HomeMy WebLinkAbout2016 10-04 CC HA MINBook 98 / Page 172
10-04-2016
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
October 4, 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
6:13 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, Manganiello, Raulston,
Roberts, Rodriguez, Silva, 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
David Garcia, National City Rotary Club President, spoke in regards to the parking
situation on 24th and 8th Street and asked that there be other options to promote
more use of public transportation. He also thanked the City for partaking in the
upcoming Maytime Band Review.
Sunshine Horton, National City, shared inspirational quotes.
Brian Clapper, National City, invited the Council to the Maytime Band Review
Committee fundraiser reception on October 6th and thanked the City for
cooperating and working hard in the parade.
INTERVIEWS / APPOINTMENTS
BOARDS & COMMISSIONS ADMIN (101-1-1)
1. Interviews and Appointments: Boards & Commissions. (City Clerk)
ACTION: Lance Mirkin and Coyote Moon interviewed.
CITY COUNCIL
CONSENT CALENDAR
Book 98 / Page 173
10-04-2016
ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item No. 3
(Minutes), Item Nos. 4 through 10 (Resolution No. 2016-153 through 2016-159),
Item No. 11 (Report), Item Nos. 12 and 13 (Warrant Registers). Motion by Cano,
seconded by Mendivil, to approve the Consent Calendar. Carried by unanimous
vote.
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 MINUTES
3. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING OF THE CITY OF NATIONAL CITY OF SEPTEMBER 6, 2016.
(City Clerk)
ACTION: Approved. See above.
CONTRACT (C2016-48)
4. Resolution No. 2016-153. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS, A CALIFORNIA
PUBLIC AGENCY (SANDAG), ON BEHALF OF THE AUTOMATED
REGIONAL JUSTICE INFORMATION SYSTEM, A CALIFORNIA JOINT
POWERS AGENCY (ARJIS), COLLECTIVELY REFERRED TO HEREIN
AS SANDAG-ARJIS, CONTRIBUTING MEMBER AGENCIES (CMAS)
THAT CONTRIBUTE LAW ENFORCEMENT DATA TO THE ARJIS
ENTERPRISE, AND PARTICIPATING MEMBER AGENCIES (PMAS) FOR
THE USE AND ACCESS OF REGIONAL DATA IN THE AUTOMATED
REGIONAL JUSTICE INFORMATION SYSTEM ENTERPRISE. (Police)
ACTION: Adopted. See above.
Book 98 / Page 174
10-04-2016
CONSENT CALENDAR (cont.)
GRANT / PUBLIC SAFETY (206-4-27)
5. Resolution No. 2016-154. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW
AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE
DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $25,397
TO THE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM TO PURCHASE MOTOROLA HANDHELD
RADIOS, AND TACTICAL SWAT VESTS, AND AUTHORIZING THE
ACCEPTANCE OF THE GRANT AWARD, AND AUTHORIZING THE
EXPENDITURE OF GRANT FUNDS. (Police)
ACTION: Adopted. See above.
CONTRACT (C2016-11)
6. Resolution No. 2016-155. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY, 1) INCREASING THE CONTRACT WITH
FORDYCE CONSTRUCTION, INC. IN THE NOT -TO -EXCEED AMOUNT
OF $120,000, FOR A TOTAL NOT -TO -EXCEED CONTRACT AMOUNT
OF $494,077.75, TO PROVIDE ADDITIONAL REPAIRS AND FACILITY
IMPROVEMENTS TO ADDRESS UNFORESEEN CONDITIONS
DISCOVERED DURING CONSTRUCTION OF THE LAS PALMAS PARK
MUNICIPAL POOL/CAMACHO GYM/FIRE STATION 31 IMPROVEMENTS
PROJECT, CIP NO. 16-02; 2) RATIFYING EXECUTION OF CHANGE
ORDER NO. 7 IN THE AMOUNT OF $50,835 TO PROPERLY DISPOSE
OF ASBESTOS AND LEAD -BASED PAINT MATERIALS CONTAINED IN
THE BUNGALOWS LOCATED IN THE PEPPER PARK PARKING LOT;
AND 3) AUTHORIZING THE APPROPRIATION OF $25,000 IN THE FIRE
STATION 31 IMPROVEMENTS CIP EXPENDITURE ACCOUNT FROM
GENERAL FUND FUND BALANCE. (Engineering/Public Works)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2016-2017 (204-1-32)
7. Resolution No. 2016-156. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT
OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET
IN THE AMOUNT OF $8,291.78 FROM THE COUNTY OF SAN DIEGO
LOWER SWEETWATER FIRE PROTECTION DISTRICT "EQUIPMENT
REPLACEMENT PLAN" AND AUTHORIZE THE PURCHASE OF TWO
TREADMILLS FOR THE NATIONAL CITY FIRE DEPARTMENT. (FIRE)
ACTION: Adopted. See above.
