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Home My WebLink About2016 12-20 CC HA MINBook 98 1 Page 224 12-20-2016 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 20, 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 6:06 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Hernandez, Muthusamy, Raulston, Roberts, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Jose Estrada. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 8, 2016 ELECTION NOV 2016 ADMIN (505-25-1) 1. Resolution No. 2016-205. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2016, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. ELECTION NOV 2016 ADMIN (505-25-1) 2. SWEARING IN OF NEWLY ELECTED OFFICIALS - Jerry Cano - City Council, Alejandra Sotelo-Solis - City Council, Michael Dalla - City Clerk, Mitchel Beauchamp - City Treasurer Arturo Solis, Board President, Sweetwater Union High School District, administered the ceremonial Oath of Office to newly re-elected Council Member Alejandra Sotelo-Solis. State Senator Ben Hueso administered the ceremonial Oath of Office to newly re-elected Council Member Jerry Cano. Book 98 / Page 225 12-20-2016 BUSINESS RELATING TO GENERAL MUNICIPAL ELECTION NOVEMBER 8, 2016 (cont.) ELECTION NOV 2016 ADMIN (505-25-1) 2. SWEARING IN OF NEWLY ELECTED OFFICIALS (continued). City Clerk Michael Dalla administered the Oath of Office to newly re- elected City Treasurer Mitch Beauchamp. Maria Dalla, Board President, National School District Governing Board, administered the ceremonial Oath of Office to newly re-elected City Clerk Michael Dalla. INCOMING ELECTED OFFICIALS COMMENTS City Clerk Dalla said he has been blessed to have the opportunity to serve the people of National City for many years, that he considers it a great honor and a sacred trust, one that he takes very seriously and that he looked forward to continue to do the best he can to serve the people of National City. City Treasurer Mitch Beauchamp, highlighted his family's long history in the City going back to 1890 when his grandfather was born in the City and later served as a volunteer fire fighter and his uncle served as a police officer. Mr. Beauchamp praised the professional staff in the Finance Department and the careful handling of funds and reserves by the City Council and City Manager and said he looked forward to another four years of stability and progress in the City. Council Member Jerry Cano thanked everyone who voted for him and promised those that didn't that he would work more than hard to make them believe in him, Member Cano said we can all work together to beautify the City and especially thanked his wife, family and volunteers for all their help as well as State Senator Ben Hueso. Council Member Sotelo-Solis said she was especially proud to be sworn - in by her husband Arturo and to share the moment with her three daughters. As a third generation resident, she grew up on the West side, went to college and came back because she wanted to make a difference. She acknowledged her grandparents, parents and extended family who instilled in her strong values and promised in the next four years to continue to work to bring about sound policy, improve neighborhoods, create job friendly environment and promote engagement in the political process. Book 98 / Page 226 12-20-2016 RECESS A recess was called at 6:26 p.m. The meeting reconvened at 6:51 p.m. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Hernandez, Muthusamy, Raulston, Roberts, Stevenson, Vergara, Williams, Ybarra. PUBLIC COMMENTS Manuel Juarez, Chula Vista, urged the City to allow students to return to the Beacon Academy School site. Brandon Smith, San Diego, a teacher at Beacon Academy, expressed his desire to be allowed to return to the school site. Eunice Olacheea, San Diego, spoke in support of Beacon Academy. Dinorah Juarez, Chula Vista, a parent, spoke in support of Beacon Academy. Alma Van Nice, National City, Director of Beacon Classical Academy, submitted a petition and asked for the support and help of the City Council to be allowed to return to their facility. Zack Peterson, Lemon Grove, a parent, appealed for help on behalf of Beacon Academy. Tamara Peterson, Lemon Grove, spoke in support of Beacon Academy. PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 3. Employee of the Quarter 2016 — Paul Kane, Fire Engineer INTERVIEWS / APPOINTMENTS VICE MAYOR APPOINTMENT ADMIN (101-20-1) 4. Selection of Vice Mayor. (City Attorney) ACTION: Motion by Morrison, seconded by Cano, to appointment Member Albert Mendivil as Vice Mayor. Substitute Motion by Sotelo-Solis, seconded by Rios, to appointment Member Mona Rios as Vice Mayor. TESTIMONY: Alma Sarmiento, National City, spoke in support of appointing Member Mona Rios. Jose Rodriguez, National City, spoke in support of appointing Member Mona Rios. Book 98 / Page 227 12-20-2016 INTERVIEWS / APPOINTMENTS (cont.) VICE MAYOR APPOINTMENT ADMIN (101-20-1) 4. Selection of Vice Mayor (continued). TESTIMONY: David