Present:
Others Present:
REGULAR MEETING MINUTES OF THE CITY COUNCIL
December 6, 2022, 6:00 pm.
City Council Chamber - 1243 National City Boulevard
National City, CA
May‘o‘r‘Sotelo-Solis
Vice—Mayor Bush (arrived at 7:03 pm.)
Couhcilmember Rodriguez
Councilmember Morrison
Councilmember Rios
Brad Raulston, City Manager
Barry Schultz, Interim City Attorney
Frank Parra, Assistant City Manager
Luz Molina, City Clerk
Mitch Beauchamp, City Treasurer
Shelley Chapel, Deputy City Clerk (via Zoom)
Carlos Aguirre, Director of Housing
Molly Brennan, Administrative Services Director
Pedro Garcia, Economic Development Manager
Ben Martinez, Neighborhood Services Manager
Sergio Mora, Fire Chief
Angelita Palma, Housing Programs Manager
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Armando Vergara, Director of Community Development
Roberto Yano, Director of Public Works and City Engineering
CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:02 pm. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
R0LL CALL
Councilmembers present: Sotelo-Solis, Bush (7:03 pm. arrival), Morrison, Rios, Rodriguez
Elected Officials: Beauchamp, Molina
Administrative Officials present: Raulston, Parra, Schultz, Chapel (via Zoom), Aguirre, Brennan, Garcia, Martinez, Mora, Palma, Ryan, Tellez, Vergara, Yano Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.
PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Sotelo—Solis led the Pledge of Allegiance.
PUBLIC COMMENT
Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Molina.
In—Qerson comment:
Dukie Valderamma
Larry Emerson
Ted Godshalk
Comments received via Zoom:
Peggy Walker
Terri—Ann Skelly
PRESENTATION {Limited to Five (5) Minutes each)
5.1 Introduction of New City Employees
City Manager Brad Raulston introduced new City employees.
REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Mayor Soteio—Solis reported that SANDAG December meetings were cancelled.
Unified Port of San Diego Commissioner Sandy Naranjo reported on the approval of the Environmental Impact Report and Balance Plan.
CONSENT CALENDAR
ACTION: Motion by Councilmember Rios, seconded by Councilmember Rodriguez to approve the Consent Calendar Items 7.1 through 7.15.
Moved by Rios
Seconded by Rodriguez
Motion carried by unanimous vote by members present, Vice-Mayor Bush absent.
7.1 7.2
7.3 7.4
7.5 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote
Approve the Local Appointments List — Maddy Act Requirement Approval of the Local Appointments List for 2023 and Authorize the City Clerk to post the list at City Hall.
Motion carried by unanimous vote
2023 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant
Adopted Resolution No. 2022-187
Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the 2023 Office of Traffic Safety Selective Traffic Enforcement Program Grant and Authorizing the City Manager to Execute the Grant Agreement."
Motion carried by unanimous vote
Development Impact Fees Annual Report Fiscal Year 2021-22 Accept and file the report.
Motion carried by unanimous vote
Redevelopment Obligations Payment Schedule for Fiscal Year 2023—24 (ROPS 23-24) and associated administrative budget (SUCCESSOR AGENCY) Resolution No. 2022 — 113
Adopt the Resolution approving ROPS 23-24 and the associated administrative
7.6 7.7
7.8 7.9
budget and authorizing them to be submitted to the Countywide Redevelopment Successor Agency Oversight Board.
Motion carried by unanimous vote
SANDAG Smart Growth Incentive Program Grant Application for Planning Cycle 5 Funding
Adopted Resolution No. 2022—188
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, ratifying the submission of an application to San Diego Association of Governments (SANDAG) and ratifying an agreement with SANDAG and establishing fund appropriations and a corresponding revenue budget for the Smart Growth Incentive Program (SGIP) funds in the amount of $294,477 for work performed on the Focused General Plan Update general tasks, Community engagement, Land Use Element, Mobility Element, Housing Element, Safety Element, PEIR, Climate Action Plan Update, and Spanish translation services.” Motion carried by unanimous vote
Second Amendment to Agreement with National City Electric Adopted Resolution No. 2022-189
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing the Mayor to approve a Second Amendment to the Agreement with National City Electric increasing the not to-exceed amount by $50,000 for a total Agreement amount of $150,000.”
