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HomeMy WebLinkAbout2022 12-01 CC AGENDA PKTAGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Alejandra Sotelo-Solis, Mayor Marcus Bush, Vice-Mayor Brad Raulston, City Manager Jose Rodriguez, Councilmember Barry J. Schultz, Interim City Attorney Ron Morrison, Councilmember Luz Molina, City Clerk Mona Rios, Councilmember Mitchell 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 Meeting 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 prior to 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 prior to 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) If you wish to submit written comment email to the City Clerk’s Office at least 2 hours prior to 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 prior to 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 medication or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting. AGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Alejandra Sotelo-Solis, Mayor Marcus Bush, Vice-Mayor Brad Raulston, City Manager Jose Rodriguez, Councilmember Barry J. Schultz, Interim City Attorney Ron Morrison, Councilmember Luz Molina, City Clerk Mona Rios, Councilmember Mitchell 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 2 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo 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 medicamento 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, November 1, 2022, 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.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. 5.PROCLAMATIONS AND RECOGNITION 5.1.National City Recognizes Iglesia Ni Cristo in honor of Filipino American History Month. 6.PRESENTATION (Limited to Five (5) Minutes each) 6.1.Presentation - A Reason to Survive (ARTS)5 Recommendation: Staff recommends that City Council receive and file presentation. 7.INTERVIEWS AND APPOINTMENTS Mayoral and City Council appointments to City Boards/Commission/Committees 7.1.Appointments: City Boards, Commissions and Committees – Mayoral Appointments for Board of Library Trustees; and provide direction regarding Public Art Committee., 2022-110 24 Recommendation: Mayoral Appointment with City Councilmembers confirmation, and provide staff direction regarding recruitment for the Public Art Committee Vacancy. 8.REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) 9.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 request an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar. 9.1.Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda Motion of the City Council of the City of National City, California, approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. 9.2.Declaring Findings to Continue to Teleconference Meetings From November 14, 2022 to December 13, 2022, as Required by AB 361. 38 Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Making the Findings Required by AB 361 to Continue Teleconference Meetings of the City Council and the City Boards, Commissions, and Committees to December 13, 2022.” 9.3.Approval of City Council Meeting Minutes 41 Recommendation: Approve and file. 9.4.Approval of Agreement with A Reason to Survive (ARTS) for Basketball Court Mural Project 52 Recommendation: Adopt a resolution entitled “Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an Agreement between the City of National City and ARTS for the design, creation and installation of a Basketball Court Mural at Kimball Park.” 9.5.Approval of Agreement with A Reason to Survive (ARTS) for Public Art Projects 88 Recommendation: Page 2 of 218 Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, to approve the agreement with A Reason to Survive (ARTS) for the Design, Creation and Installation of Public Artwork in Conjunction with City Projects.” 9.6.Approval of Amendment to the Agreement between City of National City and A Reason to Survive (ARTS) 128 Recommendation: Adopt a Resolution entitled “Resolution of the City Council of the City of National City, California, authorizing the Mayor to enter into the First Amendment to the Agreement between the City of National City (“City”) and A Reason to Survive (“ARTS”) for the maintenance and operation of the ARTS Center located at 200 East 12th Street in National City.” 9.7.Amendments to On-Call Consultant Agreements for City’s Capital Improvement Program (CIP) increasing the not-to-exceed dollar amounts and extending each agreement by one year as allowed by original agreement 156 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to increase On-Call Consultant Agreements by a not-to-exceed amount of $1,000,000, including hourly rate updates, extend by one year, and execute 1) First Amendments to the following On-Call Consultants: a) Anser Advisory; b) HDR Engineering, Inc.; c) Innovative Construction Consulting Services, Inc.; d) Kimley-Horn and Associates, Inc.; e) KTU&A; f) NV5, Inc.; g) STC Traffic, Inc.; and, h) WSP USA Inc.; and 2) Second Amendments to the following On-Call Consultants: a) Chen Ryan Associates, Inc.; and, b) Project Professionals Corporation.” 9.8.FY21 UASI Amendment adding $40,000 toward training for the Police Department. 190 Recommendation: Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California Authorizing the Mayor to Execute the City of San Diego Office of Homeland Security Grant Subaward Amendment for an Additional Appropriation of $40,000 for a New Total of $56,800 to the Reimbursable Grant Citywide Account for the Fy21 Urban Area Security Initiative (UASI) Grant for the Reimbursable Grant Purchase of Training for the Police Department” 9.9.Warrant Register #11 for the period of 9/9/22 through 9/15/22 in the amount of $959,384.91. 194 Recommendation: Ratify Warrants Totaling $959,384.91 9.10.Warrant Register #12 for the period of 9/16/22 through 9/22/22 in the amount of $1,346,098.20. 197 Page 3 of 218 Recommendation: Ratify Warrants Totaling $1,346,098.20 9.11.Warrant Register #13 for the period of 9/23/22 through 9/29/22 in the amount of $1,170,264.82 200 Recommendation: Ratify Warrants Totaling $1,170,264.82 10.PUBLIC HEARING The following item(s) have been advertised as public hearing(s) as required by law. 10.1.Public Hearing and Introduction of an Ordinance Amending Section 18.30.310 (Tattoo Parlors and Body-Piercing Establishments) of Title 18 (Zoning) of the National City Municipal Code related to the location of tattoo and body- piercing establishments. 203 Recommendation: Introduce the Ordinance 10.2.Public hearing and introduction of an Ordinance of the City Council of the City of National City, California, amending Title 9 of the National City Municipal Code by adding Chapter 9.64 pertaining to Mobilehome Park Rent Stabilization 208 Recommendation: Introduce the Ordinance and conduct the Public Hearing. 11.STAFF REPORTS 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, November 15, 2022 - 6:00 p.m. - Council Chambers - National City, California. Page 4 of 218 AGENDA REPORT Department: City Clerk's Office Prepared by: Joyce Ryan, Library & Comm Svcs Dir. Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Presentation - A Reason to Survive (ARTS) RECOMMENDATION: Staff recommends that City Council receive and file presentation. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Since 2012, A Reason to Survive (ARTS) has had a home in National City in the old Library building at 200 East 12th Street. Since then, ARTS has worked to positively impact the lives of our young community residents and bring their creativity and imagination to the surface through free programs at the Arts Center. The staff at ARTS have been instrumental in the installation of art projects throughout the City, including the “A” Avenue Art Wall. ARTS staff have also participated in programs and events, including the Dia de los Muertos event and Community Services Day. As part of the agreement between ARTS and the City of National City, ARTS presents an overview of its projects and programs every year. FINANCIAL STATEMENT: Not applicable. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBIT: 1. ARTS Presentation – City of National City – November 1, 2022 Page 5 of 218 Page 6 of 218 ARTS lifts young people in the South County region of San Diego to become confident, compassionate, and courageous community builders through the transformative power of creativity. www.areasontosurvive.org Page 7 of 218 FINANCIAL IMPACT REPORT, 2021-2022 Annual Amount Due to City Projects & Events $125,000 28 TOTAL PROJECTS $166,124 FINANCIAL IMPACT NATIONAL CITY PARTICIPANTS 635 Page 8 of 218 COMMUNITYPROJECTS NATIONAL CITY PARTICIPANTS 54 6 TOTAL PROJECTS $50,902 FINANCIAL IMPACT Page 9 of 218 COMMUNITYPROJECTS City Hall Mural, Photo Exhibition Little Libraries for NCPL SUHI Alumni c/o 2022 Mural Page 10 of 218 EVENTS &EXHIBITIONS NATIONAL CITY PARTICIPANTS 581 22 TOTAL PROJECTS $115,222 FINANCIAL IMPACT Page 11 of 218 NATIONAL CITY'S DÍA DE LOS MUERTOS FESTIVAL (FALL 2021) Page 12 of 218 STEAM DAY COLLABORATION WITH NATIONAL CITY'S 16 WEEKS OF STEAM (SPRING 2022) Page 13 of 218 1313 10001000 219219 YOUTH ANDCOMMUNITYEXHIBITIONS VISITORS OVER YOUNGARTISTSEXHIBITED ARTS GALLERY Page 14 of 218 PROGRAMS NATIONAL CITY YOUTH PARTICIPANTS 154 34 TOTAL PROGRAMS ~$500,000 FINANCIAL IMPACT Page 15 of 218 20 SWEETWATER HS STUDENTS IN SPRING 2022 AND FALL 2022 SEMESTERS • 8 weeks, 40+ hours of hands-on learning in Maker Workshop • Project team for Dia de los Muertos festival & CIP projects (City of NC) Page 16 of 218 ARTS @ WORK SPRING 2022 & FALL 2022 COHORTS Page 17 of 218 Page 18 of 218 COMMUNITY WORKSHOPS Page 19 of 218 NATIONAL CITY'S DÍA DE LOS MUERTOS FESTIVAL FRIDAY, NOVEMBER 4, 20225:00PM - 8:30 PM KIMBALL BOWL Page 20 of 218 UPCOMING PROJECTS - 2023 Sister Cities Gateway (Kimball Park) Eastside I-805 Community Greenbelt Kimball Court Mural (Kimball Park) Camacho Gym Mural (Las Palmas Park) Farmstand/Greenhouse (El Toyon Park) W. 19th St. Greenway KIMBALL COURT MURAL - 2023 Page 21 of 218 We look forward to contributing to creative elements / public art as part of capital Improvment projects, beautifying local parks, and through art consultancy to advance the emerging public art program for the City of National City. Together, we are building a regional model for collaboration between local government and a community—based organization focused on creative youth development and arts & culture. Page 22 of 218 James Halliday jhalliday@areasontosurvive.org ARTS Executive Director Page 23 of 218 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, Deputy City Clerk Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Appointments: City Boards, Commissions and Committees – Mayoral Appointments for Board of Library Trustees; and provide direction regarding Public Art Committee. RECOMMENDATION: Mayoral Appointment with City Councilmembers confirmation, and provide staff direction regarding recruitment for the Public Art Committee Vacancy. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Vacancies on multiple Boards/Commissions/Committees (BCCs) were noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise openings and the application acceptance period. The most recent Vacancy Notices were posted on Monday, September 26, 2022, and all applications were due to the City Clerk’s Office by the deadline of Monday, October 17, 2022, at 5:00 p.m. The following BCCs currently have vacancies caused by end of term and/or resignations: Board of Library Trustees Two vacancies due to resignations; one position is an alternate position. One application has been received. Public Art Committee One alternate position due to resignation. No applications have been received. FINANCIAL STATEMENT: This report does not reflect financial changes to the budget at this time. 