HomeMy WebLinkAbout2016 08-16 CC HA MINBook 98 / Page 135
08-16-2016
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
August 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, Sotelo-Solis.
Administrative Officials present: Aguirre, Beveridge, Dalla, Deese, Denham,
Duong, Manganiello, Muthusamy, Raulston, Roberts, Silva, Stevenson, Tellez,
Williams, Ybarra.
Others present: City Treasurer Mitch Beauchamp and Student Representative
Reah Sahagun.
PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON
PUBLIC COMMENTS
Jesse Aguirre, National City, expressed displeasure that one of the
Councilmembers is supporting a former City Council Member's candidacy for
election.
Micki Head, National City, extended an invitation to the Friends of the Library
fundraising pizza party on September 8th at the Library.
Brian Vine and Jackie from Lincoln Acres School extended an invitation to their
Sixth Grade Camp fundraising spaghetti dinner.
Janice Martinelli, National City, spoke about the problems she and her neighbors
experienced as a result of a large party event held at McDinni's Restaurant over
the weekend.
Christine Pearson, National City, also spoke of the problems she experienced as
a result of the event at McDinni's.
AGENDA ITEMS WERE MOVED UP ON THE AGENDA AT THE REQUEST OF
CITY COUNCIL AND STAFF
Book 98 / Page 136
08-16-2016
Item No. 15 was taken up next
PUBLIC HEARINGS
CONDITIONAL USE PERMITS 2016 (403-31-1)
15. Public Hearing — Conditional Use Permit for beer and wine sales at Gama
Produce located at 1605 East 4th Street. (Applicant: Susana Maza)
(Case File 2015-28 CUP) (Planning)
RECOMMENDATION: City Manager Leslie Deese stated that, based on
new information just received, staff is recommending that the Public
Hearing, Item #15, be pulled from tonight's agenda.
POINT OF CLARIFICATION: It was clarified that, if pulled, the
Hearing would be re -noticed and re -published as a new Public
Hearing when appropriate. It was requested that everyone who
submitted a speaker slip for the hearing be notified when a new
hearing date is set if they have provided their complete contact
information.
ACTION: Motion by Cano, seconded by Mendivil, to pull Item No.
15 to allow further review. Carried by the following vote, to -wit:
Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Abstain:
None. Absent: None.
Item No. 25 was taken up next
NEW BUSINESS
ELECTION NOV 2004 — PROPOSITIONS (505-16-03)
25. City Council discussion of term limits for City Council members. (City
Manager, City Clerk and City Attorney) **Continued from Council meeting
of 6/21 /16**
RECOMMENDATION: Request Council direction.
TESTIMONY: None.
ACTION: Member Mendivil stated that he would like to, pull Item
No. 25 for tonight and bring it back for a future meeting. Seconded
by Cano. Carried by unanimous vote.
PRESENTATIONS
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016
(102-10-11)
1. Recognition of outgoing Student Council Representative, Reah Sahagun
and introduction of incoming Student Council Representative, Jose
Estrada by Sweetwater Principal Marylou Gavin. (City Clerk)
Book 98 / Page 137
08-16-2016
PRESENTATIONS (cont.)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016
(102-10-11)
2. Farewell to Miss National City and Court 2015, and Introduction of Miss
National City and Court 2016. (Community Services)
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016
(102-10-11)
3. Equinox Project's 2016 San Diego Regional Quality of Life Dashboard —
Stephen Heverly, Senior Project Manager — Equinox Project
COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016
(102-10-11)
4. 6th Annual "Career Pathways to Success" Job Fair — Jacqueline Reynoso,
President, National City Chamber of Commerce and Diane Rose,
Executive Director, South County Career Center.
CITY COUNCIL
CONSENT CALENDAR
ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item No. 6
(Minutes), Item Nos. 7 through 11 (Resolution No. 2016-115 through 2016-119),
Item Nos. 12 through 14 (Warrant Registers). Motion by Sotelo-Solis, seconded
by Mendivil, to pull Item No. 11, and to approve the remainder of the Consent
Calendar. Carried by unanimous vote.
MUNICIPAL CODE 2016 (506-2-31)
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 ADJOURNED REGULAR
MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL
CITY OF AUGUST 2, 2016 AND THE CORRECTED MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY
DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY
OF NATIONAL CITY OF JUNE 21, 2016. (City Clerk)
ACTION: Approved. See above.
Book 98 / Page 138
08-16-2016
CONSENT CALENDAR (cont.)
EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1)
7. Resolution No. 2016-115. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS
PURSUANT TO NCMC 2.60.220(B) AND (C) FOR THE SOLE SOURCE
PURCHASE OF FIVE (5) ZOLL X SERIES MANUAL
MONITOR/DEFIBRILLATORS WITH ACCESSORIES FROM ZOLL
MEDICAL CORPORATION IN THE AMOUNT OF $89,463.40 TO BE
ADDED TO THE $80,490.00 FROM THE REGIONAL COOPERATIVE
CARE PROGRAM RCCP/AMR TOTALING $169,953.40. (Fire)
ACTION: Adopted. See above.