Motion carried by unanimous vote
Public Agency Retirement Services (PARS) Agreement
Adopted Resolution No. 2022-190
Approve the Resolution named below authorizing the Mayor to sign the agreement.
Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Agreement between the City of National City and Phase II Systems d.b.a. Public Agency Retirement Services, for Comprehensive Trust Administration Services.
Motion carried by unanimous vote
Adopt a Resolution accepting and approving the recordation of a Deed Restriction with the State of California, for El Toyon Park Improvements.
7.10 7.11
7.12 Adopted Resolution No. 2022-191
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) accepting and approving the recordation of a Deed Restriction with the State of California, by and through the California Department of Parks and Recreation, for El Toyon Park Improvements — Prop 68 — SPP Program; and 2) authorizing the City Manager to execute said Deed Restriction.” Motion carried by unanimous vote
Adopt a Resolution accepting and approving the recordation of a Deed Restriction with the State of California, for Kimball Park Playground Improvements.
Adopted Resolution No. 2022-192
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) accepting and approving the recordation of a Deed Restriction with the State of California, by and through the California Department of Parks and Recreation, for Kimball Park Playground Improvements —— Prop 68 — Per Capita Program; and 2) authorizing the City Manager to execute said Deed Restriction.” Motion carried by unanimous vote
Project close—out and Notice of Completion for the National City Boulevard Bikeway Project, CIP No. 19-18
Adopted Resolution No. 2022—193
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the work performed by Eagle Paving, Inc. for the National City Boulevard Bikeway Project, CIP No. 19-18; 2) approving the final contract amount of $714,242.39; 3) ratifying the release of retention in the amount of $35,300.17; and 4) ratifying the signing of the Notice of Completion for the projec
Motion carried by unanimous vote
Accept Bid Received on November 10, 2022, and Award a Contract to SWCS Inc. for the Police Pistol Range HVAC and Safety Improvements CIP No. 20-05.
Adopted Resolution No. 2022—194
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) rejecting bid received on September 8, 2022 for the Police Pistol Range Safety Improvements; 2) accepting bids received on November 10, 2022; 3) awarding a contract to SWCS Inc. in the not—to—exceed amount of $624,111 for
7.13 7.14
7.15 the Police Pistol Range HVAC and Safety Improvements CIP No. 20-05; 4) authorizing a 15% contingency in the amount of $93,617 for any unforeseen changes; and 5) authorizing the Mayor to execute the contrac Motion carried by unanimous vote
Investment Report for the quarter ended September 30, 2022.
Motion carried by unanimous vote
Warrant Register #16 for the period of 10/14/22 through 10/20/22 in the amount of $2,081,927.31
Ratify Warrants Totaling $2,081,927.31
Motion carried by unanimous vote
Warrant Register #17 for the period of 10/21/22 through 10/27/22 in the amount of $1,036,673.44
Ratify Warrants Totaling $1,036,673.44
Motion carried by unanimous vote
PUBLIC HEARING
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.
8.1 Public hearing and Adoption of an Ordinance of the City Council of the City of National City, California, amending Title 9 of the National City Municipal Code by adding Chapter 9.64 pertaining to Mobilehome Park Rent Stabilization.
Adopted Ordinance No. 2022 —~ 2505
Director of Housing Carlos Aguirre presented the item.
Mayor Sotelo-Solis declared the Public Hearing open at 6:29 pm.
In-Person Public Comment:
Sylvia Gardner
Marysol
Francisco
Comment received via Zoom:
Julie Paule
Public Hearing closed at 6:38 pm.
ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios to close the public hearing.
Motion approved unanimously.
Recommendation:
Conduct the public hearing and consider the ordinance for adoption.
ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison to approve staff's recommendation.
