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HomeMy WebLinkAbout2023 06-20 CC HA CDC MINPresent: Others Present: REGULAR MEETING MINUTES OF THE CITY COUNCIL June 20, 2023, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Mayor Morrison Vice -Mayor Molina Councilmember Bush Councilmember Rodriguez Councilmember ber Yamane Armando erar, Interim City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk Carlos Aguirre, Housing Authority Director Molly Brennan, Administrative Services Director Ben Martinez, Acting Community Development Director Sergio Mora, Fire Battalion Chief Joyce Ryan, Library & Community Services Director Telle, Chief of Police Roberto Yana, Director of Public Works and City Engineering l i CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:10 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. 2. ROLL CALL Interpretation in Spanish provided by Luisa Diaz de Leon and Carlos Diaz. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION Councilmember Rodriguez led the Pledge of Allegiance. Invocation provided by Pastor Dan Koeshall, Metropolitan Community Church. Item Pulled Out of Order by Mayor Morrison 5. PROCLAMATIONS S AND RECOGNITION IITIOI 5.1 Juneteenth Day Mayor Morrison presented a Proclamation to Donna DeBerry for the County of San Diego Central Black Chamber of Commerce. 4. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing three 3 minutes per comment and introduced City Clerk Chapel. Five speakers provided in -person comments, one 1 written comment, and four (4) people provided virtual comment. Comments received via Zoom: Kelly McCormick Judith Strang Barbara Gordon Becky Rapp In -person comment: Joseph L. Crawford Michael Tillo Joan Rincon Kelsey Genesi .. EHC Geoffrey Schrock 5. PROCLAMATIONS AND RECOGNITION 5.2 Employee of the Quarter, Police Sergeant Michael "Scott" Shanahan Mayor Morrison introduced Police Chief Tellez who presented the proclamation. 6. PRESENTATION Limited to Eive(5....Minutes eachl .1 National City Brownfields Assessment Project by San Diego State University (SDSU) Mayor Morrison introduced Jessica Barlow, Professor of Sustainability, Department of Geography at SDSU who presented a PowerPoint presentation. 7. REGIONAL BOARDS AND COMMITTEE REP TS (Li miited to Five (5j M Minutes each Councilmember Rodriguez had nothing to report. Councilmember Bush reported on Metropolitan Transit System. Vice -Mayor ror Molina provided an update on the SANDAG Board of Directors Meeting. Councilmember Yamane had nothing to report. Mayor Morrison had nothing to report. Port Commissioner Naranjo reported updates from the Port Authority. 8. CONSENT CALENDAR ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to approve Consent Calendar Items 8.1 through 8.8, and Items 8.10 through 8.22 with Items 8.095 and 8.23 pulled for discussion. Motion carried by unanimous vote. 8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda. Motion carried by unanimous vote. 8.2 Approval of City Council Meeting Minutes. Approve and file. Motion carried by unanimous vote. 8.3 Agreement Between City of National City and Chandler Asset Management, Inc. Approved Resolution No. 2023-74 Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement By and Between the City of National City and Chandler Asset Management, Inc. for Investment Management and Advisory Services." Motion carried by unanimous vote. .4 Agreement between the City of National City and the Pun Group, LLP. Approved Resolution No. 2023-75 Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California authorizing the Mayor to execute an agreement with The Pun Group, LLP For Professional Independent Audit Services". Motion carried by unanimous vote. 8.5 Amending the Confidential Group Salary Schedule to Revise the Salary of the Senior Information Technology Analyst for 2023 and 2024. Approved Resolution No. 2023-76 Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Amending the Confidential Group Salary Schedule." Motion carried by unanimous vote. 8.6 Approval of Amendment to Agreement with San Diego County fr Senior Nutrition n Services Approved Resolution No. 2023-77 Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Amendment to County Contract 561763 Extending the Contract Term for Six Additional Months Through December ember 31, 2023." Motion carried by unanimous vote. .7 Approval of Agreement Between the City of National City and the National City Host Lions Club Approved Resolution No. 2023-78 