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HomeMy WebLinkAbout2024 05-21 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 21, 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 - Emergency Medical Services Week 7 6.2 Proclamation - National Public Works Week 8 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 – City Council Interview and Appointment for the Civil Service Commission 9 Recommendation: City Council to Conduct Interviews and Appoint. 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 Approval of City Council Meeting Minutes 27 Recommendation: Approve and File. 10.3 Acceptance of an Easement Located on the Southeast Corner of the Paradise Creek Channel Between Highland Avenue, and Kimball Way for Construction and Maintenance Purposes. 44 Recommendation: Adopt a Resolution Entitled "Resolution of the City Council of the City of National City, California, Accepting and Authorizing the Mayor to Sign a Grant of Easement from D Avenue Housing Associates, LP, for an Area Located on the Southeast Corner of the Paradise Creek Channel Between Highland Avenue and Kimball Way for Construction and Maintenance Purposes." 10.4 Acceptance of Highway Safety Improvement Program Funding for the Construction Phase of the Citywide Protected Left Turn Enhancements Project, CIP 19-22. 53 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 $1,201,590 and a Corresponding Revenue Budget for the Construction Phase of the Citywide Protected Left Turn Enhancements Project, CIP 19-22, Reimbursable Through the Highway Safety Improvement Program Approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $290,610.” Page 2 of 239 10.5 Acceptance and Appropriation of Funds from CalRecycle SB1383 Local Assistance Grant Program. 59 Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting an SB 1383 Local Assistant Grant Program Grant in the Amount of $165,976 from the California Department of Resources Recycling and Recovery to Implement Regulation Requirements Associated with SB 1383; and 2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $165,976.” 10.6 Adoption of Resolution Initiating Proceedings for the Levy and Collection of Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024-25. 63 Recommendation: Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Initiating Proceedings for the Levy and Collection of Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024-25.” 10.7 Adoption of Resolution Approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for the Fiscal Year 2024-25. 66 Recommendation: Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Approving the Annual Report for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024-25.” 10.8 Adoption of a Resolution Declaring Its Intention to Conduct a Public Hearing on June 4, 2024 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1. 90 Recommendation: Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Declaring Its Intention to Conduct a Public Hearing on June 4, 2024 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024-2025.” Page 3 of 239 10.9 Authorize the Purchase of a Large Front Loader for Engineering & Public Works Streets and Wastewater Division 94 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing, and Authorizing the City to Piggyback onto Sourcewell Contract # 011723 with Sonsray Machinery for the Purchase of a CASE 521G2 ZBAR STAGE 5 Large Front Loader in a Not-to-Exceed amount of $171,000 for the Public Works Streets and Wastewater Division: Authorizing a Transfer from the Sewer Fund to the Vehicle Acquisition Fund of up to $47,025, and Authorizing the City Manager to Approve Adjustments of up to $17,100 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” 10.10 Discussion Regarding Policy and Possible Removal of Parks, Recreation & Senior Citizens Advisory Committee Member Due to Unexcused Absences per City Council Policy No. 107 131 Recommendation: Provide direction to staff. 10.11 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for Beer and Wine Sales at Villa Manila Restaurant Located at 600 East 8th Street. 159 Recommendation: Approval of the Sale of On-Site Beer and Wine with Live Entertainment, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Sale of Beer and Wine and Live Entertainment is a Conditionally-Allowed Use in the Major Mixed-Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant. 10.12 Project Close-Out and Notice of Completion for the Paradise Creek Mitigation Project at Kimball Way, CIP No. 19-35. 197 Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Wright Construction Engineering Corp., for the Paradise Creek Mitigation Project at Kimball Way, CIP No. 19-35; 2) Ratifying Change Order Work in the Amount of $64,218.07; 3) Approving the Final Contract Amount of $1,005,761.71; 4) Ratifying the Release of Retention in the Amount of $23,980.24; and 5) Authorizing the Mayor to Sign the Notice of Completion.” Page 4 of 239 10.13 Warrant Register #39 for the period of 3/21/24 through 3/28/24 in the amount of $341,752.24. 206 Recommendation: Ratify Warrants Totaling $341,752.24 10.14 Warrant Register #40 for the period of 3/29/24 through 4/4/24 in the amount of $2,789,960.62 208 Recommendation: Ratify Warrants Totaling $2,789,960.62 10.15 Warrant Register #41 for the period of 4/5/24 through 4/11/24 in the amount of $501,804.34 210 Recommendation: Ratify Warrants Totaling $501,804.34 10.16 Warrant Register #42 for the period of 4/12/24 through 4/18/24 in the amount of $1,588,660.69 214 Recommendation: Ratify Warrants Totaling $1,588,660.69 10.17 Warrant Register #43 for the period of 4/19/24 through 4/25/24 in the amount of $1,539,153.39 220 Recommendation: Ratify Warrants Totaling $1,539,153.39 11.STAFF REPORTS 11.1 Notice of and Calling for the Holding of a General Municipal Election, and Request for Consolidation with the Statewide General Municipal Election 227 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.” Page 5 of 239 11.2 Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements for the Tuesday, November 5, 2024, Election. 232 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.” 11.3 Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie Vote 237 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.” 11.4 POLICY 105 REQUEST - Support California Senate Bill 915 (Dave Cortese) - Requested by Councilmember Rodriguez 239 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. 12.CITY MANAGER’S REPORT 13.ELECTED OFFICIALS REPORT 14.CITY ATTORNEY REPORT 15.ADJOURNMENT Regular Meeting of the City Council of the City of National City - Tuesday, June 4, 2024 - 6:00 p.m. - Council Chambers - National City, California. Page 6 of 239 Page 7 of 239 Page 8 of 239 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Appointments: City Boards, Commissions, and Committees – City Council Interview and Appointment for the Civil Service Commission RECOMMENDATION: City Council to Conduct Interviews and Appoint. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Two vacancies on the Civil Service Commission were noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, NatCity News, and City Social Media sites to advertise the opening and the application acceptance period. The Vacancy Notice was posted on April 5, 2024 with an application deadline of April 25, 2024 and again on May 1, 2024 with a deadline of May 14, 2024. The Civil Service Commission has two (2) vacancies caused by the resignations of Leslie Coyote and Thomas Luna. The appointment for both vacancies would be to fulfill the remainder of the term to September 30, 2024. 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 for City Council Appointment Exhibit B – Applications (Redacted) Exhibit C – CC Policy 107 – Amended November 16, 2021 Exhibit D – BCC Reference Chart Page 9 of 239 Exhibit A The City Clerk’s Office began advertising and accepting applications for vacancies on the following Boards, Committees, and Commissions: Civil Service Commission on April 5, 2024 with an application deadline of April 25, 2024 and again on May 1, 2024 with a deadline of May 14, 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 openings and the application acceptance period. The vacancies presented are due to the resignation of Leslie Coyote and Thomas Luna. Vacancies are listed below: BCC Number of Open Seats and Term expiration for that seat Appointing Member(s) Residency Requirement Applications Received Civil Service Commission (2) Two Seats – September 2024 City Council Yes Eric Quinones (Does not meet Residency Requirement)* Gilmore Elayda 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. *Application received from Eric Quinones is disqualified as he does not meet the residency requirement. The address provided is not a National City documented address. Appointment: Per City Council Policy #107 (D)(8): 1. For City Council Appointments, the Interview Process is as follows: a. The City Clerk will provide an overview of th e 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 introducti on 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. 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 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. Page 10 of 239 Exhibit A 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, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff. Page 11 of 239 Civil Service Commission Applicant Package - Commissioner Civil Service Commission - Commissioner Term 08 May 2024 - 30 Sep 2024 Positions Available 1 Number of applicants in this package 1 - Quinones, Eric Page 12 of 239 Name: Quinones, Eric Address: 5555 homeless street, National City, 91950 Email: Board Name: Civil Service Commission Telephone Number: Registered to Vote in National City?: Yes Resident of National City?: Yes District Number?: n/a Term of Residency?: n/a Present Employer?: Full time student working on bachelors in political science Occupation: Full time student Business Address: none Educational Background: SouthWestern College assoiciates in political science this summer. Currently Serving on a BCC?: Page 13 of 239 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?: Phi Theta Kappa Civic or Community Experience, Membership, or Previous Public Service Appointments?: community advocate Experience or Special Knowledge Pertaining to Area of Interest?: I will be certified in communications a degree in political , science Have you ever been convicted of a felony crime?: No Have you ever been convicted of a misdemeanour crime?: No Time of Submission: 04/06/24 7:32:21 PM Page 14 of 239 Page 15 of 239 Name: Elayda, Gilmore Address: , National City, 91950 Email: Board Name: Civil Service Commission Telephone Number: Registered to Vote in National City?: No Resident of National City?: Yes Present Employer?: Horizons CBAS Occupation: Program aide Business Address: , 91950 Educational Background: Some college Currently Serving on a BCC?: No Previously Served on a BCC?: No Page 16 of 239 If so, which ones? If it does not apply, type N/A: N/A Have you ever been convicted of a felony crime?: No Have you ever been convicted of a misdemeanour crime?: No Time of Submission: 05/02/24 5:35:14 PM Page 17 of 239 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 Page 18 of 239 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 19 of 239 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 20 of 239 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 21 of 239 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 22 of 239 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 23 of 239 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 24 of 239 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 25 of 239 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 26 of 239 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, May 21, 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 – Budget Workshop of May 3, 2024 Special City Council Meeting – Closed Session of May 7, 2024 Regular City Council Meeting of May 7, 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 – Budget Workshop of May 3, 2024 Meeting Minutes Exhibit B – Special City Council Meeting – Closed Session of May 7, 2024 Meeting Minutes Exhibit C – Regular City Council Meeting of May 7, 2024 Meeting Minutes Page 27 of 239 SPECIAL MEETING MINUTES OF THE CITY COUNCIL BUDGET WORKSHOP May 3, 2024, 3:30 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 (via Zoom) Carlos Aguirre, Director of Community Development Phil Davis, Interim Finance Director Danielle Ghio, Acting City Librarian Brian Hadley, Deputy City Manager Alejandro Hernandez, Police Captain Lydia Hernandez, Director of Human Resources Tonya Hussain, Deputy City Clerk Steve Manganiello, Director of Public Works/City Engineer JoAnne McGee, Community Services Manager Paul Valadez, Budget Manager _____________________________________________________________________ Page 28 of 239 1. CALL TO ORDER A Special Meeting of the City Council of the City of National City was called to order at 3:41 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 City Treasurer Mitch Beauchamp 3. PLEDGE OF ALLEGIANCE Councilmember Molina led the Pledge of Allegiance. 4. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) One (1) Public Comment was received from Ed Nieto. 5. STAFF REPORT Fiscal Year 2024-2025 Preliminary Budget Workshop City Manager Ben Martinez introduced the item. Budget Manager Paul Valadez and Director of Public Works/City Engineer Steve Manganiello provided a PowerPoint presentation. Councilmember Bush left the dais at 3:50 p.m. and returned at 3:54 p.m. Further discussion to occur at a Special City Council Meeting proposed to occur prior to the Regular City Council meeting on Tuesday, May 21, 2024. 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, May 7, 2024, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned 5:15 p.m. __________________________ Tonya Hussain, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of May 21, 2024. __________________________ Ron Morrison, Mayor Page 29 of 239 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 5:09 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 Councilmember Bush led the Pledge of Allegiance. 4. PUBLIC COMMENT – None 5. CLOSED SESSION Members retired into Closed Session at 5:12 p.m. Bush, Rodriguez, Yamane, Molina, Morrison, Martinez, Schultz, and Special Counsel Ralph Hicks. All members returned to Open Session at 5:59 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, and Morrison May 7, 2024, 5:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Page 30 of 239 5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS Government Code Section 54956.9 Property: Block Bounded by West 23rd St., Bay Marina Dr., & Cleveland Ave. APN Nos.: 559-117-04,05,06,07 and 12; and 559-118-02 Agency Negotiation: City of National City Negotiating Parties: City Manager Martinez, City Attorney Schultz, Special Counsel Ralph Hicks, and Hotel Investment Group, Inc. Under Negotiation: Instruction to Negotiate 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, May 7, 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 6:00 p.m. __________________________ Shelley Chapel, MMC, City Clerk The foregoing minutes were approved at the Regular Meeting of May 21, 2024. __________________________ Ron Morrison, Mayor Page 31 of 239 REGULAR MEETING MINUTES OF THE CITY COUNCIL May 7, 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 Brian Hadley, Deputy City Manager Alex Hernandez, Chief of Police Tonya Hussain, Deputy City Clerk Martha Juarez, Assistant Director of Engineering/Public Works Sergio Mora, Fire Chief _____________________________________________________________________ Page 32 of 239 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:04 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. 2. ROLL CALL Councilmembers present: Bush (6:11 p.m. arrival), Molina, Rodriguez, Yamane, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Rodriguez led the Pledge of Allegiance. 4. INVOCATION Invocation delivered by Pastor Duenas, President of the National City Clergy Association. 5. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel. Ten (10) speakers provided in-person comment and four (4) people provided virtual comment. In-person public comment: Jack Shu Susan Meyer Eddie Perez Vanessa Quezada JoAnne Fields Edward Nieto Ted Godshalk Juan Antonio Vasquez Eriq Vargas Raul Del Toro Public comment via Zoom: Terri-Ann Skelly Becky Rapp Barbara Gordon Jacqueline Marquez Councilmember Bush left the dais at 6:17 p.m. and returned at 6:17 p.m. Page 33 of 239 6. PROCLAMATIONS AND RECOGNITION 6.1 Proclamation - Professional Municipal Clerks Week - May 5-11, 2024 Mayor Morrison introduced City Clerk Shelley Chapel who accepted the Proclamation with Deputy City Clerk Tonya Hussain. 6.2 Proclamation - Asian Pacific American Heritage Month - May 2024 Mayor Morrison introduced the Proclamation. The Proclamation was received by JoAnne Fields and a National City Resident. 6.3 Proclamation - National Law Enforcement Appreciation Month - May 2024 Mayor Morrison introduced the Proclamation. Police Chief Alex Hernandez was joined by National City Police Officers in acceptance of the Proclamation. 6.4 Proclamation - South West Lodge No. 283 Day Mayor Morrison introduced the Proclamation. The Proclamation was accepted by members of South West Lodge No. 283. 6.5 Introduction of New City Employees Fire Chief Sergio Mora introduced Battalion Chief Jay Stiles who introduced new employee Irving Carillo Hernandez. Police Chief Alex Hernandez introduced new employees Rudy Sandoval and Erika Navarro. 7. PRESENTATION (Limited to Five (5) Minutes each) None. 8. INTERVIEWS AND APPOINTMENTS 8.1 Appointments: City Boards, Commissions and Committees – Mayoral Appointment for the Traffic Safety Committee. Recommendation: Mayoral Appointment with City Councilmembers’ Confirmation. ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to appoint Amelito Gozum to the Traffic Safety Committee with a term ending September 30, 2024. Motion carried by unanimous vote. 9. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Rodriguez provided an update on an upcoming SANDAG meeting. Councilmember Bush spoke to his attendance at the American Public Transit Association Annual Conference. Page 34 of 239 Councilmember Bush left the dais at 7:07 p.m. and returned at 7:08 p.m. Councilmember Molina provided an update on SANDAG and announced the “Bike Anywhere Day” event scheduled to occur on Thursday, May 16, 2024. Vice-Mayor Yamane spoke to Strategic Plan Workshop on Budget Studies. Mayor Morrison provided an update on Sweetwater Authority. ITEM TAKEN OUT OF ORDER 12.4 Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107. City Manager Ben Martinez introduced the item. In-person comment Sandy Naranjo Kelsey Genesi Bertha Rodriguez Eddie Perez Josephine Talamantez Meli Morales Alicia Nichols-Gonzalez Edward Nieto Geoffrey Schrock Ricardo Pulido Jesse Marquez Janice Luna Reynoso Anthony Avalos Written Comment Coalition for a Safe Environment Rita Clement Zoe Luiz Recommendation: Not Applicable. This appointee is approved by the City Council. ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina for Sandy Naranjo to remain Port Commissioner. Substitute motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to remove Sandy Naranjo as Port Commissioner. Friendly amendment by Councilmember Bush to accept Sandy Naranjo’s proposal to the Port of San Diego to resign if the Port of San Diego would fully fund the Balanced Plan, renegotiate the MSA, and issue an apology letter. Page 35 of 239 Substitute Motion carried by 3-2 vote. Ayes: Rodriguez, Yamane, Morrison Nays: Bush, Molina Mayor Morrison called for a recess at 8:46 p.m. Meeting reconvened at 9:03 p.m. with all members present. 10. CONSENT CALENDAR ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to approve Consent Agenda items 10.1 through 10.7, and 10.9 through 10.11 with Item 10.8 pulled for public comment. Motion carried by unanimous vote. 10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda Motion carried by unanimous vote. 10.2 Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central Community Mobility Enhancements Project, CIP No. 19-23. Adopted Resolution No. 2024-33. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Establishment of an Appropriation of $1,095,000 and a Corresponding Revenue Budget for the Construction Phase of the Central Community Mobility Enhancements Project, CIP 19-23, Reimbursable through the State Active Transportation Program approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $442,000.” Motion carried by unanimous vote. 10.3 Agreements with Fozi Dwork and Modafferi, LLP and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation. Adopted Resolution No. 2024-34. Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing Agreements with the Law Firms of Fozi Dwork and Modafferi, LLP, and Burke, Williams and Sorensen, LLP for Legal Services in the Specialized Area of Litigation.” Motion carried by unanimous vote. Page 36 of 239 10.4 Agreement with MDG Associates, LLC, for the HUD Five-Year Consolidated Plan and Related Documents Adopted Resolution No. 2024-35. Adopt the Resolution Entitled "Resolution of the City Council of the City of National City, California, Authorizing an Agreement with MDG Associates, LLC, for the Development of the Consolidated Plan and Related Documents for Fiscal Years (FY) 2025-2029 in a Not-to-Exceed Amount of $85,000 from FY 2024 and FY 2025 HUD Entitlement Grant Administration Funds.” Motion carried by unanimous vote. 10.5 Approval of City Council Meeting Minutes Approve and File. Motion carried by unanimous vote. 10.6 Biennial Review and Adoption of Resolution Amending the National City Conflict of Interest Code. Adopted Resolution No. 2024-36. Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City Adopting the Amended City Conflict of Interest Code which Incorporates by Reference the Fair Political Practices Commission’s (FPPC) Standard Model of Conflict of Interest Code, Repealing Resolution No. 2022-128.” Motion carried by unanimous vote. 10.7 City Council 2024 Legislative Recess and Notification of Cancelled Meeting for November 5, 2024, Election Day Recommendation: Provide Direction to Staff on observing a Legislative Recess, which is Historically taken in the Month of July. In Addition, Direct the City Clerk to Notice the Cancelled Meeting for Tuesday, November 5, 2024, Election Day, as Allowed by National City Municipal Code (NCMC) 2.04.020, and City Council Policy No. 104 (III)(H), and (K). Motion carried by unanimous vote. Page 37 of 239 Item pulled for public comment. 10.8 Consent for the Housing Authority of the County of San Diego to Administer 24 HUD-VASH Project Based Vouchers for the Union Tower Affordable Housing Development Adopted Resolution No. 2024-91. Public comment received from Thomas Rike. Recommendation: Adopt the Resolution Entitled “Resolution of the Community Development Commission-Housing Authority of the City of National City, California, Consenting to the Housing Authority of the County of San Diego Administering 24 HUD-VASH Project-Based Vouchers for the Union Tower Affordable Housing Development Project at 2312 “F” Avenue in National City.” ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush to adopt the resolution. Motion carried by unanimous vote. 10.9 Grant Agreement with the County of San Diego Health Human Services Agency for Reimbursement to the City of National City for Homelessness Outreach. Adopted Resolution No. 2024-37. Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing a Subrecipient Grant Agreement with the County of San Diego Health Human Services Agency Funded by the California Interagency Council on Homelessness Encampment Resolution Funding Program to Provide Reimbursement for Homelessness Outreach and Establishing an Appropriation and Corresponding Revenue Budget of $110,332.72.” Motion carried by unanimous vote. 10.10 Investment Transactions for the Month Ended January 31, 2024. Accept and File the Investment Transaction Ledger for the Month Ended January 31, 2024. Motion carried by unanimous vote. 10.11 Investment Transactions for the Month Ended February 29, 2024. Accept and File the Investment Transaction Ledger for the Month Ended February 29, 2024. Motion carried by unanimous vote. Page 38 of 239 11. PUBLIC HEARING 11.1 Adoption of an Ordinance amending Section 9.07 (Food Caterers and Catering Equipment Rentals) of the National City Municipal Code. Adopted Ordinance No. 2024-2530 Mayor Morrison declared the Public Hearing open at 9:09 p.m. In-person public comment: Leah Gutierrez Erika Burboa ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to close the Public Hearing. Motion carried by unanimous vote. Public Hearing closed at 9:11 p.m. Recommendation: Adopt the Ordinance. ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Molina to adopt the Ordinance. Motion carried by unanimous vote. 11.2 Ordinance for Adoption – Discharge of Fats, Oils, and Grease (FOG) to the Municipal Sewer System. Adopted Ordinance No. 2024-2531 Item was introduced by Assistant Director of Engineering/Public Works Martha Juarez. Mayor Morrison declared the Public Hearing open at 9:14 p.m.. Public comment was received from Thomas Rike. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to close the Public Hearing. Motion carried by unanimous vote. Public Hearing closed at 9:18 p.m. Recommendation: Adopt Ordinance, Entitled, “Ordinance of the City Council of the City of National City, California, Amending Section 14.06.190 – Industrial Wastes - Discharge Restrictions - Permit Required When, and Adding Chapter 14.24 – Page 39 of 239 Fats, Oils and Grease Discharge Control to Title 14 of the National City Municipal Code.” ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Ordinance. Motion carried by unanimous vote. 11.3 Public Hearing No. 2 of 2 and Adoption of HUD 2024-2025 Action Plan and Allocation of Funds to CDBG and HOME Activities. Adopted Resolution No. 2024-38 Mayor Morrison declared the Public Hearing open 9:20 p.m. No public comments were received. ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to close the Public Hearing. Motion carried by unanimous vote. The Public Hearing closed at 9:21 p.m. Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California Adopting the U.S Department of Housing and Urban Development (HUD) 2024-2025 Annual Action Plan and Approving the Allocation of 2024-2025 HUD Entitlement Grant Funds and Program Income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program Activities Proposed in the 2024-2025 Annual Action Plan.” ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the resolution. Motion carried by unanimous vote. ITEM CONTINUED TO A FUTURE COUNCIL MEETING 11.4 Zoning Map Amendment to Implement the Focused General Plan Update. Introduce the Ordinance by First Reading, Entitled, “An Ordinance of the City Council of the City of National City, California, Adopting an Amendment to the City of National City Zoning Map to Implement the Focused General Plan Update.” Page 40 of 239 12. STAFF REPORTS Councilmember Rodriguez left the dais at 9:22 p.m. and returned at 9:25 p.m. 12.1 Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza Blvd. Assistant Director of Engineering/Public Works Martha Juarez presented the item. Recommendation: Initiate the Street Vacation. ACTION: Motion by Councilmember Molina, seconded by Mayor Morrison to initiate the street vacation. Motion carried by unanimous vote. 12.2 Update on El Toyon Park Improvements Bid Process (CIP No. 22-26) Assistant Director of Engineering/Public Works Martha Juarez presented the item. In-Person Public Comment: Matthew Gonzalez AJ Estrada Sean Ellis Cori Schumacher Recommendation: Provide direction to staff on whether to readvertise the project as a PLA covered contract or non-PLA contract. ACTION: Motion by Mayor Morrison, seconded by Councilmember Rodriguez to readvertise the project as a PLA covered contract. Motion carried by unanimous vote. 12.3 Discussion and Possible Adoption of Revised Proposed City Councilmember Budget Policy. Item presented by City Attorney Schultz. Recommendation: Review Revised Policy, Make Modifications, and Potential Adoption of Revised Proposed Policy. No vote. City Council concluded that the Ad Hoc Committee would discuss the item further and would return with recommendations at the June 4, 2024 City Council meeting. Page 41 of 239 ITEM CONTINUED TO THE MAY 21, 2024 CITY COUNCIL MEETING 12.5 Notice of and Calling for the Holding of a General Municipal Election, and Request for Consolidation with the Statewide General Municipal Election Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Providing Notice of and Calling for the Holding of a General Municipal Election for the Purpose of the Election of Certain Elected Officials and for the Submission to the Voters a Question Relating to a Citizen Initiative Regarding a Special Parcel Tax for Streets and Parks, and Requesting the San Diego County Board of Supervisors to Consolidate the Municipal Election with the Statewide General Municipal Election on Tuesday, November 5, 2024, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities.” ITEM CONTINUED TO THE MAY 21, 2024 CITY COUNCIL MEETING 12.6 Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements for the Tuesday, November 5, 2024, Election. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements of Qualifications to be Submitted to the Voters at a Statewide General Municipal Election to be held on Tuesday, November 5, 2024.” ITEM CONTINUED TO THE MAY 21, 2024 CITY COUNCIL MEETING 12.7 Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie Vote Adopt the Resolution Entitled, “A Resolution of the City Council of the City of National City, California, Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election.” Written Public Comment was received and will be included when the item returns at a future meeting. 13. CITY MANAGER’S REPORT No report. 14. ELECTED OFFICIALS REPORT Closing remarks were provided by members of the City Council. 14.1 POLICY 105 REQUEST - Support California Senate Bill 915 (Dave Cortese) - Requested by Councilmember Rodriguez ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to add the item to the June 4, 2024 City Council meeting agenda. Page 42 of 239 15. CITY ATTORNEY REPORT CLOSED SESSION Mayor Morrison introduced City Attorney Schultz who announced that there was no reportable action on the Closed Session item. 5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS Government Code Section 54956.9 Property: Block Bounded by West 23rd St., Bay Marina Dr., & Cleveland Ave. APN Nos.: 559-117-04,05,06,07 and 12; and 559-118-02 Agency Negotiation: City of National City Negotiating Parties: City Manager Martinez, City Attorney Schultz, Special Counsel Ralph Hicks, and Hotel Investment Group Inc. Under Negotiation: Instruction to Negotiate Councilmember Molina left the dais at 10:29 p.m. and returned at 10:31 p.m. 16. ADJOURNMENT Mayor Morrison adjourned the meeting to the Regular Meeting of the City Council of the City of National City on Tuesday, May 21, 2024, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 10:33 p.m. ________________________________ Tonya Hussain, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of May 21, 2024. ________________________________ Ron Morrison, Mayor Page 43 of 239 AGENDA REPORT Department: Engineering and Public Works Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Acceptance of an Easement Located on the Southeast Corner of the Paradise Creek Channel Between Highland Avenue, and Kimball Way for Construction and Maintenance Purposes. RECOMMENDATION: Adopt a Resolution Entitled "Resolution of the City Council of the City of National City, California, Accepting and Authorizing the Mayor to Sign a Grant of Easement from D Avenue Housing Associates, LP, for an Area Located on the Southeast Corner of the Paradise Creek Channel Between Highland Avenue and Kimball Way for Construction and Maintenance Purposes." BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Paradise Creek Mitigation Project at Kimball Way, CIP 19-35, was a grant-funded project completed in October 2022 that improved Paradise Creek between Highland Avenue and Kimball Way (Project). The Project repaired sections of Paradise Creek at Kimball Way, including removing existing concrete lining on the south creek bank, earthwork and regrading, and installing articulated concrete blocks and cutoff wall on the south creek bank. In addition, the Project enhanced the drainage, including adding new bar screen gates at the outlet and inlet of existing reinforced concrete box storm drains, and rip rap. Other site improvements included installation of new concrete driveways, perimeter wrought iron fencing, and access gates to secure the area. A critical component of the Project scope was to replace the retaining wall located on the southeast side of the channel by the parking lot of the 99 Cents Only store, which was at risk of collapse due to extensive stormwater erosion over the years. During the Project design phase, staff determined that a portion of the failing retaining wall was located on private property. The City coordinated with the adjacent property owner, D Avenue Housing Associates LP, to obtain an easement to reconstruct and maintain the retaining wall. D Avenue Housing Associates LP has agreed to grant the easement to the City, which considers the improvements the City made as part of the Project and additional area in the event the City needs to repair the retaining wall in the future. The Grant Easement (Exhibit A) contains the graphical depiction and legal description of the area. The Easement will be granted in perpetuity and at no cost to the City. The City agrees to undertake all repair and maintenance of the area contained within this easement for public drainage purposes. Staff recommends accepting and approving the recordation of the Grant of Easement. Page 44 of 239 FINANCIAL STATEMENT: The Easement will be granted at no cost to the City. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Not Applicable ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c). 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 - Easement Exhibit B - Resolution Page 45 of 239 Page 46 of 239 Page 47 of 239 Page 48 of 239 Page 49 of 239 Page 50 of 239 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING AND AUTHORIZING THE MAYOR TO SIGN A GRANT OF EASEMENT FROM D AVENUE HOUSING ASSOCIATES, LP FOR AN AREA LOCATED ON THE SOUTHEAST CORNER OF THE PARADISE CREEK CHANNEL BETWEEN HIGHLAND AVENUE AND KIMBALL WAY FOR CONSTRUCTION AND MAINTENANCE PURPOSES. WHEREAS, the Paradise Creek Mitigation Project at Kimball Way, CIP 19-35, was a grant-funded project completed in October 2022 that improved Paradise Creek between Highland Avenue and Kimball Way (the “Project”); and WHEREAS, the Project repaired sections of Paradise Creek at Kimball Way, including removing existing concrete lining on the south creek bank, earthwork and regrading, and installing articulated concrete blocks and cutoff wall on the south creek bank; and WHEREAS, a critical component of the Project scope was to replace the retaining wall located on the southeast side of the channel by the parking lot of the 99 Cents Only store, which was at risk of collapse due to extensive stormwater erosion over the years; and WHEREAS, during the Project design phase, staff determined that a portion of the failing retaining wall was located on private property; and WHEREAS, the City coordinated with the adjacent property owner, D Avenue Housing Associates, LP, to obtain an easement to reconstruct and maintain the retaining wall; and WHEREAS, D Avenue Housing Associates, LP has agreed to grant the easement to the City, which takes into account the improvements the City made as part of the Project and additional area in the event the City needs to repair the retaining wall in the future (the “Easement”); and WHEREAS, the Easement will be granted in perpetuity and at no cost to the City; and WHEREAS, the City agrees to undertake all repair and maintenance of the area contained within the Easement for public drainage purposes. 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 accepts and authorizes the Mayor to sign a grant of easement from D Avenue Housing Associates, LP, for an area located on the southeast corner of the Paradise Creek channel between Highland Avenue and Kimball Way for construction and maintenance purposes. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Page 51 of 239 PASSED and ADOPTED this 21st day of May, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 52 of 239 AGENDA REPORT Department: Engineering and Public Works Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Acceptance of Highway Safety Improvement Program Funding for the Construction Phase of the Citywide Protected Left Turn Enhancements Project, CIP 19-22. 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 $1,201,590 and a Corresponding Revenue Budget for the Construction Phase of the Citywide Protected Left Turn Enhancements Project, CIP 19-22, Reimbursable Through the Highway Safety Improvement Program Approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $290,610.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On December 19, 2018, the California Department of Transportation (Caltrans) awarded the City of National City a $1,390,590 Highway Safety Improvement Program (HSIP) grant for the Citywide Protected Left-Turn Enhancements Project. The awarded amount consists of $189,000 for Preliminary Engineering (PE) phase, and $1,201,590 for construction (CON) phase. On October 23, 2019, Caltrans authorized the City to proceed with the PE phase in the amount of $189,000 with a required local match of $21,000. On December 3, 2019, the City Council adopted Resolution No. 2019-169, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. F21 with Caltrans for the Citywide Protected Left-Turn Enhancements Project; 2) allowing for reimbursement of up to $189,000 in eligible project expenditures; and 3) committing to provide a local match in the amount of $21,000 available through local TransNet appropriations for Traffic Signal Upgrades CIP. On April 5, 2024, Caltrans authorized the City to proceed with the CON phase in the amount of $1,201,590, inclusive of construction engineering, with a required local match of $290,610. The project will upgrade existing permissive left-turn phases and signal heads with protected left- turn phases on existing and/or new traffic signal poles and mast arms along the following corridors: 8th Street, 18th Street, D Avenue, Euclid Avenue, Plaza Boulevard, Palm Avenue, Sweetwater Road, Roosevelt Avenue, and Mile of Cars Way (see attached Exhibit A). The project also includes restriping to incorporate protected left-turn lanes at several of these intersections. These upgrades will provide protected phasing for vehicles seeking to make a left turn through these intersections, thereby enhancing safety and navigation of vehicles and other modes of transportation. Page 53 of 239 Staff recommends authorizing the appropriation of $1,201,590 with a corresponding revenue budget for the construction phase of the Citywide Protected Left-Turn Enhancements Project and committing to providing a local match of $290,610, which is available through prior TransNet fund appropriations for Traffic Signal Upgrades CIP. Design of this project is nearing completion, and construction is anticipated to start by the end of 2024 and be completed by the end of 2025. FINANCIAL STATEMENT: HSIP Grant - $1,201,590 Revenue Account No. 296-06607-3498 Expenditure Account No. 296-409-500-598-6607 Required Local Match - $290,610 Expenditure Account No. 307-409-500-598-6558 (TransNet – Traffic Signal Upgrades CIP) 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: 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 – Exhibit Exhibit B – Finance Letter Exhibit C – Resolution Page 54 of 239 CITY OF NATIONAL CITY 2018 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT LEGEND VICINITY MAPLOCATION MAP VICINITY/LOCATION MAP 2COUNTERMEASURES: S6 AND S17Page 55 of 239 FINANCE LETTER 04/05/2024 11-SD-0-NATC HSIPL-5066(041) 1120000021 DEPARTMENT OF TRANSPORTATION To: City of National City Date: D_CO_RT: Project No: Adv. Project Id: 12/31/2025Project End Date: EA No: $1,702,200Est Tot Proj Costs: PRO RATA OR LUMP SUM LOCAL FUNDSFINANCE ITEMS $210,000.00 $21,000.00$189,000.0090.00%Agency Preliminary Engineering Lump Sum $210,000.00 Contract Items: $1,202,000 Contingencies: $120,200 Total:$1,322,200 $1,322,200.00 $273,610.00$1,048,590.0079.31%Construction $1,322,200.00 $170,000.00 $17,000.00$153,000.0090.00%Agency Construction Engineering $170,000.00 $1,702,200.00 $1,702,200.00 $1,390,590.00 $311,610.00Totals: FEDERAL PART. COST FED. REIMB %TOTAL COST OF WORK FEDERAL FUNDS ZS30 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: Sequence #4 authorizes construction and construction engineering funding based on the amounts shown in the agency finance letter dated 1/23/24 and extended the PED to 12/31/25.. Reimburse with ZS30 funds at a maximum ratio of 90% on a lump sum reimbursement basis. Sequence #3 extends the project end date (PED) from 6/30/23 to 10/30/24. (916) 444-7273 Patrick LouiePrinted Name: Telephone No: Remarks: _ 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 HSIPL-5066(041) 1120000021 24102F 2030010550 F $1,201,590.00 2324 $0.00 $1,201,590.00 06/30/2029 1120000021 20102F 2030010550 F $189,000.00 1920 $141,510.92 $47,489.08 06/30/2025 *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. Page 1 of 1 Page 56 of 239 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $1,201,590 AND A CORRESPONDING REVENUE BUDGET FOR THE CONSTRUCTION PHASE OF THE CITYWIDE PROTECTED LEFT TURN ENHANCEMENTS PROJECT, CIP 19-22, REIMBURSABLE THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM APPROVED BY CALTRANS; AND 2) COMMITTING TO PROVIDING A LOCAL MATCH IN THE AMOUNT OF $290,610. WHEREAS, the Citywide Protected Left-Turn Enhancements Project, CIP 19-22, will upgrade existing permissive left-turn phases and signal heads with protected left-turn phases on existing and/or new traffic signal poles and mast arms along the following corridors: 8th Street, 18th Street, D Avenue, Euclid Avenue, Plaza Boulevard, Palm Avenue, Sweetwater Road, Roosevelt Avenue, and Mile of Cars Way, as well as including restriping to include protected left- turn lanes at several of these intersections (the “Project”); and WHEREAS, the Project upgrades will provide protected phasing for vehicles seeking to make a left turn through these intersections, thereby enhancing safety and navigation of vehicles and other modes of transportation; and WHEREAS, on December 19, 2018, the California Department of Transportation (“Caltrans”) awarded a $1,390,590 Highway Safety Improvement Program (“HSIP”) grant to the City of National City (“City”) for the Project; and WHEREAS, the $1,390,590 award was distributed by Project phases, including $189,000 for Preliminary Engineering (“PE”) and $1,201,590 for Construction; and WHEREAS, on October 23, 2019, Caltrans authorized the City to proceed with the PE phase in the amount of $189,000, with a required local match of $21,000; and WHEREAS, on December 3, 2019, the City Council adopted Resolution No. 2019-169, 1) authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. F21 with Caltrans for the Project to allow for reimbursement of up to $189,000 in eligible Project expenditures through the HSIP grant; and 2) committing to provide a local match in amount of $21,000 available through local TransNet appropriations for Traffic Signal Upgrades CIP; and WHEREAS, on April 5, 2024, Caltrans authorized the City to proceed with the Construction phase in the amount of $1,201,590 with a required local match of $290,610; and WHEREAS, TransNet funds were appropriated through prior City Council actions to satisfy the local match requirement; and WHEREAS, City staff recommends the City Council adopt this Resolution authorizing the establishment of an appropriation and corresponding revenue budget to allow for reimbursement of up to $1,201,590 in eligible Project expenditures through the HSIP grant and committing to a local match of $290,610. Page 57 of 239 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 $1,201,590 and a corresponding revenue budget for the Construction phase of the Citywide Protected Left Turn Enhancements project, CIP 19-22, reimbursable through the Highway Safety Improvement Program approved by Caltrans. Section 2: That the City Council hereby authorizes the commitment to a local match in the amount of $290,610 utilizing TransNet fund appropriations previously established for the Traffic Signal Upgrades CIP. 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 21st day of May, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 58 of 239 AGENDA REPORT Department: Engineering Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Acceptance and Appropriation of Funds from CalRecycle SB1383 Local Assistance Grant Program. RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting an SB 1383 Local Assistant Grant Program Grant in the Amount of $165,976 from the California Department of Resources Recycling and Recovery to Implement Regulation Requirements Associated with SB 1383; and 2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $165,976.