HomeMy WebLinkAbout2024 04-16 CC MIN0
Present:
Others Present:
REGULAR MEETING MINUTES OF THE CITY COUNCIL
April 16, 2024, 6:00 p.m.
City Council Chamber -1243 National City Boulevard
National City, CA
Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice -Mayor Yamane (via Zoom)
Mayor Morrison
Benjamin A. Martinez, City Manager
Richard Romero, Assistant City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Phil Davis, Interim Finance Director
Danielle Ghio, Acting City Librarian
Brian Hadley, Deputy City Manager
Tonya Hussain, Deputy City Clerk
Stephen Manganiello, Director of Engineering/Public Works
Sergio Mora, Fire Chief
Omar Ramirez, Internal Affairs/Backgrounds Lieutenant
Chris Sullivan, Police Captain
1. 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.
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.
AB 2449 Request:
Vice -Mayor Yamane requested to attend the meeting virtually due to "just cause."
Mayor Morrison explained the protocol for AB 2449 Teleconference Attendance of a City
Councilmember.
Mayor Morrison confirmed that at least a quorum of the legislative body was present at
the location of the meeting in City Council Chamber as identified on the agenda.
Mayor Morrison confirmed a two-way visual and telephonic service and a live webcasting
of the meeting to allow the public to hear, and observe the meeting was available, and the
opportunity for public to attend via call —in option, Zoom, and in -person location of the
meeting.
This was the first virtual City Council Meeting Vice -Mayor Yamane attended in Calendar
Year 2024 under the AB 2449 provision. Vice -Mayor Yamane confirmed there was no
other individual over the age of 18 present at the remote location with her.
ACTION: The remote participation of Vice -Mayor Yamane due to "Just Cause" was
approved unanimously.
Roll Call Vote to allow Vice -Mayor Yamane to attend virtually via AB 2449.
Councilmembers present: Bush, Molina, Rodriguez, Yamane (via Zoom), Morrison
2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane (via Zoom), Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Bush led the Pledge of Allegiance.
4. INVOCATION
Invocation delivered by local pastor.
5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing
two (2) minutes per comment and introduced City Clerk Chapel.
Ten (10) speakers provided in -person comments, three (3) people provided virtual
comment and one (1) written comment was received.
In -Person Public Comment:
Vincent Yanez
Elizabeth Esparza
Sherry Gogue
Julie Paule
Edward Nieto
Eric Quionnes
Andrew McKercher
Thomas G. Rike
Aida Casteneda
Grace Nakashima
Virtual Comment:
Megan Stuart
Diana Munoz
Janice Reynoso
Written Comment:
Coalition for Fair Employment in Construction
6. PROCLAMATIONS AND RECOGNITION
6.1 National Library Week
Mayor Morrison presented the Proclamation. Acting Librarian Danielle Ghio
introduced the members of the Board of Library Trustees who accepted the
proclamation.
7. PRESENTATION (Limited to Five (5) Minutes each)
7.1 Southwestern Community College - Higher Education Center National City
Mayor Morrison introduced Southwestern College Trustee - Area 1 Robert Moreno
who introduced Dean Christine Perri who provided a PowerPoint presentation.
8. INTERVIEWS AND APPOINTMENTS
8.1 Appointments: City Boards, Commissions and Committees — Mayoral Appointment
for the Traffic Safety Committee.
Recommendation: Mayoral Appointment with City Councilmembers' Confirmation.
ACTION: Motion by Mayor Morrison, seconded by Councilmember Rodriguez to
appoint Natalie Brown to the Traffic Safety Committee with a term ending
September 30, 2024.
Motion carried by unanimous vote.
9. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez provided an update on the SANDAG Public Safety Committee
meeting.
Councilmember Molina presented an update on the SANDAG Board of Directors Meeting.
Vice -Mayor Yamane provided an update on San Diego Community Power, the San Diego
County Water Authority, Metro Wastewater Joint Powers Association, and the Sweetwater
Authority.
Mayor Morrison provided an update on the business of the Sweetwater Authority, and the
Regional Solid Waste Association.
Port Commissioner Sandy Naranjo provided an update on the recent Board meeting and
discussion of the Tijuana River Valley and Assembly Bill 2783.