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. Page 24 of 218 ORDINANCE: Not Applicable EXHIBITS: Attachment A – Explanation Attachment B – Application (redacted) Attachment C – City Council Policy #107 Attachment D – Boards/Commission/Committees Reference Chart Page 25 of 218 The City Clerk’s Office began advertising and accepting applications for vacancies on the following Boards, Committees, and Commissions: Board of Library Trustees; and Public Art Committee on September 26, 2022 with a deadline of October 17, 2022. One application was received for the Board of Library Trustees Vacancies; no applications were received for the Public Art Committee Vacancy. 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. Vacancies are listed below: BCC Number of Open Seats and Term expiration for that seat Appointing Member(s) Residency Requirement Applications Received Board of Library Trustees (1) One Seat – Sept. 30, 2023 (This is an Alternate Seat) (1) One Seat – Sept. 30, 2025 Mayoral Yes Cassi Raya Public Art Committee (1) One Seat – Sept. 30, 2024 (This is an Alternate Seat) Mayoral No None. Residency requirements are listed if required in the chart above. If filling a resident requirement, applicant must reside within the City of National City at the time the application is submitted to be considered for the resident position. Appointment: Per City Council Policy #107 (D)(7): The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils with a different applicant for consideration. If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment. Per City Council Policy #107 (D)(14)(3): Attendance A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance. Per City Council Policy #107 (D)(14)(3): Mandatory Training and Filing Requirements: Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. Page 26 of 218 This training is required to be completed within 30 days of appointment or notification. 1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507) 2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq) 3. AB1234 Ethics Training (California Government Code Section 53235.1(b)) 4. Anti-Sexual Harassment Training 5. Brown Act Training 6. Social Media Training 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, and training website/software, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff. There were no applications received for the Public Art Committee. Please provide direction to staff. Page 27 of 218 Page 28 of 218 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 29 of 218 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 30 of 218 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 31 of 218 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 32 of 218 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 33 of 218 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 34 of 218 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 35 of 218 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 36 of 218 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 37 of 218 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, Deputy City Clerk Meeting Date: November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Declaring Findings to Continue to Teleconference Meetings From November 14, 2022 to December 13, 2022, as Required by AB 361. RECOMMENDATION: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Making the Findings Required by AB 361 to Continue Teleconference Meetings of the City Council and the City Boards, Commissions, and Committees to December 13, 2022.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Adoption of the resolution would allow the City Council and the City Boards, Commissions, and Committees to continue teleconference meetings via Zoom past the December 13, 2022, expiration date of the Governors Executive Order N-08-21. The State of Emergency continues as the COVID-19 Delta Variant has emerged causing a spike in cases throughout the world. The City complies with the County of San Diego County Health Department and Cal OSHA requirements to ensure the health and safety of its staff and the public. Adopting this resolution would allow the City Council to reevaluate this declaration of findings every thirty (30) days for ongoing continuation or further action. 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A - Resolution Page 38 of 218 RESOLUTION NO. 2022- RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING THE FINDINGS REQUIRED BY AB 361 TO CONTINUE TELECONFERENCE MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES TO DECEMBER 13, 2022 WHEREAS, the World Health Organization has declared the COVID-19 outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act; and WHEREAS, beginning March 2020, California Governor Newsom executed Executive Order N-29-20 including additional updates as the pandemic progressed and extending into 2021. The most recent Executive Order N-08-21, issued June 11, 2021 waived all physical presence requirements under the Ralph M. Brown Act as a means of limiting the spread of COVID-19; and WHEREAS, Executive Order N-08-21 expired on September 30, 2021. The date was predicted as a time when hopes were that agencies could begin to transition back to public meetings held in full compliance with the Ralph M. Brown Act; and WHEREAS, on September 16, 2021, California Governor Newsom signed into law Assembly Bill (AB) 361, which extends the authority of public agencies to conduct meetings by teleconference, including video conference, while the state of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place; and WHEREAS, on October 5, 2021, City Council adopted Resolution No. 2021-147 declaring findings to continue to teleconference for an additional 30 days ; and WHEREAS, on November 2, 2021, City Council adopted Resolution No. 2021-164 declaring findings to continue to teleconference for an additional 30 days ; and WHEREAS, on December 7, 2021, City Council adopted Resolution No. 2021-183 declaring findings to continue to teleconference for an additional 30 days ; and WHEREAS, on January 4, 2022, City Council adopted Resolution No. 2022-01 declaring findings to continue to teleconference for an additional 30 days; and WHEREAS, on February 1, 2022, City Council adopted Resolution No. 2022-11 declaring findings to continue to teleconference for an additional 30 days ; and WHEREAS, on March 1, 2022, City Council adopted Resolution No. 2022-31 declaring findings to continue to teleconference for an additional 30 days ; and WHEREAS, on April 5, 2022, City Council adopted Resolution No. 2022-47 declaring findings to continue to teleconference for an additional 30 days ; and Page 39 of 218 WHEREAS, on May 17, 2022, City Council adopted Resolution No. 2022-74 declaring findings to continue to teleconference for an additional 30 days ; and WHEREAS, on June 7, 2022, City Council adopted Resolution No. 2022-85 declaring findings to continue to teleconference for an additional 30 days; and WHEREAS, on June 21, 2022, City Council adopted Resolution No. 2022-100 declaring findings to continue to teleconference for an additional 30 days ; and WHEREAS, on July 19, 2022, City Council adopted Resolution No. 2022-119 declaring findings to continue to teleconference for an additional 30 days. WHEREAS, on August 16, 2022, City Council adopted Resolution No. 2022-130 declaring findings to continue to teleconference for an additional 30 days . WHEREAS, on September 15, 2022, City Council adopted Resolution No. 2022 - 136 declaring findings to continue to teleconference for an additional 30 days. WHEREAS, on October 4, 2022, City Council adopted Resolution No. 2022-158 declaring findings to continue to teleconference for an additional 30 days. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Makes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appointed Boards, Commissions, and Committees: Section 2. Makes the findings that the City of National City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of its staff and the public: Section 3. 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 1st day of November 2022. __________________________ Alejandra Sotelo-Solis, Mayor ATTEST: _________________________ Luz Molina, City Clerk APPROVED AS TO FORM: __________________________ Barry J. Schultz, Interim City Attorney Page 40 of 218 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, Deputy City Clerk Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Approval of City Council Meeting Minutes. RECOMMENDATION: Approve and file. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Meeting Minutes: September 20, 2022 City Council Special Meeting – Closed Session October 4, 2022 City Council Regular Meeting FINANCIAL STATEMENT: None. 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Meeting Minutes Page 41 of 218 1 REGULAR MEETING MINUTES OF THE CITY COUNCIL September 20, 2022, 5:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Mayor Sotelo-Solis Vice-Mayor Bush Councilmember Rodriguez Councilmember Morrison Councilmember Rios Others Present: Barry J. Schultz, Interim City Attorney Shelley Chapel, Deputy City Clerk ____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:00 p.m. by Mayor So telo-Solis. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG Mayor Sotelo-Solis led the Pledge of Allegiance. 4. PUBLIC COMMENT No Public Comment was received. Page 42 of 218 2 5. CLOSED SESSION Members retired into Closed Session at 5:04 p.m. and returned at 5:52 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, and Schultz. 5.1 PUBLIC EMPLOYMENT Title: City Attorney Government Code Sections 54957(b)(1), 54954.5 Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following this meeting at 6:00 p.m. 6. ADJOURNMENT Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, September 20, 2022, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 5:53 p.m. __________________________ Shelley Chapel, MMC, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of November 1, 2022. __________________________ Alejandra Sotelo-Solis, Mayor Page 43 of 218 1 REGULAR MEETING MINUTES OF THE CITY COUNCIL October 4, 2022, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Mayor Sotelo-Solis Vice-Mayor Bush Councilmember Rodriguez Councilmember Morrison Councilmember Rios Others Present: Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk Brad Raulston, City Manager Frank Para, Assistant City Manager Phil Davis, Director of Finance Joyce Ryan, Library & Community Services Director Carlos Aguirre, Director of Housing Roberto Yano, Director of Public Works and City Engineering Jose Tellez, Chief of Police Alejandro Hernandez, Police Captain Tonya Hussain, Executive Secretary _____________________________________________________________________ Page 44 of 218 2 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:00 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: Sotelo-Solis, Bush (6:10 p.m. arrival), Morrison, Rios, Rodriguez Other Elected Officials absent: Beauchamp Administrative Officials present: Raulston, Parra, Schultz, Chapel (via Zoom), Yano, Aguirre, Ryan, Davis, Tellez, Juarez, and Hussain Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Morrison led the Pledge of Allegiance. 