Book 98 / Page 175
10-04-2016
CONSENT CALENDAR (cont.)
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
8. Resolution No. 2016-157. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
80 FEET OF BUS LOADING WITH SIGNAGE, MONDAY TO FRIDAY
FROM 9:OOAM TO 1:OOPM, ON THE WEST SIDE OF "F" AVENUE JUST
SOUTH OF E. 18TH STREET, ADJACENT TO THE STEIN FAMILY
FARM, TO ALLOW FOR LOADING AND UNLOADING OF STUDENTS
DURING FIELD TRIPS (TSC NO. 2016-06). (Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
9. Resolution No. 2016-158. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF
40 FEET OF ADDITIONAL RED CURB "NO PARKING" ON THE NORTH
SIDE OF E. 8TH STREET, JUST EAST OF ARCADIA AVENUE, TO
ENHANCE VISIBILITY FOR DRIVERS EXITING ARCADIA AVENUE
ONTO E. 8TH STREET (TSC NO. 2016-07). (Engineering/Public Works)
ACTION: Adopted. See above.
PARKING & TRAFFIC CONTROL ADMIN 2016 (801-2-37)
10. Resolution No. 2016-159. 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 127 '/2 W. 12TH STREET (TSC NO. 2016-10).
(Engineering/Public Works)
ACTION: Adopted. See above.
FINANCIAL MANAGEMENT 2016-2017 (204-1-32)
11. Investment transactions for the month ended July 31, 2016. (Finance)
ACTION: Accepted and filed. See above.
WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31)
12. Warrant Register #9 for the period of 08/24/16 through 08/30/16 in the
amount of $4,188,630.32. (Finance)
ACTION: Ratified. See above.
WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31)
13. Warrant Register #10 for the period of 08/31/16 through 09/06/16 in the
amount of $1,387,773.65. (Finance)
ACTION: Ratified. See above.
Book 981 Page 176
10-04-2016
PUBLIC HEARINGS
Member Cano recused himself and left the Chambers prior to consideration of
Item No. 14
CONDITIONAL USE PERMITS 2016 (403-31-1)
14. Continued 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 recommends approval of the Conditional Use
Permit.
TESTIMONY: Eight speakers spoke in support of the CUP. Nine
speakers spoke in opposition to the CUP
ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close the
Public Hearing. Carried by the following vote, to -wit: Ayes: Mendivil,
Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: Cano. Absent:
None.
Motion by Sotelo-Solis, seconded by Rios, to approve the CUP
subject to conditions of approval and based on the findings of the
staff report. Motion failed by the following vote, to -wit: Ayes: Rios,
Sotelo-Solis. Nays: Mendivil, Morrison. Abstain: Cano. Absent:
None.
Member Cano returned to the Council Chamber.
ORDINANCES FOR INTRODUCTION
MUNICIPAL CODE 2016 (506-2-31)
15. AN ORDINANCE OF THE CITY COUNCIL REPEALING CHAPTER 10.18
(BEEKEEPING) AND ADDING CHAPTER 8.34 TO TITLE 8 OF THE
NATIONAL CITY MUNICIPAL CODE TO ALLOW BEEKEEPING IN THE
CITY OF NATIONAL CITY. (APPLICANT CITY -INITIATED) (CASE FILE
2016-05 A) (PLANNING)
TESTIMONY: A representative from Olivewood Gardens National
City, spoke in support.
City Treasurer Mitch Beauchamp pointed out the benefits of having
local honey accessible to residents.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the
Ordinance. Carried by unanimous vote.
Book 98 / Page 177
10-04-2016
ORDINANCES FOR ADOPTION
MUNICIPAL CODE 2016 (506-2-31)
16. Ordinance No. 2016-2413. ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ADDING CHAPTER 2.62 TO THE NATIONAL
CITY MUNICIPAL CODE ADOPTING INFORMAL BIDDING
PROCEDURES UNDER THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT (CUPCCAA).
(Engineering/Public Works)
RECOMMENDATION: Adopt the Ordinance.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the
Ordinance. Carried by unanimous vote.