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: CalRecycle administers a grant program to provide assistance to jurisdictions in the implementation of regulations associated with SB 1383, including capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation, procurement requirements, and record keeping. On April 27, 2022, CalRecycle previously awarded the City of National City a grant in the amount of $89,461. On August 2, 2022, the City Council ratified acceptance of those funds through adoption of Resolution No. 2022-121. The period of performance to deliver the project was initially set to end on end on May 2, 2024, but was extended to November 1, 2024. The work necessary to comply with all the regulations required of SB 1383 is being performed by the Solana Center for Environmental Innovation (Solana Center) through the scope included in the agreement that was executed for the performance of such services. The original agreement was authorized by Resolution No. 2023-46, which was adopted by City Council on May 2, 2023. On November 7, 2023, the City submitted a grant application in the amount of $119,365 for the SB 1383 Local Assistant Grant Program. On February 26, 2024, CalRecycle notified the City it had been awarded a grant in the amount of $165,976. The period of performance to deliver the project ends on April 1, 2026. The funds from the original grant award and this subsequent award enable the City to continue to work with Solana Center to implement and continue its edible food recovery program by providing education, outreach and general support to Tier 1 & Tier 2 generators. The City will also continue to use these funds to inspect Tier 1 & Tier 2 generators, track progress on compliance, and Page 59 of 239 prepare SB 1383 compliance reports required by CalRecycle, which is also part of the scope of services provided by Solana Center. Staff is requesting acceptance of funds and authorization to establish an appropriation and corresponding revenue budget in the total amount of $165,976. FINANCIAL STATEMENT: The appropriation and corresponding revenue of $165,976 will be established in the Trash Rate Stabilization Fund (Fund 172) in accounts to be determined by the Finance Department. 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. ORDINANCE: Not Applicable EXHIBIT: Exhibit A - Resolution Page 60 of 239 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) ACCEPTING AN SB 1383 LOCAL ASSISTANCE GRANT PROGRAM GRANT IN THE AMOUNT OF $165,976 FROM THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY TO IMPLEMENT REGULATION REQUIREMENTS ASSOCIATED WITH SB 1383; AND 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $165,976. WHEREAS, the Department of Resources Recycling and Recovery (“CalRecycle”) administers a grant program to provide assistance to jurisdictions in the implementation of regulations associated with SB 1383; and WHEREAS, on April 27, 2022, CalRecycle previously awarded the City of National City (“City”) a grant in the amount of $89,461; and WHEREAS, on May 2, 2023, the City Council adopted Resolution No. 2023-46 authorizing the execution of an agreement with Solana Center for Environmental Innovation (“Solana Center”) for services related to implementation of SB 1383 regulations, which services were paid for with CalRecycle grant funds; and WHEREAS, on November 7, 2023, the City submitted a grant application in the amount of $119,365 for the SB 1383 Local Assistant Grant Program; and WHEREAS, on February 26, 2024, CalRecycle notified the City that it had been awarded a grant in the amount of $165,976 (the “Grant”); and WHEREAS, the period of performance under the Grant ends on April 1, 2026; and WHEREAS, the Grant funds will be used to continue the services from Solana Center to support the City’s edible food recovery program by providing education, outreach and general support to Tier 1 & Tier 2 generators, as well as to inspect Tier 1 & Tier 2 generators and to train City staff to conduct these inspections for future years; and WHEREAS, City staff recommends the City Council adopt this Resolution accepting the Grant funds and authorizing the establishment of an appropriation and corresponding revenue budget in the Trash Rate Stabilization Fund in the amount of $165,976. 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 acceptance of an SB 1383 Local Assistance Grant Program grant from the California Department of Resources Recycling and Recovery funds in the amount of $165,976 to implement regulation requirements associated with SB 1383. Section 2: That the City Council hereby authorizes the establishment of an appropriation of $165,976 and a corresponding revenue budget in the Trash Rate Stabilization Fund. Page 61 of 239 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 21st day of May, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 62 of 239 AGENDA REPORT Department: Community Development Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, Acting City Manager SUBJECT: Adoption of Resolution Initiating Proceedings for the Levy and Collection of Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024-25. RECOMMENDATION: Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Initiating Proceedings for the Levy and Collection of Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024-25.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would initiate proceedings for the District for Fiscal Year 2024-25. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget based on the Engineer’s Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The proposed total assessment of $167,836.72 is an increase of 4.26% over the prior year's total assessment The City’s consultant and City administrative costs are paid from the District’s assessment funds. FINANCIAL STATEMENT: The total proposed budget for the District for Fiscal Year 2024-25 is $183,369.29. The funding sources include $167,836.72 from assessments levied on property owners who directly benefit from the maintenance and improvements carried out within the district, and $15,532.57 from the City’s General Fund to pay for the general benefit to the public at large from the District’s operations. Because the City owns one of the parcels within the district, it will pay a share of the $167,836.72, which for Fiscal Year 2024-25 will be $2,753.85, bringing the total general fund cost to $18,286.42. The City receives $5,500 annually to cover administrative costs. 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. Page 63 of 239 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 64 of 239 RESOLUTION NO. 2024-___ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2024-25. WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape Maintenance District No. 1 (Mile of Cars) (the “Assessment District”); and WHEREAS, the City has retained the consultant, NBS, for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report; and WHEREAS, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2024-25. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDERS AS FOLLOWS: Section 1: Annual Report: The Council orders NBS to prepare and file with the City Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2024 and ending June 30, 2025. Section 2: New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District. 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 21st day of May, 2024. Ron Morrison, Mayor ATTEST: _____________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz, City Attorney Page 65 of 239 AGENDA REPORT Department: Community Development Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, Acting City Manager ________________________________________________________________ SUBJECT: Adoption of Resolution Approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for the Fiscal Year 2024-25. RECOMMENDATION: Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Approving the Annual Report for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024-25.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would approve the Engineer’s Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. The proposed total assessment of $167,836.72 is an increase of 4.26% over the prior year's total assessment. The City’s consultant and City administrative costs are paid from the District’s assessment funds. FINANCIAL STATEMENT: The total proposed budget for the District for Fiscal Year 2024-25 is $183,369.29. The funding sources include $167,836.72 from assessments levied on property owners who directly benefit from the maintenance and improvements carried out within the district, and $15,532.57 from the City’s General Fund to pay for the general benefit to the public at large from the District’s operations. Because the City owns one of the parcels within the district, it will pay a share of the $167,836.72, which for Fiscal Year 2024-25 will be $2,753.85, bringing the total general fund cost to $18,286.42. The City receives $5,500 annually to cover administrative costs. 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. Page 66 of 239 PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Resolution Exhibit B – Engineer’s Report Page 67 of 239 RESOLUTION NO. 2024-____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE ANNUAL REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2024-25. WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape Maintenance District No. 1 (Mile of Cars) (the “Assessment District”); and WHEREAS, the City has retained the consultant, NBS, for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report; and WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and WHEREAS, such Annual Report has been prepared and filed with the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDERS AS FOLLOWS: Section 1: That the City Council of the City of National City hereby approves the Annual Report concerning the levy of assessments for the fiscal year commencing July 1, 2024 and ending June 30, 2025. Section 2: 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 21st day of May, 2024. ___________________________________ Ron Morrison, Mayor ATTEST: _____________________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: _____________________________________ Barry J. Schultz, City Attorney Page 68 of 239 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fiscal Year 2024/25 Engineer’s Report For: Landscape Maintenance District No. 1 (Mile of Cars) April 2024 Page 69 of 239 CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 CITY COUNCIL Ron Morrison, Mayor Ditas Yamane, Vice Mayor Marcus Bush, Councilmember Luz Molina, Councilmember Jose Rodriguez, Councilmember CITY STAFF Ben Martinez, City Manager Frank Parra, Assistant City Manager Martin Reeder, Principal Planner DISTRICT STAFF Leslie Larranaga-Britt, Executive Director NBS Charmane Custodio, Administrator Darrylanne Zarate, Project Manager John Egan, Assessment Engineer Page 70 of 239 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Overview ........................................................................................................................ 2 2.1 Introduction ............................................................................................................. 2 2.2 Description of the District Boundaries .................................................................... 2 2.3 Description of Improvements ................................................................................. 2 2.4 Description of Maintenance .................................................................................... 3 3. Estimate of Costs ............................................................................................................ 4 3.1 District Budget ......................................................................................................... 4 3.2 Reserves .................................................................................................................. 5 4. Assessment Diagram ....................................................................................................... 6 5. Assessments ................................................................................................................... 7 5.1 Method of Apportionment ...................................................................................... 7 5.2 Maximum Annual Assessment Rates .................................................................... 12 5.3 Assessment Roll ..................................................................................................... 13 Page 71 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 1 1. ENGINEER’S LETTER WHEREAS, the City Council of the City of National City (the “City”), State of California, directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City’s Landscape Maintenance District No. 1 (Mile of Cars) (the “District”) for Fiscal Year 2024/25. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The Fiscal Year 2024/25 assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2023/24 maximum assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: Summary of Assessment Fiscal Year 2024/25 Amounts Annual Budget $183,369.29 (Less) General Benefit Contribution by the City (15,532.57) Annual Assessment (1) $167,836.72 (1) Amount shown is prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure. I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation. John Egan, Assessment Engineer Page 72 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 2 2. OVERVIEW 2.1 Introduction The City formed the District in 1995 to provide maintenance services to benefit certain parcels in the City. The levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the “Act”). The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The Engineer’s Report (the “Report”) describes the District and the annual assessment per parcel for Fiscal Year 2024/25, which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number by the San Diego County Assessor’s Office. The San Diego County Auditor- Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2024/25. If approved, the assessment information shall be submitted to the County Auditor-Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2024/25. 2.2 Description of the District Boundaries The District’s improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows, but, shall not be limited to: 1. Median Improvements  Landscape planting and irrigation  Colored concrete hardscape  Lighting system  Graphic panels, banners and signage  Painted crosswalks  Identification sign at 23rd Street and McKinley Avenue Page 73 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 3 2. Frontage Improvements  Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street  Landscape planting and irrigation  Colored concrete sidewalks and mow curbs  Street furniture 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance  Mowing, trimming, pruning and weeding  Watering, including water usage  Fertilizing  Plant replacement  Periodic skinning of palm trees 2. Maintenance of Irrigation System  Adjustment of timers  Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system  Bulb replacement  Repair/replacement of worn out or malfunctioning equipment  Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents Page 74 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 4 3. ESTIMATE OF COSTS 3.1 District Budget The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. The following table summarizes the components that make up the Fiscal Year 2024/25 estimate of costs for the District: Description Median Improvements Frontage Improvements Total Maintenance Costs 1. Lawn planting care $0.00 $46,503.29 $46,503.29 2. Median planting care 25,688.06 0.00 25,688.06 3. Palm tree maintenance 9,300.00 9,300.00 18,600.00 4. Water usage 13,836.67 13,836.67 27,673.34 5. Refurbishment of graphic panels 20,000.00 0.00 20,000.00 6. General maintenance of electrical system/lights 5,500.00 0.00 5,500.00 7. Electrical usage 15,000.00 0.00 15,000.00 8. Refurbishment of decorative crosswalks 250.00 250.00 500.00 9. Reserves 250.00 250.00 500.00 Total Cost of Annual Maintenance: $89,824.73 $70,139.96 $159,964.69 Incidental Expenses A. Administration $3,750.00 $3,750.00 $7,500.00 B. Other contractual obligations (1) 4,950.00 4,950.00 9,900.00 C. Engineering 0.00 0.00 0.00 D City expenses 2,750.00 2,750.00 5,500.00 E. Consultant fees 250.00 250.00 500.00 F. County collection fees 2.30 2.30 4.60 Total Incidentals: $11,702.30 $11,702.30 $23,404.60 Total Estimated Annual Cost: $101,527.03 $81,842.26 $183,369.29 (Less) General Benefit Contribution (2): ($8,721.98) ($6,810.59) ($15,532.57) TOTAL ANNUAL ASSESSMENT (3): $92,805.05 $75,031.67 $167,836.72 (1) Includes legal, accounting and advertising. (2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Amounts shown are prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure. Page 75 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 5 3.2 Reserves The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. The following table details the current and projected reserve balances: Reserve Balance 12/31/2023 Reserve Collection/Reduction for FY 2024/25 (1) Reserve Balance Projection 6/30/2024 $151,196.03 ($38,666.50) $112,529.53 (1) Includes expenses and reductions between the dates 12/31/2023 and 4/4/2024. Page 76 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 6 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor’s Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. Page 77 of 239 Page 78 of 239 Page 79 of 239 Page 80 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 7 5. ASSESSMENTS The actual assessments for Fiscal Year 2024/25, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted at the end of this section. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. The figures in Section 5.1 are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2013/14. 5.1.1 IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District’s improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an “aesthetic benefit.” The aesthetic benefit provided by the district improvements and services are supported by the City’s General Plan (the “Plan”) and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, “have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City’s desire for a higher quality of life.” The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan:  Policy LU-5.3: Recognize the diverse needs of the City’s business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district.  Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars.  Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts.  Policy LU-5.10: Assist the business community in evaluating the City’s marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. Page 81 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 8  Policy LU-9.1: Design developments along mixed-use and “community corridors” for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic-calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate.  Policy LU-9.4: Encourage an overall high-quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on-street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for the City, where appropriate.  Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway.  Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts.  Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride.  Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood.  Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. 5.1.2 AESTHETIC BENEFIT The aesthetic benefit relates to an improvement in the District’s visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property’s highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District’s improvements and services:  Uniform and up-to-date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders.  The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements.  The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. Page 82 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 9  The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian-friendly, thus improving activity for residents and businesses alike.  Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. 5.1.3 SEPARATION OF GENERAL BENEFIT Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area, will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. A Special v. General Benefit Analysis was performed in Fiscal Year 2013/14 to quantify said general benefits. 5.1.4 QUANTIFICATION OF GENERAL BENEFIT As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals “walking through” the District and to vehicles “passing through” the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District Page 83 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 10 are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles “passing through” the District. Meaning, any vehicle using the City’s streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the “general public” benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips “passing through” the District. In order to determine the estimated portion of the vehicle trips “passing through” the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals – 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District, which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District, which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71% of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Pursuant to the Special v. General Benefit Analysis performed in Fiscal Year 2013/14, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. 5.1.5 APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was performed and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the original assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying Page 84 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 11 the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District to the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel’s lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District – the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 5.1.6 MEDIAN IMPROVEMENTS 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. 5.1.7 FRONTAGE IMPROVEMENTS 1. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 3. The frontage of each parcel is determined from current Assessor’s maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. Page 85 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 12 5.2 Maximum Annual Assessment Rates The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The following table shows the historical maximum annual assessment rates. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot (1) Total Actual Rate Per Frontage Foot (1) Actual Percentage Increase 1996/97 N/A $3.29 $6.43 $9.72 $9.72 N/A 1997/98 10% 3.62 7.07 10.69 10.69 9.98% 1998/99 10% 3.98 7.78 11.76 11.09 3.74% 1999/00 10% 4.38 8.56 12.94 11.07 -0.18% 2000/01 10% 4.82 9.41 14.23 11.51 3.97% 2001/02 10% 5.30 10.35 15.66 10.52 -8.60% 2002/03 10% 5.83 11.39 17.22 11.03 4.85% 2003/04 10% 6.41 12.53 18.95 11.25 1.99% 2004/05 10% 7.05 13.78 20.84 11.56 2.76% 2005/06 10% 7.76 15.16 22.93 11.68 1.04% 2006/07 10% 8.54 16.68 25.22 12.37 5.91% 2007/08 10% 9.39 18.35 27.74 13.72 10.91% 2008/09 10% 10.33 20.18 30.52 14.79 7.80% 2009/10 10% 11.36 22.20 33.57 16.19 9.47% 2010/11 10% 12.50 24.42 36.93 16.87 4.20% 2011/12 10% 13.75 26.86 40.62 15.75 -6.64% 2012/13 10% 15.12 29.55 44.68 15.80 0.32% 2013/14 10% 16.64 32.51 49.15 15.49 -1.96% 2014/15 10% 18.30 35.76 54.07 15.15 -2.19% 2015/16 10% 20.13 39.33 59.46 15.11 -0.26% 2016/17 10% 22.15 43.27 65.42 15.86 4.96% 2017/18 10% 24.36 47.60 71.96 15.69 -1.07% 2018/19 10% 26.80 52.36 79.16 16.38 4.40% 2019/20 10% 29.48 57.59 87.07 16.76 2.32% 2020/21 10% 32.43 63.35 95.78 17.23 2.80% 2021/22 10% 35.67 69.69 105.36 17.23 0.00% 2022/23 10% 39.24 76.66 115.90 17.63 2.32% 2023/24 10% 43.16 84.32 127.48 17.84 1.19% 2024/25 10% 47.48 92.76 140.24 18.61 4.26% (1) Rates are truncated. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual combined annual assessment rate for Fiscal Year 2024/25 is $18.61, which reflects an increase of 4.26% from Fiscal Year 2023/24. Page 86 of 239 City of National City Landscape Maintenance District No. 1 (Mile of Cars) 13 5.3 Assessment Roll Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the San Diego County Assessor’s secured roll data for the applicable year in which this Engineer’s Report is prepared and is incorporated herein by reference. A listing of parcels assessed within the District for Fiscal Year 2024/25, along with the assessment amounts, is on file in the office of the City Clerk. If any parcel submitted for collection is identified by the San Diego County Auditor/Controller to be invalid for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the San Diego County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Engineer’s Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned a parcel number), dedicated public easements, open space areas and right-of-ways, including public greenbelts and parkways, utility right-of-ways, common areas, bifurcated lots, and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment. Page 87 of 239 City of National City Landscape Maintenance District No 1 (Mile of Cars) Preliminary Billing Detail Report for Fiscal Year 2024/25 APN Frontage Levy Other Levy Total 560-203-03-00 291 $5,414.67 ($0.01) $5,414.66 560-204-02-00 140 2,604.99 (0.01) 2,604.98 560-204-04-00 190 3,535.35 (0.01) 3,535.34 560-210-01-00 125 2,325.89 (0.01) 2,325.88 560-210-04-00 165 3,070.17 (0.01) 3,070.16 560-210-40-00 211 3,926.10 0.00 3,926.10 560-210-41-00 50 930.35 (0.01) 930.34 560-210-42-00 30 558.21 (0.01) 558.20 560-261-08-00 270 5,023.92 0.00 5,023.92 560-271-07-00 75 1,395.53 (0.01) 1,395.52 560-271-09-00 50 930.35 (0.01) 930.34 560-271-14-00 95 1,767.67 (0.01) 1,767.66 560-271-15-00 100 1,860.71 (0.01) 1,860.70 560-330-03-00 591 10,996.81 (0.01) 10,996.80 560-393-03-00 140 2,604.99 (0.01) 2,604.98 560-393-04-00 480 8,931.42 0.00 8,931.42 562-021-01-00 100 1,860.71 (0.01) 1,860.70 562-021-07-00 160 2,977.14 0.00 2,977.14 562-031-13-00 110 2,046.78 0.00 2,046.78 562-031-14-00 160 2,977.14 0.00 2,977.14 562-090-06-00 270 5,023.92 0.00 5,023.92 562-100-13-00 135 2,511.96 0.00 2,511.96 562-100-14-00 135 2,511.96 0.00 2,511.96 562-150-13-00 209 3,888.89 (0.01) 3,888.88 562-160-07-00 300 5,582.13 (0.01) 5,582.12 562-180-32-00 82 1,525.78 0.00 1,525.78 562-180-33-00 127 2,363.10 0.00 2,363.10 562-220-11-00 100 1,023.77 (0.01) 1,023.76 562-220-13-00 230 4,279.64 0.00 4,279.64 562-220-31-00 155 2,884.10 0.00 2,884.10 562-220-32-00 314 5,842.63 (0.01) 5,842.62 562-251-37-00 202 3,758.64 0.00 3,758.64 562-251-38-00 167 3,107.39 (0.01) 3,107.38 562-252-16-00 330 6,140.35 (0.01) 6,140.34 562-321-07-00 182 3,386.49 (0.01) 3,386.48 562-321-08-00 148 2,753.85 (0.01) 2,753.84 562-330-43-00 40 744.28 0.00 744.28 562-330-47-00 192 3,572.56 0.00 3,572.56 562-330-48-00 133 2,474.74 0.00 2,474.74 562-340-09-00 300 5,582.13 (0.01) 5,582.12 562-340-47-00 164 3,051.56 0.00 3,051.56 562-340-48-00 436 8,112.70 0.00 8,112.70 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 1 of 2 03/25/2024 03:19:49PM Page 88 of 239 City of National City Landscape Maintenance District No 1 (Mile of Cars) Preliminary Billing Detail Report for Fiscal Year 2024/25 APN Frontage Levy Other Levy Total 562-340-49-00 291 5,414.67 (0.01) 5,414.66 562-340-50-00 300 5,582.13 (0.01) 5,582.12 562-340-69-00 290 5,396.06 0.00 5,396.06 562-340-70-00 300 5,582.13 (0.01) 5,582.12 46 Accounts Slight variances may occur due to rounding Copyright © 2013 by NBS Page 2 of 2 03/25/2024 03:19:49PM 9,065 $167,836.46 ($0.26) $167,836.20 Page 89 of 239 AGENDA REPORT Department: Community Development Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, Acting City Manager SUBJECT: Adoption of a Resolution Declaring Its Intention to Conduct a Public Hearing on June 4, 2024 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1. RECOMMENDATION: Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Declaring Its Intention to Conduct a Public Hearing on June 4, 2024 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2024- 2025.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would declare the City’s intention to conduct a public hearing and to levy and collect assessments on behalf of the District for Fiscal Year 2024-25 based on the Engineer’s Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. The proposed total assessment of $167,836.72 is an increase of 4.26% over the prior year's total assessment The City’s consultant and City administrative costs are paid from the District’s assessment funds. FINANCIAL STATEMENT: The total proposed budget for the District for Fiscal Year 2024-25 is $183,369.29. The funding sources include $167,836.72 from assessments levied on property owners who directly benefit from the maintenance and improvements carried out within the district, and $15,532.57 from the City’s General Fund to pay for the general benefit to the public at large from the District’s operations. Because the City owns one of the parcels within the district, it will pay a share of the $167,836.72, which for Fiscal Year 2024-25 will be $2,753.85, bringing the total general fund cost to $18,286.42. The City receives $5,500 annually to cover administrative costs. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development Page 90 of 239 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 91 of 239 RESOLUTION NO. 2024-___ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JUNE 4, 2024, AND TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2024-25. WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape Maintenance District No. 1 (Mile of Cars) (the “Assessment District”); and WHEREAS, the City has retained the consultant, NBS, for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report; and WHEREAS, the Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and WHEREAS, the consultant has prepared and filed such Annual Report with the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Intention: The Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2024 and ending June 30, 2025. The Council finds that the public’s best interest requires such action. Section 2: Improvements: The Improvements include but are not limited to: landscape planting and irrigation, colored hardscape, lighting systems, graphic panels, banners and signage, painted crosswalks, and street furniture. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. Section 3: Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference. Section 4: Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 5: Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Tuesday, June 4, 2024 at 6:00 pm or as soon thereafter as is feasible in the Council Chambers located at 1243 National City Blvd, National City, CA 91950. The Council further orders the Clerk to publish notice of this resolution in accordance with Section 22626 of the Act. Page 92 of 239 Section 6: Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that amount previously approved by the property owners (as “increased assessment” is defined in Section 54954.6 of the Government Code). Section 7: That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED this 21st day of May, 2024. ___________________________________ Ron Morrison, Mayor ATTEST: _____________________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: ____________________________________ Barry J. Schultz, City Attorney Page 93 of 239 AGENDA REPORT Department: Engineering and Public Works Prepared by: Tirza Gonzales, Operations Manager Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Authorize the Purchase of a Large Front Loader for Engineering & Public Works Streets and Wastewater Division RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing, and Authorizing the City to Piggyback onto Sourcewell Contract # 011723 with Sonsray Machinery for the Purchase of a CASE 521G2 ZBAR STAGE 5 Large Front Loader in a Not-to-Exceed amount of $171,000 for the Public Works Streets and Wastewater Division: Authorizing a Transfer from the Sewer Fund to the Vehicle Acquisition Fund of up to $47,025, and Authorizing the City Manager to Approve Adjustments of up to $17,100 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Engineering & Public Works Streets and Wastewater Division utilizes a front loader to assist with maintenance and repairs in asphalt work, alley clean-up and grading, drainage channels, and post storm event clean-ups citywide. The current front loader has been in service for sixteen (16) years, has exceeded its useful life of fifteen (15) years, and is scheduled to be replaced. Staff is requesting the approval of the purchase of a CASE 521G2 ZBAR STAGE 5 Large Front Loader in a not-to-exceed amount of $171,000, and authorization for the City Manager to approve adjustments to the not-to-exceed amount for the purchase of up to $17,100 as a 10% contingency for unforeseen fluctuations in pricing. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #011723 with Sonsray Machinery to allow for the purchase. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. Page 94 of 239 National City’s Purchasing staff has confirmed that the Sourcewell Contract #011723 was competitively bid through a Request for Proposals (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City. FINANCIAL STATEMENT: Funding of $250,000 for this purchase was approved through adoption of the FY24 annual budget, but the cost is now expected to be $171,000. No additional appropriations will be necessary should any portion of the contingency amount be required to complete the purchase of the Large Front Loader, but staff has determined that instead of 100% of the cost of the equipment being paid for from the General Fund as reflected in the adopted budget, 25% of the cost should be paid for by the Sewer Fund. The table below depicts the new appropriation required in the Sewer Fund to transfer monies to the Vehicle Acquisition Fund for that 25% share of the cost. Fund balance is available in the Sewer Fund to enable the transfer. 644-10-31-31600-7511 $171,000 Vehicle Acq. Automotive Equipment – Streets 125-10-19-19100-8999 $42,750 Transfer out from Sewer Fund (25% share of $171,000) 644-10-31-31100-3999 $42,750 Transfer in from Sewer Fund (25% share of $171,000) If some or all of the contingency amount be needed, the expenditure for the Front Loader and associated 25% share of the cost would be recorded as follows: 644-10-31-31600-7511 Up to $17,100 (contingency) Automotive Equipment – Streets 125-10-19-19100-8999 Up to $4,275 Transfer out from Sewer Fund (25% share of $17,100) 644-10-31-31100-3999 Up to $4,275 Transfer in from Sewer Fund (25% share of $17,100) 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: Sonsray Machinery Quote Exhibit B: Sourcewell Contract 011723 Exhibit C: Resolution Page 95 of 239 NOTICE TO PURCHASER 1. spaces, even if otherwise advised. 2.You are entitled to an exact and completely filled protect your legal rights. 3.Store Manager signature required for final acceptance of Sales Order. THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE. CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING. Purchaser’s Signature ____________________________Sales Consultant ____________________________Date _________ Print Name ____________________________________Date _________Accepted By _______________Date _________ Page 1 of 3 1475 Pioneer Way ∙ El Cajon ∙ CA ∙ 92020 TEL: (619) 873-0123 www.SonsrayMachinery.com Ship To: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY California 91950 Invoice To: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY California 91950 Attention: Primary Contact El Cajon April 22, 2024 cvallombroso-0499 BP0014857 619-336-4580 Purchase Order: Sales Person: Crystal Vallombroso EQUIPMENT QUOTE/SALES ORDER CASE 521G2 ZBAR STAGE 5 Serial #: Stock #: EQ0060937 $170,612.64 521G2 ZBAR STAGE 5 SOURCEWELL CONTRACT 011723 LIST PRICE $236,962.00 - Less 28% SOURCEWELL DISCOUNT ($66,349.36) = $170,612.64 Locking Hydraulic for Coupler, Skid Plate/Transmission Guard, English Literature, Standard Weather Package Joystick with 1 AUX Function, Zbar Linkage, No Integrated Payload System, Quick Pick 1 - D LR 1906 Enhanced Cab Comfort, Enhanced Visibility Bundle, No Transmission Control Unit, Transport Protection Limited Slip Differentials, Standard Hydraulic Steering, Ride Control, Standard Fenders w/LH/RH Steps Bucket Pins, No Bkt or Coupler 17.5R25 L2 Michelin XTLA, 2.5 cu. yd. JRB Coupler Bucket w/BOE *** MACHINE QUOTED IS SUBJECT TO AVAILABILITY *** **CASE PROCARE COVERAGE APPLIES 1-YEAR / UNLIMITED HOURS BASE WARRANTY 3-YEAR / 3000 HOUR FULL MACHINE FACTORY WARRANTY 3-YEAR / 2000 HOUR PLANNED MAINTENANCE 3-YEAR ADVANCED SITEWATCH SUBSCRIPTION The most comprehensive and standard-from-the-factory heavy machine support program in the industry. *ADDITIONAL PURCHASE PROTECTION PLAN EXTENDED WARRANTIES ARE AVAILABLE FOR AN ADDITIONAL COST **** INTEREST RATE QUOTED IS BASED ON CURRENT RATES. INTEREST RATE IS SUBJECT TO CHANGE, BASED ON THE FINANCIAL INSTITUTION **** ***Quote Expires 04/30/2024 ***Financing Available on Approved Credit (OAC) ***Unit Based on Availability *** QUOTED PRICE IS NOT GUARANTEED, AND SUBJECT TO MANUFACTURER'S PRICE INCREASES, INCLUDING ANY ADDITIONAL SURCHARGES *** SONSRAY SIGNATURE SERVICE – A commitment to providing excellent service and care when you purchase a new piece of equipment from Sonsray Machinery. PPP-Premier 60/5000 without TTM $12,906.66 Factory Freight $6,000.00 INITIAL DAR/PDI/FINAL $3,200.00 transfer equipment $2,000.00 EXHIBIT A Page 96 of 239 Page 2 of 3 TRANSIT LOAD FEE $ 500.00 **TRADE IN** 2007 CAT 924G 4012 HRS Serial # CAT0924GCDDA02918 $26,000.00 Net Trade Allowance ($26,000.00) Quoted Price $195,219.30 Sales Tax 8.75%$14,806.69 Processing Fee $ 399.00 CA Tire Tax $ 7.00 Cash Due or Finance Amount $184,431.99 Page 97 of 239 Page 3 of 3 1. This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees (1) to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and (2) that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged. 2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment. When the reappraised value is less than the original trade-in allowance shown on this form, the purchaser may terminate this order; however, this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller. 3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment. In the event Case dealer's price is changed prior to delivery, the purchase price shall be adjusted accordingly. If such price change results in an increase, purchaser has the option of canceling the order in writing immediately on being notified thereof. 4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections. 5. Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegally, shall not damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear. 6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee, or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller. Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seller may exercise any other rights and remedies provided by applicable law. 7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract. Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default. Payments received by Seller are to be applied first to delinquent interest and then to principal. 8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof. 9. Any provision of this contract prohibited by the laws of any state, the United States, any province of Canada, shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract. 10. Each maker, endorser, guarantor and surety hereon severally waives presentment, demand protest, and notice of non-payment and all defenses of want of diligence in collection and bringing suit. This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, personal representative, successors, and signs. 11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods. The seller may correct patent errors herein. Page 98 of 239 EXHIBIT B Page 99 of 239 Page 100 of 239 Page 101 of 239 Page 102 of 239 Page 103 of 239 Page 104 of 239 Page 105 of 239 Page 106 of 239 Page 107 of 239 Page 108 of 239 Page 109 of 239 Page 110 of 239 Page 111 of 239 Page 112 of 239 Page 113 of 239 Page 114 of 239 Page 115 of 239 Page 116 of 239 Page 117 of 239 Page 118 of 239 Page 119 of 239 Page 120 of 239 Page 121 of 239 Page 122 of 239 Page 123 of 239 Page 124 of 239 Page 125 of 239 Page 126 of 239 Page 127 of 239 Page 128 of 239 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT #011723 WITH SONSRAY MACHINERY FOR THE PURCHASE OF A CASE 521G2 ZBAR STAGE 5 LARGE FRONT LOADER IN A NOT-TO-EXCEED AMOUNT OF $171,000 FOR THE PUBLIC WORKS STREETS AND WASTEWATER DIVISION: AUTHORIZING A TRANSFER FROM THE SEWER FUND TO THE VEHICLE ACQUISITION FUND OF UP TO $47,025; AND AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP TO $17,100 TO THE NOT-TO- EXCEED AMOUNT FOR THE PURCHASE AS A 10% CONTINGENCY FOR UNFORESEEN FLUCTUATIONS IN PRICING. WHEREAS, the Public Works Streets and Wastewater Division utilizes a front loader to assist with maintenance and repairs in asphalt work, alley clean-up and grading, drainage channels, and post storm event clean-ups citywide; and WHEREAS, City staff desires to purchase a new large front loader as the current front loader has exceeded its useful life of fifteen years and is scheduled to be replaced; and WHEREAS, through adoption of the Fiscal Year 2024 annual budget, City Council approved $250,000 for the purchase of a new front loader and the City of National City has an opportunity to piggyback onto the Sourcewell Contract # 011723 with Sonsray Machinery to allow for the purchase of a CASE 521G2 ZBAR STAGE 5 large front loader; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, National City’s Purchasing staff has confirmed that the Sourcewell Contract # 011723 with Sonsray Machinery was competitively bid through a Request for Proposals (RFP) process, and that Sourcewell procurement procedures are in substantial compliance with those of National City; and WHEREAS, City staff recommends that 25% of the cost be charged to the Sewer Fund, which entails making an adjustment to the Sewer Fund’s budget for Fiscal Year 2024 by transferring up to $47,025 to the vehicle acquisition fund; and WHEREAS, City staff recommends adoption of the Resolution as stated. 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 waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 011723 with Sonsray Machinery to Page 129 of 239 allow for the purchase of a CASE 521G2 ZBAR STAGE 5 large front loader for the Public Works Streets and Wastewater Division in a not-to-exceed amount of $171,000. Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $17,100 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing. Section 3: That the City Council hereby authorizes a Fiscal Year 2024 budget adjustment by transferring up to $47,025 from the Sewer Fund to the Vehicle Acq. Automotive Equipment – Streets fund to pay for 25% of the cost of the front loader. . Section 4: 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 21st day of May, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 130 of 239 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Discussion Regarding Policy and Possible Removal of Parks, Recreation & Senior Citizens Advisory Committee Member Due to Unexcused Absences per City Council Policy No. 107 RECOMMENDATION: Provide direction to staff. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Parks, Recreation & Senior Citizens Advisory Committee (“Committee”) Member Ignacio Navarro, Jr. was appointed to the Committee on February 16, 2021 and reappointed on March 7, 2023. Since reappointment, the City Clerk’s Office has been unsuccessful in reaching Member Navarro to complete the required Oath of Office, Anti-Sexual Harassment, and Ethics trainings, which are required every two years. Member Navarro has been out of compliance since June 2023. In addition, Member Navarro has been absent without notice to the Staff Lead or the City Clerk’s Office for Committee meetings that occurred during calendar year 2023 and for meetings thus far in 2024. Member: Ignacio Navarro, Jr. Number of Meetings Held Meetings Present Status of Mandatory Training Meetings Held in 2023 7 0 Two Overdue Meetings Held in 2024 4 0 Two Overdue The City Clerk’s Office has made numerous attempts to contact Member Navarro via email, telephone, and certified mail with no success. Correspondence sent via certified mail was returned by the U.S. Postal Service as ‘Unclaimed – Return to Sender’ (see Exhibit A). City Council Policy 107, Section (D)(3) Removals provides that: 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. Page 131 of 239 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. 