF THE GRANT FROM $18,000 TO $45,267, AND
AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS
AND A CORRESPONDING REVENUE BUDGET. (Library)
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
Book97/Page201
12-01-2015
CONSENT CALENDAR (cont.)
CONTRACT (C2003-14)
8. Resolution No. 2015-176. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH KOFF & ASSOCIATES IN AN
AMOUNT NOT EXCEED $78,890 FOR THE COMPLETION OF A
COMPREHENSIVE COMPENSATION STUDY AND ANALYSIS OF THE
CITY'S CONFIDENTIAL, EXECUTIVE, MANAGEMENT, MUNICIPAL
EMPLOYEES ASSOCIATION AND PART-TIME EMPLOYEE GROUPS.
(Human Resources)
ACTION: Adopted. See above.
CONTRACT (C2013-35)
9, Resolution No. 2015-177. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK OF PAL
GENERAL ENGINEERING, INC. FOR THE COMMUNITY CORRIDORS
IMPROVEMENT PROJECT, CIP NO. 12-05, 2) APPROVING THE FINAL
CONTRACT AMOUNT OF $2,858,027.18, 3) RATIFYING THE RELEASE
OF RETENTION IN THE AMOUNT OF $142,901.42, AND 4)
AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION
FOR THE PROJECT. (Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2015 (801-2-36)
10. Resolution No, 2015-178. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
"KEEP CLEAR" PAVEMENT MARKINGS ON THE WESTBOUND
TRAVEL LANES OF W. 19TH STREET IN FRONT OF THE INGRESS
AND EGRESS DRiVEWAYS SERVICING 1001 VV. 19TH STREET.
(Costco Optical Laboratory and Distribution Center) (TSC No. 2015-18)
(EngineeringlPublic Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2015 (801-2-36)
11. Resolution No. 2015-179. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION AND
INSTALLATION OF 30 FEET OF UNRESTRICTED CURBSIDE
PARKING TO "YELLOW CURB", COMMERCIAL LOADING IN FRONT
OF 1010 W. 19TH STREET. (Q.E.D. Systems, Inc.) (TSC No. 2015-19)
(Engineering/Public Works)
ACTION: Adopted. See above.
Book 97 J Page 202
12-01-2015
CONSENT CALENDAR (cont.)
DEED (D2015-1)
12. Resolution No. 2015-180. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE PARCEL MAP AND
ACCEPTING AN EASEMENT FOR EMERGENCY VEHICLE ACCESS
FOR INGRESS AND EGRESS, ALONG AND ACROSS ALL THAT REAL
PROPERTY SITUATED AT 240 NORTON AVENUE IN THE CITY OF
NATIONAL CITY. (Engineering/Public Works)
ACTION: Adopted. See above.
WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30)
13. Warrant Register #16 for the period of 10/14/15 through 10/20/15 in the
amount of $1,475,182.65. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30)
14. Warrant Register #17 for the period of 10/21/15 through 10/27/15 in the
amount of $2,502,135.51. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS
CONDITIONAL USE PERMITS 2015 (403-30-1)
15. Public Hearing — Conditional Use Permit for beer sales at Chipotle
Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican
Grill, Inc.) (Case File 2015-18 CUP) (Planning)
RECOMMENDATION: Staff recommends approval of the Conditional Use
Permit.
TESTIMONY: Margaret Tayior for and Jose h Cano appeared Y p on
behalf of the applicant and responded to questions.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the
Public Hearing. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2015 (506-2-30)
16. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY AMENDING CHAPTER 6.04 OF THE NATIONAL CITY MUNICIPAL
CODE BY AMENDING SECTION 6.04.210 TO EXTEND THE FREE
RESOURCE AND ENERGY BUSINESS EVALUATION (FREBE)
PROGRAM. (Planning) **Companion Items #4 and #17**
Book 97 / Page 203
12-01-2015
NON CONSENT RESOLUTIONS
CONTRACT (C2015-16)
17. Resolution No. 2015-181. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CITY
OF CHULA VISTA TO PROVIDE IN -KIND SERVICES TO IMPLEMENT
THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION
(FREBE) PROGRAM. (Planning) **Companion Items #4 and #16**
RECOMMENDATION: Adopt the Resolution authorizing the Mayor to
execute the Memorandum of Understanding.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
CONDITIONAL USE PERMITS 2015 (403-30-1)
18. Resolution No. 2015-182. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE
PERMIT FOR BEER SALES AT CHIPOTLE RESTAURANT LOCATED
AT 404 MILE OF CARS WAY. (Applicant: Chipotle Mexican Grill, Inc.)
(Case File 2015-18 CUP) (Planning)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Cano, seconded by Mendivil, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Mendivil, Morrison, Rios. Nays: Sotelo--Solis. Abstain: None.
Absent: None.
NEW BUSINESS
MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1)
19. Request to use Martin Luther King Jr. Community Center (North & South
Rooms) by National City College Campus Lions Club for their 8th annual
Spirit of the Holidays toy and food giveaway to needy families of National
City, on Saturday, December 19, 2015. Applicant anticipates
approximately 300-450 families/children will be attending this year's event.