NON CONSENT RESOLUTIONS
ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-
1-1)
17. Resolution No. 2016-160. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ADOPTING INFORMAL BIDDING
PROCEDURES UNDER THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT AND THOSE ADDITIONAL
ACCOUNTING PROCEDURES ESTABLISHED BY THE CALIFORNIA
UNIFORM CONSTRUCTION COST ACCOUNTING COMMISSION.
(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.
NEW BUSINESS
CITY MANAGER / REPORTS ADMIN (1104-1-12)
BOARDS & COMMISSIONS ADMIN (101-1-1)
18. City Manager Working Group Report and Recommendation on the Creation
of a Military Advisory Committee. (City Manager)
RECOMMENDATION: City Council accept the report and authorize the
creation of a Military Advisory Committee.
TESTIMONY: Armando Tellez, Military Advisory Committee, spoke
on the importance of continuing the representation and support of
veterans and military community year-round.
Written correspondence was received from Shirley Ferrill and Victor
Barajas in support.
ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve staff
recommendation within the provisions of State law. Carried by
unanimous vote.
Book 98 / Page 178
10-04-2016
NEW BUSINESS (cont.)
LEAGUE OF CA CITIES ADMIN (104-2-1)
19. City Council Review of League of California Cities 2016 Annual Conference
Resolution. (City Manager)
RECOMMENDATION: City Council consider the League's Resolution and
determine National City's position so that our voting delegates can
represent the City's position during the League conference from October 5-
7 in Long Beach, CA.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve
staff recommendation. Carried by unanimous vote.
BOARDS & COMMISSIONS ADMIN (101-1-1)
20. Report from the Civil Service Commission to the City Council of the City of
National City. (Human Resources)
RECOMMENDATION: Accept and file report.
TESTIMONY: None.
ACTION: Motion by Sotelo-Solis, seconded by Cano, to file the
report. Carried by unanimous vote.
COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1)
21. Dispensing with the January 3, 2017 Regular Meeting of the City Council
and Community Development Commission - Housing Authority of the City
of National City. (City Clerk)
RECOMMENDATION: Adopt a motion dispensing with the
January 3, 2017 Regular Meeting of the City Council and Community
Development Commission — Housing Authority of the City of National City.
TESTIMONY: None.
ACTION: Motion by Mendivil, seconded by Cano, to approve staff
recommendation. Carried by unanimous vote.
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS — HOUSING AUTHORITY
Member Sotelo-Solis recused herself from participating in consideration of Item
No. 22 pending advice from the FPPC regarding her employment with a non-profit
entity that may in the future be involved in similar housing projects.
Member Sotelo-Solis left the Chambers at 8:35 p.m.
Book 98 / Page 179
10-04-2016
NON CONSENT RESOLUTIONS — HOUSING AUTHORITY (cont.)
CONTRACT (C2016-49)
HOUSING AUTHORITY 2016 (404-1-5)
22. Resolution No. 2016-42. RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY
OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT (ENA) BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING
AUTHORITY OF THE CITY OF NATIONAL CITY AND COMMUNITY
HOUSINGWORKS, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT
CORPORATION, AND MERCY HOUSING CALIFORNIA, INC., A
CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION FOR THE
RECAPITALIZATION AND REHABILITATION OF KIMBALL AND
MORGAN TOWERS LOCATED AT 1317 AND 1415 D AVENUE IN
NATIONAL CITY. (Housing & Economic Development)
RECOMMENDATION: Adopt the Resolution.
TESTIMONY: Mary Jane Jagodzinski, Community HousingWorks,
gave a presentation and discussed Morgan and Kimball Towers and
her organization's involvement and background.
Doug Shoemaker, Mike Liebe, and Jonathan Wolf, Mercy Housing,
covered background on operating, resident services and property
management aspects of their organization.
Anne Wilson and Carmen Amigon, Community HousingWorks, made
concluding remarks about the importance of senior housing in the
City and the advantages of the Exclusive Negotiating Agreement
process (ENA).
Walter Heiberg, representing Chelsea Investments, provided
background on his organization; spoke against the Resolution and
suggested a different selection process such as a sub -committee of
the City Council or a Request for Proposal (RFP).
Paul Downey, representing Serving Seniors, provided background
on his organization; concurred with Mr. Heiberg and suggested doing
a modified RFP and asking all the competing organizations to
present their financial model.
Mohsen Sasabe, Encinitas, spoke in support and appreciation for
Mercy Housing.
Colin Rice, representing Morgan -Kimball Community Partners, urged
the Council to reject the staff recommendation due to the staff
process and recommendation being fundamentally flawed.