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 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. Page 132 of 239 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 – Correspondence sent to Ignacio Navarro, Jr. Exhibit B – City Council Policy 107 Page 133 of 239 Page 134 of 239 Page 135 of 239 Page 136 of 239 Page 137 of 239 Page 138 of 239 From: Shelley Chapel Sent: Monday, June 19, 2023 10:59 AM Cc: Christina Curiel <ccuriel@nationalcityca.gov>; Elyana Delgado <edelgado@nationalcityca.gov>; Joanne McGhee <jmcghee@nationalcityca.gov>; Joyce Ryan <jryan@nationalcityca.gov>; Juanita Castañeda <jcastaneda@nationalcityca.gov>; Lizza Galindo-Rojas <LRojas@nationalcityca.gov>; Lourdes Silva <lourdess@nationalcityca.gov>; Martin Reeder <mreeder@nationalcityca.gov>; Sarah Esendencia <sesendencia@nationalcityca.gov>; Tirza Gonzales <tgonzales@nationalcityca.gov>; Tonya Hussain <thussain@nationalcityca.gov>; Walter Amedee <WAmedee@nationalcityca.gov> Subject: BCC Member Required Training - Past Due Training Requirement is OVERDUE – Please complete at once. Good morning BCC Member, If you are receiving this email, it is because you have one or more required trainings that are past due. Please log in to the Targetsolutions website and complete any trainings that appear on your dashboard as soon as possible. Follow the directions as listed below. Any questions please let me know. As a requirement of your position you are required to fulfill certain web-based training sessions. Please follow the instructions below to fulfill each of the training requirements. Please complete this training within the first 30 days following your appointment. Checklist: ☒CA Local Agency Ethics (AB1234) Ethics Training (Every Two Years) – TargetSolutions ☒Anti-Harassment Training– TargetSolutions To access the training sessions, please follow the instructions below. Some of the trainings will require you to disable your pop-up blocker. If this is necessary and you need assistance please let me know. Page 139 of 239 ·Go to: http://app.targetsolutions.com/nationalcity ·Your login is your email address ·Your temporary password is nationalcity ·When you log in, you will be prompted to change your password ·Once you are on the Target Solutions website, the required training sessions will appear in the middle of the screen. Click on it and you are ready to begin. Thank you again for your service. Shelley Chapel, MMC City Clerk City Manager's OfficeCity of National City 1243 National City Blvd., National City, CA 91950 T: 619.336.4225 ❘ schapel@nationalcityca.govWebsite ❘ Facebook ❘ Instagram ❘ Twitter ❘ LinkedIn Page 140 of 239 From: Shelley Chapel Sent: Thursday, July 6, 2023 7:35 AM To: PRSCAC Ignacio Navarro Jr. < Cc: Joyce Ryan <jryan@nationalcityca.gov>; Victor Acosta <vacosta@nationalcityca.gov>; Tonya Hussain <thussain@nationalcityca.gov> Subject: Member Required Training - Past Due Training Requirement is OVERDUE – Please complete at once. Good morning BCC Member, If you are receiving this email, it is because you have one or more required trainings that are past due. Please log in to the Targetsolutions website and complete any trainings that appear on your dashboard as soon as possible. Follow the directions as listed below. Any questions please let me know. As a requirement of your position you are required to fulfill certain web-based training sessions. Please follow the instructions below to fulfill each of the training requirements. Please complete this training immediately. You may require one or both of the classes below. When you log into Targetsolutions the required classes will be listed on your dashboard. Checklist: ☒CA Local Agency Ethics (AB1234) Ethics Training (Every Two Years) – TargetSolutions☒Anti-Harassment Training– TargetSolutions To access the training sessions, please follow the instructions below. Some of the trainings will require you to disable your pop-up blocker. If this is necessary and you need assistance please let me know. · Go to: http://app.targetsolutions.com/nationalcity Page 141 of 239 ·Your login is your email address ·Your temporary password is nationalcity ·When you log in, you will be prompted to change your password ·Once you are on the Target Solutions website, the required training sessions will appear in the middle of the screen. Click on it and you are ready to begin. Again as a reminder this is a requirement of your position and it is the responsibility of the City Clerk to report semi-annually all absences and training delinquencies to the City Council. This may cause removal from your appointed position, so please complete as soon as possible. Thank you again for your service. Forward a copy of your training certificate to me please once completed. Shelley Chapel, MMC City Clerk City Manager's Office City of National City 1243 National City Blvd., National City, CA 91950 T: 619.336.4225 ❘ schapel@nationalcityca.govWebsite ❘ Facebook ❘ Instagram ❘ Twitter ❘ LinkedIn Page 142 of 239 From: Shelley Chapel Sent: Monday, July 17, 2023 9:02 AM To: PRSCAC Florfina Arce >; CSC Leslie Coyote >; ; PRSCAC Ignacio Navarro Jr. ; CSC Paul Wapnowski ; ; Zachary Gomez Cc: Molly Brennan <mbrennan@nationalcityca.gov>; Joyce Ryan <jryan@nationalcityca.gov>; Joanne McGhee <jmcghee@nationalcityca.gov>; Sarah Esendencia <sesendencia@nationalcityca.gov> Subject: BCC - Training Requirements - Delinquent Good morning BCC members, This email is to notify you of a training requirement as a Board/Commission/Committee (BCC) Member for the City of National City. Each BCC member is required to take the following trainings either on an annual or bi-annual basis depending on the training. You will be notified by the training system (Targetsolutions/Vectorsolutions) via email. 1.CA Local Agency Ethics (AB1234) 2. Anti-Harassment Training Once you are notified, you have 30 days to complete the required training. If you are receiving this email, you have exceeded that 30 days and are now delinquent and must complete your training immediately. Please log into your account by following the instruction below. To access the training sessions, please follow the instructions below. Some of the trainings will require you to disable your pop-up blocker. If this is necessary and you need assistance please let me know. · Go to: http://app.targetsolutions.com/nationalcity Page 143 of 239 ·Your login is your email address ·Your temporary password is nationalcity ·When you log in, you will be prompted to change your password ·Once you are on the Target Solutions website, the required training sessions will appear in the middle of the screen. Click on it and you are ready to begin. Once training is complete, please email a copy of your certificate of completion to the City Clerk. (Instructions are attached on how to send a PDF of a document) The City Council is notified of any delinquent trainings in a quarterly report, the next report will be presented to the City Council in August and I would rather not have to include any of your names on the report. J Please complete these trainings asap and let us know if we can assist in any way. Your BCC Lead is also available to assist with this process. Shelley Chapel, MMC City Clerk City Manager's Office City of National City 1243 National City Blvd., National City, CA 91950 T: 619.336.4225 ❘ schapel@nationalcityca.gov Website ❘ Facebook ❘ Instagram ❘ Twitter ❘ LinkedIn Page 144 of 239 Page 145 of 239 Page 146 of 239 Page 147 of 239 Page 148 of 239 Page 149 of 239 Page 150 of 239 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 Page 151 of 239 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 4. Planning Commission 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 152 of 239 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 153 of 239 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 154 of 239 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 155 of 239 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 156 of 239 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 157 of 239 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 158 of 239 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for Beer and Wine Sales at Villa Manila Restaurant Located at 600 East 8th Street. RECOMMENDATION: Approval of the Sale of On-Site Beer and Wine with Live Entertainment, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Sale of Beer and Wine and Live Entertainment is a Conditionally-Allowed Use in the Major Mixed-Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Planning Commission held a public hearing on Monday, May 20, 2024. The staff recommendation was that the CUP be approved. EXPLANATION: Executive Summary The operators of Villa Manila restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer beer and wine sales. The restaurant would also offer indoor live entertainment for weddings, graduations, baptisms, and other celebrations hosted at the restaurant. The hours of operation as proposed by the applicant are Tuesday to Friday from 3:30 p.m. to 9:00 p.m. and Saturdays and Sundays from 11:00 a.m. to 9:00 p.m. Site Characteristics Villa Manila is an existing restaurant located in the Old Schoolhouse Square shopping center. The restaurant is 3,493 square feet in size, with 1,404 square feet (41%) dedicated to dining area. There is a small stage in the northeast corner of the restaurant. The dining room has 63 seats. The property is located in census tract 118.01, which covers the area between E. 8th Street and Division Street, as well as National City Boulevard and Highland Avenue. The area includes a range of commercial uses that offer live entertainment and alcoholic beverages at various times. Market on 8th, McDini's, Grill House at Big Ben Market, and Public Square Coffee House are the most recent establishments to have CUPs approved for alcohol and live entertainment. The restaurant is located in the northwest corner of the property on the corner of East 8th Street and Page 159 of 239 ‘E’ Avenue. The building is separate from the rest of the shopping center. No residential uses are adjacent to the restaurant. Proposed Use The business is proposing to sell beer and wine on site (ABC Type 41) in conjunction with food sales in the restaurant. Live entertainment will be limited to a DJ or Master of Ceremonies in conjunction with privately-catered events, as described above. All live entertainment would occur within the building and would end no later than 9 p.m. on days the restaurant is open (the restaurant is closed on Mondays). Analysis Section 18.30.050 of the Land Use Code allows for on-site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city. Hours of Operation for Alcohol Sales Most recent CUP’s for on-site alcohol consumption have varying hours of operation. The Planning Commission recommended that Market on 8th be approved for the sale of alcoholic beverages for on-site consumption from 6:00 a.m. to 12:00 a.m. daily. McDini's, located west on East 8th Street, sells beer, wine, and distilled spirits (Type 47) until 2:00 a.m. daily. Grill House at Big Ben, located on the corner of E. 8th Street and 'A' Avenue, sells alcohol until 10:00 p.m. every day. The proposed hours are significantly less intensive. Conditions of approval for alcohol sales reflect what the applicant has requested (Tuesday to Friday from 3:30 p.m. to 9:00 p.m. and Saturdays and Sundays from 11:00 a.m. to 9:00 p.m.). Live Entertainment The applicant is also proposing live entertainment indoors during the same time as the restaurant is open (Tuesday to Friday from 3:30 p.m. to 9:00 p.m. and Saturdays and Sundays from 11:00 a.m. to 9:00 p.m.). Public Square Coffee Market on 8th is the most recent CUP to include live entertainment, with hours of operation ending as late as 11:30 p.m. on weekends. The proposed hours are significantly less extensive. Conditions of approval for alcohol sales reflect what the applicant has requested (Tuesday to Friday from 3:30 p.m. to 9:00 p.m. and Saturdays and Sundays from 11:00 a.m. to 9:00 p.m.). Mailing All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications. Notice of this public hearing was sent to 595 occupants and owners. Comments The Planning Division received one public comment for this item in opposition to live entertainment outdoors. The applicant has only requested indoor live entertainment. Page 160 of 239 Community Meeting Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Friday, March 1, 2024 at 5:00 p.m. at the restaurant. The meeting advertisement is attached (Attachment 3). Based on the attached sign-in sheet, eight community members attended the meeting. Alcohol Sales Concentration/Location According to the California Department of Alcoholic Beverage Control (ABC), there are currently 16 on-site licenses in census tract 117, where a maximum of ten are recommended. However, of those 16, two are catering licenses and one is a VFW hall. The census tract is considered over concentrated with on-site alcohol sales outlets by ABC. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 13 points, which places it in the Medium Risk category (Medium Risk is considered 13 to 18 points). The risk assessment is included as Attachment 6. Institute for Public Strategies (IPS) Comments were received from IPS with the following considerations: 1. Recommend in-person Responsible Beverage Sales and Service (RBSS) training for all staff. These are standard conditions of approval and are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. Conditions of Approval Standard Conditions of Approval have been included with this permit as well as conditions specific to on-site alcohol sales and live entertainment per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.). Summary The proposed use is consistent with the General Plan due to alcohol sales for on-site consumption being a conditionally-allowed use in the Major Mixed-Use Corridor zone. The proposed use in a commercial area would be incidental to the restaurant use. The restaurant will also include live entertainment as an accessory use. The census tract where the restaurant is located has an over concentration of on-site alcohol licenses. However, beer and wine will only be offered inside the building with the purchase of food and the Police Department has classified the establishment as Medium Risk. Options 1. File the Notice of Decision; or, 2. Hold the item for a public hearing. Page 161 of 239 FINANCIAL STATEMENT: An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption (Existing Facilities) CCR 15301. This project qualifies for a Notice of Exemption. 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 – Planning Commission Staff Report with attachments Exhibit B – Planning Commission PowerPoint slides May 20, 2024 Page 162 of 239 Item no. 4 May 20, 2024 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING – DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (VILLA MANILA) LOCATED AT 500 EAST 8TH STREET. Case File No.: 2024-02 CUP Location: 500 East 8th Street Assessor’s Parcel Nos.: 556-492-23 Staff report by: Martin Reeder, Asst. Director of Community Development Applicant: James Camanyag Zoning designation: Major Mixed-Use District (MXC-2) Adjacent use and zoning: North: Commercial & Church across East 8th Street / MXC-2 East: Commercial center with residential beyond / MXC-2 South: Central Elementary School / Institutional (I) West: Commercial center across ‘E’ Avenue / MXC-2 Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) Staff recommendation: Approve Page 163 of 239 Planning Commission Meeting of May 20, 2024 Page 1 Staff Recommendation Staff recommends approval of the sale of on-site beer and wine with live entertainment, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of beer and wine and live entertainment is a conditionally-allowed use in the Major Mixed-Use Corridor zone and would be accessory to food sales at the restaurant. Executive Summary The operators of Villa Manila restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer beer and wine sales. The restaurant would also offer indoor live entertainment for weddings, graduations, baptisms, and other celebrations hosted at the restaurant. The hours of operation as proposed by the applicant are Tuesday to Friday from 3:30 p.m. to 9 p.m. and Saturdays and Sundays from 11 a.m. to 9 p.m. Site Characteristics Villa Manila is an existing restaurant located in the Old Schoolhouse Square shopping center. The restaurant is 3,493 square feet in size, with 1,404 square feet (41%) dedicated to dining area. There is a small stage in the northeast corner of the restaurant. The dining room has 63 seats. The property is located in census tract 118.01, which covers the area between E. 8th Street and Division Street, as well as National City Boulevard and Highland Avenue. The area includes a range of commercial uses that offer live entertainment and alcoholic beverages at various times. Market on 8th, McDini's, Grill House at Big Ben Market, and Public Square Coffee House are the most recent establishments to have CUPs approved for alcohol and live entertainment. The restaurant is located in the northwest corner of the property on the corner of East 8th Street and ‘E’ Avenue. The building is separate from the rest of the shopping center. No residential uses are adjacent to the restaurant. Proposed Use The business is proposing to sell beer and wine on site (ABC Type 41) in conjunction with food sales in the restaurant. Live entertainment will be limited to a DJ or Master of Ceremonies in conjunction with privately-catered events, as described above. All live entertainment would occur within the building and would end no later than 9 p.m. on days the restaurant is open (the restaurant is closed on Mondays). Page 164 of 239 Planning Commission Meeting of May 20, 2024 Page 2 Analysis Section 18.30.050 of the Land Use Code allows for on-site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city. Hours of Operation for Alcohol Sales Most recent CUP’s for on-site alcohol consumption have varying hours of operation. The Planning Commission recommended that Market on 8th be approved for the sale of alcoholic beverages for on site consumption from 6:00 a.m. to 12:00 a.m. daily. McDini's, located west on East 8th Street, sells beer, wine, and distilled spirits (Type 47) until 2:00 a.m. daily. Grill House at Big Ben, located on the corner of E. 8th Street and 'A' Avenue, sells alcohol until 10 p.m. every day. The proposed hours are significantly less intensive. Conditions of approval for alcohol sales reflect what the applicant has requested (Tuesday to Friday from 3:30 p.m. to 9 p.m. and Saturdays and Sundays from 11 a.m. to 9 p.m.). Live Entertainment The applicant is also proposing live entertainment indoors during the same time as the restaurant is open (Tuesday to Friday from 3:30 p.m. to 9 p.m. and Saturdays and Sundays from 11 a.m. to 9 p.m.). Public Square Coffee Market on 8th is the most recent CUP to include live entertainment, with hours of operation ending as late as 11:30 p.m. on weekends. The proposed hours are significantly less extensive. Conditions of approval for alcohol sales reflect what the applicant has requested (Tuesday to Friday from 3:30 p.m. to 9 p.m. and Saturdays and Sundays from 11 a.m. to 9 p.m.). Mailing All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications. Notice of this public hearing was sent to 595 occupants and owners. Page 165 of 239 Planning Commission Meeting of May 20, 2024 Page 3 Comments The Planning Division received one public comment for this item in opposition to live entertainment outdoors. The applicant has only requested indoor live entertainment. Community Meeting Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Friday, March 1, 2024 at 5 p.m. at the restaurant. The meeting advertisement is attached (Attachment 3). Based on the attached sign-in sheet, eight community members attended the meeting. Alcohol Sales Concentration/Location According to the California Department of Alcoholic Beverage Control (ABC), there are currently 16 on-site licenses in census tract 117, where a maximum of ten are recommended. However, of those 16, two are catering licenses and one is a VFW hall. The census tract is considered over concentrated with on-site alcohol sales outlets by ABC. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 13 points, which places it in the Medium Risk category (Medium Risk is considered 13 to 18 points). The risk assessment is included as Attachment 6. Institute for Public Strategies (IPS) Comments were received from IPS with the following considerations: 1.Recommend in-person Responsible Beverage Sales and Service (RBSS) training for all staff. These are standard conditions of approval and are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. Findings for Approval The following are the required findings in the attached draft resolution: 1.Allowable Use: Alcohol sales and live entertainment are allowable within the Major Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, Page 166 of 239 Planning Commission Meeting of May 20, 2024 Page 4 as discussed in the staff report. It is incidental to the existing restaurant use in a commercial area. 2.General Plan Consistency: Alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant with alcohol sales is consistent with the Major Mixed-Use Corridor zone land use designation contained in the Land Use Code and Community Character element of the General Plan. 3.Compatibility, LUC, and Traffic: No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed uses would be incidental to the primary use of food service. 4.No Nuisance: The proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses. 5.California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in the Major Mixed-Use Corridor zone. 6.Public Convenience and Necessity: The restaurant, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol. By providing for a wider diversity of businesses that add charm to the downtown core. Live entertainment will also improve the experience for restaurant patrons. Page 167 of 239 Planning Commission Meeting of May 20, 2024 Page 5 Findings for Denial The following are findings for denial due to nearby businesses that sell beer and wine together with live entertainment: 1.The proposed use is not deemed essential to the public necessity, as there are already thirteen restaurants in the same census tract that serve alcohol, including nearby on East 8th Street (Market on 8th, Grill House at Big Ben, Public Square Coffee House) that offer live entertainment. 2.Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for on-site sales of alcoholic beverages pursuant to law. Conditions of Approval Standard Conditions of Approval have been included with this permit as well as conditions specific to on-site alcohol sales and live entertainment per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.). Summary The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption being a conditionally-allowed use in the Major Mixed-Use Corridor zone. The proposed use in a commercial area would be incidental to the restaurant use. The restaurant will also include live entertainment as an accessory use. The census tract where the restaurant is located has an over concentration of on site alcohol licenses. However, beer and wine will only be offered inside the building with the purchase of food and the Police Department has classified the establishment as Medium Risk. Options 1.Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2024.02 CUP subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or, 2.Find the project not exempt from CEQA and/or deny 2024.02 CUP based on the attached findings, or findings to be determined by the Planning Commission; or, 3.Continue the item to a specific date in order to obtain additional information. Page 168 of 239 Planning Commission Meeting of May 20, 2024 Page 6 Attachments 1.Draft Resolutions 2.Overhead 3.Applicant's Plans (Exhibit A, Case File No. 2024.02 CUP, dated 3/20/2024) 4.Public Hearing Notice (Sent to 595 property owners & occupants) 5.Census Tract & Police Beat Maps 6.Police Department Comments 7.IPS Comments 8.Community Meeting Information 9.Public Comment Page 169 of 239 ATTACHMENT 1 RESOLUTION NO. 2024-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND APPROVING A CONDITIONAL USE PERMIT FOR BEER AND W INE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (VILLA MANILA) LOCATED AT 500 EAST 8TH STREET CASE FILE NO. 2024-02 CUP APN: 556-492-23 W HEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (Villa Manila) located at 500 East 8th Street. At a duly advertised public hearing held on May 20, 2024, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2024-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 20, 2024, support the following findings: 1.The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. Because Alcohol sales and live entertainment are allowable within the Major Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the existing restaurant use in a commercial area. 2.The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits alcohol sales and live Page 170 of 239 entertainment, subject to a CUP, which is consistent with the General Plan. In addition, a restaurant with alcohol sales is consistent with the Major Mixed-Use Corridor zone land use designation contained in the Land Use Code and Community Character element of the General Plan. 3.The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. 