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HomeMy WebLinkAbout2021 03-02 CC HA CDC MIN (2)CALIFORNIA NATIONAL clfl r1.33'1� iNCORPOR,tTCD MINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY March 2, 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 6:01 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis Other Elected Officials present: Beauchamp, Molina Administrative Officials present: Raulston, Winney, Bell, Chapel, Gilman, Williams, Davies, Meteau, Denham, Duong, Vergara, Aguirre, Yano, Barrera, Parra, Tellez, and Palma. Interpretation in Spanish provided by Carlos Diaz. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Morrison led the Pledge of Allegiance. PUBLIC COMMENTS City Clerk Molina read the process for acceptance of live public comment via teleconference into the record. Two (2) public comments were heard: Linda Pardy (encouraging native plants for city landscaping), and Lynn Steinberg (addressing homelessness in the city). One (1) written comment was received: Joan Rincon (ARTS rent obligation). Page 1 of 11 City of National City — City Council Regular Meeting Minutes March 2, 2021 PROCLAMATIONS AND CERTIFICATES 1. National City Celebrates the Partnership with Last Mile San Diego, Ironworkers local 229, Teamsters local 542, Second Chance Program and Murphy's Produce with a Purpose; to provide free PPE (Personal Protective Equipment) to the residents and businesses of National City. Mayor Sotelo-Solis presented the Proclamation to Dr. Amy Aminlari, representing Last Mile San Diego, and Johnny Swanson, representing Ironworkers local 229. She also acknowledged key individuals who made this effort possible. Public Comment: One (1) public comment was heard: Alan Kenny (representing Last Mile San Diego, thanked Mayor Sotelo-Solis for this acknowledgement). AWARDS AND RECOGNITIONS No agenda items. PRESENTATION No agenda items. INTERVIEWS / APPOINTMENTS 2. Appointments City Boards, Commissions, and Committees - Mayor Appointments. Mayor Sotelo-Solis introduced City Clerk Molina who read the appointment process into the record. Public Comments: None ACTION: Mayor Sotelo-Solis motioned to appoint Moon Coyote to the Library Board of Trustees for a term ending 09/30/2021, seconded by Councilmember Rios. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Marisa Rosales to the Traffic Safety Committee for a term ending 09/30/2021, seconded by Councilmember Bush. Motion carried by unanimous vote. Mayor Sotelo-Solis motioned to appoint Paula Gapp as alternate to the Library Board of Trustees for a term ending 09/30/2021, seconded by Councilmember Bush. Motion carried. by unanimous vote. REGIONAL BOARDS AND COMMITTEE REPORTS Councilmember Rios reported that San Diego County Water Authority,distributed a rebate to the 24-member agencies. The Sweetwater Authority received $874,367.74 of -the rebate to benefit rate payers. Also, the Sweetwater Authority completed as -controlled water transfer last January, resulting in a savings to consumers. Page 2 of 11 City of National City — City Council Regular Meeting Minutes March 2, 2021 Councilmember Morrison reported that the Regional Solid Waste Association will meet next quarter. Councilmember Bush reported on the business of the South County Economic Development Council including the annual summit planned for 2021- and the focus on COVID-19 relief efforts. Vice -Mayor Rodriguez announced that the Joint Powers Authority will meet next in April 2021. Mayor Sotelo-Solis provided an update on San Diego Association of Governments (SANDAG) business and the support for binational efforts alongside Tijuana Mayor Karla Ruiz MacFarland. Commissioner Sandy Naranjo reported on the Board of Port Commissioners and matters pertaining to National City Tidelands and San Diego Tidelands, including environmental justice initiatives that are advancing. CONSENT CALENDAR Public Comment: None ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to approve the Consent Calendar Items 3 through 6. Motion carried by unanimous vote. 3. 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. 4. Approval of Meeting Minutes: City Council and Community Development Commission - Housing Authority of the City Of National City: Virtual Regular Meeting: January 19, 2021; and City Council of the City Of National City: Virtual Special Meeting; and January 19, 2021 Virtual Special Meeting; and January 26, 2021 Joint Special Meeting of the City Council and Community Development Commission; and Housing Advisory Committee: Virtual Special Joint Meeting January 26, 2021. 