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HomeMy WebLinkAbout2021 04-06 CC HA CDC MINMINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY April 6, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented. A. CITY COUNCIL CALL TO ORDER The meeting was called to order at 6:04 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina Administrative Officials present: Raulston, Winney, Bell, Chapel, Gilman, Williams, Davis, Meteau, Denham, Duong, Vergara, Aguirre, Yano, Barrera, Parra, Tellez, and Palma. Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Bush led the Pledge of Allegiance. PUBLIC COMMENTS Mayor Sotelo-Solis introduced the process for acceptance of live public comment via teleconference into the record. City Clerk Molina read the written comments into the record. Two (2) written public comments received: Anne Wayman (Las Palmas Pool access) and Ted Godshalk (use of stimulus money). No verbal comments were heard from members of public. City of National City — City Council Regular Meeting Minutes April 6, 2021 PROCLAMATIONS AND CERTIFICATES 1. National City denounces Xenophobia and Anti -Asian racism. Mayor Sotelo-Solis presented the Proclamation to Kent Lee and Alex Villafuerte 2. National City celebrates the 50th anniversary of American Legion. Mayor Sotelo-Solis presented the Proclamation to Rick and Diane DeVries, and Eddie Ortiz. 3. Fair Housing Month Proclamation. Mayor Sotelo-Solis presented the Proclamation to Estela De Los Rios. AWARDS AND RECOGNITIONS - No agenda items. PRESENTATIONS 4. Maritime Clean Air Strategy (MCAS) Discussion Draft Overview. Representing the City of National City and Port Commissioner Sandy Naranjo and Program Manager Larry Hofreiter, of the Port of San Diego provided the report and PowerPoint presentation titled "Maritime Clean Air Strategy (MCAS) Discussion Draft Overview". Public Comments: Three (3) spoken public comments received from Danny Serrano (suggesting improvements to the draft), Alicia Sanchez (impact of contamination and pollution), and City Treasurer Mitch Beauchamp (support for freight by rail). 5. Update on Paradise Creek Community Garden. Executive Director Jen Nation, of Olivewood Gardens & Learning Center provided the report and PowerPoint presentation titled "Paradise Creek Community Garden". INTERVIEWS / APPOINTMENTS 6. Appointments: City Boards, Commissions and Committees - Mayoral Appointment Mayor Sotelo-Solis introduced City Clerk Molina who read the appointment process into the record. Mayor Sotelo-Solis proceeded with the nomination process to appoint candidates to three (3) open seats on the Community and Police Relations Committee (CPRC), each expiring March 31, 2024. Public Comments: None Page 2111 City of National City — City Council Regular Meeting Minutes April 6, 2021 ACTION: Mayor Sotelo-Solis motioned to re -appoint Marianne Delatorre and appoint Emiliano "Nano" Nunez and Andy Sanchez each to the Community and Police Relations Committee (CPRC) for a term ending 03/31/2024, seconded by Councilmember Bush. Motion carried by unanimous vote. REGIONAL BOARDS AND COMMITTEE REPORTS Councilmember Bush reported on the South County Economic Development Council (SCEDC) and the real estate forum is scheduled for the second week in June. Also, three new board members were appointed to the Air Pollution Control District (APDC). APCD is accepting applications for two seats on the Hearing Board. Councilmember Morrison reported on the matters of the Regional Solid Waste Association including: an issued contract for the organic recycling program, the continued partnership with EDCO, and funds to be issued to National City. Also, he announced that he is re-elected as Chairperson. He is working with EDCO to schedule a presentation for an upcoming council meeting. Councilmember Rios reported on the Sweetwater Authority's plans for the sand mining project. Also, she reminded the National City community about the fishing programs available at the local reservoirs. Vice -Mayor Rodriguez attended the Regional Solid Waste Association with Councilmember Morrison. Also, he reported on the Joint Powers Authority and gave an update on the Pure Water Phase 2 project. Mayor Sotelo-Solis reported on the San Diego Association of Governments (SANDAG) meeting and the Five Big Moves transportation plan. Also, she reported on the priorities for the Metropolitan Transit System (MTS). She announced the upcoming "Bike Anywhere Week" taking place May 16 - May 22, 2021. CONSENT CALENDER Councilmember Rios pulled Item 8 and Item 9 from the Consent Calendar for discussion. Public Comments: None ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Bush, to approve the Consent Calendar Items 7 through 16, with the exception of items 8 and 9 pulled for discussion. Motion carried by unanimous vote. 7. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. 8. Pulled 9. Pulled Page 3111 City of National City — City Council Regular Meeting Minutes April 6, 2021 10. Adopted Resolution No. 2021- 22 . Resolution of the City Council of the City of National City ratifying the Agreement between the City of National City and Colantuono, Highsmith & Whatley, PC for legal services in consultation with the City Attorney in defending the City and the City's Successor Agency to the Community Development Commission as the National City Redevelopment Agency in the active litigation Affordable Housing Commission v. Sandoval, et al. for the total not to exceed amount of $25,000.00 and approving the City Attorney's execution of same. 11. Adopted Resolution No. 2021- 23 . Resolution of the City Council of the City of National City, amending the final contract amount of $926,695.06 by $522.57 to $927,217.63 approved on October 20, 2020 by City Council Resolution No. 2020-193 for the work performed by Select Electric, Inc. on the Citywide Traffic Signal and ADA Improvements Project, CIP No. 18-05, due to minor clerical errors. 12. Adopted Resolution No. 2021- 24 . Resolution of the City Council of the City of National City approving the 405 W. 18th Street Subdivision Map, Case File Number 2019-08 S, and authorizing the Mayor and City Clerk to sign the map. 13. Investment Report for the quarter ended December 31, 2020. 14. Investment transactions for the month ended January 31, 2021. 15. Ratified Warrant Register #34 for the period of 2/17/21 through 2/23/21 in the amount of $1, 356,270.65. 16. Ratified Warrant Register #35 for the period of 2/24/21 through 3/02/21 in the amount of $1,676, 099.03. ITEMS PULLED FROM CONSENT CALENDER 8. Approval of Meeting Minutes: Virtual Regular City Council Meetings Minutes: February 16, 2021, March 2, 2021, Virtual Special City Council Meeting Minutes: September 12, 2020, September 19, 2020, February 16, 2021. Councilmember Rios requested a correction to the Regular City Council Meetings Minutes for March 2, 2021 on page 6 of 11 to state Councilmember Rios voted "Naye" on the substitute motion regarding Section 9.60.130. Correction will be made by the City Clerk's Office. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to approve Item 8. Motion carried by unanimous vote. 9. Adopted Resolution No. 2021- 21 . Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the Agreement between the City of National City and RMG Communications to expand the scope of the agreement to include communications specific to the City's COVID-19 outreach efforts and other communication and outreach strategic goals. Page 4111 City of National City — City Council Regular Meeting Minutes April 6, 2021 Councilmember Morrison requested clarification on Item 9 concerning the funding amount $250,000, up from the previous $50,000 total. Assistant City Manager Winney provided responses for Council. Public Comment: None ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to change the contract amount from $250,000 to $100,000 with a total not to exceed $150,000 and to adopt Resolution No. 2021-21. Motion carried by unanimous vote. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 17. An ordinance of the City Council of the City of National City, California adding National City Municipal Code Section 9.60 to regulate commercial cannabis. City Clerk Molina read the title of the Ordinance into the record. Mayor Sotelo-Solis introduced City Manager Raulston and Economic Development Specialist Megan Gamwell. City Manager Raulston invited David McPherson, Senior Advisor with Cannabis Policy at HdL Companies, to join the discussion. Raulston, Gamwell and Cromartie gave the report and PowerPoint presentation titled "An Ordinance of the City of National City Adding National City Municipal Section 9.60 to Regulate Commercial Cannabis (Second Reading with Minor Alterations)". Councilmembers asked clarifying questions. Staff provided responses. Mayor