4.The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because no expansion of the building is proposed. The proposed uses would be incidental to the primary use of food service. 5.Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live performances will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses. 6.The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building and the use is similar to other commercial uses in the area, which are permitted in the Major Mixed-Use Corridor zone. 7.The proposed use is deemed essential and desirable to the public convenience or necessity, because the restaurant, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol. By providing for a wider diversity of businesses that add charm to the downtown core. Live entertainment will also improve the experience for restaurant patrons. Page 171 of 239 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for a quality restaurant experience. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1.This Conditional Use Permit authorizes the sale of beer and wine for on-site consumption and live entertainment at an existing restaurant (Villa Manila) located at 500 East 8th Street. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024.02 CUP, dated 3/20/2024. 2.Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 3.This permit shall become null and void at such time as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property. 4.This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 5.This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6.This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law. Page 172 of 239 Planning 7. No alcohol sales and consumption practices shall be permitted until the applicant has been issued a Type 41 license from the California Department of Alcoholic Beverage Control. 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 9. The sale of alcoholic beverages and live entertainment shall only be permitted between the hours of 3:30 p.m. and 9:00 p.m. Tuesday through Friday and 11:00 a.m. and 9:00 p.m. Saturdays and Sundays. 10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 11. Alcohol shall be available only in conjunction with the purchase of food. 12. The sale of alcoholic beverages for off-site consumption is not permitted at this location. 13. Permittee shall post signs at all exits to outdoor areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken off- premises. 14. Live entertainment shall be conducted as an accessory use to the restaurant for the enjoyment of its customers. No advertisement promoting a particular performer or event shall be distributed outside the café. 15. All entry and exit doors, including windows, shall remain closed during inside live entertainment activities. 16. All activities shall comply with the noise limits contained in Table III of Title 12 of the National City Municipal Code. 17. The occupancy of the building, inclusive of patrons, staff, and entertainers, shall not exceed the occupancy load determined by the Building Division. Page 173 of 239 18. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Police 19. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 20, 2024, by the following vote: AYES: Page 174 of 239 NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 175 of 239 RESOLUTION NO. 2024-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DENYING A CONDITIONAL USE PERMIT FOR BEER AND W INE SALES AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (VILLA MANILA) LOCATED AT 500 EAST 8TH STREET CASE FILE NO. 2024-02 CUP APN: 556-492-23 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (Villa Manila) located at 500 East 8th Street. At a duly advertised public hearing held on May 6, 2024, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2024-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 6, 2024, support the following findings: 1.The proposed use is not deemed essential to the public necessity, as there are already thirteen restaurants in the same census tract that serve alcohol, including nearby on East 8th Street (Market on 8th, Grill House at Big Ben, Public Square Coffee House) that offer live entertainment. 2.Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for on-site sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. Page 176 of 239 BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 6, 2024, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 177 of 239 Page 178 of 239 Page 179 of 239 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE (TYPE-41) WITH LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (VILLA MANILA), LOCATED AT 500 EAST 8TH STREET. CASE FILE NO.: 2024-02 CUP APN: 556-492-23 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 20, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: James Camanyag) The business is proposing to sell beer and wine on site (ABC Type 41) in conjunction with food sales in the restaurant. Live entertainment will be limited to a DJ or Master of Ceremonies in conjunction with privately-catered events. The Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities). Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 2:00 p.m., May 20, 2024 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ATTACHMENT 4Page 180 of 239 Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©OpenStreetMap contributors, and the GIS User Community CensusTracts 2010 August 25, 2014 0 0.75 1.50.375 mi 0 1 20.5 km 1:45,467 ATTACHMENT 5 Page 181 of 239 City of National City Beat 20 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 182 of 239 Notes: NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: BUSINESS NAME: ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: I.Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1pt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V.Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 1 of 2 ATTACHMENT 6 03-28-24 Villa Manila 500 E. 8th Street, National City, CA 91950 Nancy Mendoza 11-02-1949 - Currently, there are (4) off sale licenses authorized in tract 117 - Currently, there are (10) on sale licenses authorized in tract 117 - Currently, there are (10) active on sale licenses in tract 117 - Currently, there are (11) active off sale licenses in tract 117 4 4 4 4 4 Page 183 of 239 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Badge ID: Revised: 8/16 2 of 2 Low Risk ( 12pts or less) Medium Risk (13 – 18pts) High Risk (19 – 24pts) Total Points 13 Xavier Josef Mendoza 01/18/1981 Maria Camanyag 04/04/1983 This business assessed at a medium risk but I believe the business should assess at a low risk based on the crime rate and calls for service at the location and the surrounding area are mostly transient related in nature. J. Camacho 449 4 4 4 Page 184 of 239 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117  San Diego, California, 92108 Phone: 619.476-9100  Fax: 619.476-9104 www.publicstrategies.org Environmental Scan for Proposed Type 41 Alcohol CUP 500 E 8th Street, National City, CA 91950 Conducted: March 28, 2024 Photo of the proposed location. An environmental scan was conducted on Thursday, March 28, 2024 for a proposed Type 41 on-sale alcohol license at 500 E 8th Street. The proposed location is within the Old Schoolhouse Square shopping center. ATTACHMENT 7 Page 185 of 239 During a scan of the business and premises, the following was noted: •The business is located in a Major Mixed-Use Corridor. •The location has multiple transportation options including traditional car infrastructure, parking lot, bus stops and sidewalks where pedestrians were observed. •There are several restaurants in close proximately to the proposed location, including a Vietnamese and Chinese Noodle House, Zarlito’s Filipino Restaurant and a Filipino Bakery and Café. Youth Sensitive Areas Central Elementary School (approximately 450 feet away) Universal Preschool (approximately 400 feet away) Churches St. Matthew’s Episcopal (250 feet away) Iglesia La Luz (350 feet away) International Bible Baptist (600 feet away) Outlet Density According to the ABC, ten (10) on-sale licenses are authorized for Census Tract #117, which is the census tract where 500 East 8th St., National City, is located. There are already 16 on-sale licenses for this census tract according to ABC records – exceeding ABC recommendations by 60%. Map is included below. Census Tracts On-Sale Census Tract 117 Establishment is within this tract Allowed: 10 Currently there are: 16 This census tract is 60% overconcentrated per ABC guidelines Page 186 of 239 Page 187 of 239 Crime Rate A request for this information from personnel within the City of National City Police Department, may result in obtaining the crime rate for this location. Considerations The following are considerations if a CUP is issued: 1. Require that staff, management, and owner attend an in-person Responsible Beverage Sales and Service training. Below is the Alcohol Beverage Control website for future trainings. https://www.abc.ca.gov/education/rbs/ 2. This training will be especially important due to the graduations, baptisms and other youth-friendly family celebrations expected to take place at this location. Page 188 of 239 James Camanyag 500 E 8th St National City CA 91950 02/20/2024 Dear Fellow Resident/Business Owner, May this letter find you in good health and high spirit. In our continuous commitment to enhancing the dining experience at Villa Manila, a cherished eatery serving family-style Filipino cuisine to the community for over 20 years, we are actively pursuing a Conditional Use Permit for a beer and wine license. This permit will pave the way for the introduction of beer and wine service, adding another layer of richness to our renowned communal Kamayan dining experience and our Filipino Cuisine. This development is designed not only to fulfill our valued patrons’ clamor for these items but also provide our guests with an even more diverse and enjoyable culinary journey. We believe that the inclusion of beer and wine will elevate the overall dining experience at Villa Manila, fostering a warm and inviting ambiance for our cherished patrons. Understanding the significance of being considerate and respectful to the local community, we want to emphasize our unwavering commitment to operating in strict compliance with all alcohol regulations, protocols, including those related to noise, security measures, and adherence to state and local guidelines. The community's well-being remains our top priority. We are reaching out to invite you to join us at our Community Hearing at Villa Manila Restaurant on Friday March 1, 2024 at 5:00pm. This will provide an opportunity to discuss our plans thoroughly, address any concerns, and ensure that the community's voice is heard. Thank you for your time, and we are genuinely excited about the possibility of enhancing the dining experience for our community. Your support is invaluable, and we are committed to maintaining open communication throughout this process. Warm regards, James Camanyag Marketing/Consulting Director Villa Manila Restaurant ATTACHMENT 8 Page 189 of 239 ATTACHMENT 9 From: Dennis Hunt <> Sent: Friday, April 26, 2024 2:13 PM To: Planning Commission <PLCPUBcomment@nationalcityca.gov> Subject: CASE FILE No 2024-02 CUP RE: 500 East 8th Street Permit for Alcohol and for Live Entertainment CAUTION: This email originated from outside your organiza�on. Exercise cau�on when opening atachments or clicking links, especially from unknown senders. We live a few blocks from this establishment at parcel 5563510400. I am fine with Beer and Wine, but I AM AGAINST ANY KIND OF OUTDOOR LIVE ENTERTAINMENT OR DJ INCLUDING MUSIC PLAYING THROUGH OUTDOOR SPEAKERS. This business can cater at the park or rent a hall somewhere that won’t disturb residents. We request that no amplified outdoor entertainment of any kind be allowed anywhere within earshot. We are an older family, living among many other older families, and peace and quiet is essen�al to comfortable living. Respec�ully, Dennis Hunt and family Page 190 of 239 5/13/2024 1 Public Hearing CONDITIONAL USE PERMIT FOR ALCOHOL SALES AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (VILLA MANILA) LOCATED AT 500 EAST 8TH STREET 2024-02 CUP Overhead Page 191 of 239 5/13/2024 2 Site Characteristics Westfield Plaza Bonita Southeast corner of National City MXD-2 zone 71-acre property 24 acres of building area 4,400 parking spaces Currently seven restaurants with CUPs for on-site alcohol sales Previous Planning Commission denial of a CUP for on-site alcohol sales (Manna Heaven BBQ) currently in the appeal process New entertainment center to be located in a 58,213 ft² suite in Westfield Plaza Bonita Suite occupies former John’s Incredible Pizza and adjacent interior space (+/- 14,000 ft² ) John’s approved for CUP for alcohol sales previously – discontinued in 2021 Proposal The business proposes to sell beer, wine, and distilled spirits (ABC Type 47) in conjunction with food sales Proposed hours of operation are from 10:00 a.m. to 2:00 a.m. daily. Staff suggesting until midnight Live entertainment in the form of karaoke within private party rooms is also proposed 4 party rooms (25-30 seats) 133-seat dining room 5-lane bowling alley Open game area Page 192 of 239 5/13/2024 3 Floor Plan Analysis NCMC 18.30.050 allows for on-site alcohol sales and live entertainment with approved CUP Additional requirements for alcohol CUPs: Mailing – owners/occupants within 660 ft. (223) Community meeting – Held May 31, 2023 – no attendees Census Tract 32.04 – 10 on-sale licenses in this tract where four are recommended Distance requirements – No Institutional-zoned school within 660 ft. City council policy 707 Standard conditions Page 193 of 239 5/13/2024 4 Comments: Police Department (PD) Risk Assessment – 19points High risk – 19 to 24 points Assigns points based on type of business, license concentration, calls for service, etc. Applicant proposes measures to reduce concerns: RBSS training Dedicated manager & security personnel Age verification system / wristbands Age restriction after 10 p.m. Institute for Public Strategies (IPS) Age verification, sales hours, testing, occupancy analysis Conditions Standard Conditions of Approval Conditions specific to on-site alcohol sales per Council Policy 707 Hours of operation Employee training Accessory sales Application-specific conditions Karaoke in party rooms only Security system Operations plan Page 194 of 239 5/13/2024 5 Summary Proposed use is consistent with the General Plan Alcohol sales for on-site consumption are a conditionally-allowed use in MXD-2 zone Alcohol sales use would be accessory to the business in an established commercial area Inclusion of conditions consistent with policy 707 intended to alleviate concerns related to area impacts Options • Find project exempt from CEQA & approve 2023-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Find project not exempt from CEQA and/or deny 2023-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Continue the item for additional information • Staff recommending approval • Notice of Decision to City Council Page 195 of 239 5/13/2024 6 Floor Plan Page 196 of 239 AGENDA REPORT Department: Engineering and Public Works Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Project Close-Out and Notice of Completion for the Paradise Creek Mitigation Project at Kimball Way, CIP No. 19-35. RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Wright Construction Engineering Corp., for the Paradise Creek Mitigation Project at Kimball W ay, CIP No. 19-35; 2) Ratifying Change Order Work in the Amount of $64,218.07; 3) Approving the Final Contract Amount of $1,005,761.71; 4) Ratifying the Release of Retention in the Amount of $23,980.24; and 5) Authorizing the Mayor to Sign the Notice of Completion.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Paradise Creek Mitigation Project at Kimball Way repaired sections of Paradise Creek at Kimball Way, including removing existing concrete lining on the south creek bank, earthwork and regrading, and installing Articulated Concrete Blocks (ACB) and cutoff wall on the south creek bank. In addition, the project enhanced the drainage, including adding new bar screen gates at the outlet and inlet of existing reinforced concrete box storm drains, and rip rap. Other site improvements include installing a new retaining wall, concrete driveways, perimeter wrought iron fencing, and access gates to secure the area. On July 27, 2021, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 26, 2021, and July 28, 2021, the bid solicitation was advertised in local newspapers. On August 17, 2021, seven (7) bids were received by the 11:00 a.m. deadline. Wright Construction Engineering Corp. (Wright) was the apparent lowest bidder with a total bid amount of $818,733.60. Upon review of all documents submitted, Wright’s bid was deemed responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On September 7, 2021, City Council awarded the contract to Wright Construction Engineering Corp. in the amount not to exceed $818,733.60 and authorized a 15% contingency in the amount of $122,810.04 to address any unforeseen conditions that may arise. The Notice to Proceed with construction was issued on February 9, 2022. Construction started on February 14, 2022 and was completed on October 24, 2022. Page 197 of 239 After project completion and within the project’s 1-year contractual maintenance period, a failure of the ACB block developed on the south channel slope. After investigating the site with the project team, the City Engineer directed the contractor to repair the slope on a time and materials (T&M) basis in the interest in public safety. During repairs, the contractor discovered that the failure was attributable to an unknown pipe just below the slope excavation that ultimately created soil intrusion, resulting in the slope failure and causing the ACB block to settle. Total T&M costs for this work were $68,952.17. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders and line item adjustments increased the contract by $187,028.11, which exceeds the original authorized contingency amount by $64,218.07. This results in an 18.6% contract increase for a final contract balance of $1,005,761.71. Since time was of the essence in completing the repairs due to pending storms, the City Engineer authorized the work and is seeking ratification from City Council. Funding is available through the City’s Drainage Improvements CIP expenditure account. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by Wright Construction Engineering Corp. for the Paradise Creek Mitigation project at Kimball Way, CIP No. 19-35; 2) ratify change order work in the amount of $64,218.07; 3) approve the final contract balance of $1,005,761.71; 4) ratify the release of retention in the amount of $23,980.24; and 5) authorize the Mayor to sign the notice of completion, which will be filed with the San Diego County Recorder’s Office.” FINANCIAL STATEMENT: Of the final $1,005,761.71 cost of this project, $650,551.50 came from federal grant funds and $355,210.21 from monies in the General Fund capital improvement program designated for drainage improvements. 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. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Photos Exhibit B – Final Contract Balance Exhibit C – Notice of Completion Exhibit D – Resolution Page 198 of 239 Page 199 of 239 Page 200 of 239 FINAL CONTRACT BALANCE DATE: March 26, 2024 PROJECT: Paradise Creek Mitigation FY 22-23 CIP No. 19-35 TO: Wright Construction Engineering Corp. 2625 South Santa Fe Avenue San Marcos, CA 92069 ORIGINAL CONTRACT AMOUNT: $ 818,733.60 START DATE: February 14, 2022 COMPLETION DATE: October 24, 2022 ORIGINAL CONTRACT LENGTH: 90 Working Days EXTENTION OF WORK DAYS: 14 Working Days WORKING DAYS SUSPENDED: 71 Working Days TOTAL CONTRACT TIME: 175 Working Days FINAL CONTRACT AMOUNT: $ 1,005,761.71. DESCRIPTION: The Final Contract Balance reports final line-item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE-ITEM ADJUSTMENTS: Change Order #1 directed the contractor to change the bar screen connection plates from 1/4" to 1/2" plates with countersunk holes. An additional 1' in height was also be added to the triple box culvert (2x2x.250, 1-1/2x1-1/2x.250, W4x13). This Change Order total amount was $ 3,988.20 Change Order #2 directed the contractor to construct and install approximately 15' additional LF of 18" RCP and a 36"x36" concrete box. The concrete box included a MH device with locking lid to the finish elevation provided on the revised plans. This Change Order total amount was $ 16,800.00 Change Order #3 modified the original driveway design and directed the contractor to construct per revised plans. The modified design included additional grading and excavation, added a retaining wall/curb and additional approach modifications. This Change Order total amount was $ 16,360.00 Page 201 of 239 FINAL CONTRACT BALANCE Paradise Creek Mitigation Project, CIP 19-35 Change Order #4 directed the contractor to make minor field modifications to the concrete closure pours at the ACB, add a concrete depression at the back of the retaining wall and a 6" core to direct water flow. This Change Order total amount was $ 2,962.30 Change Order #5 directed the contractor to place additional shotcrete along the north slope of Paradise Creek. The additional shotcrete helped facilitate repairs to existing shotcrete and repair an area of shotcrete eroded from previous storms. This Change Order total amount was $ 40,068.00.00. Change Order #6 directed the contractor to place an additional 480 plants per the biologists recommendations. Due to the substantial increase in quantities the City negotiated a revised contract unit price. This Change Order total amount was $ 9,600.00. Change Order #7 directed the contractor to remove the ACB block from approx. Sta. 3+30 to Sta. 2+20, slurry fill an existing unknown pipe resulting in the slope failure, reconstruct the slope as needed and then reconstruct and replace the ACB in 4 block wide intervals with vertical concrete bands. This Change Order total amount was $ 68,952.17. All Change Orders listed above increased the total contract amount by $158,730.67. Line item adjustments per the attached FINAL BILLING STATEMENT resulted in an increase of $28,297.44. CONTRACT ADJUSTMENT: As a result of the above change orders and line-item adjustments, the contract price is adjusted as follows: 1. The contract price with change order and line items is adjusted to $1,005,761.71. 