HomeMy WebLinkAbout2024 05-07 CC AGENDA PKTAGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager
Marcus Bush, Councilmember Barry J. Schultz, City Attorney
Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk
Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer
_______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority,
Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the
National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.
Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at
6:00 p.m. Special Closed Session Meetings and Workshops may be same day, the start time is
based on needs. Check Special Agendas for times.
Location: Regular City Council Meetings are held in the Council Chamber located at City Hall,
1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.
Agendas and Material: Agendas and Agenda Packet for items listed are available on the City
website, and distributed to the City Council no less than 72 hours before the City Council Meeting.
Sign up for E-Notifications to receive alerts when items are posted.
Public Participation: Encouraged in a number of ways as described below. Members of the
public may attend the City Council Meeting in person, watch the City Council Meeting via live web
stream, or participate remotely via Zoom. Recording of Meetings are archived and available for
viewing on the City’s website.
Public Comment: Persons wishing to address the City Council on matters not on the agenda
may do so under Public Comments. Those wishing to speak on items on the agenda may do so
when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the
meeting or immediately following the announcement of the item. All comments will be limited
up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted
to accommodate for a large number of speakers. (City Council Policy 104)
EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self-report a
Declaration of Campaign Contribution to a Councilmember of more than $250 within the past
year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to
be completed prior to the City Council Meeting.
If you wish to submit a written comment email to the City Clerk’s Office at least 4 hours before
the City Council Meeting to allow time for distribution to the City Council.
Spanish Interpretation Services: Spanish Interpretation Services are available; please
contact the City Clerk before the start of the meeting for assistance.
American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990,
persons with a disability may request an agenda in appropriate alternative formats as required by
Title II. Any person with a disability who requires a modification or accommodation to participate
in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours
in advance of the meeting.
AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager
Marcus Bush, Councilmember Barry J. Schultz, City Attorney
Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk
Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer
_______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority,
Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the
National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National
City.
Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer
martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el
mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para
conocer los horarios.
Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del
Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las
reuniones están abiertas al público.
Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están
disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72
horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificaciones
electrónicas cuando se publiquen artículos.
Participación pública: Se fomenta de varias maneras como se describe a continuación. Los
miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la
Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma
remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para
su visualización en el sitio web de la Ciudad.
Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos
que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso
de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.
Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o
inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres
(3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a
un gran número de oradores. (Política del Concejo Municipal 104)
Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de
la Ciudad al menos 4 horas antes de la Reunión del Consejo Municipal para dar tiempo a la
distribución al Consejo Municipal.
A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una
Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir
del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios
públicos que se completará antes de la reunión del Concejo Municipal
Servicios de interpretación en español: Los servicios de interpretación en español están
disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para
obtener ayuda.
Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades
Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos
alternativos apropiados según lo requerido por el Título II. Cualquier persona con una
discapacidad que requiera un modificación o adaptación para participar en una reunión debe
dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336-4228 al menos 24 horas
antes de la reunión.
AGENDA
Consolidated Regular Meeting
Tuesday, May 7, 2024, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG
4.INVOCATION
5.PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought
forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. Speakers will have up
to three (3) minutes.
6.PROCLAMATIONS AND RECOGNITION
6.1 Proclamation - Professional Municipal Clerks Week - May 5-11, 2024 7
6.2 Proclamation - Asian Pacific American Heritage Month - May 2024 8
6.3 Proclamation - National Law Enforcement Appreciation Month - May 2024 9
6.4 Proclamation - South West Lodge No. 283 Day 10
6.5 Introduction of New City Employees 11
7.PRESENTATION (Limited to Five (5) Minutes each)
8.INTERVIEWS AND APPOINTMENTS
Mayoral and City Council appointments to City Boards/Commission/Committees
8.1 Appointments: City Boards, Commissions and Committees – Mayoral
Appointment for the Traffic Safety Committee.
12
Recommendation:
Mayoral Appointment with City Councilmembers’ Confirmation.
9.REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Per Government Code Section 53232.3(d) also known as AB1234: Members of a
legislative body shall provide brief reports on meetings attended at the expense of the
local agency at the next regular meeting of the legislative body.
10.CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll
Call Vote without discussion unless a Councilmember, a member of the Public, or the
City Manager requests an item be removed for discussion. Items removed from the
Consent Calendar will be considered immediately following the adoption of the
Calendar.
10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance
on this Agenda
10.2 Acceptance of State Active Transportation Grant Funds for the Construction
Phase of the Central Community Mobility Enhancements Project, CIP No. 19-
23.
31
Recommendation:
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.”
10.3 Agreements with Fozi Dwork and Modafferi, LLP and Burke, Williams and
Sorensen, LLP for Legal Services in the Specialized Area of Litigation.
39
Recommendation:
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.”
Page 2 of 263
10.4 Agreement with MDG Associates, LLC, for the HUD Five-Year Consolidated
Plan and Related Documents
57
Recommendation:
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 80
Recommendation:
Approve and File.
10.6 Biennial Review and Adoption of Resolution Amending the National City
Conflict of Interest Code.
103
Recommendation:
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.”
10.7 City Council 2024 Legislative Recess and Notification of Cancelled Meeting for
November 5, 2024, Election Day
115
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).
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
117
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.”
Page 3 of 263
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
122
Recommendation:
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.”
10.10 Investment Transactions for the Month Ended January 31, 2024.135
Recommendation:
Accept and File the Investment Transaction Ledger for the Month Ended
January 31, 2024.
10.11 Investment Transactions for the Month Ended February 29, 2024.148
Recommendation:
Accept and File the Investment Transaction Ledger for the Month Ended
February 29, 2024.
11.PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.
11.1 Adoption of an Ordinance amending Section 9.07 (Food Caterers and
Catering Equipment Rentals) of the National City Municipal Code.
161
Recommendation:
Adopt the Ordinance
11.2 Ordinance for Adoption – Discharge of Fats, Oils, and Grease (FOG) to the
Municipal Sewer System.
171
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.”
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.
181
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
Page 4 of 263
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.”
11.4 Zoning Map Amendment to Implement the Focused General Plan Update.194
Recommendation:
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
12.1 Summary Vacation of an Unused and Undeveloped Section of Paradise
Avenue East of Plaza Blvd.
223
Recommendation:
Initiate the Street Vacation
12.2 Update on El Toyon Park Improvements Bid Process (CIP No. 22-26)233
Recommendation:
Provide direction to staff on whether to readvertise the project as a PLA
covered contract or non-PLA contract.
12.3 Discussion and Possible Adoption of Revised Proposed City Councilmember
Budget Policy.
236
Recommendation:
Review Revised Policy, Make Modifications, and Potential Adoption of
Revised Proposed Policy.
12.4 Discussion and Consideration of the Status of Port Commissioner Sandy
Naranjo Pursuant to City Council Policy 107.
249
Recommendation:
Not Applicable. This appointee is approved by the City Council.
12.5 Notice of and Calling for the Holding of a General Municipal Election, and
Request for Consolidation with the Statewide General Municipal Election
250
Recommendation:
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
Page 5 of 263
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.”
12.6 Adoption of a Resolution Adopting Regulations for Candidates for Elective
Office Pertaining to Candidates’ Statements for the Tuesday, November 5,
2024, Election.
255
Recommendation:
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.”
12.7 Adoption of a Resolution Providing Conduct of a Special Runoff Election in the
Event of a Tie Vote
260
Recommendation:
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.”
13.CITY MANAGER’S REPORT
14.ELECTED OFFICIALS REPORT
14.1 POLICY 105 REQUEST - Support California Senate Bill 915 (Dave Cortese) -
Requested by Councilmember Rodriguez
263
Adopt Resolution for the City of National City to Support California Senate Bill
915 (Dave Cortese), the Autonomous Vehicle Services Deployment and Data
Transparency Act Prioritizing Local Control in the Decision to Deploy
Autonomous Vehicle Services.
15.CITY ATTORNEY REPORT
16.ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, May 21,
2024 - 6:00 p.m. - Council Chambers - National City, California.
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AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Appointments: City Boards, Commissions and Committees – Mayoral Appointment for the Traffic
Safety Committee.
RECOMMENDATION:
Mayoral Appointment with City Councilmembers’ Confirmation.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
A City Boards, Commissions and Committee (BCC) vacancy was noticed in the Star News, posted
on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise the opening
and the application acceptance period.
The recent Vacancy Notice was posted on March 21, 2024, with a deadline of April 9, 2024.
The following BCC has a vacancy caused by a resignation:
Traffic Safety Committee – one (1) vacancy caused by the resignation of Christopher
Coyote.
FINANCIAL STATEMENT:
Not applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Explanation
Exhibit B – Applications (redacted)
Exhibit C – City Council Policy #107
Exhibit D – Boards/Commission/Committees Reference Chart
Page 12 of 263
The City Clerk’s Office began advertising and accepting applications for a vacancy on the following Boards,
Committees, and Commissions: Traffic Safety Committee on March 21, 2024 with a deadline of April 9, 2024.
Background
In order to obtain qualified candidates, a Notice of Vacancies was advertised on the following: The City
website, posted on the City Hall Bulletin Boards, the Star News and City Social Media sites to advertise the
opening and the application acceptance period. The vacancy presented is a due to one vacancy caused by
the resignation of Christopher Coyote.
Vacancies are listed below:
BCC Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency
Requirement
Applications Received
Traffic Safety Committee (1) Seat – September 30, 2024 Mayoral Yes Amelito Gozum
Yvonne Howrey-Colmenero
Residency requirements are listed if required in the chart above. If filling a resident requirement, applicant
must reside within the City of National City at the time the application is submitted to be considered for the
resident position.
**************************************************************************************************************************
Appointment:
Per City Council Policy #107 (D)(7):
The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the
motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will
be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment,
the Mayor would propose an alternative candidate from the current application pool, or could choose to
reopen the application period and return to the City Council with a different applicant for consideration.
If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is
removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral
appointment.
Per City Council Policy #107 (D)(14)(3): Attendance
A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or
50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.
Per City Council Policy #107 (D)(14)(3): Mandatory Training and Filing Requirements:
Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative
body, are entrusted with certain responsibilities and concomitant training and rep orting. The following
are requirements of Commissioners and Members of Boards, Commissions, and Committees. This
training is required to be completed within 30 days of appointment or notification.
1. Oath of Office (Article XX of the California Constitution, and California Government Code
Section 36507)
2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700
Filing (California Government Code Section 87100 et seq)
3. AB1234 Ethics Training (California Government Code Section 53235.1(b))
4. Anti-Sexual Harassment Training
5. Brown Act Training
6. Social Media Training
Any training required by State Law, Federal Law, or City Policies.
All training is offered in a variety of formats including in person, via Zoom, and training website/software, Page 13 of 263
and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City
staff.
**Per City Council Policy #107 (D)(10) Re-appointment beyond two terms. Anyone wishing to be re-
appointed to any Board, Commission, or Committee and has served two or more full terms already must be
approved by a four-fifths vote of the City Council. If all five members of the City Council are not present, or if
one member abstains or recuses their vote, the four-fifths requirement shall be changed to require only a
simple majority.
Page 14 of 263
Traffic Safety Committee
Applicant Package - Committee Member
Traffic Safety Committee - Committee Member
Term:
Positions Available: 1
Number of applicants in this package: 1
- GOZUM, AMELITO
$SULOWR6HSWHPEHU30, 2024
Page 15 of 263
Name :GOZUM, AMELITO
Address : NATIONAL CITY, 91950
Email :
Board Name :Traffic Safety Committee
Telephone Number :
Registered to Vote in National City? :
Yes
Resident of National City? :
Yes
District Number? :
3
Term of Residency? :
8
Present Employer? :
Department of Navy - Naval Facilities Engineering Command
Occupation :
Civil Engineering
Business Address :
San Diego Ca 92132
Educational Background :
Bachelor of Science in Civile Engineer 1992 Don Honorio Ventura Technological State
University- Philippines ---- w/ US Equivalency
Page 16 of 263
Construction Inspection Management 36 Units in South Western College Chula Vista Ca.
- 2021
Currently Serving on a BCC? :
No
Previously Served on a BCC? :
No
If so, which ones? If it does not apply, type N/A :
N/A
Professional or Technical Organization Memberships? :
AACEi
Civic or Community Experience, Membership, or Previous Public Service
Appointments? :
Public Service in the Philippines - Elected no 1 Barangay Councilor - Chairman in Public
Works and Budget and Finance
Experience or Special Knowledge Pertaining to Area of Interest? :
BS Engineering Graduate
Have you ever been convicted of a felony crime? :
No
Have you ever been convicted of a misdemeanour crime? :
No
Time of Submission :08/28/23 3:49:35 PM
Attachments:
- email address.pdf
Page 17 of 263
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Traffic Safety Committee
Applicant Package - Committee Member
Traffic Safety Committee - Committee Member
Term 16 Apr 2024 - 30 Sep 2024
Positions Available 1
Number of applicants in this package 1
- Howrey-Colmenero, Yvonne
Page 19 of 263
Name: Howrey-Colmenero, Yvonne
Address: , National City, 91950
Email:
Board Name: Traffic Safety Committee
Telephone Number:
Registered to Vote in National City?:
Yes
Resident of National City?:
Yes
Present Employer?:
National School District
Occupation:
Health Care Instructional Assistant
Business Address:
National City, Ca 91950
Educational Background:
Sweetwater Union High School • 2012
Associates degree • California College San Diego • 2014
Currently Serving on a BCC?:
No
Page 20 of 263
Previously Served on a BCC?:
No
If so, which ones? If it does not apply, type N/A:
N/A
Professional or Technical Organization Memberships?:
CSEA member
Experience or Special Knowledge Pertaining to Area of Interest?:
Interested in improving the pedestrian, bicyclist, and driver experience through the city.
Have you ever been convicted of a felony crime?:
No
Have you ever been convicted of a misdemeanour crime?:
No
Time of Submission: 03/22/24 4:22:20 PM
Page 21 of 263
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021 ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
PURPOSE
To establish a procedure to serve as a guide in making appointments to various City Boards,
Commissions, and Committees. The City currently has the following Boards, Commissions, and
Committees to which this Policy applies:
Mayor’s Appointments:
1.Board of Library Trustees
2.Community and Police Relations Commission
3.Park, Recreation, and Senior Citizens Advisory Committee
4.Public Art Committee
5.Sweetwater Authority
6.Traffic Safety Committee
7.Veterans and Military Families Advisory Committee
City Council Appointments:
1.Civil Service Commission
2.Planning Commission
3.Housing Advisory Committee including Ex-Officio Members
4.Port Commission
POLICY
Appointment Process
A.Opportunity to apply. All interested individuals shall be given an opportunity to submit
applications for vacancies on City Boards, Commissions, and Committees. Incumbent
Appointees are not automatically re-appointed but are required to fill out an abbreviated
application provided by the City Clerk, indicating their interest in continuing to serve.
B.Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term
and the Appointee serves for less than one year in that position, the Council may re-
appoint the incumbent without considering other applicants.
C.Vacancies. When vacancies occur, the following procedure shall be followed:
1.Schedule vacancy. When a term is expiring or expires, public notice of the vacancy
shall be made, inviting interested individuals to submit applications for the vacancy
on a form provided by the City Clerk on the City website.
Unscheduled vacancy. An unscheduled vacancy shall be filled according to
Attachment C
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021 ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
Government Code Section 54974, which generally provides as follows: Whenever
an unscheduled vacancy occurs, whether due to resignation, death, termination, or
other causes, a special vacancy notice shall be posted in the Office of the City Clerk,
the City website, outside City Hall on the Bulletin Board, and on City social media
platforms not earlier than twenty (20) days before or not later than twenty (20) days
after the vacancy occurs. The City Council shall not make a final appointment for
at least ten (10) working days after posting the notice in designated locations. The
notice’s posting and application period shall be thirty (30) calendar days. However,
if it finds that an emergency exists, the City Council may, fill the unscheduled
vacancy immediately. According to this section, a person appointed to fill the
vacancy shall serve only on an interim basis until the final appointment.
The end of term for the members of Boards, Commissions, and Committees
generally occurs in an annual rotation during the months of March and September.
Appointments will be considered at those times unless a vacancy resulting from a
resignation results in the lack of a Quorum on the Board, Commission, or
Committee, in which case the appointment could occur at the time of the
unscheduled vacancy in accordance with the procedure set out above.
3.Government Code Section 40605, and National City Municipal Code Title 16, grants
the Mayor, with the City Council’s approvals, the authority to make all appointments
unless otherwise explicitly provided by statute. The exceptions are:
1.Civil Service Commission
2.Planning Commission
3.Housing Advisory Committee including Ex-Officio Members
The City Council fills vacancies on these bodies.
D.Implementation. Implementation of Council policy for appointment to Boards,
Commissions, and Committees requires the following:
1.Per Government Code Section 54972, on or before December 31 of each year,
the City Council shall prepare a list of appointments of all regular and ongoing
Boards, Commissions, and Committees appointed by the City Council. The
City Clerk will prepare the list of all regular and ongoing Boards, Commissions,
and Committees appointed by the Mayor or the City Council. The list shall
contain a list of all terms that will expire during the next calendar year, the
incumbent appointee’s name, the appointment date, the term’s expiration date,
and the position’s necessary qualifications. It shall also include a list of all
Page 23 of 263
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021 ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
Boards, Commissions, and Committees whose members serve at the City
Council’s pleasure and the qualifications required for each position. This Local
Appointments List shall be made available to the public on the City website.
2.Notice. A public notice for vacancies must be placed in the newspaper of
general circulation within the City, on the City’s website, City Hall Bulletin
Boards, and City social media platforms.
3.Expiration of term. All appointees will receive a letter as their terms expire
asking if they would like to re-apply for the position.
4.Applications. Applications shall be available on the City website and in the City
Clerk’s Office. Submissions must be received before the advertised deadline for
consideration for the appointment. All applications will be retained in the City
Clerk’s Office for one year from the date the application was submitted. During the
one-year retention period of the application, an applicant shall be considered for
other vacancies on Boards, Commissions, and Committees. The City Clerk’s Office
will notify the applicant being considered for an appointment to confirm that they
are still interested in volunteering.
5.A member may only serve on one (1) Board, Commission, or Committee at a time.
If an applicant applies for another position on a different Board, Commission, or
Committee, that applicant will forfeit the prior seat and a vacancy will occur per
policy.
6.Interviews:
a.Mayor Appointments: Interviews for Mayoral appointments will be
conducted by the Mayor outside of the public meeting and scheduled by
the Mayor’s Office.
b.City Council Appointments: Interviews for the four (4) Civil Service
Commission, Planning Commission, Housing Advisory Committee, and
Port Commission who serve at the City Council’s pleasure and are
appointed by the City Council as a body will be interviewed in the public
forum at a City Council Meeting as described below.
7.Mayoral Appointments:
The Mayor will make the motion to appoint (naming the appointee) and
Councilmembers may second the motion. The City Clerk will then take a roll call
Page 24 of 263
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
vote of the City Council. A majority vote of the City Council will be required for the
appointment. If the majority of the City Council choose to deny the proposed
appointment, the Mayor shall either propose an alternative candidate from the
current application pool or choose to reopen the application period and return to the
City Council at a future City Council Meeting with a different applicant for
consideration. If a Mayoral Appointment is not approved by the majority of the City
Council by confirmation, that applicant is removed from the pool for that seat. The
Mayor will return to a future meeting with a substitute Mayoral appointment.
8. For City Council Appointments, the Interview Process is as follows:
a. The City Clerk will provide an overview of the Board, Commission, or
Committee(s) with current vacancy (ies). The Mayor will introduce the
applicant and two (2) questions will be asked of each applicant on behalf
of the City Council.
b. Each applicant is given two (2) minutes to make a brief introduction of
themselves and their qualifications to the City Council.
c. Mayor and City Councilmembers will ask questions of each applicant. All
applicants must be asked the same questions.
d. Total time per applicant is five (5) timed minutes with time allowed for
clarification at the discretion of the City Council, not to exceed ten (10)
minutes total per applicant.
e. All appointments and interviews before the City Council will be scheduled
as needed to fill unexpected vacancies, with every effort to be made
before an individual's term expires. Interviews may take place at one
meeting, with appointments made at a subsequent meeting.
9. Vacancies for City Council Appointed Positions. If the vacancy is for a City
Council appointed position, and there is more than one (1) applicant for a given
position, the voting process will proceed as follows: Once the interviews are
complete, each Councilmember votes for their choice via a written ballot
provided by the City Clerk. Each Councilmember shall print and sign their name
on the ballot. All ballots shall be considered a public record and be open to
inspection by the public. The ballots are passed to the City Clerk who announces
the number of votes for each candidate.
Page 25 of 263
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
If the appointment process is conducted via a virtual meeting the process is the
same except the ballot/vote process. The City Clerk’s Office will provide a Vote
Sheet (a piece of paper electronically) with the name of each applicant to be
considered. The Mayor will count to three (3) and the Council will hold their
vote sheet up in front of their face to make sure it is captured on the camera
during the live virtual meeting. The City Clerk will tally the votes and will then
confirm the votes with a verbal roll call. The applicant with the most votes is
appointed.
In the event of a tie, each Councilmember votes again until one (1) candidate
has the majority vote and is declared to be the newly–appointed member of the
Board, Commission, or Committee.
10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board,
Commission, or Committee and has served two or more full terms already must be
approved by a four-fifths vote of the City Council. If all five members of the City
Council are not present, or if one member abstains or recuses their vote, the four-
fifths requirement shall be changed to require only a simple majority.
11. Report to Council:
All applications received for vacancies, whether Mayoral Appointment or City
Council Appointment, will be attached to the staff report to Council. All applications
will have private personal information redacted (name, street numbers and name of
street address, and phone number). This redacted information is in alignment with
Government Code Section 6255(a) because the public interest served by not
disclosing the applicant’s personal, private information and protection of the
applicant’s right to privacy outweighs the public interest served by disclosing that
information.
12. An automatic vacancy upon becoming a Non-Resident. An unscheduled vacancy
automatically occurs when a resident holding an appointment position on a City
Board, Committee, or Commission becomes a non-resident by moving out of
National City limits. When an unscheduled vacancy occurs due to a resident
becoming a non-resident, the unscheduled vacancy may be filled as follows:
a. A special vacancy notice shall be posted in the Office of the City Clerk, and
in other places as directed by the City Council, not earlier than 20 days
before or not later than 20 days after the vacancy occurs. Final Appointment
at a City Council Meeting shall not be made by the Appointing Authority for
at least 10 working days after the posting of the notice in the City Clerk’s
Office.
Page 26 of 263
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
b. The Appointing Authority may appoint the former resident to a Non-
Residential position if a Non-Residential position is vacant.
However, the Appointing Authority may, if it finds that an emergency exists, fill the
unscheduled vacancy immediately. A person appointed to fill the vacancy shall
serve only on an acting basis until the final appointment is made pursuant to this
section.
13. Only City Residents may be elected to Chair and Vice-Chair positions. To be
eligible to be elected as the Chairperson of a City Board, Committee, or
Commission, the member must be a resident of the City.
14. Resignations, Attendance, Training, and Removals
Resignation:
If a Commissioner or Member of a Board, Committee, or Commission is unable to
continue serving because of health, business requirements, or personal reasons,
a letter of resignation shall be submitted to the City Clerk, who will present to the
City Council.
Attendance:
Regular attendance at meetings is critical to be effective operation of City Boards,
Commissions, and Committees. The City Council relies on the advice of the City’s
Boards, Commissions, and Committees, which is the result of discussions among
appointed members. The City Council anticipates that members of Boards,
Committees, and Commissions shall make every reasonable effort to attend all
regular and special meetings of their respective Boards, Commissions, and
Committees, and to be prepared to discuss matters on their respective agendas.
A Commissioner or Member of a Board, Committee, or Commission shall be
considered removed from any advisory board under the following conditions:
1. A Commissioner or Member of a Board, Committee, or Commission with
unexcused absences from three consecutive regularly scheduled meetings.
2. A Commissioner or Member of a Board, Committee, or Commission misses
more than 25% of the advisory body’s meetings in a calendar year.
Page 27 of 263
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
3. A Commissioner or Member of a Board, Committee, or Commission must be
present at least one hour, or 50% of the entire meeting, whichever is less, to
be counted as present for purposes of attendance.
Excused Absences:
An “excused absence” is only granted when absolutely necessary and pre-
approved if at all possible. The City Council encourages Boards, Commissions,
and Committees to refrain from scheduling meetings on cultural and religious
holidays in order to encourage full participation by all Commissioners, Board
Members, and the public. The pre-approval of excused absences will be by the
body as a whole and documented in the meeting minutes.
Excused absences are listed as follows:
1. Illness of the Commissioner or Member of the Board, Committee, or
Commission, their family member, or their personal friend;
2. Business commitment of the Commissioner or Member of the Board,
Committee, or Commission that interferes with the attendance at a meeting;
3. Attendance of the Commissioner or Member of the Board, Committee, or
Commission at a funeral, religious service or ceremony, wedding, or other
similarly-significant event; or
4. Other reason for which the Commissioner or Member of the Board,
Committee, or Commission has given notice to the Chairperson or Secretary
of their unavailability fifteen (15) days in advance, as long as the unavailability
is not expected to last longer than 30 days.
Removal:
The Secretary or Lead of each Board, Commission, or Committee will report the
attendance to the Office of the City Clerk on a monthly basis. If the attendance or
absences fall within these guidelines, the Office of the City Clerk will prepare a
report to City Council for review and possible removal of the Commissioner,
Member, or Alternate sitting on the Board, Committee, or Commission. Any
Commissioner, Member, or Alternate sitting on a Board, Committee, or Commission
may be removed from office at any time by a simple majority vote of the City Council
at a regularly scheduled Council meeting with or without cause.
Mandatory Training and Filing Requirements:
Commissioners and Members of Board, Committee, or Commission, as
appointed by the legislative body, are entrusted with certain responsibilities and
Page 28 of 263
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107 TITLE: Appointments to Boards, Commission and Committees
concomitant training and reporting. The following are requirements of
Commissioners and Members of Boards, Commissions, and Committees. This
training is required to be completed within 30 days of appointment or
notification.
1. Oath of Office (Article XX of the California Constitution, and California
Government Code Section 36507)
2. Fair Political Practices Commission (FPPC) Statement of Economic
Interest Form 700 Filing (California Government Code Section 87100 et
seq)
3. AB1234 Ethics Training (California Government Code Section
53235.1(b))
4. Sexual Harassment Training
5. Brown Act Training
6. Social Media Training
7. Any training required by State Law, Federal Law, or City Policies.
All training is offered in a variety of formats including in person, via Zoom,
training website/software, and pre-recorded video. Currently, these are all
requirements of the Mayor and City Council, and City staff.
Removal:
Failure to complete any of these requirements within 30 days of the
appointment date or date of notification is cause for automatic removal.
Related Policy References
Government Code Section 40605
Government Code Section 54970, et seq.
Article XX of the California Constitution, and California Government Code Section 36507
California Government Code Section 53235(b)
California Government Code Section 87100 et seq
National City Municipal Code Title 16 (pending)
Prior Policy Amendments:
February 2, 2021 (Resolution No. 2021-08)
May 19, 2020 (Resolution No. 2020-95)
November 9, 1993 (Resolution No. 93-173)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes)
October 8, 2013 (Resolution No. 2013-147)
May 19, 2020 (Resolution No. 2020-20)
Page 29 of 263
BOARDS, COMMISSION AND
COMMITTEES (11)
TOTAL MEMBERS
(51+)
BOARD OF
LIBRARY TRUSTEE
(5 Members)
CIVIL SERVICE
COMMISSION
(5 Members)
COMMUNITY AND
POLICE RELATIONS
COMMISSION
(8 Members)
PARK,
RECREATION
AND SENIOR
CITIZENS'
ADVISORY
COMMITTEE
(7 Members)
PLANNING
COMMISSION
and HOUSING
ADVISORY
COMMITTEE
(7 Members)
2 Ex Officio
PORT
COMMISSION
(1 Member)
PUBLIC ART
COMMITTEE
(5 Members)
SWEETWATER
AUTHORITY
(1 Member)
TRAFFIC SAFETY
COMMITTEE
(5 Members)
TERM 3 Years 5 Years 3 Years 3 Years 4 Years 4 Years 3 Years 4 Years 3 Years
RESIDENCY REQUIREMENT Yes Yes
5 Resident
up to 2 Non-Resident
(1) Non-Voting
Member Yes Yes Yes No n/a Yes
VOTER REQUIREMENT No No No No No No No No No
MAYORAL APPOINTMENT SUBJECT TO
CONFIRMATION BY THE CITY COUNCIL X X X X X X
CITY COUNCIL AS A BODY APPOINTMENT X X X
COMPENSATION No No No No
Compensation set
by Council
Resolution No No No No
FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No
MEETINGS 1 X per month
1X every other
month 1X every 3 months
1X every 2
months 2X per month n/a 1X per quarter n/a 1X per month
REQUIRED TO REPORT TO COUNCIL
ANNUALLY
Yes, on or before
August 31st and to
the State Librarian Yes Yes Yes Yes Yes Yes Yes Yes
OTHER
Can not be
salaried employee
or holds office of
the City
BOARDS/COMMISSION/COMMITTEES
**Effective February 2, 2020 all Chair and Vice-Chairs are required to be NC Residents
CITY COUNCIL POLICY #107 and NCMC TITLE 16
Page 30 of 263
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
=
SUBJECT:
Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central
Community Mobility Enhancements Project, CIP No. 19-23.
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Project Description
The Central Community Mobility Enhancements Project, CIP 19-23, will deliver approximately 1.7
miles of bicycle facilities providing north-south connections through the Central, Olivewood and
Las Palmas neighborhoods in National City (see attached exhibit A). More specifically, the project
alignment runs along M Avenue from 4th Street to 8th Street, turns east on 8th Street to N Avenue,
continues on N Avenue from 8th Street to Plaza Blvd., and then shifts onto L Avenue from Plaza
Blvd. to 30th Street. Class II and Class III bicycle facilities will be constructed, as well as bicycle
boxes at the intersections of L Avenue & Plaza Blvd. and L Avenue & 18th Street. Street
resurfacing will be provided along the corridors to provide a smooth travel surface for bicyclists.
In addition to completing this important segment of the City’s bicycle network, the project will also
improve pedestrian access by reconstructing N Avenue north of Plaza Blvd. to eliminate the
existing dirt mound, which currently presents a barrier to walk ing and biking, and install new
sidewalk to strengthen connections between residential neighborhoods to the north and
commercial to the south. The project will also deliver traffic calming elements such as curb
extensions at key intersections.
Notably, staff reviewed the 90% project plans and worked with the design team to make
refinements such that no on-street parking spaces will be lost in residential neighborhoods.
Page 31 of 263
Timeline
In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to
the California Department of Transportation (Caltrans) for the Central Community Mobility
Enhancements Project.
On January 30, 2019, Caltrans awarded a $1,286,000 State ATP grant for the Central Community
Mobility Enhancements Project. On March 26, 2020, Caltrans provided the agreement to the City
for execution.
On June 2, 2020, the City Council authorized the Mayor to execute Program Supplement
Agreement (PSA) No. U52 with Caltrans for the Central Community Mobility Enhancements
Project to allow for reimbursement of up to $43,000 in eligible project expenditures through the
State ATP; and 2) authorizing the establishment of an Engineering Grant Funds appropriation of
$43,000 and corresponding revenue budget.
On May 12, 2022, the City submitted an allocation request to Caltrans requesting to allocate
funding for the Plans, Specifications, and Estimate (PS&E) phase, and for the Right-of-Way (R/W)
phase.
On October 6, 2022, Caltrans issued an Authorization Letter allocating $148,000 ($104,000 PS&E
phase and $44,000 R/W phase) with a local match of $22,000 ($16,000 PS&E phase and $6,000
R/W phase).
On April 28, 2023, the City submitted an allocation request to Caltrans requesting to allocate
funding for the Construction (CON) phase.
On July 14, 2023, Caltrans issued an Authorization Letter allocating $1,095,000 for the
Construction phase with a local match of $442,000 (see attached Exhibit B). The Finance Letter
from Caltrans followed on September 1, 2023. Therefore, staff recommends, 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, reimbursable
through the State Active Transportation Program approved by Caltrans; and 2) committing to
providing a local match in the amount of $442,000 for the Construction phase. The local match
will be applied to street resurfacing for the project. Gas Tax Funds (SB1-RMRA) were
appropriated through prior City Council actions.
The project needs to be advertised for construction bidding by the end of this summer to meet
grant requirements for construction award by December 2024.
FINANCIAL STATEMENT:
ATP Grant - $1,095,000
Revenue Account No. 296-06588-3498
Expenditure Account No. 296-409-500-598-6588
Required Local Match - $442,000; Gas Tax Funds (SB1-RMRA) were appropriated through prior
City Council actions
Expenditure Account No. 109-409-500-598-6035
Page 32 of 263
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR
15301(c).
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Map
Exhibit B – Finance Letter
Exhibit C – Resolution
Page 33 of 263
Central
Elementary
School
Plaza
Commercial
Area
National
City
Middle School
John A Otis
Elementary
School Sweetwater
Union
High School
Olivewood
Elementary
School
Las Palmas
Park
Sweetwater
Shopping
Plaza
Walmart
Las Palmas
Elementary
School
Kimball
Park
Senior
Housing
Plaza Village
Senior Living
4t
h
S
t
r
e
e
t
8t
h
S
t
r
e
e
t
Pl
a
z
a
B
o
u
l
e
v
a
r
d
16
t
h
S
t
r
e
e
t
18
t
h
S
t
r
e
e
t
24
t
h
S
t
r
e
e
t
30
t
h
S
t
r
e
e
t
Palm Avenue
Highland Avenue
D Avenue
M Avenue
N Avenue
L Avenue
City of
National City
805
N Avenue Infrastructure Gap
Class III Bike Route
4th Street, National City
Class II Bike Lane
4th Street, National City
Bicycle Boxes
D Ave & 18th St, National City
Bike Boxes
Bike Boxes
Highest employment
density in National City
LEGEND
Note: Bicycle Loop Detectors to be installedat all signalized intersections
* Refer to Bike Master Plan
Class II - Bike LaneInstall two 6’ Buffered Bicycle Lanes
Class III - Bike RouteInstall Sharrows and Signage
New Sidewalk
Existing Class II - Bike Lane
Existing Class III - Bike Route
Existing Class II In Design
Future Class I, II, or III Bikeway*
Future Pedestrian Path*
PROPOSED IMPROVEMENTS
BIKE FACILITIES
OTHER
Existing Bus Stop
Future BRT Station - SBBRT (2030)
Existing Super Markets
&ʑQʤUɪɗ&ʝPʛʦʜLʤɨ0ɼʍɵʙLʤɨ(ɻKʋQȪʑȷʑQWɡ
Project Improvement Map
July 2018Page 34 of 263
FINANCE LETTER
09/01/2023
11-SD-0-NATC
ATPSB1L-5066(048)
1120000089
DEPARTMENT OF TRANSPORTATION
To: City of National City
Date:
D_CO_RT:
Project No:
Adv. Project Id:
Project End Date:
EA No:
$1,757,000Est Tot Proj Costs:
PRO RATA OR
LUMP SUM
LOCALFINANCE ITEMS PART. COSTTOTAL COST OF
WORK
STATE (ATP)OTHER
/SB1A
$50,000.00 $0.00$7,000.00$43,000.00Agency Preliminary Engineering -
PA/ED
$50,000.00
$0.00 $0.00$0.00$0.00Blank$0.00
$120,000.00 $0.00$16,000.00$104,000.00Plans, Specifications & Estimates $120,000.00
$0.00 $0.00$0.00$0.00Blank$0.00
$50,000.00 $0.00$6,000.00$44,000.00Right of Way $50,000.00
$0.00 $0.00$0.00$0.00$0.00
Contract Items: $1,236,000
Contingencies: $124,000
Total:$1,360,000
$1,360,000.00 $0.00$265,000.00$1,095,000.00Construction$1,360,000.00
$177,000.00 $0.00$177,000.00$0.00Agency Construction Engineering $177,000.00
$1,757,000.00 $1,757,000.00 $1,286,000.00 $471,000.00 $0.00Totals:
Participation Ratio: 100% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature:
HQ Local Assistance Area EngineerTitle:
REQ#3: CTC allocated $1,095,000 of ATP State only funds for CONST component, on 06/29/2023 CTC meeting, under PPNO 1360.
*Agency is paying for CE and Contingency.
(279) 444-7828
Daniel BuiPrinted Name:
Telephone No:
For questions regarding finance letter, contact:
Remarks:
_______________
Page 1 of 2
Page 35 of 263
FINANCE LETTER
09/01/2023
11-SD-0-NATC
ATPSB1L-5066(048)
1120000089
DEPARTMENT OF TRANSPORTATION
To:City of National City
Date:
D_CO_RT:
Project No:
Adv. Project Id:
Project End Date:
EA No:
$1,757,000Est Tot Proj Costs:
ADV. PROJECT ID APPROP.