Councilmember Molina disclosed her participation in advocacy for the support of
Assembly Bill 2783 authored by Assembly Member Alvarez and her presence at the
Assembly Committee Meeting in support of the bill.
10. CONSENT CALENDAR
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to
approve all Consent Calendar Items with the exception of Items 10.3 pulled for public
comment, 10.5 pulled by Councilmember Bush, and Item 10.8 pulled by Vice -Mayor
Yamane.
Motion carried by unanimous vote.
10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on
this Agenda
10.2 Approval of City Council Meeting Minutes.
Approve and file.
Motion carried by unanimous vote.
Motion carried by unanimous vote.
Item pulled for Public Comment
10.3 2023 Annual Military Equipment Use Report
Adopted Resolution No. 2024-26.
Police Chief Hernandez introduced Lieutenant Omar Ramirez who provided a
PowerPoint presentation.
In -person public comment received from Ed Nieto.
Recommendation: Adopt the Resolution Entitled, "Resolution of the City Council
of the City of National City, California, Receiving the 2023 Annual Military
Equipment Use Report, Renewing Ordinance 2022-2496, and Authorizing the
Purchase of Additional Equipment to Include Two Unmanned Aerial Vehicles, Two
Daniel Defense Rifles, One Tactical R/C Robot, and a Grant Funded Lenco
Bearcat Rescue Vehicle as Required by AB 481."
ACTION: Motion by Councilmember Molina seconded by Councilmember Bush
to adopt the resolution.
Friendly amendment by Councilmember Bush that the item be heard by the
Community & Police Relations Commission in the future.
Motion carried by unanimous vote.
10.4 Agreement with Devaney Pate Morris & Cameron, LLP for Legal Services in the
Specialized Area of Land Use and Business Matters Regarding the San Diego
Unified Port District.
Adopted Resolution No. 2024-27.
Adopt the Resolution Entitled "Resolution of the City Council of the City of National
City, California, Authorizing an Agreement Between the City of National City and
Devaney Pate Morris & Cameron, LLP for Legal Services in the Specialized Area
of Land Use and Business Matters Regarding the San Diego Unified Port District
in the Not -to -Exceed Amount of $25,000.
Motion carried by unanimous vote.
Item pulled by Councilmember Bush.
10.5 Agreement Between the City of National City and Kreisberg Law Firm, LLP for
Legal Services in the Specialized Area of Labor Law.
Human Resources Director Lydia Hernandez addressed the City Council.
Recommendation: Adopt Resolution entitled, "Resolution of the City Council of the
City of National City, California, Approving an Agreement between the City of
National City and Kreisberg Law Firm, LLP for Legal Services in the Specialized
Area of Labor Law."
ACTION: Motion by Councilmember Bush, seconded by Councilmember
Rodriguez for staff to obtain two additional proposals from law firms and conduct
interviews in Closed Session or with an Ad Hoc Committee comprised of Mayor
Morrison and Councilmember Bush before the next City Council meeting and for
staff to inquire with the Municipal Employees Association regarding the urgency of
the matter of including part time employees into the union.
Motion carried by unanimous vote.
10.6 Appropriation of Funds in the amount of $500,004 for the Clean Mobility Options
(CMO) Voucher Program for the Free Ride Around National City (FRANC) Shuttle
Program.
Adopted Resolution No. 2024-29.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, Authorizing the Appropriation of Grant Funds in the amount of
$500,004 for the Clean Mobility Options (CMO) Voucher Program for the Free Ride
Around National City (FRANC) Shuttle Program."
Motion carried by unanimous vote.
10.7 Approval of the Fourth Amendment to the Joint Exercise of Powers Agreement for
the Metro Wastewater Joint Powers Authority as a Participating Agency
Adopted Resolution No. 2024-30.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, authorizing the Mayor to execute the Fourth Amendment to the
Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers
Authority which Amends Sections 3.02 and 3.05 of the Joint Powers Agreement
as a Participating Agency of the Metro Wastewater Joint Powers Authority."
Motion carried by unanimous vote.
Item pulled by Vice -Mayor Yamane
10.8 Approving Job Classifications and Proposed Salary Schedule
Adopted Resolution No. 2024-31.
Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of
the City of National City, California, Creating Two (2) New Job Classifications for
the Roles of Emergency Manager and Fire Division Chief, Revising the Community
Services Officer Job Classification, and Amending the Management
Compensation Plan Salary Schedule."
ACTION: Motion by Vice -Mayor Yamane, seconded by Councilmember Molina to
adopt the resolution and for the promotions to be expedited.
Motion carried by unanimous vote.
10.9 Notice of Decision — Variance to Allow a New Single -Family Home to Deviate from
Requirements for Minimum Lot Area, Minimum Yard Setbacks, the Location of
Parking Spaces, and Maximum Height at a Vacant Property located on East 4th
Street.
Staff Recommends Approval of the Variance, Subject to the Recommended
Conditions in the Attached Resolution and a Determination that the Project is
Exempt from CEQA. The Proposed Single -Family Residence is a Permitted Use
in the Small Lot Residential (RS-2) Zone.
Motion carried by unanimous vote.
10.10 Temporary Use Permit — 5th Annual End of Summer Car Show and Cruise hosted
by the San Diego Lowrider Association at Kimball Park on Saturday, September
7, 2024, from 11:00 a.m. to 5:00 p.m. with No Waiver of Fees.
Approve the Application for a Temporary Use Permit Subject to Compliance with
all Conditions of Approval with No Waiver of Fees and in Accordance with City
Council Policy 802.
Motion carried by unanimous vote.
10.11 Warrant Register #36 for the period of 3/1/24 through 3/7/24 in the amount of
$3,988,162.44
Ratify Warrants Totaling $3,988,162.44
Motion carried by unanimous vote.
10.12 Warrant Register #37 for the period of 3/8/24 through 3/14/24 in the amount of
$743,436.99
Ratify Warrants Totaling $743,436.99
Motion carried by unanimous vote.
10.13 Warrant Register #38 for the period of 3/15/24 through 3/21/24 in the amount of
$2,335,074.98
Ratify Warrants Totaling $2,335,074.98
Motion carried by unanimous vote.
11. PUBLIC HEARING
11.1 Introduction of an Ordinance Amending Section 9.07 (Food Caterers and Catering
Equipment Rentals) of the National City Municipal Code.
Assistant Director of Community Development Martin Reeder provided a
PowerPoint presentation.
Mayor Morrison declared the Public Hearing open at 8:05 p.m.
In -person public comment:
Erika Burboa
Christian & Gabriella Villasana
Eddie Perez
Edward Nieto
Vice -Mayor Yamane exited Zoom visibility at 8:14 p.m. and returned at 8:16 p.m.
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember
Bush to close the public hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:20 p.m.
Recommendation: Introduce the Ordinance
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember
Bush to introduce the Ordinance.
Motion carried by unanimous vote.
Mayor Morrison released the translator at 8:28 p.m.
11.2 Ordinance for Introduction — Discharge of Fats, Oils and Grease (FOG) to the
Municipal Sewer System.
Councilmember Rodriguez left the dais at 8:41 p.m. and returned at 8:46 p.m.
Assistant Director of Engineering/Public Works Martha Juarez presented the item.
Mayor Morrison declared the Public Hearing open at 8:47 p.m.
There was no public comment.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina
to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:48 p.m.
Recommendation: Introduce Ordinance by First Reading, entitled, "Ordinance of
the City Council of the City of National City, California, amending Section
14.06.190 — Industrial Wastes - Discharge Restrictions - Permit Required When,
and adding Chapter 14.24 — Fats, Oils and Grease Discharge Control to Title 14
of the National City Municipal Code."
ACTION: Motion by Vice -Mayor Yamane, seconded by Councilmember Rodriguez
to introduce the Ordinance.
Motion carried by unanimous vote.
Mayor Morrison called for a recess at 8:52 p.m. Meeting reconvened at 9:00 p.m. with all
members present.
11.3 Public Hearing and Adoption of a Resolution of the City Council of the City of
National City amending the previously adopted Transportation Development
Impact Fee (TDIF) schedule and annual adjustment to the TDIF.
Adopted Resolution No. 2024-32.
Director of Engineering/Public Works Steve Manganiello presented the item.