4. PUBLIC COMMENT Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Molina. Fifteen (15) spoken comments were received: Two (2) written comments were received and published on the City website. In-person comment received from: Laura Zarate Patrick DeMarco Eddie Perez Janice Luna Reynoso Paul Wapnowski Anthony Avalos Edward Nieto Randy Valderrama Bill Nosal Jacqueline Reynoso Laura Wilkinson Sinton Gloria Jean Nieto John Borja Page 45 of 218 3 Comment via Zoom received from: Judith Strang Becky Rapp Councilmember Morrison left the dais at 6:34 p.m. and returned at 6:35 p.m. 5. PROCLAMATIONS AND RECOGNITION 5.1 National City celebrates Latino Heritage Month recognizing the Valderrama, Baca and Nieto families. Mayor Sotelo-Solis introduced the Valderrama, Baca, and Nieto families and presented the proclamation. In-person comment received from: Mari Pilli Becerra Pattie Harris Anthony Avalos Jacqueline Reynoso 6. PRESENTATION (Limited to Five (5) Minutes each) 6.1 Introduction of New City Employees City Manager Brad Raulston announced the names of the new City employees. 7. INTERVIEWS AND APPOINTMENTS 7.1 Appointments: City Boards, Commissions and Committees – City Council Appointment for Civil Service Commission Civil Service Commission incumbent Javier Alvarado addressed the Council. City Council to Conduct Interviews and Appointment. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rodriguez to reappoint Javier Alva rado to the Civil Service Commission for a term ending September 30, 2027. Ayes: Bush, Morrison, Rios, Rodriguez Nays: Sotelo-Solis Motion passed by 4-1 vote. Page 46 of 218 4 8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Morrison announced that the upcoming Regional Solid Waste Association meeting would include discussion of the EDCO contract. Councilmember Rios provided an update on the San Diego County Water Authority and announced the new Board members. Unified Port of San Diego Commissioner Sandy Naranjo provided an update regarding the Capital Improvement Program and announced an upcoming meeting to discuss the National City Balanced Plan and Projects Environmental Impact Report. 9. CONSENT CALENDAR ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison to approve the Consent Calendar Items 9.1 through 9.10. Moved by Rios Seconded by Morrison Motion carried by unanimous vote 9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda 9.2 Declaring Findings to Continue to Teleconference Meetings to November 14, 2022, as Required by AB 361. Approved Resolution No. 2022-158. Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Making the Findings Required by AB 361 to Continue Teleconference Meetings of the City Council and the City Boards, Commissions, and Committees to November 14, 2022.” Motion carried by unanimous vote 9.3 Request to designate the Fire Chief, Chief of Police, and Management Analyst III (Fire) as authorized agents to continue the cost recovery process for all open and future disasters up to three (3) years following the date of approval. Approved Resolution No. 2022-159. Page 47 of 218 5 Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Designation of Applicant’s Agent Resolution for Non-State Agencies” Motion carried by unanimous vote 9.4 Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 520 ‘F’ Avenue. (Applicants: Christine & Liam Dunfey, Joe Dzida) (Case File 2022-27 M) Approved Resolution No. 2022-160. Staff recommends adoption of a resolution authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 520 ‘F’ Avenue. Motion carried by unanimous vote 9.5 Project close-out and notice of completion for five construction projects. Approved Resolution No. 2022-161. Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) accepting the work performed by the general contractors on the following five projects identified below: a) Camacho Recreation Center HVAC Replacement project CIP No. 20-07; b) Euclid Bike and Pedestrian Enhancements project CIP No. 18 -10; c) Paradise Creek Park Expansion project CIP No. 18-16; d) Sweetwater Road Safety Enhancements project CIP No. 19-12; and e) Sweetwater River Bikeway Connections/ 30th Street Bicycle Facility Improvements project – CIP 18- 14; 2) approving the final contract amounts; 3) ratifying the release of retentions; and 4) authorizing the Mayor to sign the Notice of Completion for the projects”. Motion carried by unanimous vote 9.6 Temporary Use Permit – Circo Hermanos Caballero Blue Unit sponsored by Circo Hermanos Caballero from October 6, 2022 to October 17, 2022 at the Westfield Plaza Bonita Mall with no waiver of fees, 2022-95. Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. Page 48 of 218 6 Motion carried by unanimous vote 9.7 Temporary Use Permit – Care for Humanity hosted by Church of Christ on October 23, 2022, from 12 p.m. to 4 p.m. at 3201 Kimb all Park with no waiver of fees, 2022-85. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. Motion carried by unanimous vote 9.8 Temporary Use Permit – Hope Fest hosted by Heart Revolution Church at 1920 Sweetwater Road on October 31, 2022, from 6 p.m. to 9 p.m. with no waiver of fees. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. Motion carried by unanimous vote 9.9 Warrant Register #7 for the period of 8/12/22 through 8/18/22 in the amount of $686,957.09. Ratify Warrants Totaling $686,957.09 Motion carried by unanimous vote 9.10 Warrant Register #8 for the period of 8/19/22 through 8/25/22 in the amount of $2,168,757.25. Ratify Warrants Totaling $2,168,757.25 Motion carried by unanimous vote Page 49 of 218 7 10. STAFF REPORTS City Clerk Molina read the title of the item into the record. 10.1 Update on the disposition of City-owned real property located at 921 & 929 National City Boulevard, National City. Housing Director Carlos Aguirre introduced the item. PowerPoint presentation was given by Kosmont Senior Vice President Wil Soholt Kimley-Horn Analyst Precious Nicanor was present. Tower 999, LLC Managing Partner Cyrus Rapinan addressed the City Council. Councilmember Rodriguez left the dais at 7:19 p.m. and returned at 7:20 p.m. ACTION: Motion by Vice Mayor Bush, seconded by Councilmember Rodriguez to approve the staff recommendation with the amendment that staff explore commercial tenants, homeownership opportunities, local hire and public benefits, neighborhood prioritization, and a Regional Housing Needs Assessment Plan analysis. Recess taken at 8:00 p.m. Meeting reconvened at 8:08 p.m. Councilmember Rodriguez returned to the dais at 8:09 p.m. Moved by Bush Seconded by Rodriguez Motion carried by unanimous vote 10.2 Letter to Governor Gavin Newsom requesting the amendment of Senate Bill 357. City Manager Brad Raulston introduced Chief of Police Jose Tellez who presented the item. Moved by Morrison Seconded by Rios Motion carried by unanimous vote Page 50 of 218 8 11. CITY MANAGER’S REPORT City Manager Brad Raulston presented a PowerPoint Presentation and addressed the relocation of Granger Music Hall to El Toyon Park. He announced that National City was awarded the Outstanding Chapter Project of the Year by the American Public Works Association for the Roosevelt Avenue Corridor Smart Growth Revitalization Project. Vice Mayor Bush left the dais at 8:25 p.m. and returned at 8:28 p.m. 12. ELECTED OFFICIALS REPORT Closing remarks were provided by members of the City Council. 13. CITY ATTORNEY REPORT Mayor Sotelo-Solis introduced Interim City Attorney Schulz who had nothing to report. 14. ADJOURNMENT Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, October 18, 2022, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 8:39 p.m. ________________________________ Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of November 1, 2022. ________________________________ Alejandra Sotelo-Solis, Mayor Page 51 of 218 AGENDA REPORT Department: Library and Community Services Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Approval of Agreement with A Reason to Survive (ARTS) for Basketball Court Mural Project RECOMMENDATION: Adopt a resolution entitled “Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an Agreement between the City of National City and ARTS for the design, creation and installation of a Basketball Court Mural at Kimball Park.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Kimball Park Basketball Mural Design approved by Public Art Committee at regular meeting on July 26, 2022. EXPLANATION: Colorful basketball court murals have been created in cities across the country. By working with students at Sweetwater High School to develop the art designs, ARTS has developed a concept for a basketball court mural for Kimball Park. The overall project involves the repair, resurfacing and painted design work for the basketball court mural. ARTS has received approval of the design from the Public Art Committee at the regular July meeting. The mural design is attached to the agreement (Exhibit “B”) and is entitled “Convergence.” This rendering captures the proposed overall design, as well as color palette. The animating concept of the design is the convergence of parkland and the bay beyond, with the creek in the middle. This also captures the specific geography around the basketball court. As part of the project, ARTS will be working with a subcontractor to repair and resurface the court, according to City specifications. ARTS will also maintain the basketball court design for five years. FINANCIAL STATEMENT: There is no fiscal impact to the General Fund. All costs for this project are funded through ARTS and will be part of the $125,000 lease obligation. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. Page 52 of 218 ORDINANCE: Not Applicable EXHIBITS: 1. Agreement Between the City of National City and ARTS for Basketball Court Mural Project – November 1, 2022 2. Agreement Between the City of National City and ARTS – December 7, 2021 3. Resolution Page 53 of 218 Page 54 of 218 Page 55 of 218 Page 56 of 218 Page 57 of 218 Page 58 of 218 Page 59 of 218 Page 60 of 218 Page 61 of 218 Page 62 of 218 Page 63 of 218 Page 64 of 218 Page 65 of 218 Page 66 of 218 Page 67 of 218 Page 68 of 218 Page 69 of 218 Page 70 of 218 Page 71 of 218 Page 72 of 218 Page 73 of 218 Page 74 of 218 Page 75 of 218 Page 76 of 218 Page 77 of 218 Page 78 of 218 Page 79 of 218 Page 80 of 218 Page 81 of 218 Page 82 of 218 Page 83 of 218 Page 84 of 218 Page 85 of 218 RESOLUTION NO. 2022 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (“CITY”) AND A REASON TO SURVIVE (“ARTS”) FOR THE CREATION AND INSTALLATION OF A BASKETBALL COURT MURAL AT KIMBALL PARK. WHEREAS, one of the goals of the CITY’s General Plan is to develop a cultural arts program that encourages and facilitates the development of art in public spaces and promotes greater awareness of architectural, urban design, and the cultural heritage of the CITY; WHEREAS, ARTS is a California non-profit corporation skilled in creating public art, including capital arts projects; WHEREAS, the CITY desires to have ARTS design, create and install a Basketball Court Mural at Kimball Park; WHEREAS, ARTS has worked with local students at Sweetwater High School to create a Basketball Court Mural design and has received approval from the Public Art Committee for the design; WHEREAS, the CITY previously entered into a mainten ance agreement with ARTS which commenced on January 1, 2022 and expires on December 31, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the City Manager to enter into an Agreement between the City of National City and ARTS for the design, creation and installation of a Basketball Court Mural at Kimball Park, attached to the Agenda Report as Exhbit 1. Page 86 of 218 Resolution No. 2022 – Page Two Section 2: 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 1st day of November, 2022. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 87 of 218 AGENDA REPORT Department: City Clerk's Office Prepared by: Joyce Ryan, Library & Comm Svcs Director Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Approval of Agreement with A Reason to Survive (ARTS) for Public Art Projects RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, to approve the agreement with A Reason to Survive (ARTS) for the Design, Creation and Installation of Public Artwork in Conjunction with City Projects.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The City of National City has received funding for a number of Capital Improvement Projects to be completed within the next two to three years. All projects include funding for a public art component. Staff have been working with A Reason to Survive (ARTS) in order to incorporate public art into these currently identified projects, which are listed below and also detailed in Exhibit A of the Agreement, Scope of Services: CIP Project No. Project Name Kimball Park – Gateway Arch 22-20 Las Palmas Park – Proposed Mural 21-25 W. 19th Street Greenway 22-09 Eastside I805 Community Greenbelt 22-26 El Toyon Park – Farmstand The funding sources for these projects are grants that have already been awarded to the City and include a public art component in the scope. These sources include Prop. 68, Clean California, TransNet-Prop A, and ARPA. As part of the agreement, ARTS will design, create and install the public art pieces to the satisfaction of the City’s Public Works Department and will provide project management for each scope item. As part of the artistic process, ARTS will collaborate with other City departments and the Public Art Committee, where applicable, to jointly determine the artistic design. FINANCIAL STATEMENT: The total amount of funding for all scope items is not to exceed $205,000. The CITY may allocate project costs towards ARTS’ $125,000 lease obligation to the City in lieu of providing direct compensation for work performed under this Agreement. Any additional funding needs will Page 88 of 218 be met by ARTS and will be considered part of their $125,000 annual lease obligation to the City. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: 1. Agreement with A Reason to Survive (ARTS) for Public Art Projects 2. Agreement Between the City of National City and ARTS – December 7, 2021 3. Resolution Page 89 of 218 RESOLUTION NO. 2022 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (“CITY”) AND A REASON TO SURVIVE (“ARTS”) FOR THE DESIGN, CREATION AND INSTALLATION OF PUBLIC ART PROJECTS IN NATIONAL CITY. WHEREAS, one of the goals of the CITY’s General Plan is to develop a cultural arts program that that encourages and facilitates the development of art in public spaces and promotes greater awareness of architectural, urban design, and the cultural heritage of the CITY; WHEREAS, ARTS is a California non-profit corportation skilled in creating public art, including capital arts projects; WHEREAS, the CITY desires to have ARTS design, create and install a number of public art projects in conjunction with larger capital improvement projects in National City; WHEREAS, the CITY has received funding for public art projects to be installed as part of local capital improvement projects; WHEREAS , the CITY previously entered into a mainten ance agreement with ARTS which commenced on January 1, 2022 and expires on December 31, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the City Manager to enter into an Agreement between the City of National City and ARTS for the design, creation and installation of funded public art projects as part of local capital improvement projects, attached to the Agenda Report as Exhibit 1. Page 90 of 218 Resolution No. 2022 – Page Two Section 2: 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 1st day of November, 2022. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 91 of 218 Page 92 of 218 Page 93 of 218 Page 94 of 218 Page 95 of 218 Page 96 of 218 Page 97 of 218 Page 98 of 218 Page 99 of 218 Page 100 of 218 Page 101 of 218 Page 102 of 218 Page 103 of 218 Page 104 of 218 Page 105 of 218 Page 106 of 218 Page 107 of 218 Page 108 of 218 Page 109 of 218 Page 110 of 218 Page 111 of 218 Page 112 of 218 Page 113 of 218 Page 114 of 218 Page 115 of 218 Page 116 of 218 Page 117 of 218 Page 118 of 218 Page 119 of 218 Page 120 of 218 Page 121 of 218 Page 122 of 218 Page 123 of 218 Page 124 of 218 Page 125 of 218 Page 126 of 218 Page 127 of 218 AGENDA REPORT Department: City Clerk's Office Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Approval of Amendment to the Agreement between City of National City and A Reason to Survive (ARTS) RECOMMENDATION: Adopt a Resolution entitled “Resolution of the City Council of the City of National City, California, authorizing the Mayor to enter into the First Amendment to the Agreement between the City of National City (“City”) and A Reason to Survive (“ARTS”) for the maintenance and operation of the ARTS Center located at 200 East 12th Street in National City.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Since 2012, A Reason to Survive (ARTS) has had a home in National City in the old Library building at 200 East 12th Street. Since then, ARTS has worked to positively impact the lives of our young community residents and bring their creativity and imagination to the surface through free programs at the Arts Center. The staff at ARTS have been instrumental in the installation of art projects throughout the City, including the “A” Avenue Art Wall. ARTS staff have also participated in programs and events, including the Dia de los Muertos event and Community Services Day. ARTS staff also work closely with local schools to create classes and internships for our local students through “Arts at Work” and other programs. The agreement approved last year (from January 1, 2022 to December 31, 2022) allowed for up to three two-year amendments. This first amendment allows for the City’s use of the ARTS Center basement. In return for maintaining and operating the property at 200 East 12th Street, ARTS provides to the City $125,000 worth of projects and programs annually per the current agreement. ARTS has provided quarterly reporting and effectively shown that this lease obligation has been fulfilled in FY22. FINANCIAL STATEMENT: There is no fiscal impact to the General Fund. ARTS’ $125,000 lease obligation is fulfilled in projects and programs to the benefit of the municipality. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. Page 128 of 218 PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: 1. Amendment to the Agreement Between the City of National City and ARTS – January 1, 2023 2. Agreement Between the City of National City and ARTS – December 7, 2021 3. Resolution Page 129 of 218 Page 130 of 218 Page 131 of 218 Page 132 of 218 Page 133 of 218 Page 134 of 218 Page 135 of 218 Page 136 of 218 Page 137 of 218 Page 138 of 218 Page 139 of 218 Page 140 of 218 Page 141 of 218 Page 142 of 218 Page 143 of 218 Page 144 of 218 Page 145 of 218 Page 146 of 218 Page 147 of 218 Page 148 of 218 Page 149 of 218 Page 150 of 218 Page 151 of 218 Page 152 of 218 Page 153 of 218 RESOLUTION NO. 2022 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO ENTER INTO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (“CITY”) AND A REASON TO SURVIVE (“ARTS”) FOR THE MAINTENANCE AND OPERATION OF THE ARTS CENTER LOCATED AT 200 EAST 12 TH STREET IN NATIONAL CITY. WHEREAS, the CITY owns the improved real property located at 200 East 12th Street, National City, California. This real property is commonly known as the Arts Cente r Building (the “ARTS CENTER”); WHEREAS, one of the goals of the CITY’s General Plan is to develop a cultural arts program that that encourages and facilitates the development of art in public spaces and promotes greater awareness of architectural, urban design, and the cultural heritage of the CITY; WHEREAS, ARTS is a California non-profit corportation skilled in creating public art, including capital arts projects; WHEREAS, the CITY desires to employ ARTS to maintain the ARTS CENTER for the benefit of the community and ARTS is willing and able to maintain the ARTS CENTER for such purpose; WHEREAS, in exchange for maintaining the ARTS CENTER for the benefit of residents and visitors, the CITY desires to grant ARTS a revocable license to enter and operate the ARTS CENTER located at 200 East 12th Street, National City, California; WHEREAS, the CITY previously entered into a mainten ance agreement with ARTS which commenced on January 1, 2022 and expires on December 31, 2022; WHEREAS, the Parties desire to amend the Agreement by exercising the first of the three (3) two-year extensions to extend the term of the Agreement to December 31, 2024 and to allow the City to utlize the basement for storage as necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the Mayor to enter into a First Amendment to Agreement between the City of National City and ARTS for the Maintenance and Operation of the ARTS Center located at 200 East 12th Street in National City, attached as Exhibit 1 to the Agenda Report. Page 154 of 218 Resolution No. 2022 – Page Two Section 2: 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 1st day of November, 2022. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 155 of 218 AGENDA REPORT Department: Engineering Prepared by: Tirza Gonzales, Management Analyst II Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Amendments to On-Call Consultant Agreements for City’s Capital Improvement Program (CIP) increasing the not-to-exceed dollar amounts and extending each agreement by one year as allowed by original agreement. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to increase On-Call Consultant Agreements by a not-to-exceed amount of $1,000,000, including hourly rate updates, extend by one year, and execute 1) First Amendments to the following On-Call Consultants: a) Anser Advisory; b) HDR Engineering, Inc.; c) Innovative Construction Consulting Services, Inc.; d) Kimley-Horn and Associates, Inc.; e) KTU&A; f) NV5, Inc.; g) STC Traffic, Inc.; and, h) WSP USA Inc.; and 2) Second Amendments to the following On-Call Consultants: a) Chen Ryan Associates, Inc.; and, b) Project Professionals Corporation.