UNIT STATE PROG.FED/ STATE ENCUMBRANCE
AMOUNT
APPROP
YEAR
EXPENDITURE
AMOUNT
ENCUMBRANCE
BALANCE
REVERSION
DATE*
APPROVED
AMOUNT
EXPIRATION
DATE
Cooperative Work AgreementACCOUNTING INFORMATION ATPSB1L-5066(048)
1120000089 22102 2030720100 $1,095,000.00 2122 $0.00 $1,095,000.00 06/30/2027
1120000089 22108 2030720100 $148,000.00 2122 $0.00 $148,000.00 06/30/2027
1120000089 19108 2030720100 $43,000.00 1819 $2,934.75 $40,065.25 06/30/2024
*Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient time
for Accounting and SCO year-end closing procedures.
*Please refer to the applicable CTC Guidelines for Timely Use of Funds (TUF) Provisions. Also refer to your allocation notification letter(s) for allocation-specific TUF deadlines.
Page 2 of 2Page 36 of 263
RESOLUTION NO. 2024 -
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 NO. 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.
WHEREAS, the Central Community Mobility Enhancements Project, CIP 19-23, will
provide approximately 1.7 miles of bicycle facilities providing north-south connections through the
Central, Olivewood and Las Palmas neighborhoods in National City (the “Project”); and
WHEREAS, the Project needs to be advertised for construction bidding by August 2024
to meet grant requirements for construction award by December 2024; and
WHEREAS, in July 2018, staff submitted a Cycle 4 Active Transportation Program (“ATP”)
grant application to the California Department of Transportation (“Caltrans”) for the Project; and
WHEREAS, on January 30, 2019, Caltrans awarded a $1,286,000 ATP grant to the City
of National City (“City”) for the Project; and
WHEREAS, the $1,286,000 award was distributed by Project phases, including Agency
Preliminary Engineering (“PA/ED”) – $43,000; Plans, Specifications, and Estimate (“PS&E”) –
$104,000; Right-of-Way (“R/W”) – $44,000; and Construction – $1,095,000; and
WHEREAS, on June 2, 2020, the City Council adopted Resolution No. 2020-99
authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. U52 with Caltrans
for the Project to allow for reimbursement of up to $43,000 in eligible Project expenditures through
the ATP grant; and 2) authorizing the establishment of an Engineering Grant Funds appropriation
of $43,000 and corresponding revenue budget; and
WHEREAS, on May 12, 2022, the City submitted an allocation request to Caltrans
requesting to allocate funding for the PS&E phase and R/W phase; and
WHEREAS, on October 6, 2022, Caltrans issued an Authorization Letter allocating
$148,000 ($104,000 PS&E phase and $44,000 R/W phase) with a local match of $22,000
($16,000 PS&E phase and $6,000 R/W phase); and
WHEREAS, on April 28, 2023, the City submitted an allocation request to Caltrans
requesting to allocate funding for the Construction phase; and
WHEREAS, on July 14, 2023, Caltrans issued an Authorization Letter allocating
$1,095,000 for the Construction phase with a local match of $442,000; and
WHEREAS, Gas Tax Funds (SB1-RMRA) were appropriated through prior City Council
actions to satisfy the local match requirement; and
Page 37 of 263
WHEREAS, City staff recommends City Council adopt this Resolution authorizing the
establishment of an appropriation and corresponding revenue budget to allow for reimbursement
of up to $1,095,000 in eligible Project expenditures through the ATP grant and committing to a
local match of $442,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes 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.
Section 2: That the City Council hereby authorizes the commitment to a local match
in the amount of $442,000 utilizing Gas Tax Fund (SB1-RMRA) appropriations previously
established.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
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AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Agreements with Fozi Dwork and Modafferi, LLP and Burke, Williams and Sorensen, LLP for
Legal Services in the Specialized Area of Litigation.
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City of National City (“City”) engages outside legal support for specialized areas. The City is
in need of additional law firms to provide specialized legal services in connection with matters
involving Public Agency litigation. Fozi Dwork and Modafferi, LLP and Burke Williams and
Sorensen, LLP are experienced law firms that represent public agencies in all stages of litigation.
FINANCIAL STATEMENT:
Sufficient appropriations are available in the General Fund. Services will be provided on an as
needed basis.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Agreement with Fozi Dwork and Modafferi, LLP
Exhibit B – Agreement with Burke Williamson and Sorensen, LLP
Exhibit C - Resolution
Page 39 of 263
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
FOZI DWORK & MODAFFERI, LLP
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made as of the ___
day of May 2024 between THE CITY OF NATIONAL CITY, a municipal corporation, (the
“CITY”) and FOZI DWORK & MODAFFERI, LLP, (the “FIRM”). This Agreement sets forth
the parties’ mutual understanding concerning legal services to be provided by the FIRM and the
fee arrangement for said services.
Article 1. Retainer. The CITY hereby retains the FIRM to assist in representing the
CITY in connection with litigation and government claim issues, subject to this Agreement.
Article 2. Effective Date and Term. This Agreement shall be effective on
May_____, 2024 and continue until written notice of cancellation. This Agreement may be
terminated at any time by either party with sixty (60) days’ written notice to the other. Notice of
termination by the FIRM shall be given to the City Attorney.
Article 3. Scope of Services. The CITY shall have the right in its sole discretion to
determine the particular services to be performed by the FIRM under this Agreement. These
services may include the following: consultation with the City Attorney and Risk Management on
government claims, defense of the CITY on litigated matters (including, but not limited to, San
Diego Unified School District v. City of San Diego, et al., San Diego Superior Court Case No. 37-
2020-00027878-CU-TT-CTL), advice and counsel to the City Council, and communications with
CITY staff (“Legal Services”). In addition, the CITY may increase the scope of work with the
FIRM’s agreement, and such additional work will be confirmed via a letter that shall bring such
work within the scope of this Agreement. It is expected that the FIRM will work with the City
Attorney and CITY staff.
Article 4. Compensation. Compensation paid under this Agreement shall be $275.00
per hour.
A. The FIRM shall not use more than one attorney for the same specific task
without the CITY’S approval. The FIRM may use the minimum number of attorneys for this
engagement consistent with good professional practice after consulting with and obtaining
approval by the CITY.
B. The FIRM agrees to document a plan and budget consistent with the scope
of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The
CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to
before being incurred by the FIRM.
C. The CITY has appropriated or otherwise duly authorized the payment of an
amount not to exceed $75,000.00 per case for the Legal Services identified in Article 3. In no
Page 40 of 263
event shall the total fees plus out-of-pocket disbursements exceed this amount without written
authorization of the CITY.
D. The FIRM shall keep the CITY advised monthly as to the level of attorney
hours and client services performed under Article 1. The FIRM will charge the CITY for travel
time from the FIRM’S San Diego Office.
E. The CITY further agrees to reimburse the FIRM, in accordance with the
procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries,
document reproduction, client-requested clerical overtime, lodging, and similar out-of-pocket
expenses charged by the FIRM as a standard practice to its clients generally, with the exception of
travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a
statement breaking down the amounts by category of expense. The following items shall not be
reimbursed, unless the CITY has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed
as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone,
postage, receipts or transmission of telecopier documents, or any other items traditionally
associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page.
(4) Auto mileage rates in excess of the rate approved by the Internal
Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime,
the CITY will consider reimbursement on a case-by-case basis. The CITY will not reimburse
overtime incurred for the convenience of the FIRM’S failure to meet deadlines known in advance.
(6) Equipment, books, periodicals, research materials, Westlaw/Lexis
or like items.
(7) Express charges, overnight mail charges, messenger services or the
like, without the CITY’S prior consent. The CITY expects these expenses to be incurred in
emergency situations only. Where case necessity requires the use of these services, the CITY will
consider reimbursement on a case-by-case basis.
(8) Travel and meals.
(9) Late payment charge or interest after 30-days of receipt of approved
invoice.
F. Bills from the FIRM should be submitted to Barry J. Schultz., City
Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and
disbursement records customarily maintained by the FIRM for billing evaluation and review
purposes shall be made available to the CITY in support of bills rendered by the FIRM.
G. The FIRM agrees to forward to the CITY a statement of account for
each one-month period of services under this Agreement, and the CITY agrees to compensate the
FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney
hours and client disbursements which have been incurred to date under this Agreement, and as to
future expected levels of hours and disbursements.
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H. Billing Format. Each billing entry must be complete, discrete and
appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved. For
instance, telephone calls must include the names of all participants.
(b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the
related work product should be reference (“telephone call re: trial brief,” “interview in preparation
for deposition”).
(e) The biller’s professional capacity (partner, associate,
paralegal, etc.) should be included.
(2) Discrete: Each task must be set out as a discrete billing entry;
neither narrative nor block billing is acceptable.
(3) Appropriate.
(a) The CITY does not pay for clerical support, administrative
costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not
pay for secretarial time, word processing time, air conditioning, rental of equipment, including
computers, meals served at meetings, postage, online research, or the overhead costs of sending or
receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees,
outside photocopying, videotaping of depositions, investigative services, outside computer
litigation support services, or overnight mail.
(b) The CITY will pay reasonable late charges and the City will pay
approved monthly invoices within 30 calendar days of receipt.
I. Staffing. Every legal matter should have a primary responsible attorney.
Ultimately, staffing is a CITY decision, and the CITY’S representative may review staffing to
ensure that it is optimal to achieve the goals of the engagement at the least cost.
(1) Paralegals are to be used to the maximum extent possible to enhance
efficiency and cost-effectiveness. All tasks typically considered associate work should be
considered for assignment to a paralegal. Written authorization from the CITY must be had before
associate hours billed exceed paralegal hours billed.
(2) Once an attorney is given primary responsibility for an engagement,
that person should continue on the legal matter until the matter is concluded or the attorney leaves
the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.
(3) If more than one attorney is going to perform the same task, prior
approval from the CITY must be had. This includes document review.
Article 5. Independent Contractor. The FIRM shall perform services as an
independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM
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without prior written consent of the CITY. Retention of the FIRM is based on the particular
professional expertise of the individuals rendering the services required in the Scope of Services.
Article 6. Confidentiality of Work. All work performed by the FIRM including but
not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or
composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work
product shall be confidential and not released to any third party without the prior written consent
of the CITY.
Article 7. Compliance with Controlling Law. The FIRM shall comply with all
applicable laws, ordinances, regulations, and policies of the federal, state, and local governments
as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and
all directives issued by the CITY or its authorized representatives under authority of any laws
statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and
control the terms and conditions of this Agreement.
Article 8. Acceptability of Work. The CITY shall decide any and all questions which
may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of
performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM
shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall
each prepare a report which supports their position and file the same with the other party. The
CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the
manner of performance or the compensation payable to the FIRM.
Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the
CITY and its agents, officers, employees, and volunteers harmless from and against all claims
asserted or liability established for damages or injuries to any person or property, including injury
to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or
claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees
in performing the work or other obligations under this Agreement, and all expenses of investigating
and defending against same; provided, however, that this indemnification and hold harmless shall
not include any claims or liability arising from the established sole negligence or willful
misconduct of the CITY, its agents, officers, employees, or volunteers.
Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and
maintain throughout the term of this Agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissions) with minimum
limits of $1,000,000 per claim.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non-owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
Page 43 of 263
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to the “location”. The “location” should be noted with specificity on an endorsement that
shall be incorporated into the policy.
D. Workers’ Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of FIRM’S employees and employers’ liability insurance with
limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver
of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement
of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of
cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather than
“occurrence” form, the FIRM shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must
be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section
shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business
in California that hold a current policy holder’s alphabetic and financial size category rating of not
less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial
stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non-
admitted “surplus lines” carriers, they must be included on the most recent List of Approved
Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by the
CITY’S Risk Manager. If the FIRM does not keep all insurance policies required by this Article
10 in full force and effect at all times during the term of this Agreement, the CITY may treat the
Page 44 of 263
failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self-insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Article 10, including limits, based on the nature of the risk, prior experience,
insurance, coverage, or other special circumstances.
K. If the FIRM maintains broader coverage or higher limits (or both) than the
minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits
(or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the CITY.
Article 11. Drug Free Work Place. The FIRM agrees to comply with the CITY’S
Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the
provision of services shall certify to the CITY that it will provide a drug-free workplace. Any
subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.
Article 12. Non-Discrimination Provisions. The FIRM shall not discriminate against
any subcontractor, vendor, employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The FIRM will take positive action to insure that applicants are employed
without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. Such action shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The FIRM agrees to post in conspicuous places available to
employees and applicants for employment any notices provided by the CITY setting forth the
provisions of this non-discrimination clause.
Article 13. Notification of Change in Form. The FIRM has the right to effect changes
in form including but not limited to the change in form from a partnership to a professional law
corporation; the change in form of any partner or partners from an individual or individuals to a
professional law corporation; the change in form of any corporate partner or partners to any
individual partners. The CITY shall be promptly notified in writing of any change in form.
Article 14. Notices. In all cases where written notice is to be given under this
Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail,
postage paid. When so given, such notice shall be effective from the date of mailing of the notice.
Unless otherwise provided by notice in writing from the respective pa rties, notice to the Agency
shall be addressed to:
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
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cc: Executive Assistant to the City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
and to: Bschultz@nationalcityca.gov
leahm@nationalcityca.gov
Notice to the FIRM shall be addressed to:
Golnar Fozi
Fozi Dwork & Modafferi, LLP
5942 Priestly Drive, Suite 100
Carlsbad, California 92008
and to: gfozi@fdmattorneys.com
Nothing contained in this Agreement shall preclude or render inoperative service
or such notice in the manner provided by law.
Article 15. Administrative Provisions.
A. Time of Essence. Time is of the essence for each provision of this
Agreement.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Headings. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. California Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
E. Integrated Agreement. This Agreement including attachments and exhibits
contains all of the agreements of the parties and all prior negotiations and agreements are merged
in this Agreement. This Agreement cannot be amended or modified except by written agreement,
and mutually agreed upon by the CITY and the FIRM.
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F. Severability. The unenforceability, invalidity, or illegality of any provision
of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
G. Waiver. The failure of the CITY to enforce a particular condition or
provision of this Agreement shall not constitute a waiver of that condition or provision or its
enforceability.
H. Conflict of Interest. During the term of this Agreement, the FIRM shall not
perform services of any kind for any person or entity whose interests’ conflict in any way with
those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a
waiver of a potential conflict of interest under certain circumstances.
I. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or
any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
CITY OF NATIONAL CITY
By: __________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:
By: ____________________________
Barry Schultz Esq., City Attorney
FOZI DWORK & MODAFFERI, LLP
(Corporation – signatures of two corporate officers)
By: ___________________, Esq.
Title: Golnar Fozi, Managing Partner
By: ____________________, Esq.
Title: ___________________________
Page 47 of 263
2024 Agreement Page 1 of 8 City of National City and
Legal Services Burke, Williams & Sorensen, LLP
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
BURKE, WILLIAMS & SORENSEN, LLP
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made as of the ___
day of May 2024 between THE CITY OF NATIONAL CITY, a municipal corporation, (the
“CITY”) and BURKE, WILLIAMS & SORENSEN, LLP, (the “FIRM”). This Agreement sets
forth the parties’ mutual understanding concerning legal services to be provided by the FIRM and
the fee arrangement for said services.
Article 1. Retainer. The CITY hereby retains the FIRM to assist in representing the
CITY in connection with litigation and government claim issues, subject to this Agreement.
Article 2. Effective Date and Term. This Agreement shall be effective on
May_____, 2024 and continue until written notice of cancellation. This Agreement may be
terminated at any time by either party with sixty (60) days’ written notice to the other. Notice of
termination by the FIRM shall be given to the City Attorney.
Article 3. Scope of Services. The CITY shall have the right in its sole discretion to
determine the particular services to be performed by the FIRM under this Agreement. These
services may include the following: consultation with the City Attorney and Risk Management on
government claims, defense of the CITY on litigated matters, advice and counsel to the City
Council, and communications with CITY staff (“Legal Services”). In addition, the CITY may
increase the scope of work with the FIRM’s agreement, and such additional work will be confirmed
via a letter that shall bring such work within the scope of this Agreement. It is expected that the
FIRM will work with the City Attorney and CITY staff.
Article 4. Compensation. Compensation paid under this Agreement shall be as set
forth in the Proposal Letter attached as Exhibit A.
A. The FIRM shall not use more than one attorney for the same specific task
without the CITY’S approval. The FIRM may use the minimum number of attorneys for this
engagement consistent with good professional practice after consulting with and obtaining
approval by the CITY.
B. The FIRM agrees to document a plan and budget consistent with the scope
of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The
CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to
before being incurred by the FIRM.
C. The CITY has appropriated or otherwise duly authorized the payment of an
amount not to exceed $75,000.00 per case for the Legal Services identified in Article 3. In no
event shall the total fees plus out-of-pocket disbursements exceed this amount without written
authorization of the CITY.
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D. The FIRM shall keep the CITY advised monthly as to the level of attorney
hours and client services performed under Article 1. The FIRM will charge the CITY for travel
time from the FIRM’S San Diego Office unless otherwise authorized in advance by the CITY.
E. The CITY further agrees to reimburse the FIRM, in accordance with the
procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries,
document reproduction, client-requested clerical overtime, lodging, and similar out-of-pocket
expenses charged by the FIRM as a standard practice to its clients generally, with the exception of
travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a
statement breaking down the amounts by category of expense. The following items shall not be
reimbursed, unless the CITY has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed
as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone,
postage, receipts or transmission of telecopier documents, or any other items traditionally
associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page.
(4) Auto mileage rates in excess of the rate approved by the Internal
Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime,
the CITY will consider reimbursement on a case-by-case basis. The CITY will not reimburse
overtime incurred for the convenience of the FIRM’S failure to meet deadlines known in advance.
(6) Equipment, books, periodicals, research materials, Westlaw/Lexis
or like items.
(7) Express charges, overnight mail charges, messenger services or the
like, without the CITY’S prior consent. The CITY expects these expenses to be incurred in
emergency situations only. Where case necessity requires the use of these services, the CITY will
consider reimbursement on a case-by-case basis.
(8) Travel and meals.
(9) Late payment charge or interest after 30-days of receipt of approved
invoice.
F. Bills from the FIRM should be submitted to Barry J. Schultz., City
Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and
disbursement records customarily maintained by the FIRM for billing evaluation and review
purposes shall be made available to the CITY in support of bills rendered by the FIRM.
G. The FIRM agrees to forward to the CITY a statement of account for
each one-month period of services under this Agreement, and the CITY agrees to compensate the
FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney
hours and client disbursements which have been incurred to date under this Agreement, and as to
future expected levels of hours and disbursements.
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2024 Agreement Page 3 of 8 City of National City and
Legal Services Burke, Williams & Sorensen, LLP
H. Billing Format. Each billing entry must be complete, discrete and
appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved. For
instance, telephone calls must include the names of all participants.
(b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the
related work product should be reference (“telephone call re: trial brief,” “interview in preparation
for deposition”).
(e) The biller’s professional capacity (partner, associate,
paralegal, etc.) should be included.
(2) Discrete: Each task must be set out as a discrete billing entry;
neither narrative nor block billing is acceptable.
(3) Appropriate.
(a) The CITY does not pay for clerical support, administrative
costs, overhead costs, outside expenses or excessive expenses without prior authorization by the
CITY. For example, the CITY will not pay for secretarial time, word processing time, air
conditioning, rental of equipment, including computers, meals served at meetings, postage, online
research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside
expenses such as messenger delivery fees, outside photocopying, videotaping of depositions,
investigative services, outside computer litigation support services, or overnight mail without prior
authorization by the CITY.
(b) The CITY will pay reasonable late charges and the City will pay
approved monthly invoices within 30 calendar days of receipt.
I. Staffing. Every legal matter should have a primary responsible attorney.
Ultimately, staffing is a CITY decision, and the CITY’S representative may review staffing to
ensure that it is optimal to achieve the goals of the engagement at the least cost.
(2) Once an attorney is given primary responsibility for an engagement,
that person should continue on the legal matter until the matter is concluded or the attorney leaves
the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.
(3) If more than one attorney is going to perform the same task, prior
approval from the CITY must be had. This includes document review.
Article 5. Independent Contractor. The FIRM shall perform services as an
independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM
without prior written consent of the CITY. Retention of the FIRM is based on the particular
professional expertise of the individuals rendering the services required in the Scope of Services.
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Article 6. Confidentiality of Work. All work performed by the FIRM including but
not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or
composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work
product shall be confidential and not released to any third party without the prior written consent
of the CITY.
Article 7. Compliance with Controlling Law. The FIRM shall comply with all
applicable laws, ordinances, regulations, and policies of the federal, state, and local governments
as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and
all directives issued by the CITY or its authorized representatives under authority of any laws
statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and
control the terms and conditions of this Agreement.
Article 8. Acceptability of Work. The CITY shall decide any and all questions which
may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of
performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM
shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall
each prepare a report which supports their position and file the same with the other party. The
CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the
manner of performance or the compensation payable to the FIRM.
Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the
CITY and its agents, officers, employees, and volunteers harmless from and against all claims
asserted or liability established for damages or injuries to any person or property, including injury
to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or
claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees
in performing the work or other obligations under this Agreement, and all expenses of investigating
and defending against same; provided, however, that this indemnification and hold harmless shall
not include any claims or liability arising from the established sole negligence or willful
misconduct of the CITY, its agents, officers, employees, or volunteers.
Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and
maintain throughout the term of this Agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissions) with minimum
limits of $1,000,000 per claim.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
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C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to the “location”. The “location” should be noted with specificity on an endorsement that
shall be incorporated into the policy.
D. Workers’ Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of FIRM’S employees and employers’ liability insurance with
limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver
of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement
of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY
shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of
cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather
than “occurrence” form, the FIRM shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must
be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this
Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct
business in California that hold a current policy holder’s alphabetic and financial size category
rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of
equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is
provided by non-admitted “surplus lines” carriers, they must be included on the most recent List
of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with and
approved by the CITY’S Risk Manager. If the FIRM does not keep all insurance policies required
by this Article 10 in full force and effect at all times during the term of this Agreement, the CITY
may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
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J. All deductibles and self-insured retentions in excess of $10,000
must be disclosed to and approved by the CITY. CITY reserves the right to modify the insuran ce
requirements of this Article 10, including limits, based on the nature of the risk, prior experience,
insurance, coverage, or other special circumstances.
K. If the FIRM maintains broader coverage or higher limits (or both)
than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the FIRM. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the CITY.
Article 11. Drug Free Work Place. The FIRM agrees to comply with the CITY’S
Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the
provision of services shall certify to the CITY that it will provide a drug-free workplace. Any
subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.
Article 12. Non-Discrimination Provisions. The FIRM shall not discriminate against
any subcontractor, vendor, employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The FIRM will take positive action to insure that applicants are employed
without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. Such action shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The FIRM agrees to post in conspicuous places available to
employees and applicants for employment any notices provided by the CITY setting forth the
provisions of this non-discrimination clause.
Article 13. Notification of Change in Form. The FIRM has the right to effect changes
in form including but not limited to the change in form from a partnership to a professional law
corporation; the change in form of any partner or partners from an individual or individuals to a
professional law corporation; the change in form of any corporate partner or partners to any
individual partners. The CITY shall be promptly notified in writing of any change in form.
Article 14. Notices. In all cases where written notice is to be given under this
Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail,
postage paid. When so given, such notice shall be effective from the date of mailing of the notice.
Unless otherwise provided by notice in writing from the respective parties, notice to the Agency
shall be addressed to:
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
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1243 National City Boulevard
National City, CA 91950-4397
and to: Bschultz@nationalcityca.gov
leahm@nationalcityca.gov
Notice to the FIRM shall be addressed to:
Johanna N. Canlas
Burke, Williams & Sorensen, LLP
501 West Broadway, Suite 1600
San Diego, California 92101
and to: jcanlas@bwslaw.com
Nothing contained in this Agreement shall preclude or render inoperative service
or such notice in the manner provided by law.
Article 15. Administrative Provisions.
A. Time of Essence. Time is of the essence for each provision of this
Agreement.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Headings. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. California Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
E. Integrated Agreement. This Agreement including attachments and exhibits
contains all of the agreements of the parties and all prior negotiations and agreements are merged
in this Agreement. This Agreement cannot be amended or modified except by written agreement,
and mutually agreed upon by the CITY and the FIRM.
F. Severability. The unenforceability, invalidity, or illegality of any provision
of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
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G. Waiver. The failure of the CITY to enforce a particular condition or
provision of this Agreement shall not constitute a waiver of that condition or provision or its
enforceability.
H. Conflict of Interest. During the term of this Agreement, the FIRM shall not
perform services of any kind for any person or entity whose interests’ conflict in any way with
those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a
waiver of a potential conflict of interest under certain circumstances.
I. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or
any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
CITY OF NATIONAL CITY
By: __________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:
By: ____________________________
Barry Schultz Esq., City Attorney
BURKE, WILLIAMS & SORENSEN, LLP
(Corporation – signatures of two corporate officers)
By: ___________________, Esq.
Title: Johanna N. Canlas, Partner
By: ____________________, Esq.
Title: ___________________________
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RESOLUTION NO. 2024 -
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.
WHEREAS, the City of National City (“City”) engages outside legal support for specialized
areas; and
WHEREAS, the City is in need of additional law firms to provide specialized legal services
in connection with matters involving Public Agency litigation; and
WHEREAS, Fozi Dwork and Modafferi, LLP and Burke Williams and Sorensen, LLP are
experienced law firms who represent public agencies in all stages of litigation; and
WHEREAS, City staff recommends City Council’s approval to execute 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the Agreement between the City of National City and the law firm
of Fozi Dwork and Modafferi, LLP attached to the Agenda Report as Exhibit A.
Section 2. Approves the Agreement between the City of National City and the law firm
of Burke, Williams and Sorensen, LLP for legal services, attached to the Agenda Report as Exhibit
B.
Section 3: The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
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AGENDA REPORT
Department: Community Development
Prepared by: Angelita Palma, Housing Manager
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Agreement with MDG Associates, LLC, for the HUD Five-Year Consolidated Plan and Related
Documents
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
RFP for HUD CPD Consolidated Plan & Related Documents
The National City Housing Authority released a Request for Proposals (RFP) on November 6,
2023 for a consulting firm with experienced principal staff to engage in outreach efforts and
development of the U.S. Department of Housing and Urban Development (“HUD”) Community
Planning Development Programs (“CPD”) Consolidated Plan and related documents for fiscal
years (FY) 2025-2029 in accordance with all applicable requirements as prescribed in the Code
of Federal Regulations (“CFR”).
Staff recommends funding MDG Associates, LLC’s (MDG) proposal for consulting services to
prepare the Consolidated Plan and related documents for (FY) 2025-2029. MDG has
demonstrated experience providing consulting services and technical assistance in HUD CPD
programs and has been contracted by HUD and multiple jurisdictions to provide technical
assistance to grantees.
Specifications
MDG Associates, LLC, in conjunction with the National City Housing Authority, will prepare the
Consolidated Plan for the period July 1, 2025 - June 30, 2030, including the preparation of the
2025 Annual Action Plan (July 1 2025 to June 30, 2026). MDG will also work with the City’s staff
on other HUD-related plans and requirements.
MDG, under the direction of the City’s Housing Authority staff, will prepare and update the draft
documents listed below in accordance with all applicable federal, state, and local policies,
standards, and regulations.
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1) Consolidated Plan (Con Plan) and One-Year Action Plan to implement the strategic plan
for 2025-2026 per 24 CFR 91
2) Update the Citizen and Community Participation (CCPP) per 24 CFR 91.105
3) Environmental Justice Scorecard per Executive Order 14008
4) Update the draft Language Access Plan (LAP)/Limited English Proficiency (LEP) Plan per
the Title VI Civil Rights Act of 1964 & Executive Order 13166
5) Regional Assessment to Fair Housing (AFH) Plan per 24 CFR 5.15
6) Regional Equity Action Plan per 24 CFR 5.150 and proposed rule 2529-AB05
There will be a thorough community engagement process, per HUD requirements, that fosters
meaningful involvement of National City residents in developing the documents. MDG will assist
Housing Authority staff to develop and deploy an outreach and community engagement strategy
that seeks to involve as broad a spectrum of stakeholders as possible. MDG and staff will utilize
the eCon Planning Suite format and best practices as the basis for constructing the plans. MDG
will compile, organize, and tabulate data and other information available through the City, HUD,
the U.S. Census Bureau, and other public and private organizations, as well as input gathered
from the public participation process to complete the required plan components and integrate
additional information as needed. The work will be completed within the timeframes provided by
HUD and Housing Authority staff.
About MDG Associates, LLC
MDG was established in 1991 and has undergone steady growth since then. It is a limited liability
company registered in California as a Minority Business Enterprise (MBE) and Small Business
(SB) with the State of California. MDG Associates, LLC, is comprised of individuals with a wide
variety of expertise, including the services specifically requested by the City through the RFP.
MDG staff members are specialists in HUD plans, programs, and activities.
FINANCIAL STATEMENT:
HUD CPD Entitlement Grant Administration Funds will be used to cover the costs associated with
the development of the Consolidated Plan and related documents in a not-to-exceed amount of
$85,000. Of that amount, $30,000 from expenditure account 301-419-462-299-0000 (CDBG
Fund) and $20,000 from 505-419-462-299-0000 (HOME Fund) from FY 2024 will fund part of the
agreement. The remaining amount of $35,000 will be included in the FY 2025 budget using
expenditure account 301-419-462-299-0000.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Agreement
Exhibit B - Resolution
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Standard Agreement Page 1 of 13 City of National City and
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
MDG ASSOCIATES LLC
THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a
municipal corporation (“CITY”), and MDG ASSOCIATES LLC a California limited liability
company”).
R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT for the development of the
Consolidated Plan and related documents described in Exhibit “A” for Fiscal Years (FY) 2025-
2029.
WHEREAS, the CITY has determined that the CONSULTANT has demonstrated
experience providing consulting services and technical assistance in HUD Community Planning
Development (“CPD”) programs and has been contracted by HUD and multiple jurisdictions to
provide technical assistance for these services. MDG is qualified by experience and ability to
perform the services desired by the CITY, and the CONSULTANT is willing to perform such
services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT for the development of the Consolidated Plan and related documents described
in Exhibit “A” for Fiscal Years (FY) 2025-2029, and the CONSULTANT agrees to perform the
services set forth here in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall
not become effective and binding until fully executed by both the CITY and CONSULTANT. The
duration of this Agreement is from the effective date through June 30, 2026. Completion dates or
time durations for specific portions of the project are set forth in Exhibit “A”. This Agreement may
be extended by mutual agreement upon the same terms and conditions for an additional one (1)
year term. The Parties may exercise up to three (3) one-year extensions. Any extension of this
Agreement must be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth
in the attached Exhibit “A”.
The CONSULTANT shall be responsible for all research and reviews related to the
work and shall not rely on personnel of the CITY for such services, except as authorized in advance
by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff
and City Council advised of the progress on the project.
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The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Angelita Palma, Housing
Manager hereby is designated as the Project Coordinator for the CITY and will monitor the
progress and execution of this Agreement. The CONSULTANT shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONSULTANT. Clint Whited, Senior Vice President thereby is designated
as the Project Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall
include labor classifications, respective rates, hours worked and, also materials, if any. The total
cost for all work described in Exhibit “A” shall not exceed $85,000. The compensation for the
CONSULTANT’s work shall not exceed the rates set forth in Exhibit “A.” Monthly invoices will
be processed for payment and remitted within thirty (30) days from receipt of invoice, provided
that work is accomplished consistent with Exhibit “A”, as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
five (5) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance, and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10)
business days, the CONSULTANT and the CITY shall each prepare a report which supports their
position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance, and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
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Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY’s prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify,
assign, transfer, or in any other way, medium, or method utilize the CONSULTANT’s written
work product for the CITY’s purposes, and the CONSULTANT expressly waives and disclaims
any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual
property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15,
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of Services of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’s
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY’s employees, including but not limited to retirement, medical, unemploy-
ment, or workers’ compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT’s employees, and it is recognized by the parties that a substantial inducement
to the CITY for entering into this Agreement was, and is, the professional reputation and
competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest
herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.
Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as
many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONSULTANT with its
SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable
terms of this Agreement.
9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT’s employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’s agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY
and CONSULTANT’s obligations to the CITY are solely prescribed by this Agreement.
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10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and federal
statutes and regulations, and all applicable ordinances, rules, and regulations of the City of
National City, whether now in force or subsequently enacted. The CONSULTANT and each of its
SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. CONSULTANT must promptly produce a copy of any such
license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT’s trade or profession currently practicing under similar conditions
and in similar locations. The CONSULTANT shall take all special precautions necessary to protect
the CONSULTANT’s employees and members of the public from risk of harm arising out of the
nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding,
been debarred by a governmental agency or involved in debarment, arbitration, or litigation
proceedings concerning the CONSULTANT’s professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes, or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when
no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products,
materials, processes, or treatments identified in the project documents prepared for the CITY are
reasonably commercially available. Any failure by the CONSULTANT to use due diligence under
this sub-section will render the CONSULTANT liable to the CITY for any increased costs that
result from the CITY’s later inability to obtain the specified items or any reasonable substitute
within a price range that allows for project completion in the time frame specified or, when not
specified, then within a commercially reasonable time.
13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the
CITY’s Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the
provision of services shall certify to the CITY that it will provide a drug-free workplace. Any
subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this
provision.
14. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
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ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital
status, national origin, physical handicap, or medical condition. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by the CITY
setting forth the provisions of this non-discrimination clause.
15. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 15, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions,
or other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm, or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 16.
16. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent
provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from any and
all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims,
demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or
nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT’s performance or other obligations under this Agreement;
provided, however, that this indemnification and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the CITY, its agents,
officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action,
and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
17. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
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17.1 PERS Eligibility Indemnification. If CONSULTANT’s employee(s) providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or the
California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS
of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment
of any employer and employee contributions for PERS benefits on behalf of the employee as well
as for payment of any penalties and interest on such contributions which would otherwise be the
responsibility of the CITY.
CONSULTANT’S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under
PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid
by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue
to a CITY employee. CONSULTANT’s employees hereby waive any claims to benefits or
compensation described in Section 17. This Section 17 applies to CONSULTANT notwithstanding
any other agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary.
17.2 Limitation of CITY Liability. The payment made to CONSULTANT under this
Agreement shall be the full and complete compensation to which CONSULTANT and
CONSULTANT’s officers, employees, agents, and subcontractors are entitled for performance of
any work under this Agreement. Neither CONSULTANT nor CONSULTANT’s officers,
employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health,
leave, or other fringe benefits applicable to CITY employees. The CITY will not make any federal
or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any
workers’ compensation insurance on behalf of CONSULTANT.
17.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers’ compensation payment which the CITY may be required to make on behalf of (1)
CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT
construed to be an employee of the CITY, for work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement.
18. WORKERS’ COMPENSATION. The CONSULTANT shall comply with all of
the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California,
the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments
thereto; and all similar state or federal acts or laws applicable; and shall indemnify, and hold
harmless the CITY and its officers, employees, and volunteers from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description,
including reasonable attorney’s fees and defense costs presented, brought, or recovered against the
CITY or its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the CONSULTANT under
this Agreement.
19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following insurance policies:
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A. If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non-owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to this “project” or “location”. The “project” or “location” should be noted with specificity
on an endorsement that shall be incorporated into the policy.
D. Workers’ Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT’s employees and employers’ liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers’
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of
cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather than
“occurrence” form, the CONSULTANT shall maintain such insurance coverage for three (3) years
after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date
must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section
shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business
in California that hold a current policy holder’s alphabetic and financial size category rating of not
less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial
stability that is approved by the CITY’s Risk Manager. In the event coverage is provided by non-
admitted “surplus lines” carriers, they must be included on the most recent List of Approved
Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
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I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by the
CITY’s Risk Manager. If the CONSULTANT does not keep all insurance policies required by this
Section 19 in full force and effect at all times during the term of this Agreement, the CITY may
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self-insured retentions in excess of ten-thousand dollars
($10,000) must be disclosed to and approved by the CITY. CITY reserves the right to modify the
insurance requirements of this Section 19, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or both)
than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the CITY.
20. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court
settlement, shall be entitled to have and recover of and from the other party all costs and expenses
of suit, including attorneys’ fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred
by the CITY in its prosecution or defense of the action, irrespective of the actual amount of
attorney’s fees incurred by the prevailing party.
21. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon sixty (60) day’s written notice to the
CONSULTANT. During said sixty (60) day period the CONSULTANT shall perform all services
in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for cause
in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused the CITY by the CONSULTANT’s breach, if any. Thereafter, ownership of said written
material shall vest in the CITY all rights set forth in Section 7.
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E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization,
change in business name, or change in business status of the CONSULTANT.
22. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile, or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed
by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy,
facsimile, or fax, when sent. Any notice, request, demand, direction, or other communication
delivered or sent as specified above shall be directed to the following persons:
To CITY: Angelita Palma
Housing Manager
Community Development Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT: MDG Associates LLC
Att.: Rudy E. Munoz, President
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Notice of change of address shall be given by written notice in the manner specified
in this Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request, or communication sent. Any notice, request, demand, direction, or other communication
sent by cable, telex, telecopy, facsimile, or fax must be confirmed within forty-eight (48) hours by
letter mailed or delivered as specified in this Section.
23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process, or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
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position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or
expenses the CITY may suffer by virtue of any violation of this Section 23 by the CONSULTANT.
24. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wage rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3,
1720.4, and 1771. Consultant is solely responsible to determine if state prevailing wage rates apply
and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.
25. Consultant Provisions.
A. Applicability of Uniform Administrative Requirements In performing under
this Agreement, the requirements of 2 CFR part 200 apply to the CONSULTANT.
B. Consolidated Submissions for Community Planning and Development
Programs. In performing under this Agreement, the requirements of 24 CFR part 91 apply to the
CONSULTANT.
C. Affirmatively Furthering Fair Housing General HUD Program
Requirements; Waivers Generally Applicable Definitions and Requirements; Waivers. In
performing under this Agreement, the requirements of 24 CFR Subtitle “A” part 5 Subpart “A”
apply to the CONSULTANT.
D. Improving Access to Services for Persons with Limited English Proficiency. In
performing under this Agreement, the requirements of Title VI & Executive Order 13166 apply to
the CONSULTANT.
E. Lobbying Disclosure Requirements In accordance with the requirements of 24
CFR part 87.
F. Drug-Free Workplace Recipients and subrecipients receiving funds from HUD
are subject to 2 CFR Part 2429, which implements the Drug-Free Workplace Act of 1988 (41
U.S.C. 701, et seq.), as amended, and required to provide a drug-free workplace.
G. Environmental Review While the CITY is responsible for environmental reviews
and determinations under this Agreement, CONSULTANT will cooperate and assist in
documenting the environmental status of each assisted unit, including but not limited to the initial
preparation of an Environmental Review for the work performed in Exhibit “A,” that is Exempt or
Categorically Excluded Not Subject to Section 58.5 checklist. In no case will CONSULTANT
execute the work in Exhibit “A” with respect to a specific unit to be assisted without notification
from the CITY that the PROGRAM is either exempt from environmental review or that needed
reviews have been completed.
H. Compliance with Other Federal Requirements CONSULTANT must
comply with all applicable federal requirements for the work performed in Exhibit “A.”
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26. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday, or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONSULTANT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties
shall be subject to the examination and audit of the State Auditor for a period of three (3) years
after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise made
by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of the
CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
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of the CITY, both the insurance provisions in Section 19 and the indemnification and hold harmless
provision of Section 16 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation, and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
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Exhibit “A” City of National City and
MDG Associates, LLC
Exhibit “A”
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY
AND
MDG ASSOCIATES LLC
SCOPE OF WORK
MDG Associates LLC (“MDG”), under the direction of the City’s Housing Authority staff (“City
Staff”), will prepare and update the HUD-required documents listed below in accordance
with all applicable federal, state, and local policies, standards, and regulations. Per the
City’s RFP, MDG may anticipate leading in the development of the documents.
1) Citizen and Community Participation (CCPP)
2) Consolidated Plan (Con Plan) to include the Year One Annual Action Plan
(AAP)
3) Environmental Justice Scorecard
4) Language Access Plan (LAP)/Limited English Proficiency (LEP) Plan
5) Regional Assessment to Fair Housing (AFH) Plan
6) Regional Equity Action Plan
MDG and City staff will pursue a thorough community engagement process that fosters the
meaningful involvement of National City residents. MDG will work with City staff to develop
and deploy an outreach and community engagement strategy that seeks to involve as broad
a spectrum of stakeholders as possible. The documents and community outreach will be
completed within the timeframes provided by staff and regulatory bodies.
MDG will utilize the eCon Planning Suite format and best practices as the basis for
constructing the plans. MDG will review, compile, organize, and tabulate data and other
information available through the City, HUD, the U.S. Census Bureau, and other public and
private organizations, as well as input gathered from the public participation process to
complete the required plan components and integrate additional information as needed.
Meetings, briefings, Public Hearings, public outreach, office hours, public notices, staff
reports, etc.
The Scope of Services to be provided includes:
1. Citizen and Community Participation Plan (CCPP) per 24 CFR 91.105
a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online.
c) Update and Format CCPP
d) Staff Report (1)
e) Public Hearing (1)
f) Develop and disseminate content for public participation, including but not
limited to flyers, social media, website content, email blasts, and surveys. All
content will be disseminated using the City’s applicable platform accounts.
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Exhibit “A” City of National City and
MDG Associates, LLC
2. Consolidated Plan (Con Plan) per 24 CFR 91
a) Weekly staff meetings - 30 minutes, online
b) Consulting services and technical assistance as needed via phone or online
c) Draft Consolidated Plan for July 1, 2025, through June 30, 2029, and One-Year
Action Plan to implement the strategic plan for 2025-2026
d) Final Consolidated Plan and One-Year Action Plan Formatted for public review
and input into IDIS
e) Public Hearings (2), in-person
f) Council briefings (3), online
g) Staff Reports (2)
h) Webinar (1), 1-2 hours, online
i) Workshop (1), 1-2 hours, in-person
j) Community and stakeholder meetings for public participation. Development
and distribution of content for public participation, including but not limited to
flyers, social media, website content, email blasts, and surveys. All content will
be disseminated using the City’s applicable platform accounts.
3. Language Access Plan (LAP)/Limited English Proficiency (LEP) Plan per Title VI &
Executive Order 13166
a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online.
c) Update Draft Plan and format Plan for public review.
d) Staff Report (1)
e) Public Hearing (1), in-person
f) Webinar (1), 1-2 hours, online
g) Workshop (1), 1-2 hours, in-person
h) Develop and disseminate content for public participation, including but not
limited to flyers, social media, website content, email blasts, and surveys. All
content will be disseminated using the City’s applicable platform accounts.
4. Regional Assessment to Fair Housing (AFH) Plan per 24 CFR 5.150
a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online.
c) National City AFH Data and Reports – TBD
d) Staff Report (1)
e) Public Hearing (1), in-person
f) Webinar (1), 1-2 hours, online
g) Workshop (1), 1-2 hours, in-person
h) Develop and disseminate content for public participation, including but not
limited to flyers, social media, website content, email blasts, and surveys. All
content will be disseminated using the City’s applicable platform accounts.
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Exhibit “A” City of National City and
MDG Associates, LLC
5. Regional Equity Action Plan per 24 CFR 5.150 and proposed rule 2529-AB05
a) Staff meetings (2) - 30 minutes each, online
b) Technical Assistance as needed via phone or online
c) Provide responses to questions from the consultant drafting the Regional Plan
d) Staff Report (1)
e) Public Hearing (1), in-person
f) Develop and disseminate content for public participation, including but not
limited to flyers, social media, website content, email blasts, and surveys. All
content will be disseminated using the City’s applicable platform accounts.
6. Annual Environmental Justice Scorecard
a) Staff meetings 2) – 30 minutes each, online
b) Technical Assistance as needed via phone or online
c) Draft Report (Scorecard) and format for public review
d) Staff Report (1)
e) Public Hearings (1) (approximately April/May 2025)
f) Develop and disseminate content for public participation as required by
federal regulations.
BUDGET
MDG proposes a not-to-exceed overall budget of $85,000 to support the City of National
City in developing its 2025-2029 HUD Consolidated Plan and Related Documents.
The not-to-exceed budget to support the City of National City in developing its
Consolidated Plan and related documents includes 547 total labor hours distributed based
on the level of effort expected from each member of the project team, our current hourly
billing rates, and travel for the Project Manager to attend a total of three (3) in-person
meetings / hearings for this project. In accordance with the RFP, our detailed proposal
budget suggests combining the required in-person meetings / hearings into a total of three
distinct site visits.
Per the City’s RFP, the following table details, the hourly wages/salaries of personnel
assigned, the estimated number of hours per person per work plan deliverable, totals, and
other anticipated material costs. Including travel expenses showing how travel time is
billable.
Any additional consulting services and technical assistance requested by the City that are
not part of the scope of work delineated in the RFP will be billed at the hourly rates listed at
the end of the summary budget table.
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Exhibit “A” City of National City and
MDG Associates, LLC
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Exhibit “A” City of National City and
MDG Associates, LLC
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Exhibit “A” City of National City and
MDG Associates, LLC
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RESOLUTION NO. 2024 -
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.
WHEREAS, as an entitlement community, the City of National City ("City'') administers the
Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act
("HOME") Program for the Federal Government under the United States Department of Housing
and Urban Development ("HUD") Community Planning Development Programs (“CPD”); and
WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare
and submit a Five-Year Consolidated Plan and Annual Action Plans and other HUD-related
documents; and
WHEREAS, the Housing Authority released a Request for Proposals (RFP) on November
6, 2023, for a consulting firm with experienced staff in HUD CPD requirements; and
WHEREAS, staff reviewed MDG Associates LLC’s (“MDG”) proposal and determined that
MDG has demonstrated experience and expertise in providing consulting services and technical
assistance in HUD CPD programs; and
WHEREAS, staff recommends funding MDG proposal for consulting services in the not-
to-exceed amount of $85,000 to prepare the Consolidated Plan and related documents, and to
provide staff technical assistance with HUD-related matters; and
WHEREAS, the agreement with MDG will be paid for by HUD CPD entitlement grant
administration funds in a not-to-exceed amount of $85,000 of which $30,000 comes from
expenditure account 301-419-462-299-0000 (CDBG Fund) and $20,000 from account 505-419-
462-299-0000 (HOME Fund) from FY 2024 with the remaining amount of $35,000 to be included
in the FY 2025 budget using expenditure account 301-419-462-299-0000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes entering into an Agreement between
the City of National City and MDG Associates, LLC, in a not-to-exceed amount of $85,000 for the
development of the Consolidated Plan and related documents for Fiscal Years (FY) 2025-2029,
and authorizes the City Manager or his designee to execute the agreement.
Section 2: That the City Council hereby authorizes the agreement to be funded from HUD
CPD entitlement grant administration funds in a not-to-exceed amount of $85,000 of which
$30,000 comes from expenditure account 301-419-462-299-0000 (CDBG Fund) and $20,000
from account 505-419-462-299-0000 (HOME Fund) from FY 2024 with the remaining amount of
$35,000 to be included in the FY 2025 budget using expenditure account 301-419-462-299-0000.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
Page 78 of 263
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 79 of 263
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Approval of City Council Meeting Minutes
RECOMMENDATION:
Approve and File.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Meeting Minutes:
Special City Council Meeting of April 2, 2024
Regular City Council Meeting of April 2, 2024
Regular City Council Meeting of April 16, 2024
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Special City Council Meeting of April 2, 2024
Exhibit B – Regular City Council Meeting of April 2, 2024
Exhibit C – Regular City Council Meeting of April 16, 2024
Page 80 of 263
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
Present: Councilmember Bush
Councilmember Rodriguez
Councilmember Molina
Vice-Mayor Yamane
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at
4:41 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, Rodriguez, Molina, Yamane, Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Yamane led the Pledge of Allegiance.
4. PUBLIC COMMENT
One (1) Verbal Comment: Leah Munoz
5. CLOSED SESSION
Members retired into Closed Session at 4:46 p.m. Bush, Rodriguez, Yamane, Molina, and
Morrison
All members returned to the Open Session at 6:06 p.m. with all members present in
attendance: Bush, Rodriguez, Yamane, Molina, and Morrison
April 2, 2024, 4:30 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Page 81 of 263
5.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be Reviewed: City Attorney
6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National
City, on Tuesday, April 2, 2024, at 6:00 p.m. in the Council Chamber, located in City Hall,
1243 National City Boulevard, National City, California.
The meeting adjourned at 6:06 p.m.
__________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 7, 2024.
__________________________
Ron Morrison, Mayor
Page 82 of 263
REGULAR MEETING MINUTES OF THE CITY COUNCIL
April 2, 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: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Danielle Ghio, Acting City Librarian
Alex Hernandez, Chief of Police
Martha Juarez, Assistant Director of Engineering/Public Works
Sergio Mora, Fire Chief
Myra Martinez, Management Analyst II, Library
Paul Valadez, Budget Manager
____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at
6:06 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, Molina, Rodriguez, Yamane, Morrison
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Molina led the Pledge of Allegiance.
Page 83 of 263
4. INVOCATION
Delivered by the Reverend Roberto Maldonado of St. Matthews National City
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.
Eleven (11) speakers provided in-person comment and four (4) people provided virtual
comment.
In-person Comment: Virtual Comment:
Sherry Gogue Becky Rapp
Socorro Jimenez Peggy Walker
Jacqueline Reynoso Barbara Gordon
Edward Nieto Megan Stewart
Paul Wapnowski
Ricardo Sanchez
Caroline Duffy
Sylvia Garner
Dukie Valderrama
Adriana Huerta
Eriq Vargas (ACCE)
ITEM TAKEN OUT OF ORDER
PUBLIC HEARING
9.3 Ordinance for Introduction – Unauthorized Camping or Encampments on Public Property
Barry Schultz, City Attorney introduced the item and gave an overview of the Ordinance.
City Attorney Schultz introduced Ashlin Lutz, Deputy City Attorney.
Mayor Morrison declared the Public Hearing open at 7:23 p.m.
Public Comments:
Thirteen (13) speakers provided in-person comment and one (1) person provided virtual
comment.
In-person Comment:
Natalie Raschke – Live Experience Advisers (LEA)
Julie Porter (LEA)
Richard Sieba (LEA)
Rachel Hayes
Ilka H. Weston Justice Overcoming Boundaries
Paul Wapnowski
Sean Sampsell
Eric R. Quinones
Edward Nieto
Page 84 of 263
Levi Fiafaglione (LEA)
Natalia Rodriguez Justice Overcoming Boundaries
Lauren Kipp Justice Overcoming Boundaries
Eriq Vargas (ACCE)
One (1) via Zoom: John Brady
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez
to close the public hearing.
Motion carried by unanimous vote.
The Public Hearing closed at 7:55 p.m.
Recommendation: Introduce Ordinance by First Reading, entitled, “Ordinance of
the City Council of the City of National City, California, Amending Title 10 of the
National City Municipal Code by Repealing and Reserving Section 10.52.010(W);
Amending Title 10 by Adding Chapter 10.56, All Pertaining to Regulating
Encampments on Public Property to Establish a Standard for the Protection of the
Life, Health, and Safety of All People, and Sensitive Public Lands within the City
of National City.”
Councilmember Bush left the dais at 7:52 p.m. and returned at 7:55 p.m.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina:
Make a motion that we have staff do further research on this encampment ban and do a
comprehensive look at solutions to alleviate the homeless crisis; Direct staff to:
o Immediately address unsafe conditions and encampments in public property
under existing code
o Provide a legal analysis on the question of whether the City can legally enforce
the encampment ban if the only facility is a private facility.
o Bring back empirical data or evidence that the increase of our unsheltered
population is indeed because of the City of San Diego
o The success, outcome, data on the City of San Diego
o Have a map of affected areas
o Work with the County Health & Human Services and Supervisor Nora Vargas on
funding, conservatorship, possibility of shelter or detox facility to deal with those
on the street with severe mental illness
o Consider a feasibility study on comprehensive approach to homelessness;
Rental market
To return to the City Council no later than the first meeting of June, (June 4, 2024).
Motion carried by unanimous vote.
Mayor Morrison called for a recess at 8:49 p.m. and the Councilmembers returned to the dais at
9:00 p.m.
Page 85 of 263
6. PROCLAMATIONS AND RECOGNITION
6.1 Proclamation – “San Diego County Fair Day”
Mayor Morrison introduced and presented the Proclamation to Luis Valdivia,
Marketing Specialist, and Tristan Hallman, Chief Communications Officer with the
San Diego County Fair.
6.2 Fair Housing Month
Mayor Morrison introduced and presented the Proclamation to Leticia Munguia,
CSA Board of Directors on behalf of Executive Director Estela De Los Rios.
6.3 Introduction of New City Employees
Mayor Morrison introduced Police Chief Hernandez, who introduced Krystal
Alvarado, and Martha Juarez, Assistant Director of Engineering and Public
Works, introduced Genaro Chavez.
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes
each)
Councilmember Rodriguez – No Report.
Councilmember Bush – No Report.
Councilmember Molina reported on SANDAG.
Vice-Mayor Yamane – No Report
Mayor Morrison provided an update on the business of SANDAG.
Port of San Diego Commissioner Sandy Naranjo provided a report on the recent Board
Meeting.
8. CONSENT CALENDAR
Motion by Councilmember Bush, seconded by Councilmember Molina to approve Consent
Calendar Items 8.1 through 8.6.
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 City Council FY 24 Budget Summary through March 8, 2024
Approve and file the City Council Budget Summary Report.
Motion carried by unanimous vote.
Page 86 of 263
8.3 Temporary Use Permit – National Day of Prayer Sponsored by New Covenant
Tabernacle at Kimball Park Bowl on Thursday, May 2, 2024, with No Waiver of
Fees.
Motion carried by unanimous vote.
8.4 Warrant Register #33 for the period of 2/9/24 through 2/15/24 in the amount of
$1,166,053.95.
Ratify Warrants Totaling $1,166,053.95
Motion carried by unanimous vote.
8.5 Warrant Register #34 for the period of 2/16/24 through 2/22/24 in the amount of
$1,808,028.03.
Ratify Warrants Totaling $1,808,028.03
Motion carried by unanimous vote.
8.6 Warrant Register #35 for the period of 2/23/24 through 2/29/24 in the amount of
$397,314.25.
Ratify Warrants Totaling $397,314.25
Motion carried by unanimous vote.
9. PUBLIC HEARING
9.1 Public Hearing and Resolution Approving the Fiscal Year 2024-2025 Streamlined
Annual Public Agency Plan for the Section 8 Housing Choice Voucher Program
Adopted Resolution No. 2024-90
Community Development Director Carlos Aguirre introduced the item.
Mayor Morrison declared the Public Hearing open at 9:18 p.m.
There were no public comments.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to
close the public hearing.
Motion carried by unanimous vote.
The Public Hearing closed at 9:19 p.m.
Recommendation: Conduct the Public Hearing and Adopt a Resolution Entitled,
“Resolution of the Community Development Commission–Housing Authority of the
City of National City, California, Approving the Streamlined Annual Public Housing
Agency Plan for the Housing Choice Voucher Program for Fiscal Year 2024-2025,
and Authorizing the Submittal of the Plan to the U.S. Department of Housing and
Urban Development.”
Page 87 of 263
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to
adopt the resolution.
Motion carried by unanimous vote.
9.2 Second Reading and Adoption of Ordinances Amending the Westside Specific
Plan and Title 18 of the Municipal Code.
Adopted Ordinance Nos. 2024-2528 and 2024-2529
Community Development Director Carlos Aguirre introduced the item.
Mayor Morrison declared the Public Hearing open at 9:20 p.m.
One (1) public comment was received from Mikhaila Arroela
One (1) written comment was received from Ted Godshalk.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez
to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 9:23 p.m.
Recommendation: Second Reading and Adoption of the Ordinances Entitled:
ACTION: Motion by Councilmember Molina, seconded by Councilmember
Rodriguez to Adopt Ordinance No. 2024-2528, “An Ordinance of the City Council
of the City of National City, California, Adopting the Westside Specific Plan
Amendment and Amending the Zoning Text and Map of the Westside Specific
Plan;”
Motion carried by unanimous vote.
and,
ACTION: Motion by Councilmember Molina, seconded by Councilmember
Rodriguez to Adopt Ordinance No. 2024-2529, “An Ordinance of the City Council
of the City of National City, California, Adopting Municipal Code Chapter 18.49 to
Provide Objective Design Standards for Housing Development, Adopting Chapter
18.50 to Provide a Floor Area Ratio Bonus Program, Adopting Amendments to
Chapter 18.29 (Overlay Zones) to Create a Mixed-Use Overlay Zone to Allow
Residential Development on Certain Parcels Zone CL and CS, and Amending
Chapter 18.10 (Understanding the Land Use Code), Chapter 18.12 (Permits and
Applications), Chapter 18.22 (Commercial Zones), Chapter 18.24 (Mixed-Use
Corridor and District Zones), Chapter 18.30 (Specific Use Regulations), Chapter
18.48 (Residential Density Bonus and Affordable Housing Incentives), and
Chapter 18.60 (Glossary) as well as other Amendments to Revise Title 18.”
Motion carried by unanimous vote.
Page 88 of 263
10. STAFF REPORTS
10.1 Selection of National City Public Library Mural
Myra Martinez, Management Analyst II, Library, gave the report and PowerPoint
presentation.
Recommendation: Library staff recommends that the City Council select the image
of the mural to be installed.
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane,
to allow the Public Arts Committee and the Board of Library Trustees to review
the artwork and provide the City Council with a recommendation.
Motion carried by unanimous vote.
10.2 Fiscal Year 2024 Mid-Year Budget Status Report
Adopted Resolution No. 2024-25
Paul Valadez, Budget Manager, provided a summary of the mid-year budget
report.
One (1) in-person Public Comment: Ed Nieto
Recommendation: Accept the Report and Adopt the Resolution Entitled:
“Resolution of the City Council of the City of National City, California, Authorizing
Various Fiscal Year 2024 Budget Adjustments”
ACTION: Motion by Councilmember Molina, seconded by Councilmember
Rodriguez to adopt the resolution.
Motion carried by unanimous vote.
10.3 Discussion and Direction Regarding Proposed City Councilmember Budget Policy
Barry Schultz, City Attorney provided the report.
Recommendation: Review and Discuss Proposed Policy; Provide Direction to City
Staff Regarding Modifications and Potential Adoption of Proposed Policy.
Councilmember Bush left the dais at 10:04 p.m. and returned at 10:05 p.m.
Seven (7) speakers provided in-person comment:
Daniel Perez
Randi Salgado
Sean Sampsell
Joan Rincon
Ricardo Sanchez
Ed Nieto
Sherry Gogue
Page 89 of 263
Mayor Morrison appointed two members to an Ad Hoc Committee to receive recommendations
from Councilmembers through the City Attorney. Members of the Ad Hoc Committee will be
Mayor Morrison and Vice-Mayor Yamane.
At 10:39 p.m., Mayor Morrison 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 to complete the remaining
items. Motion by Councilmember Molina and seconded by Councilmember Bush.
11. CITY MANAGER’S REPORT
No report.
12. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.
13. 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 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be reviewed: City Attorney
14. ADJOURNMENT
Mayor Morrison adjourned the meeting to the Regular Meeting of the City Council of the
City of National City on Tuesday, April 16, 2024, 6:00 p.m. in the Council Chamber,
located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 10:53 p.m.
________________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of May 7, 2024.
________________________________
Ron Morrison, Mayor
Page 90 of 263
REGULAR MEETING MINUTES OF THE CITY COUNCIL
April 16, 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 (via Zoom)
Mayor Morrison
Others Present: 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
_____________________________________________________________________
Page 91 of 263
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 caII—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.
Page 92 of 263
In-Person Public Comment: Written Comment:
Vincent Yanez Coalition for Fair Employment in Construction
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
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.
Page 93 of 263
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
Motion carried by unanimous vote.
10.2 Approval of City Council Meeting Minutes.
Approve and file.
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.
Page 94 of 263
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.
Page 95 of 263
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.
Page 96 of 263
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.
Page 97 of 263
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.
Page 98 of 263
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.
Page 99 of 263
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 staff's 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.
Page 100 of 263
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.
Page 101 of 263
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.
__________________________________
Tonya Hussain, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of May 7, 2024.
________________________________
Ron Morrison, Mayor
Page 102 of 263
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk’s Office
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Biennial Review and Adoption of Resolution Amending the National City Conflict of Interest Code.
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Background
Government Code Section 87306.5 requires no later than July 1 of each even-numbered year,
the City Council, as the Code reviewing body for the City departments, must review the Conflict
of Interest Code, list of designated reporting positions, and the resp ective disclosure categories.
The purpose of this review is to provide reasonable assurance that all foreseeable potential
conflict of interest situations involving City Elected Officials, City employees, Consultants, and
Members of listed Boards, Commissions and Committees will be disclosed or prevented. State
law also mandates that upon completion of the review of the Conflict of Interest Code, the Code
should be amended to reflect any changes necessitated by the review, including new and/or
different positions, duties and responsibilities.
A public official has a financial interest in a decision if it is reasonably foreseeable that the decision
will have a material financial effect distinguishable from its effect on the public generally on the
official, a member of their immediate family (spouse, registered domestic partner and dependent
children), or on any economic interest. Government Codes Section 87103.
No public official at any level of State or local government shall make, participate in making or in
any way attempt to use their official position to influence a governmental decision in which he or
she knows or has reason to know that they have a financial interest. Government Code Section
87100.
The term “public official” includes every member, officer, employee, or consultant of a local
agency. “Member” includes boards, commission, and committee members who possess decision
making authority per Regulation 18701 (a)(1)
Page 103 of 263
An official “makes” a decision when they:
Vote on a matter;
Approve the Budget;
Adopt Policy
Enter into contractual agreements; or,
Make purchases.
Participates in a Decision means:
Negotiating the terms of a Contract;
Writing the Specification of a Bid; or,
Advising or making recommendations to the decision-making or governing body without
significant intervening substantive review.
City Conflict of Interest Code
Staff has completed a review of Appendix A of Designated Filers and is requesting the City
Council adopt the proposed Resolution which will amend the Conflict of Interest Code. The
Appendix has been updated with the following positions which have been established or abolished
since the last review in 2022, and amendments suggested based on actual responsibilities of the
positions.
Code Filer Newly Established Positions or Changes in Titles:
Assistant Director of Community Development, City Manager Reorganization
approved 2/6/24
Building Official
City Librarian, City Manager Reorganization approved 2/6/24
Community Services Director
Crime & Intelligence Analyst, Resolution No. 2023-39
Deputy City Manager, City Manager Reorganization approved 2/6/24
Director of Finance, City Manager Reorganization approved 2/6/24
Equipment Mechanic I, Resolution No. 2023-60
Equipment Mechanic II
Executive Assistant III, City Manager Reorganization approved 2/6/24
Fire Inspector I, Resolution No. 2023-113
Fire Inspector II
Homelessness Services Coordinator, Resolution No. 2022-132
Lead Equipment Mechanic
Library Circulation Supervisor, Resolution No. 2023-113
Nutrition Services Supervisor, Resolution No. 2022-132
Public Works Crew Supervisor, Resolution No. 2023-113
Senior Information Technology Analyst, Resolution No. 2022-40
Abolished Positions:
Assistant City Manager, City Manager Reorganization approved 2/6/24
Director of Housing & Economic Development, City Manager Reorganization
approved 2/6/24
Director of Administrative Services, City Manager Reorganization approved 2/6/24
Director of Library and Community Services, City Manager Reorganization
approved 2/6/24
Planning Manager, City Manager Reorganization approved 2/6/24
State law also mandates that upon completion of the review of the Conflict of Interest Code, the
Code should be amended to reflect any changes necessitated by the review, including new and/or
different positions, duties and responsibilities.
Page 104 of 263
Upon adoption of the Resolution, a copy of the Resolution and amended Conflict of Interest Code
are to be forwarded to the Fair Political Practices Commission (FPPC) by the Office of the City
Clerk.
FINANCIAL STATEMENT:
There is no fiscal impact associated with this item.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Filing Categories
Exhibit B – Resolution Adopting the Amended Conflict of Interest Code
Exhibit C – Appendix A - Positions and Disclosure Categories
Page 105 of 263
EXHIBIT A
CITY OF NATIONAL CITY CONFLICT OF INTEREST CODE
DESIGNATED CODE FILER POSITIONS
GENERAL PROVISIONS
When a designated employee or individual is required to disclose investments, business
positions and sources of income, they need only disclose investments in business entities and
sources of income which do business in the City, plan to do business in the City or have done
business in the City within the past two (2) years. In addition to other activities, a business
entity is doing business within the City if it owns real property within the City. When a
designated employee or individual is required to disclose real property they need only
disclose that which is located in whole or in part, within or not more than two (2) miles outside
the boundaries of the City or within two (2) miles of any land owned or used by the City.
Designated employees or individuals shall disclose their financial interest pursuant to the
appropriate disclosure category as indicated in this Exhibit "A".
All designated employees required to submit an initial Statement of Interest Form
700 shall file electronically including electronic signature with the City Clerk within
thirty (30) days after the effective date of this resolution. Initial filings shall cover the
period of the twelve (12) months prior to the date of the adoption of this Conflict of
Interest Code.
All individuals appointed, promoted, or transferred to a designated position shall file
statements within thirty (30) days of assuming office. These "assuming office"
statements cover the period of the twelve (12) months prior to the date of assuming
office statement.
When an individual is in an "interim or acting" capacity, they are subject to the same
disclosure requirements of the position in which they are filling. An assuming office
statement would be filed.
Annual statements shall be filed with the City Clerk by April 1 of each year by all
designated employees, elected officials, Committee/Board/ Commission members
or individuals. Such statements shall cover the period of the preceding calendar
year.
Every designated employee who leaves office shall file, within thirty (30) days of
leaving office, a statement disclosing financial interests held or received at any time
during the period between the closing date of the last statement required to be filed
and the date of leaving office.
Any individual serving in dual roles may file a combined s tatement by reporting
according to their broadest range of disclosure.
Page 106 of 263
Failure to file the required statement in a timely fashion may result in the imposition
of administrative, criminal, and civil sanctions as provided in Government Code
Sections 81000-91014.
Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of
Interest Codes.
Page 107 of 263
3
DISCLOSURE CATEGORIES CATEGORY
Category 1: Disclose all business entities and non-profit organizations in which investments,
business positions (e.g. director, officer, partner, trustee, employee or hold any position of
management) and sources of income including gifts, loans and travel payments located in
National City, including property located within a two-mile radius of any property owned or used
by the City of National City.
Example: Accountants, Board Members, City Council, Chief Executives (Directors), Fire Chief,
Fire Battalion Chief, Engineers, and 87200 filers such as City Council.
Category 2: All interests in real property within the jurisdiction of the City.
Example: Community Development and or Planning Director, Appraiser, Building Inspectors,
Planning Commission and Fire Inspector and 87200 filers such as City Council
Category 3: All investments, business positions in business entities, non-profit organizations and
sources of income, including gifts, loans and travel payments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of the specific City department.
Example: Risk Manager, Building Inspectors, Engineer, Plan Check, and 87200 filers such as City
Council
Category 4: All investments in business entities, non-profit organizations and sources of income,
including gifts, loans and travel payments, and sources of income which engage in land
development, construction or the acquisition of real property, and interests in real property located
in National City, including property located within a two-mile radius of any property owned or used
by the City of National City.
Example: Purchasing Agent, Fire Marshall, Fire Captain, Building Inspector, and 87200 filers such
as City Council
Category 5: All investments in business entities, non-profit organizations in which investments,
business positions (e.g. director, officer, partner, trustee, employee or hold any position of
management) and sources of income including gifts, loans and travel payments, and of the type
which contracts with the City to provide services, supplies, materials, machinery or equipment to
any City department.
Example: Fleet or Facilities Supervisor, IT, Building Inspector, and 87200 filers such as City
Council
Category 6: All investments in business entities and sources of income of the type which
contracts with the City to provide to the designated employee’s department services, supplies,
materials, machinery or equipment to any City department.
Example: Fleet or Facilities Supervisor, IT, and 87200 filers such as City Council.
Page 108 of 263
4
Category 7: All investments, positions in business entities, income including gifts, loans and
travel payments, and income from non-profit organizations, if the sources is the type that receives
grants or other monies from or through the City.
Example: Grants Coordinator, Parks & Recreation Deputy Director, Parks & Recreation
Supervisors, Police Captain, and 87200 filers such as City Council.
Unlimited Disclosures: 87200 Category are required to file full disclosure of all categories
pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code sections 87200,
et. seq. Position meets criteria in Regulation 18700.3 as a public investment manager.
Example: City Council, Planning Commissioners, City Manager, City Attorney, City Treasurer,
and other public officials who manage public investments and candidates for any of these offices
at any election comply with the provisions of the Political Reform Act relating to the filing of
Statements of Economic Interests. All such positions are deemed as 87200 Designated
Positions.
CONSULTANTS
The staff person most knowledgeable of the work that a Consultant will be performing shall
designate whether or not the Consultant must file a Statement of Economic Interest by
marking the appropriate box on the Agreement or Contract cover sheet. When determined
that a Consultant is designated and is responsible for disclosure, they shall be required to file
a Statement of Economic Interest disclosing reportable interests subject to all disclosure
categories.
Consultants who make (not just recommend) governmental decisions, such as whether to
approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit,
license, application, certificate or similar authorization, adopt or grant City approval to a plan,
design, report, study, or adopt or grant City approval of policies, standards, or guidelines for
the City or any subdivision thereof shall be required to disclose. Consultants who act in a staff
capacity with the City, and in that capacity perform the same or substantially all the same
duties for the City that would otherwise be performed by an individual holding a designated
position in the City's Conflict of Interest Code, shall disclose at the same level as the
comparable designated position identified.
Page 109 of 263
RESOLUTION NO. 2024 –
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
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et seq.,
requires every state or local government agency to adopt and promulgate a Conflict of Interest
Code that designates positions and financial interests that must be disclosed by those positions;
and
WHEREAS, designated positions shall file Statement of Economic Interest with the City
Clerk through the City Electronic Filing System “NetFile” and are available for public inspection
upon acceptance in the system, and reproduction per Government Code Section 81008; and
WHEREAS, Conflict of Interest statements are retained per the City Records Retention
Code and FPPC Regulations 18944 and 18944.1, and Government Code Sections 81009, and
84615; and
WHEREAS, the Fair Political Practices Commission has adopted a standard model
Conflict of Interest Code, 2 California Code of Regulations Section 18730, which can be
incorporated by reference, and which will be amended to conform to amendments in the Political
Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices
Commission (FPPC) pursuant to the Administrative Procedure Act, Government Code Sections
11370, et seq.; and
WHEREAS, the City of National City has adopted the standard model and last amended
its Conflict of Interest Code in 2022 by Resolution Number 2022-128; and
WHEREAS, Section 87306.5 of the Act requires that no later than July 1 of each even-
numbered year, the code reviewing body (the City Council is the “code reviewing body” for all
agencies in the City, including the CDC) shall cause a review of its conflict of interest code to
occur, and for the code to be amended if necessitated by changed circumstances; and
WHEREAS, the Conflict of Interest Code differentiates between designated positions with
different powers and responsibilities and requires disclosure of all foreseeable Conflict of Interest;
and,
WHEREAS, the City of National City has determined that changes are necessary to reflect
the addition and/or deletion of certain positions and has amended the attached Appendix to
accurately reflect those changes which should be designated and the categories of financial
interests which should be made reportable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the above recitals are true and correct.
Page 110 of 263
Section 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 2
California Code of Regulations Section 18730, and as may be amended from time to time by
the FPPC, is incorporated by reference and constitutes the Conflict of Interest Code for the
City of National City.
Section 3: That the list of designated positions subject to the requirements of the
Conflict of Interest Code are amended, including their respective disclosure categories are
set forth in Appendix A, attached to the Agenda Report as Exhibit C.
Section 4: That the City of National City has conducted the 2024 Biennial Review of
its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the
biennial review determined the need for an amended Conflict of Interest Code as presented
in this resolution.
Section 5: That Resolution No. 2022-128 is hereby repealed.
Section 6: That the City Council of the City of National City, California, hereby
approves the City of National City Conflict of Interest Code which is attached as Exhibit A to the
Agenda Report..
PASSED, APPROVED AND ADOPTED by the City Council of the City of National City at
this regular meeting this 7th day of May, 2024.