2. A retention in the amount of $ 23,980.24 was held until satisfactory completion of said project. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Wright Construction Engineering Corp. will not be entitled to damages or additional payment for delays as described in the 2021 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 202 of 239 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on October 24, 2022 of the: Paradise Creek Mitigation, CIP No.19-35 Work of improvement or portion of work of improvement under construction or alteration. Paradise Creek Mitigation Improvements north of Kimball Way National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Wright Construction Engineering Corp. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer, Equipment and Materials for storm channel improvements including grading, retaining wall installation, ACB, fencing, shotcrete, storm channel barriers, driveway access and landscape in the channel just north of Kimball Way approximately 400’.. General statement of kind of labor, services, equipment or materials The names and addresses of co-owners are: N/A Joint tenants, tenants in common, or other owners Dated: May 21, 2024; ______________________________________________ Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on May 21, 2024 at, National City, California. Signature: __________________________________ RON MORRISON, MAYOR Page 203 of 239 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) ACCEPTING THE WORK PERFORMED BY WRIGHT CONSTRUCTION ENGINEERING CORP. FOR THE PARADISE CREEK MITIGATION PROJECT AT KIMBALL WAY, CIP NO. 19-35; 2) RATIFYING CHANGE ORDER WORK IN THE AMOUNT OF $64,218.07; 3) APPROVING THE FINAL CONTRACT AMOUNT OF $1,005,761.71; 4) RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $23,980.24; AND 5) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION. WHEREAS, the Paradise Creek Mitigation Project at Kimball Way repaired sections of Paradise Creek at Kimball Way, including removing existing concrete lining on the south creek bank, earthwork and regrading, and installing articulated concrete blocks and cutoff wall on the south creek bank (the “Project”); and WHEREAS, in addition, the Project enhanced the drainage, including adding new bar screen gates at the outlet and inlet of existing reinforced concrete box storm drains, and rip rap, as well as other site improvements that included installing a new retaining wall, concrete driveways, perimeter wrought iron fencing, and access gates to secure the area; and WHEREAS, on September 7, 2021, City Council awarded the contract for the Project to Wright Construction Engineering Corp. (“Wright”) in the amount not to exceed $818,733.60 and authorized a 15% contingency in the amount of $122,810.04 to address any unforeseen conditions that may arise; and WHEREAS, on February 9, 2022, the Notice to Proceed with construction was issued to Wright; and WHEREAS, construction on the Project started on February 14, 2022 and was completed on October 24, 2022; and WHEREAS, after Project completion and within the Project’s 1-year contractual maintenance period, a failure of the adductor canal block (“ACB”) developed on the south channel slope; and WHEREAS, after investigating the site with the Project team, the City Engineer directed Wright to repair the slope on a time and materials (“T&M”) basis in the interest of public safety; and WHEREAS, during repairs, Wright discovered that the failure was attributable to an unknown pipe just below the slope excavation that ultimately created soil intrusion, resulting in the slope failure and causing the ACB to settle; and WHEREAS, total T&M costs for this work was $68,952.17; and WHEREAS, the total amount of change order work completed for the Project exceeds the original authorized 15% contingency amount by $64,218.07; and Page 204 of 239 WHEREAS, Project change orders and line-item adjustments increased the contract by $187,028.11, which results in an 18.6% increase to the original contract award, for a final contract balance of $1,005,761.71; and WHEREAS, the Notice of Completion will be filed with the San Diego County Recorder’s Office. 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 accepts the work performed by Wright Construction Engineering Corp. for the Paradise Creek Mitigation Project at Kimball Way, CIP No. 19-35. Section 2: That the City Council hereby ratifies change order work in the amount of $64,218.07. Section 3: That the City Council hereby approves the final contract amount of $1,005,761.71. Section 4: That the City Council hereby ratifies the release of retention in the amount of $23,980.24. Section 5: That the City Council hereby authorizes the Mayor to sign the Notice of Completion. Section 6: 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 21st day of May, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 205 of 239 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #39 for the period of 3/21/24 through 3/28/24 in the amount of $341,752.24. RECOMMENDATION: Ratify Warrants Totaling $341,752.24 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 3/21/24 – 3/28/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Only one payment was issued during this period due to the necessity to suspend accounts payable activity for the transition to the City’s new financial system. Vendor Check/Wire Amount Explanation PUBLIC EMP RET SYST 240328 $341,752.24 SERVICE PERIOD 3/5/24 - 3/18/24 FINANCIAL STATEMENT: Warrant total $341,752.24 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: Warrant Register No. 39 Page 206 of 239 PAYEE DESCRIPTION CHK NO DATE AMOUNT NO WARRANTS FOR THIS PERIOD A/P Total 0.00 WIRED PAYMENTS PUBLIC EMP RET SYSTEM SERVICE PERIOD 3/5/24 - 3/18/24 240328 3/28/2024 $341,752.24 SECTION 8 HAPS Srart Date End Date 3/22/2024 3/28/2024 0.00 GRAND TOTAL 341,752.24 WARRANT REGISTER # 39 3/28/2024 1/1Page 207 of 239 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #40 for the period of 3/29/24 through 4/4/24 in the amount of $2,789,960.62 RECOMMENDATION: Ratify Warrants Totaling $2,789,960.62 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 3/29/24 – 4/4/24. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation NO WARRANTS OVER $50,000 FOR THIS PERIOD The only payments issued for this period were for payroll and Section 8 due to the necessity to suspend accounts payable activity for the transition to the City’s new financial system. FINANCIAL STATEMENT: Warrant total $2,789,960.62 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: Warrant Register No. 40 Page 208 of 239 PAYEE DESCRIPTION CHK NO DATE AMOUNT NO WARRANTS FOR THIS PERIOD A/P Total 0.00 PAYROLL Pay period Start Date End Date Check Date 7 3/5/2024 3/18/2024 3/27/2024 1,381,133.37 SECTION 8 HAPS Start Date End Date 3/29/2024 4/4/2024 1,408,827.25 GRAND TOTAL 2,789,960.62 WARRANT REGISTER # 40 4/4/2024 1/1Page 209 of 239 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #41 for the period of 4/5/24 through 4/11/24 in the amount of $501,804.34 RECOMMENDATION: Ratify Warrants Totaling $501,804.34 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 4/5/24 – 4/11/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation SDG&E 368183 186,421.54 GAS AND ELECTRIC / FACILITIES KAISER HEALTH PLAN 368136 242,351.69 MAY 2024 - GROUP #104220 ADMINSURE INC 1924 121,624.68 WC REPLENISHMENT – MAR 2024 PUBLIC EMP RET SYSTEM 240411 347,061.28 SERVICE PERIOD 03/19/2024 - 04/01/2024 FINANCIAL STATEMENT: Warrant total $501,804.34 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: Warrant Register No. 41 Page 210 of 239 PAYEE DESCRIPTION CHK NO DATE AMOUNT Engineering / PW's HOME DEPOT CREDIT SERVICES BUILDING SUPPLIES FY24-PW/FACILITIES 368182 4/11/24 2,397.44 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 368184 4/11/24 274.74 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY24 368186 4/11/24 22,408.08 SDG&E GAS AND ELECTRIC / FACILITIES 368183 4/11/24 186,421.54 Total for Departm 211,501.80 Finance BAVENCOFF JR RETIREE HEALTH BENEFITS - APR 2024 368091 4/11/24 500.00 BEARD RETIREE HEALTH BENEFITS - APR 2024 368092 4/11/24 70.00 BEVERIDGE RETIREE HEALTH BENEFITS - APR 2024 368093 4/11/24 640.00 BISHOP RETIREE HEALTH BENEFITS - APR 2024 368094 4/11/24 110.00 BOEGLER RETIREE HEALTH BENEFITS - APR 2024 368095 4/11/24 260.00 BULL RETIREE HEALTH BENEFITS - APR 2024 368096 4/11/24 580.00 CAMEON RETIREE HEALTH BENEFITS - APR 2024 368099 4/11/24 400.00 CANEDO RETIREE HEALTH BENEFITS - APR 2024 368100 4/11/24 620.00 CASTELLANOS RETIREE HEALTH BENEFITS - APR 2024 368101 4/11/24 500.00 CESNAUSKAS ADVANCE DISABILITY PENSION / APRIL 2024 368102 4/11/24 4,472.29 CHELIUS RETIREE HEALTH BENEFITS - APR 2024 368103 4/11/24 460.00 COLE RETIREE HEALTH BENEFITS - APR 2024 368104 4/11/24 165.00 COLLINSON RETIREE HEALTH BENEFITS - APR 2024 368105 4/11/24 420.00 CONDON RETIREE HEALTH BENEFITS - APR 2024 368106 4/11/24 280.00 CORDERO RETIREE HEALTH BENEFITS - APR 2024 368107 4/11/24 520.00 DALLA RETIREE HEALTH BENEFITS - APR 2024 368108 4/11/24 900.00 DANESHFAR RETIREE HEALTH BENEFITS - APR 2024 368109 4/11/24 250.00 DEESE RETIREE HEALTH BENEFITS - APR 2024 368110 4/11/24 660.00 DESROCHERS RETIREE HEALTH BENEFITS - APR 2024 368111 4/11/24 110.00 DIAZ RETIREE HEALTH BENEFITS - APR 2024 368112 4/11/24 680.00 DREDGE RETIREE HEALTH BENEFITS - APR 2024 368113 4/11/24 250.00 DUONG RETIREE HEALTH BENEFITS - APR 2024 368114 4/11/24 280.00 EISER III RETIREE HEALTH BENEFITS - APR 2024 368115 4/11/24 250.00 ESPIRITU RETIREE HEALTH BENEFITS - APR 2024 368116 4/11/24 620.00 ETZLER RETIREE HEALTH BENEFITS - APR 2024 368117 4/11/24 460.00 FABINSKI RETIREE HEALTH BENEFITS - APR 2024 368118 4/11/24 220.00 FELIX RETIREE HEALTH BENEFITS - APR 2024 368119 4/11/24 400.00 FIFIELD RETIREE HEALTH BENEFITS - APR 2024 368120 4/11/24 540.00 GAUT RETIREE HEALTH BENEFITS - APR 2024 368121 4/11/24 700.00 GELSKEY RETIREE HEALTH BENEFITS - APR 2024 368122 4/11/24 115.00 GIBBS JR RETIREE HEALTH BENEFITS - APR 2024 368123 4/11/24 120.00 GONZALES RETIREE HEALTH BENEFITS - APR 2024 368124 4/11/24 480.00 HARLAN RETIREE HEALTH BENEFITS - APR 2024 368125 4/11/24 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - APR 2024 368127 4/11/24 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - APR 2024 368128 4/11/24 680.00 HERNANDEZ RETIREE HEALTH BENEFITS - APR 2024 368129 4/11/24 400.00 HODGES RETIREE HEALTH BENEFITS - APR 2024 368130 4/11/24 200.00 IBARRA RETIREE HEALTH BENEFITS - APR 2024 368131 4/11/24 780.00 WARRANT REGISTER # 41 4/11/2024 1/3Page 211 of 239 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 41 4/11/2024 JASMUND RETIREE HEALTH BENEFITS - APR 2024 368132 4/11/24 680.00 JONES RETIREE HEALTH BENEFITS - APR 2024 368133 4/11/24 60.00 JONES RETIREE HEALTH BENEFITS - APR 2024 368134 4/11/24 480.00 JUNIEL RETIREE HEALTH BENEFITS - APR 2024 368135 4/11/24 50.00 KIMBLE RETIREE HEALTH BENEFITS - APR 2024 368137 4/11/24 300.00 KLOS RETIREE HEALTH BENEFITS - APR 2024 368138 4/11/24 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - APR 2024 368139 4/11/24 660.00 LIMFUECO RETIREE HEALTH BENEFITS - APR 2024 368140 4/11/24 160.00 MATIENZO RETIREE HEALTH BENEFITS - APR 2024 368141 4/11/24 100.00 MCCABE RETIREE HEALTH BENEFITS - APR 2024 368142 4/11/24 280.00 MCDANIEL RETIREE HEALTH BENEFITS - APR 2024 368143 4/11/24 290.00 MEEKS RETIREE HEALTH BENEFITS - APR 2024 368144 4/11/24 460.00 MINER RETIREE HEALTH BENEFITS - APR 2024 368145 4/11/24 580.00 MUNOZ RETIREE HEALTH BENEFITS - APR 2024 368146 4/11/24 640.00 NAGLE RETIREE HEALTH BENEFITS - APR 2024 368147 4/11/24 460.00 NOTEWARE RETIREE HEALTH BENEFITS - APR 2024 368148 4/11/24 120.00 OLIVERIA RETIREE HEALTH BENEFITS - APR 2024 368149 4/11/24 360.00 PARRA RETIREE HEALTH BENEFITS - APR 2024 368150 4/11/24 400.00 PAUU JR RETIREE HEALTH BENEFITS - APR 2024 368151 4/11/24 340.00 PE RETIREE HEALTH BENEFITS - APR 2024 368152 4/11/24 300.00 PEASE JR RETIREE HEALTH BENEFITS - APR 2024 368153 4/11/24 140.00 POST RETIREE HEALTH BENEFITS - APR 2024 368154 4/11/24 280.00 RAY RETIREE HEALTH BENEFITS - APR 2024 368155 4/11/24 190.00 REDIKOP RETIREE HEALTH BENEFITS - APR 2024 368156 4/11/24 400.00 RIOS RETIREE HEALTH BENEFITS - APR 2024 368157 4/11/24 240.00 ROARK RETIREE HEALTH BENEFITS - APR 2024 368158 4/11/24 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - APR 2024 368159 4/11/24 260.00 ROUSTON RETIREE HEALTH BENEFITS - APR 2024 368160 4/11/24 660.00 RUIZ RETIREE HEALTH BENEFITS - APR 2024 368161 4/11/24 310.00 SAINZ RETIREE HEALTH BENEFITS - APR 2024 368162 4/11/24 300.00 SANCHEZ RETIREE HEALTH BENEFITS - APR 2024 368163 4/11/24 330.00 SERVATIUS RETIREE HEALTH BENEFITS - APR 2024 368165 4/11/24 340.00 SHEPHARD RETIREE HEALTH BENEFITS - APR 2024 368166 4/11/24 440.00 SHOEMAKER RETIREE HEALTH BENEFITS - APR 2024 368167 4/11/24 480.00 SILVA RETIREE HEALTH BENEFITS - APR 2024 368168 4/11/24 580.00 SMITH RETIREE HEALTH BENEFITS - APR 2024 368169 4/11/24 320.00 SMITH RETIREE HEALTH BENEFITS - APR 2024 368170 4/11/24 560.00 STANICH RETIREE HEALTH BENEFITS - APR 2024 368171 4/11/24 400.00 TELLEZ RETIREE HEALTH BENEFITS - APR 2024 368172 4/11/24 700.00 TIPTON RETIREE HEALTH BENEFITS - APR 2024 368173 4/11/24 250.00 UNGAB RETIREE HEALTH BENEFITS - APR 2024 368174 4/11/24 600.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - APR 2024 368175 4/11/24 480.00 VILLARIASA RETIREE HEALTH BENEFITS - APR 2024 368176 4/11/24 480.00 WHITE RETIREE HEALTH BENEFITS - APR 2024 368178 4/11/24 230.00 WILKINS RETIREE HEALTH BENEFITS - APR 2024 368179 4/11/24 520.00 YBARRA RETIREE HEALTH BENEFITS - APR 2024 368180 4/11/24 220.00 YOUNG RETIREE HEALTH BENEFITS - APR 2024 368181 4/11/24 560.00 2/3Page 212 of 239 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 41 4/11/2024 C A P F APRIL 2024 - FIRE LTD 368097 4/11/24 1,298.00 CALIFORNIA LAW ENFORCEMENT APRIL 2024 - PD LTD 368098 4/11/24 2,624.00 CESNAUSKAS ADVANCE DISABILITY PENSION / APRIL 2024 368102 4/11/24 4,472.29 HEALTH NET INC GRP #ZI454A - APRIL 2024 368126 4/11/24 11.21 KAISER FOUNDATION HEALTH PLAN MAY 2024 - GROUP #104220 368136 4/11/24 242,351.69 SASI DEBIT CARD CHARGES/TRUST ACCOUNTING / FIN 368164 4/11/24 91.00 VISION SERVICE PLAN APRIL 2024 - VISION SERIVICE PLAN (CA)368177 4/11/24 1,757.06 Total for Departm 290,302.54 A/P Total 501,804.34 WIRED PAYMENTS ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY24 MARCH- PW/FLEET 266298976 4/5/2024 $        46,829.44 ADMINSURE INC WORKER'S COMPENSATION REPLENISHMENT - MAR 1924 4/8/2024 $      121,624.68 U S BANK CREDIT CARD STATEMENT – MARCH 2024 731117 4/9/2024 $        21,683.61 SUPERIOR PRESS DEPOSIT SLIPS AND BAGS 604483 4/10/2024 $              361.34 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 03/19/2024 - 04/01/2024 240411 4/11/2024 $      347,061.28 GRAND TOTAL 501,804.34 3/3Page 213 of 239 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #42 for the period of 4/12/24 through 4/18/24 in the amount of $1,588,660.69 RECOMMENDATION: Ratify Warrants Totaling $1,588,660.69 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 4/12/24 – 4/18/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation NO WARRANTS OVER $50,000 FOR THIS PERIOD FINANCIAL STATEMENT: Warrant total $1,588,660.69 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: Warrant Register No. 42 Page 214 of 239 CHECK NO ACCOUNT VENDOR NAME DESCRIPTION AMOUNT MAYOR AND COUNCIL 369055 100-10-10-10400-7212-T'S & SIGNS INC JACKET FOR DITAS YAMANE $113.10 TOTAL: $113.10 CITY MANAGER'S OFFICE 369048 100-10-13-13100-7399-SMART & FINAL CITY MANAGER MATERIAL AND SUPPLIES $63.22 369050 100-10-13-13100-7399-STAPLES BUSINESS ADV CMO - MATERIAL & SUPPLIES $90.50 TOTAL: $153.72 HUMAN RESOURCES 369032 100-10-17-17100-7205-MANGANIELLO, STEPHEN RENEWAL OF CA TRAFFIC ENG. LICENSE $180.00 369027 100-10-17-17100-7217-G2SOLUTIONS, INC EMPLOPYEE FINGERPRINT TEST SUBMISSION MAR $3.00 TOTAL: $183.00 POLICE 369035 100-70-21-21100-7205-PALOMAR HEALTH SEXUAL ASSAULT EXAMS FOR FY24 $2,550.00 369026 100-70-21-21100-7259-FON JON PET CARE CENTER BOARD AND CARE FOR FY24~$155.00 369059 100-70-21-21100-7261-VCA EMERGENCY ANIMAL STRAY ANIMAL EMERGENCY VET CARE FOR FY24 $250.00 369059 100-70-21-21100-7261-VCA EMERGENCY ANIMAL STRAY ANIMAL EMERGENCY VET CARE FOR FY24 $250.00 369059 100-70-21-21100-7261-VCA EMERGENCY ANIMAL STRAY ANIMAL EMERGENCY VET CARE FOR FY24 $250.00 369057 100-70-21-21100-7299-THOMSON REUTERS INVESTIGATIVE SERVICE FOR DETECTIVES $691.95 369056 100-70-21-21100-7299-THE COUNSELING TEAM POA MEA PEER SUPPORT FOR FY24 $800.00 369013 100-70-21-21100-7299-CYRACOM INTERNATIONAL LANGUAGE LINE FOR DISPATCH FOR FY24 $126.75 369031 100-70-21-21100-7307-LASER SAVER INC MOP 45725/TONER/PD $97.82 369031 100-70-21-21100-7399-LASER SAVER INC MOP 45725/TONER/PD $48.88 369049 100-70-21-21100-7399-STAPLES BUSINESS ADV MOP 45704/SUPPLIES/PD $46.11 369051 100-70-21-21100-7399-STAPLES BUSINESS ADV MOP 45704/SUPPLIES/PD $64.15 TOTAL: $5,330.66 FIRE 369023 100-70-22-22100-7213-ESGIL LLC PLAN CHECKS FOR FIRE DEPT $2,997.60 369023 100-70-22-22100-7213-ESGIL LLC PLAN CHECKS FOR FIRE, FY23-24~$3,144.30 369003 100-70-22-22100-7226-AMEDEE, WALTER SDCFCA EMERGENCY MGT SECTION MEETING $16.75 369006 100-70-22-22100-7226-CAL FIRE COMMON PASS VEHICLE RESCUE TECH, PRC #T3097 $450.00 369030 100-70-22-22100-7226-JESSE JEROME FOURNIE FIRE GROUND SURVIVAL TRAINING, PRC #T3106 $2,780.00 369029 100-70-22-22100-7299-HAMLYN WILLIAMS INC NARDYEZDA ACOSTA-W/E 10 MAR 2024 (32522)$1,600.00 369029 100-70-22-22100-7299-HAMLYN WILLIAMS INC NARDYEZDA ACOSTA-W/E 17-MAR-2024 $400.00 369025 100-70-22-22100-7299-FIRSTWATCH STANDARD FIRSTWATCH TRIGGERS $12,780.00 369049 100-70-22-22100-7301-STAPLES BUSINESS ADV MOP #45704 FIRE ADMIN OFFICE SUPPLIES $119.63 369049 100-70-22-22100-7301-STAPLES BUSINESS ADV MOP#45704/FIRE STATION OFFICE SUPPLIES $60.74 369049 100-70-22-22100-7301-STAPLES BUSINESS ADV MOP#45704/FIRE STATION OFFICE SUPPLIES $468.59 369049 100-70-22-22100-7301-STAPLES BUSINESS ADV MOP #45704 / REFUND ITEM ALLI RUBBER BAND -$24.71 369042 100-70-22-22100-7303-PRUDENTIAL OVERALL MOP#45742 18X18 PURPLE SHOP TOWEL/FIRE $25.00 WARRANT REGISTER # 42 4/18/2024 1/5Page 215 of 239 369042 100-70-22-22100-7303-PRUDENTIAL OVERALL MOP#45742/JANITORIAL SUPPLIES $25.00 369004 100-70-22-22100-7399-BETTER CHOICE COSTUM NATURAL FIBER CHILDREN'S FIRE HAT FD $688.52 TOTAL: $25,531.42 PW - ENGINEERING 369009 100-80-31-31100-7299-CLEAN HARBORS ENVIRONM FOR HAZARDOUS WASTE FOR MARCH 2024 $1,015.36 369052 100-80-31-31100-7299-STATE WATER RESOURCE PERMIT FEE FOR NC BILLING PERIOD: 7/23-6/24 $2,509.00 369045 100-80-31-31300-7235-SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS $10,524.51 369045 100-80-31-31300-7235-SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS $651.63 369045 100-80-31-31300-7235-SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS $92.28 369045 100-80-31-31300-7235-SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS $11.45 TOTAL: $14,804.23 CSD 369047 100-86-42-42100-7311-SMART & FINAL MOP 45756 SR PRGM MORNING SOCIAL SUPPLIES $63.43 369047 100-86-42-42100-7311-SMART & FINAL MOP 45756 SUPPLIES / CSD $25.98 369047 100-86-42-42100-7311-SMART & FINAL MOP 45756 CASA YOUTH SNACKS/CSD $233.12 TOTAL: $322.53 NSD 369005 100-86-61-61100-7318-BOOT WORLD MOP 64096 BOOT WORLD $381.66 369061 100-86-61-61100-7329-VISTA PAINT MOP 68834 PAINT SUPPLIES $42.09 369049 420-86-61-61200-7301-STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES $39.28 369051 420-86-61-61200-7301-STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES $71.30 369051 420-86-61-61200-7301-STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES $50.61 TOTAL: $584.94 PW - PARKS 369005 105-86-31-31400-7318-BOOT WORLD MOP 64096 SAFETY BOOTS FY24-PW $391.46 369041 105-86-31-31400-7399-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/PARKS $6.14 369041 105-86-31-31400-7399-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/PARKS $29.35 369041 105-86-31-31400-7399-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/PARKS $41.96 TOTAL: $468.91 PW - STREETS 369042 109-80-31-31300-7318-PRUDENTIAL OVERALL WEARING APPAREL FY24-PW/STREETS $58.13 369042 109-80-31-31300-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/STREETS $103.23 369042 109-80-31-31300-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/STREETS $58.13 369042 109-80-31-31300-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/STREETS $103.23 369042 109-80-31-31300-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/STREETS $58.13 369042 109-80-31-31300-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/STREETS $120.44 369005 109-80-31-31300-7318-BOOT WORLD MOP 64096 SAFETY BOOTS FY24-PW $518.68 369028 109-80-31-31300-7337-GRAINGER MOP 65179 SEWER MAINTENANCE SUPPLIES FY24 $219.60 369028 109-80-31-31300-7337-GRAINGER MOP 65179 SEWER MAINTENANCE SUPPLIES FY24 $92.68 369046 109-80-31-31300-7337-SITEONE LANDSCAPE SUPPLY MOP 69277 STREET SUPPLIES FY24-PW/STREETS $336.31 369002 109-80-31-31300-7340-AIRGAS USA LLC MOP 45714 STREET SUPPLIES FY24-PW/STREETS $343.06 369054 109-80-31-31300-7346-T MAN TRAFFIC SUPPLY MOP 76666 STREET SIGN SUPPLIES FY24-PW/STREETS $478.50 TOTAL: $2,490.12 PW - SEWER 2/5Page 216 of 239 369053 125-85-31-31400-7236-SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER FY24 $26.09 369053 125-85-31-31400-7236-SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER FY24 $127.91 369042 125-85-31-31400-7318-PRUDENTIAL OVERALL LAUNDRY SERVICES- SEWER DIV FY24 $63.22 369042 125-85-31-31400-7318-PRUDENTIAL OVERALL LAUNDRY SERVICES- SEWER DIV FY24 $103.23 369042 125-85-31-31400-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES - WASTEWATER FY24 $58.13 369042 125-85-31-31400-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES - STREETS&WW FY24 $111.73 369041 125-85-31-31400-7337-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/SEWER $80.55 369024 125-85-31-31400-7399-FERGUSON ENTERPRISES MOP 45723 GENERAL SUPPLIES- STREETS FY24 $219.25 369041 125-85-31-31400-7399-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/SEWER $162.12 369041 125-85-31-31400-7399-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/SEWER $371.31 TOTAL: $1,323.54 NUTRITION 369001 166-86-42-42300-7299-AIR EXHAUST CORP CO KITCHEN EXHAUST CLEANING SERVICE $72.00 TOTAL: $72.00 PW - FACILITIES 369045 626-10-31-31500-7234-SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FACILITIES $179.34 369045 626-10-31-31500-7234-SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FACILITIES $4,555.87 369045 626-10-31-31500-7234-SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FACILITIES $3,323.46 369028 626-10-31-31500-7236-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $41.58 369028 626-10-31-31500-7236-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $174.61 369028 626-10-31-31500-7236-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $118.20 369028 626-10-31-31500-7236-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $76.29 369007 626-10-31-31500-7236-CALIFORNIA ELECTRIC MOP 45698 ELECTRIC SUPPLIES FY24-PW/FACILITIES $110.47 369041 626-10-31-31500-7236-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $47.52 369063 