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Enter into an Agreement with the National City Host Lions Club in the Not -to -Exceed Amount of $7,750 to Facilitate the Fourth of July Carnival from Friday, June 30, 2023 to Tuesday, July 4, 2023." Motion carried by unanimous vote. 8.8 Approval of Agreements with San Diego Gas and Electric Company, BNSF Railway Company, San Diego Metropolitan Transit System, and the San Diego Unified Port District for Segment 5 of the Bayshore Bikeway in National City. Adopt Resolutions Entitled: Approved Resolution No. 2023-79 1 `Resolution of the City Council of the City of National City, California, authorizing the Mayor to Execute the Agreement with San Diego Gas & Electric Company for the Purpose of Construction, Planting Mitigation, Monitoring, Operation, Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City;" and, Approved Resolution No. 2023-80 "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement with BNSF Railway Company for the Purpose of Construction, Plant Mitigation, Operation, Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City;" and, Approved Resolution No. 202 - '1 3 "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement with San Diego Metropolitan Transit System for the Purpose of Construction, Planting Mitigation, Monitoring, Operation, Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City;" and, Approved Resolution No. 2 3- 2 4) "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement with the San Diego Unified Port District for the Purpose of Construction, Planting Mitigation, Monitoring, Operation, Inspection, Maintenance, Repair and Replacement of the Bike Path for Segment 5 of the Bayshore Bikeway in the City of National City." Motion carried by unanimous vote. !tern Pulled For Discussion by Coy nciimember Rodriguez 8.9 Approval of a Three 3 year Contract for a Not -to -Exceed Amount of $2 Million Dollars with Circuit Transit Inc. with an Option for Two One -Year Extensions Depending on Available Funds to Provide the Free Ride Around National City (FRANC) Shuttle Program Approved Resolution No. g 3- 3 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Use of Cooperative Procurement with SANDAG's Regional Flexible Fleet Services Procurement Process to Award a Three 3 Year Contract for a Not -to -Exceed Amount of $2 Million Dollars to Circuit Transit Inc. with an Option for Two One -Year Extensions Depending on Available Funding to Provide the Free Ride Around National City (FRANC) Shuttle Program. ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to adopt the resolution. Motion carried by unanimous vote. 8.10 Authorize the Acceptance of the California Automated Permit Processing Program Grant Approved Resolution No. 2023-84 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager or Designee to Accept the California Automated Permit Processing Program Grant in the Amount of $603000 from the California Energy Commission to Fund the National City Building Division's Implementation of an Online Solar Permitting Platform and Authorizing the Establishment of a Community Development Reimbursable Grant Fund Appropriation of $60,000 and Corresponding Revenue Budget" Motion carried by unanimous vote. 8.11 Approval of a Second Amendment to the Agreement between the City and Devaney Pate Morris & Cameron LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims. ►pproved Resolution No. 2023-85 Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Approving a Second Amendment to the Agreement Between the City and Devaney Pate Morris & Cameron LLP for Legal Services in the Specialized Area of General Civil Litigation Defense Arising from Government Claims by 1 Increasing the Not -to -Exceed Amount by $50,000 for a New Total Not -to -Exceed Amount of $250,000 Pertaining to Litigation Titled Bhandari v. City and 2 Increasing the Not -to -Exceed Amount by 0,000 for a New Total Not -to -Exceed Amount of $200,000 Pertaining to Litigation Titled Cummins v. City." Motion carried by unanimous vote. 8.12 First Amendments toOn-Call Consultant Agreements for City's Capital Improvement ement Program (CIF) Approved Resolution No. 2023-86 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute First Amendments to Extend Agreements by One -Year with the FollowingOn-Call Consultants: a) Atlas Technical Consultants, LLC; b) D-M X Engineering, Inc.; c) Geosyntec Consultants, Inc.; d) Leighton Consulting, Inc.; a Ninyo & Moore Geotechnical Environmental Sciences Consultants; and, f) Randall