_____________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney
Page 111 of 263
1
APPENDIX A
National City Positions and Disclosure Categories
CURRENT POSITIONS
CURRENT
DISCLOSURE
CATEGORIES
2022
SUGGESTED
DISCLOSURE
CATEGORIES
2024
Accountant 1,2,4,5 1,2,4,5
Assistant City Attorney 1,2,3,5,7 1,2,3,5,7
Assistant City Manager 1,2,3,5,7 REMOVE
Assistant Director of Community
Development
None 1,2,5,7
Assistant Engineer – Civil 1,2,3,5,7 1,2,3,5,7
Associate Planner 3,4 3,4
Battalion Chief 2 2
Budget Manager 1,2,3,4,5,6,7 1,2,3,4,5,6,7
Building Official None 1,2,3,4,5
Buyer 2,4,5,7 2,4,5,7
City Attorney 87200 87200
City Clerk 1,2,6 1,2,6
City Librarian None 6,7
City Manager 87200 87200
City Treasurer 87200 87200
Code Conformance Officer II 3 3
Community Development Manager 1,2,6,7 1,2,6,7
Community Development Specialist II 2 2
Community Development Specialist
III
1,2,4,5,7 1,2,4,5,7
Confidential Assistant 1,2,3,5,7 1,2,3,5,7
City Councilmember 87200 87200
Community Services Director None 1,2,5,7
Crime & Intelligence Analyst None 7
Deputy City Attorney 1,2,3,5,7 1,2,3,5,7
Deputy City Clerk 1,2,6 1,2,6
Deputy City Manager None 1,2,3,5,7
Deputy Fire Marshall 1,2,6 1,2,6
Director of Housing & Economic
Development
1,2,6,7 REMOVE
Director of Administrative Services 1,2,5,7 REMOVE
Director of Community Development 1,2,5,7 1,2,5,7
Director of Emergency Services 1,2,5,7 1,2,5,7
Director of Finance None 1,2,5,7
Director of Library and Community
Services
1,2,5,7 REMOVE
Director of Public Works/City
Engineer
1,2,5,7 1,2,5,7
Equipment Maintenance Supervisor 5 5
Equipment Mechanic I None 5
Page 112 of 263
2
Equipment Mechanic II None 5
Executive Assistant II 3,6 3,6
Executive Assistant III None 3,6
Executive Assistant IV 1,2,5,7 1,2,5,7
Executive Secretary 1,2,5,7 1,2,5,7
Financial Services Officer 1,2,5,7 1,2,5,7
Fire Battalion Chief 2,4,5,7 2,4,5,7
Fire Inspector 2,4,5 2,4,5
Fire Inspector I None 2,4,5
Fire Inspector II None 2,4,5
Homelessness Service Coordinator None 1,2,6,7
Housing Programs Manager 1,3,6,7 1,3,6,7
HR Resources Analyst None None
HR Director 1,2,5,7 1,2,5,7
HR Manager 1,5,7 1,5,7
IT Analyst 3,4,6 3,4,6
IT Manager 4,6,7 4,6,7
Lead Equipment Mechanic None 5
Library Circulation Supervisor None 6
Management Analyst II 1,3,4,6 1,3,4,6
Management Analyst III 1,3,4,6 1,3,4,6
Mayor 87200 87200
Neighborhood Services Manager 1,3,4,6 1,3,4,6
Nutrition Programs Manager 6 6
Nutrition Services Supervisor None 6
Park Superintendent 3,4,6 3,4,6
Park Supervisor 3,4,6 3,4,6
Planning Commissioner 87200 87200
Police Captain 1,2,3,6,7 1,2,3,6,7
Police Chief 1,2,3,6,7 1,2,3,6,7
Police Lieutenant 1,2,6 1,2,6
Police Operations Assistant 3,5 3,5
Police Records Clerk 3 3
Police Records Supervisor 3,5,6 3,5,6
Police Support Services Manager 3 3
Principal Civil Engineer 1,3,5 1,3,5
Principal Librarian 6,7 6,7
Principal Planner 1,2 1,2
Property Agent 1,2,6,7 1,2,6,7
Public Works Crew Supervisor None 5,6,
Recreation Supervisor 6 6
Senior Accountant 1,2 1,2
Senior Accounting Assistant 1,4,5,7 1,4,5,7
Senior Construction Inspector 3 3
Senior Information Technology
Analyst
None 3,4,6
Street and Wastewater Maintenance
Supervisor
3,4,5 3,4,5
Stop Grant Office Coordinator 3 3
Training Coordinator 3 3
Page 113 of 263
3
BOARDS/COMMISSIONS/COMMITTEES
CURRENT
DISCLOSURE
CATEGORIES
2022
SUGGESTED
DISCLOSURE
CATEGORIES
2024
Board of Library Trustee Member 1 1
Civil Service Commissioner 1 1
Community & Police Relations Commissioner 1 1
Housing Advisory Committee Member 1,2,3,4,5,6,7 1,2,3,4,5,6,7
Planning Commissioner 87200 87200
Port Commission 1,2,4,7 1,2,4,7
Public Art Committee 3,7 3,7
Traffic Safety Committee 3,4 3,4
Page 114 of 263
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
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).
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Legislative Recess - July
Since 2014, the City Council (Council) has observed a legislative recess during the summer to
provide City staff and Elected Officials an opportunity to catch up on work, reenergize, and
prepare for the start of a new fiscal year. The purpose of this agenda item, is to determine whether
the City Council would like to once again consider a legislative recess in 2024.
Background
Observing a legislative recess from a City Council Meeting Schedule is practiced in a number of
San Diego cities that recess both in the summer and winter. Some cities, including State
Legislature and quasi-governmental entities such as the San Diego Association of Governments
(SANDAG) and the Airport Authority, recess over an entire month, generally in the summer. For
the past eight (8) years, the Council voted to recess during the month of July. Prior to that the
City Council voted to recess during the month of August one (1) time. This is consistent with City
Council Policy #104 Section III Meetings (H):
H. City Council Recess Periods: The City Council has traditionally observed a recess
period during the summer to provide elected officials and staff an opportunity to catch
up on work, reenergize after a lengthy budget and strategic planning process, and
prepare for the start of a new fiscal year. For purposes of this policy, a recess period is
defined as a period of time longer than twenty (20) days without a regular or special
meeting of the Council.
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To assist the City Council with its decision, please note the following:
Should the City Council recess in July, there would be (6) weeks between meetings (June 19-
August 6, 2024). As a reminder, the first meeting after the break, Tuesday, August 6, 2024, is
also “National Night Out.” City Councils in the past have opted to begin the City Council Meeting
at 5:00 p.m. with a light agenda, allowing the City Council to attend the “National Night-Out Against
Crime” events held in the City.
Election Night – Tuesday, November 5, 2024
To date it is known that the City of National City will have two (2) City Councilmember Seats
(District 2 and District 4), and a City Measure (Citizens Initiative “National City Special Parcel Tax
for Streets and Parks” on the November Ballot. This would qualify per NCMC 2.040.20, f or the
City Council to give the City Clerk direction to post a Notice of Cancellation to dispense with the
Tuesday, November 5, 2024, City Council Meeting.
National City Municipal Code Section 2.04.020 – Dispensing with Meetings.
In the event that the time of a regular meeting of the City Council falls on a holiday or election
day, no meeting will be held that week. Any regular meeting may be dispensed with by a vote of
the City Council.
City Council Policy No. 104 (III)(K)
K. Holidays or Elections: In the event that a regular meeting of the City Council is
scheduled on the same day as a legal holiday or an election day on which a National City
Candidate or National City Measure appears on the ballot, no meeting will be held that week. Any
regular meeting may be dispensed with by a majority vote of the City Council.
FINANCIAL STATEMENT:
Not Applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
None.
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AGENDA REPORT
Department: Community Development
Prepared by: Angelita Palma, Housing Manager
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
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
RECOMMENDATION:
Adopt the Resolution Entitled “Resolution of the Community Development Comm ission-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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Wakeland Housing and Development Corporation (Developer) has requested and been allocated
24 HUD-VASH Project-Based Vouchers (PBVs) from the Housing Authority of the County of San
Diego (HACSD) for the Union Tower affordable housing development (“Union Tower”) located at
2312 F Avenue in National City. HACSD administers the U.S. Department of Housing & Urban
Development (HUD) Veterans Affairs Supportive Housing (VASH) program, which is funded by
HUD as part of the Housing Choice Voucher (HCV) Program and provides tenant -based and
project-based rental assistance for veterans experiencing homelessness.
HACSD has requested that the Community Development Commission-Housing Authority of the
City of National City (CDC-HA) grant consent for the 24 HUD-VASH Union Tower PBVs within
the CDC-HA’s jurisdiction for a 20-year term. This is in accordance with California Code Health
and Safety Code Section 34312.5, which states that an authority may provide leased housing to
persons of low income throughout the county in which it operates. Furthermore, approval from
the other authority’s local governing body is provided in advance of construction.
HACSD and the County of San Diego do not intend to provide any additional funding or services
beyond the awarded HUD-VASH PBVs and County Innovative Housing Trust Fund (IHTF)
funding. Supportive services provided to residents of Union Tower are the Developer’s
responsibility.
Services and Individualized Assistance
HUD-VASH PBVs will be paired with specialized supportive and case management services from
the local Veteran Affairs medical facilities for the 20-year term of the vouchers. Wrap-around
supportive services will include the following:
Page 117 of 263
Linking residents to workforce opportunities and providing assistance with job searches
and resume writing
Computer training and literacy
Financial counseling
Assistance with homework, tutoring, and mentoring
Referrals to resources and benefits
Resources for mental and physical health and wellness
About the Development
Union Tower (Development) is a 100% multi-family affordable housing new construction
development located in National City. There will be two (2) four and seven-story buildings with a
total of 94 affordable housing units ranging from 30% to 60% of the County of San Diego’s Area
Median Income (AMI). The Project will include adaptable features in more than half of its units (69
units total), including 15 mobility feature units and 10 communication feature units. Of the total
units, 24 will be restricted to veterans who have experienced homelessness.
Funding Sources
The total Project costs are estimated at $$75,879,383.
Low-Income Housing Tax Credit (LIHTC)
California Department of Housing and Community Development (HCD) Infill Infrastructure
Grant Program (IIG)
HCD Multifamily Housing Program (MHP)
HCD Veterans Housing and Homelessness Prevention Program (VHHP)
County of San Diego Innovative Housing Trust Fund (IHTF)
County of San Diego Housing Authority Project Based Vouchers (PBV)
National City Housing Fund Loan
National City HUD HOME and HOME-American Rescue Plan (HOME-ARP) Loan
Private Loans
Deferred Developer Fee
Staff Recommendation
Staff is recommending the CDC-HA adopt the resolution providing consent to use the 24 VASH
Vouchers for the Development and additionally to authorize the Executive Director of the Housing
Authority or his designee to execute a memorandum of agreement, in form and substance
approved by the City Attorney, that reflects only the consent provided in the resolution pursuant
to Health & Safety Code Section 34312.5.
FINANCIAL STATEMENT:
There will ne no cost to the City as a result of adopting the resolution.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378;
PRC 21065.
Page 118 of 263
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
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RESOLUTION NO. 2024 -
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
WHEREAS, the Housing Authority of the County of San Diego (HACSD) administers the
U.S. Department of Housing & Urban Development (HUD) Veterans Affairs Supportive Housing
(VASH) program, which is funded by HUD as part of the Housing Choice Voucher (HCV) Program
and provides tenant-based and project-based rental assistance for veterans experiencing
homelessness; and
WHEREAS, Wakeland Development (Developer) has requested and been allocated 24
HUD-VASH Project-Based Vouchers (PBVs) from HACSD for the Union Tower affordable
housing development (“the Development”) located at 2312 F Avenue National City, CA 91950;
and
WHEREAS, California Health and Safety Code section 34312.5 states that an authority
may provide leased housing to persons of low income throughout the county in which it operates,
except no commitment to provide leased housing outside the area of operation may be made in
advance of construction without the approval of the local governing body of the city with the
jurisdiction of the site of construction; and
WHEREAS, HACSD’s role is to administer the HUD-VASH PBVs at the Development, and
HACSD and the County of San Diego are not providing or intending to provide any additional
funding or services beyond the awarded HUD-VASH PBVs and County Innovative Housing Trust
Fund (IHTF) funding; and
WHEREAS, Supportive services provided to residents of the Development are the
Developer’s responsibility.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION-HOUSING
AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE,
DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the Community Development Commission-Housing Authority of the
City of National City (CDC-HA) hereby provides consent to the Housing Authority of the County
of San Diego (HACSD) to administer 24 HUD-VASH PBVs at the Union Tower affordable
housing development (“the Development”) located at 2312 F Avenue National City, CA 91950.
The Development is located within the CDC-HA jurisdiction, and consent is granted to HACSD,
as required by CA Health and Safety Code section 34312.5.
Section 2: That the Community Development Commission-Housing Authority of the
City of National City hereby authorizes the Executive Director of the Housing Authority or his
designee to execute a memorandum of agreement, in form and substance approved by the City
Attorney, that reflects only the consent provided in this resolution pursuant to Health & Safety
Code section 34312.5.
Section 4: That the City Clerk shall certify the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
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2
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
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AGENDA REPORT
Department: Community Development - Neighborhood Services
Prepared by: Ronny Soriano, Neighborhood Services Manager
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Grant Agreement with the County of San Diego Health Human Services Agency for
Reimbursement to the City of National City for Homelessness Outreach
RECOMMENDATION:
Adopt a 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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Encampment Resolution Funding Program is a grant administered by the California
Interagency Council on Homelessness. The grant funds innovative projects that offer support for
individuals experiencing homelessness residing in encampments by providing a meaningful path
to stable, long-term housing. The County of San Diego has partnered with the City of National
City, City of Chula Vista, and Caltrans to apply for a project focused on addressing encampments
in the Plaza Bonita Road area. On September 12, 2023, the County was awarded $5,095,063.03
in Encampment Resolution Funding Rolling grant funds. Of the total grant award, $110,332.72 is
allocated to the City of National City.
In order to receive the Encampment Resolution funds, the City will need to enter into a
Subrecipient Grant Agreement (Agreement) with the County of San Diego by and through its
Health and Human Services Agency Department of Homeless Solutions and Equitable
Communities, Office of Homeless Solutions (OHS). This requires a resolution to appropriate the
funds. The subrecipient agreement and resolution are attached.
The City’s role will be to provide transportation and linkage to services that homeless persons
transitioning into housing will need to be successful in their transition. City Homeless Outreach
staff have already been doing this work with the homeless population in the Plaza Bonita area
since January of this year, including the relocation of individuals to the Motel 6 in Chula Vista,
where they are receiving case management services.
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The Encampment Resolution Funding Program funds local demonstration projects that feature
data-informed, innovative service delivery models, and cross systems collaborations that support
individuals experiencing homelessness in encampments toward a meaningful path to safe and
stable housing through non-punitive, low-barrier, person-centered, Housing First approaches.
Eligible uses of grant funds include the following:
Rapid Rehousing: Rapid rehousing, including housing identification services, rental
subsidies, security deposits, incentives to landlords, and holding fees for eligible persons,
housing search assistance, case management and facilitate access to other community-
based services.
Operating Subsidies: Operating subsidies in new and existing affordable or supportive
housing units, emergency shelters, and navigation centers.
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim
housing options, and permanent housing and services.
Services Coordination: Services coordination, which may include access to workforce,
education, and training programs, or other services needed to improve and promote housing
stability for eligible persons, as well as direct case management services being provided to
persons.
Systems Support: Systems support for activities that improve, strengthen, augment,
complement, and/or are necessary to create regional partnerships and a homeless services
and housing delivery system that resolves persons’ experiences of unsheltered
homelessness.
Delivery of Permanent Housing: Delivery of permanent housing and innovative housing
solutions, such as unit conversions that are well suited for eligible persons.
Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing,
including flexible forms of financial assistance, problem solving assistance, and other services
to prevent people that have been placed into permanent housing from losing their housing
and falling back into unsheltered homelessness. Interim Sheltering: Interim sheltering,
limited to newly developed clinically enhanced congregate shelters, new or existing non-
congregate shelters, and operations of existing navigation centers and shelters based on
demonstrated need that are well suited for eligible persons.
Improvements to Existing Emergency Shelters: Improvements to existing emergency
shelters to lower barriers, increase privacy, better address the needs of eligible persons, and
improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded funds may be applied to administrative costs.
Staff recommends City Council approve entering into the Agreement.
FINANCIAL STATEMENT:
If approved, a grant appropriation of $110,332.72 will be established for personnel costs in
Expenditure Account No. 282-50-61-61480-* with a corresponding revenue in account No. 282-
50-61-61480-3463.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
Page 123 of 263
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR
15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Grant Agreement
Exhibit B - Resolution
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Subrecipient Grant Agreement – Plaza Bonita Encampment Grant Page 1 of 8
HHSA-HSEC-OHS and the City of National City 4/2/2024
HHSA-G-1.9 Attachment A
Agreement Template (2023 v3)
SUBRECIPIENT GRANT AGREEMENT
COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY
Parties
This Subrecipient Grant Agreement (Agreement) is made between the County of San Diego
(County) by and through its Health and Human Services Agency (HHSA) Department of
Homeless Solutions and Equitable Communities (HSEC) Office of Homeless Solutions (OHS)
and the City of National City (Subrecipient). The parties to this agreement may be referred to
herein collectively as the “parties” or individually as a “party”.
Recitals
WHEREAS, On December 1, 2022, State of California Governor Gavin Newsom announced the
Notice of Availability of Funding for $240 million from the Encampment Resolution Funding
Program Grant to close encampments and move people experiencing homelessness into housing
and shelter.
WHEREAS, On September 12, 2023, the State of California Business, Consumer Services and
Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) notified
the County of the award for the Encampment Resolution Funding Rolling (ERF-3-L) in the amount
of $5,095,063.03.
WHEREAS, on October 24, 2023, the San Diego County Board of Supervisors authorized the
acceptance of ERF-3-L grant in the amount of $5,095,063.03.
WHEREAS, the funding will serve individuals experiencing homelessness in the Plaza Bonita
Area encompassing a specific area within the jurisdictions of the City of Chula Vista, City of
National City, County of San Diego unincorporated area, and Caltrans.
WHEREAS, those being served through the grant will receive custom person-centered
interventions, including outreach and engagement, transportation, linkage to health supports,
access to public benefits, access to flex funding, bridge housing with case management and
permanent housing.
WHEREAS, the Board authorized the County Chief Administrative Officer (CAO) or designee to
execute a subrecipient agreement with the City of National City to fund up to $110,332.72 in
personnel costs, totaling $110,332.72.
WHEREAS, the County wishes to transfer ERF-3-L funding to the Subrecipient for the purposes
and under the terms and conditions set forth in this Agreement;
THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises
to set forth below, and for other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Administration of Agreement: Each party identifies the following individual to serve as the
authorized administrative representative for that party. Any party may change its
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Agreement Template (2023 v3)
representatives at any time by notifying the other parties in writing of such change and listing
its effective date.
County of San Diego
HHSA-HSEC
Barbara Jiménez,
Community Operations Officer
1255 Imperial Ave, Ste 730
San Diego, CA 92101
619-338-2722
Barbara.jimenez@sdcounty.ca.gov
Subrecipient
City of National City
Qiana Williamson
Homeless Services Coordinator
1243 National City Blvd.
National City, CA 91950
619-510-1398
Qwilliamson@nationalcityca.gov
2. Parties’ Agreement:
2.1. Amount of Grant. The County agrees to pay Subrecipient the amount up to $110,332.72
for the Encampment Resolutions Grant Plaza Bonita project. Under no
circumstances is County obligated to pay Subrecipient more than this amount. County
shall pay Subrecipient after County receives a signed copy of this Agreement from
Subrecipient.
2.2. Purpose of Grant. Subrecipient shall use the grant funds provided by the County under
this Agreement solely for purposes eligible under ERF-3-L.
2.3. Effective Date and Term of Agreement. This Agreement shall be effective on the date
it is executed by the last party to sign the Agreement. The term of this Agreement shall
commence on the effective date through June 30, 2026.
2.4. Time Period for Use of Grant Funds. Subrecipient shall have until June 30, 2024, to
spend 50% of the grant funds and until June 30, 2026, to spend 100% of the funds under
this Agreement and/or return all unexpended funds to County. The parties may, by mutual
written agreement, extend the deadline to expend funding under this Agreement as
allowable by ERF-3-L timelines.
2.5. Disallowance. If the County’s administrator reasonably determines that the grant funds
provided exceed Subrecipient’s total actual expenditures authorized under this
Agreement or otherwise disallows any funding paid to Subrecipient under this Agreement
or provides such concern in writing to Subrecipient pursuant to the notice provisions of
this Agreement and following a reasonable opportunity thereafter to address and resolve
such concern including through receipt of additional documentation and information from
Subrecipient, Subrecipient shall refund to the County the amount specified by the County
administrator. Subrecipient shall make this refund within seven (7) County business days,
or as soon as thereafter as reasonably possible, after receiving a written request for
refund from the County’s administrator pursuant to the notice provisions of this
Agreement. In its sole discretion, the County may offset the refund amount from any
payment due to or to become due to Subrecipient under this Agreement.
3. Restrictions on Use of Grant Funds.
3.1. Grant funds shall not be used for any purpose prohibited by laws governing the use of
public funds including, but not limited to, religious purposes, political campaigning, or
purely private purposes or activities.
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3.2. Subrecipient shall only spend grant funds on expenses deemed eligible under the
Program Description as allowable by ERF-3-L funding guidelines.
3.3. Subrecipient shall not use grant funds for any authorized expenditure if it is reimbursed
from another source, including, but not limited to, other ERF-3-L programs, insurance
proceeds, or any other state, federal or local program.
3.4. Subrecipient shall not donate any grant funds to a third party.
3.5. Subrecipient shall not assign or transfer any interest in this Agreement (whether by
assignment or novation), without the prior written consent of the County.
3.6. Subrecipient shall comply with all terms and conditions as listed in this Agreement.
3.7. Subrecipient’s failure to comply with any provision in Paragraph 3 shall constitute a
material breach of this Agreement.
4. Reports.
4.1. Monthly Reports. Subrecipient shall submit to County monthly progress reports, using a
format provided by the County’s for this grant. Progress reports shall provide a brief
description of activities that have occurred, funds that have been expended and any
problems encountered in the performance of the work under this Agreement during the
applicable reporting period. Reporting shall be required even if no activities related to this
Agreement occurred during the reporting period. The Subrecipient shall document all
activities and expenditures in progress reports, including work performed by its
contractors.
4.2. As Needed Reports. Upon request of County, Subrecipient shall promptly submit any
reports, data, and information reasonably required by County or the State for purposes
of reporting requirements and expenditures or for any other purpose
5. Audit and Inspection of Records. At any time during normal business hours and as often
as the County may deem necessary, the Subrecipient shall make available, within five (5)
County business days of the receipt of a request, to the County for examination all of its
records with respect to all matters covered by this Agreement and will permit the County to
audit, examine and make excerpts or transcripts from such records, and make audits of all
invoices, materials, payrolls, records of personnel and other data relating to all matters
covered by this Agreement. Unless otherwise specified by the County, said records shall be
made available for examination within San Diego County, California. Subrecipient shall
maintain such records in an accessible location and condition to the later of a period of five
(5) years after the termination of this Agreement after all funds have been spent or any
remaining funds have been returned unless County agrees in writing to an earlier
disposition. The State of California or any Federal agency having an interest in the subject of
this Agreement shall have the same rights conferred upon County by this Agreement.
6. Termination of Agreement for Cause. If Subrecipient fails to perform its obligations
according to this Agreement, the County may send Subrecipient a written notice of default
that specifies the nature of the default. Subrecipient shall cure the default within three (3)
County business days following receipt of the notice of default. If Subrecipient fails to cure
the default within that time, the County may terminate this Agreement by giving Subrecipient
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written notice of immediate termination. Upon termination, Subrecipient shall promptly provide
County's administrator with Documentation of Grant Expenditures setting forth Subrecipient
's total actual expenditures for the purpose of the grant as of the effective date of
termination. Subrecipient shall promptly refund to County all funds County paid to
Subrecipient under this Agreement that exceed Subrecipient 's total actual expenditures for
the purpose of the grant, as determined by County's administrator, as of the effective date of
termination. The County may also seek any and all legal and equitable remedies against
Subrecipient for breaching this Agreement.
7. Termination for Convenience of County. County may terminate this Agreement at any time
by giving written notice to Subrecipient of such termination and specifying the effective date
thereof at least 30 days before the effective date of such termination. On or before the date
of termination, Subrecipient shall provide County’s administrator with Documentation of Grant
Expenditures setting forth Subrecipient’s total actual expenditures for the purpose of the grant
as of the effective date of termination. Subrecipient shall promptly refund to County all funds
County paid to Subrecipient under this Agreement that exceed Subrecipient’s total actual
expenditures for the purpose of the grant, as determined by County’s administrator, as of the
effective date of termination.
8. Termination for Convenience of Subrecipient. Subrecipient may terminate this Agreement
at any time by giving written notice to County's administrator of such termination and
specifying the effective date thereof at least 60 days before the effective date of such
termination. On or before the date of termination, Subrecipient shall provide County’s
administrator with Documentation of Grant Expenditures setting forth Subrecipient’s total
actual expenditures for the purpose of the grant as of the effective date of
termination. Subrecipient shall promptly refund to County all funds County paid to
Subrecipient under this Agreement that exceed Subrecipient’s total actual expenditure for the
purpose of the grant, as determined by County’s administrator, as of the effective date of
termination.
9. Conflict of Interests. Subrecipient shall comply with all federal, state, and local conflict of
interest laws, regulations, and policies applicable to public contracts and procurement
practices including California Government Code sections 1090, et. seq. and 81000, et. seq.
10. Publication, Reproduction and Use of Material. No material produced, in whole or in part,
under this Agreement shall be subject to copyright in the United States or in any other
country. The County shall have unrestricted authority to publish, disclose, distribute, and
otherwise use, in whole or in part, any reports, data or other materials prepared under this
Agreement.
11. Insurance. Subrecipient certifies that it is self-insured and will maintain the same level of
insurance through the duration of this Agreement.
12. Independent Capacity. In the performance of this Agreement, Subrecipient and its agents,
employees and volunteers shall act in an independent capacity and not as officers,
employees, agents, or volunteers of the County. This Agreement does not create an
employment relationship between Subrecipient and the County.
13. Equal Opportunity. Subrecipient will not discriminate against any employee, or against any
applicant for such employment because of age, race, color, religion, disability, ancestry, sex,
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or national origin, or any other protected class as defined by Federal or State law. This
provision shall include, but not be limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
14. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for,
and Subrecipient shall defend and indemnify County and its officers, agents, employees and
volunteers (collectively, “County Parties”) against any and all claims, deductibles, self-insured
retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor
disputes, losses, damages, expenses, charges or costs of any kind or character, including
attorneys’ fees and court costs (collectively, “Claims”), which arise out of or are in any way
connected to County’s provision of grant funds and/or Subrecipient’s use of grant funds under
this Agreement arising either directly or indirectly from any act, error, omission or negligence
of Subrecipient or its officers, employees, volunteers, agents, contractors, licensees or
servants, including without limitation, Claims caused by the sole passive negligent act or the
concurrent negligent act, error or omission, whether active or passive, of County
Parties. Subrecipient shall have no obligation, however, to defend or indemnify County
Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim
was caused by the sole active negligent act or willful misconduct of County Parties.
15. Governing Law. This agreement shall be governed, interpreted, construed, and enforced in
accordance with the laws of the State of California.
16. Complete Agreement. This Agreement constitutes the entire agreement between
Subrecipient and County regarding the subject matter contained herein. All other
representations, oral or written, are superseded by this Agreement. Neither party is relying
on any representation outside of this Agreement. This Agreement may be changed only by
written amendment signed by both parties.
17. Waiver. The failure of either party to enforce any term, covenant or condition of this
Agreement shall not be construed as a waiver of that party’s right to subsequently enforce
this, or any other term, covenant, or condition of this Agreement. No waiver shall be deemed
effective unless the waiver is expressly stated in writing and signed by the party waiving the
right or benefit.
18. Consultation with Counsel. Each party has had the opportunity to consult with independent
legal counsel of its own choosing before executing this Agreement and has executed this
Agreement without fraud, duress, or undue influence of any kind.
19. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its
purpose. The language of all parts of this Agreement shall be construed simply according to
its plain meaning and shall not be construed for or against either party.
20. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise
specified herein, all terms and conditions of this Agreement shall survive the expiration of the
Term of Agreement specified in Paragraph 4 above.
21. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this
Agreement are in addition to, and not a limitation on, other rights and remedies under this
Page 129 of 263
Subrecipient Grant Agreement – Plaza Bonita Encampment Grant Page 6 of 8
HHSA-HSEC-OHS and the City of National City 4/2/2024
HHSA-G-1.9 Attachment A
Agreement Template (2023 v3)
Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a
waiver of any other right or remedy.
22. Prevailing Wage.
22.1. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over
$1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse
and ready-mix concrete hauling, maintenance work, or any other work for which
prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a “public
work” for State prevailing wage purposes. It is not the intent of this Agreement to impose
an obligation to pay prevailing wages on work otherwise exempt from the prevailing
wage laws. Subrecipient shall be solely responsible for ensuring prevailing wages are
paid when owed.
22.2. Projects subject to the payment of State prevailing wages are subject to compliance
monitoring and enforcement by the Department of Industrial Relations. Subrecipient
shall be responsible for ensuring all required job site postings and all certified payroll
and other reporting applicable to it as an awarding body are completed in accordance
with the State’s prevailing wage regulations. Information regarding the State’s prevailing
wage requirements can be obtained from the Director, Department of Industrial
Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs. §
16000, et seq.
23. Counterparts and Electronic Signatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. This Agreement may be executed using electronic
or digital signatures in accordance with California law, which signatures shall be deemed an
original.
24. Live Well San Diego Vision. The County of San Diego, Health and Human Service Agency
(HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and
Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive,
innovative regional vision that combines the efforts of partners inside and outside County
government to help all residents be healthy, safe, and thriving. All HHSA partners and
contractors, to the extent feasible, are expected to advance this vision. Building Better Health
focuses on improving the health of residents and supporting healthy choices. Living Safely
seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and
communities are resilient to disasters and emergencies. Thriving focuses on promoting a
region in which residents can enjoy the highest quality of lif e. Information about the Live Well
San Diego can be found on the County’s website and a website dedicated to the vision:
http://www.sdcounty.ca.gov/hhsa/programs/sd/live_well_san_diego/index.html
http://www.LiveWellSD.org
25. A Trauma-Informed System. The County of San Diego Health and Human Services Agency
(HHSA) is committed to becoming a Trauma-Informed System as part of its effort to build a
better service delivery system. All programs operated and supported by HHSA shall be part
of a Trauma-Informed System, which includes providing trauma-informed services and
maintaining a trauma-informed workforce. It is an approach for engaging individuals – staff,
clients, partners, and the community – and recognizing that trauma and chronic stress
influence coping strategies and behavior. Trauma-informed systems and services minimize
Page 130 of 263
Subrecipient Grant Agreement – Plaza Bonita Encampment Grant Page 7 of 8
HHSA-HSEC-OHS and the City of National City 4/2/2024
HHSA-G-1.9 Attachment A
Agreement Template (2023 v3)
the risk of re-traumatizing individuals and/or families, and promote safety, self-care, and
resiliency. Trauma-Informed Principles include:
Understanding trauma and its impact to individuals.
Promoting safety.
Awareness of cultural, historical, disability, and gender issues, and ensuring competence
and responsiveness.
Supporting consumer empowerment, control, choice, and independence.
Sharing power and governance (e.g. including clients and staff at all levels in the
development and review of policies and procedures).
Demonstrating trustworthiness and transparency.
Integrating services along the continuum of care.
Believing that establishing safe, authentic, and positive relationships can be healing.
Understanding that wellness is possible for everyone.
Remainder of this page is intentionally left blank.
Page 131 of 263
Subrecipient Grant Agreement – Plaza Bonita Encampment Grant Page 8 of 8
HHSA-HSEC-OHS and the City of National City 4/2/2024
HHSA-G-1.9 Attachment A
Agreement Template (2023 v3)
County of San Diego
Dated: __________________________ By:
ERIC C. MCDONALD, MD, MPH, FACEP
Interim Agency Director
Health and Human Services Agency
City of National City
Dated: __________________________ By:
BENJAMIN A. MARTINEZ
City Manager
City of National City
Dated: __________________________ By:
BARRY J. SCHULTZ
City Attorney
City of National City
Page 132 of 263
RESOLUTION NO. 2024 -
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
WHEREAS, on December 1, 2022, State of California Governor Gavin Newsom
announced the Notice of Availability of Funding for $240 million from the Encampment Resolution
Funding Program Grant to close encampments and move people experiencing homelessness
into housing and shelter; and
WHEREAS, on September 12, 2023, the State of California Business, Consumer
Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal
ICH) notified the County of San Diego (County) of the award for the Encampment Resolution
Funding Rolling (ERF-3-L) in the amount of $5,095,063.03; and
WHEREAS, on October 24, 2023, the County Board of Supervisors (Board)
authorized the acceptance of the ERF-3-L grant in the amount of $5,095,063.03; and
WHEREAS, the funding will serve individuals experiencing homelessness in the
Plaza Bonita Area encompassing a specific area within the jurisdictions of the City of Chula Vista,
City of National City, County unincorporated area, and Caltrans; and
WHEREAS, those being served through the grant will receive custom person-
centered interventions, including outreach and engagement, transportation, linkage to health
supports, access to public benefits, access to flex funding, bridge housing with case management
and permanent housing; and
WHEREAS, the Board authorized the County Chief Administrative Officer (CAO)
or designee to execute a subrecipient grant agreement with the City of National City to fund up to
$110,332.72 in personnel costs; and
WHEREAS, the County wishes to transfer ERF-3-L funding to the City of National
City for the purposes and under the terms and conditions set forth in the Agreement attached as
Exhibit “A” to the Agenda Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Subrecipient Grant Agreement
between the City of National City and the County of San Diego Health Human Services Agency
to provide the City of National City reimbursement for Homelessness Outreach.
Section 2: That the City Council authorizes the appropriation of funds in the amount of
$110,332.72 for personnel costs related to Encampment Resolution Funding to Expenditure
Page 133 of 263
Account No. 282-50-61-61480-* and corresponding Revenue Account No. 282-50-61-61480-
3463.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 134 of 263
AGENDA REPORT
Department: Finance
Prepared by: Kecia Carrasco, Accountant
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Investment Transactions for the Month Ended January 31, 2024.
RECOMMENDATION:
Accept and File the Investment Transaction Ledger for the Month Ended January 31, 2024.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In accordance with California Government Code Section 53646 and Section XIIA of the City of
National City’s investment policy, a monthly report shall be submitted to the legislative body
accounting for transactions made during the reporting period.
The attached listing reflects investment transactions of the City of National City’s investment
portfolio for the month ending January 31, 2024.
FINANCIAL STATEMENT:
In this period, there were acquisitions of $2,030,203.38 and dispositions of $1,195,180.14.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A – Investment Transaction Ledger 2024-0131
Page 135 of 263
MONTHLY ACCOUNT STATEMENT
City of National City | Account As of January 31, 2024
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.
Chandler Team:
For questions about your account, please call (800) 317-4747,
or contact clientservice@chandlerasset.com
Custodian:
Bank of New York Mellon
Page 136 of 263
CONFIDENTIAL | 2
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS ^ŝŶĐĞ/ŶĐĞƉƟŽŶ
(03/01/12)
City of National City 0.38%3.50%0.38%4.06%0.54%(0.11%)1.26%1.13%1.04%
Benchmark Return*0.36%3.35%0.36%3.61%0.05%(0.46%)0.98%0.91%0.85%
Average Modified Duration 2.48
Average Coupon 2.56%
Average Purchase YTM 2.60%
Average Market YTM 4.38%
Average Quality AA
Average Final Maturity 2.77
Average Life 2.72
Beg. Values as of
01/01/2024
End Values as of
01/31/2024
Market Value 36,847,965.28 36,956,145.47
Accrued Interest 250,272.02 253,308.99
Total Market Value 37,098,237.30 37,209,454.46
Income Earned 77,391.37 79,339.11
Cont/WD 0.00 0.00
Par 38,015,144.30 38,089,747.23
Book Value 37,996,865.98 38,030,094.17
Cost Value 37,996,865.98 38,030,094.17
United States 44.35%
Federal Home Loan Banks 8.86%
FHLMC 6.76%
Farm Credit System 4.72%
Apple Inc.1.76%
PACCAR Inc 1.70%
The World Bank Group 1.70%
FNMA 1.64%
*Periods over 1 year are annualized.
Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index Secondary Benchmark:
*See Footnote
The credit quality is a weighted average calculation of the highest of S&P, Moody’s’ and Fitch
Page 137 of 263
CONFIDENTIAL | 3
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
A' EzDKZd'A' ^ hZ/d/ ^ΈDK^Ή
Max % (MV)20.0 4.0 Compliant
Max % Issuer (MV)5.0 4.0 Compliant
Max Maturity (Years)5.0 4.7 Compliant
Min Rating (AA by 1)0.0 0.0 Compliant
A^^ dͳA< ^ hZ/d/ ^ΈA^Ή
Max % (MV)20.0 2.9 Compliant
Max % Issuer (MV)5.0 1.1 Compliant
Max Maturity (Years)5 4 Compliant
Min Rating (AA- by 1)0.0 0.0 Compliant
AE< Z^ΖA WdAE ^
Max % (MV)40.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Days)180 0.0 Compliant
Min Rating (A- by 2, A-1 by 2)0.0 0.0 Compliant
Zd/&/Ad K& WK^/dW>A D Ed^ Zs/ ΈAZ^Ή
Max % (MV)30.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
KDD Z/A>WAW Z
Max % (MV)25.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Days)270 0.0 Compliant
Min Rating (A by 2, A-1 by 2)0.0 0.0 Compliant
KZWKZAd D /hDd ZDEKd ^
Max % (MV)30.0 25.9 Compliant
Max % Issuer (MV)5.0 1.8 Compliant
Max Maturity (Years)5 5 Compliant
Min Rating (A- by 1)0.0 0.0 Compliant
&//E^hZ d/D WK^/d^ΈEKEͳE 'Kd/A> ͬ
dΉ
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
FEDERAL AGENCIES
*See Footnote
Page 138 of 263
CONFIDENTIAL | 4
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max % (MV)100.0 18.1 Compliant
Max Maturity (Years)5 4 Compliant
>KA>A' Ez/Es ^dD Ed&hEΈ>A/&Ή
Max Concentration (MV)75.0 0.0 Compliant
DKE zDAZ< dDhdhA>&hE^
Max % (MV)20.0 0.6 Compliant
Max % Issuer (MV)20.0 0.6 Compliant
Min Rating (AAA by 2)0.0 0.0 Compliant
DKZd'A' ͳA< ^ hZ/d/ ^ΈEKEͳA' EzΉ
Max % (MV)20.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
Min Rating (AA by 1)0.0 0.0 Compliant
DhE//WA>^ hZ/d/ ^ΈA͕>KA>A' EzΉ
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
Min Rating (A- by 2)0.0 0.0 Compliant
MUTUAL FUNDS
Max % (MV)20.0 0.0 Compliant
Max % Issuer (MV)10.0 0.0 Compliant
Min Rating (AAA by 2)0.0 0.0 Compliant
E 'Kd/A> Zd/&/Ad ^K& WK^/dΈEΉ
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
Min Rating (A by 2, A-1 by 2 if > FDIC Limit)0.0 0.0 Compliant
^hWZAEAd/KEA>K>/'Ad/KE^
Max % (MV)30.0 4.2 Compliant
Max % Issuer (MV)10.0 1.7 Compliant
Max Maturity (Years)5 5 Compliant
Min Rating (AA- by 1)0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV)100.0 44.3 Compliant
*See Footnote
Page 139 of 263
CONFIDENTIAL | 5
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max Maturity (Years)5 4 Compliant
*See Footnote
Page 140 of 263
CONFIDENTIAL | 6
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Book Value 37,996,865.98 37,732,951.71
Maturities/Calls (675,000.00)(1,730,000.00)
Principal Paydowns (81,984.59)(601,623.99)
Purchases 2,028,826.28 11,951,510.79
Sales (1,194,934.70)(9,206,623.96)
Change in Cash, Payables, Receivables (32,050.15)1,364.12
Amortization/Accretion 0.00 0.00
Realized Gain (Loss)(11,628.65)(117,484.50)
Ending Book Value 38,030,094.17 38,030,094.17
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Market Value 36,847,965.28 35,694,797.82
Maturities/Calls (675,000.00)(1,730,000.00)
Principal Paydowns (81,984.59)(601,623.99)
Purchases 2,028,826.28 11,951,510.79
Sales (1,194,934.70)(9,206,623.96)
Change in Cash, Payables, Receivables (32,050.15)1,364.12
Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss)74,951.99 964,205.19
Realized Gain (Loss)(11,628.65)(117,484.50)
Ending Market Value 36,956,145.47 36,956,145.47
Maturities / Calls
Month to Date (675,000.00)
Fiscal Year to Date (1,730,000.00)
Principal Paydowns
Month to Date (81,984.59)
Fiscal Year to Date (601,623.99)
Purchases
Month to Date 2,028,826.28
Fiscal Year to Date 11,951,510.79
Sales
Month to Date (1,194,934.70)
Fiscal Year to Date (9,206,623.96)
Interest Received
Month to Date 78,038.65
Fiscal Year to Date 440,795.89
Purchased / Sold Interest
Month to Date (1,131.66)
Fiscal Year to Date (12,134.46)
Page 141 of 263
CONFIDENTIAL | 13
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
dƌĂŶƐĂĐƟŽŶdLJƉĞ ^ĞƩůĞŵĞŶƚ
Date h^/W YƵĂŶƟƚLJ ^ĞĐƵƌŝƚLJĞƐĐƌŝƉƟŽŶ WƌŝĐĞ Acq/Disp
Yield Amount /ŶƚĞƌĞƐƚWƵƌͬ
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/02/2024 60934N807 32,655.00 FEDERATED HRMS GV O SVC 1.000 4.94%(32,655.00)0.00 (32,655.00)0.00
Purchase 01/03/2024 60934N807 1,153.99 FEDERATED HRMS GV O SVC 1.000 4.94%(1,153.99)0.00 (1,153.99)0.00
Purchase 01/08/2024 60934N807 5,078.13 FEDERATED HRMS GV O SVC 1.000 4.98%(5,078.13)0.00 (5,078.13)0.00
Purchase 01/10/2024 60934N807 6,900.00 FEDERATED HRMS GV O SVC 1.000 4.98%(6,900.00)0.00 (6,900.00)0.00
Purchase 01/10/2024 60934N807 400,000.00 FEDERATED HRMS GV O SVC 1.000 4.98%(400,000.00)0.00 (400,000.00)0.00
Purchase 01/16/2024 60934N807 12,510.08 FEDERATED HRMS GV O SVC 1.000 4.96%(12,510.08)0.00 (12,510.08)0.00
Purchase 01/16/2024 60934N807 55,610.71 FEDERATED HRMS GV O SVC 1.000 4.96%(55,610.71)0.00 (55,610.71)0.00
Purchase 01/17/2024 60934N807 5,414.73 FEDERATED HRMS GV O SVC 1.000 4.96%(5,414.73)0.00 (5,414.73)0.00
Purchase 01/17/2024 60934N807 275,000.00 FEDERATED HRMS GV O SVC 1.000 4.96%(275,000.00)0.00 (275,000.00)0.00
Purchase 01/18/2024 60934N807 1.56 FEDERATED HRMS GV O SVC 1.000 4.99%(1.56)0.00 (1.56)0.00
Purchase 01/18/2024 60934N807 5,059.00 FEDERATED HRMS GV O SVC 1.000 4.99%(5,059.00)0.00 (5,059.00)0.00
Purchase 01/19/2024 06051GHD4 500,000.00 BANK OF AMERICA CORP 3.419
12/20/2028 93.536 4.92%(467,680.00)(1,377.10)(469,057.10)0.00
Purchase 01/22/2024 60934N807 8,979.39 FEDERATED HRMS GV O SVC 1.000 4.98%(8,979.39)0.00 (8,979.39)0.00
Purchase 01/22/2024 60934N807 64.29 FEDERATED HRMS GV O SVC 1.000 4.98%(64.29)0.00 (64.29)0.00
Purchase 01/25/2024 60934N807 12,335.49 FEDERATED HRMS GV O SVC 1.000 4.98%(12,335.49)0.00 (12,335.49)0.00
Purchase 01/25/2024 60934N807 4,392.12 FEDERATED HRMS GV O SVC 1.000 4.98%(4,392.12)0.00 (4,392.12)0.00
Purchase 01/29/2024 60934N807 251,897.29 FEDERATED HRMS GV O SVC 1.000 0.00%(251,897.29)0.00 (251,897.29)0.00
Purchase 01/30/2024 60934N807 5,400.00 FEDERATED HRMS GV O SVC 1.000 4.99%(5,400.00)0.00 (5,400.00)0.00
Purchase 01/31/2024 69371RS80 475,000.00 PACCAR FINANCIAL CORP 4.6
01/31/2029 99.837 4.64%(474,225.75)0.00 (474,225.75)0.00
Purchase 01/31/2024 60934N807 4,468.75 FEDERATED HRMS GV O SVC 1.000 5.00%(4,468.75)0.00 (4,468.75)0.00
dŽƚĂůWƵƌĐŚĂƐĞ 2,061,920.53 (2,028,826.28)(1,377.10)(2,030,203.38)0.00
TOTAL ACQUISITIONS 2,061,920.53 (2,028,826.28)(1,377.10)(2,030,203.38)0.00
/^WK^/d/KE^
Sale 01/19/2024 60934N807 (469,057.10)FEDERATED HRMS GV O SVC 1.000 4.99%469,057.10 0.00 469,057.10 0.00
Sale 01/29/2024 023135BW5 (255,000.00)AMAZON.COM INC 0.45
05/12/2024 98.687 0.50%251,651.85 (245.44)251,897.29 (2,975.85)
Sale 01/31/2024 60934N807 (474,225.75)FEDERATED HRMS GV O SVC 1.000 5.00%474,225.75 0.00 474,225.75 0.00
Total Sale (1,198,282.85)1,194,934.70 (245.44)1,195,180.14 (2,975.85)
Page 142 of 263
CONFIDENTIAL | 14
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
dƌĂŶƐĂĐƟŽŶdLJƉĞ ^ĞƩůĞŵĞŶƚ
Date h^/W YƵĂŶƟƚLJ ^ĞĐƵƌŝƚLJĞƐĐƌŝƉƟŽŶ WƌŝĐĞ Acq/Disp
Yield Amount /ŶƚĞƌĞƐƚWƵƌͬ
Sold Total Amount Gain/Loss
dKdA>/^WK^/d/KE^(1,198,282.85)1,194,934.70 (245.44)1,195,180.14 (2,975.85)
OTHER
TRANSACTIONS
Coupon 01/01/2024 3137FETN0 0.00 FHMS K-073 A2 3.35
01/25/2028 4.60%530.42 0.00 530.42 0.00
Coupon 01/01/2024 3137FGZT5 0.00 FHMS K-079 A2 3.926
06/25/2028 4.60%981.50 0.00 981.50 0.00
Coupon 01/01/2024 3137FG6X8 0.00 FHMS K-077 A2 3.85
05/25/2028 4.24%2,310.00 0.00 2,310.00 0.00
Coupon 01/01/2024 3137H4BY5 0.00 FHMS K-746 A2 2.031
09/25/2028 5.22%541.60 0.00 541.60 0.00
Coupon 01/07/2024 3135G0X24 0.00 FEDERAL NATIONAL MORTGAGE
ASSOCIATION 1.625 01/07/2025 1.69%5,078.13 0.00 5,078.13 0.00
Coupon 01/10/2024 24422EUR8 0.00 JOHN DEERE CAPITAL CORP 3.45
01/10/2024 3.45%6,900.00 0.00 6,900.00 0.00
Coupon 01/13/2024 45950KDD9 0.00 INTERNATIONAL FINANCE CORP
4.5 07/13/2028 4.53%7,425.00 0.00 7,425.00 0.00
Coupon 01/15/2024 89240BAC2 0.00 TAOT 2021-A A3 0.26
05/15/2025 0.26%10.79 0.00 10.79 0.00
Coupon 01/15/2024 47788UAC6 0.00 JDOT 2021 A3 0.36 09/15/2025 0.36%9.83 0.00 9.83 0.00
Coupon 01/15/2024 58769KAD6 0.00 MBALT 2021-B A3 0.4
11/15/2024 0.40%4.66 0.00 4.66 0.00
Coupon 01/15/2024 47789QAC4 0.00 JDOT 2021-B A3 0.52
03/16/2026 0.52%35.64 0.00 35.64 0.00
Coupon 01/15/2024 43815BAC4 0.00 HAROT 2022-1 A3 1.88
05/15/2026 1.88%298.14 0.00 298.14 0.00
Coupon 01/15/2024 47787JAC2 0.00 JDOT 2022 A3 0.36 09/15/2026 2.33%245.06 0.00 245.06 0.00
Coupon 01/15/2024 47800AAC4 0.00 JDOT 2022-B A3 3.74
02/16/2027 3.74%483.08 0.00 483.08 0.00
Coupon 01/15/2024 161571HT4 0.00 CHAIT 2023-1 A 5.16
09/15/2028 5.17%1,698.50 0.00 1,698.50 0.00
Coupon 01/15/2024 87612EBM7 0.00 TARGET CORP 1.95 01/15/2027 1.99%2,096.25 0.00 2,096.25 0.00
Page 143 of 263
CONFIDENTIAL | 15
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
dƌĂŶƐĂĐƟŽŶdLJƉĞ ^ĞƩůĞŵĞŶƚ
Date h^/W YƵĂŶƟƚLJ ^ĞĐƵƌŝƚLJĞƐĐƌŝƉƟŽŶ WƌŝĐĞ Acq/Disp
Yield Amount /ŶƚĞƌĞƐƚWƵƌͬ
Sold Total Amount Gain/Loss
Coupon 01/15/2024 79466LAG9 0.00 SALESFORCE INC 0.625
07/15/2024 0.64%203.13 0.00 203.13 0.00
Coupon 01/17/2024 24422EVN6 0.00 JOHN DEERE CAPITAL CORP 0.45
01/17/2024 0.45%618.75 0.00 618.75 0.00
Coupon 01/17/2024 61747YET8 0.00 MORGAN STANLEY 4.679
07/17/2026 4.68%4,795.98 0.00 4,795.98 0.00
Coupon 01/18/2024 43813KAC6 0.00 HAROT 2020-3 A3 0.37
10/18/2024 0.37%1.56 0.00 1.56 0.00
Coupon 01/21/2024 43813GAC5 0.00 HAROT 2021-1 A3 0.27
04/21/2025 0.27%2.99 0.00 2.99 0.00
Coupon 01/21/2024 43815GAC3 0.00 HAROT 2021-4 A3 0.88
01/21/2026 0.89%61.30 0.00 61.30 0.00
Coupon 01/25/2024 05601XAC3 0.00 BMWLT 2022-1 A3 1.03
03/25/2025 1.10%28.60 0.00 28.60 0.00
Coupon 01/30/2024 91159HHX1 0.00 US BANCORP 2.4 07/30/2024 0.65%5,400.00 0.00 5,400.00 0.00
Coupon 01/31/2024 91282CFB2 0.00 UNITED STATES TREASURY 2.75
07/31/2027 3.30%4,468.75 0.00 4,468.75 0.00
Total Coupon 0.00 44,229.66 0.00 44,229.66 0.00
Dividend 01/31/2024 60934N807 0.00 FEDERATED HRMS GV O SVC 5.00%32.98 0.00 1,758.84 0.00
Total Dividend 0.00 32.98 0.00 1,758.84 0.00
Maturity 01/10/2024 24422EUR8 (400,000.00)JOHN DEERE CAPITAL CORP 3.45
01/10/2024 100.000 3.45%400,000.00 0.00 400,000.00 (8,860.00)
Maturity 01/17/2024 24422EVN6 (275,000.00)JOHN DEERE CAPITAL CORP 0.45
01/17/2024 100.000 0.45%275,000.00 0.00 275,000.00 195.25
Total Maturity (675,000.00)675,000.00 0.00 675,000.00 (8,664.75)
Principal Paydown 01/15/2024 89240BAC2 9,820.54 TAOT 2021-A A3 0.26
05/15/2025 0.26%9,820.54 --9,820.54 1.83
Principal Paydown 01/15/2024 47788UAC6 4,779.39 JDOT 2021 A3 0.36 09/15/2025 0.36%4,779.39 --4,779.39 0.91
Principal Paydown 01/15/2024 58769KAD6 13,972.44 MBALT 2021-B A3 0.4
11/15/2024 0.40%13,972.44 --13,972.44 1.06
Principal Paydown 01/15/2024 47789QAC4 6,966.89 JDOT 2021-B A3 0.52
03/16/2026 0.52%6,966.89 --6,966.89 0.62
Principal Paydown 01/15/2024 43815BAC4 11,943.39 HAROT 2022-1 A3 1.88
05/15/2026 1.88%11,943.39 --11,943.39 1.79
Page 144 of 263
CONFIDENTIAL | 16
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
dƌĂŶƐĂĐƟŽŶdLJƉĞ ^ĞƩůĞŵĞŶƚ
Date h^/W YƵĂŶƟƚLJ ^ĞĐƵƌŝƚLJĞƐĐƌŝƉƟŽŶ WƌŝĐĞ Acq/Disp
Yield Amount /ŶƚĞƌĞƐƚWƵƌͬ
Sold Total Amount Gain/Loss
Principal Paydown 01/15/2024 47787JAC2 8,128.06 JDOT 2022 A3 0.36 09/15/2026 2.33%8,128.06 --8,128.06 1.80
Principal Paydown 01/18/2024 43813KAC6 5,059.00 HAROT 2020-3 A3 0.37
10/18/2024 0.37%5,059.00 --5,059.00 0.74
Principal Paydown 01/21/2024 43813GAC5 2,743.80 HAROT 2021-1 A3 0.27
04/21/2025 0.27%2,743.80 --2,743.80 0.05
Principal Paydown 01/21/2024 43815GAC3 6,235.59 HAROT 2021-4 A3 0.88
01/21/2026 0.89%6,235.59 --6,235.59 1.32
Principal Paydown 01/25/2024 05601XAC3 12,335.49 BMWLT 2022-1 A3 1.03
03/25/2025 1.10%12,335.49 --12,335.49 1.84
dŽƚĂůWƌŝŶĐŝƉĂů
WĂLJĚŽǁŶ 81,984.59 81,984.59 --81,984.59 11.95
TOTAL OTHER
TRANSACTIONS (593,015.41)801,247.23 0.00 802,973.09 (8,652.80)
Page 145 of 263
CONFIDENTIAL | 41
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
IMPORTANT DISCLOSURES
Chandler Asset Management, Inc. (“Chandler”) is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV).
To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at
www.chandlerasset.com.
Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal
advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any
time without notice.
Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your
qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.
sĂůƵĂƟŽŶ͗ Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value,
Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are
also disclosed in Item 5 of our Form ADV Part 2A.
WĞƌĨŽƌŵĂŶĐĞ͗ Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These
results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future
performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or
loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Source ice Data Indices, LLC (“ICE”), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN “AS IS” BASIS; ICE, ITS AFFILIATES AND
THEIR RESPECTIVE THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM.
NEITHER ICE DATA, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE
INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND
LICENSEE’S USE IS AT LICENSEE’S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY
OF ITS PRODUCTS OR SERVICES.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or
custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not
possible to invest directly in an index.
ZĂƟŶŐƐ͗ Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot
guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency
guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively.
Page 146 of 263
CONFIDENTIAL | 42
City of National City | Account As of January 31, 2024
Execution Time: 02/05/2024 12:13:12 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
BENCHMARK INDEX & DISCLOSURES
Benchmark Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated
US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average
of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years
remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount
outstanding of $1 billion for sovereigns and $250 million for agencies.
Page 147 of 263
AGENDA REPORT
Department: Finance
Prepared by: Kecia Carrasco, Accountant
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Investment Transactions for the Month Ended February 29, 2024.
RECOMMENDATION:
Accept and File the Investment Transaction Ledger for the Month Ended February 29, 2024.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In accordance with California Government Code Section 53646 and Section XIIA of the City of
National City’s investment policy, a monthly report shall be submitted to the legislative body
accounting for transactions made during the reporting period.
The attached listing reflects investment transactions of the City of National City’s investment
portfolio for the month ending February 29, 2024.
FINANCIAL STATEMENT:
In this period, there were acquisitions of $2,664,017.13 and dispositions of $2,513,002.04.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A – Investment Transaction Ledger 2024-0229
Page 148 of 263
MONTHLY ACCOUNT STATEMENT
City of National City | Account As of February 29, 2024
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.
Chandler Team:
For questions about your account, please call (800) 317-4747,
or contact clientservice@chandlerasset.com
Custodian:
Bank of New York Mellon
Page 149 of 263
CONFIDENTIAL | 2
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception
(03/01/12)
City of National City (0.61%)1.21%(0.22%)4.51%0.44%(0.27%)1.10%1.06%0.98%
Benchmark Return*(0.72%)1.11%(0.36%)4.10%(0.10%)(0.67%)0.82%0.83%0.78%
Average Modified Duration 2.57
Average Coupon 2.71%
Average Purchase YTM 2.76%
Average Market YTM 4.79%
Average Quality AA
Average Final Maturity 2.89
Average Life 2.84
Beg. Values as of
02/01/2024
End Values as of
02/29/2024
Market Value 36,956,145.47 36,733,698.45
Accrued Interest 249,791.31 246,167.25
Total Market Value 37,205,936.78 36,979,865.70
Income Earned 111,389.26 80,994.38
Cont/WD 0.00 0.00
Par 38,089,747.23 38,132,096.53
Book Value 38,030,094.17 38,061,040.06
Cost Value 38,030,094.17 38,061,040.06
United States 42.66%
Federal Home Loan Banks 8.83%
FHLMC 6.74%
Farm Credit System 4.68%
Inter-American Development Bank 2.62%
Apple Inc.1.76%
The World Bank Group 1.70%
FNMA 1.65%
*Periods over 1 year are annualized.
Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index Secondary Benchmark:
*See Footnote
The credit quality is a weighted average calculation of the highest of S&P, Moody’s’ and Fitch
Page 150 of 263
CONFIDENTIAL | 3
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV)20.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
Min Rating (AA by 1)0.0 0.0 Compliant
ASSET-BACKED SECURITIES (ABS)
Max % (MV)20.0 2.8 Compliant
Max % Issuer (MV)5.0 1.1 Compliant
Max Maturity (Years)5 4 Compliant
Min Rating (AA- by 1)0.0 0.0 Compliant
BANKERS' ACCEPTANCES
Max % (MV)40.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Days)180 0.0 Compliant
Min Rating (A- by 2, A-1 by 2)0.0 0.0 Compliant
CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
Max % (MV)30.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
COMMERCIAL PAPER
Max % (MV)25.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Days)270 0.0 Compliant
Min Rating (A by 2, A-1 by 2)0.0 0.0 Compliant
CORPORATE MEDIUM TERM NOTES
Max % (MV)30.0 26.9 Compliant
Max % Issuer (MV)5.0 1.8 Compliant
Max Maturity (Years)5 4 Compliant
Min Rating (A- by 1)0.0 0.0 Compliant
FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
FEDERAL AGENCIES
Page 151 of 263
CONFIDENTIAL | 4
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max % (MV)100.0 18.0 Compliant
Max Maturity (Years)5 4 Compliant
LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV)75.0 0.0 Compliant
MONEY MARKET MUTUAL FUNDS
Max % (MV)20.0 0.2 Compliant
Max % Issuer (MV)20.0 0.2 Compliant
Min Rating (AAA by 2)0.0 0.0 Compliant
MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV)20.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5.0 0.0 Compliant
Min Rating (AA by 1)0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
Min Rating (A- by 2)0.0 0.0 Compliant
MUTUAL FUNDS
Max % (MV)20.0 0.0 Compliant
Max % Issuer (MV)10.0 0.0 Compliant
Min Rating (AAA by 2)0.0 0.0 Compliant
NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV)30.0 0.0 Compliant
Max % Issuer (MV)5.0 0.0 Compliant
Max Maturity (Years)5 0.0 Compliant
Min Rating (A by 2, A-1 by 2 if > FDIC Limit)0.0 0.0 Compliant
SUPRANATIONAL OBLIGATIONS
Max % (MV)30.0 5.5 Compliant
Max % Issuer (MV)10.0 2.6 Compliant
Max Maturity (Years)5 4 Compliant
Min Rating (AA- by 1)0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV)100.0 42.6 Compliant
Page 152 of 263
CONFIDENTIAL | 5
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max Maturity (Years)5 4 Compliant
Page 153 of 263
CONFIDENTIAL | 6
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Book Value 38,030,094.17 37,732,951.71
Maturities/Calls 0.00 (1,730,000.00)
Principal Paydowns (64,153.66)(665,777.65)
Purchases 2,658,298.54 14,609,809.33
Sales (2,509,526.43)(11,716,150.39)
Change in Cash, Payables, Receivables (617.93)746.19
Amortization/Accretion 0.00 0.00
Realized Gain (Loss)(53,054.63)(170,539.14)
Ending Book Value 38,061,040.06 38,061,040.06
Month to Date Fiscal Year to Date
(07/01/2023)
Beginning Market Value 36,956,145.47 35,694,797.82
Maturities/Calls 0.00 (1,730,000.00)
Principal Paydowns (64,153.66)(665,777.65)
Purchases 2,658,298.54 14,609,809.33
Sales (2,509,526.43)(11,716,150.39)
Change in Cash, Payables, Receivables (617.93)746.19
Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss)(253,392.90)710,812.29
Realized Gain (Loss)(53,054.63)(170,539.14)
Ending Market Value 36,733,698.45 36,733,698.45
Maturities / Calls
Month to Date 0.00
Fiscal Year to Date (1,730,000.00)
Principal Paydowns
Month to Date (64,153.66)
Fiscal Year to Date (665,777.65)
Purchases
Month to Date 2,658,298.54
Fiscal Year to Date 14,609,809.33
Sales
Month to Date (2,509,526.43)
Fiscal Year to Date (11,716,150.39)
Interest Received
Month to Date 86,861.43
Fiscal Year to Date 527,657.32
Purchased / Sold Interest
Month to Date (2,242.98)
Fiscal Year to Date (14,377.44)
Page 154 of 263
CONFIDENTIAL | 13
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 02/01/2024 60934N807 8,509.50 FEDERATED HRMS GV O SVC 1.000 5.00%(8,509.50)0.00 (8,509.50)0.00
Purchase 02/02/2024 60934N807 1,758.84 FEDERATED HRMS GV O SVC 1.000 4.98%(1,758.84)0.00 (1,758.84)0.00
Purchase 02/06/2024 60934N807 1,091.25 FEDERATED HRMS GV O SVC 1.000 4.96%(1,091.25)0.00 (1,091.25)0.00
Purchase 02/08/2024 60934N807 2,450.00 FEDERATED HRMS GV O SVC 1.000 4.97%(2,450.00)0.00 (2,450.00)0.00
Purchase 02/09/2024 532457CK2 275,000.00 ELI LILLY AND CO 4.5
02/09/2029 99.934 4.51%(274,818.50)0.00 (274,818.50)0.00
Purchase 02/12/2024 60934N807 4,687.50 FEDERATED HRMS GV O SVC 1.000 4.96%(4,687.50)0.00 (4,687.50)0.00
Purchase 02/14/2024 60934N807 16,312.50 FEDERATED HRMS GV O SVC 1.000 4.97%(16,312.50)0.00 (16,312.50)0.00
Purchase 02/15/2024 60934N807 44,042.68 FEDERATED HRMS GV O SVC 1.000 4.97%(44,042.68)0.00 (44,042.68)0.00
Purchase 02/15/2024 60934N807 35,990.05 FEDERATED HRMS GV O SVC 1.000 4.97%(35,990.05)0.00 (35,990.05)0.00
Purchase 02/16/2024 60934N807 630,831.48 FEDERATED HRMS GV O SVC 1.000 4.96%(630,831.48)0.00 (630,831.48)0.00
Purchase 02/20/2024 4581X0EN4 475,000.00
INTER-AMERICAN
DEVELOPMENT BANK 4.125
02/15/2029
99.112 4.32%(470,782.00)(1,088.54)(471,870.54)0.00
Purchase 02/21/2024 60934N807 8,924.57 FEDERATED HRMS GV O SVC 1.000 4.94%(8,924.57)0.00 (8,924.57)0.00
Purchase 02/21/2024 60934N807 59.10 FEDERATED HRMS GV O SVC 1.000 4.94%(59.10)0.00 (59.10)0.00
Purchase 02/26/2024 60934N807 4,380.81 FEDERATED HRMS GV O SVC 1.000 4.97%(4,380.81)0.00 (4,380.81)0.00
Purchase 02/26/2024 60934N807 11,186.41 FEDERATED HRMS GV O SVC 1.000 4.97%(11,186.41)0.00 (11,186.41)0.00
Purchase 02/27/2024 91282CJW2 700,000.00 UNITED STATES TREASURY 4.0
01/31/2029 98.613 4.31%(690,292.97)(2,076.92)(692,369.89)0.00
Purchase 02/29/2024 60934N807 11,234.38 FEDERATED HRMS GV O SVC 1.000 4.97%(11,234.38)0.00 (11,234.38)0.00
Purchase 02/29/2024 756109CF9 450,000.00 REALTY INCOME CORP 4.75
02/15/2029 97.988 5.21%(440,946.00)(2,553.13)(443,499.13)0.00
Total Purchase 2,681,459.07 (2,658,298.54)(5,718.59)(2,664,017.13)0.00
TOTAL ACQUISITIONS 2,681,459.07 (2,658,298.54)(5,718.59)(2,664,017.13)0.00
DISPOSITIONS
Sale 02/09/2024 79466LAG9 (65,000.00)SALESFORCE INC 0.625
07/15/2024 97.964 0.64%63,676.60 (27.08)63,703.68 (1,290.25)
Sale 02/09/2024 60934N807 (166,906.05)FEDERATED HRMS GV O SVC 1.000 4.96%166,906.05 0.00 166,906.05 0.00
Sale 02/09/2024 60934N807 (43,821.27)FEDERATED HRMS GV O SVC 1.000 4.96%43,821.27 0.00 43,821.27 0.00
Page 155 of 263
CONFIDENTIAL | 14
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Sale 02/16/2024 91282CDH1 (650,000.00)UNITED STATES TREASURY 0.75
11/15/2024 96.859 0.84%629,585.94 (1,245.54)630,831.48 (18,738.28)
Sale 02/20/2024 60934N807 (471,870.54)FEDERATED HRMS GV O SVC 1.000 4.96%471,870.54 0.00 471,870.54 0.00
Sale 02/27/2024 912828ZT0 (675,000.00)UNITED STATES TREASURY 0.25
05/31/2025 94.348 0.60%636,846.68 (410.35)637,257.03 (28,265.62)
Sale 02/27/2024 60934N807 (55,112.86)FEDERATED HRMS GV O SVC 1.000 4.97%55,112.86 0.00 55,112.86 0.00
Sale 02/29/2024 69371RR40 (155,000.00)PACCAR FINANCIAL CORP 0.5
08/09/2024 97.804 0.52%151,596.20 (43.06)151,639.26 (3,320.10)
Sale 02/29/2024 931142EW9 (95,000.00)WALMART INC 3.9 09/09/2025 98.403 3.92%93,482.85 (1,749.58)95,232.43 (1,450.65)
Sale 02/29/2024 60934N807 (196,627.44)FEDERATED HRMS GV O SVC 1.000 4.97%196,627.44 0.00 196,627.44 0.00
Total Sale (2,574,338.16)2,509,526.43 (3,475.61)2,513,002.04 (53,064.90)
TOTAL DISPOSITIONS (2,574,338.16)2,509,526.43 (3,475.61)2,513,002.04 (53,064.90)
OTHER
TRANSACTIONS
Coupon 02/01/2024 46625HRY8 0.00 JPMORGAN CHASE & CO 3.782
02/01/2028 5.04%8,509.50 0.00 8,509.50 0.00
Coupon 02/01/2024 3137FETN0 0.00 FHMS K-073 A2 3.35
01/25/2028 4.60%530.42 0.00 530.42 0.00
Coupon 02/01/2024 3137FGZT5 0.00 FHMS K-079 A2 3.926
06/25/2028 4.60%981.50 0.00 981.50 0.00
Coupon 02/01/2024 3137FG6X8 0.00 FHMS K-077 A2 3.85
05/25/2028 4.25%2,310.00 0.00 2,310.00 0.00
Coupon 02/01/2024 3137H4BY5 0.00 FHMS K-746 A2 2.031
09/25/2028 5.22%541.60 0.00 541.60 0.00
Coupon 02/06/2024 857477BR3 0.00 STATE STREET CORP 1.746
02/06/2026 1.75%1,091.25 0.00 1,091.25 0.00
Coupon 02/08/2024 037833EB2 0.00 APPLE INC 0.7 02/08/2026 1.51%2,450.00 0.00 2,450.00 0.00
Coupon 02/09/2024 69371RR40 0.00 PACCAR FINANCIAL CORP 0.5
08/09/2024 0.52%387.50 0.00 387.50 0.00
Coupon 02/12/2024 3137EAEP0 0.00
FEDERAL HOME LOAN
MORTGAGE CORP 1.5
02/12/2025
0.55%4,687.50 0.00 4,687.50 0.00
Page 156 of 263
CONFIDENTIAL | 15
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Coupon 02/14/2024 3133EPSW6 0.00
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.5
08/14/2026
4.58%16,312.50 0.00 16,312.50 0.00
Coupon 02/15/2024 89240BAC2 0.00 TAOT 2021-A A3 0.26
05/15/2025 0.26%8.66 0.00 8.66 0.00
Coupon 02/15/2024 47788UAC6 0.00 JDOT 2021 A3 0.36 09/15/2025 0.36%8.40 0.00 8.40 0.00
Coupon 02/15/2024 47789QAC4 0.00 JDOT 2021-B A3 0.52
03/16/2026 0.52%32.63 0.00 32.63 0.00
Coupon 02/15/2024 43815BAC4 0.00 HAROT 2022-1 A3 1.88
05/15/2026 1.88%279.43 0.00 279.43 0.00
Coupon 02/15/2024 47787JAC2 0.00 JDOT 2022 A3 0.36 09/15/2026 2.33%229.35 0.00 229.35 0.00
Coupon 02/15/2024 47800AAC4 0.00 JDOT 2022-B A3 3.74
02/16/2027 3.74%483.08 0.00 483.08 0.00
Coupon 02/15/2024 161571HT4 0.00 CHAIT 2023-1 A 5.16
09/15/2028 5.17%1,698.50 0.00 1,698.50 0.00
Coupon 02/15/2024 912828P46 0.00 UNITED STATES TREASURY
1.625 02/15/2026 1.56%10,562.50 0.00 10,562.50 0.00
Coupon 02/15/2024 9128282A7 0.00 UNITED STATES TREASURY 1.5
08/15/2026 1.11%7,500.00 0.00 7,500.00 0.00
Coupon 02/15/2024 912828V98 0.00 UNITED STATES TREASURY 2.25
02/15/2027 2.53%4,050.00 0.00 4,050.00 0.00
Coupon 02/15/2024 438516CJ3 0.00 HONEYWELL INTERNATIONAL
INC 4.95 02/15/2028 4.44%11,137.50 0.00 11,137.50 0.00
Coupon 02/21/2024 43813GAC5 0.00 HAROT 2021-1 A3 0.27
04/21/2025 0.27%2.38 0.00 2.38 0.00
Coupon 02/21/2024 43815GAC3 0.00 HAROT 2021-4 A3 0.88
01/21/2026 0.89%56.72 0.00 56.72 0.00
Coupon 02/25/2024 05601XAC3 0.00 BMWLT 2022-1 A3 1.03
03/25/2025 1.10%17.29 0.00 17.29 0.00
Coupon 02/29/2024 9128284Z0 0.00 UNITED STATES TREASURY 2.75
08/31/2025 0.70%9,281.25 0.00 9,281.25 0.00
Coupon 02/29/2024 91282CFH9 0.00 UNITED STATES TREASURY
3.125 08/31/2027 3.99%1,953.13 0.00 1,953.13 0.00
Total Coupon 0.00 85,102.59 0.00 85,102.59 0.00
Page 157 of 263
CONFIDENTIAL | 16
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction Type Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Dividend 02/29/2024 60934N807 0.00 FEDERATED HRMS GV O SVC 4.97%12.00 0.00 12.00 0.00
Total Dividend 0.00 12.00 0.00 12.00 0.00
Principal Paydown 02/15/2024 89240BAC2 10,192.82 TAOT 2021-A A3 0.26
05/15/2025 0.26%10,192.82 --10,192.82 1.89
Principal Paydown 02/15/2024 47788UAC6 4,171.74 JDOT 2021 A3 0.36 09/15/2025 0.36%4,171.74 --4,171.74 0.80
Principal Paydown 02/15/2024 47789QAC4 8,776.39 JDOT 2021-B A3 0.52
03/16/2026 0.52%8,776.39 --8,776.39 0.78
Principal Paydown 02/15/2024 43815BAC4 11,900.33 HAROT 2022-1 A3 1.88
05/15/2026 1.88%11,900.33 --11,900.33 1.79
Principal Paydown 02/15/2024 47787JAC2 9,001.40 JDOT 2022 A3 0.36 09/15/2026 2.33%9,001.40 --9,001.40 1.99
Principal Paydown 02/21/2024 43813GAC5 2,717.99 HAROT 2021-1 A3 0.27
04/21/2025 0.27%2,717.99 --2,717.99 0.05
Principal Paydown 02/21/2024 43815GAC3 6,206.58 HAROT 2021-4 A3 0.88
01/21/2026 0.89%6,206.58 --6,206.58 1.31
Principal Paydown 02/25/2024 05601XAC3 11,186.41 BMWLT 2022-1 A3 1.03
03/25/2025 1.10%11,186.41 --11,186.41 1.67
Total Principal
Paydown 64,153.66 64,153.66 --64,153.66 10.27
TOTAL OTHER
TRANSACTIONS 64,153.66 149,268.25 0.00 149,268.25 10.27
Page 158 of 263
CONFIDENTIAL | 39
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
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Page 159 of 263
CONFIDENTIAL | 40
City of National City | Account As of February 29, 2024
Execution Time: 03/05/2024 10:18:28 PM Chandler Asset Management | info@chandlerasset.com | www.chandlerasset.com | 800.317.4747
BENCHMARK INDEX & DISCLOSURES
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Page 160 of 263
AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Adoption of an Ordinance amending Section 9.07 (Food Caterers and Catering Equipment
Rentals) of the National City Municipal Code.