Motion approved unanimously by members present, Vice-Mayor Bush absent.
9. STAFF REPORTS
9.1 Permanent Local Housing Allocation (PLHA) Year Two Funding Adopted Resolution No. 2022—195
Housing Programs Manager Angelita Palma and Neighborhood Services and Manager Ben Martinez presented the report and provided a PowerPoint Presentation.
In-Person Public Comment:
Joan Rincon
Vice—Mayor Bush arrived on the dais at 7:03 pm.
9.2 Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, for Permanent Local Housing Allocation (PLHA) Year Two funding to (1) establish Year Two PLHA budget appropriations and the corresponding revenue budget in the amount of $400,000.06; (2) reallocate $115,989.84 of unused funds from Year One PLHA funding; (3) approve a Spending Plan for said PLHA funding in Fiscal Year 2023; and (4) authorize the City Manager to execute agreements with the Alpha Project for a not—to-exceed amount of $60,000 and the McAlister Institute for a not—to—exceed amount of $440,710.90 for homeless outreach, case management, emergency housing, and other housing services for people experiencing homelessness and those at—risk of becoming homeless.” ACTION:
Motion by Councilmember Rios, seconded by Councilmember Rodriguez Motion approved unanimously by members present, Vice—Mayor Bush absent.
Appropriation of Funds in the amount of $999,996 for the Clean Mobility Options (CMO) Voucher Program for the Free Ride Around National City (FRANC).
Adopted Resolution No. 2022-196
Director of Public Works and City Engineer Roberto Yano presented the item. ln-Person Public Comment:
Joan Rincon
Larry Emerson
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing the Appropriation of Funds in the amount of $999,996 for the Clean Mobility Options (CMO) Voucher Programs for the Free Ride around National City (FRANC).”
ACTION:
Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios.
Motion approved unanimously.
Mayor Sote/o-Solis called for a recess at 7:33 pm. and reconvened the meeting at 7:46 pm. with members SoteIo-Solis, Bush (returned at 7:48 p.m.), Morrison, Rios, and Rodriguez present.
9.3 Amendment of City Council Policy No. 802, “City Support for Special Events, Activities, Programs and Services," modifying events to the Sponsored and Co— Sponsored List.
Adopted Resolution No. 2022-197
Community Development Director Armando Vergara presented the item. ln-Person Public Comment:
Jovita Ariano
Marissa Rosales
Comment received via Zoom:
Aida Casteneda
Written comment:
Marisa Rosales
Victor Castro
Recommendation:
Adopt the Resolution Entitled, “Resoiution of the City Council of the City of National City, California, Authorizing the Amendment of City Council Policy No. 802, “City Support for Special Events, Activities, Programs and Services.” ACTION:
Motion by Vice~Mayor Bush, seconded by Mayor Sotelo—Solis to approve the staff recommendation.
Motion approved unanimously.
9.4 Approval of Three (3) Cannabis Business Development Agreements Economic Development Manager Pedro Garcia presented the item.
Mayor Sotelo—Solis allowed two minutes each for public comment.
In-Person Public Comment:
Laura Wilkinson Sinton
Joan Rincon
Janice Reynoso
Anthony Avalos
Jaqueline Reynoso
Rosy Vasquez
Pattie Harris
Brian Clapper
Moya Gaines—Ramos
Rosanna Rodriguez
Pearl Ayon
Alex Ayon
Quintin Shamman
Taksato
Comment received via Zoom:
Becky Rapp
Barbara Gordon
Kelly McCormick
Written Comments:
Ted Godshalk
Tony Young
Tania Arauz
Ceasar Fregoso
Vice—Mayor Bush disclosed that he had conversations with applicants; Sessions by the Bay, Cali Mota, Stiizy National City, and Dukie Valderrama.
Councilmember Rodriguez left the dais at 8:50 pm. and returned at 8:53 pm.
Recommendation:
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Approving the Cannabis Business Development Agreements with Shryne Group, Off the Charts, and Sessions by the Bay.” ACTION: Motion by Mayor Sotelo—Solis, seconded by Councilmember Rios to approve the staff recommendation.
