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REGULAR MEETING MINUTES OF THE CITY COUNCIL
December 3, 2024, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane
Mayor Morrison
Others Present: Ben Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Bruce Foltz, Director of Finance
Danielle Ghio, City Librarian
Brian Hadley, Deputy City Manager
Derek Aydelotte, Police Captain
Lydia Hernandez, Director of Human Resources
Tonya Hussain, Deputy City Clerk
Steve Manganiello, Director of Engineering & Public Works
Evelyn Molina, Executive Secretary
Sergio Mora, Fire Chief
Martin Reeder, Assistant Director of Community Development
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at
6:08 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 Carlos Diaz and Luisa Diaz de Leon.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Yamane led the Pledge of Allegiance.
4. INVOCATION
None.
Item taken out of order.
7. PRESENTATION (Limited to Five (5) Minutes each)
7.1 Presentation of 2025 Storm Water Calendar
Executive Secretary Evelyn Molina presented the item. Mayor Morrison presented
the winners with certificates.
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.
Councilmember Bush left the dais at 6:31 p.m. and returned at 6:35 p.m.
Virtual Comment:
Peggy Walker
Terri-Ann Skelly
Megan Stuart
Becky Rapp
Armando Sepulveda
Barbara Gordon
In-person comment:
Roseann Jasso Rodriguez
Jassa Dominguez
Bryan Angel Rodriguez
Dukie Valderama
Bill Nosal
Maui Garcia
Sherry Gogue
Ed Nieto
Brian Clapper
America Donatto
Melissa Aragon
Truth
Ron Powell
Sandy Scheller
Luisa McCarthy
Micaela Polaneo
Edan Lazarus
Written comment:
Mary Badiner
Paul Wapnowski
6. PROCLAMATIONS AND RECOGNITION
6.1 Introduction of New City Employees
City Librarian Danielle Gio introduced new department staff. Director of Engineering &
Public Works Steve Manganiello provided background information on new department
staff who were unable to attend.
8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes
each)
Councilmember Rodriguez had nothing to report.
Councilmember Molina provided an update on the SANDAG Board of Directors Meeting.
Vice-Mayor Yamane provided an update on the San Diego County Water Authority's Vote
Entitlement Resolution for 2025.
Mayor Morrison spoke to the business of the Sweetwater Authority and his planned
attendance at the Conference of the Association of California Water Agencies in addition
to upcoming community meetings.
Councilmember Bush provided an update on his recent attendance at the High Ambition
Climate Collective Workshop. He further spoke to the San Diego County Air Pollution
Control Board and the sewage crisis.
9. INTERVIEWS AND APPOINTMENTS
9.1 Appointments: City Boards, Commissions and Committees — City Council
Appointment to the Port Commission.
Mayor Morrison introduced Port Commissioner GilAnthony Ungab who addressed
the Council.
In-person comment:
Randi Castle-Salgado
Truth
Ed Nieto
Liliana Armenta
Debbie Discar-Espe
Audie de Castro
Written comment:
Debbie Discar-Espe
Paul Wapnowski
Ted Godshalk
Recommendation: City Council Reappoint Incumbent GilAnthony Ungab as Port
Commissioner for a 4-Year Term as provided in City Council Policy No. 107.
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to
reappoint Port Commissioner Ungab for a 4-year term.
Motion carried by unanimous vote.
10. CONSENT CALENDAR
Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve Consent
Calendar Items with the exception of 10.4 pulled by Vice-Mayor Yamane, and items 10.3,
10.6, 10.11, 10.21, and 10.22 pulled for discussion.
ACTION: 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 Approval of City Council Meeting Minutes.
Approve and File.
Motion carried by unanimous vote.
Item pulled for discussion.
10.3 Acceptance of the Department of Alcoholic Beverage Control Award of $40,000
to the National City Police Department to Perform Operations Sponsored by the
Department of Alcoholic Beverage Control's Minor Decoy/Shoulder Tap Grant
Project.
Adopted Resolution No. 2024-155.
Adopt the Resolution Entitled, "Resolution of the City of National City, California,
Authorizing the Acceptance of the Department of Alcoholic Beverage Control's
Minor Decoy/Shoulder Tap Grant Project Funds in the Amount of$40,000, Funded
by the California Office of Traffic Safety through the National Highway Traffic
Safety Administration, and Authorizing the Establishment of a Fiscal Year 2025
Appropriation and Corresponding Revenue Budget in the Amount of$40,000."
