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HomeMy WebLinkAbout2024 05-07 CC MINPresent: Others Present: REGULAR MEETING MINUTES OF THE CITY COUNCIL May 7, 2024, 6:00 p.m. City Council Chamber -1243 National City Boulevard National City, CA Councilmember Bush Councilmember Molina Councilmember Rodriguez Vice -Mayor Yamane Mayor Morrison Benjamin A. Martinez, City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk Carlos Aguirre, Director of Community Development Brian Hadley, Deputy City Manager Alex Hernandez, Chief of Police Tonya Hussain, Deputy City Clerk Martha Juarez, Assistant Director of Engineering/Public Works Sergio Mora, Fire Chief 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:04 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. 2. ROLL CALL Councilmembers present: Bush (6:11 p.m. arrival), Molina, Rodriguez, Yamane, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Rodriguez led the Pledge of Allegiance. 4. INVOCATION Invocation delivered by Pastor Duenas, President of the National City Clergy Association. 5. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel. Ten (10) speakers provided in -person comment and four (4) people provided virtual comment. In -person public comment: Jack Shu Susan Meyer Eddie Perez Vanessa Quezada JoAnne Fields Edward Nieto Ted Godshalk Juan Antonio Vasquez Eriq Vargas Raul Del Toro Public comment via Zoom: Terri -Ann Skelly Becky Rapp Barbara Gordon Jacqueline Marquez Councilmember Bush left the dais at 6:17 p.m. and returned at 6:17 p.m. 6. PROCLAMATIONS AND RECOGNITION 6.1 Proclamation - Professional Municipal Clerks Week - May 5-11, 2024 Mayor Morrison introduced City Clerk Shelley Chapel who accepted the Proclamation with Deputy City Clerk Tonya Hussain. 6.2 Proclamation - Asian Pacific American Heritage Month - May 2024 Mayor Morrison introduced the Proclamation. The Proclamation was received by JoAnne Fields and a National City Resident. 6.3 Proclamation - National Law Enforcement Appreciation Month - May 2024 Mayor Morrison introduced the Proclamation. Police Chief Alex Hernandez was joined by National City Police Officers in acceptance of the Proclamation. 6.4 Proclamation - South West Lodge No. 283 Day Mayor Morrison introduced the Proclamation. The Proclamation was accepted by members of South West Lodge No. 283. 6.5 Introduction of New City Employees Fire Chief Sergio Mora introduced Battalion Chief Jay Stiles who introduced new employee Irving Carillo Hernandez. Police Chief Alex Hernandez introduced new employees Rudy Sandoval and Erika Navarro. 7. PRESENTATION (Limited to Five (5) Minutes eachl None. 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 Bush to appoint Amelito Gozum 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 an upcoming SANDAG meeting. Councilmember Bush spoke to his attendance at the American Public Transit Association Annual Conference Councilmember Bush left the dais at 7:07 p.m. and returned at 7:08 p.m. Councilmember Molina provided an update on SANDAG and announced the "Bike Anywhere Day" event scheduled to occur on Thursday, May 16, 2024. Vice -Mayor Yamane spoke to Strategic Plan Workshop on Budget Studies. Mayor Morrison provided an update on Sweetwater Authority. ITEM TAKEN OUT OF ORDER 12.4 Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107. City Manager Ben Martinez introduced the item. In -person comment Sandy Naranjo Kelsey Genesi Bertha Rodriguez Eddie Perez Josephine Talamantez Meli Morales Alicia Nichols -Gonzalez Edward Nieto Geoffrey Schrock Ricardo Pulido Jesse Marquez Janice Luna Reynoso Anthony Avalos Written Comment Coalition for a Safe Environment Rita Clement Zoe Luiz Recommendation: Not Applicable. This appointee is approved by the City Council. ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina for Sandy Naranjo to remain Port Commissioner. Substitute motion by Vice -Mayor Yamane, seconded by Councilmember Rodriguez to remove Sandy Naranjo as Port Commissioner. Friendly amendment by Councilmember Bush to accept Sandy Naranjo's proposal to the Port of San Diego to resign if the Port of San Diego would fully fund the Balanced Plan, renegotiate the MSA, and issue an apology letter. Substitute Motion carried by 3-2 vote. Ayes: Rodriguez, Yamane, Morrison Nays: Bush, Molina Mayor Morrison called for a recess at 8:46 p.m. Meeting reconvened at 9:03 p.m. with all members present. 10. CONSENT CALENDAR ACTION: Motion by Councilmember Rodriguez, seconded by Vice -Mayor Yamane to approve Consent Agenda items 10.1 through 10.7, and 10.9 through 10.11 with Item 10.8 pulled for public comment. Motion carried by unanimous vote. 10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda Motion carried by unanimous vote. 10.2 Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central Community Mobility Enhancements Project, CIP No. 19-23. Adopted Resolution No. 2024-33. Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Authorizing the Establishment of an Appropriation of $1,095,000 and a Corresponding Revenue Budget for the Construction Phase of the Central Community Mobility Enhancements Project, CIP 19-23, Reimbursable through the State Active Transportation Program approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $442,000." Motion carried by unanimous vote. 10.3 Agreements with Fozi Dwork and Modafferi, LLP and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation. Adopted Resolution No. 2024-34. Adopt the Resolution Entitled "Resolution of the City Council of the City of National City, California, Authorizing Agreements with the Law Firms of Fozi Dwork and Modafferi, LLP, and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation." Motion carried by unanimous vote. 10.4 Agreement with MDG Associates, LLC, for the HUD Five -Year Consolidated Plan and Related Documents Adopted Resolution No. 2024-35. Adopt the Resolution Entitled "Resolution of the City Council of the City of National City, California, Authorizing an Agreement with MDG Associates, LLC, for the Development of the Consolidated Plan and Related Documents for Fiscal Years (FY) 2025-2029 in a Not -to -Exceed Amount of $85,000 from FY 2024 and FY 2025 HUD Entitlement Grant Administration Funds." 10.5 Approval of City Council Meeting Minutes Approve and File. Motion carried by unanimous vote. Motion carried by unanimous vote. 10.6 Biennial Review and Adoption of Resolution Amending the National City Conflict of Interest Code. Adopted Resolution No. 2024-36. Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City Adopting the Amended City Conflict of Interest Code which Incorporates by Reference the Fair Political Practices Commission's (FPPC) Standard Model of Conflict of Interest Code, Repealing Resolution No. 2022-128." Motion carried by unanimous vote. 10.7 City Council 2024 Legislative Recess and Notification of Cancelled Meeting for November 5, 2024, Election Day Recommendation: Provide Direction to Staff on observing a Legislative Recess, which is Historically taken in the Month of July. In Addition, Direct the City Clerk to Notice the Cancelled Meeting for Tuesday, November 5, 2024, Election Day, as Allowed by National City Municipal Code (NCMC) 2.04.020, and City Council Policy No. 104 (III)(H), and (K). Motion carried by unanimous vote. Item pulled for public comment. 10.8 Consent for the Housing Authority of the County of San Diego to Administer 24 HUD-VASH Project Based Vouchers for the Union Tower Affordable Housing Development Adopted Resolution No. 2024-91. Public comment received from Thomas Rike. Recommendation: Adopt the Resolution Entitled "Resolution of the Community Development Commission -Housing Authority of the City of National City, California, Consenting to the Housing Authority of the County of San Diego Administering 24 HUD-VASH Project -Based Vouchers for the Union Tower Affordable Housing Development Project at 2312 "F" Avenue in National City." ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush to adopt the resolution. Motion carried by unanimous vote. 10.9 Grant Agreement with the County of San Diego Health Human Services Agency for Reimbursement to the City of National City for Homelessness Outreach. Adopted Resolution No. 2024-37. Recommendation: Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing a Subrecipient Grant Agreement with the County of San Diego Health Human Services Agency Funded by the California Interagency Council on Homelessness Encampment Resolution Funding Program to Provide Reimbursement for Homelessness Outreach and Establishing an Appropriation and Corresponding Revenue Budget of $110,332.72." Motion carried by unanimous vote. 10.10 Investment Transactions for the Month Ended January 31, 2024. Accept and File the Investment Transaction Ledger for the Month Ended January 31, 2024. Motion carried by unanimous vote. 10.11 Investment Transactions for the Month Ended February 29, 2024. Accept and File the Investment Transaction Ledger for the Month Ended February 29, 2024. Motion carried by unanimous vote. 11. PUBLIC HEARING 11.1 Adoption of an Ordinance amending Section 9.07 (Food Caterers and Catering Equipment Rentals) of the National City Municipal Code. Adopted Ordinance No. 2024-2530 Mayor Morrison declared the Public Hearing open at 9:09 p.m. In -person public comment: Leah Gutierrez Erika Burboa ACTION: Motion by Vice -Mayor Yamane, seconded by Councilmember Rodriguez to close the Public Hearing. Motion carried by unanimous vote. Public Hearing closed at 9:11 p.m. Recommendation: Adopt the Ordinance. ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Molina to adopt the Ordinance. Motion carried by unanimous vote. 11.2 Ordinance for Adoption — Discharge of Fats, Oils, and Grease (FOG) to the Municipal Sewer System. Adopted Ordinance No. 2024-2531 Item was introduced by Assistant Director of Engineering/Public Works Martha Juarez. Mayor Morrison declared the Public Hearing open at 9:14 p.m.. Public comment was received from Thomas Rike. ACTION: Motion by Vice -Mayor Yamane, seconded by Councilmember Molina to close the Public Hearing. Motion carried by unanimous vote. Public Hearing closed at 9:18 p.m. Recommendation: Adopt Ordinance, 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 Councilmember Molina, seconded by Vice -Mayor Yamane to adopt the Ordinance. Motion carried by unanimous vote. 11.3 Public Hearing No. 2 of 2 and Adoption of HUD 2024-2025 Action Plan and Allocation of Funds to CDBG and HOME Activities. Adopted Resolution No. 2024-38 Mayor Morrison declared the Public Hearing open 9:20 p.m. No public comments were received. ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to close the Public Hearing. Motion carried by unanimous vote. The Public Hearing closed at 9:21 p.m. Recommendation: Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California Adopting the U.S Department of Housing and Urban Development (HUD) 2024-2025 Annual Action Plan and Approving the Allocation of 2024-2025 HUD Entitlement Grant Funds and Program Income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program Activities Proposed in the 2024-2025 Annual Action Plan." ACTION: Motion by Councilmember Molina, seconded by Vice -Mayor Yamane to adopt the resolution. Motion carried by unanimous vote. ITEM CONTINUED TO A FUTURE COUNCIL MEETING 11.4 Zoning Map Amendment to Implement the Focused General Plan Update. Introduce the Ordinance by First Reading, Entitled, "An Ordinance of the City Council of the City of National City, California, Adopting an Amendment to the City of National City Zoning Map to Implement the Focused General Plan Update." 12. STAFF REPORTS Councilmember Rodriguez left the dais at 9:22 p.m. and returned at 9:25 p.m. 12.1 Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza Blvd. Assistant Director of Engineering/Public Works Martha Juarez presented the item. Recommendation: Initiate the Street Vacation. ACTION: Motion by Councilmember Molina, seconded by Mayor Morrison to initiate the street vacation. Motion carried by unanimous vote. 12.2 Update on El Toyon Park Improvements Bid Process (CIP No. 22-26) Assistant Director of Engineering/Public Works Martha Juarez presented the item. In -Person Public Comment: Matthew Gonzalez AJ Estrada Sean Ellis Cori Schumacher Recommendation: Provide direction to staff on whether to readvertise the project as a PLA covered contract or non-PLA contract. ACTION: Motion by Mayor Morrison, seconded by Councilmember Rodriguez to readvertise the project as a PLA covered contract. Motion carried by unanimous vote. 12.3 Discussion and Possible Adoption of Revised Proposed City Councilmember Budget Policy. Item presented by City Attorney Schultz. Recommendation: Review Revised Policy, Make Modifications, and Potential Adoption of Revised Proposed Policy. No vote. City Council concluded that the Ad Hoc Committee would discuss the item further and would return with recommendations at the June 4, 2024 City Council meeting. ITEM CONTINUED TO THE MAY 21, 2024 CITY COUNCIL MEETING 12.5 Notice of and Calling for the Holding of a General Municipal Election, and Request for Consolidation with the Statewide General Municipal Election Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Providing Notice of and Calling for the Holding of a General Municipal Election for the Purpose of the Election of Certain Elected Officials and for the Submission to the Voters a Question Relating to a Citizen Initiative Regarding a Special Parcel Tax for Streets and Parks, and Requesting the San Diego County Board of Supervisors to Consolidate the Municipal Election with the Statewide General Municipal Election on Tuesday, November 5, 2024, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities." ITEM CONTINUED TO THE MAY 21, 2024 CITY COUNCIL MEETING 12.6 Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates' Statements for the Tuesday, November 5, 2024, Election. Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements of Qualifications to be Submitted to the Voters at a Statewide General Municipal Election to be held on Tuesday, November 5, 2024." ITEM CONTINUED TO THE MAY 21, 2024 CITY COUNCIL MEETING 12.7 Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie Vote Adopt the Resolution Entitled, "A Resolution of the City Council of the City of National City, California, Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election." Written Public Comment was received and will be included when the item returns at a future meeting. 13. CITY MANAGER'S REPORT No report. 14. ELECTED OFFICIALS REPORT Closing remarks were provided by members of the City Council. 14.1 POLICY 105 REQUEST - Support California Senate Bill 915 (Dave Cortese) - Requested by Councilmember Rodriguez ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to add the item to the June 4, 2024 City Council meeting agenda. 15. CITY ATTORNEY REPORT CLOSED SESSION Mayor Morrison introduced City Attorney Schultz who announced that there was no reportable action on the Closed Session item. 5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS Government Code Section 54956.9 Property: Block Bounded by West 23rd St., Bay Marina Dr., & Cleveland Ave. APN Nos.: 559-117-04,05,06,07 and 12; and 559-118-02 Agency Negotiation: City of National City Negotiating Parties: City Manager Martinez, City Attorney Schultz, Special Counsel Ralph Hicks, and Hotel Investment Group Inc. Under Negotiation: Instruction to Negotiate Councilmember Molina left the dais at 10:29 p.m. and returned at 10:31 p.m. 16. ADJOURNMENT Mayor Morrison adjourned the meeting to the Regular Meeting of the City Council of the City of National City on Tuesday, May 21, 2024, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 10:33 p.m. 77j Tony ussain, Deputy City Clerk The foregoing minutes were approved at tl�gular Meeting of May 21, 2024. Rlva'Morrison, Mayor