Friendly amendment to approve staff recommendation with the following amendments:
• Community Benefit Fund of 1 % net profit after the first year with a minimum of $50,000 per license;
• At least 30°
/o local hire and 20o/o previously incarcerated individuals; • Staff to provide the list of owners and emailed to the City Council; • The addition of 501 c3 charitable organizations, 501 c4 social welfare organizations, 501 c6 business leagues; and,
• Clean-up of each of the four districts, in rotation
Substitute Motion by Vice-Mayor Bush, seconded by Councilmember Rodriguez to revise the local hire component to 50°/o local hire and 50% previously incarcerated individuals.
Ayes: Bush, Rodriguez
Nays: Sotelo-Solis, Morrison, Rios
Motion failed by 3-2 vote.
Original motion:
Motion approved unanimously.
Mayor Sotelo-Solis called for a recess at 9:52 p.m. and reconvened the meeting at 9:56 p.m. with members Sotelo-So/is, Bush, Morrison, Rios, and Rodriguez present.
9.5 Protocols for Public Meetings for Civil Service Commission Deputy City Clerk Chapel presented the item.
9.6 Adopted Resolution No. 2022-199
Recommendation: Discuss and Direct Staff on Protocol to Use for Future Meetings.
ACTION:
Motion by Councilmember Rios, seconded by Councilmember Rodriguez to support staff's recommendation.
Motion approved unanimously.
Verbal Report-Out of Salary and Benefits in the Employment Agreement of the City Attorney as required by the Brown Act.
City Clerk Molina read the report out loud in compliance with Government Code Section 54953(c)(3).
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10. 11.
Recommendation:
Receive and file.
ACTION:
Motion by Mayor Sotelo-Solis, seconded by Vice-Mayor Bush Motion approved unanimously.
CITY MANAGER’S REPORT
City Manager spoke to the upcoming holiday events.
ELECTED OFFICIALS REPORT
Closing remarks were provided by City Clerk, and members of the City Council.
11.1 Discussion on Policy 105 Request - Councilmember Rios "Formation of Environmental Health and Justice Advisory Committee"
Councilmember Rios provided the merit of her request to appoint three residents and two organizations; Environmental Health Coalition and Olivewood Gardens; to the Environmental Health and Justice Advisory Committee. ln—Person Public Comment:
Kelsey Genesi
Comment received via Zoom:
Claire Groebner
Written Comments:
Rosamaria Barrientos
Consuelo Martinez
Margaret Godshalk
Angela Gastelum
ACTION:
Per City Council Policy #104 at 10:15 pm. a Motion by Mayor SoteIo-Solis, seconded by Vice-Mayor Bush to continue the meeting past 10:30 pm. in order to complete the items on the agenda.
Motion approved unanimously.
Recommendation:
Discussion on the merits of the item and staff direction.
ACTION:
Motion by Councilmember Rios, seconded by Vice-Mayor Bush for the formation
F
of a seven (7) member Environmental Health and Justice Advisory Committee consisting of three (3) residents and two (2) organizations; Environmental Health Coalition and Olivewood Gardens, and two (2) business members. Committee woutd be overseen by a City employee.
Friendly amendment that the Scope of Work for the Committee include the implementation of the Climate Action Plan and the Health and Justice Element and that the City Manager explore best practices of other cities.
Ayes: Sotelo-Solis, Bush, Rios, Rodriguez
Nays: Morrison
Motion approved by 4-1 vote.
12. CITY ATTORNEY REPORT
CLOSED SESSION
Mayor Sotelo-Solis introduced City Attorney Schultz who announced that there was no reportable action.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9(d)
Number of potential cases: 5
13. ADJOURNMENT
Mayor Sotelo-Solis adjourned to the Special Meeting of the City Council of the City of National City, Tuesday, December 13, 2022, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 10: 40 p. m. /ZM
LaTony ssainSecretary Executive
The foregoing minutes were approved at the Special
Meeti e e 3, 20