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019. The RFQ was advertised on the City’s website, published in the San Diego Union Tribune, e- mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center to encourage local participation, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Based on the strength of their SOQs, interviews and past performance, the City of National City entered into Agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP). The original Agreements were all for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one -year extensions. On September 7, 2021, City Council adopted Resolution 2021-122 and 2021-121 approving First Amendments for Chen Ryan Associates, Inc., and Project Professionals Corporation, respectively, based on said consultants’ performance, quality of work, and expiring agreements, increased City staffing demands, and to ensure timely completion of CIPs. Page 156 of 218 If approved tonight, action would authorize the City to execute First Amendments to extend Agreements of the below listed consultants (1-8) by one year and increase each of the not-to exceed amounts by $1,000,000, including hourly rate updates, for total Agreement amounts of $3,000,000; and, 1. Anser Advisory: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications 2. HDR Engineering, Inc.: Project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications 3. Innovative Construction Consulting Services, LLC: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications 4. Kimley-Horn and Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long - range planning on multiple disciplines; grants management; community outreach and communications 5. KTU&A: Project management; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning for multiple disciplines; grants management; community outreach and communications 6. NV5, Inc.: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability review; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications 7. STC Traffic, Inc.: Project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; community outreach and communications 8. WSP USA Inc.: Project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning on multiple disciplines; grants management; community outreach and communications Second Amendments to extend Agreements of the below listed consultants (9-10) by one year and increase each of the not-to exceed amounts by $1,000,000, including hourly rate updates, for total Agreement amounts of $4,000,000: 9. Chen Ryan Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning for multiple disciplines; grants management; and, community and communications Page 157 of 218 10. Project Professionals Corporation: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications. Due to the size and type of projects and the expertise of the consultants, expenditure amounts may vary amongst the firms. To remain consistent, staff is requesting equivalent increases for consultants based on current workforce staffing levels and grant application and implementation efforts required to meet demanding deadlines. It should be noted that the increases do not constitute utilization of the entirety of funds. Consultant tasks will be performed on an as-needed on-call basis and funded by appropriations approved through CIP and Budget process. The City’s 5-Year CIP projects estimated at approximately $73 million in capital improvements over the next five years. The City’s implementation rate averages about fifteen projects a year totaling approximately $15.3 million. Staff recommends authorizing the Mayor to increase On-Call Consultant Agreements by a not-to- exceed amount of $1,000,000, including hourly rate updates, extend by one year, and execute 1) First Amendments to the following On-Call Consultants: a) Anser Advisory; b) HDR Engineering, Inc.; c) Innovative Construction Consulting Services, Inc.; d) Kimley-Horn and Associates, Inc.; e) KTU&A; f) NV5, Inc.; g) STC Traffic, Inc.; and, h) WSP USA Inc.; and 2) Second Amendments to the following On-Call Consultants: a) Chen Ryan Associates, Inc.; and, b) Project Professionals Corporation. Page 158 of 218 Consultant* Reso No. Agreement Start Date Original Agreement First Amendment Second Amendment Total Agreement Total Expenditures & Encumbrances as of Sept. 2022 1. Anser Advisory 2019-150 11/5/2019 $2,000,000 $1,000,000 $3,000,000 $324,948.56 2. HDR Engineering, Inc. 2019-175 12/3/2019 $2,000,000 $1,000,000 $3,000,000 $710,318.50 3. Innovative Construction Consulting Services, LLC 2019-151 11/5/2019 $2,000,000 $1,000,000 $3,000,000 $1,390,693.50 4. Kimley-Horn and Associates, Inc. 2020-11 01/21/2020 $2,000,000 $1,000,000 $3,000,000 $958,621.14 5. KTU&A 2019-176 12/3/2019 $2,000,000 $1,000,000 $3,000,000 $258,199.00 6. NV5, Inc. 2019-177 12/3/2019 $2,000,000 $1,000,000 $3,000,000 $333,698.89 7. STC Traffic, Inc. 2019-164 11/19/2019 $2,000,000 $1,000,000 $3,000,000 $497,141.48 8. WSP USA Inc. 2019-178 12/3/2019 $2,000,000 $1,000,000 $3,000,000 $1,631,917.91 9. Chen Ryan Associates, Inc. First Amendment 2019-163 2021-122 11/19/2019 09/07/2021 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $1,965,520.72 10. Project Professionals Corporation First Amendment 2019-152 2021-121 11/5/2019 09/07/2021 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $2,684,668.28 *See Exhibit A for Consultant Projects/Tasks Page 159 of 218 FINANCIAL STATEMENT: Funding appropriations approved by CIP and Budget process. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Transportation Choices and Infrastructure ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Consultant Projects/Tasks Exhibit B – Amendments Exhibit C – Resolution Page 160 of 218 1. Anser Advisory CIP/TASK # DESCRIPTION 19-18 National City Blvd. Bikeway 19-20 Sweetwater Rd Protected Bike 19-80 Grant Services 19-81 Grant Management 22-35 Construction Management On-Call 22-47 Wastewater Rate Analysis 2. HDR Engineering, Inc. CIP/TASK # DESCRIPTION 18-11 Paradise Creek Water Quality and Community Enhancements at Plaza 19-11 Paradise Creek at Plaza Phase II 19-35 Paradise Creek Kimball Additional Permit Support 20-01 NC EX-P1 Sewer Line Upsizing 22-36 EX-P1 Sewer Line Upsizing Design Services Modification 22-48 CCTV Inspection and Cleaning Services for 10”VCP at Wilson Ave 3. Innovative Construction Consulting Services, Inc. CIP/TASK # DESCRIPTION 15-05 Paradise Creek Restoration 18-10 Euclid Bicycle & Ped Enhancements 18-11 Paradise Creek Water Quality 18-14 Sweetwater Bike Path 19-02 El Toyon Las Palmas Bicycle Corridor 19-04 Citywide Safe Routes to School 19-05 Palm Ave Rehab 19-17 Division - Euclid to Harbison 19-19 Roosevelt Smart Growth 19-35 Paradise Creek Mitigation Project at Kimball Way 19-38 16th St. Rehab 19-45 Civic Center ADA Access 22-01 Las Palmas Pool 21-18 Paradise Creek Drainage Channel Improvement Page 161 of 218 EXHIBIT A 4. Kimley Horn and Associates, Inc. CIP/TASK # DESCRIPTION 18-05 Traffic Counts & Analysis 18-14 Sweetwater/30th Bike 19-02 El Toyon Las Palmas 19-04 Safe Routes to School 19-18 NC Blvd Inter-City Bike Connection Amendment 2 19-19 Roosevelt PSE Smart Growth 19-23 Central Community Mobility 19-25 CNC Bike Wayfinding 19-33 Paradise Creek Park Extension 19-44 8th Street & Roosevelt Ave ATP 19-83 Division Street DSDC 19-84 East Paradise Grants 19-85 Civic Center Access Improve 19-86 Euclid Ave Bike/Ped DSDC 19-87 Euclid Ave. Construction Support 21-03 ATP Cycle 5 Grants 21-13 Traffic Counts & Analysis 21-28 Ocean Protection Council – Coastal Justice Grant 21-80 Urban Greening Program Round 4 22-82 Project Support Services 22-09 Eastside I-805 Community Greenbelt Project 22-34 Caltrans Holiday Lights Permit 22-41 Manchester Street Striping 5. KTU&A CIP/TASK # DESCRIPTION 19-19 Roosevelt Ave. Smart Growth 19-44 8th St and Roosevelt Ave Caltrans ATP 19-88 Clean Mobility TUNES Capital Project 21-81 CMO Pre-Planning 22-09 Clean CA Program Grant 22-38 Strategic Growth Council Transformative Planning Grant 22-80 NC Transformative Grant Page 162 of 218 6. NV5, Inc. CIP/TASK # DESCRIPTION 18-07 Paradise Creek Park 18-08 Paradise Creek LOMR 19-46 Las Palmas pool Electric System Replacement 20-81 Sewer Rate Assessment 20-82 Implementation of Dashboard GIS Work 21-15 MLK Community Center Remodel 21-17 SOW CIP Online GIS 21-23 Plan Check Services 21-82 NC GIS Webserver 21-83 2021 Sewer User Survey & Prep of Tax Roll 22-12 FY23 2023 Sewer Tax Roll 22-24 Military installation Sustainability Planning Grant 22-81 2022 Sewer Tax Roll 7. STC Traffic, INC. CIP/TASK # DESCRIPTION 19-12 Sweetwater Road Median and Lighting Improvement HSIP8 19-22 HSIP 9 Citywide Protected Left-Turn Enhancements 19-89 General Professional Services 19-90 Citywide Traffic Signal and ADA Improve (HSI6) 19-91 Pedestrian ADA Improvements 19-92 Traffic Signal Communications Upgrade 19-93 Paradise Creek Construction Support 21-04 HSIP Cycle 10 Grant Applications 21-12 Caltrans STP Grant Division and Osborn Traffic Signal Plan Review 21-20 Parking Action Plan Implementation Amendment 21-84 Citywide Camera Services 21-85 Palm Ave and 16th St Signal Modification 21-86 Euclid Avenue Bicycle and Pedestrian Enhancements 21-87 Mile of Cars Way Signal Timing Improvements 21-88 Cameras at Paradise Creek Park 21-89 Camera Troubleshooting 22-29 Downtown National City Parking Occupancy Survey 22-51 Plaza Blvd. Traffic Signal System Assess/Corridor Synchronization 22-52 22/23 Engineering and Traffic Surveys of Speed Limits 22-82 Parking Management Support Services 22-83 Traffic Signal and Systems Support Services Page 163 of 218 8. WSP USA Inc. CIP/TASK # DESCRIPTION 21-90 Bike Master Plan 21-91 Parking Master Plan 21-10 Parking Policy & Regulatory Criteria, $49,906 9. Chen Ryan Associates, INC. CIP/TASK # DESCRIPTION 19-18 National City Blvd. Bike Connection 19-20 Sweetwater Road Protected Bikeway 19-24 Bayshore Bikeway Segment 5 19-94 National City SSARP 19-95 24th Street TODO 21-02 Sustainable Transportation Equity Project GRANT Application (STEP) 21-25 W. 19th Street Greenway 21-92 As-Need Professional Support Services 22-13 Highland Ave Inter-City Bike Connection PA/ED 22-16 Citywide Pedestrian Safety Enhancements 22-23 NC Bayfront EIR 10. Project Professionals Corporation CIP/TASK # DESCRIPTION 18-07 Paradise Creek Park III 18-10 Euclid Ave Ped & Bike Enhancements 18-14 Sweetwater River Bikeway 18-16 Paradise Creek Park Expansion 19-05 Palm Ave Road Rehab 19-08 Fiber Optic TS Interconnect (HSIP) 19-09 Pedestrian ADA Improvements (HSIP) 19-12 Sweetwater Rd Safety Enhancements (HSIP) 19-13 Citywide Ped Safety Imps (HSIP) 19-14 E. 4th St. Protected L-T Enh (HSIP) 19-15 Citywide Safety Lighting Enh (HSIP) 19-33 Paradise Creek Educational Park Extension 19-43 P1- Sewer Upsizing 19-50 Las Palmas Pool Facility Roof 19-51 Camacho Gym Roof Replace 19-52 Compliance Monitoring for Civic Center Boiler 19-53 Compliance Review for City Hall Replacement 20-01 P1- Sewer Upsizing Phase II Page 164 of 218 20-03 Civic Center Basement Power Upgrade 20-05 Police Pistol Range Safety Improvements 20-06 Camacho Gym Windows 20-07 Camacho Rec Center HVAC 20-85 Earle Drive Sinkhole Repair 20-86 Granger Avenue Sinkhole Repair 21-01 City Hall New Hallway Door 21-06 City Hall City Clerk Window Upgrade 21-07 City Hall Neighborhood Services Window 21-19 Conceptual Master Plan Update 21-24 City Hall Seismic Retrofit 22-19 SB1 Street Resurfacing 22-39 Storm Drain Repair on V Ave 22-40 Camacho Red Center ADA 22-42 Police Dept. Parking Structure Waterproofing Project 22-50 Camacho Gym Doors Page 165 of 218 Page 166 of 218 Page 167 of 218 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HDR ENGINEERING, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and HDR ENGINEERING, INC., a Nevada corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-175 approving an Agreement (“the Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (CIP), including but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to 2 (two), one-year extensions; and, WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement by exercising the first of the 2 (two), one- year extensions to extend the term of the Agreement to December 2, 2023 and to increase the not-to- exceed amount by $1,000,000 for a not-to-exceed amount of $3,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1.The December 3, 2019 Agreement, in exercise of the extension provision, is hereby amended to extend the term of the Agreement by 1 (one) year to December 2, 2023. 