Mayor Morrison declared the Public Hearing open at 9:03 p.m.
Public Comment received from Thomas Rike.
ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush
to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 9:06 p.m.
Recommendation: Public Hearing and Adoption of a Resolution Entitled,
"Resolution of the City Council of the City of National City, California, Amending
the previously adopted Transportation Development Impact Fee (TDIF) Schedule
and Annual Adjustment to the TDIF, Pursuant to National City Municipal Code
Section 4.52.100 and Consistent with Government Code Section 66017,
Approving an Adjustment to the TDIF as Required by the San Diego Association
of Governments (SANDAG) for Receipt of TransNet Local Street Improvement
Revenues, Resulting in the TDIF Increasing from $2,741.97 per New Residential
Dwelling Unit to $2,875.06 per Unit Beginning July 1, 2024.
ACTION: Motion by Councilmember Molina, seconded by Vice -Mayor Yamane to
adopt the resolution.
Motion carried by unanimous vote.
12. STAFF REPORTS
12.1 Update on Bid Results for El Toyon Park Improvements (CIP No. 22-26)
Director of Engineering/Public Works Steve Manganiello presented the item.
One public comment was received from AJ Estrada.
Recommendation: Accept and file the staff report.
No vote.
12.2 Update on the Use of American Rescue Plan Act (ARPA) Funds
Director of Engineering/Public Works Steve Manganiello provided a PowerPoint
presentation.
Virtual Public Comment received from Janice Reynoso.
In -person comment:
Eddie Perez
Ed Nieto
Randi Castle Salgado
Recommendation: Provide Feedback and Direction on Priorities for Expenditure of
Remaining ARPA Funds.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina
to move forward with Option 4 — Prefabricated or portable facilities for showers,
restrooms, locker rooms and changing areas.
Motion approved by unanimous vote.
13. CITY MANAGER'S REPORT
City Manager Ben Martinez announced the deadline to apply for FEMA assistance and
spoke to staffs attendance at the 4th Annual Cruising Community Policing Conference
In -person public comment received from Aida Castaneda.
City Council of Policy #104 requires the City Council Meeting to be adjourned no later than 10:30
p.m. unless extended by Council vote. At 10:30 p.m. Mayor Morrison asked the City Council to
consider extending the meeting to complete the remaining items. Motion by Councilmember
Molina and seconded by Councilmember Bush. Motion carried by unanimous vote.
14. ELECTED OFFICIALS REPORT
14.1 POLICY 105 REQUEST - Local Agency Formation Commission Informational
Presentation - Requested by Councilmember Bush
Councilmember Bush introduced the item.
In -person public comment received from Eddie Perez.
Virtual Public comment received from Sharon Cloward.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina
to invite LAFCO, the State Lands Commission, and the Port of San Diego to
participate in a City Council meeting occurring in May to discuss the Municipal
Service Agreement.
Substitute Motion by Mayor Morrison for the City to postpone the item until LAFCO
received indication that they have jurisdiction, seconded by Vice -Mayor Yamane.
After further discussion, Vice -Mayor Yamane withdrew her second.
Substitute motion failed due to lack of a second.
Original motion.
Ayes: Bush, Molina
Nays: Rodriguez, Yamane, Morrison
Motion failed by 3-2 vote.
14.2 POLICY 105 REQUEST - Support of AB 2783 - Requested by Councilmember
Bush
Councilmember Bush introduced the item.
In -person comment:
Jennifer Blackhall
Edward Nieto
Eddie Perez
Kyle Heiskala
Ansermio Estrada
Bridget Browning
Virtual Comment:
Janice Reynoso
Sharon Cloward
Sophie Silvestri
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina
to place the item on the agenda for a Special City Council meeting before April
24, 2024.
Ayes: Bush, Molina
Nays: Rodriguez, Yamane, Morrison
Motion failed by 3-2 vote.
Closing remarks were provided by members of the City Council.
15. CITY ATTORNEY REPORT
No report.
16. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National
City, on Tuesday, May 7, 2024, 6:00 p.m. in the Council Chamber, located in City Hall,
1243 National City Boulevard, National City, California.
The meeting adjourned at 11:36 p.m.
Tonyussain, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of May 7, 2024.
Morrison, Mayor