Lamb Associates, Inc." Motion carried by unanimous vote. 8.13 First Amendment with San Diego Mechanical Energy, Inc. for Facilities Maintenance Services Approved Resolution N. 2023-87 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with San Diego Mechanical & Energy, Inc., Extending the Agreement by One -Year to June 30, 2024." Motion carried by unanimous vote. 8.14 First Amendment to the Agreement with Southwest Traffic Signal, Inc., for Traffic Signal and Streetlight Maintenance Approved Resolution No. 2023-88 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Southwest Traffic Signal Service, Inc., Extending the Agreement by One -Year to June 30, 2024." Motion carried by unanimous vote. 8.15 lemorandur of Understanding (MOU) Between the San Diego Unified Port District and the City of National City to Contribute Funds for the Free Ride Around National City (FRANC) Program. Approved Resolution No.2023-89 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City 1 Authorizing the Mayor to Execute a Memorandum Of Understanding Between the San Diego Unified Port District and the City of National City to Contribute Funds from the Maritime Industrial Impact Fund for the Funding of the Free Ride Around National City (FRANC) Program; and 2) Authorizing the Establishment of $400,000 in Appropriations and a Corresponding Revenue Budget." Motion carried by unanimous vote. 8.16 Sole Source Purchase of a Phoenix G2 Fire Station Alerting System Approved Resolution No. 2023-90 Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.220 (B) Regarding the Sole Source Purchase of the Phoenix G2 Fire station Alerting System for the National City Fire Department, from US Digital Designs USDD for a Not -To -Exceed Amount of 1 , 04. ." Motion carried by unanimous vote. 1,1 8.17 Sole Source Installation of the Phoenix G2 Fire Station Alerting System by Bergelectric Approved Resolution No. 2023-91 Adopt the Resolution, Entitled, "Resolution of the City council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2. . 20 Regarding the Sole Source Installation of the Phoenix G2 Fire Station Alerting System for the National City Fire Department by Bergelectric for a Not -to -Exceed Amount of $86,150.0O and Authorizing Additional Budget Appropriations of $74$664.85 from General Fund Unassigned Fund Balance for Said Installation." Motion carried by unanimous vote. 8.18 Annual Appropriations Limit for Fiscal Year 2024 Approved Resolution No. 2023-92 Adopt the Resolution Entitled,"Resolution of the City Council of the City of National City, California, Approving and Adopting the Annual Appropriations Limit of $80,2267080 for Fiscal Year 2024" Motion carried by unanimous vote. 8.19 Successor Agency Proposed Budget for Fiscal Year 2023-24 Adopt the Proposed Budget for the Successor Agency for Fiscal Year 2023-24. Approved Resolution No. 2023-114 Adopt the Resolution Entitled, "Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, California, Adopting a Budget of $4,266,020 for Fiscal Year 2023-24." Motion carried by unanimous vote. 8.20 Investment Report for the Quarter Ended March 31, 2023. Accept and File the Investment Report for the Quarter Ended March 1, 2023. Motion carried by unanimous vote. .21 Investment transactions for the month ended April 3 , 2 23. Accept and file the Investment Transaction Ledger for the month ended April 30, 2023. Motion carried by unanimous vote. 8.22 Warrant Register #45 for the period of 5/5/23 through 5/11/23 in the amount of $1,380,114.63. Ratify r Warrants Totaling $ 1,3805114.63 Motion carried by unanimous vote. Item Pulled For Discussion by Councilmember Rodriguez 8.23 Warrant Register inter 4 for the period of 5/12/23 through 5/18123 in the amount rat of $2,374502.87. Ratify Warrants Totaling 2,374,502.87 ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember ber Yamane to approve. Motion carried by unanimous vote. Councilmember Bush left the dais at 7:21 p.m. and returned at 7:23 p.m. . 9. PUBLIC_HE ,I ING Notice of the Public Hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than specified in the notice. 