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Home My WebLink About2017 02-21 CC HA MINBook 991 Page 28 02-21-2017 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 21, 2017 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:09 p.m. by Mayor 1 Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Manganiello, Parra, Raulston, Roberts, Rodriguez, 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 PUBLIC COMMENTS Three students from the Sweetwater High Basketball team (Moses, Abdin and Elijah) requested that the City Council support them in their playoff game against Ranch Bernardo High and at their pancake breakfast at the American Legion Hall on February 26th. PRESENTATIONS COUNCIL MEETING PRESENTATIONS 1 AWARDS & RECOGNITIONS 2017 (102-10-12) 1. Presentation and Update on Newly Deployed Heart Monitors/Defibrillators. (Fire) COUNCIL MEETING PRESENTATIONS 1 AWARDS & RECOGNITIONS 2017 (102-10-12) FINANCIAL MANAGEMENT 2015-2016 (204-1-31) 2. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016. (Finance) Book 991 Page 29 02-21-2017 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-12) AUDIT FINANCIAL REPORT FY 2015-2016 (208-1-30) 3. City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2016. (Finance) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 4. Interviews and Appointments: Community and Police Relations Commission. (City Clerk) ACTION: No one appeared to be interviewed. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 5 (NCMC), Item Nos. 6 through 10 (Resolution No. 2017-17through 2017-21), Item Nos. 11 and 12 (Reports), Item Nos. 13 through 15 (Warrant Registers). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-2-32) 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. CONTRACT (C2015-49) 6. Resolution No. 2017-17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL, FOR ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT SERVICES, INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $50,000, FOR A TOTAL AGREEMENT AMOUNT OF $100,000, AND EXTENDING THE EXPIRATION DATE OF THE AGREEMENT TO JUNE 30, 2018. (Engineering/Public Works) ACTION: Adopted. See above. Book 991 Page 30 02-21-2017 CONSENT CALENDAR (cont.) CONTRACT (C2016-5) 7. Resolution No. 2017-18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SOFTWARE MAINTENANCE AGREEMENT WITH COHERO IN THE TOTAL NOT -TO -EXCEED AMOUNT OF $107,120 TO SUPPORT THE NORTHROP GRUMMAN LAW ENFORCEMENT RECORDS MANAGEMENT SYSTEM. (MIS) ACTION: Adopted. See above. CONTRACT (C2017-10) 8. Resolution No. 2017-19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. P036 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SWEETWATER RIVER BIKEWAY PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $25,000 1N ELIGIBLE PROJECT EXPENDITURES THROUGH THE ACTIVE TRANSPORTATION PROGRAM (ATP), AND 2) ESTABLISHING APPROPRIATION OF REVENUES AND EXPENDITURES (NO LOCAL MATCH REQUIRED). (Engineering/Public Works) ACTION: Adopted. See above. DEED (D2017-1) 9. Resolution No. 2017-20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A QUITCLAIM DEED FOR AN EASEMENT TO THRIFTY OIL COMPANY ON A PARCEL OF LAND DUE TO THE PREVIOUS ABANDONMENT OF A SEWER MAIN (A.P.N. 570 020 46 00). (Engineering/Public Works) ACTION: Adopted. See above. Book 991 Page 31 02-21-2017 CONSENT CALENDAR (cont.) CONTRACT (C2017-11) 10. Resolution No. 2017-21. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ENSAFE, INC. (WHO RECENTLY ACQUIRED E2 MANAGETECH, INC.) IN THE AMOUNT OF $115,000 TO ASSIST STAFF WITH OBTAINING REGULATORY APPROVALS AND IMPLEMENTATION OF THE PROPERTY MITIGATION PLAN FOR ENVIRONMENTAL REMEDIATION OF THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT (WI-TOD) PROJECT SITE LOCATED AT 2100 AND 2020 HOOVER AVENUE, AND FUTURE PARK SITE DEVELOPMENT LOCATED ON THE WEST SIDE OF PARADISE CREEK, PURSUANT TO THE CITY'S OBLIGATION TO THE FORMER REDEVELOPMENT AGENCY TO CARRY OUT THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP. (Engineering/Public Works) ACTION: Adopted. See above. CITY WIDE HOUSING ADMIN (303-4-1) 11. 2016 Annual Progress Report on the implementation of the Housing Element of the General Plan pursuant to California Government Code Section 65400(a) (2). (Planning) ACTION: Filed. See above. :FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 12. Investment Report for the quarter ended December 31, 2016. (Finance) ACTION: Filed. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 13. Warrant Register #25 for the period of 12/14/16 through 12/20/16 in the amount of $1,977,749.29. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 14. Warrant Register #26 for the period of 12/21/16 through 12/27/16 in the amount of $0.00. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 15. Warrant Register #27 for the period of 12/28/16 through 01/03/17 in the amount of $2,316,190.53. (Finance) ACTION: Ratified. See above. Book 991 Page 32 02-21-2017 ORDINANCES FOR ADOPTION MUNICIPAL CODE 2017 (506-2-32) 16. Ordinance No. 2017-2431. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL. (City Attorney) RECOMMENDATION: Adopt proposed Ordinance. TESTIMONY: Mitch Beauchamp, City Treasurer, shared some of the comments and concerns he has heard in the community regarding the compensation. Dukie Valderrama, National City Port District representative, spoke in opposition, ACTION: Motion by Cano, seconded by Morrison, to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. MUNICIPAL CODE 2017 (506-2-32) 17. Ordinance No. 2017-2432. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 16 OF THE NATIONAL CITY MUNICIPAL CODE BY RENUMBERING CHAPTER 16.09 TO CHAPTER 16.10 AND ADDING A NEW CHAPTER 16.09 ESTABLISHING A VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE. (City Manager) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Ordinance. Carried by unanimous vote. NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2017 (403-32-1) 18. Resolution No. 2017-22. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE LOCATED AT 1803 HIGHLAND AVENUE. (Applicant: Michael Rafo) (Case File 2016-17 CUP) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Member Rios asked for clarification on the screening of the tank in front of the business and was told that there were discussions with the applicant and they volunteered to do so. Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Book 991 Page 33 02-21-2017 NON CONSENT RESOLUTIONS (cont.) CONDITIONAL USE PERMITS 2017 (403-32-1) 19. Resolution No. 2017-23. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT SUSHI LOCO RESTAURANT TO BE LOCATED AT 2220 EAST PLAZA BLVD., SUITE C & D. (Applicant: Jason Kim) (Case File 2016-26 CUP) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. BUDGET FY 2016-2017 (206-1-32) 20. Resolution No. 2017-24. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING VARIOUS FISCAL YEAR 2017 MID -YEAR BUDGET ADJUSTMENTS. (Finance). RECOMMENDATION: Accept the staff report as presented, and adopt the Resolution, authorizing Fiscal Year 2017 mid -year budget adjustments. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Mendivil. NEW BUSINESS CONDITIONAL USE PERMITS 2017 (403-32-1) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at 2735 East 7th Street. (Applicant: Verizon Wireless) (Case File 2016-13 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Shelly Kilbourn, representing Verizon Wireless, responded to questions. ACTION: Motion by Cano, seconded by Mendivil, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2017 (203-1-33) 22. Temporary Use Permit — Inflatable World hosted by Inflatable World Corporation at Westfield Plaza Bonita Mall from March 4, 2017 thru August 27, 2017 with no waiver of fees. (Neighborhood Services Department) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. Book 991 Page 34 02-21-2017 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2017 (203-1-33) 22. Temporary Use Permit -- Inflatable World (continued). TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote, TEMPORARY USE PERMITS 2017 (203-1-33) 23. Temporary Use Permit — "Ragnar Relay SoCal 2017" running relay race sponsored by Ragnar Events LLC in partnership with the Orange County Child Abuse Prevention Center on April 8, 2017 from 8 a.m. to 6 p.m. with no waiver of fees. (Neighborhood Services Department) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2017 (203-1-33) 24. Temporary Use Permit — National City International Mariachi Festival sponsored by the National City Chamber of Commerce at Pepper Park on March 12, 2017. Applicant is requesting a waiver of Fire Department and Police Department fees. (Neighborhood Services Department) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. TESTIMONY: None. ACTION: Motion by Cano, seconded by Mendivil, to approve staff recommendation with no waiver of fees. Substitute Motion by Rios, seconded by Sotelo, to approve staff recommendation with the waiver of up to $500 in fees. Carried by unanimous vote. COUNCIL MEETINGS AGENDAS POLICY ADMIN (102-9-3) 25. Discussion of establishing City Council policies governing the following matters: (a) the order in which agenda items are placed on the City Council agenda; (b) the manner in which Councilmember initiated items are agendized. (City Manager) RECOMMENDATION: Provide direction to staff related to (a) a policy on the order in which agenda items are placed on the City Council agenda; (b) a policy on the manner in which councilmember initiated items are agendized. Book 991 Page 35 02-21-2017 NEW BUSINESS (cont.) COUNCIL MEETINGS AGENDAS POLICY ADMIN (102-9-3) 25. Discussion of establishing City Council policies governing the following matters: (a) the order in which agenda items are placed on the City Council agenda; (b) the manner in which Councilmember initiated items are agendized (continued). (City Manager) TESTIMONY: Michele Krug, San Diego, spoke in favor of Council Members having the right to place items on the Council agenda. Eddie Perez, San Diego, spoke in support of taking up important items first on the agenda. ACTION: Motion by Mendivil, seconded by Cano, to maintain the current practice regarding the order in which items are placed on the City Council Agenda. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Abstain: None. Absent: None. Motion by Rios, seconded by Sotelo-Solis, to include at the beginning of the agenda an item titled "Future Council Initiated Agenda Items" and that all Council Members have the ability to bring an item forward without a vote of Council. Substitute Motion by Mendivil, seconded by Cano, that Council Members may add agenda items to a future agenda with a maiority approval of the Council and that it be done at the end of the meeting. Substitute Motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 26. Discussion of San Diego Association of Governments' (SANDAL) Revenue Forecast associated with the November, 2016 Ballot Measure "A" - San Diego County Transportation and Environment Sales Tax. (City Manager) RECOMMENDATION: None. TESTIMONY: Andrew McKcicher, National City, inquired if the Mayor was aware of the error in the SANDAG Revenue Forecast. Michelle Krug, San Diego, urged support for an investigation of the SANDAG Executive Board. John Borja, read a statement from the Chamber of Commerce Board of Directors