RECOMMENDATION:
Adopt the Ordinance
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
City Council introduced the Ordinance at their meeting of April 16, 2024
EXPLANATION:
The City has regulations in the Municipal Code (NCMC) related to food sales from mobile food
vending vehicles (e.g., food trucks, trailers, etc.) under NCMC 9.06 and from sidewalk vendors under
NCMC 13.30. In addition to the above-referenced Municipal Code sections, food sales are also
permitted as part of a temporary event (Temporary Use Permit), as regulated by Chapter 15.60
(Temporary Use Permits) and in relation to private catering operations in Chapter 9.07. All activities
associated with the above Code sections are also required to abide by the regulations of the
Department of Environmental Health and Quality (DEHQ). Since the COVID-19 pandemic, smaller
businesses that do not have the capacity or capital to offer food sales have turned to outside food
sales. In the case of establishing or niche businesses, mobile food vendors are not always an option
due to location, lack of established clientele, or property size. Many have turned to more permanent
non-kitchen based alternatives, such as parking lot-based vendors or similar (carts, tables, etc.).
However, sidewalk vendors are limited to street rights-of-way, and Title 18 typically requires that all
uses be conducted in enclosed buildings.
Proposal
Staff is suggesting an amendment to Chapter 9.07 (Food Caterers and Catering Equipment
Rentals) to address food vending covered under the existing DEHQ permitting framework. The intent
is to allow smaller service businesses such as bars or markets that do not have kitchens to offer
limited food sales on the property. The City of San Diego has similar allowances, as does the City of
Los Angeles, which has removed almost all barriers to outside food vending in recent years.
Analysis
DEHQ regulates three primary exterior food activities:
Mobile Food Facilities (e.g., food trucks)
Temporary Food Facilities (e.g., temporary community event)
Page 161 of 263
Satellite Food Service Operations (e.g., restaurant, market ~ business with interior food
preparation facilities)
The first two bulleted items are covered under existing Code sections for mobile food vending
vehicles and Temporary Use Permits. Satellite Food Service Operations are for a restaurant or
market to produce food in the business on site and serve it outside. There is also private event
catering, which does not typically require anything from the City other than be associated with a
permitted event and have a business license.
However, there is also Direct-sales catering, which means any catering where food is sold or
served to individual consumers as members of the public (i.e., all catering other than private event
catering). Direct-sales catering is only allowed at a permitted catering host facility that meets
DEHQ requirements at the time the catered food is served. A Catering host facility generally
requires restroom facilities, sinks for cleaning dishes, adequate power, and potable water.
Direct-sales catering allows “limited food preparation”, which is defined as one or more of the
following:
1. Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of
hot dogs, or assembly of non-prepackaged food.
2. Dispensing and portioning of non-potentially hazardous food or dispensing and portioning
for immediate service to a customer of food that has been temperature controlled until
immediately prior to portioning or dispensing.
3. Holding, portioning, and dispensing of any foods that are prepared for satellite food service
by the onsite permanent food facility or prepackaged by another approved source.
4. Holding, portioning, and dispensing of any foods that are prepared by a catering operation.
5. Slicing and chopping of non-potentially hazardous food or produce that has been washed
at an approved facility or slicing and chopping of food on a heated cooking surface during
the cooking process.
6. Cooking and seasoning to order.
7. Juicing or preparing beverages that are for immediate service, in response to an individual
consumer order, which do not contain frozen milk products.
8. Hot and cold holding of food that has been prepared at an approved permanent food
facility.
9. Reheating of food that has been previously prepared at an approved permanent food
facility and held at temperatures required by this chapter.
Limited food preparation does not include any of the following:
1. Slicing and chopping potentially hazardous food, other than produce, unless it is on the
heated cooking surface.
2. Thawing.
3. Cooling of cooked, potentially hazardous food.
4. Grinding raw ingredients or potentially hazardous food.
5. Washing of foods.
6. Cooking of potentially hazardous foods for later use.
7. Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or
products resembling milk products.
Page 162 of 263
Staff has provided a draft ordinance which amends Section 9.07 to define DEHQ requirements
and defer to their permitting process. There is also a requirement for a City business license and
to maintain access to required parking spaces, as these types of uses will typically occur within
parking lots.
California Environmental Quality Act (CEQA)
The ordinance being proposed is considered exempt from CEQA because it is not a project as
defined in Section 15378. If approved, there would be no construction occurring or an increase in
vehicle trips; therefore, there would not be any potential to result in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment.
Summary
Staff is suggesting amending the Municipal Code to allow smaller businesses with limited resources
to expand their ability to serve their customers. If approved, this Ordinance will allow for outside food
sales on a limited basis, subject to County health permit regulations. The amendment would also
make National City consistent with other similar jurisdictions. Subsequent amendments to Title 18
(Zoning) will follow to add cross-references related to the amended Chapter 9.07, including a
recommendation from the Planning Commission.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Second Reading and Adoption
EXHIBITS:
Exhibit A – Strikethrough/underline version
Exhibit B – Ordinance
Page 163 of 263
Chapter 9.07 FOOD CATERERS AND CATERING EQUIPMENT RENTALS
9.07.010 Definitions.
Whenever in this article, the following terms are used, they shall have the meanings
respectively ascribed to them in this section:
A. "Caterer" means a business which prepares food for a catering function for
events such as, but not limited to, picnics, weddings, banquets, parties,
gatherings.
B. "Catering vehicle" means a vehicle upon which food, beverages and related
service equipment are transported related to a catering function.
C. "Catering function" means any event where a caterer provides food for a
person or persons at other than an existing health regulated establishment. A
catering function shall not include those functions that are conducted by
persons engaged or employed in youth organizations, churches, church
societies, private clubs or other nonprofit associations of a religious,
philanthropic, civic improvement, youth development, social, political, or
educational nature which purchase food, food products, or beverages, for
service without charge to their members or to the general public at fund-raising
events, for consumption on or off the premises at which the food, food
products, or beverages are served or sold, if the service or sale of such food,
food products or beverages does not constitute a primary purpose or function
of the club or association, and if no employee or member is assigned full-time
to care for or operate equipment used in such an arrangement.
D. "Catering equipment rental establishment" means an establishment that
provides food service utensils such as dishes, tableware, pots and pans to
caterers or to the public but does not provide catering services.
E. "Department" means the San Diego Department of Environmental Health and
Quality Services.
F. “Direct-sales catering” means any catering where food is sold or served to
individual consumers as members of the public (i.e., all catering other than
private event catering).
G. “Catering host facility” means a fixed facility established and regularly operated
for purposes other than food service.
H. “Satellite Food Service" means a remotely located food service operation that
is conducted on the same property as, in reasonable proximity to, and in
conjunction with and by, a fully enclosed permanent food facility.
9.07.020 Application of legislation.
The provisions of Division I, Title 6, of the San Diego County Code of Regulatory
Ordinances and the California Uniform Retail Food Facilities Law Code (CRFC)
Page 164 of 263
(CURFFL) relative to food handler training and the preparation and distribution of food
are hereby made applicable to caterers and caterer operations.
9.07.030 Health permits and fees.
Persons operating as caterers and catering equipment rental establishments are
considered to be operating a health regulated establishment and are subject to public
health permit requirements as specified in the San Diego County Code of Regulatory
Ordinances. Such persons shall pay the permit fees prescribed for restaurants in
Section 9.04.170 of this code and shall be subject to penalties for delinquent fee
payment as set forth in Section 65.104 and 65.105 of the San Diego County Code of
Regulatory Ordinances.
9.07.040 Notification of catering events.
When requested by the deputy director of environmental health services Director of
Environmental Health of San Diego County, caterers shall notify the department of the
time, date and location of each catering function in a manner specified by the
department.
9.07.050 Potentially hazardous foods.
All potentially hazardous foods as defined in Section 27531 113871 of the
California Uniform Retail Food Facilities Law Code that are stored, held, transported or
served by a caterer must be protected from contamination and kept at temperatures as
required by the California Uniform Retail Food Facilities Law Code.
9.07.060 Toilet facilities.
Adequate toilet and handwashing facilities, as determined by the deputy director of
environmental health services, must be reasonably available in the vicinity of any
location where food is prepared or served.
9.07.070 Catering vehicles.
No person or company shall operate or cause to be operated a catering vehicle
without complying with the following:
A. Such person or company shall have a valid health permit as required by
Section 61.192104 of the San Diego County Code of Regulatory Ordinances.
B. Foods and food containers shall be carried in compartments with cleanable
interior surfaces.
C. Vehicles shall be maintained in a clean condition.
9.07.080 Catering equipment rental establishment.
No person or company shall operate or cause to be operated, a catering equipment
rental establishment without complying with the following:
Page 165 of 263
A. All food service equipment shall be stored in a building that meets the
requirements of the California Uniform Retail Food Facilities Law Code.
B. All food service equipment such as dishes, glasses, tableware, pots and pans
shall be cleaned and sanitized by methods prescribed in the California Uniform Retail
Food Facilities Law Code.
9.07.090 Direct-sales catering.
No person or entity shall engage in direct-sales catering without complying with the
following:
A. Direct-sales catering is only allowed at a permitted catering host facility that
meets the requirements of section 61.306 of the San Diego County Code of
Regulatory Ordinances at the time the catered food is served.
B. Direct-sales catering food service may only occur at a permitted catering host
facility that meets the requirements of section 61.307 of the San Diego County
Code of Regulatory Ordinances at the time the catered food is served.
C. All catering host facilities shall obtain appropriate permits as required by
section 61.303 of the San Diego County Code of Regulatory Ordinances.
D. No required parking spaces or access to the same shall be blocked or impeded
in any way by direct-sales catering activity.
E. A City business license shall be required for the entity engaged in direct-sales
catering (separate from the licensed business premises).
F. No alcohol may be sold or served by any direct-sales caterer.
9.07.100 Satellite Food Service.
No person or entity shall conduct satellite food service operations without
complying with the following:
A. All satellite food service operations shall obtain appropriate permits as required
by the California Retail Food Code and the Director of Environmental Health of
San Diego County.
B. No required parking spaces or access to the same shall be blocked or impeded
in any way by direct-sales catering activity.
C. No alcohol may be sold or served by any satellite food service operations
unless approved by a Conditional Use Permit.
Page 166 of 263
ORDINANCE NO. 2024 –
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AMENDING SECTION 9.07 (FOOD CATERERS AND CATERING EQUIPMENT RENTALS) OF
THE NATIONAL CITY MUNICIPAL CODE.
WHEREAS, the City of National City (the “City”), pursuant to the police powers delegated
to it by the California Constitution, has the authority to enact or amend laws which promote the
public health, safety, and general welfare of its residents; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the State of
California, proceedings were duly initiated for the amendment of the National City Municipal Code;
and
WHEREAS, staff is suggesting an amendment to Chapter 9.07 to address food vending
covered under the existing Department of Environmental Health and Quality (DEHQ) permitting
framework with the intent to allow smaller service businesses such as bars and markets that do
not have kitchens to offer limited food sales on the property; and
WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a
public hearing was held by the City Council on April 16, 2024, and at said public hearing, all
persons interested were given the opportunity to appear and be heard before the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The City Council of the City of National City hereby amends Section 9.07
(Food Caterers and Catering Equipment Rentals) to read as follows:
Chapter 9.07 FOOD CATERERS AND CATERING EQUIPMENT RENTALS
9.07.010 Definitions.
Whenever in this article, the following terms are used, they shall have the meanings
respectively ascribed to them in this section:
A. "Caterer" means a business which prepares food for a catering function for events such
as, but not limited to, picnics, weddings, banquets, parties, gatherings.
B. "Catering vehicle" means a vehicle upon which food, beverages and related service
equipment are transported related to a catering function.
C. "Catering function" means any event where a caterer provides food for a person or
persons at other than an existing health regulated establishment. A catering function shall
not include those functions that are conducted by persons engaged or employed in youth
organizations, churches, church societies, private clubs or other nonprofit associations of
a religious, philanthropic, civic improvement, youth development, social, political, or
educational nature which purchase food, food products, or beverages, for service without
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charge to their members or to the general public at fund-raising events, for consumption
on or off the premises at which the food, food products, or beverages are served or sold,
if the service or sale of such food, food products or beverages does not constitute a
primary purpose or function of the club or association, and if no employee or member is
assigned full-time to care for or operate equipment used in such an arrangement.
D. "Catering equipment rental establishment" means an establishment that provides food
service utensils such as dishes, tableware, pots and pans to caterers or to the public but
does not provide catering services.
E. "Department" means the San Diego Department of Environmental Health and Quality.
F. “Direct-sales catering” means any catering where food is sold or served to individual
consumers as members of the public (i.e., all catering other than private event catering).
G. “Catering host facility” means a fixed facility established and regularly operated for
purposes other than food service.
9.07.020 Application of legislation.
The provisions of Division I, Title 6, of the San Diego County Code of Regulatory
Ordinances and the California Retail Food Code (CRFC) relative to food handler training and the
preparation and distribution of food are hereby made applicable to caterers and caterer
operations.
9.07.030 Health permits and fees.
Persons operating as caterers and catering equipment rental establishments are
considered to be operating a health regulated establishment and are subject to public health
permit requirements as specified in the San Diego County Code of Regulatory Ordinances. Such
persons shall pay the permit fees prescribed for restaurants in Section 9.04.170 of this code and
shall be subject to penalties for delinquent fee payment as set forth in Section 65.104 and 65.105
of the San Diego County Code of Regulatory Ordinances.
9.07.040 Notification of catering events.
When requested by the Director of Environmental Health of San Diego County, caterers
shall notify the department of the time, date and location of each catering function in a manner
specified by the department.
9.07.050 Potentially hazardous foods.
All potentially hazardous foods as defined in Section 113871 of the California Retail Food
Code that are stored, held, transported or served by a caterer must be protected from
contamination and kept at temperatures as required by the California Retail Food Code.
9.07.060 Toilet facilities.
Adequate toilet and handwashing facilities, as determined by the deputy director of
environmental health services, must be reasonably available in the vicinity of any location where
food is prepared or served. 9.07.070 Catering vehicles.
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No person or company shall operate or cause to be operated a catering vehicle without
complying with the following:
A. Such person or company shall have a valid health permit as required by Section 61.104
of the San Diego County Code of Regulatory Ordinances.
B. Foods and food containers shall be carried in compartments with cleanable interior
surfaces.
C. Vehicles shall be maintained in a clean condition.
9.07.080 Catering equipment rental establishment.
No person or company shall operate or cause to be operated, a catering equipment rental
establishment without complying with the following:
A. All food service equipment shall be stored in a building that meets the requirements of the
California Retail Food Code.
B. All food service equipment such as dishes, glasses, tableware, pots and pans shall be
cleaned and sanitized by methods prescribed in the California Retail Food Code.
9.07.090 Direct-sales catering.
9.07.090 Direct-sales catering.
No person or entity shall engage in direct-sales catering without complying with the
following:
A. Direct-sales catering is only allowed at a permitted catering host facility that meets the
requirements of section 61.306 of the San Diego County Code of Regulatory Ordinances
at the time the catered food is served.
B. Direct-sales catering food service may only occur at a permitted catering host facility that
meets the requirements of section 61.307 of the San Diego County Code of Regulatory
Ordinances at the time the catered food is served.
C. All catering host facilities shall obtain appropriate permits as required by section 61.303
of the San Diego County Code of Regulatory Ordinances.
D. No required parking spaces or access to the same shall be blocked or impeded in any
way by direct-sales catering activity.
E. A City business license shall be required for the entity engaged in direct-sales catering
(separate from the licensed business premises).
F. No alcohol may be sold or served by any direct-sales caterer.
9.07.100 Satellite Food Service.
No person or entity shall conduct satellite food service operations without complying with
the following:
A. All satellite food service operations shall obtain appropriate permits as required by the
California Retail Food Code and the Director of Environmental Health of San Diego
County.
B. No required parking spaces or access to the same shall be blocked or impeded in any
way by direct-sales catering activity.
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C. No alcohol may be sold or served by any satellite food service operations unless
approved by a Conditional Use Permit.
Section 2: This Ordinance shall take effect and be in force thirty (30) days from the
date of its passage, and before the expiration of fifteen (15) days after its passage, it or a
summary of it, shall be published once, with the names of the members of the City Council voting
for and against the same in the Star News, a newspaper of general circulation published in the
County of San Diego, California.
Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall
publish in accordance with the law.
INTRODUCED at a regular meeting of the City Council of the City of National City, held on
this 16th day of April, 2024.
PASSED and ADOPTED this 7th day of May, 2024.
__________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz
City Attorney
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AGENDA REPORT
Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Ordinance for Adoption – Discharge of Fats, Oils, and Grease (FOG) to the Municipal Sewer
System.
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City of National City owns and operates the sanitary sewer system within city limits, which
exists to collect and convey the waste collected from residential, commercial and industrial uses.
The City proposes to amend Section 14.06.190 – Industrial Wastes - Discharge Restrictions -
Permit Required When, and add Chapter 14.24 – Fats, Oils and Grease Discharge Control to Title
14 of the National City Municipal Code. The purpose of this proposed ordinance is to establish
further regulations and compliance requirements that will support the City’s FOG control program,
which is an important factor in the operation of the sanitary sewer system.
The proposed amended and new language in the ordinance is expected to reduce the potential
for sanitary sewer overflows (SSOs) and protect public health and the environment by minimizing
public exposure to unsanitary conditions. By controlling the discharge of fats, oils, and grease to
the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby
increasing the system's operating efficiency and reducing the number of sewer line blockages
and overflows.
As a sewer system operator, the City must implement FOG control as required by the State Water
Resources Control Board (SWRCB) Water Quality Order No. 2022-0103-DWQ. This ordinance
will enhance the City’s ability to implement and enforce the following required controls:
Authority to inspect grease producing facilities, and provide enforcement to eliminate fats,
oils, and grease from the sewer system.
Implementation of source control measures for all sources of fats, oils, and grease
reaching the sanitary sewer system.
An implementation plan and schedule for a public education and outreach program that
promotes proper disposal of FOG.
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The legal authority to prohibit discharges to the system and identify measures to prevent
spills and blockages.
Requirements to install grease removal devices (such as traps or interceptors), design
standards for the removal devices, maintenance requirements, best management
practices requirements, recordkeeping and reporting requirements.
The attached Ordinance was introduced by first reading at the City Council Meeting held on April
16, 2024. No revisions were necessary based on direction provided by City Council.
FINANCIAL STATEMENT:
The revised ordinance will not increase the cost to the City as it already has had a FOG program
in place for years, as required by state law. The approximate annual cost for the City to meet its
obligation of oversight and compliance is typically less than $50,000 through a service contract
with an expert consultant, however, that cost is partially recovered through a fee charged to the
grease-producing facility owners. If there are violation issues, the responsible parties are billed
for additional costs incurred by the City.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Health, Environment, and Sustainability
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act. A Public Notice of the proposed Ordinance was published in Star News
on March 29, 2024
ORDINANCE:
Second Reading and Adoption
EXHIBIT:
Exhibit A - Ordinance
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ORDINANCE NO. 2024 -
AN 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.
WHEREAS, the City of National City may adopt ordinances in accordance with its police
powers to ensure the public health, welfare, and safety of its residents, including the police powers
vested in the City pursuant to article XI, section 7, of the California Constitution; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the State of
California, proceedings were duly initiated for the amendment of the National City Municipal Code;
and
WHEREAS, the City of National City owns and operates the sanitary sewer system within
city limits, which exists to collect and convey the waste collected from residential, commercial and
industrial uses; and
WHEREAS, the City proposes to amend Section 14.06.190 – Industrial Wastes -
Discharge Restrictions - Permit Required When, and add Chapter 14.24 – Fats, Oils and Grease
Discharge Control to Title 14 of the National City Municipal Code; and
WHEREAS, the purpose of this proposed ordinance is to establish further regulations and
compliance requirements that will support the City’s FOG control program, which is an important
factor in the operation of the sanitary sewer system; and
WHEREAS, the wastewater collection system’s operating efficiency can be increased by
controlling the discharge of FOG to the system; and
WHEREAS, FOG control is required by the State Water Resources Control Board
(SWRCB) Water Quality Order 2022-0103-DWQ; and
WHEREAS, this ordinance will provide the authority to inspect grease-producing facilities,
and provide enforcement to eliminate fats, oils, and grease from the sewer system; and
WHEREAS, this ordinance will allow for the implementation of source control measures
for all sources of fats, oils, and grease reaching the sanitary sewer system; and
WHEREAS, this ordinance will provide an implementation plan and schedule for a public
education and outreach program that promotes the proper disposal of FOG; and
WHEREAS, this ordinance will provide the legal authority to prohibit discharges to the
system and identify measures to prevent spills and blockages; and
WHEREAS, this ordinance will provide requirements to install grease removal devices
(such as traps or interceptors), design standards for the removal devices, maintenance
requirements, best management practice requirements, and recordkeeping and reporting
requirements.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council of the City of National City hereby amends Section
14.06.190 of the National City Municipal Code to read as follows:
14.06.190 Industrial wastes—Discharge restrictions—Permit required when.
A. Chemical or industrial liquid wastes shall not be discharged into the public sewer system
without obtaining an industrial waste permit and the approval of the San Diego
Metropolitan Sewerage System to discharge such wastes into the public sewer. Wastes
that are known to be detrimental to the public sewer system or detrimental to the
functioning of the sewage treatment plant shall be treated and disposed of as found
necessary and directed by the San Diego Metropolitan Sewerage System or other
authority having jurisdiction.
B. Solid wastes resulting from the preparation of any food or drink prepared on premises
where such foods or drinks are served or proposed to be served for consumption shall not
discharge into the public sewer system in concentrations that may result in separation
from effluent and adherence to sewer structures and appurtenances, accumulate and/or
cause or contribute to blockages in the sewer system or at the sewer system lateral which
connects the food service establishment to the sewer system. Premises where food or
drink are served or proposed to be served for consumption are required to install,
operate and maintain a grease control device of an approved type and adequate size in
accordance with the current edition of the California Plumbing Code, see Chapter 15.20 .
C. Interceptors (including grease, oil and sand, etc.) shall be provided when, in the judgment
of the director of building and safety or the public works director, they are necessary for
the proper handling of liquid wastes containing grease, flammable wastes, sandy solids,
acid or alkaline substances or other ingredients harmful to the building drainage system,
the public or private sewer or to public or private sewage disposal facilities in accordance
to the FOG Ordinance, see Chapter 14.24.
Section 2: The City Council of the City of National City adds Chapter 14.24 of the
National City Municipal Code to read as follows:
Chapter 14.24 – FATS, OILS AND GREASE DISCHARGE CONTROL
Sections:
14.24.010 Title.
This chapter shall be known as "City of National City Fats, Oils and Grease Discharge Control
Ordinance" and shall be so cited.
14.24.020 Purpose and intent.
The purpose of this ordinance is to provide for the protection and maximum beneficial public use
of the City’s sewer system while preventing blockages of the sewer resulting from discharges of
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Fats, Oils, and Grease (“FOG”) to sewer facilities, and to specify appropriate FOG discharge
requirements for food service establishments (“FSEs”).
14.24.030 Definitions.
For the purposes of this chapter, certain terms are defined as follows:
A. “Best management practices” means schedules of activities, prohibitions, pr actices,
maintenance procedures, and other management practices to prevent or reduce the
introduction of FOG to the sewer facilities.
B. “Discharger” means any person who discharges or causes a discharge of wastewater
directly or indirectly into a public sewer.
C. ”Fats, oils, and grease” (FOG) means any substance such as a vegetable or animal
product that is used in, or is a by-product of, the cooking or food preparation process, and
that turns or may turn viscous or solidify with a change in temperature or other conditions.
D. “FOG control program” means the FOG control program required by and developed
pursuant to State Water Resources Control Board Order No. 2022-0103.
E. “Food grinder” means any device installed in the plumbing or sewage system for the
purpose of grinding food waste or food preparation by-products prior to discharge in the
sewer system.
F. “Food service establishment” (FSE) means establishments of any size operating in a
permanently constructed structure, such as a room, building, or place, or portion thereof,
maintained, used, or operated for the purpose of preparing, serving, manufacturing,
packaging, or otherwise handling food, or for consumption by the public, its members, or
employees, and which has any process or device that uses or produces FOG. A limited
food preparation establishment is not considered a FSE when engaged only in reheating,
hot holding, or assembly of ready to eat food products without soiling non-disposable
cookware, serving ware, dishes, or utensils, and as a result, there is no wastewater
discharge containing a significant amount of FOG. A limited food preparation
establishment does not include any operation that changes the form, flavor, or consistency
of food.
G. “Grease” means any material which is extractable from an acidified sample of a waste by
hexane or other designated solvent and as determined by the appropriate procedure in
standard methods. “Grease” includes fats and oils.
H. “Grease control device” means any grease interceptor, grease trap or other mechanism,
device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and
lines, the purpose of which is to trap, collect, or treat FOG prior to it being discharged into
the sewer system. “Grease control device” may also include any other proven method to
reduce FOG subject to the approval of the City.
I. “Grease interceptor” means a multi-compartment device that is constructed in different
sizes and, according to the current edition of the California Plumbing Code, is generally
required to be located underground between a FSE and the connection to the City’s sewer
system. These devices primarily use gravity to separate FOG from the wastewater as it
moves from one compartment to the next. These devices must be cleaned, maintained,
and have the FOG removed and disposed of in a proper manner on regular intervals to be
effective.
J. “Grease trap” means a grease control device that is used to serve individual or multiple
fixtures and have limited effect and should only be used in those cases where the use of
a grease interceptor or other grease control device is determined to be impossible or
impracticable.
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K. “Hot spots” means areas in sewer lines that have experienced sanitary sewer overflows
or that must be cleaned or maintained frequently to avoid blockages of the sewer system.
L. “Private Lateral Sewage Discharge” (PLSD)” means sewage discharges that are caused
by blockages or other problems within privately owned laterals or collection systems which
are tributary to the sanitary sewer system. This type of sewage discharge is the
responsibility of the private lateral or collection system owner.
M. “Remodeling” means a physical change or operational change causing increased FOG
generation that exceeds the current amount of FOG discharge to the sewer system by the
FSE in an amount that alone or collectively causes or creates a potential for SSOs to
occur; or any remodeling of a food service establishment that requires a building permit.
1. “Sanitary sewer overflow” (SSO) means and includes any overflow, spill, release,
discharge or diversion of untreated or partially treated wastewater from a sanitary
sewer system. SSOs include: Overflows or releases of untreated or partially treated
wastewater that reach waters of the United States;
2. Overflows or releases of untreated or partially treated wastewater that do not reach
waters of the United States; and
3. Wastewater backups into buildings and on private property that are caused by
blockages or flow conditions within the publicly owned portion of a sanitary sewer
system.
N. “Sewage” means the waterborne wastes derived from ordinary human living processes
and of such character as to permit satisfactory disposal, without special treatment, into the
public sewer, a private sewer, or by means of household septic tank systems and
individual household aerobic units.
O. Sewer, Public. See definition in Chapter 14.06.010 of the municipal code.
P. “Wastewater” means any liquid waste of any kind, whether treated or not, and whether
animal, mineral or vegetable including sewage, agricultural, industrial and thermal wastes,
which are discharged into or permitted to enter a public sewer.
14.24.040 FOG discharge requirement.
No food service establishment (FSE) shall discharge or cause to be discharged into the sewer
system any FOG in concentrations that may result in separation from effluent and adherence to
sewer structures and appurtenances, accumulate, and/or cause or contribute to blockages in the
sewer system or at the sewer system lateral which connects the FSE to the sewer system. The
following requirements shall apply to all FSEs:
A. Grease control device. FSEs are required to install, operate and maintain a grease control
device of an approved type and adequate size in accordance with the current edition of
the California Plumbing Code, see Chapter 15.20.005 -2022 CPC, (adopted Ordinance
No. 2023-2513, §§ 3, 2-21-2023) to maintain compliance with the objectives of this
chapter, subject to the variance and waiver provisions of Section 14.24.060. The grease
control device shall be adequate to separate and remove FOG contained in wastewater
discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and
drain lines located in the food preparation and clean up areas of FSEs that are sources of
FOG discharges shall be connected to the grease control device. The grease control
device shall be installed at a location approved by the County of San Diego or at the
discretion of the City Engineer, where it shall be at all times easily accessible for
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inspection, cleaning, and removal of accumulated grease. Compliance shall be
established as follows:
a. Newly constructed FSEs, and FSEs that open a new business within an existing
building, shall install grease control devices prior to commencing discharges of
wastewater to the sewer system. This includes FSEs that are remodeling the site
as well as those that are not remodeling the site.
b. Existing FSEs shall be required to install and operate a grease control device within
6 months of notification by the City, or at the discretion of the City Engineer, if in the
determination of the FOG program manager any of the following apply:
i. The existing FSE has caused or contributed to the buildup of FOG, or a FOG-
related blockage, in the sewer system including private laterals, and has
reasonable potential to adversely impact the sewer system.
ii. The existing FSE has a sewer lateral connected to a hot spot, and has
reasonable potential to adversely impact the sewer system.
iii. The existing FSE has made any change in food preparation or business
operations that is different than the original business application and those
changes will lead to an increase in grease disposal which have reasonable
potential to adversely impact the sewer system.
iv. The existing FSE undergoes remodeling, as defined in Section 14.24.040.A.a.
v. The existing FSE undergoes a change in ownership.
vi. The existing FSE has reasonable potential to adversely impact the sewer
system.
B. Private lateral maintenance. All FSEs are required to clean the sewer lateral from the
facility to the sewer main at least annually, or more often as needed to ensure proper flow
within the sewer lateral.
C. Maintenance Records. A record of sewer lateral cleaning must be maintained and kept on
file for review at the food service facility. FSEs with a grease control device shall keep
records of cleaning, maintenance and grease removal. All such records must be retained
on site by the facility for a minimum of two years. A separate maintenance log shall be
maintained for each grease control device.
D. Inspection. Each FSE shall allow authorized City officials or enforcement officers, or an
authorized representative , access to the premises during normal business hours and at
reasonable times, for purposes of sampling, inspections and review of records relating to
grease disposal.
a. When offered by the City, inspections may be completed through a self -verification
process. Failure to respond to a self-verification request or provide the necessary
documentation will result in an onsite inspection by authorized City officials or
enforcement officers, or an authorized representative .
14.24.050 FOG prohibitions.
The following prohibitions shall apply to all FSEs:
A. Installation of food grinders in the plumbing system of new construction or remodeling of
FSEs shall be prohibited.
B. Introduction of any additives into a FSE’s wastewater system for the purpose of
emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a
supplement to grease control device maintenance is prohibited, unless a specific written
authorization from the City of National City and the City of San Diego is obtained.
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C. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall
be collected and stored properly in receptacles such as barrels or drums for r ecycling or
other acceptable methods of disposal.
D. Discharge of wastewater from dishwashers to any grease control device is prohibited.
E. Discharge of wastewater with temperatures in excess of 140 degrees Fahrenheit to any
grease control device, including grease traps and grease interceptors, is prohibited.
F. Discharge of any waste, including FOG and solid materials removed from the grease
control device to the sewer system, is prohibited.
14.24.060 Variance and waiver of grease control device requirement.
A. Variance from Grease Interceptor Requirements. An existing FSE may obtain a variance
from the grease interceptor requirement to allow alternative pretreatment technology that
is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor,
if the FSE demonstrates that it is impossible or impracticable to install, operate or maintain
a grease interceptor. The City’s determination to grant a variance will be based upon, but
not limited to, evaluation of the following conditions:
a. There is no adequate space for installation and/or maintenance of a grease
interceptor.
b. There is no adequate slope for gravity flow between the kitchen plumbing fixtures
and the grease interceptor and/or between the grease interceptor and the private
collection lines or the public sewer.
c. The FSE can justify that the alternative pretreatment technology is equivalent or
better than a grease interceptor in controlling its FOG discharge. In addition, the FSE
must be able to demonstrate, after installation of the proposed alternative
pretreatment, its effectiveness to control FOG discharge through downstream visual
monitoring of the sewer system, for at least three months, at its own expense. A
variance may be granted if the results show no visible accumulation of FOG in its
lateral and/or tributary downstream sewer lines.
B. Conditional Waiver from Installation of Grease Interceptor. An existing FSE may obtain a
conditional waiver from installation of a grease interceptor, if the FSE demonstrates that it
has negligible FOG discharge and insignificant impact to the sewer system. Although a
waiver from installation of a grease interceptor may be granted, the FSE may be required
to provide space and plumbing segregation for future installation of a grease intercept or.
The City’s determination to grant or revoke a conditional waiver shall be based upon, but
not limited to, evaluation of the following conditions:
a. Quantity of FOG discharge as measure or as indicated by the size of FSE based on
seating capacity, number of meals served, menu, water usage, amount of on-site
consumption of prepared food, and other conditions that may reasonably be shown
to contribute to FOG discharges.
b. Adequacy of implementation of best management practices and compliance history.
c. Sewer size, grade, condition based on visual information, FOG disposition in the
sewer by the FSE, and history of maintenance and sewer spills in the receiving
sewer system.
d. Changes in operations that significantly affect FOG discharge.
e. Any other condition deemed reasonably related to the generation of FOG discharges
by the City.
C. Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For
FSEs where the installation of a grease interceptor is not feasible and no equivalent
alternative pretreatment can be installed, a waiver from the grease interceptor requirement
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may be granted with the imposition of a grease disposal mitigation fee. Additional
requirements may be imposed to mitigate the discharge of FOG into the sewer system.
D. Any FSE may request a conditional waiver or variance from the FOG program manager,
in order to avoid compliance with the grease control device installation requirement. The
FSE bears the burden of demonstrating, to the program manager’s satisfaction, that the
installation of a grease control device is either not feasible or not applicable. If a grease
control device is determined to not be feasible, the applicant must demonstrate how
acceptable alternatives will be sufficient to prevent FOG discharges to the sewer system
from the FSE. If a grease control device is not necessary, the applicant must demonstrate
that it has negligible FOG discharge and insignificant impact to the sewer system. The
FSE will be given notice in writing that a conditional waiver or variance from the grease
control device requirement has been approved.
E. Terms and Conditions. The program manager may impose terms and conditions on the
issuance of a waiver and may impose conditions on the FSE’s business license in
accordance with an approved waiver. A conditional waiver may be suspended or revoked
at any time when any of the terms and conditions for its issuance is not satisfied or if the
conditions upon which the conditional waiver was based change so that the justification
for the exception no longer exists. The conditional waiver shall be valid only so long as
the FSE remains in compliance with all requirements.
14.24.070 Commercial properties.
Property owners of commercial properties or their official designee(s) shall be responsible for the
installation and maintenance of the grease control device serving multiple FSEs that are located
on a single parcel.
Property owners of commercial properties or their official designee(s) shall be responsible for the
maintenance of the sewer lateral serving multiple FSEs that are located on a single parcel.
14.24.080 Sewer System Overflows, Abatement Orders and Cleanup Costs.
Private sewer lateral failures and SSOs caused by FSEs, alone or collectively, are the
responsibility of the private property owner and FSE. If, either at the request of a FSE or to abate
an immediate threat to the public health, safety, welfare, or property, the City acts to contain
and/or clean up an SSO or the blockage of a sewer lateral or the sewer system caused by a FSE,
the City’s costs for such abatement shall be entirely borne by the property owner of the FSE, or
the discharger, and shall constitute a debt to the City and become due and payable upon the
City’s request for reimbursement of such costs.
Any person who discharges any waste and/or wastewater which causes or contributes to any
sewer blockage, SSO, obstruction, interference, damage, or any other impairment to the City's
sewer facilities or to the operation of those facilities shall be liable for all costs incurred to clean
or repair the facilities together with expenses incurred by the City to resume normal operations.
Any person who discharges waste and/or wastewater to the sewer system which causes or
contributes to the City violating discharge requirements established by any Regulatory Agency
shall be liable for any costs or expenses incurred by the City as a result, including but not limited
to regulatory fines, penalties, and assessments made by other agencies or a court.
14.24.090 Requirements for best management practices.
All FSEs shall implement best management practices in accordance with the requirements and
guidelines established by the City under its Sewer System Management Plan (SSMP).
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14.24.100 Grease control device maintenance requirements.
All FSEs shall implement grease control device maintenance in accordance with the requirements
and guidelines established by the City under its Sewer System Management Plan (SSMP).
14.24.110 Enforcement.
A. The City Engineer, who is assigned to duties that include the enforcement of FOG
Discharge Control regulations and laws, is responsible for enforcing the provisions of this
chapter.
B. The City Engineer shall have responsibility for enforcing all provisions of this chapter.
Violation of any provision of this ordinance shall constitute grounds for issuing a Notice of
Violation and assessing a fine by a City’s Enforcement Official or representative.
Enforcement Actions under this ordinance are the issuance of an administrative citation
and assessment of a fine according to Section 1.20.010. However, nothing herein
provided shall prevent the City Engineer from efforts to obtain voluntary compliance by
way of warning, a notice of violation or educational means.