Judy Moreno and Patricia Britt, Encinitas, spoke in support of Mercy
Housing.
Brian Clapper, National City, spoke in support of the RFP process.
Book 98 / Page 179a
10-04-2016
NON CONSENT RESOLUTIONS — HOUSING AUTHORITY (cont.)
CONTRACT (C2016-49)
HOUSING AUTHORITY 2016 (404-1-5)
22. Resolution No. 2016-42 (continued).
TESTIMONY (cont.): Mitch Thompson, Applicant, partner in the
Morgan Community Partner Group, said he believes that the staff
recommendations were flawed and questioned how the Council is
able to make a decision based on a flawed evaluation process.
Rosalia Salinas, Community Housing Works Board Member, asked
the Council to consider supporting the staff recommendation to
rehabilitate Kimball Morgan Towers.
Juan Gallegos, National City, spoke in support of Community
Housing Works.
Ken Seaton-Msemaji, National City, spoke in support of rehabilitating
Kimball Morgan Towers and using the RFP process.
Lisa Cuestas, Casa Familiar, briefed the Council on Casa Familiar
and shared concerns over selection process and disappointment that
Casa Familiar was ranked last on the recommendation list.
Roberto Garcia, National City Planning Commissioner, spoke in
support of the staff recommendation.
Erin Panichkul, Environmental Health Coalition, spoke in support of
Community Housing Works.
Sue Reynolds, Community Housing Works, spoke in support of
staff's recommendation.
ACTION: Motion by Morrison, seconded by Cano, to hold a Special
Meeting on October 25, 2016 at 5:00 p.m. to hear the same 20-
minute presentations under the same guidelines, and review the
same written materials from all five (5) responders that were made to
the selection committee. Motion carried by the following vote, to -wit:
Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: Sotelo-
Solis. Absent: None.
Member Sotelo-Solis returned to the Chamber at 10:35 p.m.
C. REPORTS
STAFF REPORTS
CITY ATTORNEY REPORTS (509-1-3)
23. City Attorney Claudia Silva expressed her gratitude and appreciation to the
Council, staff and public for the honor and privilege of serving as
City Attorney for the past 6 years and reviewed many of the highlights and
accomplishments during her tenure. (City Attorney)
Book 98 / Page 179b
10-04-2016
MAYOR AND CITY COUNCIL
Member Mendivil expressed his excitement and thanked staff for rolling out the
'Together We Can' program and encouraged the Council and community to be
engaged.
Member Sotelo-Solis congratulated City Attorney Silva on her new position as
Deputy County Council for the County of San Diego; commented on the
earthquake warnings and encouraged everyone to prepare themselves and
offered her condolences to the family from El Cajon who suffered a tragic loss.
Member Rios informed the City Council that about a dozen members of American
Legion Post 255 members went out and collected trash and wanted the Council to
know that they are doing their part to clean up National City. She announced that
Saturday November 5th will be a bulky trash item collection day
Member Cano announced that he attended the 'Use of Lethal Force' training and
said that a lot of people were against it. He thanked the Chief of Police and his
staff for their good work.
Mayor Morrison commended everyone for pulling together irrespective of the
unfortunate series of events that occurred the previous week. He announced
upcoming events such as the Maytime Band Review, Salute to the Navy,
State of the City, and Day of the Dead.
CLOSED SESSION REPORT
City Attorney Claudia Silva stated that Council met in Closed Session and
authorized initiation of litigation on three (3) matters. Each one was on a 5-0 vote.
There was nothing to report on the last item. (See attached Exhibit 'L')
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,
October 18, 2016 at 6:00 p.m. at the Council Chambers, National City, California.
Carried by unanimous vote.
The meeting closed at 11:02 p.m.
Clerk
The foregoing minutes were approved at the Regular Meetinc; f Ap it 1. 019.
EXHIBIT 'L'
NCORPORATTD
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, October 4, 2016 — 5:00 p.m.
ROLL CALL
CITY COUNCIL
CLOSED SESSION
1. Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4)
Three Potential Cases
2. Public Employee Appointment
Title: Interim City Attorney
Government Code Section 54957
3. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and
(e)(1)
One Claim/Potential Case
OPEN SESSION
4. Resolution of the City Council of the City of National City appointing an Interim City Attorney.
(City Attorney)
5. Closed Session Report
ADJOURNMENT
Next Regular City Council Meeting: Tuesday, October 4, 2016, 6:00 p.m., Council Chambers, Civic
Center