urging the Mayor and City Council to request the State Attorney General to conduct an impartial investigation into SANDAG. Marcus Bush, National City, requested the City Council send a letter or Resolution asking the State Attorney General to conduct an investigation into SANDAG. Book 99 I Page 36 02-21-2017 NEW BUSINESS (cont.) FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 26. Discussion of San Diego Association of Governments' (SANDAG) Revenue Forecast associated with the November, 2016 Ballot Measure "A" - San Diego County Transportation and Environment Sales Tax (continued). (City Manager) TESTIMONY: Carolina Martinez, Environmental Health Coalition, spoke in support of an independent investigation by the Attorney General. Student Council Representative Jose Estrada spoke in support of a formal investigation. ACTION: Motion by Sotelo-Solis, seconded by Rios, to move forward with an independent investigation by the Attorney General. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Motion by Rios, seconded by Morrison, to support an independent outside investigation. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS Deputy City Manager Stacey Stevenson advised that the Council Chamber voting system is earmarked for upgrade in the upcoming budget. City Manager Leslie Deese advised that the next Neighborhood Council Breakfast would be devoted to honoring veterans, promoting the newly approved Veterans and Military Families Committee a promoting the sale of tiles for the Veterans Memorial Wall MAYOR AND CITY COUNCIL Student Representative Jose Estrada thanked the City Manager, Engineer and Attorney for taking the time to meet with him regarding their positions and roles in the organization. Mr. Estrada said he is always open and welcomes any comments or criticisms regarding his role as Student Council Representative. Book 991 Page 36a 02-21-2017 MAYOR AND CITY COUNCIL (cont.) Member Mendivil made everyone aware of the improvements to the Sweetwater High School baseball field which were paid for by SuHi Alumni, suggested that some training for the City Council on procedures and rules would be beneficial and inquired about the status of the billing for the Bernie Sanders event. Member Sotelo-Solis stated that training has been provided to the City Council in the past, complimented the performance of Student Council Representative Estrada, read a definition of Democracy; thanked those in the audience for their attendance and participation and urged them to share what they have seen at the meeting. Member Rios thanked those present; praised Student Representative Estrada for his participation and stated that a great deal of what has was done at the meeting is censorship and that members should have ability to bring items onto the agenda. Member Cano applauded the efforts of to the City Manager and staff for the fine job they did in responding to the recent storm and referred the area around 19th Street and Cleveland for an accumulation of trash and debris. Mayor Morrison also commended staff and Public Works crews for working so diligently during the recent storm surge. MAYOR ADMIN 1 AGENDA ITEMS (102-14-2) 27. Discussion of City Council Resolution No. 2017-16, a "Resolution of the City Council of the City of National City in Support of Continuing to be a Community that Supports all Residents and Visitors", adopted on February 7, 2017. (Councilmember Rios) TESTIMONY: The following individuals expressed disappointment, displeasure, frustration and opposition to the procedure followed and the action taken by the City Council on February 7th regarding the Welcoming Resolution: James Elias, Eddie Perez, Andrew McKersler, Mark Lane, Marisol Natividad, Luna Raynoso, Fabio Rojas, Allen Reyes, Jose Estrada, and Michelle Krug. COUNCIL DISCUSSION: There was extensive discussion about the motivation, justification and process that was followed when considering the Welcoming Resolution and the Substitute Resolution and questions about the process to initiate an investigation of possible Brown Act violations. Book 99 / Page 36b 02-21-2017 MAYOR AND CITY COUNCIL (cont.) MAYOR ADMIN / AGENDA ITEMS (102-14-2) 27. Discussion of City Council Resolution No. 2017-16, a "Resolution of the City Council of the City of National City in Support of Continuing to be a Community that Supports all Residents and Visitors", adopted on February 7, 2017 (continued). (Councilmember Rios) ACTION: Motion by Sotelo-Solis, seconded by Rios, to direct staff to initiate an outside investigation of possible Brown Act violations by the three Council Members that voted for the Substitute Resolution on February 7th. Failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. CLOSED SESSION REPORT Interim City Attorney George Eiser stated there was nothing to report from the Closed Session. (See attached Exhibit 'L') ADJOURNMENT Motion by Rios, seconded by Cano, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City — Budget Workshop to be held Tuesday, February 28, 2017 at 4:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, March 7, 2017 at 6:00 p.m. at the Council Chambers, National City, California. The meeting closed at 11:18 p.m. The foregoing minutes were approved at the Regular Meeting of April 18, 2017. EXHIBIT `L' NNE 9,N 'Tar l./3N COR ORA 1 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 21, 2017 — 5:00 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION 1. Public Employee Appointment Title: City Attorney Government Code Section 54957(b)(1) ADJOURNMENT Next Regular City Council Meeting: Tuesday, February 21, 2016, 6:00 p.m., Council Chambers, Civic Center