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to
adopt the resolution.
Motion carried by unanimous vote.
Item pulled for discussion
10.4 Second Amendment to the Maintenance and Operating Agreement Between the
City of National City and A Reason to Survive (ARTS)
Adopted Resolution No. 2024-156.
Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of
the City of National City, California, Authorizing the Mayor to Enter into the Second
Amendment to the Agreement Between the City of National City ("CITY") and A
Reason to Survive ("ARTS") for the Maintenance and Operation of the Arts Center
Located at 200 East 12th Street in National City."
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to
extend the contract and have the item return at the February 18, 2025 City Council
meeting.
Councilmember Rodriguez left the dais at 7:49 p.m. and returned at 7:53 p.m.
Motion carried by 4-0 vote.
Ayes: Bush, Molina, Yamane, Morrison
Absent: Rodriguez
10.5 Amendments to On-Call Consultant Agreements for City's Capital Improvement
Program (CIP)
Adopted Resolution No. 2024-157.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, Authorizing the Mayor to Execute 1) Third Amendments to the
Agreements with a)Anser Advisory, b) HDR Engineering, Inc., c) Kimley-Horn and
Associates, Inc., d) NV5, Inc., e) WSP USA Inc., and f) STC Traffic, Inc. to Extend
the Agreements by One Year; 2) Third Amendments to the Agreements with a)
Innovative Construction Consulting Services, LLC and b) KTU&A to Extend the
Agreements by One Year and Increase the Not-to-Exceed Amounts by$1,000,000
Each; and 3) Fourth Amendments to the Agreements with a) Chen Ryan
Associates, Inc. and b) Project Professionals Corporation to Extend the
Agreements by One year and Increase the Not-to-Exceed Amounts by$1,000,000
Each."
Motion carried by unanimous vote.
Item pulled for discussion
10.6 Extension of Agreement with EXOS Community Services LLC (EXOS) for Las
Palmas Pool Operations.
Adopted Resolution No. 2024-158.
In-person public comment:
Yolanda Contreras
Michale Mcgraby
Recommendation: Adopt The Resolution Entitled: "Resolution of the City Council
of the City of National City, California, Authorizing the Mayor to Execute the
Amendment to the Agreement Between the City of National City ("City") and EXOS
Community Services, LLC, ("EXOS") to Extend the Agreement for Two (2) Years
for the Operation of Las Palmas Pool, Located at 1800 East 22nd Street, National
City, California."
ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Yamane to
adopt the resolution and for staff to return in six months with a report on bringing
services in-house and other possible programs.
Motion carried by unanimous vote.
10.7 Approval of the Local Appointments List— Maddy Act Requirement
Approve the Local Appointments List for 2025 and Authorize the City Clerk to post
the list at City Hall and Post End of Term Vacancies on the City Website.
Motion carried by unanimous vote.
10.8 Resolution to the City Council of the City of National City Approving the Adoption
of a Side Letter Agreement Between the City of National Municipal Employees
Association (MEA) Exclusively Represented by SEIU and Approving the MEA
Salary Schedule.
Adopted Resolution No. 2024-159.
Adopt the Resolution Entitled, "Resolution of the City Council of the City of National
City, California, Authorizing the City Manager to Execute a Side Letter Agreement
Between the City of National City and the National City Municipal Employees'
Association, Represented by Service Employees' International Union Local 221,
Extending the Memorandum of Understanding Between the Parties through June
30, 2025, and Increasing the Salaries of Covered Employees; Amending the
NCMEA Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and
Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the
Amount of$383,685 to Fund the Salaries."
Motion carried by unanimous vote.
10.9 Approval of a Side Letter Agreement Between the City of National City and the
National City Fire Firefighters Association (FFA) and Approving the FFA Salary
Schedule.
Adopted Resolution No. 2024-160.
Adopt the Resolution Entitled: "Resolution of the City Council of the City of National
City, California, Authorizing the City Manager to Execute a Side Letter Agreement
Between the City of National City and the National City Firefighters' Association
Extending the Memorandum of Understanding Between the Parties through June
30, 2025, and Increasing the Salaries of Covered Employees; Amending the FFA
Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and
Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the
Amount of$224,925 in the General Fund to Fund the Stated Salaries."