9.1 Public Hearing and Review of the Focused General Plan Update'Update's Supplemental Program Environmental Impact Report and California Environmental Quality Act (CEQA)Findings. Vice -Mayor Molina left the dais at : 2 p.m. recusing herself from the item as she lives within 500 to 1,000 feet of the alternative site project and returned to the dais .m. Mayor Morrison disclosed he spoke with the project Attorney. Co ncilmem er Rodriguez left the dais at + 2 p. m. and returned at 7:30 p.m. Mayor Morrison excused the interpreters at 8:00 p.m. per City Council Policy No. lli R , two hour minimum and as there were no more participants registered to comment via Zoom Mayor Morrison introduced Angelita Palma, Acting Director of Housing Authority who introduced Tara Lake, Senior Vice -President at WSP USA; Stephanie Whitmore, Director Environmental Planning, WSP USA; Laura Gates, Gates Planning Strategies; Planning Manager Reeder; and, Directorof Public Works and Engineering Yana who provided the report. Mayor Morrison declared the Public Hearing open at 7:36 p.m. Three 3 in -person public comment were received from Cynthia Morgan -Reed, Ted Godshalk, and Kelsey Genesi — EHC. Two 2 written comments were received from Cynthia Morgan -Reed, Ted Godshalk. ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to close the Public Hearing. Motion carried by unanimous vote Public Hearing closed at 7:47 p.m. Recommendation: Hold the Public Hearing, Discuss the Project and the Alternate Project Location Alternative, and Consider the National City Planning Commission's Recommendation In -Favor of the Alternate Project Location Alternative. Councilmembers provided comment. Mayor Morrison called for a recess at 8:14 p.m. and all members er returned at 8:21 . m. to resume the meeting,. 9.2 Public Hearing and Resolution Confirming the Assessment ent and Ordering the Levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2 23- 24. 591 Approved Resolution No. 023-93 Mayor Morrison on declared the Public Hearing open at 8:22 p.m. No Public Comment. ACTION: Motion by Vice -Mayor Molina, seconded by Councilmember ber Bush to close the Public Hearing. Motion carried by unanimous vote. Public Hearing closed at 8:22 p.m. ACTION: Motion by Vice -Mayor r Molina, seconded by Councilmember Rodriguez to approve. Motion carried by unanimous vote. 9.3 Public Hearing and Adoption of a Resolution Accepting the National City Fiscal Year 2023-2024 Tax Roll Sewer Service Fees Report. Approved Resolution No. 2 23- 4 Mayor Morrison introduced Director of Public Works/Engineering Yano. Mayor Morrison declared the Public Hearing open at 8:24 p.m. No Public Comment. ACTION: Motion by Councilmember Yamane, seconded by Vice -Mayor Molina to close the Public Hearing. Motion carried by unanimous vote. Public Hearing closed at 8:24 p.m. Recommendation: Hold a Public Hearing and Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Accepting the National City 2023-2024 Tax Roll Sewer Service Fees Report, Which Identifies by Parcel Number, Each Parcel of Real Property Receiving Sewer Services and the Amount of Sewer Charges for Each Parcel for FY 2 2 - 4 as Required by the California Health and Safety Code Section 5473 et seq.: Pertaining to Collection of Sewer Charges on the Tax Roll, Directing the City Clerk to File the Report with the County of San Diego Auditor and Controller, and Directing the City Engineer to Submit a Certification of the Sewer Service Charges to the County of San Diego Auditor and Controller." ACTION: : Motion by Councilmember Yamane, seconded by Vice -Mayor Molina to approve. Motion carried by unanimous vote. 10. STAFF REPORTS TS 1.1 Verbal Report -out of Salary and Benefits in the Employment Agreement of the Interim City Manager as required by the Brown Act 680. Approved Resolution No. 2023-95 City Attorney Schultz read the verbal report out of Salary and Benefits and noted a correction to $255,723.12 as the base salary. One (1) Written Comment: Ted Godshall Recommendation: Consider Adoption of the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Appointing Armando Vergara as Interim City Manager and Authorizing the Mayor to Execute an Employment Agreement Between the City of National City and Armando Vergara with the Effective Date of June 1, 2O23 " ACTION: Motion by Councilmember Yamane, seconded by Councilmember ember Rodriguez to approve. Motion carried by unanimous vote. 10.2 Cannabis Business Development Agreements Approved Resolution No. 2023-96 Mayor Morrison introduced Pedro Garcia, Economic Development Manager who provided the report and PowerPoint Presentation. Written Public Comment: Gina Austin, Brittany Biesterfeld, Chris Garmo, Joan Rincon, Bill No al, Dukie Valderrama, and Anthony Avalos, Two Public Comments via Zoom: Laura Wilkinson Sinton and Jacqueline Luna Reynoso Recommendation: Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Approving the Cannabis Business Development Agreements with Mr. Nice Guy, Element 7, and NC investment Group." ACTION: Motion by Vice -Mayor Molina, seconded by Councilmember Rodriguez to approve. Motion carried by -1 vote. Ayes: Rodriguez, Yamane, Molina, Morrison Nays: Bush 10.3 City of National City Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2022. Mayor Morrison introduced Molly Brennan, Administrative Services Director; Rochelle Barrera, Finance Manager; and, Coley Delaney, The Pun Group. One 1 Written Public Comment: Ted Godshall( Recommendation: Accept and File the Report. ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to approve. Motion carried by unanimous vote. 10.4 Fiscal Year 2023 Third Quarter Budget Review Approved Resolution No. 2023-97 Mayor Morrison introduced Budget Manager Paul Valadez who provided the report. No Public Comment. Recommendation: Accept and File this Report, and Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing Various Fiscal Year 2023 3rd Quarter Budget Adjustments." ACTION: Motion by Vice -Mayor Molina, seconded by Councilmember Rodriguez to approve. Motion carried by unanimous vote. 10.5 Resolution of the City Council of the City of National City Adopting a Budget for Fiscal Year 2024 Approved Resolution No. 2023-98 Mayor Morrison introduced Molly Brennan, Director of Administrative Services who provided the report and PowerPoint Presentation. Public Comment: Liliana Armenta, Mike Montoya, , Edward Nieto, Alma Sarmiento, Sherry Logue, Kelsey Genesi, Daniel Perez, and Sandra Sheller One 1 Public Comment via Zoom: Edna Concepcion One 1 Written Public Comment: Ted Godshall Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Adopting a Budget for the Fiscal Year 2024." At 10:40 p.m., ., Mayor Morrison reminded the City Council it of Policy #104 that requires the City Council Meeting to be adjourned urned r later than 10:30 . m. unless extended by Curd vote. Mayor Morrison asked the City Council to consider extending the meeting for 30 minutes to complete the remaining items. ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to end the meeting by 11:10 p.m. Motion carried by 4-1 vote. Ayes: Bush, Rodriguez, Yamane, Morrison Nays: Molina Councilmember Yamane called "Point of Order, stating "Vote has been called." Mayor Morrison responded that the Point of Order does not "Call for a Vote". Councilmember Rodriguez seconded the Point of Order. Mayor Morrison stated that it will require a 4/the vote to end discussion. Vote was called. 0.6 Ayes: Bush, Rodriguez, , amane, Molina Mayes: Morrison ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to approve staff recommendation to adopt the Budget as presented. Motion carried by 3-2 vote. Ayes: Bush, Rodriguez, Yamane Nays: Molina, Morrison City Council Discussion and Direction Regarding Revisions to City council Policy No. 104: Rules of Procedural and Order for City Council Meetings Recommendation: mendation: Discuss and Provide Direction to staff Regarding Revisions to the City Council Policy No. 104: Rules of Procedural and Order for City Council Meetings; XIV Procedural Matters, E (Proclamations). ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to approve. Motion carried by 3 2 vote. Ayes: Bush, Rodriguez, Yamane Nays: Molina, Morrison 11. CITY MANAGER'S EPo T No Comment. 12. ELECTED OFFICIALS REPORT T Closing remarks were provided by the City Council. 13. CITY ATTORNEY REPORT CLOSED SESSION 1. PUBLIC EMPLOYMENT YMENT Government Code Section 54957.6 Position to be filled: City Manager 2. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Government Code Section 54956.9 (d) (1) Name of Case: Bhandari v City of National City. et al. California Southern District Court Case No: 3:2021-CV-01 G52-BTM-MDD City Attorney Schultz reported that two (2) items were discussed in Closed Session. The first item. action. involved Existing. Litigation Bhandari vs City of National City with no reportable The second item involved the discussion of public employment: Permanent City Manager. City Council has directed staff to move forward to negotiate a contract with Armando Vergara as the permanent City Manager. 14. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 1, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National. City Boulevard, National City, California. The meeting adjourned at 11:13 p.m. The foregoing minutes were approved at the R ular ^ '; eeti ng of August 1, 2023. Morrison, May