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Home My WebLink About2016 02-16 CC HA MINBook 98 / Page 26 02-16-2016 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 16, 2016 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:10 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios. Council / Board members absent: Sotelo-Solis Administrative Officials present: Dalla, Deese, Duong, Manganiello, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp. Mayor Morrison stated that Council Member Sotelo-Solis was excused from the meeting due to illness. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Leslie Davies, Oceanside, and Andrea Cunningham, Escondido, asked the City Council to consider a ban on puppy mills. Karen Clayton, Spring Valley, spoke in support of a ban on puppy mills and said she had 1,412 names on a petition in favor of a ban. Ted Godshalk, National City, Director of Paradise Creek Educational Park, expressed displeasure and concerns about activities taking place in Paradise Creek and requested there be better communication and no additional excavation activity. Juan Hidalgo, San Diego, Candidate for Congress, introduced himself to the City Council and community. Brian Clapper, National City, reminded everyone about the carnival that will be taking place at Plaza Bonita sponsored by the Sweetwater Kiwanis Club. Book 98 / Page 27 02-16-2016 PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016 (102-10-11) 1. Implementing San Diego Forward: The Regional Plan and the potential for a new regional funding source — San Diego Association of Governments (SANDAG) — Charles "Muggs" Stoll — Director of Land Use and Transportation Planning. TESTIMONY: Carolina Martinez, representing the Environmental Health Coalition, spoke in support of greater funding for transit rather than for freeway expansion. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item No. 3 (Minutes), Item Nos. 4 through 7 (Resolution No. 2016-16 through 2016-19), Item No. 8 (TUP), Item. Nos. 9 and 10 (Reports), Item Nos. 11 through 13 (Warrant Registers). Motion by Mendivil, seconded by Rios, to approve the Consent Calendar. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. MUNICIPAL CODE 2016 (506-2-31) 2. 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 THE MINUTES 3. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JANUARY 5, 2016. (City Clerk) ACTION: Approved. See above. Book 98 / Page 28 02-16-2016 CONSENT CALENDAR (cont.) CONTRACT (C2012-30) 4. Resolution No. 2016-16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RADY CHILDREN'S HOSPITAL-SAN DIEGO FOR A THREE-YEAR TERM AND A NOT -TO -EXCEED AMOUNT OF $300,000 TO PROVIDE ON -CALL SUPPORT SERVICES FOR NATIONAL CITY'S SAFE ROUTES TO SCHOOL PROGRAM. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2004-42) 5. Resolution No. 2016-17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM. THE CITY OF NATIONAL CITY WILL BE REIMBURSED $84,000 FOR FY2016 AND $84,000 FOR FY2017 BY THE SWEETWATER UNION HIGH SCHOOL DISTRICT, FOR A TWO-YEAR TOTAL OF $168,000 FOR POLICE SCHOOL RESOURCE OFFICER SERVICES. (Police) ACTION: Adopted. See above. CONTRACT (C2009-106) 6. Resolution No. 2016-18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN SYSTEMS CORPORATION AMENDING THE DECEMBER 1, 2017 AGREEMENT EXPIRATION DATE CONTAINED IN THE FIRST AMENDMENT TO FEBRUARY 29, 2016 AND REDUCING THE NOT -TO - EXCEED AMOUNT FOR THIS REVISED TERM TO $12,765.00. (MIS) ACTION: Adopted. See above. CONTRACT (C2016-5) 7. Resolution No. 2016-19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.110(B) OF THE NATIONAL CITY MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE A ONE YEAR SOFTWARE MAINTENANCE AGREEMENT WITH COHERO IN THE TOTAL NOT -TO -EXCEED AMOUNT OF $104,000 TO SUPPORT THE NORTHROP GRUMMAN LAW ENFORCEMENT RECORDS MANAGEMENT SYSTEM. (MIS) ACTION: Adopted. See above. Book 98 / Page 29 02-16-2016 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2016 (203-1-32) 8. Temporary Use Permit — National City Host Lions Club 71st Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from June 30, 2016 to July 4, 2016. This is a City co- sponsored event per Council Policy No. 804. (Neighborhood Services) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2015-2016 (204-1-31) 9. Investment Report for the quarter ended December 31, 2015. (Finance) ACTION: Filed. See above. FINANCIAL MANAGEMENT 2015-2016 (204-1-31) 10. National City Sales Tax Update Newsletter — Third Quarter 2015. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 11. Warrant Register #26 for the period of 12/23/15 through 12/29/15 in the amount of $0.00. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 12. Warrant Register #27 for the period of 12/30/15 through 01/05/16 in the amount of $2,159,182.21. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 13. Warrant Register #28 for the period of 01/06/16 through 01/12/16 in the amount of $956,417.65. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS CONDITIONAL USE PERMITS 2016 (403-31-1) 14. Public Hearing — Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-24 CUP) (Planning) RECOMMENDATION: Staff recommends approval of the Conditional Use Permit. TESTIMONY: Shelly Kilbourn, representing Verizon Wireless, responded to questions. Jesus Preciado, National City, spoke in opposition. Book 98 / Page 30 02-16-2016 PUBLIC HEARINGS (cont.) CONDITIONAL USE PERMITS 2016 (403-31-1) 14. Public Hearing — Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue (continued). ACTION: Motion by Cano, seconded by Mendivil, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. Motion by Rios, seconded by Mendivil, to approve the Conditional Use Permit based on the findings with added conditions. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. ORDINANCES FOR INTRODUCTION MUNICIPAL CODE 2016 (506-2-31) 15. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLES 7 AND 11 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO RECREATIONAL VEHICLES. (Neighborhood Services) NEW BUSINESS TEMPORARY USE PERMITS 2016 (203-1-32) 16. Temporary Use Permit — "Ragnar Relay SoCal 2016" running relay race sponsored by Ragnar Events LLC in partnership with the Orange County Child Abuse Prevention Center on April 2, 2016 from 9 a.m. to 6 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. Book 98 / Page 31 02-16-2016 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2016 (203-1-32) 17. Temporary Use Permit — The Campagnolo GranFondo San Diego sponsored by GranFondo Cycling Tours on April 10, 2016 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. AQUATIC CENTER ADMIN (702-13-1) 18. Seeking City Council direction and request authorization to begin negotiating terms with Southwestern College for a National City Aquatic Center Operating Agreement. (Community Services) RECOMMENDATION: Authorize City staff to begin negotiating terms with Southwestern College (SWC) for a National City Aquatic Center (NCAC) Operating Agreement to be brought back to City Council for approval in May. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 19. Proposal from the Miss National City Alumni to produce and manage Miss National City Pageant. (Community Services) RECOMMENDATION: Given that the 2016 Pageant is less than five months away, Staff recommends the Alumni participate in this year's Pageant as volunteers. Should the City Council desire to engage the Alumni as a consultant or transfer the Pageant to said group for the 2016 Pageant season, the City Council would need to approve an Agreement or transfer of the Pageant no later than the March 1, 2016 City Council meeting. TESTIMONY: None. ACTION: Member Rios requested that the item be held over to the next meeting when all members of the Council would be present. Motion by Rios, seconded by Mendivil, to continue the item. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. Book 98 / Page 32 02-16-2016 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS CITY ATTORNEY REPORTS (509-1-3) 20. Presentation: 2015 Legislative Update. (City Attorney) MAYOR AND CITY COUNCIL Member Mendivil inquired about how the success of the contract with the Alpha Project for homeless outreach can be measured, expressed frustration about our ability to address the homeless individual that frequents the 8th Street area and shared information about the Chula Vista Police Department partnering with the Dream Center to address homeless issues in their city. Member Rios reported that she was part of a group that attended a League of California Cities briefing on medical marijuana legislation; mentioned that the Rotary Club has invited County Supervisor Greg Cox to address their next meeting and she extended an invitation to the Mayor and Council to attend. Member Cano thanked staff for their quality work and said he has had a many positive comments on the beautification and improvements that have been done to the City Council Chamber. Mayor Morrison reported that he has been meeting with legislators at the State and Federal level and that there are some good funding opportunities being proposed. City Treasurer Beauchamp expressed his concern about the City's cash flow, reserves and stock market volatility as well as potential parking and sewer problems associated with the 70-unit development on Sheryl Lane. CLOSED SESSION REPORT City Attorney Claudia Silva stated that "the City Council met in Closed Session on four items and there was a report out on the first item which is EC Constructors v. the City of National City, a mediation matter. EC Constructors had several claims against the City based on the construction contract for the Aquatic Center. The City Council, by a vote of 4 to 0 voted to accept a settlement agreement based on the following terms, generally: 1) The City will pay to EC Constructors, $675,000 allocated as follows: $573,522 for Book 98 / Page 32a 02-16-2016 CLOSED SESSION REPORT (cont.) payment as the contract balance. The first portion or about $392,768 will be paid within ten business days of approval by the City Council. The second portion which is the retention in the amount of $180,754 shall be released to EC Constructors in accordance with contract and statutory requirements; $101,478 as remainder of payment of claims against the City will be paid by March 15th subject to our right to withhold for incomplete work, if any occurs. In addition, the City is waiving its claims for liquidated damages and any damages for the delay against EC Constructors arising from the project. EC Constructors will perform the punch -list work, about 1/2 dozen items, remaining to be completed at the Aquatic Center. The parties agreed to release and discharge any and all claims they may have against each other with certain reservations and there is generally a 5214 waiver. The release matters do not include anything created by the agreement itself and does not include the rights to one another or third party claims. In addition, it does not negate any warranty requirements that are already contained in the contract. Otherwise, the parties have generally released their claims against each other. There are some standard provisions regarding the admissibility and such. This is intended to be the entire and complete resolution of all pending claims in regards to the Aquatic Center Project. That concludes the report." (See attached Exhibit `L') ADJOURNMENT Motion by Rios, 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, March 1, 2016 at 6:00 p.m. at the Council Chambers, National City, California. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. The meeting closed at 8:53 p.m. 24LZJJd1 City Ierk The foregoing minutes were approved at the Regular Meeting of June 7, 2016. Mayor EXHIBIT `L' +}- CALIFORNIA+ NATIONAL CI'i V _�'��/�� INCORPORAT>;D 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, February 16, 2016 — 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. 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 (Mediation) EC Constructors has asserted pending claims against the City based on the construction contract for the Aquatic Center. 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) and 54956.9(d)(1) Ali Alejandro Mendoza v. City of National City, et al. United States District Court Case No. 15-cv-1528-JAN-BGS 3. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) and 54956.9(d)(1) Jesus Flores v. City of National City, et al. United States District Court Case No. 15-cv-1463-W-DHB 4. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) and 54956.9(d)(1) Cline Chapman v. City of National City, et al. United States District Court Case No. 15-cv-1524-GPC-JLB ADJOURNMENT Next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City will be held Tuesday, February 16, 2016, 6:00 p.m., Council Chambers, Civic Center