626-10-31-31500-7288-WILLY'S ELECTRONIC MOP 45763 ELECTRIC SUPPLIES FY24-PW/FACILITIES $10.76 369063 626-10-31-31500-7288-WILLY'S ELECTRONIC MOP 45763 ELECTRIC SUPPLIES FY24-PW/FACILITIES $124.19 369063 626-10-31-31500-7288-WILLY'S ELECTRONIC MOP 45763 ELECTRIC SUPPLIES FY24-PW/FACILITIES $19.64 369024 626-10-31-31500-7288-FERGUSON ENTERPRISES MOP 45723 BUILDING SUPPLIES FY24-PW/FACILITIES $321.72 369024 626-10-31-31500-7288-FERGUSON ENTERPRISES MOP 45723 BUILDING SUPPLIES FY24-PW/FACILITIES $409.45 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $51.78 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $8.35 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $152.87 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $76.29 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $49.40 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $365.06 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $998.93 369028 626-10-31-31500-7288-GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACILITIES $55.84 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $260.80 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $393.84 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $51.60 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $14.67 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $436.07 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $165.26 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $77.85 3/5Page 217 of 239 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $96.83 369041 626-10-31-31500-7288-PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACILITIES $32.53 TOTAL: $12,801.07 RISK 369008 627-10-15-15600-7213-CLAIMS MANAGEMENT AGREEMENT TO PROVIDE MONTHLY RISK~$4,000.00 369049 627-10-15-15600-7399-STAPLES BUSINESS ADV MOP #45704/OFFICE SUPPLIES/RISK MANAGEMENT $85.02 369049 627-10-15-15600-7399-STAPLES BUSINESS ADV MOP #45704/OFFICE SUPPLIES/RISK MANAGEMENT $17.16 369014 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/UMANA $4,706.00 369015 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/VARGAS $2,604.00 369016 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/REYNOSO $722.95 369017 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/APAN $1,739.82 369018 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/THOMAS $5,378.75 369019 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/VARGAS $3,113.82 369020 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/APAN $807.03 369021 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST $309.00 369022 627-10-15-15600-7432-DEAN GAZZO ROISTACHE LIABILITY CLAIM COST/UMANA $8,097.50 369043 627-10-15-15600-7432-RIOS & NICHOLAS INC LIABILITY CLAIM COST/UMANA $740.82 TOTAL: $32,321.87 MIS 369060 629-10-13-13600-7248-VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY24 $7,920.21 369060 629-10-13-13600-7248-VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY24 $73.57 369060 629-10-13-13600-7248-VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY24 $4,440.99 369012 629-10-13-13600-7248-COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 $174.00 369012 629-10-13-13600-7248-COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 $88.25 369011 629-10-13-13600-7281-COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM $8,151.00 369010 629-10-13-13600-7281-CORELOGIC SOLUTIONS REALQUEST PROPERTY RESEARCH APP $177.44 369058 629-10-13-13600-7299-TYLER TECHNOLOGIES TYLER MUNIS / CAD~$7,400.00 369058 629-10-13-13600-7299-TYLER TECHNOLOGIES TYLER MUNIS / CAD~$1,480.00 369058 629-10-13-13600-7299-TYLER TECHNOLOGIES TYLER MUNIS / CAD~$10,264.98 369063 629-10-13-13600-7306-WILLY'S ELECTRONIC WILLY'S ELECTRONICS MOP FY24 $41.73 369063 629-10-13-13600-7306-WILLY'S ELECTRONIC MOP FY24 COMPUTER ACCESSORIES $56.59 369063 629-10-13-13600-7306-WILLY'S ELECTRONIC MOP FY24 COMPUTER ACCESSORIES $173.90 369063 629-10-13-13600-7306-WILLY'S ELECTRONIC MOP FY24 COMPUTER ACCESSORIES $69.38 TOTAL: $40,512.04 PW - EQUIPMENT 369033 643-10-31-31700-7282-NATIONAL CITY CAR WASH MOP 72454 CAR WASH - FLEET DIV FY24 $509.42 369044 643-10-31-31700-7282-SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES- FLEET DIVION FY24 $214.36 369044 643-10-31-31700-7282-SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES- FLEET DIV FY24 $306.53 369042 643-10-31-31700-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES - FLEET DIV FY24 $68.49 369042 643-10-31-31700-7318-PRUDENTIAL OVERALL MOP 45742- LAUNDRY SERVICES FLEET DIV FY24 $60.87 369042 643-10-31-31700-7318-PRUDENTIAL OVERALL MOP 45742 - LAUNDRY SERVICES FLEET DIVISION FY24 $60.87 369042 643-10-31-31700-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES- FLEET DIVISION FY24 $60.87 369062 643-10-31-31700-7334-WETMORES MOP 80333 AUTO SUPPLIES- FLEET DIVISION FY24 $24.46 369062 643-10-31-31700-7334-WETMORES MOP 80333 AUTO SUPPLIES- FLEET DIVISION FY24 $53.62 4/5Page 218 of 239 369062 643-10-31-31700-7334-WETMORES MOP 80333 AUTO SUPPLIES- FLEET DIVISION FY24 $431.95 369063 643-10-31-31700-7334-WILLY'S ELECTRONIC MOP 45763 ELECTRIC SUPPLIES- FLEET DIVISION FY24 $79.78 369040 643-10-31-31700-7334-POWERSTRIDE BATTERY MOP 67839 GENERAL SUPPLIES - FLEET DIV FY24 $113.12 369037 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $30.44 369037 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $28.79 369036 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $30.47 369036 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $15.51 369036 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $24.01 369036 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $162.47 369036 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $13.55 369036 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $235.10 369039 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $15.24 369038 643-10-31-31700-7334-PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/FLEET $20.29 369034 643-10-31-31700-7334-O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM $58.71 369034 643-10-31-31700-7334-O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM $203.55 369034 643-10-31-31700-7334-O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM $52.68 TOTAL: $2,875.15 A/P Total 139,888.30 PAYROLL Start Date End Date Check Date Pay period 3/19/2024 4/1/2024 4/10/2024 8 1,412,842.80 WIRED PAYMENT 4/12/2024 Week 42 PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE-APRIL $          2,209.55 4/12/2024 Week 42 PUBLIC EMP RETIREMENT SYST2024 REPLACEMENT CHARGES FOR NC $          5,823.09 SECTION 8 HAPS Start Date End Date 4/12/2024 4/18/2024 $35,929.59 GRAND TOTAL 1,588,660.69$ 5/5Page 219 of 239 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, May 21, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #43 for the period of 4/19/24 through 4/25/24 in the amount of $1,539,153.39 RECOMMENDATION: Ratify Warrants Totaling $1,539,153.39 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 4/19/24 – 4/25/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation HEALTH NET INC 369090 $65,543.10 GRP #R1192A - MAY 2024 WRIGHT CONSTRUCTION 369126 $58,774.17 CIP 19-11 PARADISE CREEK WATER QUALITY THE BANK OF NY MELLON $1,069,758.47 TAXABLE PENSION OBLIGATIONS BONDS FINANCIAL STATEMENT: Warrant total $1,539,153.39 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: Warrant Register No. 43 Page 220 of 239 CHECK NO ACCOUNT VENDOR NAME FULL DESC AMOUNT FINANCE 369088 100-00-00-00000-2113-HEALTH NET INC GRP GX011A - MAY 2024 $29,352.77 369089 100-00-00-00000-2113-HEALTH NET INC GRP #ZI454A - MAY 2024 $1,287.19 369090 100-00-00-00000-2113-HEALTH NET INC GRP #R1192A - MAY 2024 $65,543.10 369092 100-00-00-00000-2113-HEALTH NET INC GRP #LB439A - MAY 2024 $23,241.08 369105 100-00-00-00000-2115-RELIANCE STANDARD MAY 2024 GRP VAI826233 - VCI801146 & VG180848 $4,360.68 369107 100-00-00-00000-2143-SASI PROCESSING CHARGES/FLEX SPENDING $742.70 369087 724-00-00-00000-2113-HEALTH NET INC GRP ZI454F - MAY 2024 $12.08 369091 724-00-00-00000-2113-HEALTH NET INC GRP #LB439F - MAY 2024 $777.39 TOTAL: $125,316.99 CAO 369118 100-10-15-15100-7222-THOMSON REUTERS SUBSCRIPTION / WEST LAW / CAO $637.84 TOTAL: $637.84 POLICE 369082 100-70-21-21100-7259-FON JON PET CARE CEN BOARD AND CARE FOR FY24~$1,845.00 369080 100-70-21-21100-7287-DAY WIRELESS SYSTEMS RADIO REPAIRS FOR FY24 $85.00 369067 100-70-21-21100-7318-ACE UNIFORMS & ACCES LEATHER GEAR, KEEPERS FLASHLIGHTS $212.06 369066 100-70-21-21100-7226-RAMIREZ, OMAR G TRAINING REIMBURSEMENT FOR THE TBW $5,552.00 369066 100-70-21-21500-7226-RAMIREZ, OMAR G TRAINING REIMBURSEMENT FOR THE TBW $8,448.00 TOTAL: $16,142.06 FIRE 369125 100-70-22-22100-7213-WRIGHT & LESTRANGE CONSULTANT SHALL PROVIDE LEGAL OPINION $2,034.00 369083 100-70-22-22100-7283-GRAINGER MOP#65179 BATTERIES FOR SCBA EQUIPMENT $154.06 369076 100-70-22-22100-7299-AT&T PHONE SVCSTO RECEIVE DISPATCHED EMERG CALL $56.98 369096 100-70-22-22100-7305-LIFE ASSIST INC HARTWELL FASPLINT $1,457.25 369096 100-70-22-22100-7305-LIFE ASSIST INC HARTWELL FASPLINT $364.31 369069 100-70-22-22100-7521-AEP CALIFORNIA LLC LIGHTING PACKAGE FOR UTILITY VEHICLE $9,550.21 TOTAL: $13,616.81 PW - ENGINEERING 369114 100-80-31-31100-7399-STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY24-PW/ENG $108.49 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN TA 90505- NC E 31ST ST. APTS.$203.30 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90505- NC E 31ST ST. APTS.$309.63 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90538- NC KIMBALL EAST $415.37 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90538- NC KIMBALL EAST $518.71 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90539- NC KIMBALL WEST $257.29 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90539- NC KIMBALL WEST $184.15 WARRANT REGISTER # 43 4/25/2024 1/6Page 221 of 239 CHECK NO ACCOUNT VENDOR NAME FULL DESC AMOUNT WARRANT REGISTER # 43 4/25/2024 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90562- NC SAN YSIDRO HEALTH $494.54 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90562- NC SAN YSIDRO HEALTH $570.89 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90634- NC IN N OUT $75.11 369079 726-00-00-00000-2143-D-MAX ENGINEERING IN T&A 90634- NC IN N OUT $443.60 369100 726-00-00-00000-2143-NV5 INC NC PLAN CHECK SERVICES- TA 90673- 1200 HIGHLAND AV $1,560.45 369100 726-00-00-00000-2143-NV5 INC NC PLAN CHECK SERVICES- TA 90664-1200 HARBOR DR.$448.05 369100 726-00-00-00000-2143-NV5 INC NC PLAN CHECK-TA 90575-PLAZA BONITA RET. WALL $1,606.80 369100 726-00-00-00000-2143-NV5 INC NC PLAN CHECK- TA 90645-1300 WILSON AVE $1,385.35 369126 296-10-18-18500-7598-WRIGHT CONSTRUCTION,CIP 19-11 PARADISE CREEK WATER QUALITY $58,774.17 TOTAL: $67,355.90 CSD 369116 100-86-42-42100-7264-T'S & SIGNS INC CITY GUIDES/CSD $184.33 369071 100-86-42-42100-7311-AMAZON SR PRGM ST. PATRICKS DECORATIONS/CSD $274.24 TOTAL: $458.57 NSD 369102 100-86-61-61100-7211-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SVC $22.05 369102 100-86-61-61100-7211-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SVC $22.05 369102 100-86-61-61100-7211-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SVC $22.05 369102 100-86-61-61100-7211-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SVC $22.05 369102 100-86-61-61100-7211-PRUDENTIAL OVERALL MOP 45742 PRUDENTIAL SVC $157.69 369102 100-86-61-61100-7211-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SVC $33.15 369102 100-86-61-61100-7211-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SVC $30.62 369111 100-86-61-61100-7226-SORIANO, RONNY REIMBURSEMENT / CONFERENCE $150.84 369109 100-86-61-61100-7299-SILVER & WRIGHT LLP SILVER & WRIGHT LEGAL SVC $707.60 369121 100-86-61-61100-7329-VISTA PAINT MOP 68834 PAINT SUPPLIES $483.80 369121 100-86-61-61100-7329-VISTA PAINT MOP 68834 PAINT SUPPLIES $304.50 369101 100-86-61-61100-7329-PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES $205.24 369101 100-86-61-61100-7329-PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES $97.12 369101 100-86-61-61100-7329-PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES $162.02 369068 420-86-61-61200-7318-ACE UNIFORMS & ACCES SHOES & BELT/ ACE UNIFORMS $233.75 TOTAL: $2,654.53 PW - PARKS 369123 105-86-31-31400-7299-WEST COAST ARBORISTS CITY WIDE TREE TRIMMING SERVICES FY24-PW/PARKS $6,151.25 TOTAL: $6,151.25 PW - STREETS 369113 109-80-31-31300-7285-SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FOR STREETS FY24-PW/STS $4,765.85 369113 109-80-31-31300-7285-SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FOR STREETS FY24-PW/STS $7,492.43 2/6Page 222 of 239 CHECK NO ACCOUNT VENDOR NAME FULL DESC AMOUNT WARRANT REGISTER # 43 4/25/2024 369113 109-80-31-31300-7285-SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FOR STREETS FY24-PW/STS $1,065.12 369113 109-80-31-31300-7285-SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FOR STREETS FY24-PW/STS $5,400.00 369104 109-80-31-31300-7318-RED WING BUSINESS WORK BOOTS FOR RICHARD FLORES FY24-PW/STREETS $200.00 TOTAL: $18,923.40 PW - SEWER 369119 125-85-31-31400-7299-UNDERGROUND SERVICE UNDERGROUND SERVICE ALERT FY24-PW/SEWER $594.50 TOTAL: $594.50 NUTRITION 369095 166-86-42-42300-7301-LASER SAVER INC LS PREMIUM CF289X HY BLACK TONER $163.07 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $271.82 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $26.07 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $642.56 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $101.13 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $478.42 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $89.15 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $181.58 369070 166-86-42-42300-7312-ALDEMCO CONSUMABLES / NUTRITION CENTER $221.76 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $1,625.71 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $482.25 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $212.31 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $1,380.96 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $1,071.42 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $95.95 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $2,590.83 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $1,847.61 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $2,117.17 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $1,152.74 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $1,235.63 369070 166-86-42-42300-7313-ALDEMCO FOOD / NUTRITION CENTER $2,033.86 TOTAL: $18,022.00 PW - FACILITIES 369115 626-10-31-31500-7236-SWEETWATER AUTHORITY WATER BILL FOR FACILITIES JAN-MAR FY24-PW/FAC $127.62 369115 626-10-31-31500-7236-SWEETWATER AUTHORITY WATER BILL FOR FACILITIES JAN-MAR FY24-PW/FAC $127.62 369093 626-10-31-31500-7288-HOME DEPOT CREDIT SE BUILDING SUPPLIES FY24-PW/FACILITIES $288.79 369122 626-10-31-31500-7299-VORTEX INDUSTRIES IN CITY-WIDE DOORS, GATES, AND RELATED FY24-PW/FAC $1,347.50 369073 626-10-31-31500-7299-ASSI SECURITY INC CITY-WIDE SECURITY REPAIRS FY24-PW/FAC $300.00 369073 626-10-31-31500-7299-ASSI SECURITY INC CITY-WIDE SECURITY REPAIRS FY24-PW/FAC $385.00 3/6Page 223 of 239 CHECK NO ACCOUNT VENDOR NAME FULL DESC AMOUNT WARRANT REGISTER # 43 4/25/2024 369094 626-10-31-31500-7299-JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24-PW/FAC $295.00 369094 626-10-31-31500-7299-JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24-PW/FAC $717.79 369094 626-10-31-31500-7299-JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24-PW/FAC $390.00 369094 626-10-31-31500-7299-JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24-PW/FAC $250.00 369094 626-10-31-31500-7299-JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24-PW/FAC $330.00 369094 626-10-31-31500-7299-JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24-PW/FAC $90.00 369106 626-10-31-31500-7299-SAN DIEGO MECHANICAL REPAIRS TO HVAC SYSTEMS FY24-PW/FAC $25,368.22 369106 626-10-31-31500-7299-SAN DIEGO MECHANICAL REPAIRS TO HVAC SYSTEMS FY24-PW/FAC $7,712.00 369106 626-10-31-31500-7299-SAN DIEGO MECHANICAL REPAIRS TO HVAC SYSTEMS FY24-PW/FAC $552.00 369103 626-10-31-31500-7299-R & R CONTROLS, INC ENVIRONMENTAL CONTROL SYSTEMS FY24-PW/FAC $625.00 369103 626-10-31-31500-7299-R & R CONTROLS, INC ENVIRONMENTAL CONTROL SYSTEMS FY24-PW/FAC $345.00 369102 626-10-31-31500-7303-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/FACILITIES $19.87 369102 626-10-31-31500-7303-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/FACILITIES $17.80 369102 626-10-31-31500-7303-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/FACILITIES $45.11 369102 626-10-31-31500-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/FACILITIES $118.88 369102 626-10-31-31500-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/FACILITIES $45.11 369102 626-10-31-31500-7318-PRUDENTIAL OVERALL MOP 45742 LAUNDRY SERVICES FY24-PW/FACILITIES $17.80 369117 626-10-31-31500-7318-T'S & SIGNS INC SAFETY WEARING APPAREL FY24-PW/FACILITIES $1,955.06 369086 626-10-31-31500-7354-HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY24-PW/FAC $777.30 369086 626-10-31-31500-7354-HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY24-PW/FAC $827.63 369086 626-10-31-31500-7354-HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY24-PW/FAC $1,592.04 369086 626-10-31-31500-7354-HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY24-PW/FAC $866.59 369086 626-10-31-31500-7354-HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY24-PW/FAC $596.60 369086 626-10-31-31500-7354-HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY24-PW/FAC $1,579.15 TOTAL: $47,710.48 MIS 369075 629-10-13-13600-7248-AT&T SBC - AT&T FOR FY24 $2,414.03 369074 629-10-13-13600-7248-AT&T SBC - AT&T FOR FY24 $107.22 369076 629-10-13-13600-7248-AT&T SBC - AT&T FOR FY24 $8.70 369075 629-10-13-13600-7248-AT&T SBC - AT&T FOR FY24 $1,916.39 369075 629-10-13-13600-7248-AT&T SBC - AT&T FOR FY24 $195.97 369075 629-10-13-13600-7248-AT&T SBC - AT&T FOR FY24 $57.15 369075 629-10-13-13600-7248-AT&T SBC - AT&T FOR FY24 $19,121.97 369078 629-10-13-13600-7248-COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 $302.53 369078 629-10-13-13600-7248-COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 $2,060.43 369078 629-10-13-13600-7248-COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 $88.25 369084 629-10-13-13600-7299-GRANICUS LLC GRANICUS WEBCASTING FY24 $2,055.29 4/6Page 224 of 239 CHECK NO ACCOUNT VENDOR NAME FULL DESC AMOUNT WARRANT REGISTER # 43 4/25/2024 TOTAL: $28,327.93 PW - EQUIPMENT 369098 643-10-31-31700-7282-NATIONAL CITY CAR WA CAR WASH SERVICES FOR FLEET FY24-PW/EQM $469.53 369099 643-10-31-31700-7282-NATIONAL CITY MOTORC SERVICE AND REPAIR FOR EMERGENCY FY24-PW/EQM $668.90 369099 643-10-31-31700-7282-NATIONAL CITY MOTORC SERVICE AND REPAIR FOR EMERGENCY FY24-PW/EQM $513.25 369099 643-10-31-31700-7282-NATIONAL CITY MOTORC SERVICE AND REPAIR FOR EMERGENCY FY24-PW/EQM $291.95 369077 643-10-31-31700-7282-CALIFORNIA DIESEL CO FILTER CLEANING ON PARKS TRACTOR VEH #311 FY24-PW $485.00 369120 643-10-31-31700-7282-VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FY24-PW/EQM $550.00 369072 643-10-31-31700-7314-ASBURY ENVIRONMENTAL USED OIL PICK UP FY24-PW/EQM $100.00 369085 643-10-31-31700-7334-HAAKER EQUIPMENT COM PARTS AND SMALL EQUIMPMENT FY24-PW/EQM $3,912.52 369085 643-10-31-31700-7334-HAAKER EQUIPMENT COM STREET SWEEPER PART FY24-PW/EQM $22,930.77 369085 643-10-31-31700-7334-HAAKER EQUIPMENT COM PARTS AND SMALL EQUIMPMENT FY24-PW/EQM $515.48 369085 643-10-31-31700-7334-HAAKER EQUIPMENT COM PARTS AND SMALL EQUIMPMENT FY24-PW/EQM $189.99 369085 643-10-31-31700-7334-HAAKER EQUIPMENT COM PARTS AND SMALL EQUIMPMENT FY24-PW/EQM -$515.48 369085 643-10-31-31700-7334-HAAKER EQUIPMENT COM PARTS AND SMALL EQUIMPMENT FY24-PW/EQM -$1,830.13 369097 643-10-31-31700-7334-MUNICIPAL MAINTENANC PARTS FOR STREET SWEEPER #048 FY24-PW/EQM $773.32 369112 643-10-31-31700-7334-SOUTH COAST EMERGENC PARTS FOR FIRE VEH #499 FY24-PW/EQM $906.34 369124 643-10-31-31700-7334-WETMORES ALTERNATOR FOR FIRE VEH #180 FY24-PW/EQM $1,724.92 369110 643-10-31-31700-7334-SONSRAY MACHINERY LL PARTS TRACTOR AND WASTE WATER MACHINE FY24-PW $1,234.18 369110 643-10-31-31700-7334-SONSRAY MACHINERY LL KEYS FOR MACHINERY VEH #108 FY24-PW/EQM $111.94 369120 643-10-31-31700-7334-VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FY24-PW/EQM $112.99 369120 643-10-31-31700-7334-VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FY24-PW/EQM $111.90 369108 643-10-31-31700-7334-SEDANO FORD OF LM, I R&M CITY VEHICLES FY24-PW/EQM $318.04 369108 643-10-31-31700-7334-SEDANO FORD OF LM, I R&M CITY VEHICLES FY24-PW/EQM $262.30 369108 643-10-31-31700-7334-SEDANO FORD OF LM, I R&M CITY VEHICLES FY24-PW/EQM $564.47 369081 644-10-19-19100-7512-ENTERPRISE FLEET MAN FY24 ENTERPRISE FLEET LEASE PROGRAM $25,431.50 369081 644-10-19-19100-7512-ENTERPRISE FLEET MAN FY24 ENTERPRISE FLEET LEASE PROGRAM $25,285.07 369064 643-10-31-31700-7282-LOUIES GARAGE CORPOR REPAIR DAMAGE TO GRAFFIT TRUCK VEH #093 FY24-PW/EQ $1,036.00 369065 643-10-31-31700-7282-LOUIES GARAGE CORPOR BODY WORK ON FAC VEH #154 FY24-PW/EQM $1,398.32 TOTAL: $87,553.07 A/P Total 433,465.33 WIRED PAYMENT 4/25/2024 Week 43 U S BANK CREDIT CARD STATEMENT – APRIL 2024 $ 42,401.74 4/25/2024 Week 43 THE BANK OF NY MELLON TAXABLE PENSION OBLIGATIONS BONDS $1,069,758.47 5/6Page 225 of 239 CHECK NO ACCOUNT VENDOR NAME FULL DESC AMOUNT WARRANT REGISTER # 43 4/25/2024 SECTION 8 HAPS Start Date End Date 4/12/2024 4/18/2024 $35,929.59 GRAND TOTAL $1,539,153.39 6/6Page 226 of 239 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, May 21, 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 2024, AND CONTINUING UNTIL REPEALED BY THE VOTERS, WITH AN OVERSIGHT COMMITTEE, GENERATING AN ESTIMATED $1.7 MILLION DOLLARS ANNUALLY, BE ADOPTED? YES NO Page 227 of 239 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 228 of 239 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 2024, 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 229 of 239 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. Page 230 of 239 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 21st day of May, 2024. ________________________________ Ron Morrison, Mayor ATTEST: ______________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: ______________________________ Barry J. Schultz, City Attorney Page 231 of 239 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, May 21, 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 Page 232 of 239 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 233 of 239 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. Page 234 of 239 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. Page 235 of 239 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 21st day of May, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 236 of 239 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, May 21, 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 237 of 239 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 21st day of May, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 238 of 239 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. Page 239 of 239