Motion carried by unanimous vote.
10.10 Amendment to the Salary Schedule for the Unrepresented Confidential
Employee Group.
Adopted Resolution No. 2024-161.
Adopt the Resolution Entitled: "Resolution of the City Council of the City of National
City, California, Amending the National City Confidential Positions Salary
Schedule to Reflect a Six Percent Increase in Base Salaries, and Authorizing the
Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of
$42,061 to Fund the Stated Salaries."
Motion carried by unanimous vote.
Item pulled for discussion.
10.11 Authorize the Purchase of a Camera Van for the Engineering & Public Works
Street and Wastewater Division
Public comment received by Thomas Rike.
Adopted Resolution No. 2024-162.
Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of
the City of National City, California, 1) Waiving the Formal Bid Process Pursuant
to National City Municipal Code Section 2.60.260 Regarding Cooperative
Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #
120721-EVS with Haaker Equipment Company for the Purchase of a 2024 or
Newer E-Ford Transit Van RovverX CCTV Pipe Inspection System with Build Out
in a Not-to-Exceed Amount of $296,007.71 for the Public Works Street and
Wastewater Division; and 2)Authorizing the City Manager to Approve Adjustments
of up to $29,600 to the Not-To-Exceed Amount for the Purchase as a 10%
Contingency for Unforeseen Fluctuations in Pricing."
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember
Rodriguez.
Motion carried by unanimous vote.
10.12 Purchase and Sale Agreement for the Purchase of Property on N Avenue.
Adopted Resolution No. 2024-163.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, Authorizing the City Manager to Execute the Purchase and Sale
Agreement and Accept the Grant Deed from Walter Morawa and Louise Morawa
Joint Living Trust for the Purchase of a Portion of Parcel APN 557-250-38 that
Fronts"N" Avenue, Just South of E. 9th Street to Construct Pedestrian and Bicycle
Improvements."
Motion carried by unanimous vote.
10.13 Notice of Decision — Planning Commission Approval of a Conditional Use Permit
(CUP) Addition of Live Entertainment & Expansion of Approved Operating Hours
for Beer & Wine Sales at an Existing Restaurant (Mariscos El Tiburon) Located
at 543 Highland Avenue
Staff Recommends Approval of the Request for Live Entertainment and Extended
Operating Hours, Subject to the Recommended Conditions in the Attached
Planning Commission Resolution No. 2024-19, and a Determination that the
Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are
Conditionally-Allowed Uses in the Minor Mixed-Use Corridor Zone and Would be
Accessory to Food Sales at the Restaurant.
Motion carried by unanimous vote.
10.14 Ratification of a Subordination Agreement for an Affordable Housing Density
Bonus Development Located at 1924 Harding Street.
Adopted Resolution No. 2024-164.
Approve the Resolution Entitled, "Resolution of the City Council of the City of
National City, California Ratifying a Subordination Agreement with Clara Futura
Investments, LLC, a California Limited Liability Company, and U.S. Bank National
Association, Subordinating the Deed of Trust Securing the Performance of an
Affordable Housing Density Bonus Agreement Entered into on October 5, 2021
that Restricts One Housing Unit at 1924 Harding Street in National City."
Motion carried by unanimous vote.
10.15 Ratification of a Subordination Agreement for an Affordable Housing Density
Bonus Development Located at 2039 E 8th Street.
Adopted Resolution No. 2024-165.
Approve the Resolution Entitled, "Resolution of the City Council of the City of
National City, California Ratifying a Subordination Agreement with Talas, LLC, a
California Limited Liability Company, and Endeavor Bank, Subordinating the Deed
of Trust Securing the Performance of an Affordable Housing Density Bonus
Agreement Entered into On August 6, 2024 that Restricts Three Housing Units At
2039 E 8th Street In National City."
Motion carried by unanimous vote.
10.16 Redevelopment Obligations Payment Schedule for Fiscal Year 2025-26 (ROPS
25-26) and Associated Administrative Budget (SUCCESSOR AGENCY)
Adopted Resolution No. 2024-117.