GRANT / LIBRARY (206-4-10)
8. Resolution No. 2016-116. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF
$18,000 GRANT FROM THE CALIFORNIA LIBRARY LITERACY
SERVICES (CLLS) TO FUND THE LIBRARY'S LITERACY SERVICES
FOR FY2016-17; AND AUTHORIZING THE ESTABLISHMENT OF FUND
APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET.
(Library)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
9. Resolution No. 2016-117. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
40 FEET OF RED CURB "NO PARKING" ALONG THE WEST SIDE OF
EUCLID AVENUE IMMEDIATELY NORTH OF THE COMMERCIAL
DRIVEWAY TO NATIONAL CITY PLAZA SHOPPING CENTER,
LOCATED AT 2323 E. DIVISION STREET, TO ENHANCE VISIBILITY
FOR DRIVERS EXITING THE SHOPPING CENTER. (TSC No. 2016-03)
(Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
10. Resolution No. 2016-118. 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 624 E. 3RD STREET. (TSC No. 2016-05)
(Engineering/Public Works)
ACTION: Adopted. See above.
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08-16-2016
CONSENT CALENDAR (cont.)
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (406-2-11)
11. Resolution No. 2016-119. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING THE FINAL AUDIT
REPORT FOR THE MORGAN SQUARE BUSINESS IMPROVEMENT
DISTRICT FOR THE PERIOD FROM JANUARY 1, 2008 THROUGH AND
INCLUDING JUNE 30, 2014. (Planning)
ACTION: Motion by Cano, seconded by Mendivil, to adopt the
Resolution. Carried by unanimous vote.
WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30)
WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31)
12. Warrant Register #1 for the period of 06/29/16 through 07/05/16 in the
amount of $2,860,739.05. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31)
13. Warrant Register #2 for the period of 07/06/16 through 07/12/16 in the
amount of $232,627.99. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31)
14. Warrant Register #3 for the period of 07/13/16 through 07/19/16 in the
amount of $3,498,058.40. (Finance)
ACTION: Ratified. See above.
PUBLIC HEARINGS
CONDITIONAL USE PERMITS 2016 (403-31-1)
15. Public Hearing — Conditional Use Permit for beer and wine sales at Gama
Produce located at 1605 East 4th Street. (Applicant: Susana Maza)
(Case File 2015-28 CUP) (Planning)
RECOMMENDATION: Staff recommended the Public Hearing be pulled
from the agenda to allow further review.
TESTIMONY: None.
ACTION: Pulled from the agenda at the beginning of the meeting.
See above.
Book 98 / Page 140
08-16-2016
PUBLIC HEARINGS (cont.)
CITY — OWNED LAND / SALE — LEASE (1001-1-1)
CONTRACT (C2006-28)
16. Public Hearing conducted in accordance with California General Code
Section 52201 to discuss and consider the findings of a Summary Report
pertaining to the sale and conveyance of certain Real Property located in
the City of National City with a street address of 1640 E. Plaza Blvd.,
(APN # 557-410-20), from the City of National City to Palm Plaza
Associates, LLC pursuant to a Real Property Purchase and Sale
Agreement and Joint Escrow Instructions. (Housing and Economic
Development)
RECOMMENDATION: Conduct the Public Hearing.
TESTIMONY: Mike Jariwala, National City, expressed in interest in
purchasing the property.
ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close
the Public Hearing. Carried by unanimous vote.
NON CONSENT RESOLUTIONS
CITY — OWNED LAND / SALE — LEASE (1001-1-1)
CONTRACT (C2006-28)
17. Resolution No. 2016-120. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ACCEPTING THE FINDINGS MADE IN
THE SUMMARY REPORT PURSUANT TO CALIFORNIA GENERAL
CODE SECTION 52201 PERTAINING TO THE SALE OF A 1.07-ACRE
PARCEL OF VACANT LAND LOCATED AT 1640 EAST PLAZA BLVD. IN
NATIONAL CITY TO PALM PLAZA ASSOCIATES, LLC AND
APPROVING A REAL PROPERTY PURCHASE AND SALE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR SAID
VACANT LAND. (Housing & Economic Development)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the
Resolution. Carried by the following vote, to -wit: Ayes: Cano,
Morrison, Rios, Sotelo-Solis. Nays: Mendivil. Abstain: None.
Absent: None.
Book 98 / Page 141
08-16-2016
NON CONSENT RESOLUTIONS (cont.)