5. Ratified Warrant Register #30 for the period of 1/20/21 through 1/26/21 in the amount of $2,266,130.76. 6. Ratified Warrant Register #31 for the period of 1/27/21 through 2/02/21 in the amount of $1,718,495.28. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 7. Second reading and adoption of an Ofdinance No. 2021-2486, entitled, "Ordinance of the City Council of the City of National. City to require electronic submittal of Campaign Disclosure Statements and Form 700 filings." Page 3 of 11• City of National City — City Council Regular Meeting Minutes March 2, 2021 City Clerk Molina read the title of the Ordinance into the record. Mayor Sotelo-Solis declared the Public Hearing open at 6:44 p.m. Public Comment: None ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to close the Public Hearing at 6:44 p.m. Motion carried by unanimous vote. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Ordinance. Motion carried by unanimous vote. 8. Introduction and first reading of an Ordinance of the City Council of the City of National City adding National City Municipal 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 Tim Cromartie, Senior Advisor with Cannabis Policy at HdL Companies, to join the discussion. Raulston, Gamwell and Cromartie gave the Staff report and PowerPoint presentation. Mayor Sotelo-Solis declared the Public Hearing open at 7:01 p.m. Public Comments: Twelve (12) public comments were heard. Speakers in opposition: Barbara Gordon, Becky Rapp, Carol Green, Kelly McCormick, and Margaret Godshalk. Speakers in support: Chad Matkowski, Cynara Velazquez, Katelyn Hailey, Kristin Heidelbach, Laura Wilkinson Sinton, Matthew Nathaniel, and Jessica McElfresh. Four (4) written comments were received. Commenters' in opposition: Ted Godshalk, Joan Rincon. Commenters' in support: Nancy Estolano, Robert Moreno. ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to close the Public Hearing at 7:29 p.m. Ayes: Bush, Rios, Rodriguez, Sotelo-Solis Nayes: Morrison Motion passed by 4-1 vote. Motion by Vice -Mayor Rodriguez, seconded by Mayor Sotelo-Solis, to accept the Ordinance as presented. Substitute Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to amend Section 9.60.070: Location and Design of Cannabis Businesses, :and to -add retail - and expand to Commercial and Mixed Use zones specifically to Major Mixed_ Use. Corridor (MXC2) and Major Mixed Use District (MXD2). Page 4 of 11 City of National City — City Council Regular Meeting Minutes March 2, 2021 Ayes: Bush Nayes: Morrison, Rios, Rodriguez, Sotelo-Solis Motion failed by 1-4 vote. Substitute Motion by Councilmember Morrison, seconded by Councilmember Rios to -cease further discussion and return to a future meeting to allow a workshop to be called, with questions sent to staff from members of the City Council for clarification, to be addressed at said workshop. Vice -Mayor Rodriguez presented motion as friendly amendment, Councilmember Morrison accepted to limit the workshop to discuss specifically zoning, and what would be allowed in those zones. City Attorney Bell asked Councilmember Rios if she would agree to that amendment. Councilmember Rios rescinded her second. Motion died for lack of a second. Original Substitute Motion by Councilmember Morrison, seconded by Councilmember Rios, to cease further discussion and return to a future meeting, to allow for a workshop to be called with questions sent to staff from members of the Council for clarification, to be addressed at said workshop. Ayes: Morrison, Rios Nayes: Bush, Rodriguez, Sotelo-Solis Motion failed by 2-3 vote. Mayor Sotelo-Solis called for a recess at 8:22 p.m. and reconvened at 8:41 p.m. with all Councilmembers present. Substitute Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to discuss "Section 9.60.110: Evidence of Cannabis Owner(s), Representative(s), and Employee(s) Background Check Required, to remove Subsections (b)(2) and (b)(3)." Councilmember Bush rescinded his second. Motion was withdrawn by the maker. Mayor Sotelo-Solis allowed Councilmembers to ask clarifying questions regarding the Ordinance. City Manager Raulston, Economic Development Specialist Gamwell and Consultant Cromartie respond to Councilmembers questions. Substitute Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to modify "Section 9.60.110: Evidence of Cannabis Owner(s), Representative(s), and Employee(s) Background Check Required, Subsection 3(d)", and to modify "shall" to "may." To read "violation of this section