The applicant is requesting a waiver of fees. (Engineering/Public Works)
RECOMMENDATION: Staff recommends approving the Facility Use
Application with no waiver of fees.
TESTIMONY: Paul Robinson appeared on behalf of the applicant.
ACTION: Motion by Rios, seconded by Cano, to approve with
waiver of fees. Carried by unanimous vote.
Book97/Page204
12-01-2015
NEW BUSINESS (cont.)
CONDITIONAL USE PERMITS 2015 (403-30-1)
20. Notice of Decision — Planning Commission approval of a Conditional Use
Permit for alcohol sales at a proposed Hooters Restaurant to be located in
Westfield Plaza Bonita. (Applicant: Alcoholic Beverage Consulting on
behalf of Hooters Restaurant) (Case File 2015-19 CUP) (Planning)
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission and recommends that the Notice of Decision be filed.
TESTIMONY: Steve Hearly appeared on behalf of the applicant
and responded to questions.
ACTION: Motion by Rios, seconded by Mendivil, to set for Public
Hearing. Carried by unanimous vote.
CONDITIONAL USE PERMITS 2015 (403-30-1)
21. Notice of Decision — Planning Commission approval of a Conditional Use
Permit for a drive -through aisle as part of a new commercial building to be
located at 1325 E. Plaza Blvd. (Applicant: Russell Stout & Associates)
(Case File 2015-22 CUP) (Planning)
RECOMMENDATION: Staff concurs with the decision of the Planning
Commission and recommends that the Notice of Decision be filed.
TESTIMONY: None,
ACTION: Motion by Cano, seconded by Mendivil, to approve staff
recommendation. Carried by unanimous vote.
TEMPORARY USE PERMITS 2015 (203-1-31)
22. Temporary Use Permit — Community Ice Skating Rink sponsored by the
National City Chamber of Commerce at Morgan Square from December
10, 2015 to December 11, 2015 with no waiver of fees. (Neighborhood
Services)
RECOMMENDATION: After preparation of the agenda it was determined
that the applicant was requesting $3,100 from the City as a co-sponsor.
Staff recommends Approve of Application for a Temporary Use Permit
subject to compliance with all conditions of approval with no waiver of fees
and requests City Council direction on the matter of being a co-sponsor.
TESTIMONY: Jacqueline Reynoso, Chamber of Commerce
President and CEO spoke in favor and responded to questions.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve the
TUP including the co-sponsor request with no waiver of fees. The
second was withdrawn.
Motion by Rios, to approve the TUP with waiver of fees and the
$3,100.00 co-sponsor fee. Motion died for lack of a second.
Motion by Sotelo-Solis, seconded by Rios, to approve with no
waiver of fees and the City not be a co-sponsor for $3,100.00.
Carried by unanimous vote.
Book 97 / Page 205
12-01-2015
NEW BUSINESS (cont.)
TEMPORARY USE PERMITS 2015 (203-1-31)
23. Temporary Use Permit — 6th Annual Mabuhay Festival at Kimball Park on
June 11, 2016 from 10 a.m. to 4 p.m. (Neighborhood Services)
RECOMMENDATION: Approve the Application for a Temporary Use
Permit subject to compliance with all conditions of approval with no waiver
of fees. Staff does not recommend the use of air -jumpers for this event.
TESTIMONY: Ditas Yamane, National City, responded to
questions.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve
staff recommendation. Carried by unanimous vote.
MUNICIPAL CODE 2015 (506-2-30)
24. Presentation of AB 243, discussion of the recent state adopted legislation
providing for state regulation of the cultivation of marijuana (AB 243)
unless there is a local ordinance prohibiting or regulating cultivation in
effect prior to March 1, 2016, whether the City Council as a policy decision
seeks to prohibit or regulate the cultivation, and seeking direction to staff
regarding a potential cultivation ordinance (regulation or prohibition).
(Planning/City Attorney)
RECOMMENDATION: Provide direction to staff.
TESTIMONY: Cynara Velazquez, San Diego, spoke in support of
marijuana cultivation.
Zack Lazaras, no residence provided, spoke in support of
marijuana cultivation.
Veronica Cuevas, National City, spoke in support of marijuana
cultivation.
Joseph Blachard, National City, spoke in support of marijuana
cultivation.
Dr. David Blair, Chula Vista, spoke in support of marijuana
cultivation_
Michael Mossbarger, National City, spoke in support of marijuana
cultivation.
John Borjn, National City Chamber of Commerce, supports local
regulation rather than prohibition.
EX PARTE DISCLOSURE: Members Morrison and Rios reported
that they watched the web -cast of the Planning Commission
meeting. Member Mendivil reported that he met with the
proponents of cultivation.
Jacqueline Reynoso, National City Chamber CEO read a letter from
the Chamber supporting local regulation of marijuana cultivation but
not prohibition.