PROPERTY TAX RATE BONDED INDEBTEDNESS ADMIN (205-2-2)
18. Resolution No. 2016-121. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE
FOR THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL
YEAR 2017 FROM 0.92 CENTS PER $100 OF ASSESSED VALUATION
TO 0.88 CENTS, A DECREASE OF 4.55%. (Finance)
RECOMMENDATION: Adopt the Resolution, reducing the property tax
rate for the Library General Obligation Bonds for Fiscal Year 2017 from
0.92 cents per $100 of assessed valuation to 0.88 cents.
TESTIMONY: None.
ACTION: Motion by Mendivil, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
CONDITIONAL USE PERMITS 2016 (403-31-1)
19. Resolution No. 2016-122. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE
PERMIT FOR A CRAFT BEER TASTING ROOM (NOVO BRAZIL) AT 27
& 41 EAST 8TH STREET. (Applicant: Joshua Renner) (Case File 2016-
12 CUP) (Planning)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Janice Martinelli, National City, spoke in opposition.
Christina Pearson, National City, expressed concerns and spoke in
opposition.
ACTION: Motion by Rios, seconded by Cano, to adopt the
Resolution. Carried by unanimous vote.
STREET VACATION ADMIN 2011-2020 (902-26-6)
20. Resolution No. 2016-123. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTION OF AN
ORDER OF VACATION OF 250 FEET OF "A" AVENUE LOCATED
SOUTH OF EAST 28TH STREET AND NORTH OF EAST 29TH
STREET. (Applicant: Frank Motors) (Case File No. 2013-23 SC)
(Planning)
RECOMMENDATION: None.
TESTIMONY: Joseph Leon, National City, spoke in opposition.
Jonathan Romero, National City, spoke in opposition.
Juan Romero, National City, spoke in opposition.
ACTION: Motion by Morrison, seconded by Sotelo-Solis, to adopt
the Resolution. Second withdrawn.
Motion by Sotelo-Solis, seconded by Rios, to come back with a
Resolution to deny the street closure. Carried by the following vote,
to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: Morrison.
Abstain: None. Absent: None.
EXPARTE DISCLOSURE: Members Morrison and Mendivil
disclosed that they had contact with residents prior to the meeting.
Book 98 / Page 142
08-16-2016
NON CONSENT RESOLUTIONS (cont.)
CONTRACT (C2016-34)
21. Resolution No. 2016-124. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO
PORTILLO CONCRETE, INC. IN THE NOT -TO -EXCEED AMOUNT OF
$2,496,925 FOR THE SEWER LINE REPLACEMENT AND UPSIZING
PROJECT, CIP NO. 16-05; 2) AUTHORIZING A 15% CONTINGENCY IN
THE AMOUNT OF $374,538.75 FOR ANY UNFORESEEN CHANGES; 3)
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4)
AUTHORIZING THE APPROPRIATION OF $1,500,000 IN THE SEWER
UPSIZING CIP ACCOUNT FROM SEWER SERVICE FUND BALANCE.
(Engineering/Public Works)
RECOMMENDATION: Adopt the Resolution awarding a contract to
Portillo Concrete in the not -to -exceed amount of $2,496,925 for the Sewer
Line Replacement and Upsizing Project, CIP No. 16-05.
TESTIMONY: None.
ACTION: Motion by Mendivil, seconded by Rios, to adopt the
Resolution. Carried by unanimous vote.
NEW BUSINESS
TEMPORARY USE PERMITS 2016 (203-1-32)
22. Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas
Trees, Inc. at Westfield Plaza Bonita Mall from September 23, 2016 thru
October 31, 2016 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 Sotelo-Solis, seconded by Cano, to approve
staff recommendation. Carried by unanimous vote.
EL TOYON PARK ADMIN / TINY TOTS (702-6-1)
23. City Council direction regarding parking options for El Toyon Park parking
lot. (Engineering/Public Works)
RECOMMENDATION: Provide direction to staff regarding options for El
Toyon Park parking lot.
TESTIMONY: Rita Heuss, National City, urged the Council to do
the right think.
ACTION: Motion by Cano, seconded by Mendivil, to approve
Option #2. Carried by unanimous vote.
Book 98 / Page 143
08-16-2016
NEW BUSINESS (cont.)
COUNCIL POLICY MANUAL (102-13-1)
24. City Council Policy #118 — City Council attendance at staff -level working
groups. (City Manager)
RECOMMENDATION: Request Council direction.
TESTIMONY: None.
ACTION: Motion by Mendivil, that Policy #118 again be retroactive
two years back and at this point in time the rotation occurs at this
point in time so that the policy takes effect immediately.
Mayor Morrison said he didn't get the last part of the motion.
Member Mendivil clarified; that this policy take effect immediately
meaning it's retroactive so that the person that's on this committee
at this time would rotate off now because that person has already
been on for two years and subsequent years would continue in that
fashion.