2.The December 3, 2019 Agreement is hereby amended to increase the not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $3,000,000. 3.The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement shall remain in full force and effect. /// /// /// /// /// /// Page 168 of 218 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year written below. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor Date: ___________ APPROVED AS TO FORM: By: City Attorney HDR ENGINEERING, INC., A NEVADA CORPORATION (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Anna Lantin Vice President 09/29/2022 09/29/2022 Page 169 of 218 Page 170 of 218 Page 171 of 218 Page 172 of 218 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KTU&A T HIS FIRST AMENDMENT TO THE AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and KTU&A, a California corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-176 approving an Agreement (“the Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (CIP), including but not limited to, project management; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning for multiple disciplines; grants management; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to 2 (two), one-year extensions; and, WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement by exercising the first of the 2 (two), one- year extensions to extend the term of the Agreement to November 18, 2023 and to increase the not-to- exceed amount by $1,000,000 for a not-to-exceed amount of $3,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1.The December 3, 2019 Agreement, in exercise of the extension provision, is hereby amended to extend the term of the Agreement by 1 (one) year to December 2, 2023. 2.The December 3, 2019 Agreement is hereby amended to increase the not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $3,000,000. 3.The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement shall remain in full force and effect. /// /// /// /// /// /// Page 173 of 218 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year written below. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor Date: ___________ APPROVED AS TO FORM: By: City Attorney KTU&A., A CALIFORNIA CORPORATION (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Michael L. Singleton CEO / President of KTUA Sept. 27, 2022 Mark Carpenter Corporate Treasurer / KTUA Sept. 27, 2022 Page 174 of 218 Page 175 of 218 Page 176 of 218 Page 177 of 218 Page 178 of 218 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WSP USA INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and WSP USA INC., a New York corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-178 approving an Agreement (“the Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (CIP), including but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning on multiple disciplines; grants management; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to 2 (two), one-year extensions; and, WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement by exercising the first of the 2 (two), one- year extensions to extend the term of the Agreement to December 2, 2023 and to increase the not-to- exceed amount by $1,000,000, including hour rate updates (See attached Exhibit A), for a not-to-exceed amount of $3,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The December 3, 2019 Agreement, in exercise of the extension provision, is hereby amended to extend the term of the Agreement by 1 (one) year to December 2, 2023. 2. The December 3, 2019 Agreement is hereby amended to increase the not-to-exceed amount by $1,000,000, including hourly rate updates (see attached Exhibit A), for a total not-to-exceed amount of $3,000,000. 3. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement shall remain in full force and effect. /// /// /// /// /// Page 179 of 218 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year written below. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz Interim City Attorney WSP USA INC., A NEW YORK CORPORATION (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Patti Boekamp Senior Director 10/12/2022 10/13/2022 Ali H. Mir, ENV SP Vice President Page 180 of 218 National City On-Call EXHIBIT A WSP Staff Rates - 2022 Name Current Raw Rate Current Title Proposed Rate Patti Boekamp 132.96$ Senior Director, Local Business Leader $ 365.64 Joe De La Garza 99.67$ Director, Traffic Engineer $ 274.09 Karen Kosup 115.29$ Senior Director, Civil Engineer $ 317.05 Tara Lake 111.97$ Senior Director, Land/Urban Planner $ 307.92 Stephanie Whitmore 97.31$ Director, Environmental Planner $ 267.60 Dante Valdez 69.42$ Lead Structrual Engineer $ 190.91 Ryan Whipple 64.57$ Lead Traffic Engineer $ 177.57 Pete Ruscitti 77.34$ Director, Transportation Planner $ 212.69 Tara Olsen 112.55$ Senior Supervising Engineer $ 309.51 Erich Flessner 93.54$ Civil Project Manager $ 257.24 Steven Lewis 65.04$ Lead Civil Engineer $ 178.86 Moi Arzamendi 96.14$ Director, Geotechnical Engineer $ 264.39 John Loughran 92.23$ Director, Land/Urban Planner $ 253.63 Don Emerson 135.50$ Senior Director, Advisory Services $ 372.63 Doris Lee 95.79$ Director, Advisory Services $ 263.42 Rob Hicks 92.14$ Director, National Business Line $ 253.39 Brandi Bay 64.44$ Senior Manager, Project Accounting $ 177.21 Juan Alberto Bonilla 51.51$ Lead Planner $ 141.65 Rick Curry 94.05$ Senior Director, Advisory Services $ 258.64 Jielin Sun 67.18$ Lead Consultant, Data Scientist $ 184.75 Jorge Nozot 44.44$ Land/Urban Planner $ 122.21 Michelle Penrice 52.26$ Senior Project Accountant $ 143.72 Annie Lee 44.61$ Environmental Planner $ 122.68 Alana Flaherty 45.87$ Environmental Planner $ 126.14 Marlo Maynigo 55.20$ Senior Consultant, Traffic Engineer $ 151.80 Vamshi Akkinepally 73.93$ Lead Traffic Engineer $ 203.31 Debby Reece 126.30$ Senior Director, Civil Engineer $ 347.33 Domenic Lupo 114.45$ Senior Director, Civil Engineer $ 314.74 David Suls 64.69$ Senior Lead Consultant, Land/Urban Planner $ 177.90 Megan Thorne 69.86$ Senior Lead Consultant, Land/Urban Planner $ 192.12 Celia Sanchez 36.83$ Assistant Consultant, Land/Urban Planner $ 101.28 Eric Jordan (Serre)40.69$ Planner $ 111.90 Karl Fielding 74.06$ Senior Lead Consultant,Transportation Planner $ 203.67 Spencer Jaeger 46.53$ Environmental Planner $ 127.96 Jeremy Halpern 47.53$ Environmental Planner $ 130.71 Adrian Alvarez 93.06$ Director, Transportation Planner $ 255.92 Elizabeth Bigham 37.97$ Associate Consultant, Land/Urban Planner $ 104.42 Christina Baghdasarian 48.63$ Environmental Planner $ 133.73 Wesley Tam 34.84$ Assistant Land/Urban Planner $ 95.81 Theresa Dickerson 89.57$ Director, Environmental Planner $ 246.32 Rebecca Kalauskas 86.78$ Director, Environmental Planner $ 238.65 David Schumacher 49.76$ Senior Transportation Planner $ 136.84 Krystle Rayos 27.87$ Assistant Land/Urban Planner $ 76.64 Gabi Brazzil 69.15$ Manager, Communication & Public Involvement $ 190.16 Fabian Campos 50.01$ Consultant, Advisory Services $ 137.53 Reed Alvarado 42.30$ Consultant, Communication and Public Involvement $ 116.33 Ryan Adamson 44.78$ Consultant, Communication and Public Involvement $ 123.15 Michal Helman 47.97$ Sr Consultant, Communicatoin and Public Involvement $ 131.92 Kit Powis 84.86$ Director, Communication and Public Involvement $ 233.37 John Hong 46.78$ Assistant Civil Engineer $ 128.65 Caleb Mulick 42.53$ Civil Engineering Intern $ 116.96 Page 181 of 218 SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEN RYAN ASSOCIATES, INC. THIS SECOND AMENDMENT TO THE AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and CHEN RYAN ASSOCIATES, INC., dba CR ASSOCIATES, a California corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-163 approving an Agreement (“the Agreement”) with the CONSULTANT for the term of November 19, 2019 through November 18, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (CIP), including but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning for multiple disciplines; grants management; and, community and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to 2 (two), one-year extensions; and, WHEREAS, the City Council adopted Resolution No. 2021-122 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000, for a total not-to- exceed amount of $3,000,000; and, WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement by exercising the first of the 2 (two), one- year extensions to extend the term of the Agreement to November 18, 2023 and to increase the not-to- exceed amount by $1,000,000, including hourly rate updates (see Exhibit A), for a not-to-exceed amount of $4,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The November 19, 2019 Agreement, in exercise of the extension provision, is hereby amended to extend the term of the Agreement by 1 (one) year to November 18, 2023. 2. The November 19, 2019 Agreement is hereby amended to increase the not-to-exceed amount by $1,000,000, including hourly rate updates (see attached Exhibit A), for a total not-to-exceed amount of $4,000,000. 3. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 19, 2019 Agreement shall remain in full force and effect. /// /// /// /// Page 182 of 218 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year written below. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor Date: ___________ APPROVED AS TO FORM: By: City Attorney CHEN RYAN ASSOCIATES, INC., A CALIFORNIA CORPORATION (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Matthew Capuzzi Principal Monique Chen President 10/3/2022 10/3/2022 Page 183 of 218 3900 5th Avenue, Suite 310 | San Diego, CA 92103 | (619) 795-6086 www.ChenRyanMobility.com On-Call Project Support Services for National City’s Capital Improvement Program (CIP) Rate Schedule Effective through December 31, 2023 Classification Billing Rate per Hour Principal $290.00 Senior Professional II $250.00 Senior Professional I $220.00 Professional II $195.00 Professional I $180.00 Analyst $160.00 Support Staff $100.00 Direct expenses such as but not limited to printing and reproductions, travel expenses, deliveries, materials, shipping, postage, etc. will be invoiced at cost. EXHIBIT A Page 184 of 218 Page 185 of 218 Page 186 of 218 RESOLUTION NO. 2022 - 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO INCREASE ON-CALL CONSULTANT AGREEMENTS BY A NOT-TO-EXCEED AMOUNT OF $1,000,000, INCLUDING HOURLY RATE UPDATES, EXTEND BY ONE YEAR, AND EXECUTE 1) FIRST AMENDMENTS TO THE FOLLOWING ON-CALL CONSULTANTS: A) ANSER ADVISORY; B) HDR ENGINEERING, INC.; C) INNOVATIVE CONSTRUCTION CONSULTING SERVICES, INC.; D) KIMLEY-HORN AND ASSOCIATES, INC.; E) KTU&A; F) NV5, INC.; G) STC TRAFFIC, INC.; AND, H) WSP USA INC.; AND 2) SECOND AMENDMENTS TO THE FOLLOWING ON-CALL CONSULTANTS: A) CHEN RYAN ASSOCITAES, INC.; AND, B) PROJECT PROFESSIONALS CORPORATION. WHEREAS, Staff is recommending the City Council authorize the Mayor to increase On-Call Consultant Agreements by a not-to-exceed amount of $1,000,000, including hourly rate updates, extend by one year, and execute 1) First Amendments to the following On-Call Consultants: a) Anser Advisory; b) HDR Engineering, Inc.; c) Innovative Construction Consulting Services, Inc.; d) Kimley-Horn and Associates, Inc.; e) KTU&A; f) NV5, Inc.; g) STC Traffic, Inc.; and, h) WSP USA Inc.; and 2) Second Amendments to the following On-Call Consultants: a) Chen Ryan Associates, Inc.; and, b) Project Professionals Corporation; and WHEREAS, The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019; and WHEREAS, Based on the strength of their SOQs, interviews and past performance, the City of National City entered into Agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP). The original Agreements were all for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions; and WHEREAS, On September 7, 2021, City Council adopted Resolution 2021-122 and 2021-121 approving First Amendments for Chen Ryan Associates, Inc., and Project Professionals Corporation, respectively, based on performance, quality of work, and expiring agreements of said consultants, increased staffing demands, and to ensure timely completion of CIPs. WHEREAS, Based on the consultant’s performances and quality of work, expiring agreements, increased staffing demands, and to ensure timely completion of CIPs, the City and the below listed consultants desire to execute First (consultants 1-8) and Second Amendments (consultants 9-10) to extend each Agreement by one year and increase each of the not-to exceed amounts by $1,000,000, for total Agreement amounts of $3,000,000 and $4,000,000 respectively. Page 187 of 218 1. Anser Advisory: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications 2. HDR Engineering, Inc.: Project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications 3. Innovative Construction Consulting Services, LLC: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications 4. Kimley-Horn and Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning on multiple disciplines; grants management; community outreach and communications 5. KTU&A: Project management; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning for multiple disciplines; grants management; community outreach and communications 6. NV5, Inc.: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability review; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications 7. STC Traffic, Inc.: Project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; community outreach and communications 8. WSP USA Inc.: Project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning on multiple disciplines; grants management; community outreach and communications 9. Chen Ryan Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructa bility reviews; long range planning for multiple disciplines; grants management; and, community and communications 10. Project Professionals Corporation: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications Page 188 of 218 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 Mayor to increase On- Call Consultant Agreements by a not-to-exceed amount of $1,000,000, including hourly rate updates, extend by one year, and execute 1) First Amendments to the following On - Call Consultants: a) Anser Advisory; b) HDR Engineering, Inc.; c) Innovative Construction Consulting Services, Inc.; d) Kimley-Horn and Associates, Inc.; e) KTU&A; f) NV5, Inc.; g) STC Traffic, Inc.; and, h) WSP USA Inc.; and 2) Second Amendments to the following On-Call Consultants: a) Chen Ryan Associates, Inc.; and, b) Project Professionals Corporation. The proposed amendments are attached to the Agenda Report as Exhibit B. PASSED and ADOPTED this 1st day of November 2022. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Barry J. Schultz, Interim City Attorney Page 189 of 218 AGENDA REPORT Department: City Clerk's Office Prepared by: Walter Amedee, Management Analyst III Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: FY21 UASI Amendment adding $40,000 toward training for the Police Department. RECOMMENDATION: Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California Authorizing the Mayor to Execute the City of San Diego Office of Homeland Security Grant Subaward Amendment for an Additional Appropriation of $40,000 for a New Total of $56,800 to the Reimbursable Grant Citywide Account for the Fy21 Urban Area Security Initiative (UASI) Grant for the Reimbursable Grant Purchase of Training for the Police Department” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Resolution 2022-127 executed an Agreement between the City of San Diego Office of Homeland Security (OHS) and the City of National City, and authorized the establishment of an appropriation and corresponding revenue budget in the amount of $16,800 from the FY21 Urban Area Security Initiative (UASI) Grant to purchase training for the Fire Department. In past fiscal years, including FY21 UASI, OHS has awarded funds to procure training for both Fire and Police Departments. In light of this, the OHS has amended awards to include funds for $40,000 for Baseline Close Quarters Clearance Course for the Police Department. $40,000 should be added to the pre- existing Reimbursable Grant Citywide account of $16,800 for a total of $56,800 for training for the Fire and Police Departments. FINANCIAL STATEMENT: Expenditure Account: 282-411-959-226-0000 Training - $40,000.00 282-412-959-226-0000 Training - $16,800.00 Revenue Account: 282-11959-3498 - $40,000.00; 282-12959-3498 - $16,800.00. No City match required. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Public Safety ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A - City of San Diego Office of Homeland Security Grant Subaward Amendment Exhibit B - Resolution Page 190 of 218 City of San Diego Office of Homeland Security GRANT SUBAWARD AMENDMENT DATE GRANT NAME Federal Grant # CalOES # Amendment # Project # UEI # Final Claim Due Date This amendment is between the City of San Diego Office of Homeland Security, hearafter called OHS, and the Grant Subrecipient: Subrecipient (Certification and Signature of Authorized Agent) By (Authorized Signature) Date Printed Name Title Address Mail Original Signed form to OHS: 9601 Ridgehaven Court, MS 1101C, San Diego, CA 92123 For OHS use only I hearby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above Signature of OHS Program Manager Date 8-18-22 FY21 UASI 2021-0081 073-66000 1 003 12/31/2023 City of National City Increase Project 003 - Law Enforcement Training - $40,000. The new project 003 total is $40,000. November 1, 2022 Alejandra Sotelo-Solis Mayor 1243 National City Boulevard, National City, CA 91950 DWSKT6H5J5F3 Page 191 of 218 RESOLUTION NO. 2022 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY GRANT SUBAWARD AMENDMENT FOR AN ADDITIONAL APPROPRIATION OF $40,000 FOR A NEW TOTAL OF $56,800 TO THE REIMBURSABLE GRANT CITYWIDE ACCOUNT FOR THE FY21 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FOR THE REIMBURSABLE GRANT PURCHASE OF TRAINING FOR THE POLICE DEPARTMENT WHEREAS, the United States Department of Homeland Security (DHS) designated the City of San Diego as an eligible high-risk urban area through an analysis of relative risk of terrorism; and WHEREAS, the San Diego Urban Area (SDUA) was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative (UASI) program grant funds; and WHEREAS, the UASI grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the San Diego County Unified Disaster Council established a collaborative subcommittee called the Urban Area Working Group (UAWG); and WHEREAS, the UAWG was established as the “Approval Authority” for the SDUA and was also established to (1) provide overall governance of the homeland security grant program across the SDUA; (2) coordinate development and implementation of all UASI program initiatives; and (3) to ensure compliance with all UASI program requirements; and WHEREAS, pursuant to grant allocation decisions by the UAWG, the UASI Management Team asked the City of San Diego to distribute a portion of the regional UASI grant funds to sub- recipients, such as the City of National City; and WHEREAS, the Distribution of FY 2021 UASI Grant Funds Agreement ensures the roles, responsibilities, and expectations at the local, state, and federal levels, and ensures that the City of National City, as a grant program participant, agrees to meet state and federal requirements; and WHEREAS, Resolution 2022-127 executed an Agreement between the City of San Diego Office of Homeland Security (OHS) and the City of National City, and authorized the establishment of an appropriation and corresponding revenue budget in the amount of $16,800 from the FY21 Urban Area Security Initiative (UASI) Grant to purchase $16,800 for training for the Fire Department; and WHEREAS, in past fiscal years, including FY21 UASI, OHS has awarded UASI Grant funds for training for the Police Department; and Page 192 of 218 WHEREAS, the OHS is amending awards for the Police Department to receive FY21 UASI Grant funding for Baseline Close Quarters Clearance Course training; and WHEREAS, staff is requesting an amendment of $40,000 for a not to exceed amount of $56,800 to the pre-existing Reimbursable Grant Citywide account for training for the National City Police Department. 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 Mayor to execute the City of San Diego Office of Homeland Security Grant Subaward amendment for an additional appropriation of $40,000 for a not to exceed total amount of $56,800 to the Reimbursable Grant Citywide account for the FY21 Urban Area Security Initiative (UASI) Grant for the reimbursable grant purchase of training for the Police Department. Section 2: That the City Clerk shall certify to the passage and adoption of t his Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of November, 2022. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Barry J. Schultz, Interim City Attorney Page 193 of 218 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Warrant Register #11 for the period of 9/9/22 through 9/15/22 in the amount of $959,384.91. RECOMMENDATION: Ratify Warrants Totaling $959,384.91 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 9/9/22 – 9/15/22. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Crest Equipment Inc 359871 136,024.90 CIP 19-02 El Toyon/Las Palmas Bicycle Co Kaiser Foundation 359891 208,042.65 October 2022- Grp# 104220 Tri-Group Const & Dev 359929 83,584.02 CIP19-04 Safe Routes to School Eng/PW Public Emp Ret System 220915 268,747.78 Service Period 8/23/22 – 9/05/22 FINANCIAL STATEMENT: Warrant total $959,384.91 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Warrant Register No. 11 Page 194 of 218 PAYEE DESCRIPTION CHK NO DATE AMOUNT DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 359849 9/15/22 1,873.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 359850 9/15/22 1,567.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 359851 9/15/22 600.