may be grounds for immediate suspension of the business license." Friendly amendment by Councilmember Morrison to include subsections 3 (c) and (d). Councilmember Bush who seconded agreed with friendly amendment. Ayes: Bush, Morrison, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Substitute Motion by Vice -Mayor Rodriguez seconded by Councilmember Bush, Removing or striking from "Section 9.60.120: Persons Prohibited from Holding a Commercial Cannabis License, Subsection (a)(3)", the language, "applicant was conducting or -had.conducted-. Cannabis activity in the City of National City in violation of local -and/or -stale -law. Friendly amendment to add Prop 64 to be added "persons prohibited prior to 2016.or.. after enactment Page 5 of 11 City of National City — City Council Regular Meeting Minutes March 2, 2021 of Prop 64." Language to read in Section 9.60.120(a)(3), "Persons prohibited from holding a, commercial cannabis license, section (a)(3) applicant was conducting or had conducted Cannabis activity in the City of National City in violation of local and/or state law prior to 2016 or after the enactment of Prop 64." Councilmember Bush who seconded agreed with friendly amendment. Ayes: Bush, Rodriguez Nayes: Morrison, Rios, Sotelo-Solis Motion failed by 2-3 vote. Substitute Motion by Councilmember Bush, seconded by Councilmember Morrison, regarding "Section 9.60.120: Persons Prohibited from Holding a Commercial Cannabis License, Subsection (a)(3)", adding the language "not including cannabis -related offenses for which the conviction occurred after the passage of National City law prohibiting cannabis as a business (2012)." Ayes: Bush, Morrison, Rodriguez, Sotelo-Solis Nayes: Rios Motion carried by 4-1 vote. Substitute Motion by Vice -Mayor Rodriguez To remove Subsections (a)(2) and (a)(3), "Section 9.60.130: Persons Prohibited from Employment by a Commercial Cannabis Business," Striking evidence the person is delinquent of federal, state or local taxes and person was conducting or had conducted Cannabis activity in the City of National City in violation of local and/or state law. Motion died for lack of a second. Substitute Motion by Councilmember Morrison, seconded by Councilmember Rios, to remove "Section 9.60.130: Persons Prohibited from Employment by a Commercial Cannabis Business, Subsection (a)(2)", and to add the word "Commercial", to read "Evidence the person is delinquent of "commercial" "federal, state or local taxes". Ayes: Bush, Morrison, Rodriguez, Sotelo-Solis Nayes: Rios Motion carried by 4-1 vote Substitute Motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez, "Section 9.60.130: Persons Prohibited from Employment by a Commercial Cannabis Business, Subsection (a)(3)", and to add the language "not including cannabis -related offenses for which the conviction occurred after the passage of National City law prohibiting cannabis as a business (2012)." Ayes: Bush, Morrison, Rodriguez, Sotelo-Solis Nayes: Rios Motion carried by 4-1 vote. Substitute Motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez, to allow consumption lounges in "Section 9.60.070: Location and Design of Cannabis Businesses", and to strike Subsection (b), and to add the language concerning the location of consumption lounges into the lead paragraph and Section (a). Ayes: Morrison Nayes:-Bush, Rios, Rodriguez, Sotelo-Solis Motion failed by 1-4 vote. Page 6 of 11 City of National City — City Council Regular Meeting Minutes March 2, 2021 Mayor Sotelo-Solis reminded the City Council of Policy #104 that requires the City Council Meeting be adjourned no later than 10:30 p.m. unless extended by Council vote. Motion by Councilmember Bush, seconded by Councilmember Rios, to continue the meeting past the 10:30 p.m. time, with a 10 minute break at 11:00 p.m. Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Substitute Motion by Councilmember Bush, seconded by Councilmember Rios, regarding "Section 9.60.230: General Operating Requirements for all Commercial Cannabis Businesses, Subsection (g)(2) Minors", removing the language "physician's recommendation," and to add "State -issued cannabis medical card." Ayes: Bush, Morrison Nayes: Rios, Rodriguez, Sotelo-Solis Motion failed by 2-3 vote. Substitute Motion by Councilmember Bush, regarding "Section 9.60.070: Location and Design of Cannabis Businesses", to allow retail Major Mixed Use Corridor (MXC2) and Major Mixed Use District (MXD2), allow zoning to include a map for discussion at the April 6, 2020 City Council Meeting. Motion