Section 3: This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it,
shall be published once, with the names of the members of the City Council voting for and against
the same in the Star News, a newspaper of general circulation published in the County of San
Diego, California.
Section 4: That the City Clerk shall certify to the adoption of this Ordinance and shall
publish in accordance with the law.
INTRODUCED at a regular meeting of the City Council of the City of National City,
California, held on the 16th day of April, 2024.
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 180 of 263
AGENDA REPORT
Department: Community Development
Prepared by: David McEachern, Housing Programs Specialist II
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Public Hearing No. 2 of 2 and Adoption of HUD 2024-2025 Action Plan and Allocation of Funds
to CDBG and HOME Activities.
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Overview | The U.S. Department of Housing and Urban Development (HUD) provides annual
grants on a formula basis to entitlement cities and counties, including the City of National City for
its Community Planning and Development Programs (CPD). The City of National City (City)
receives Community Development Block Grant (CDBG) and HOME Investment Partnerships
(HOME) Program funds on an annual basis. The primary statutory objectives of the CDBG
Program are to develop viable urban communities by providing decent housing, a suitable living
environment, and by expanding economic opportunities, principally for low and moderate-income
persons. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, and
affordable housing.
The 2020-2024 Consolidated Plan is the framework for the HUD CDBG and HOME entitlement
programs. The Consolidated Plan outlines the City's housing and non-housing community
development needs and priorities over five years. An overview of the Consolidated Plan's goals
and priorities is attached to this staff report (Exhibit B). In addition, the entire Consolidated Plan
and program information can be found at www.nationalcityca.gov/cdbg-home.
Funding Availability | For fiscal year (FY) 2024-2025, HUD program year 2024, the City
estimates receiving $700,000 in CDBG entitlement funds. Of that amount, a maximum of 20% of
the CDBG allocation is reserved for program administration and mandatory fair housing
requirements.
HOME entitlement funds are estimated at $400,000 for FY 2024-2025. Of that amount, 10% of is
reserved for administration. The remaining amount will be set aside for an affordable housing
activity.
Page 181 of 263
In addition to the entitlement funds discussed above, $124,315 in HOME funds from program
income will be reallocated to HOME activities (Exhibit “A”).
Notice of Funding | Interested parties were notified of the 2024-2025 Action Plan development
process through a Notice of Funding Availability (NOFA) made available on Januar y 22, 2024.
The NOFA was sent via email and posted on the Housing Authority website.
Public Hearing No. 1 | At the first public hearing held on March 19, 2024 the City Council
accepted project and program funding recommendations for the CDBG and HOME entitlement
grant funds. CSA San Diego County was accepted as the City’s fair housing provider to be funded
out of the mandatory 20% CDBG administrative allocation. The remainder of CDBG entitlement
funds, available for non-public service programs, was recommended for a Section 108 loan in the
upcoming year to supplement the funding of a public facility or infrastructure project through the
National City Engineering Department. The funding of public facility or infrastructure project would
meet the CDBG national objective by providing community benefit to low-income residents.
Utilization of a Section 108 Loan is encouraged by HUD and would help the City meet strict
expenditure deadlines enforced by HUD on an annual basis. The Section 108 Loan is available
to CDBG grantees at a maximum value of five times their most recent entitlement amount, which
currently would allow for approximately $3,500,000 for the City of National City. The City would
use a portion of its yearly CDBG entitlement to fulfill the Section 108 Loan yearly debt service
payments. Notably, the City paid off its previous Section 108 loan for Fire Station 34 in FY 2023-
2024.
The remaining HOME funds that are not allocated to CHDO or program administration will be set
aside for future affordable housing activity.
Annual Action Plan Approval | This is the second and final Public Hearing and was preceded
by a 30-day public review period (April 5 through May 6, 2024) of the draft 2024-2025 Annual
Action Plan. During this review period, interested persons and community groups were provided
the opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program
activities proposed. After all public comments have been considered at the second Public Hearing
on May 7, 2024, the City Council will adopt the 2024-2025 Action Plan and proposed CDBG and
HOME Program funding recommendations for submittal to HUD by May 15, 2024.
HUD Review | Upon receipt of the 2024-2025 Action Plan, HUD has 45 days to review and accept
the Plan (reference Exhibit “B” for the timeline). The Plan specifically details the City’s utilization
of its CDBG and HOME program funds.
FINANCIAL STATEMENT:
The City anticipates receiving an estimated $700,000 in CDBG and $400,000 in HOME Program
funds for FY 2024-2025. In addition, the City will reprogram to FY 2024-2025 $124,315 in HOME
program income received. As of April 16, 2024, HUD has not released the FY 2024-2025
entitlement appropriations. When the final appropriations are made by HUD, staff will make
necessary adjustments to the CDBG and HOME activity allocations by following the method
described in Exhibit “A.” Pending the May 7, 2024, City Council approval of the Annual Action
Plan and Resolution, the City Manager will approve adjustments made to CDBG and HOME
activity allocations. Staff will ratify the final entitlement appropriations at the next available meeting
after HUD’s final entitlement appropriations are received by City staff.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
Page 182 of 263
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act. Published in The Star-News, on the City Website and Posted on Bulletin
Boards at City Hall.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Activity Funding
Exhibit B - Explanation
Exhibit C - Public Notice
Exhibit D - Resolution
Page 183 of 263
700,000.00$ 400,000.00$
-$ 124,315.11$
700,000.00$ 524,315.11$
Planning and Administration
Applicant Name
National City Housing Authority HOME Program Administration
HOME TOTAL:
Program Name Proposed Amount
52,431.51$
524,315.11$
When HUD releases the final CDBG and HOME entitlement award, if there is an increase or decrease from the estimated award amounts, CDBG Program
Administration, HOME Program Administration, and HOME Set-Aside activity funding will be increased or decreased proportionally.
The City Manager will review and accept the final funding commutments as directed by the City Council.
The numbers above are estimated entitlement awards for CDBG and HOME. U.S. Department of Housing and Urban Development (HUD) has not released
funding allocations for program year 2024-2025. Staff has proposed program funding recommendations for consideration by City Council. Funding commitments to
any activity will depend on the ability to fund the activity with the actual award made to the City by HUD.
Program Name
560,000.00$
Proposed Amount
100,000.00$
40,000.00$
700,000.00$
Section 108 Payment Set Aside- New Loan
Applicant Name
Applicant Name
ESTIMATED
Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding for HUD Program Year 2024
City Fiscal Year 2024-2025
Community Development Block Grant (CDBG) Program
Applicant Name
CSA San Diego County
HOME Entitlement (estimated):
HOME Program Income:
Total HOME funds available:
CDBG Entitlement (estimated):
CDBG Program Income:
National City Housing Authority CDBG Program Administration
CDBG TOTAL:
Total CDBG funds available:
Fair Housing & Tenant Landlord Services
Affordable Housing Activities Set-Aside
HOME Investments Partnership(HOME) Program
Project Funds
National City Housing Authority
Proposed Amount
471,883.60$
Program Name
Planning and Administration
National City Engineering Department
Non-Public Service Funds
Proposed AmountProgram Name
Page 184 of 263
Exhibit B
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.
Supplemental Explanation
Public Noticing | Public participation is an essential part of the development of the Annual Action
Plan. All noticing for this process which sets forth the City’s policies and procedures for public
participation is described in the Citizen and Community Participation Plan per City Council Resolution
2020-84 and can be found at www.nationalcityca.gov/cdbg-home.
Public Notices in English, Spanish, and Tagalog are provided in Exhibit “C.”
Consolidated Plan Goals:
The 2020-2024 Consolidated Plan is the framework for the U.S. Department of Housing and Urban
Development’s (HUD) Community Development Block Grant (CDBG) and HOME Investment
Partnerships (HOME) Program entitlement programs. The Plan outlines the City's housing and non-
housing community development needs and priorities over five years. The entire Consolidated Plan
and program information can be found at www.nationalcityca.gov/cdbg-home.
1. Goal: Provide Decent and Affordable Housing
Priority: Conserve and Improve Existing Affordable Housing
o Assistance to aid in the rehabilitation of single-family and multi-family housing units.
o Acquisition, with or without rehabilitation, of multi-family projects.
o Conservation of affordable housing at risk of converting to market-rate housing.
Priority: Provide Homeownership Assistance
o Assistance to low-moderate income households to achieve homeownership
o Assistance to developers for the acquisition and re-sale of housing units to low-
moderate income homebuyers.
Priority: Assist in the Development of Affordable Housing
o Assistance to developers in the development of affordable housing, including
acquisition, land assemblage, construction, conversion, purchase of affordability
covenants, or other mechanisms.
2. Goal: Provide Community Facilities and Infrastructure
Priority: Provide for Community Facilities and Infrastructure
o Provide for new and improve existing community facilities and infrastructure. These
may include, but are not limited to: parks and recreation facilities; fire equipment;
facilities prioritized on the City’s ADA Transition Plan; community facilities; and public
streets, sidewalks, curbs, and rights-of-way.
o Repayment of Fire Station 34 Section 108 loan. Assess the need for and (when
determined to be warranted) pursue section 108 loans for large-scale public
improvement and revitalization projects.
Page 185 of 263
Exhibit B
3. Goal: Provide Community and Supportive Services
Priority: Provide Community and Supportive Services
o Provide for a variety of community and supportive services, with special emphasis on
crime awareness and prevention programs such as code enforcement, services for
the homeless, seniors, at-risk youth, the disabled, and other persons with special
needs.
4. Goal: Support Initiatives that Reduce Homelessness
Priority: Support Initiatives that Reduce Homelessness
o Tenant-based rental assistance that targets families that are homeless or housing
insecure, and families experiencing domestic violence.
o Participate in the San Diego County Regional Task Force on the Homeless (RTFH)
and South Bay Homeless Alliance to assess needs and coordinate efforts to address
needs.
5. Goal: Promote Equal Housing Opportunity
Priority: Promote Equal Housing Opportunity
o Promote fair housing services provided by the City’s fair housing services provider.
o Comply with fair housing planning requirements (as identified in the Analysis of
Impediments to Fair Housing Choice).
6. Goal: Planning and Administration
Priority: Planning and Administration
o Invest in the planning and administration of the CDBG and HOME programs.
This space was left intentionally blank
Page 186 of 263
Exhibit B
CDBG/HOME PROGRAMS ANNUAL ACTION PLAN TIMELINE
Date Action
January 22
CDBG/HOME Notice of funding available to
city departments and grant funding
applications available for distribution.
January – March Drafting of the 2024-2025 Action Plan
February 8 Application submission deadline for
CDBG/HOME FY 2024-2025 funding
February - March Application Review Period
March 8 – March 18
10-day Notice of Public Review Period and
Notice of Public Hearing for the Draft
2024-2025 Action Plan
March 19
Public Hearing No.1 on the 2024-2025 Action
Plan and applicant funding recommendations
to the City Council
April 5 – May 6
30-day Notice of Public Review Period and
Notice of Public Hearing for the Draft 2024-
2025 Action Plan
May 7 Public Hearing No.2 (Final) to approve the
Draft 2024-2025 Action Plan
May 15 Submission of the FY 2024-2025 Action Plan
to HUD
May Application Award Notification
June – July
Begin contract negotiations with selected
CDBG/HOME subrecipients and initiative
environmental reviews
July 1 Beginning of Program Year
All dates listed herein are tentative and are subject to change. Therefore, persons relying on
this Schedule must contact the National City Housing Authority by email at
housing@nationalcityca.gov to confirm dates for each event listed above.
Page 187 of 263
PUBLIC NOTICE | CITY OF NATIONAL CITY
30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT FISCAL YEAR
2024-2025 ANNUAL ACTION PLAN
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to
prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs
funded by the U.S. Department of Housing and Urban Development (HUD). The 2020-2024 Consolidated Plan
outlines the City's housing and non-housing community development needs and priorities over five years. The
Annual Action Plan (Action Plan), 2024-2025, outlines how the City intends to spend an estimated $700,000 in
federal Community Development Block Grant (CDBG) and $400,000 in federal HOME Investment Partnerships
(HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates allocating
$124,315 in program income earned from the previous year's HOME activities to fund activities listed under the
proposed Action Plan.
Notice is hereby given that the City Council of the City of National City will hold the second and final Public
Hearing on Tuesday, May 7, 2024, at 6:00 p.m at City Hall located at 1243 National City Boulevard in National
City and online www.nationalcityca.gov/webcast. The purpose of the Public Hearing is to review public comments
received during a 30-day public review period (April 5 through May 6, 2024) of the 2024-2025 draft Action Plan;
and to provide interested persons and community groups with one last opportunity to share their thoughts
redarding the Action Plan and the CDBG and HOME Program activities being proposed. Public participation is
an essential part of the development of the Action Plan. Interested persons and community groups are invited to
provide public comment (details below) and review the draft Action Plan on the City’s website
www.nationalcityca.gov/cdbg-home. A hardcopy of the Plan is available at the National City Housing Authority
(140 E. 12th Street, National City). Public comment may be submitted prior to the meeting in writing by email at
clerk@nationalcityca.gov; please provide the agenda item number or title of the item in the subject line of the
email. Email comments received at least 4 hours prior to the City Council Meeting will allow time for distribution
to the City Council.
After all public comments have been considered at the Public Hearing on May 7, 2024, the City Council will adopt
the 2024-2025 Action Plan and proposed CDBG and HOME Program funding recommendations. The Action Plan
will then be submitted to HUD for review and acceptance.
Any person with a disability who requires a modification or accommodation in order to participate in a meeting
should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting.
Hearing-impaired persons, please use the CAL Relay Service Number 711. Spanish Interpretation
Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the
meeting for assistance.
Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4284.
Carlos Aguirre, Director of Community Development
City of National City
April 5, 2024
Exhibit C
Page 188 of 263
AVISO PÚBLICO | CIUDAD DE NATIONAL CITY
PERÍODO DE REVISIÓN PÚBLICA DE 30 DÍAS Y AUDIENCIA PÚBLICA FINAL PARA EL PLAN DE
ACCIÓN ANUAL PARA EL AÑO FISCAL 2024-2025
De acuerdo con las regulaciones federales en 24 CFR, Parte 91, la Ciudad de National City (Ciudad) debe preparar y
presentar un Plan de Acción Anual para sus Programas de Vivienda y Desarrollo Comunitario financiados por el
Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD). El Plan Consolidado 2020-2024 describe
las necesidades y prioridades de desarrollo comunitario de vivienda y no vivienda de la Ciudad durante cinco años. El Plan
de Acción Anual (Plan de Acción) para el Año Fiscal 2024-2025 describe cómo la Ciudad tiene la intención de
gastar $700,000 federales en bloque de desarrollo comunitario (CDBG) y aproximadamente $400,000 en fondos federales
del Programa home Investment Partnerships (HOME). Además de las fuentes de financiamiento mencionadas
anteriormente, la Cuidad asignar $124,315 en los ingresos del programa obtenidos de las actividades HOME de años
anteriores para financiar las actividades enumeradas en el Plan de Acción propuesto.
Por la presente se notifica que el Concejo Municipal de la Ciudad de National City llevará a cabo el segundo y final
Audiencia Pública el martes 7 de mayo de 2024 a las 6:00 p. m. en el Ayuntamiento ubicado en 1243 National City
Boulevard en National City y en línea www.nationalcityca.gov/webcast. El propósito de la Audiencia Pública es para revisar
los comentarios públicos recibidos durante un período de revisión pública de 30 días (del 5 de abril al 6 de mayo de 2024)
del borrador del Plan de Acción 2024-2025; y brindar a las personas interesadas ya los grupos comunitarios una última
oportunidad para compartir sus pensamientos sobre el Plan de Acción y las actividades propuestas por CDBG y el Programa
HOME. La participación pública es una parte esencial del desarrollo del Plan de Acción. Las personas interesadas y los
grupos comunitarios están invitados a proporcionar comentarios públicos (detalles a continuación) y revisar el borrador del
Plan de Acción en el sitio web de la Ciudad www.nationalcityca.gov/cdbg-home. Una copia impresa del Plan está disponible
en la Autoridad de Vivienda de National City (140 E. 12th Street, National City). Los comentarios públicos pueden enviarse
antes de la reunión por escrito por correo electrónico a clerk@nationalcityca.gov; proporcione el número de tema de la
agenda o el título del tema en la línea de asunto del correo electrónico. Comentarios por correo electrónico recibidos al
menos 4 horas antes de la reunión del Concejo Municipal darán tiempo para su distribución al Concejo Municipal.
Después de que todos los comentarios públicos hayan sido considerados en la Audiencia Pública del 7 de mayo de 2024, el
Concejo Municipal adoptará el Plan de Acción 2024-2025 y las recomendaciones de financiación propuestas por CDBG y
el Programa HOME. Luego, el Plan de Acción se enviará a HUD para su revisión y aceptación.
Cualquier persona con una discapacidad que requiera una modificación o adaptación para participar en una reunión debe
dirigir dicha solicitud a la Oficina del Secretario Municipal (619) 336-4228 al menos 24 horas antes de la reunión. Las
personas con problemas de audición deben usar el número de servicio de retransmisión de CAL 711. Servicios de
interpretación en español: los servicios de interpretación en español están d isponibles, comuníquese con el secretario
municipal antes del comienzo de la reunión para obtener ayuda. Asistencia en Español: Para que le interpreten la
información en español, llame al (619) 336-4284.
Carlos Aguirre, Director of Community Development
Ciudad de National City
5 de abril, 2024
Exhibit C
Page 189 of 263
PAUNAWA SA PUBLIKO | LUNGSOD NG NATIONAL CITY
30 ARAW NA PANAHON NG PAMPUBLIKONG PAGSUSURI AT HULING PUBLIC HEARING PARA SA
DRAFT FISCAL YEAR 2024-2025 TAUNANG ACTION PLAN
Alinsunod sa mga pederal na regulasyon sa 24 CFR, Part 91, ang Lungsod ng National City (Lungsod) ay inaatasan na
maghanda at magsumite ng Taunang Action Plan para sa Housing and Community Development Entitlement Programs nito
na pinondohan ng U.S. Department of Housing and Urban Development (HUD). Ang 2020-2024 Consolidated Plan ay
nagbabalangkas sa pabahay at hindi pabahay na mga pangangailangan sa pagpapaunlad ng komunidad at mga priyoridad sa
loob ng limang taon. Ang Taunang Action Plan (Action Plan), 2024-2025, ay nagbabalangkas kung paano nilalayon ng
Lungsod na gumastos ng tinatayang $700,000 sa pederal na Community Development Block Grant (CDBG) at $400,000 sa
pederal na HOME Investment Partnerships (HOME) na mga pondo para sa karapatan sa Programa. Bilang karagdagan sa
mga pinagmumulan ng pagpopondo na binanggit sa itaas, inaasahan ng Lungsod ang paglalaan ng $124,315 sa kita ng
programa na kinita mula sa mga aktibidad sa HOME noong nakaraang taon upang pondohan ang mga aktibidad na nakalista
sa ilalim ng iminungkahing Action Plan.
Ang abiso ay ibinibigay dito na ang Konseho ng Lungsod ng National City ay magsasagawa ng ikalawa at huling Public
Hearing sa Martes, Mayo 7, 2024, sa ganap na 6:00 p.m. sa City Hall na matatagpuan sa 1243 National City Boulevard sa
National City at online www.nationalcityca.gov/webcast. Ang layunin ng Public Hearing ay upang suriin ang mga
pampublikong komento na natanggap sa loob ng 30-araw na panahon ng pampublikong pagsusuri (Abril 5 hanggang Mayo
7, 2024) ng draft na 2024-2025 Action Plan; at upang bigyan ang mga interesadong tao at mga grupo ng komunidad ng
huling pagkakataon na ibahagi ang kanilang mga saloobin tungkol sa Action Plan at mga aktibidad ng CDBG at HOME
Program na iminumungkahi. Ang mga interesadong tao at grupo ng komunidad ay iniimbitahan na magbigay ng
pampublikong komento (mga detalye sa ibaba) at suriin ang draft na Action Plan sa website ng Lungsod na
www.nationalcityca.gov/cdbg-home. Ang hardcopy ng Action Plan ay makukuha sa National City Housing Authority (140
E. 12th Street, National City). Maaaring isumite ang pampublikong komento bago ang pagpupulong sa pamamagitan ng
sulat sa pamamagitan ng email sa clerk@nationalcityca.gov; mangyaring ibigay ang numero ng item ng agenda o pamagat
ng item sa linya ng paksa ng email. Ang lahat ng komento sa email na natanggap nang hindi bababa sa 4 oras bago ang
Pagpupulong ng Konseho ng Lungsod ay magbibigay ng oras para sa pamamahagi sa Konseho ng Lungsod.
Matapos isaalang-alang ang lahat ng pampublikong komento sa Public Hearing sa Mayo 7, 2024, ang Konseho ng Lungsod
ay magpapatibay sa 2024-2025 Action Plan at mga iminungkahing rekomendasyon sa pagpopondo ng CDBG at HOME
Program. Pagkatapos ay isusumite ang Action Plan sa HUD para sa pagsusuri at pagtanggap.
Ang sinumang taong may kapansanan na nangangailangan ng pagbabago o akomodasyon upang makasali sa isang
pagpupulong ay dapat idirekta ang naturang kahilingan sa Opisina ng Klerk ng Lungsod (619) 336-4228 nang hindi bababa
sa 24 na oras bago ang pagpupulong. Mga taong may kapansanan sa pandinig, mangyaring gamitin ang CAL Relay Service
Number 711. Mga Serbisyo sa Interpretasyon ng Espanyol: Available ang mga Serbisyo sa Interpretasyon ng Espanyol,
mangyaring makipag-ugnayan sa Klerk ng Lungsod bago magsimula ang pagpupulong para sa tulong.
Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336 -4284.
Carlos Aguirre, Director of Community Development
Lungsod ng National City, Abril 5, 2024
Exhibit C
Page 190 of 263
RESOLUTION NO. 2024 -
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.
WHEREAS, as an entitlement community, the City of National City ("City'') administers the
Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act
("HOME") Program for the Federal Government under the United States Department of Housing
and Urban Development ("HUD"); and
WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare
and submit an Annual Action Plan for Housing and Community Development Programs funded
by CDBG and HOME; and
WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities,
such as the City of National City, hold at least two public hearings and a 30-day public comment
period to solicit input on the 2024-2025 Annual Action Plan; and
WHEREAS, the City Council conducted a duly advertised Public Hearing on March 19,
2024, and May 7, 2024, to receive input from the public; and
WHEREAS, the 30-day comment period for the 2024-2025 Annual Action Plan occurred
from April 5, 2024, to May 6, 2024; and
WHEREAS, the City will incorporate public comments received for the 2024-2025 Annual
Action Plan; and
WHEREAS, HUD has not released entitlement appropriations to the City and staff has
estimated the 2024-2025 HUD formula allocation to be $700,000 for CDBG and $400,000 for the
HOME Program, which have been used to determine the Annual Action Plan activities to consider
for funding identified in Exhibit A; and
WHEREAS, staff will make necessary adjustments to the CDBG and HOME activity
allocations listed in the Annual Action Plan by following the method described in Exhibit A when
final appropriations are provided by HUD; and
WHEREAS, the City Manager will be authorized to approve any adjustments made to
CDBG and HOME activity allocations. Staff will return to ratify the final entitlement appropriations
to activities funded to City Council at the next available City Council meeting after HUD’s final
entitlement appropriations are received; and
WHEREAS, City staff has also identified and verified program income received from the
HOME Program in the amount of $124,315.11 to supplement further the funding of activities in
the 2024-2025 Annual Action Plan as listed in the attached Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Page 191 of 263
Section 1: The City Council authorizes the submission of the 2024-2025 Annual Action
Plan and the expenditure of the HUD CDBG and HOME estimated entitlement funds as set forth
in Exhibit “A.”
Section 2: The City Council authorizes allocating $124,315.11 in HOME Program income
to supplement the funding of activities specified in the 2024-2025 Annual Action Plan, as set forth
in Exhibit “A.”
Section 3: The City Council authorizes the City Manager or his designee to execute
budget adjustments as necessary for the program funding to reflect the HOME and CDBG
entitlement and funding allocations in the 2024-2025 Annual Action Plan.
Section 4: After HUD releases final CDBG and HOME entitlement appropriations, City
Staff will request ratification of the activity allocations at the next available City Council meeting.
Section 5: The City Council authorizes the City Manager or his designee to execute the
final submission of the 2024-2025 Annual Action Plan, modify and execute any and all appropriate
instruments, certifications, agreements, contracts, and implementing documents related to the
implementation and administration of the proposed 2024-2025 Annual Action Plan to fully
implement the activities funded under said Plan, including subrecipient grant contracts and
agreements, based on HUD’s appropriation to the City.
Section 6: The City Clerk shall certify the passage and adoption of this Resolution and
enter it into the book of original Resolution.
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 192 of 263
Exhibit “A”
700,000.00$ 400,000.00$
-$ 124,315.11$
700,000.00$ 524,315.11$
Planning and Administration
Applicant Name
National City Housing Authority HOME Program Administration
HOME TOTAL:
Program Name Proposed Amount
52,431.51$
524,315.11$
When HUD releases the final CDBG and HOME entitlement award, if there is an increase or decrease from the estimated award amounts, CDBG
Program Administration, HOME Program Administration, and HOME Set-Aside activity funding will be increased or decreased proportionally.
The City Manager will review and accept the final funding commutments as directed by the City Council.
The numbers above are estimated entitlement awards for CDBG and HOME. U.S. Department of Housing and Urban Development (HUD) has not
released funding allocations for program year 2024-2025. Staff has proposed program funding recommendations for consideration by City Council.
Funding commitments to any activity will depend on the ability to fund the activity with the actual award made to the City by HUD.
Program Name
560,000.00$
Proposed Amount
100,000.00$
40,000.00$
700,000.00$
Section 108 Payment Set Aside- New Loan
Applicant Name
Applicant Name
ESTIMATED
Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding for HUD Program Year 2024
City Fiscal Year 2024-2025
Community Development Block Grant (CDBG) Program
Applicant Name
CSA San Diego County
HOME Entitlement (estimated):
HOME Program Income:
Total HOME funds available:
CDBG Entitlement (estimated):
CDBG Program Income:
National City Housing Authority CDBG Program Administration
CDBG TOTAL:
Total CDBG funds available:
Fair Housing & Tenant Landlord Services
Affordable Housing Activities Set-Aside
HOME Investments Partnership(HOME) Program
Project Funds
National City Housing Authority
Proposed Amount
471,883.60$
Program Name
Planning and Administration
National City Engineering Department
Non-Public Service Funds
Proposed AmountProgram Name
Page 193 of 263
AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Zoning Map Amendment to Implement the Focused General Plan Update.
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On March 19, 2024, the City Council held a public hearing and adopted the Resolutions entitled:
1) “Resolution of the City Council of the City of National City, California, Certifying the Final
Supplemental Program Environmental Impact Report (SPEIR) with the Selection of the Project,
and Adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation
Monitoring and Reporting Program for the City of National City Focused General Plan Update.”
2) “Resolution of the City Council of the City of National City, California, Adopting the
Focused General Plan Update and its Related Land Use Map Including Minor Text and Map
Amendments, and Replacing the 2011 Land Use, Transportation, and Safety Elements, and
Climate Action Plan;” and
3) “Resolution of the City Council of the City of National City, California, Amending the
Downtown Specific Plan;” and
4) “Resolution of the City Council of the City of National City, California, Approving the
Update to the Bicycle Master Plan.”
On April 2, 2024, the City Council held a public hearing and adopted the Ordinances entitled:
1) “An Ordinance of the City of Council of the City of National City, California, Adopting the
Westside Specific Plan Amendment and Amending the Zoning Text and Map of the Westside
Specific Plan;” and
2) “An Ordinance of the City Council of the City of National City, California, Adopting Chapter
18.49 (Objective Design Standards) and Chapter 18.50 (Floor Area Ratio Bonus Regulations),
Adopting Amendments to Chapter 18.29 (Overlay Zones) to Allow Residential Development on
Page 194 of 263
Certain Parcels Zone CL and CS, and Amending Chapter 18.10 (Understanding the Land Use
Code), Chapter 18.12 (Permits and Applications), Chapter 18.22 (Commercial Zones), Chapter
18.24 (Mixed-Use Corridor and District Zones), Chapter 18.30 (Specific Use Regulations),
Chapter 18.48 (Residential Density Bonus and Affordable Housing Incentives), and Chapter 18.60
(Glossary) as well as other Amendments to Revise Title 18.”
On May 6, 2024, Planning Commission will be hearing the Zoning Map Amendment item at their
meeting. A verbal summary of the conclusion of the item will be given to City Council at its hearing
on May 7, 2024.
EXPLANATION:
BACKGROUND
The City’s General Plan serves as the guiding document for achieving the community’s vision for
the future. Since the last update in 2011, new State legislation and other regional and local
changes have taken effect. As result, in March 2020, National City initiated the FGPU to support
housing-related goals, comply with changes in State legislation, update per City planning studies,
and coordinate growth through a holistic process. To follow the adoption of the Housing Element
on August 3, 2021, the Land Use Element, Transportation Element, Safety Element, Zoning Map,
and Climate Action Plan have been updated. The Downtown Specific Plan, Westside Specific
Plan, and Municipal Code have been updated for consistency, as well. Additionally, new Objective
Design Standards Floor Area Ratio Bonus Regulations have been created to comply with State
legislation and streamline the housing approval process. The Zoning Map has been updated to
comply with the FGPU, the Westside Specific Plan update, and the Municipal Code update. One
environmental document, a Supplemental Program Environmental Impact Report (SPEIR), was
prepared to analyze these actions.
The goals, policies, and actions in the General Plan will guide development in National City
through the horizon year 2050. These documents will supersede the current Land Use Element,
Transportation Element, and Safety Element of the City of National City General Plan, which were
last updated in 2011, and portions of the current Municipal Code, including the Zoning Map.
The City of National City has an adopted zoning program that supports implementation of the
General Plan. The zoning and rezoning procedures are laid out in Chapter 18.20 of the Zoning
Code. The zoning program for the City is implemented by both the Zoning Code and the
associated Zoning Map that identifies each piece of property in the City and its assigned zone. In
accordance with Section 18.20.020, the Zoning Map is a zoning regulation within the context of
and adopted pursuant to Title 18. Changes in the boundaries of the zones shall be made by
ordinance adopting an amended Zoning Map.
One environmental document, a Supplemental Program Environmental Impact Report (SPEIR),
was prepared to analyze the Focused General Plan Update (FGPU) and related documents. The
SPEIR includes the adoption of the Land Use Element, Transportation Element, Safety Element,
Zoning Map, Climate Action Plan, the Downtown Specific Plan, Westside Specific Plan, and
Municipal Code amendments.
Page 195 of 263
Outreach Summary
The FGPU, which includes the Zoning Map update, is the product of approximately two (2) years
of analysis and outreach. Due to the COVID-19 pandemic and consistent with official public health
guidance, outreach activities were shifted from in-person events to virtual platforms. To address
potential barriers to participation and maximize reach, a variety of media and activities were used
to share information and gather input. These activities were outlined in the project’s Community
Engagement Plan and on the project’s website (www.nationalcityca.gov/fgpu).
Mailers announcing the project and opportunities to get involved were sent to all registered
addresses in National City in the summer of 2020 and spring of 2021 in both English and Spanish.
Since the project kickoff in March 2020, the project team has conducted a total of seven webinars
to gather public input. Of these webinars, six were conducted in English with live Spanish
interpretation and one was conducted primarily in Spanish. The combined total attendance over
the course 7 of these webinars has been 159 participants (an average of approximately 22
participants per session). An interactive survey was prepared and circulated to the public using
the MetroQuest platform; a total of 201 responses were collected. These activities were
supplemented with telephone office hours staffed by English- and Spanish-speaking staff.
Meetings with stakeholders, including community organizations and developers, were also
conducted.
Events and notices were marketed via the City’s email listserv, FGPU stakeholder list, and the
City’s social media sites to share the dates and times of outreach events and opportunities to get
involved. Additionally, an interactive map link was made available on the project’s website from
November 14, 2021, to June 30, 2022, to collect input through an on-going basis on the proposed
land use changes, as well.
ZONING MAP UPDATE
As part of the FGPU, areas of the city are being proposed to be rezoned to help implement th e
goals, policies, and objectives of the housing, land use, and mobility elements; the CAP; the
INTRAConnect plan; the Transit Oriented Development Overlay plan; and House National City.
The six areas proposed for rezone include:
18th Street Area: Proposed rezoning from RS-2 (9 DU/AC) to MXT (24 DU/AC) to be in
alignment with neighboring properties along 18th that are mixed-use. The MXT is a
proposed new zone and is a lower density than the current lowest mixed-use zone, MXC-
1 which is 48 DU/AC. This lower density allows a transition to nearby lower-density zones.
The factors that promote the above goals and objectives are as follows: the area is on a
transit corridor and other adjacent mobility options exist (bus line along E. 18th Street and
class II bike lanes), it is within a Transit Priority Area, multifamily uses are present with
similar proposed density in the area, it is close to schools and services, and the
INTRAConnect Plan identifies this as a high-propensity area for a 10-minute
neighborhood.
o Rezone to Mixed-Use Transitions (MXT) and Open Space (OS)
o Density: 24 DU/AC
o Height: 4 stories or 45 feet
Page 196 of 263
4th Street Area: Proposed rezoning from WS-2 (9 DU/AC) to RM-1 (23 DU/AC). The factors
that promote the above goals and objectives are as follows: the area is on a transit corridor
with other mobility options (bus line runs along 4th Street and there are class II bike lanes,
within a Transit Priority Area, there are existing multifamily uses on blocks with similar
proposed density, and the INTRAConnect plan identifies it as a high-propensity area for a
10-minuite neighborhood.
o Rezone to Medium-Density Multi-Unit Residential (RM-1)
o Density: 23 DU/AC
o Height: 4 stories or 45 feet
D Avenue Area: Proposed rezoning from RS-2 (9 DU/AC to RM-1 23 DU/AC). The factors
that promote the above goals and objectives are as follows: the area is on a transit corridor
(bus line runs along D Street), within a Transit Priority Neighborhood, within ¼ mile of
downtown, close to services, existing multifamily on blocks with similar proposed density,
the INTRAConnect plan identifies this area as having a high-propensity for a 10-minute
neighborhood.
o Rezone to Medium-Density Multi-Unit Residential (RM-1)
o Density: 23 DU/AC
o Height: 4 stories or 45 feet
Hospital Area: Proposed rezoning from a mix of RS-2, RS-3, RM-2, and Institutional to
MXC-1 (48 DU/AC). The factors that promote the above goals and objectives are as
follows: Adding housing next to a large employer, being on a transit corridor along E. 4 th
Street, being in a transit priority area, and continuing a pattern of mixed-use zoning and
development along E. 4th Street, E. 8th Street, and Euclid Avenue.
o Rezone to Minor Mixed-Use Corridor (MXC-1)
o Density: 48 DU/AC
o Height: 3 stories or 50 feet
16th Street Area: Proposal to add the overlay zone, Mixed-Use Overlay, which will allow a
housing density of 24 DU/AC. This keeps the original base zone intact, CS and CL, but
allows residential to be built through the overlay zone. These areas were chosen because
some properties are already residential and this will allow this transition from a commercial
and service commercial to a more mixed-use and residential area.
o Rezone to Mixed Use Overlay
o Density: 24 DU/AC
o Height: 5 stories or 65 feet
24th Street Transit Area: Proposed rezoning from CL to MCR-1 (24-60 DU/AC). The factors
that promote the above goals and objectives are as follows: adjacent to the Trolley station,
along a transit corridor (bus line on 18th Street), continues the pattern of mixed-use zoning,
in a Transit Priority Area, and the INTRAConnect plan identifies this area as having a high-
propensity for a 10-minute neighborhood.
Page 197 of 263
ENVIRONMENTAL DETERMINATION
Final Program Environmental Impact Report (Final SPEIR)
The City of National City, as lead agency, has prepared a Final Supplemental Program
Environmental Impact Report (Final SPEIR) to provide information to the public, agencies and
policy makers about the potential environmental effects that could occur with implementation of
the Focused General Plan Update (FGPU). The Zoning Map amendment is included in this. The
California Environmental Quality Act (CEQA) requires a process through which agencies and the
public can evaluate the potential environmental effects of implementing the FGPU (the “project”),
understand the potential scale of any environmental impacts to the degree feasible, and develop
measures to reduce these impacts.
Impacts identified in the Final SPEIR will be mitigated through application of federal, State, and
local laws and regulations; through the application of General Plan policies and programs; and
through application of the mitigation framework during project level environmental review and that
reflects the implementation of General Plan goals, policies, and actions.
The Final SPEIR was certified by City Council on March 19, 2024.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
The Final SPEIR was certified by City Council on March 19, 2024.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act. Published in The Star-News, on the City Website and Posted on Bulletin
Boards at City Hall.
ORDINANCE:
First Reading
EXHIBITS:
Exhibit A – Zoning Ordinance
Exhibit B – Zoning Map Amendment
Exhibit C – Public Notice
Exhibit D – PowerPoint Presentation
Page 198 of 263
ORDINANCE NO. 2024-
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.