Vice Mayor Cano asked that the motion be repeated.
Member Mendivil clarified; I would like to move that City Council
Policy No. 118 be retroactive from the June 21st meeting, two years
back, so that at this point in time the person rotates off and in
subsequent years it continues in that fashion, so the motion is
about the retroactivity.
POINT OF ORDER: Member Rios asked if the motion was legal
under the circumstances with the case studies we have?
City Attorney Silva responded that there is nothing on point for this
very unique situation.
Member Rios stated for the record that she intends to challenge the
motion and inquired if there can be a motion and vote if she is
going to challenge it?
City Attorney Silva responded that there is nothing to preclude the
vote. If the Council wants to take a vote and then wants additional
information, they can direct that come back.
Mayor Morrison inquired if there is a likelihood of more information.
City Attorney Silva responded that the retro-activity is something
that is being mentioned on the dais tonight for the first time and in
that instance it has not been discussed before, so if the Council
would like to take more time that would be helpful to look at.
ACTION: Vice Mayor Cano seconded the motion. Motion carried by
the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays:
Rios, Sotelo-Solis. Abstain: None. Absent: None.
Book 98 / Page 144
08-16-2016
NEW BUSINESS (cont.)
ELECTION NOV 2004 — PROPOSITIONS (505-16-03)
25. City Council discussion of term limits for City Council members. (City
Manager, City Clerk and City Attorney) **Continued from Council meeting
of 6/21/16**
RECOMMENDATION: Request Council direction.
TESTIMONY: None.
ACTION: Pulled from the agenda at the beginning of the meeting.
See above.
COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
NO AGENDA ITEMS
MAYOR AND CITY COUNCIL
Member Mendivil said, "I would like to take this time to publically apologize to
Mrs. Rios if there is any way, that anything I've said or done that has hurt you, I
ask for your forgiveness".
Member Mendivil praised the Relay for Life event and said it is an awesome
event that defines National City and reported that he had the honor to attend an
Eagle Scout Court of Honor for Paul Ruiz on Saturday.
Member Sotelo-Solis said the meeting involved a lot of great work and dialogue
and thanked staff for all their reports and information. She expressed concern
about the retroactive component of the last vote, reported on the walk audit
conducted on the West Side and her concerns about out -reach and attendance
and thanked staff for quickly addressing the ball field issue and replacing the
missing home plate.
Member Rios said, "I would first like to say to my colleague (Mr. Mendivil), you
didn't hurt my feelings ... I am not hurt in any way from your decisions. I'm just
very disappointed in them."
Member Rios said two things that she saw during the meeting that she was
proud of is that the Council does listen to the residents and she hopes residents
will realize their presence is important. Member Rios also reported an incident
that came to her attention regarding a Police Officer who stopped to render
assistance to a motorist with a flat tire. That speaks to the caliber of employees
we have.
Book 98 / Page 145
08-16-2016
MAYOR AND CITY COUNCIL (cont.)
Mayor Morrison praised the Relay for Life as a very awesome and successful
event where many people come out trying to raise money and make a difference.
The Mayor said he has received rave reviews about the improvements in El
Toyon Park and comments from people about all the other construction and
projects going on in the city and expressed appreciation to City Staff and the
contractors doing the work.
CLOSED SESSION REPORT
City Attorney Claudia Silva stated there was nothing to report from the Closed
Session. (See attached Exhibit `L')
ADJOURNMENT
Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next
Regular Meeting of the City Council and Community Development Commission —
Housinq Authority of the City of National City to be held Tuesday, September 6,
2016 at 6:00 p.m. at the Council Chambers, National City, California. Carried by
unanimous vote.
The meeting closed at 10:22 p.m.
rA Xla .4/ A City Ierk
The foregoing minutes were approved at the Regular Meeting of September 20,
2016.
EXHIBIT `L'
CALIFORNIA
NATIONAL IONfA\L1 CIr y
(:iG
INCORPORATED
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
AND
SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT COMMISSION AS THE
NATIONAL CITY REDEVELOPMENT AGENCY
Main Conference Room
Civic Center
1243 National City Boulevard
National City, California
Special Meeting — Tuesday, August 16, 2016 — 5:00 p.m.
•
ROLL CALL
CLOSED SESSION
CITY COUNCIL
1. Conference with Labor Negotiators — Government Code Section 54957.6
Agency Designated Representatives: Stacey Stevenson
Employee Organization: Confidential Group
2. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(d)(1)
City of National City, Successor Agency v. Morgan Square, Inc.
San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL
SUCCESSOR AGENCY
3. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(d)(1)
City of National City, Successor Agency v. Morgan Square, Inc.
San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL
ADJOURNMENT
Next Regular City Council and Successor Agency Meetings: Tuesday, August 16, 2016,
6:00 p.m., Council Chambers, Civic Center