died for lack of a second. Substitute Motion by Mayor Sotelo-Solis, seconded by Councilmember Bush, regarding "Section 9.60.100: Development Agreement", asking staff to bring back additional information regarding social equity, boiler plate or template language as a starting point to in order to address the portion of the Development Agreement that will protect and promote the social equity; regarding the application process. This can be discussed in a workshop setting for discussion. Councilmember Bush made a friendly amendment to motion to add language "including but not limited to PLAs, local hires, day care centers, partnerships with educational institutions", and to include an exhaustive list of groups to add as potential applicants. Staff to determine a date certain for workshop at the April 6 meeting. Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Mayor Sotelo-Solis called for a recess at 11:00 p.m. and reconvened at 11:11 p.m. with all Councilmembers present. Substitute Motion by Mayor Sotelo-Solis, seconded by Councilmember Bush, to remove "Section 9.60.230: General Operating Requirements for all Commercial Cannabis Businesses, Subsection (o)", and to strike Subsection (o) in its entirety. Motion was withdrawn by the maker. Substitute Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to modify "Section 9.60.420: Transfer of Cannabis Business Permit, Subsection", and to include that labor agreements must be upheld by new owners, and add that the permits must be held for at least one year before transfer. Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Page 7 of 11 City of National City - City Council Regular Meeting Minutes - March 2, 2021 Mayor Sotelo-Solis made a friendly amendment to bifurcate motion, makei does not agree to bifurcate original motion. Substitute Motion by, Councilmember Morrison, seconded by Councilmember Rios, to add language to , "Section 9.60.070: Location and Design of Cannabis Businesses, Subsection (a)(2)", "any residentially zoned parcel or legal non -conforming residences. Motion by maker made a friendly withdrawal of motion. . Substitute Motion by Councilmember Morrison, seconded by Councilmember Rios, to request staff to provide one map that includes all sensitive zones, and what is being proposed in the ordinance to date, to include multi -family / single-family residential areas. Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Substitute Motion by Vice -Mayor Rodriguez, seconded by Mayor Sotelo-Solis, to amend "Section 9.60.250: Additional Operating Requirements for Store Front Retail Facilities, Subsection (g)", extending business hours from "9:00 a.m. through 9:00 p.m." to "8:00 a.m. through 10:00 p.m., seven -days per week". Mayor Sotelo-Solis rescinded her second. Motion dies for lack of a second. Substitute Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, pertaining to clarification regarding the titles of "Chief of Police when paired with City Manager" are paired throughout the Ordinance. Councilmember Rios made a friendly amendment motion to amend to add "or designee" to read "Chief of Police, City Manager or designee." Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Substitute Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, "Section 9.60.440: Promulgation of Regulations, Standards, and Other Legal Duties", and to request a point of clarification regarding the authority of the City Manager to make changes; and to strike "may" and add "shall" in its place, in Subsection (b). Hdl Co. representative Mr. Cromartie gave the rationale in support of the language concerning the authority of the City Manager in a ministerial, administrative capacity. Maker of motion added to amend sentence from "Regulations "may" be published on the City website to "Regulations "will" be published on the City website." Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Motion by Councilmember Rios, seconded by Councilmember Bush, to introduce the Ordnance as amended to return to the City Council, April 6, 2021, for the Second Reading and adoption. Ayes: Bush., Morrison, -Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. NON CONSENT RESOLUTIONS 9. Adopted Resolution No. 2021-13. Resolution of the City Council of the City of National City: •1) authorizing the filing of a Proposition 68 Statewide Park Page 8 of 11 City of National City — City Council Regular Meeting Minutes March 2, 2021 Development and Community Revitalization Program (SPP) application for the Kimball Park Project in the amount of $7,738,273; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $7,738,273 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the Kimball Park Project. Mayor Sotelo-Solis read the title of the Resolution into the record. Mayor Sotelo-Solis introduced City Manager Raulston, Director of Public Works Yano, and Director Denham, who gave the Staff report and PowerPoint presentation. Councilmembers asked questions of staff concerning this Item. Staff provided responses. Public Comment: One (1) written comment received: Joan Rincon (in support). ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to adopt Resolution Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. 10. Adopted Resolution No. 2021-14. Resolution of the City Council of the City of National City: 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of $5,632,571; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $5,632,571 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the El Toyon Park Project. Mayor Sotelo-Solis read the title of the Resolution into the record. Mayor Sotelo-Solis introduced City Manager Raulston gave the report and PowerPoint presentation. Public Comment: None ACTION: Motion by Councilmember Morrison, seconded by Councilmember Bush, to adopt Resolution. Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. NEW BUSINESS 11. Time Extension Request — Tentative Subdivision Map for a 29-unit multi -unit residential project located at East 16th Street and "M" Avenue. (Applicant: Renova Properties, LLC) (Case File 2021-01 TE). Page 9 of 11 City of National City — City Council Regular Meeting Minutes . March 2, 2021 Mayor Sotelo-Solis read the title of the Item into the record. Mayor Sotelo-Solis introduced Principal Planner Reeder who addressed questions from the Council. : Public Comment: Noel Meza (applicant). ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to approve the Request. Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Motion carried by unanimous vote. Received and Filed Report. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY No agenda items. C. REPORTS STAFF REPORTS 12. Update on the County of San Diego COVID-19 2021 Emergency Rental Assistance Program. Mayor Sotelo-Solis introduced Housing Programs Manager Angelita Palma who gave an update on the COVID-19 efforts. Received and Filed Report. 13. City Manager Report. City Manager Raulston will provide an update on COVID-19 vaccinations via memo to City Council. MAYOR AND CITY COUNCIL City Clerk Molina announced the vacancies in the Planning Commission and the Community and Police Relations Committee. Potential Commissioners may apply for consideration by March 17, 2021, 5:00 p.m. via the City Clerk's office. Councilmember Morrison requested to make a motion. Motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez, to bring back for discussion at the April 6, 2020, City Council Meeting. An Item concerning written public comments and allowing them to be read into the record -during Cify Council Meetings. Ayes: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis. , Page 10 of 11 City of National City — City Council Regular Meeting Minutes March 2, 2021 Motion carried by unanimous vote. Councilmember Rios wished Councilmember Bush "Happy Birthday". She thanked Staff for their work and the progress gained in today's meeting. She spoke about Sweetwater Authority services for leak problems. She also commented on the Self -Guided tour of National City that is circulating on social media, and the community activities advertised. Vice -Mayor Rodriguez highlighted the efforts by County Supervisors to make COVID-19 vaccines available to the public. He thanked Staff for their patience and help today. Councilmember Bush thanked Staff for their hard work and leadership in light of today's challenges. Mayor Sotelo-Solis expressed appreciation towards Staff for their flexibility and efforts. CLOSED SESSION CLOSED SESSION REPORT City Attorney Bell stated his report from the Closed Session Pursuant to California Government Code Section 54957.1, no reportable action was taken in closed session regarding the United States Department of the Interior — Fish and Wildlife Services Agency Notice of Potential Liability Claimed Against: City of National City. ADJOURNMENT 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, March 16, 2021 at 6:00 PM via teleconference. Motion carried unanimously. The meeting adjourned at 12:28 a.m. ity Clerk The foregoing minutes were approved at the Regular Meeting of Apri Mayor Page 11 of 11