Adopt the Resolution Entitled, "Resolution of the Successor Agency to the
Community Development Commission as the National City Redevelopment
Agency, Approving the Recognized Obligation Payment Schedule (ROPS) for the
Period July 1, 2025, through June 30, 2026 (ROPS 25-26) with Expenditures
Totaling $4,128,681, Approving the Associated Administrative Budget of $67,654,
and Approving the Submittal of both to the County of San Diego Countywide
Redevelopment Successor Agency Oversight Board."
Motion carried by unanimous vote.
10.17 Request to Install Red Curb "No Parking" at the Intersection of Harbison Avenue
and E. 6th Street to Improve Visibility at the Intersection.
Adopted Resolution No. 2024-166.
Authorizing the Installation of Red Curb "No Parking" at the Intersection of
Harbison Avenue and E. 6th Street to Improve Visibility at the Intersection."
Motion carried by unanimous vote.
10.18 Request to Install Two (2) Parallel "30-Minute" Parking Spaces in Front of V&P
Wholesale Warehouse Located at 108 W. 18th Street to Increase Parking
Turnover for Customers
Adopted Resolution No. 2024-167.
Adopt a Resolution entitled, "Resolution of the City Council of the City of National
City, California, Authorizing the Installation of Two Parallel "30-Minute" Parking
Spaces in Front of V&P Wholesale Warehouse Located at 108 W. 18th Street to
Increase Parking Turnover for Customers."
Motion carried by unanimous vote.
10.19 Resolution of the City Council of the City of National City Acknowledging Receipt
of a California Coastal Commission Resolution of Certification of the City's Local
Coastal Plan Amendment Related to the Balanced Plan, Including Suggested
Modifications.
Adopted Resolution No. 2024-168.
Adopt the Resolution.
Motion carried by unanimous vote.
10.20 Temporary Use Permit —The 16th Annual San Diego Granfondo Bike Ride
Sponsored by Life Sports Foundation on April 6, 2025, 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 or in Accordance to City Council
Policy 802.
Motion carried by unanimous vote.
Councilmember Bush left the dais at 8:03 p.m. and returned at 8:06 p.m.
Item pulled for discussion.
10.21 Warrant Register#17 for the Period of 10/18/24 through 10/24/24 in the Amount
of $5,763,144.78
Public comment received from Thomas Rike and Truth.
Recommendation: Ratify Warrants Totaling $5,763,144.78
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez
to ratify the warrants.
Motion carried by unanimous vote.
Item pulled for discussion.
10.22 Warrant Register#18 for the Period of 10/25/24 through 10/31/24 in the Amount
of $2,153,037.03
Public comment received from Thomas Rike.
Recommendation: Ratify Warrants Totaling $2,153,037.03
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez
to ratify the warrants.
Motion carried by unanimous vote.
11. CONTINUED PUBLIC HEARING
11.1 Second Reading and Adoption of the Ordinance Establishing Speed Limits
Based on Engineering and Traffic Surveys
Adopted Ordinance No. 2024-2536.
Mayor Morrison declared the Public Hearing open at 8:10 p.m.
There were no public comments.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to
close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:10 p.m.
Recommendation: Adopt an Ordinance entitled, "Ordinance of the City Council of
the City of National City, California, Establishing Speed Limits on Portions of
Sweetwater Road Based on Engineering and Traffic Surveys and Authorizing the
Director of Public Works to Post Speed Limit Signs Consistent with the
Recommendations of the Engineering and Traffic Surveys."
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to
adopt the Ordinance.
Motion carried by unanimous vote.
12. STAFF REPORTS
12.1 Update on the Establishment of a Short-Term Rental Ordinance.
Assistant Director of Development Services Martin Reeder provided a PowerPoint
presentation.
Recommendation: File the Report and Provide Input on the Creation of a Short-
Term Rental Ordinance.
Staff to return with more information and data on short-term rentals and for further
discussion at a Council meeting in February 2025.
13. CITY MANAGER'S REPORT
None.
14. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.
14.1 Discussion and Possible Action of the City Council of a Censure of Councilmember
Jose Rodriguez.
Mayor Morrison introduced the item.
In-person public comment:
Lorenzo Magats
Randi Castle-Salgado
Truth
Hilda Gama
Ed Nieto
Alfredo Andalon
Sherry Gogue
Angelica Guillen
Liliana Armenta
Julianna Vonessen
Sylvia Garner
Hilda Gama
Jenny Bello
Councilmember Molina left the dais at 9:27 p.m. and returned at 9:29 p.m.