Jessie Navarro, San Diego, spoke against marijuana cultivation.
ACTION: No vote taken.
Book 971 Page 206
12-01-2015
COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
NO AGENDA ITEMS
STAFF REPORTS
FINANCE DEPT ADMIN (1104-1-13)
25. Recognition of Fiscal Year 2016 Adopted Budget Cover Photo Contest
Winner: Dora Gallegos. (Finance)
ENGINEERING DEPT - GRANTS 1 REPORTS ADMIN (1104-1-1)
26. Update on Improvements to National City Library, Council Chambers, and
Large Conference Room. (Engineering/Public Works)
LAS PALMAS PARK ADMIN (702-3-1)
27. Update on interim skate park location at Las Palmas Park. (Community
Services)
HUMAN RESOURCES DEPT ADMIN (1104-1-2)
28. 2015 Holiday Closure and Employee Work Furlough. (Human Resources)
MAYOR AND CITY COUNCIL
Member Mendivil said he will continue to advocate for people and businesses to
do come clean-up in the city, said he looked forward to updates on the Shopping
cart program which seems to be working as well as to hear about the Alpha
Project. Member Mendivii said he was hoping to find out the name of the
volunteer group that regularly cleans the flood channel.
Member Sotelo-Solis expressed appreciation to staff for their commitment to the
community and for always responding to questions and inquiries from Council
and additional kudos to staff for the recent WITOD dedication. Member Sotelo-
Solis said it was great to see the young people at the meeting and the increasing
signs of the holiday season throughout the community.
Member Rios thanked staff for their commitment to the community; inquired
about the status of the sand bag machine and encouraged permit applicants to
refrain from publicizing their events until approved by the City Council and said
she has noticed a number of canopies throughout the city.
Book 971 Page 207
12-01-2015
MAYOR AND CITY COUNCIL (cont.)
Vice Mayor Cano reminded everyone about the War Memorial Re -dedication,
inquired about the price for the tiles at the memorial and thanked
Engineering/Pubic Works for responding to storm related issues he has referred
to them.
Mayor Morrison extended birthday wishes to Member Cano, discussed the
importance of agencies working together to get needed permits and approvals for
El Nino related problems and reported on his selection and participation as one
of 8 mayors in the nation in a 3 day Urban Planning symposium sponsored by
Rice University, the Kinder Institute and the National Conference of Mayors in
Houston Texas. The Mayor listed the upcoming holiday events for the coming
week and reported that Circulate San Diego has designated National City as the
Most Walkable City in the County.
CLOSED SESSION REPORT
City Attorney Claudia Silva reported that the City Council met on five items in
Closed Session and that there was one item to report out on. That was the Bay
Shore Management vs City of National City matter. The City Council approved a
settlement in Closed Session on a 5 to 0 vote generally on the terms of a $7500
payment, assignment of claims and a letter asking for assistance in seeking their
requested funding. (See attached Exhibit 'L')
ADJOURNMENT
Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next
Regular Meeting of the City Council and Community Development Commission —
Housing Authority of the City of National City to be held Tuesday, December 15,
2015 at 6:00 p.m. at the Councii Chambers, National City, California. Carried by
unanimous vote.
The meeting closed at 1021 p.m.
1141/4,
City C rk
The foregoing minutes were approved at the Regular Meeting of December 15,
2015.
Book 97 / Page 208
12-01-2015
Mayor
City Council and Community Development Commission — Housing Authority of
the City of National City Meeting Schedule for the Period of January 5, 2016
through January 19, 2016:
• January 05 — Dispense with Meeting
• January 19 — Regular Meeting
EXHIBIT `L'
-
: 'lIi cary
L
ao.ej_
INCO$POR�TED
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting — Tuesday, December 1, 2015 — 4:30 p.m.
ROLL CALL
CLOSED SESSION
CITY COUNCIL
1. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Frank Parra, Mark
Roberts. and Tim Davis
Employee Organization: Fire Fighters' Association
2. Conference with Labor Negotiators — Government Lode Section 54957.6
Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Jose Tellez, Mark
Roberts, and Eddie Kreisberg
Employee Organization: Police Officers' Association
3. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Bayshore Transit Management, inc., et a1. v. City of National City
San Diego Superior Court Case No. 37-2014-00040243-CU-BC-CTL
4. Conference with Legal Counsel — Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and
(e)(2)
EC Constructors v. City of National City (Matter set for mediation)
EC Constructors has asserted pending claims against the City based on the construction
contract for the Aquatic Center.
5. Conference with Legal Counsel — Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and
(e)(2)
Facts and circumstance might result in litigation against the City, but which the City
believes are not yet known to a potential plaintiff or plaintiffs.
Agenda of a Special Meeting
December 1, 2015
Page 2
ADJOURNMENT
Next Regular Meeting of the City Council and Community Development Commission —
Housing Authority of the City of National City will be held Tuesday, December 1, 2015, 6:00
p.m., Council Chambers, Civic Center