WHEREAS, the City of National City proposes an amendment to the City of National City
Zoning Map attached as Exhibit B to the staff report; and
WHEREAS, the amendment to the Zoning Map made by this ordinance is intended to
ensure compliance with recently adopted Focused General Plan Update; and
WHEREAS, Section 65300 et seq. of the California Government Code requires each city
to prepare and adopt a comprehensive, long-term general plan for the physical development of
the city; and
WHEREAS, commencing in March 2020, the City initiated a multi-year focused update to
the General Plan by approving a work plan and budget, hiring consultants, and conducting public
workshops; and
WHEREAS, the City has held visioning and outreach workshops, office hours, and public
meetings on multiple occasions including but not limited to August 24, 2020, August 25, 2020,
August 26, 2020, August 27, 2020, August 28, 2020, and August 29, 2020; March 23, 2021, March
24, 2021, March 25, 2021, and March 30, 2021; and December 9, 2021, December 13, 2021, and
December 15, 2021; for the Focused General Plan Update and proposed Zoning Map changes;
and
WHEREAS, the Planning Commission and City Council received periodic briefings to
consider public and agency input, to receive information relevant to the specific topics addressed
in the General Plan Update, and to provide direction and guidance to staff and the consultant
team regarding policies and land use designations for development of the General Plan and its
land use diagram (map); and
WHEREAS, the City Council considered public input on the draft General Plan Elements
at duly advertised meetings on January 26, 2021 and June 20, 2023; and
WHEREAS, notices of the Focused General Plan Update were mailed to affected public
entities and agencies in compliance with State law (Government Code Sections 65302(g)(7),
65302.5, 65302.7, 65352, 65352(a)(9)), and in accordance with Government Code Sections
65352.3 the City contacted California Native American tribes that are on the contact list
maintained by the Native America Heritage Commission to invite those tribes to consult on the
proposed Focused General Plan Update; and
WHEREAS, the City released the Public Review Focused General Plan, including the
Land Use, Transportation, and Safety Elements in their entirety on February 17, 2023, and invited
Page 199 of 263
comments by the public and affected agencies as required by law from February 17, 2023,
through April 3, 2023; and
WHEREAS, the City determined that a Supplemental Program Environmental Impact
Report (SPEIR) should be prepared to analyze the potential environmental impacts and identify
any necessary mitigation measures for the Focused General Plan Update project; and
WHEREAS, on March 19, 2024, the City Council adopted City Council Resolution No.
2024-19 certifying the SPEIR and adopted City Council Resolution No. 2024-20 approving the
Focused General Plan Update and its related land use map, including minor text and map
amendments, and replacing the 2011 Land Use, Transportation, and Safety Elements, and
Climate Action Plan; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No.
2024-04, on May 6, 2024, on file with the Office of the City Clerk and incorporated by this
reference, recommending the City Council adopt the Zoning Map Amendment; and
WHEREAS, a notice of the City Council public hearing to consider adoption of the Zoning
Map Amendment was published in the Star News, a newspaper of general circulation on April 26,
2024, and was posted in the Star News and on the City of National City website, in accordance
with City policies and Government Code Section 65090; and
WHEREAS, the City Council has reviewed and considered all evidence in the record
submitted in connection with the Focused General Plan Update, the Zoning Map Amendment and
the Programmatic Environmental Impact Report, including the staff report, public testimony, and
other documents and evidence that are the City administrative record for these actions.
NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, DOES
RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the testimony and evidence presented to the City Council at the Public
Hearing held on May 7, 2024, support the following findings:
1. The City Council has considered the administrative record and all public comment
received on the Zoning Map Amendment, and utilized its independent judgment in acting
on the information contained in this resolution.
2. In accordance with Government Code Section 65302 and other applicable provisions of
State law, the Zoning Map Amendment has been prepared in compliance with state law
and local ordinance.
3. The City has conducted extensive public outreach efforts in the development of the Zoning
Map Amendment, and public input has been considered prior to the adoption of the Zoning
Map Amendment.
Page 200 of 263
Section 2: That the City Council hereby adopts the Zoning Map Amendment, attached to
the staff report as Exhibit B, consistent with the certified Supplemental Program Environmental
Impact Report and the Focused General Plan Update.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolution.
INTRODUCED at a regular meeting of the City Council of the City of National City, held
on this 7th day of May, 2024.
PASSED and ADOPTED this _______ day of _____, 2024.
_________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney
Page 201 of 263
Page 202 of 263
CITY OF NATIONAL CITY
NOTICE AND SUMMARY OF INTENT TO ADOPT PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that at a Regular Meeting held on Tuesday, March 19, 2024
the City Council of the City of National City introduced a proposed ordinance for the first reading,
which if adopted, would amend:
1) The Westside Specific Plan and the Zoning Text and Map of the Westside Specific Plan;
and,
2) The Municipal Code, which include Chapter 18.49 to Provide Objective Design Standards
for Housing Development, Adopting Chapter 18.50 to Provide a Floor Area Ratio Bonus
Program, Adopting Amendments to Chapters 18.29 (Overlay Zones) to Create a Mixed-
Use Overlay Zone to Allow Residential Development on Certain Parcels Zoned CL and
CS, and Amending the Municipal Code to Revise Title 18.
The City Council will have the Second reading of this ordinance wherein they will consider its
adoption at its Regular Meeting to be held on Tuesday,
April 2, 2024 at 6:00 p.m. via LIVE WEBCAST in the City Council Chamber, 1243 National City
Boulevard, National City, California. Written comments or testimony from the public must
be submitted via e-mail to publiccomment@nationalcityca.gov by 2:00 P.M. on the day
of the City Council Meeting.
A full text copy of the proposed ordinance, and Regular Online Meeting of the City Council, will
be webcast and archived on the City’s website at: www.nationalcityca.gov.
Shelley Chapel, MMC, City Clerk
Published in the Star News March 22, 2024
Page 203 of 263
Zoning Map Amendment
City Council
May 7, 2024
Page 204 of 263
Contents
Staff Recommendation
Previous Hearing Refresher
General Plans Overview
Zoning
Growth Projectionsv
Page 205 of 263
3
Staff Recommendation
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.”
Page 206 of 263
4
Previous Hearing Refresher
City Council Previous Actions
Certified the SPEIR, adopting findings of fact, statement of overriding considerations, and
Mitigation, Monitoring, and Reporting Program (MMRP) with the selection of the
proposed project
Adopted the Focused General Plan Update which includes the Climate Action Plan
Adopted Municipal Code Amendments
Adopted Westside Specific Plan and the Downtown Specific Plan Amendments
Adopted the Bicycle Master Plan Update
1.
Second Reading on April 2, 2024
March 19, 2024 Meeting
2.
3.
4.
5.
Page 207 of 263
Blueprint for the long-term future
Expresses community’s development goals and embodies public policy relative to the future distribution of land use
Promotes better projects, streamlined processes, integrated planning, and improved access and use of available resources
It’s required by State law
5
General Plans
A city is not gauged by its length and
width, but by the broadness of its vision
and the height of its dreams.”
Herb Caen
“
Page 208 of 263
The Update Included
6
Housing Element
Land Use Element
Transportation Element
Safety Element
Climate Action Plan
House National City
Westside and Downtown Specific Plans
Bicycle Master Plan
Objective Design Standards
Updates to the Municipal Code
Page 209 of 263
7
Community Engagement
•Project Website
•Online Survey
•Webinars (7 total)
•Telephone Office Hours
•Interactive Map
•Stakeholder Interviews
•Planning Commission
& City Council Briefings
•Workshops & Hearings
(for Housing Committee, Planning
Commission, and City Council)
Community Engagement Completed to Date: 2020 – 2023
Page 210 of 263
8
Rezoning Recommendation Process
Page 211 of 263
Create an integrated development pattern
Develop 10-minute neighborhoods
Help to meet the CAP and other sustainability goals
Aid in increasing housing in areas that have access to transit and resources
Assist in adding housing units to meet housing-related needs
Encourage the development of a diverse housing stock that can meet the needs of National City residents of all ages, abilities, and incomes.
Encourage and facilitate the construction of new housing consistent with the City’s RHNA allocation.
Create opportunities for infill and transit-oriented development
9
Why the Zoning Changes
Page 212 of 263
10
Proposed Zoning Map Amendment
Legend
Page 213 of 263
11
Growth Projections
Existing
Development
Total 2050
Buildout
(Adopted Land
Use - No Build)
Delta
(Change existing to
2050 Project)
Total 2050 FGPU
Horizon Buildout
(Project)
Delta
(Change between
2050 No Build to
2050 Project)
Dwelling Units 18,179 22,729 4,550 23,325 +595
Retail/Office Space
(square feet)6,858,359 13,133,424 6,275,065 13,332,112 +198,688
Industrial Space
(square feet)4,031,983 5,772,092 1,740,109 5,772,092 (0)
Population 58,582 72,961 14,379 74,872 +1,911
Page 214 of 263
Assessed Value Ratio (AVR) – used to determine which parcels are
most likely to redevelop
Assessed building value compared to the land value of each site
(building value/land value)
If the land value is greater than the building value, it will have a lower
AVR and therefore likely to redevelop
Only parcels zoned for residential uses with an AVR of less than 1 (and
less than 0.75 for commercial and industrial uses) were assumed to
be redeveloped
Vacant land and redevelopment sites were assumed to build out at
75% of capacity
12
Growth Projections
Assumptions Explained
Page 215 of 263
18th Street
Rezone to:
Mixed-Use Transition
(MXT) and Open Space
(OS)
Density:
24 DU/AC
Height:
4 Stories/45ft
Page 216 of 263
4th Street
Rezone to:
Medium Density
Multi-Unit Residential
(RM-1)
Density:
23 DU/AC
Height:
4 Stories/45ft
Page 217 of 263
D Avenue
Rezone to:
Medium Density
Multi-Unit Residential
(RM-1)
Density:
23 DU/AC
Height:
4 Stories/45ft
Page 218 of 263
Hospital
Area
Rezone to:
Minor Mixed-Use
Corridor (MXC-1)
Density:
48 DU/AC
Height:
3 Stories/50ft
Page 219 of 263
16th Street
Addition of:
Mixed-Use Overlay
Density:
24 DU/AC
Height:
5 Stories/65ft
24th Street Transit Area
Rezone to:
MCR-1
Density:
24-60 DU/AC
Height:
3 Stories/50ft
Page 220 of 263
18
Staff Recommendation
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.”
Page 221 of 263
Thank You
19Page 222 of 263
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza
Blvd.
RECOMMENDATION:
Initiate the Street Vacation.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Engineering and Public Works Department is requesting to vacate a portion of undeveloped
City right-of-way located on the north side of Paradise Valley Road (see attached Exhibit A). The
area is considered a “paper street” and is adjacent to an undeveloped residential property
(“Property”) to the south, and three residential properties to the north. This southern property is
zoned RS-1 (Large Lot Residential) and is privately owned. On the south side of said property,
adjacent to Paradise Valley Road, is a City drainage channel that is part of a CIP (Capital
Improvement Program) enhancement project. The California Streets and Highways Code (CSHC)
section 8330 provides that the City Council may summarily vacate a street or highway that has
been superseded by relocation, provided no private property access is cut off or public service
easement terminated. In addition, pursuant to CSHC section 8331, the street must not have been
passable for the last five years and no public money can have been expended on maintenance
of the right-of-way. The proposed closure does not cut off private property access and for the last
five years the street has not been passable and no public money has been expended on
maintenance; therefore, the City Council may order the summary vacation of the right-of-way.
The reason for the request is that the City has a right-of-way constraint along the north side of the
channel along Paradise Valley Road, since the City easement over the channel runs along the
bottom of the creek and does not include the northern bank of the creek (see attached Exhibit B).
The City has a current Paradise Creek Water Quality and Community Enhancement phase 2
project (“Project”) that is proposing to make the creek wider, which will encroach on to the adjacent
private property. Vacating the unused portion of right-of-way (Paradise Avenue) will allow the City
to request an equivalent easement area on the north side of the creek, allowing the City to widen
the creek and create an access road necessary for Public W orks crews to maintain the channel.
Page 223 of 263
The right-of-way proposed to be vacated is 60 feet wide. If vacated, half of the right-of-way (30
feet) will go to the properties on each side.
As stated above, the area is currently undeveloped. The Property is generally used as storage
area for contractors engaged in local infrastructure projects. The Property has been kept clean
and free of weeds. The right-of-way to be vacated is approximately 19,800 square feet in size. A
steep dirt hill occupies approximately 25% of the property to be vacated.
Pursuant to the City’s procedures, the summary vacation process starts with direction from the
City Council, which staff is asking for this evening. If this direction is given, the Planning
Commission would subsequently hold a hearing to consider the conformity of the proposed
vacation with the General Plan. It would then come back to the City Council for adoption of a
resolution to summarily vacate the street.
Options
1. Initiate the Street Vacation request; or
2. File the report (deny).
FINANCIAL STATEMENT:
There is an estimated cost of $1,000 to create the metes and bounds and the easement map that
will be paid for from the Integrated Regional Water Management (IRWM) Grant that is funding the
improvements to the drainage channel.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Health, Environment, and Sustainability
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR
15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Location Map
Exhibit B – Proposed Easement and Street Vacation
Exhibit C – Site Photos
Page 224 of 263
Location Map 1 – showing in red the proposed portion of the City property to be vacated
Hollyhock Ln
Page 225 of 263
Location Map 2 – showing in red the proposed portion of the City property to be vacated
330 ft
330 ft
60 ft
Page 226 of 263
Location Map 3 – showing in red the proposed portion of the City property to be vacated
Page 227 of 263
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Plotted - 4/16/2024 9:28:41 AM :: Saved - 4/16/2024 9:20:10 AM :: C:\pwworking\west01\d3650613\00C-004e.dwg :: GESPANTO
PLANS FOR THE IMPROVEMENTS OF:
STEPHEN MANGANIELLO, T.E. 2973 DATE
PROJECT NO.CIP NO.
DIRECTOR PUBLIC WORKS/CITY ENGINEER
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DATEENGINEERING DEPARTMENT
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SCALE: 1" = 20'
SCALE: 1"=20'
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PARADISE VALLEY RD
EASEMENT EXHIBIT
A PRELIMINARY TITLE REPORT PREPARED BY
COMMONWEALTH LAND TITLE COMPANY DATED MAY 11, 2022
AS ORDER NO. 669-060-10 PLUS HAS BEEN REVIEWED FOR
EXISTING ON-SITE EASEMENTS. SAID EASEMENTS HAVE BEEN
PLOTTED HEREON AND REFERENCED BELOW PER SAID
PRELIMINARY TITLE REPORT:
EXISTING EASEMENT FOR PURPOSES OF PUBLIC
HIGHWAY IN FAVOR OF COUNTY OF SAN DIEGO
RECORDED AUGUST 4, 1938 IN BOOK 808, PAGE 154 OF
OFFICIAL RECORDS.
EXISTING EASEMENT FOR OPEN DITCH IN FAVOR OF
COUNTY OF SAN DIEGO RECORDED AUGUST 4, 1938 IN
BOOK 814, PAGE 99 OF OFFICIAL RECORDS.
EXISTING EASEMENT FOR OPEN DITCH AND INCIDENTAL
PURPOSES IN FAVOR OF COUNTY OF SAN DIEGO
RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386
OF OFFICIAL RECORDS.
EXISTING EASEMENT FOR RIGHT TO ENTER UPON, FOR
THE PURPOSE OF CONSTRUCTION AND MAINTENANCE
OF SAID OPEN DITCH DESCRIBED ON ITEM 7 ABOVE IN
FAVOR OF COUNTY OF SAN DIEGO RECORDED
DECEMBER 30, 1938 IN BOOK 851, PAGE 386 OF OFFICIAL
RECORDS
EXISTING EASEMENT FOR ELECTRICITY DISTRIBUTION
IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY
RECORDED MAY 28, 1952 IN BOOK 4481, PAGE 89 OF
OFFICIAL RECORDS.
EXISTING EASEMENTS
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FOR 28 FEET TOTAL
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Page 228 of 263
Photo 1 – looking on towards the northeast corner of the property
Page 229 of 263
Photo 2 – looking on towards the northeast corner of the property
Page 230 of 263
Photo 4 – looking on towards the northwest corner of the property
Page 231 of 263
Photo 3 – looking on towards the northwest corner of the property
Page 232 of 263
AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Stephen Manganiello, Director of Engineering & Public Works
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Update on El Toyon Park Improvements Bid Process (CIP No. 22-26)
RECOMMENDATION:
Provide direction to staff on whether to readvertise the project as a PLA covered contract or non-
PLA contract.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable
EXPLANATION:
On November 7, 2023, the City Council of the City of National City entered into a Project Labor
Agreement (PLA) with the San Diego County Building and Construction Trades Council and
Associated Signatory Craft Unions. The PLA, which went into effect on December 14, 2023,
applies to public projects with a construction value of at least $1,000,000.
The City’s first capital project subject to PLA requirements was El Toyon Park Improvements
(CIP No. 22-26). The general scope of work is to construct minor landscape grading, pathways,
pavements, pedestrian safety, utility, shade structures, splash pad play area, adult fitness area,
fencing, landscape drainage, park lighting, communications, irrigation, planting, and park
maintenance. Specific improvements will include site demolition, construction of curb ramps, cast-
in-place concrete structures, walls and footings, porous concrete paving, aggregate base,
grading, drainage improvements, signage, pavement markings, splash pad play features and
filtration system, fitness equipment structures, wood and metal fencing and gates, park lighting,
security, landscaping, and irrigation systems. Ancillary work will include mobilization, traffic control
during construction, utility coordination, water pollution control, and construction surveying.
The initial project was ready to be advertised for public bidding in November 2023. Upon direction
from City Council, staff delayed advertisement to update the project specifications and bid
documents for compliance with the PLA. Staff posted the bid solicitation on PlanetBids on
February 1, 2024, and subsequently advertised the project in the San Diego Union Tribune on
February 5, 2024, February 7, 2024, and February 21, 2024. Staff set the bid due date as
March 21, 2024, to allow ample time for contractors to review the bid documents and PLA.
Staff held two pre-bid meetings to provide contractors opportunities to ask questions. A total of
ten contractors attended the first pre-bid meeting held on February 8, 2024, while one contractor
attended the second pre-bid meeting held on February 22, 2024.
Page 233 of 263
Staff also sent letters to the 14 craft unions that are signatories to the PLA in February 2024,
encouraging them to reach out to qualified contractors in an effort to garner interest in the project
and increase opportunities for competitive bidding. Please note that, as of the drafting of this staff
report, of the 26 craft unions listed in the PLA only 14 have actually signed the PLA, as reflected
in the National City PLA on file with the Office of the City Clerk.
Ultimately, a total of 16 contractors registered on PlanetBids to review the notice inviting bids,
project plans and specifications. On March 21, 2024, only one bid was received in the amount of
$7,785,997.87, which was more than double the Engineer’s Estimate of $3,665,000 for project
construction. The sole contractor who submitted the bid was De La Fuente Construction, Inc.
After examination of the bid and contract requirements, the bid was determined to be
nonresponsive. Staff contacted the remaining 15 contractors who registered on PlanetBids to gain
a better understanding as to why they did not submit bids. Staff received responses from eight of
the 15 contractors. Five of the eight contractors cited PLA requirements as the primary reason
they did not bid the job. The other three contractors indicated they were either too busy, did not
have capacity to take on the project, and/or were not interested after reviewing the scope of work.
Per Section 3.2 Exclusions of the PLA, the City reserves the right to reject all bids and readvertise
the project not as a Covered Project or Covered Contract and not subject to this PLA for the
following reasons:
(h) there were less than three qualified bidders; and
(l) the lowest apparent responsive and responsible bid is 10% or greater than the
Engineer’s estimate.
At the City Council Meeting held on April 16, 2024, the City Engineer presented an update on the
bid results and indicated the project will be readvertised as a non-PLA contract by the end of April
2024.
Subsequent to the April 16, 2024 City Council meeting, the City has been contacted by at least
one non-signatory craft union requesting that the project be readvertised as a covered project
under the PLA, indicating they were not aware the project had previously gone out to bid in
February 2024.
The project is funded by a State of California Proposition 68 grant. Staff confirmed that the City
has been granted a 3 year extension for project completion, which changes the deadline from
June 2025 to June 2028.
Given these circumstances, and since this was the first project bid by the City of National City as
a PLA-covered contract, staff is now seeking City Council direction as to whether to readvertise
the project as a PLA covered contract or non-PLA contract. Staff has prepared two versions of
the contract documents and will be ready to readvertise, regardless of which option is selected,
by May 15, 2024.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Parks, Recreation and Library
Page 234 of 263
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
None
Page 235 of 263
AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Discussion and Possible Adoption of Revised Proposed City Councilmember Budget Policy.
RECOMMENDATION:
Review Revised Policy, Make Modifications, and Potential Adoption of Revised Proposed Policy.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
City Council established Council Budgets during the Fiscal Year 2023-2024 Budget process.
EXPLANATION:
The City Council of National City, during the Adoption of the Fiscal Year 2023-2024 City Budget,
included a $100,000 appropriation for each Councilmember’s budget. The Council has requested
that City staff provide the City Council with a draft Council Policy governing the use of the funds
and a procedure for expenditure of the funds. During the April 2, 2024, Council Meeting, an ad
hoc committee was established consisting of Mayor Ron Morrison and Vice-Mayor Ditas Yamane
to make recommendations on modifications to the proposed policy.
Attached as Exhibit “A” is a redline version of the initial draft Council Policy Exhibit “B”.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA, and is therefore not subject to environmental review.CCR1537
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Redline Version of City Councilmember Office Budget Policy
Exhibit B - Clean Version of modified City Councilmember Office Budget Policy
Page 236 of 263
Page 237 of 263
Page 238 of 263
Page 239 of 263
Page 240 of 263
Page 241 of 263
Page 242 of 263
Page 243 of 263
Page 244 of 263
Page 245 of 263
Page 246 of 263
Page 247 of 263
Page 248 of 263
AGENDA REPORT
Department: City Manager's Office
Prepared by: Benjamin A. Martinez, City Manager
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo
Pursuant to City Council Policy 107.
RECOMMENDATION:
Not Applicable. This appointee is approved by the City Council.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Commissioner Naranjo was appointed to the Port Commission in December of 2020.
EXPLANATION:
Port Commissioner Sandy Naranjo was appointed by the City Council to the Port
Commission on December 1, 2020. Her term expires on December 2, 2024. City Council
Policy 107, Section D(14) provides that:
Removal: Any Commissioner sitting on a Board, Committee, or Commission may
be removed from office at any time by a simple majority vote of the City Council at
a regularly scheduled Council meeting with or without cause. Should the Council
vote to remove the Commissioner, City staff should be directed to post a special
vacancy notice in accordance with section C(1) of Policy 107.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Not Applicable
Page 249 of 263
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Notice of and Calling for the Holding of a General Municipal Election, and Request for
Consolidation with the Statewide General Municipal Election
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Section 10403 of the California Elections Code authorizes the City to place an election ballot on
the same ballot as that provided for a Statewide Election, and to consolidate a General Municipal
Election with a Statewide General Municipal Election, upon the filing with the County Board of
Supervisors of a resolution of the City Council requesting the consolidation. The proposed
resolution would satisfy the requirements of section 10403.
The City of National City would place on the ballot two (2) district City Council seats and one (1)
citizen initiative qualified ballot measure, entitled “National City Special Parcel Tax for Streets and
Parks,” to appear on the ballot as follows:
SHALL THE MEASURE ADDING A SPECIAL
PARCEL TAX IN THE CITY OF NATIONAL CITY TO
BE USED FOR STREET AND PARK PURPOSES,
WITH RATES BASED ON THE CHARACTER OF
THE PROPERTY AND EXEMPTING CERTAIN
TYPES OF PROPERTIES, TO BE COLLECTED
BEGINNING IN 2023, AND CONTINUING UNTIL
REPEALED BY THE VOTERS, WITH AN
OVERSIGHT COMMITTEE, GENERATING AN
ESTIMATED $1.7 MILLION DOLLARS ANNUALLY,
BE ADOPTED?
YES
NO
Page 250 of 263
Pursuant to California Elections Code section 9282(a) “For measures placed on the ballot by
petition, the persons filing an initiative petition pursuant to this article may file a written argument
in favor of the ordinance, and the legislative body may submit an argument against the ordinance.”
Primary arguments for and against the ballot measure shall not exceed 300 words. In addition,
pursuant to California Elections Code section 9285 rebuttal arguments, not exceeding 250 words,
may be submitted to the City Clerk, where authorized by the legislative body. The resolution would
also authorize the submittal of arguments in opposition to the measure and any related rebuttals.
The Registrar of Voters has estimated the cost to consolidate the election for the purpose of the
Election of Certain Officials in the November 2024 Election to be $15,000 - $25,000 for two (2)
district City Councilmember seats, and $55,000 - $75,000 per city measure. Staff recommends
that the City Council approve an appropriation of up to $200,000 from the General Fund as part
of the fiscal year 2024-25 budget to cover the Registrar of Voters costs, required legal
publications, and translations, and supplies for the election process.
FINANCIAL STATEMENT:
Staff will provide the final cost of the election once the County Registrar has submitted their
invoice, which generally occurs within 4-5 months following the election. Staff will return to the
City Council if costs exceed the appropriation of up to $200,000.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
Page 251 of 263
RESOLUTION NO. 2024 –
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
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the
purpose of the election of one (1) member of the City Council to represent District 2 for a full-term
of four (4) years, one (1) member of the City Council to represent District 4 for a full-term of four
(4) years, and the submission to the voters a citizen initiative qualified ballot measure relating to
a Special Parcel Tax for Streets and Parks; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Municipal Election to be held on the same date, that within the City the
precincts, polling places, and election officers for the two elections be the same, and that the
Registrar of Voters of the County of San Diego canvass the returns of the General Municipal
Election, and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of section 10403 of the Elections Code,
the Board of Supervisors of the County of San Diego is hereby requested to consent to agree to
the consolidation of a General Municipal Election with the Statewide General Municipal Election
on Tuesday, November 5, 2024, for the purpose of the election of one (1) member of the City
Council to represent District 2 for a full-term of four (4) years, one (1) member of the City Council
to represent District 4 for a full-term of four (4) years, and the submission to the voters a question
related to the citizen initiative qualified measure on a Special Parcel Tax for Streets and Parks.
Section 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question related to the
citizen initiative qualified Ballot Measure to appear on the ballot as follows:
SHALL THE MEASURE ADDING A SPECIAL
PARCEL TAX IN THE CITY OF NATIONAL CITY
TO BE USED FOR STREET AND PARK
PURPOSES, WITH RATES BASED ON THE
CHARACTER OF THE PROPERTY AND
EXEMPTING CERTAIN TYPES OF PROPERTIES,
TO BE COLLECTED BEGINNING IN 2023, AND
CONTINUING UNTIL REPEALED BY THE
VOTERS, WITH AN OVERSIGHT COMMITTEE,
GENERATING AN ESTIMATED $1.7 MILLION
DOLLARS ANNUALLY, BE ADOPTED?
YES
NO
Section 3. That the ballots to be used at the election shall be in the form and content
as required by law.
Page 252 of 263
Section 4. That pursuant to Elections Code sections 9282(a) and 9285(b), the City
Council authorizes arguments in opposition of the measure and any related rebuttals.
Section 5. That the Registrar of Voters is authorized to canvass the returns of the
General Municipal Election. The election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
Section 6. That the Board of Supervisors is requested to issue instructions to the
Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
Section 7. That the City Clerk is authorized, instructed and directed through the San
Diego County Registrar of Voters to procure and furnish any and all official ballots, notices, printed
matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly
and lawfully conduct the election.
Section 8. That the City of National City recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for
any such costs.
Section 9. That the polls for the election shall be open at seven o’clock (7:00) a.m. of
the day of the election and shall remain open continuously from that time until eight o’clock (8:00)
p.m. of the same day when the polls shall be closed, pursuant to Elections Code section 10242,
except as provided in section 14401 of the Elections Code of the State of California.
Section 10. That the Registrar of Voters may, subject to the requirements of this section
and subject to such terms and conditions as the Registrar may prescribe, render specified
services relating to the conduct of an election to any city or district the governing body of which
has by resolution requested the Board of Supervisors for the County of San Diego to permit the
Registrar of Voters of the County of San Diego to render such services.
1. The governing body of the city or district shall file with the Registrar of Voters a
certified copy of the resolution of its governing body requesting the Board of
Supervisors to permit the Registrar of Voters to render the specified services relating
to the conduct of an election and agreeing that it will be bound by the requirements
of this section and such terms and conditions as the Registrar of Voters may
prescribe, and agreeing that it will reimburse the County in full for its costs and
expenses in rendering such services.
2. The governing body of the city or district shall:
(a) In its resolution specify the services requested.
(b) Deposit at least 60 days in advance of the election the Registrar of Voter’s
estimate of the city or district‘s share of the elections cost.
(c) Reimburse the County in full for the services performed upon presentation
of a final invoice to the city or district.
(d) Include in its resolution an agreement to indemnify and hold harmless the
County, its officers, agents and employees from expense of liability,
including reasonable attorney’s fees, as the result of an election contest
arising after conduct of an election.
3. If the Registrar of Voters decides that requested election services should not be
rendered, the Registrar shall refer the matter to the Board of Supervisors for
determination.
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Section 11. That in all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 12. That notice of the time and place of holding the election is hereby given
and the City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
Section 13. That the City Clerk is hereby directed to file a certified copy of this
Resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego
in the time and manner required by law.
Section 14. That the City Clerk shall certify to the passage and adoption of this
Resolution, and enter it into the book of original Resolutions of the City.
PASSED, and ADOPTED this 7th day of May, 2024.
________________________________
Ron Morrison, Mayor
ATTEST:
______________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Barry J. Schultz, City Attorney
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AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to
Candidates’ Statements for the Tuesday, November 5, 2024, Election.
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Section 13307 of the Elections Code of the State of California provides that the governing body
of any local agency may adopt regulations pertaining to materials prepared by any candidate for
a municipal election, including costs of the candidate’s statement. Cities in San Diego County
are required to translate candidates’ statements into Spanish, Filipino, Chinese, and Vietnamese
and have the translation available upon request. The 18 Cities share the cost of the elections,
including translations, by consolidating with the County of San Diego Registrar of Voters.
The San Diego County Registrar of Voters has estimated the Tuesday, November 5, 2024, costs
for candidate’s statements to be $1600 for Mayoral Candidates and $1500 for City
Councilmember Candidates for a 200-word statement. All candidates would be subject to the
estimated fee, or would need to opt out by submitting a Candidate Statement for Qualification to
the Office of the City Clerk. The Nomination Period for the Tuesday, November 5, 2024,
Statewide General Municipal Election opens Monday, July 15, 2024, and closes Friday, August
9, 2024. Once set, this fee cannot be revoked or modified after the seventh day prior to the
opening of the Nomination Period or Monday, July 8, 2024.
FINANCIAL STATEMENT:
This action does not include fiscal impact as the Candidates will pay the exact costs billed to the
City, and will reimburse the City if the cost is greater than the estimate. If the final cost is lower
than the estimate, the City will refund the difference to the Candidate.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
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ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
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RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE’S STATEMENTS TO BE SUBMITTED TO THE VOTERS AT A STATEWIDE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024.
WHEREAS, Section 13307 of the Elections Code of the State of California provides that
the governing body of any local agency may adopt regulations pertaining to materials prepared
by any candidate for a municipal election, including costs of the candidate’s statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: GENERAL PROVISIONS.
That pursuant to Section 13307 of the Elections Code of the State of California, each
candidate for elective office to be voted for at an Election to be held in the City of National City,
California on Tuesday, November 5, 2024, may prepare a candidate’s statement on an
appropriate form provided by the City Clerk. The statement may include the name, age and
occupation of the candidate, and a brief description of no more than 200 words of the candidate's
education and qualifications expressed by the candidate himself or herself. The statement shall
not include party affiliation of the candidate, nor membership or activity in partisan political
organizations.
The statement shall be filed in typewritten form in the Office of the City Clerk at the time the
candidate's nomination papers are returned for filing. The statement may be withdrawn, but not
changed, during the period for filing nomination papers and until 5:00 p.m. of the next working
day after the close of the nomination period.
Section 2: FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act 1965 (as amended), and in accordance
with a Memorandum of Agreement between the County of San Diego and the
United States Department of Justice, cities in San Diego County are required to
translate candidate’s statements into the following languages: Spanish,
Vietnamese, Filipino and Chinese, and to have translations available upon request.
B. Pursuant to State Law, the candidate’s statements must be translated and printed
in any language at the candidate’s request.
C. The City Clerk shall have translated those statements into the languages as
requested by the candidate and those listed in subsection (A) above.
D. The San Diego County Registrar of Voters will print and mail voter information
guides and translate into Spanish, Vietnamese, Filipino and Chinese to only those
voters who are on the County voter file as having requested a sample ballot in a
particular language. The Registrar of Voters will make the voter information guides
and candidate’s statements in the required languages available at all polling
places, on the County’s website, and in the Election Official’s office.
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Section 3: PAYMENT.
Translations: The candidate shall be required to pay for the cost of translating the
candidate’s statement into any required foreign language as specified in Section 2 above pursuant
to Federal and/or State law.
Printing: The candidate shall be required to pay for the cost of printing the candidate’s
statement in English and the required languages, as specified in Section 2, in the sample ballot
pamphlets and any language the candidate requests as an option by the candidate.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing
the candidate's statements filed pursuant to this section, including costs incurred as a result of
complying with the Federal Voting Rights Act of 1965 (as amended), and require each candidate
filing a statement to pay in advance to the local agency the estimated pro rata share costs to be
$1600 for Mayoral Candidates and $1500 for City Councilmember Candidates as a condition of
having their statement included in the voter's pamphlet. The estimated amount is just an
approximation of the actual cost that varies from one election to another election and may be
significantly more or less than the estimate, depending on the actual number of candidates filing
statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill
the candidate for additional actual expense or refund any excess paid depending on the final
actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance
of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount
among the candidates and refund the excess amount paid within 30 days of the election.
Section 4: MISCELLANEOUS.
A. All translations shall be provided by professionally-certified translators.
B. The City Clerk shall comply with all recommendations and standards set forth by
the California Secretary of State regarding occupational designations and other
matters relating to elections.
Section 5: ADDITIONAL MATERIALS.
No candidate will be permitted to include additional materials in the voter information
guide.
Section 6: COPY OF RESOLUTION.
That the City Clerk shall provide each candidate or the candidate's representative a copy
of this Resolution at the time nominating petitions are issued.
Section 7: REPEAL OF PREVIOUS RESOLUTIONS.
That all previous resolutions establishing City Council policy on payment for candidate’s
statements are repealed.
Section 8: APPLICABILITY.
That this Resolution shall apply only to the election to be held on November 5, 2024, and
shall then be repealed.
Section 9: CERTIFICATION BY CITY CLERK.
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That the City Clerk shall certify to the passage and adoption of this Resolution and enter
it into the book of original Resolutions.
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 259 of 263
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 7, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie
Vote
RECOMMENDATION:
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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Section 15651 of the California Elections Code authorizes the City Council, by a majority vote, to
adopt provisions to require the Conduct of a Special Runoff Election to Resolve a Tie Vote
involving those candidates who received an equal number of votes and the highest number of
votes for an elective office.
FINANCIAL STATEMENT:
There is no cost associated with the adoption of this resolution. Should a special runoff election
be required, information regarding the cost of the election and necessary budgetary actions would
be brought to the City Council for review and approval.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378;
PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with
the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
Page 260 of 263
Page 261 of 263
RESOLUTION NO. 2024 -
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 THE STATEWIDE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes
the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff
Election to resolve a tie vote involving those candidates who received an equal number of votes
and the highest number of votes for an elective office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That pursuant to Section 15651(b) of the Elections Code of the State of
California, if any two or more persons receive an equal and the highest number of votes for an
office to be voted for within the City, there shall be held within the City a Special Runoff Election
to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less
than forty (40) nor more than one-hundred twenty-five (125) days after the administrative or
judicial certification of the election which resulted in a tie vote.
Section 2: That this Resolution shall apply only to the election to be held on Tuesday,
November 5, 2024, and shall then be repealed.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 7th day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
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CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City
Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial
written request is heard, discussion should be limited to whether the item should be added to an agenda and a date,
not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City
Council Meeting Agenda for action.
Requesting Member of City Council: Council Member Rodriguez
Today’s Date: Tuesday, April 30th, 2024
Is this matter considered Time-Sensitive by another entity deadline? Yes
WRITTEN REQUEST
I, Council Member Rodriguez hereby request that the following item be placed on the National City
Council meeting agenda for consideration on Tuesday, May 7th.
Adopt resolution for the City of National City to Support California Senate Bill 915 (Dave Cortese), the
Autonomous Vehicle Services Deployment and Data Transparency Act prioritizing local control in the
decision to deploy autonomous vehicle services.
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