Janet Cervantes
Joan Rincon
Adriana Huerta
Monica Rovelo
David Jimenez
Michael Rios
Zarlo Vazquez Melandez
Mary Davis
Fermin Jimenez
Submitted a Speaker's Slip, but did not wish to speak
Manuel Andrade
Gabby Tadwell
Monica Flores
Maria Majas
Cathy Florentino
Debra Gonzalez
Written comment received from Paul Wapnowski and Ted Godshalk.
Councilmember Bush left the dais at 10:38 p.m. and returned at 10:39 p.m.
At 10:45 p.m., Councilmember Molina reminded the City Council of Policy#104 that requires the
City Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote.
Mayor Morrison asked the City Council to consider extending the meeting for an additional 30
minutes.
ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush
to continue the meeting beyond 10:30 p.m.
Motion carried by unanimous vote.
ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to
proceed with the Censure per the items listed on the staff report and direct the City
Attorney's Office to put the censure in the form of a letter.
Substitute motion by Councilmember Bush, seconded by Mayor Morrison to move
forward with the Censure for violation of code, ethics, and conflict as noted below:
1. Conflict of Interest and Questionable Agreements:
• Councilmember had the City enter into two agreements with a business
owner who previously managed their political campaign and currently
serves as a political party president in National City.
• The first agreement lacked an audit or verification of the completion of
the stated scope of work, raising concerns about transparency and
accountability in public spending.
• Relevant Code policies: #1 Use of Office, #4 Positive Work Place
Environment, #10 Use of Public Resources
2. Misuse of Public Funds:
• Councilmember used City funds to distribute frozen turkeys during a
public event. This activity, while appearing philanthropic, bypassed
established practices such as seeking donations or utilizing personal
funds, which would have been more appropriate and ethical. In addition,
Councilmember Rodriguez also individually distributed the leftover
turkeys to people's houses. No formal verification or accounting was done
by the City staff to determine what was left over.
• Relevant Code policies: #1 Use of Office, #4 Positive Work Place
Environment, #10 Use of Public Resources
3. Intimidation and Inappropriate Rhetoric:
• Councilmember used threatening and inflammatory rhetoric to disparage
a resident who supported a different political figure during the recent
election cycle. This behavior undermines the principles of respect,
fairness, and impartiality expected of public officials.
• Relevant Code policies: #1 Use of Office, #2 Conduct, #3 Role Models,
#4 Positive Work Place Environment, #11 Advocacy
4. Improper Use of City Resources:
• Councilmember has been utilizing the City Manager's office to unilaterally
approve actions that circumvent established ethical guidelines and best
practices in City operations. This misuse of authority compromises the
integrity of the City's administrative processes.
• Relevant Code policies: #1 Use of Office, #2 Conduct, #3 Role Models,
#4 Positive Work Place Environment, #10 Use of Public Resources
Motion carried by 3-2 vote.
Ayes: Bush, Molina, Morrison
Nays: Rodriguez, Yamane
Councilmember Bush left the dais at 11:12 p.m. and returned at 11:15 p.m.
Closing remarks were provided by members of the City Council.
15. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who announced the following on Closed
Session agenda items 5.1, 5.2, and 5.3.
No reportable actions.
5.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:
Municipal Employees' Association (SEIU, Local 221),
National Firefighters Association (Local 2744), and
Police Officers Association (POA)
Agency Designated Representatives:
Steven Berliner (Labor Negotiator)
Benjamin A. Martinez (City Manager)
Brian Hadley (Deputy City Manager)
Bruce Foltz (Finance Director)
Paul Valadez (Budget Manager- Finance)
Lydia Hernandez (Human Resources Director)
5.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Roberto Umana v City of National City. et al.
U.S. District Court
Case Number: 3:22-cv-01657-GPC-AGS
5.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be reviewed: City Manager
16. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National
City, Tuesday, January 21, 2025 at 6:00 p.m. in the Council Chamber, located in City Hall,
1243 National City Boulevard, National City, California.
The meeting adjourned at 11:22 p.m.
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Tonya ssain, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of January 21, 2025.
n Morrison, Mayor