Sotelo-Solis declared the Public Hearing open at 8:01 p.m. Public Comments: Twenty-four (24) public comments were heard; eleven (11) in opposition and thirteen (13) in support: Gina Austin (support; requested to clarify accessory use), Anthony Cioe (support; request to rezone), Peggy Walker (opposed; .request for open workshops), Barbara Gordon (opposed; request for workshop for public input), Kelly McCormick (opposed), Matthew Nathaniel (support), Chad Matkowski (support; zoning request), Adrian Kwiatkowski (support), Alonso Gonzalez (support; request to reconsider locations and buffers), Keith McCormick (opposed), Becky Rapp (opposed), Laura Wilkenson Sinton (support; request to consider additional outlets), Katelyn Hailey (support; request to fund early childhood programs), KB Strange (opposed), Judi Strange (opposed; request keeping buffer zone in place), Carol Green (opposed; request for public workshops), Page 5111 City of National City — City Council Regular Meeting Minutes April 6, 2021 Cynara Velazquez (support; requested clarifications on zoning), Pierra Moise (opposed), Cathy Bliss (support; request for reasonable zoning), Tyler McCormick (opposed), Kathleen Lippitt (opposed), Devon Julian (support), Nancy Estelano (support; request to expand zoning), Jovita Arellano (support; request to extend buffer zone). Fifteen (15) written comments were received and read into the record; four (4) in opposition and eleven (11) in support: Kary Radestock (support), Rick Calou (support), Mike Snyder (support), Alex Burman (support), Coyote Moon (support), Virginia Casey (support), Lauren Rowley (support), Brendan Boyle (support), Joan Rincon (opposed), Chris Cahill (support), Lynda Barbour (opposed), Dallin Young (support), Ted Godshalk (opposed), Silvia Calzada (opposed), Jessica McElfresh (support). ACTION: Motion by Councilmember Rios, seconded by Vice -Mayor Rodriguez, to close the Public Hearing at 9:16 p.m. Motion passed by unanimous vote. ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to adopt the open discussion. Substitute motion to the original motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez: to amend "Section 9.60.110: Evidence of Cannabis Owner(s), Representative(s) and Employee(s) Background Check Required" to remove requirement for employee background checks by the City staff, including subsequent language throughout the document. Friendly Amendment by Councilmember Morrison to require background checks on the owners, operators, management and supervisors required by the City and conducted by the City or its agent. Motion passed by unanimous vote. Substitute motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush: to amend "Section 9.60.070: Location and Design of Cannabis Businesses, Subsection (b)" to expand consumption lounges in the Light Industrial (LI) to the Commercial Zone. Ayes: Bush, Rodriguez Nayes: Morrison, Rios, Sotelo-Solis Motion failed by 2-3 vote. Page 6111 City of National City — City Council Regular Meeting Minutes April 6, 2021 At 9:58 p.m. Mayor Sotelo-Solis reminded the Council of Policy #104 that requires the City Council Meeting be adjourned no later than 10:30 p.m. unless extended by Council vote. Action: Motion by Councilmember Rios, seconded by Councilmember Bush, to continue the meeting past 10:30 p.m. with no time certain to include continue item number 17 to include a 10 minute break. Ayes: Bush, Rios, Rodriguez, Sotelo-Solis Nayes: Morrison Motion passed by 4-1 vote. Mayor Sotelo-Solis relieve the translation Interpreters of their duty at 10:00 p.m. Mayor Sotelo-Solis called for a 10 minute recess. Meeting reconvened at 10:12 p.m. with all Councilmembers present. Substitute motion by Vice -Mayor Rodriguez, seconded by Councilmember Rios: to amend "Section 9.60.070: Location and Design of Cannabis Businesses, Subsection (a)" to add "Manufacturing" and "Retail ancillary" to have consistency with the opening paragraph. Motion passed by unanimous vote. Substitute motion by Councilmember Morrison, seconded by Mayor Sotelo-Solis: to amend "Section 9.60.080: Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted, Subsection (c)" to add the words "or reduced" to the last sentence. Motion passed by unanimous vote. Substitute motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez: regarding "Section 9.60.120: Persons Prohibited from Holding a Commercial Cannabis