Garcia, representing SEIU 221, spoke in support of appointing Member Mona Rios. Michel Krug, San Diego, spoke in support of appointing Member Mona Rios. Lydia Loris, El Cajon, spoke in support of appointing Member Mona Rios. ACTION: Substitute motion, to appoint Member Mona Rios as Vice Mayor failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Original motion, to appoint Member Albert Mendivil as Vice Mayor carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Staff was requested to place an item on the February 7th, 2017 agenda to discuss recommended criteria for the selection of the Vice Mayor. There was no vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item Nos. 6 and 7 (Resolution No. 2016-206 and 2016-207), Item No. 8 (Report). Motion by Sotelo- Solis, seconded by Cano, to approve 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. Book 98 / Page 228 12-20-2016 CONSENT CALENDAR (cont.) CONTRACT (C2015-60) 6. Resolution No. 2016-206. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEDIFIT COMMUNITY SERVICES LLC, DOING BUSINESS AS EXOS, EXERCISING THE OPTION TO EXTEND THE TERM BY 12 MONTHS ENDING ON JUNE 30, 2018 AND TO AMEND SECTIONS OF THE AGREEMENT TO REFLECT THE ACTUAL TERMS AND OPERATIONS. (Community Services) ACTION: Adopted. See above. CONTRACT (C2016-59) 7. Resolution No. 2016-207. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC. IN THE NOT -TO - EXCEED AMOUNT OF $983,756.49 FOR THE DIVISION STREET TRAFFIC CALMING PROJECT, CIP NO. 16-09; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $147,563.47 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 8. Investment transactions for the month ended October 31, 2016. (Finance) ACTION: Filed. See above. ORDINANCES FOR INTRODUCTION MUNICIPAL CODE 2016 (506-2-31) 9. (A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL. (B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE RETIREE HEALTH CARE BENEFITS FOR THE MAYOR AND CITY COUNCIL. (City Attorney) ACTION: Motion by Cano, seconded by Mendivil, to recommend the Mayor's salary be increased to $65,000. Substitute motion by Sotelo-Solis, seconded by Rios, in favor of staff recommendation of a 10% increase for both the City Council and the Mayor. Substitute motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Book 98 / Page 229 12-20-2016 ORDINANCES FOR INTRODUCTION (cont.) MUNICIPAL CODE 2016 (506-2-31) 9. (A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL (continued). ACTION: Original motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, that we move ahead with the Ordinance (Part B — Retiree Health Benefit for Mayor and City Council) but change the language that the vesting go along with that of Managers and Executives. Carried by unanimous vote. It was clarified that the Ordinance will reflect the change and be brought back for adoption at the next meeting. ORDINANCES FOR ADOPTION MUNICIPAL CODE 2016 (506-2-31) 10. Ordinance No. 2016-2417. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 2.60.035, 2.60.250, AND 2.60.270 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY MANAGER'S CONTRACTING AUTHORITY. (City Attorney) RECOMMENDATION: Adopt proposed Ordinance. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Ordinance. Carried by unanimous vote. NON CONSENT RESOLUTIONS FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 11. Resolution No. 2016-208. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FOLLOWING ACTIONS TO FACILITATE COMPLETION OF PRIORITY CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS: 1) RELEASE OF GENERAL FUND (GF) APPROPRIATIONS IN THE AMOUNT OF $990,460.24 FROM CIVIC CENTER CHILLER, KIMBALL TOWER REHABILITATION, GEORGE H. WATERS NUTRITION CENTER IMPROVEMENTS (PHASES I & II), KIMBALL RECREATION CENTER ROOF REPLACEMENT, MLK JR COMMUNITY CENTER IMPROVEMENTS, AND CASA DE SALUD MANUEL PORTILLO YOUTH CENTER IMPROVEMENTS PROJECTS; 2) APPROPRIATE $990,460.24 TO CORRESPONDING GF EXPENDITURE ACCOUNTS FOR POLICE DEPARTMENT BUILDING IMPROVEMENTS (PHASE I), ARTS CENTER ROOF REPLACEMENT, DRAINAGE IMPROVEMENTS, AND STREET Book 98 / Page 230 12-20-2016 NON CONSENT RESOLUTIONS (cont.) FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 11. Resolution No. 2016-208 (continued). RESURFACING PROJECTS; 3) RELEASE OF INFORMATION SYSTEMS MAINTENANCE (ISM) APPROPRIATIONS IN THE AMOUNT OF $70,171.70 FROM SECURITY CARD ACCESS SYSTEM AND CIVIC CENTER DATA CENTER AC PROJECTS; AND 4) APPROPRIATE $70,171.70 TO CORRESPONDING ISM EXPENDITURE ACCOUNT FOR PUBLIC SAFETY CAMERAS PROJECT FOR THE NATIONAL CITY AQUATIC CENTER. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2013-51) 12. Resolution No. 2016-209. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SITE INFRASTRUCTURE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND PARADISE CREEK II HOUSING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, TO SUBCONTRACT THE CITY TO PERFORM REMEDIATION WORK NEEDED ON THE PUBLIC PARK COMPONENT OF THE WESTSIDE TRANSIT -ORIENTED AFFORDABLE HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT AND PAY THE CITY $4,800,000 IN SATISFACTION OF PARADISE CREEK II HOUSING PARTNERS OBLIGATION TO IMPROVE SAID PUBLIC PARK AND ESTABLISHING THE APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR SAID AGREEMENT. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS TEMPORARY USE PERMITS 2016 (203-1-32) 13. Temporary Use Permit — South Bay Community Church requesting to have a shipping container for storage at 2400 Euclid Avenue from December 21, 2016 thru December 21, 2017 with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit with no waiver of fees subject to compliance with all conditions of approval. Book 98 / Page 231 12-20-2016 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2016 (203-1-32) 13. Temporary Use Permit — South Bay Community Church requesting to have a shipping container for storage at 2400 Euclid Avenue from December 21, 2016 thru December 21, 2017 with no waiver of fees (continued). TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2016 (203-1-32) 14. Temporary Use Permit — "Frank King's Christmas with Kids" hosted by Christmas with Kids at 223 E. 3rd Street on December 25, 2016 from 7 a.m. to 11 a.m. The applicant has requested a 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 Cano, seconded by Mendivil, to approve staff recommendation with a waiver of fees. Carried by unanimous vote. COUNCIL WORKSHOP NOTICES / ADMIN (102-6-1) 15. Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2018 and Five -Year Strategic Plan. (Finance) RECOMMENDATION: Approve staffs recommended budget and strategic planning workshop dates. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve staff recommendation. Carried by unanimous vote. BUDGET FY 2016-2017 (206-1-32) 16. Staff Report: Fiscal Year 2016 and 1st Quarter Fiscal Year 2017 Budget Review. (Finance) RECOMMENDATION: Accept the staff report as presented. TESTIMONY: None. ACTION: No action taken. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS Book 98 / Page 232 12-20-2016 MAYOR AND CITY COUNCIL Student Representative Jose Estrada said it was an Interesting meeting especially with respect to the selection of the Vice Mayor. City Treasurer Mitch Beauchamp encouraged Council Members to attend the sales tax meetings that are held twice a year to gain insight and perspective. City Clerk Dalla extended Christmas greetings to all. Member Mendivil said he continues to be impressed with Student Representative Estrada and his ability to articulate his thoughts. Mr. Mendivil said his review of the Vice Mayor selection process shows that it has been very inconsistent over the years and that it is important to have perspective. He thanked people for their support and wished everyone a Merry Christmas. Member Sotelo-Solis thanked staff for the welcoming cakes after the swearing -in; requested consideration of a proclamation for a small business (Monica Cab) that was ending 35 years of service to the community; expressed her views on the Vice Mayor and selection process and extended various Holiday and Christmas greetings. Member Rios expressed her views about the selection process for Vice Mayor; said she was ready to move forward and work with Vice Mayor Mendivil; referred an issue regarding a banner at El Toyon Park; asked staff to look into a traffic congestion issue involving a transit bus on 8th Street and mentioned concerns about possible impacts of a funding shortfall at SANDAL. Member Cano said he believes in the Mayor and will support the Mayor's decision when he appoints someone. He knows that Vice Mayor Mendivil will guide us in the right direction and hopes we can move forward as a Council to achieve the goals of the citizens. Mayor Morrison provided a brief explanation on SANDAG related issues and promised to bring back more detailed information at a future meeting. He also announced that he will begin serving on the San Diego Regional Economic Commission in January and extended Christmas and Holiday greetings. CLOSED SESSION REPORT Interim City Attorney George Eiser stated there was nothing to report from the Closed Session. (See attached Exhibit `L') Book 98 / Page 233 12-20-2016 ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, 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, January 17, 2017 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 9:19 p.m. The foregoing minutes were approved at the Regular Meeting of March 21, 2017. Mayor EXHIBIT 'L' CALIFORNIA NATIONAL Cfl y S`3'Jll INCORPOR A'IE 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 20, 2016 — 5:30 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Howard Adler v. City of National City, et al. San Diego Superior Case No 37-2016-00038651-CU-MC-CTL Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) People of the State of California ex rel., City of National City v. Ben Adler, et al. San Diego Superior Case No. 37-2010-0092488-CU-MC-CT ADJOURNMENT Next Regular City Council Meeting: Tuesday, December 20, 2016, 6:00 p.m., Council Chambers, Civic Center