License, Subsection (a)(3)" to clarify the addition of "not including cannabis -related offenses for which the conviction occurred after the City banned cannabis in 2012" as related to commercial activity. Ayes: Morrison, Rios, Rodriguez, Sotelo-Solis Nayes: Bush Motion passed by 4-1 vote. Substitute motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez: regarding "Section 9.60.130: Persons Prohibited from Employment by a Commercial Cannabis Businesses, Subsection (a)(3)" to direct Staff to provide proposed language to clarify the addition of "not including cannabis -related offenses for which the conviction occurred after the City banned cannabis in 2012" as related to commercial activity. Ayes: Morrison, Rios, Rodriguez, Sotelo-Solis Nayes: Bush Motion passed by 4-1 vote. Substitute motion by Councilmember Rios, seconded by Mayor Sotelo-Solis: to amend "Section 9.60.070: Location and Design of Cannabis Businesses, Subsection (2)" to require that the 250 ft. buffer be applied for any retail uses. Ayes: Morrison, Rios, Sotelo-Solis Nayes: Bush, Rodriguez Motion passed by 3-2 vote. Substitute motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison: regarding "Section 9.60.180: Operations Plan and Standards" to direct Staff to provide proposed language to clarify who is referenced by "City Manager or their designee". Motion passed by unanimous vote. Page 7111 City of National City — City Council Regular Meeting Minutes April 6, 2021 Substitute motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush: to strike "Section 9.60.230: General Operating Requirements for all Commercial Cannabis Businesses, Subsection (o)". Motion passed by unanimous vote. Substitute motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush: to strike "Section 9.60.265: Operating Requirements for Consumption Lounges, Subsection (d)". Motion passed by unanimous vote. Substitute motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez: to amend "Section 9.60.420 Transfer of Cannabis Business Permit (d) and (e)(1): to remove "more than 51 % of the original ownership" and to add in its place " 25% or more Motion passed by unanimous vote. Substitute motion by Councilmember Morrison, no second: to amend "Section 9.60.070: Location and Design of Cannabis Businesses, Subsection (b)" to remove "CT (Tourist Commercial) West of Interstate 5" and to add in its place "(LI) Light Manufacturing zone". Motion died for lack of a second. Substitute motion by Councilmember Morrison, seconded by Councilmember Rios: regarding "Section 9.60.070: Location and Design of Cannabis Businesses" to direct Staff to provide a proposed definition for "Retail ancillary". Motion passed by unanimous vote. Substitute motion by Vice -Mayor Rodriguez, seconded by Councilmember Morrison: to amend "Section 9.60.070: Location and Design of Cannabis Businesses, Subsection (b)" to remove "CT (Tourist Commercial) West of Interstate 5" and to add in its place "(LI)Light Industrial zone". Ayes: Morrison, Rodriguez Nayes: Bush, Rios, Sotelo-Solis Motion failed by 2-3 vote. Substitute motion by Councilmember Rios, seconded by Vice -Mayor Rodriguez: to accept the proposed ordinance with the amendments. Ayes: Bush, Rios, Rodriguez, Sotelo-Solis Nayes: Morrison Motion passed by 4-1 vote. 18. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Sections 18.30.340 (Medical marijuana dispensaries) and 18.30.345 (Medical marijuana cultivation) of Title 18 (Zoning) of the National City Municipal Code. City Clerk Molina read the title of the Ordinance into the record. City Manager Raulston, Economic Development Specialist Megan Gamwell, and Consultant David McPherson gave the Staff report and PowerPoint presentation titled "Introduction of an Ordinance of the City of National City Municipal Sections 18.30.340 & 18.30.345 to Regulate Commercial Cannabis (First Reading)." Mayor Sotelo-Solis opened the Public Hearing at 11:30 p.m. Page 8111 City of National City — City Council Regular Meeting Minutes April 6, 2021 Public Comments: Two (2) written comments were received, and read into the record, from Joan Rincon (opposed) and Ted Godshalk (opposed). ACTION: Motion by Councilmember Rios, seconded by Vice -Mayor Rodriguez, to close the Public Hearing at 11:37 p.m. Motion carried by unanimous vote. ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to accept the Ordinance as presented. Motion passed by 4-1 vote. Ayes: Bush, Rios, Rodriguez, Sotelo-Solis Nayes: Morrison Received and Filed. NON CONSENT RESOLUTIONS - No agenda items. NEW BUSINESS - No agenda items. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY CONSENT RESOLUTIONS — HOUSING AUTHORITY — No agenda items. PUBLIC HEARINGS: RESOLUTIONS — HOUSING AUTHORITY 19. Adopted Resolution No. 2021-78. Public Hearing and Resolution of the Community Development Commission - Housing Authority of the City of National City approving the Streamlining Annual Public Housing Agency ("Annual PHA Plan") for the Housing Choice Voucher Program for Fiscal Year 2021-2022 and authorizing submittal of the Annual PHA Plan for acceptance by the U.S. Department of Housing and Urban Department. City Clerk Molina read the title of the Resolution into the record. Director of Housing & Community Development Aguirre confirmed that there are no substantial changes to the PHA plan. Mayor Sotelo-Solis opened the Public Hearing at 11:40 p.m. Public Comments: None ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to close the Public Hearing at 11:40 p.m. Motion passed by unanimous vote. ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to adopt resolution. Motion passed by unanimous vote. Page 9111 City of National City — City Council Regular Meeting Minutes April 6, 2021 NON CONSENT RESOLUTIONS — HOUSING AUTHORITY — No agenda items. NEW BUSINESS — HOUSING AUTHORITY — No agenda items. C. REPORTS STAFF REPORTS 20. City Manager Report City Manager Raulston introduced Chief of Emergency Services Parra who provided an update concerning vaccines availability for National City residents. City Manager Raulston reported on the recent officer -involved shooting, as well as the County's position into the orange tier classification, and the subsequent reopening plan for City Hall. MAYOR AND CITY COUNCIL City Clerk Molina thanked City leaders for all the efforts to make the Covid19 vaccines accessible to National City residents. Councilmember Morrison provided no report. Councilmember Rios thanked City staff for their work on Items 17 and 18. Councilmember Bush requested for Council to consider offering a letter of support for the Maritime Clean Air Strategy (MCAS). ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez to draft a letter of support for the Maritime Clean Air Strategy (MCAS). Motion passed by unanimous vote. Vice -Mayor Rodriguez expressed gratitude to City staff for their work on the vaccine efforts and the meeting tonight. He expressed congratulations to the New Children's Museum workers represented by IBW Local 465 on their newly ratified labor contract. He requested that Council consider a letter of support for the Protecting the Right to Organize (PRO) Act that is being considered by Congress. ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to draft a letter of support for the Protecting the Right to Organize (PRO) Act. Motion passed by unanimous vote. Mayor Sotelo-Solis congratulated the American Legion for their 50-year anniversary, and CSA San Diego County for the Fair Housing Proclamation. She requested that Council consider a formal resolution denouncing Asian racism and xenophobia. ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Bush, to draft a Resolution denouncing Asian racism and xenophobia. Motion passed by unanimous vote. Page 10111 City of National City - City Council Regular Meeting Minutes April 6, 2021 Mayor Sotelo-Solis gave her condolences to the Juarez family in memory of long-time National City artist Carlos "Beaver" Juarez. She thanked City staff for the efforts towards achieving herd immunity in the pandemic. She announced her participation with the San Diego for Every Child and the Guaranteed Income Project. CLOSED SESSION CLOSED SESSION REPORT None ADJOURNMENT ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to adjourn the meeting. Motion passed by unanimous vote. Mayor Sotelo-Solis congratulated Dr. Akilah Weber on being elected to represent State Assembly District 79th in the 2021 Special Election. Mayor Sotelo-Solis adjourned the meeting to the next Virtual Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City, California to be held Tuesday, April 20, 2021, at 6:00 p.m. via teleconference. The meeting adjourned on April 7, 2021 at 12:06 a.m. Luz Molina, ity Clerk The foregoing minutes were approved at the Regular Meeting of Augus Alejandra ayor Page 11 111