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 359852 9/15/22 382.28 DEMARIA LIABILITY CLAIM COST 359853 9/15/22 3,675.93 ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS / NSD 359854 9/15/22 491.28 ALDEMCO FOOD / NUTRITION CENTER 359855 9/15/22 4,755.93 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 359856 9/15/22 5,378.92 ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 359857 9/15/22 132.00 AMAZON SUPPLIES USED TO ASSIST WITH EVENTS 359858 9/15/22 316.98 ANDERSON ADV LODGING SUBSISTENCE - NORTH AMERICAN 359859 9/15/22 179.14 BRINK'S INCORPORATED TRANSPORTATION - BILLING PERIOD 9/1/22 359860 9/15/22 360.61 CALIFORNIA PARK & REC CPRS MEMBERSHIP DUES AND RENEWALS 359861 9/15/22 715.00 CANON SOLUTIONS AMERICA INC. CANON PLOTTER AND SCANNER MAINTENANCE 359862 9/15/22 84.85 CHAVEZ CITATION REFUNDS - AUGUST 2022 359863 9/15/22 80.00 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT - JULY THRU AUG 359864 9/15/22 23.60 CLEARS TRAINING TUITION CLEARS CAMRGO 359865 9/15/22 475.00 CLF WAREHOUSE INC MOP 80331. SUPPLIES FOR PW'S 359866 9/15/22 304.83 CODE ENFORCEMENT OFFICERS CACEO CONFERENCE / NSD 359867 9/15/22 620.00 CORODATA RECORDS RECORD STORAGE - CORODATA 359868 9/15/22 52.50 COZZINI BROS., INC. KNIFE/DELI SLICER/CAN OPENER SHARPENING 359869 9/15/22 36.00 CPPA HEARING EXAMINER / NSD 359870 9/15/22 350.00 CREST EQUIPMENT INC CIP 19-02 EL TOYON LAS PALMAS BICYCLE CO 359871 9/15/22 136,024.90 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY 2023 359872 9/15/22 3,858.26 DATA DETECTION GROUP DATA CONVERSION P&E 359873 9/15/22 3,485.00 DIRECT CHASSISLINK INC CITATION REFUNDS - AUGUST 2022 359874 9/15/22 120.00 DISCOUNT SPECIALTY CHEMICALS RED GREASE SPRAY 359875 9/15/22 391.33 D-MAX ENGINEERING INC CIP 22-46 NC STORM WATER SERVICES- ENG/PW 359876 9/15/22 3,298.23 FABILA CITATION REFUNDS - AUGUST 2022 359877 9/15/22 190.00 FASTSIGNS ACRYLIC.1875 (3/16") WITH CUT / PW 359878 9/15/22 7,025.19 FEDEX LATE FEE 359879 9/15/22 4.63 FLEET SERVICES INC MOP 67804 AUTO SUPPLIES- PW 359880 9/15/22 136.97 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT SUBMISSION - JUL 359881 9/15/22 18.75 GEOSYNTEC CONSULTANTS INC CIP 21-16 CNC COMPLIANCE WORK - ENG/PW 359882 9/15/22 12,649.72 GONZALEZ CWEA ASSOCIATION MEMBERSHIP & RENEWAL 359883 9/15/22 297.00 H&E EQUIPMENT SERVICES INC HAULING SERVICE / PW 359884 9/15/22 804.80 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT PURCHASES 359885 9/15/22 203.38 HDR ENGINEERING, INC. CIP 20-01 EX-P1 SEWER LINE UPSIZING - ENG 359886 9/15/22 423.00 HEARTSMART DCF-A2460EN-CC/AED LIFELINE ECG/ FIRE 359887 9/15/22 5,750.98 HERNANDEZ CITATION REFUNDS - AUGUST 2022 359888 9/15/22 130.00 HOME DEPOT CREDIT SERVICES 2-12" GOLD SCREW 1LB 359889 9/15/22 241.07 HYATT REGENCY ORANGE COUNTY HOTEL CACEO CONFERENCE SORIANO / NSD 359890 9/15/22 2,050.94 KAISER FOUNDATION HEALTH PLAN OCTOBER 2022 - GRP#104220 359891 9/15/22 208,042.65 KIMLEY HORN CIP 19-25 CNC BIKE WAYFINDING - ENG/PW 359892 9/15/22 42,661.66 KREISBERG LAW FIRM CM- 00015 BILL FOR LEGAL SERVICE 359893 9/15/22 60.00 LASER SAVER INC TONER CARTRIDGE FOR SECTION 8 DEPARTMENT 359894 9/15/22 971.90 LEFORT'S SMALL ENGINE REPAIR MOP 80702 AUTO SUPPLIES- PW 359895 9/15/22 329.51 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES- PW 359896 9/15/22 915.38 WARRANT REGISTER # 11 9/15/2022 1/2Page 195 of 218 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 11 9/15/2022 MINUTEMAN PRESS PRINTING JOB 7998 FOR 2022 CAFR 359897 9/15/22 293.80 NATIONAL CITY MOTORCYCLES SERVICE AND REPAIR FOR EMERGENCY FY 2023 359898 9/15/22 1,502.00 NATIONAL CREDIT REPORTING AUGUST -2022 FEE FOR CRIMINAL REPORT 359899 9/15/22 161.40 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLIES/FINANCE 359900 9/15/22 91.02 PACIFIC REFRIGERATION INC SERVICE CALL FOR WALKIN COOLER 359901 9/15/22 261.00 PALMA CLASS CANCELATION REFUND 359902 9/15/22 120.00 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES PW 359903 9/15/22 493.89 PENSKE FORD R&M CITY VEHICLES FY 2023 359904 9/15/22 1,297.19 PRECISION CONCRETE CUTTING CONCRETE CUTTING SLICING ASSESSMENT SIDE 359905 9/15/22 49,061.45 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 359906 9/15/22 685.29 PROFESSIONAL SEARCH GROUP LLC TEMP WORKER WEEK ENDING 8/28/22 359907 9/15/22 14,960.00 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES / NUTRITION CENTER 359908 9/15/22 888.22 RMG COMMUNICATIONS COMMUNICATION & OUTREACH SERVICES 359909 9/15/22 5,136.25 RODRIGUEZ CITATION REFUNDS - AUGUST 2022 359910 9/15/22 275.00 RUIZ REFUND FOR AILEEN RUIZ 359911 9/15/22 60.00 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES- PW 359912 9/15/22 248.80 SAN DIEGO MIRAMAR COLLEGE TRAINING ROT SANCHEZ AND SPORTELLI 359913 9/15/22 46.00 SAN DIEGO MIRAMAR COLLEGE TRAINING ROT ORTIZ AND PIERSON 359914 9/15/22 46.00 SAN DIEGO MIRAMAR COLLEGE TRAINING ROT FERNANDEO AND STANICH 359915 9/15/22 46.00 SAN DIEGO MIRAMAR COLLEGE TRAINING ROT FOR PAUU 359916 9/15/22 23.00 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 359917 9/15/22 1,649.75 SHRED-IT JULY MONTHLY SERVICE FOR SECTION 8 DEPT 359918 9/15/22 252.24 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES PW 359919 9/15/22 471.49 SMART & FINAL MOP 45756 SMART & FINAL YOUTH SNACKS / CSD 359920 9/15/22 334.46 STAPLES BUSINESS ADVANTAGE MOP #45704/OFFICE SUPPLIES/HR 359921 9/15/22 2,308.08 STC TRAFFIC CIP 19-22 HSIP CITY PROTEC LEFT TURN - ENG 359922 9/15/22 407.13 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2023 359923 9/15/22 251.72 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 359924 9/15/22 14,721.05 THE EPOCH TIMES PUBLIC NOTICES - ELECTION ADS - CHINESE 359925 9/15/22 170.00 THE FILIPINO PRESS INC PUBLIC NOTICING - ELECTION - FILIPINO PR 359926 9/15/22 1,280.00 THE STAR NEWS PUBLIC NOTICING - STAR NEWS 359927 9/15/22 1,042.94 TRANS-LANG TRANSLATION SERVICES - TRANS-LANG 359928 9/15/22 3,622.25 TRI-GROUP CONSTRUCTION AND DEV CIP 19-04 SAFE ROUTES TO SCHOOL - ENG/PW 359929 9/15/22 83,584.02 U S BANK CREDIT CARD PYMT FOR J MATLOCK/FIRE 359930 9/15/22 1,310.93 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2023 359931 9/15/22 465.83 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES- PW 359932 9/15/22 633.00 VASQUEZ TRAINING POST AND ADV LDG SUB 359933 9/15/22 495.90 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR FIRE STATIONS 359934 9/15/22 2,564.83 WHITAKER BROTHERS RIBBON 5650 PURPLE 359935 9/15/22 60.68 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 359936 9/15/22 36.21 A/P Total 643,898.92 WIRED PAYMENTS SDG&E UTILITIES FOR NUTRITION 486875 9/14/22 3,141.68 SDG&E UTILITIES FOR NUTRITION 486887 9/14/22 495.43 CITY NATIONAL BANK CNC LEASE PAYMENT #50 34977 9/15/22 43,101.10 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 8/23/22 - 9/5/22 220915 9/15/22 268,747.78 GRAND TOTAL 959,384.91$ 2/2Page 196 of 218 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Warrant Register #12 for the period of 9/16/22 through 9/22/22 in the amount of $1,346,098.20. RECOMMENDATION: Ratify Warrants Totaling $1,346,098.20 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 9/16/22 – 9/22/22. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation ***NO WARRANTS OVER $50,000.00 FOR THIS PERIOD*** FINANCIAL STATEMENT: Warrant total $1,346,098.20 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Warrant Register No. 12 Page 197 of 218 PAYEE DESCRIPTION CHK NO DATE AMOUNT ADMINSURE INC WORKERS' COMPENSATION CLAIMS - OCTOBER 359939 9/22/2022 8,353.00 ALLSTAR FIRE EQUIPMENT INC LION HD395142 REDZONE /FIRE 359940 9/22/2022 2,240.25 APS LIGHTING & SAFETY PRODUCTS 1960, SIGNAL-STAT, LED, RED 359941 9/22/2022 37.60 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 359942 9/22/2022 2,109.42 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 359943 9/22/2022 91.17 BENTLEY SYSTEMS, INCORPORATED BENTLEY OPENROADS SIGNCAD 359944 9/22/2022 976.00 BOOT WORLD MOP 64096 BOOT WORLD / NSD 359945 9/22/2022 127.22 CALIFORNIA DIESEL COMPLIANCE UNIT 80 MILEAGE: 5137~ 359946 9/22/2022 480.00 CAMACHO ADV LODGING SUBSISTENCE PRC T2672 359947 9/22/2022 217.91 CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES PW 359948 9/22/2022 58.30 CORODATA RECORDS FILE STORAGE - CORODATA 359949 9/22/2022 52.50 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 359950 9/22/2022 536.75 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT RESULTS - AUGUST 359951 9/22/2022 320.00 DOCUSIGN, INC. DOCUSIGN ESIGNATURE RENEWAL 6/28/22 - 359952 9/22/2022 4,830.00 ESGIL LLC PLAN CHECKS FOR FIRE DEPT, FY 2023 359953 9/22/2022 769.50 FEDEX EMPLOYEE WORKERS' COMP CHECK 359954 9/22/2022 44.53 FIRE ETC FIRE SAFETY STATION BOOTS/FOOTWEAR-FIRE 359955 9/22/2022 759.08 FUSTON ADV LDG SUB PRC T2700 - DUI DETECTION 359956 9/22/2022 485.52 GARCIA REIMBURSEMENTS FOR MEAL AND MILEAGE 359957 9/22/2022 248.40 GRANICUS GRANICUS ANNUAL RENEWAL~ 359958 9/22/2022 18,761.34 LASER SAVER INC LASER SAVER MOP FY23 359959 9/22/2022 695.78 MELLADO DESIGNS POLOS MELLADO / NSD 359960 9/22/2022 191.60 MTS MTS FLAGGING SERVICES FOR FY23 / NSD 359961 9/22/2022 139.36 NATIONAL CITY TROPHY NAME PLATE-NC TROPHY MOP 66556 359962 9/22/2022 43.17 NGUOI VIET TODAY NEWS ELECTION PUBLIC NOTICE - NGUOI VIET 359963 9/22/2022 30.00 NV5 INC T&A 90572 - 2010 HAFFLEY AVE - ENG/PW 359964 9/22/2022 8,070.00 OFFICE SOLUTIONS BUSINESS OFFICE SOLUTIONS-MOP 83778 359965 9/22/2022 115.85 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES PW 359966 9/22/2022 26.08 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES PW 359967 9/22/2022 31.39 PERRY FORD-NATIONAL CITY LLC DG1Z 8501 D: PUMP ASY - WATER 359968 9/22/2022 1,668.87 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES PW 359969 9/22/2022 2,860.19 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES PW 359970 9/22/2022 447.08 SCHOR VOGELZANG & CHUNG LLP PROFESSIONAL SERVICES / CAO 359971 9/22/2022 16,850.50 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 359972 9/22/2022 4,373.22 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR FY23 359973 9/22/2022 6,670.85 SHRED IT USA FILE DESTRUCTION - SHRED IT 359974 9/22/2022 963.90 SO CAL PPE, LLC TURNOUT COAT AND PANTS CLEANING /FIRE 359975 9/22/2022 121.24 SPOK INC SPOK METROCALL PAGING FY23 359976 9/22/2022 673.00 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES / CAO 359977 9/22/2022 281.33 STARTECH COMPUTERS STARTECH COMPUTERS MOP FY23 359978 9/22/2022 1,000.86 SWAGIT PRODUCTION LLC SWAGIT WEBCAST FOR FY23 359979 9/22/2022 1,920.83 SWEETWATER AUTHORITY WATER BILL / WASTEWATER FY 2023 359980 9/22/2022 287.32 T MAN TRAFFIC SUPPLY STA-RITE 78" WHITE SIGN POST / PW 359981 9/22/2022 407.24 TELLEZ ADV LODGING SUBSISTENCE T2663 359982 9/22/2022 1,240.20 THE STAR NEWS PUBLIC NOTICING - STAR NEWS 359983 9/22/2022 837.93 THOMSON REUTERS WEST THOMSON REUTERS WEST / CAO 359984 9/22/2022 578.54 U S BANK CREDIT CARD STATEMENT - CMO 359985 9/22/2022 476.75 WARRANT REGISTER # 12 9/22/2023 1/2Page 198 of 218 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 12 9/22/2023 VISION SERVICE PLAN AUGUST 2022 - VISION SERVICE PLAN (CA) 359986 9/22/2022 814.59 WILLY'S ELECTRONIC SUPPLY ELECTRONICS ACCESSORIES 359987 9/22/2022 78.15 Z A P MANUFACTURING INC BLANKS W 1 1/2" R/C NO HOLES 359988 9/22/2022 1,070.00 A/P Total 94,464.31 WIRED PAYMENTS PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - SEPTEMB 792458 9/16/2022 597.74 SECTION 8 HAPS Start Date End Date 9/16/2022 9/22/2022 29,390.00 PAYROLL Pay period Start Date End Date Check Date 20 9/6/2022 9/19/2022 9/28/2022 1,221,646.15 GRAND TOTAL 1,346,098.20 2/2Page 199 of 218 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Warrant Register #13 for the period of 9/23/22 through 9/29/22 in the amount of $1,170,264.82 RECOMMENDATION: Ratify Warrants Totaling $1,170,264.82 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 9/23/22 – 9/29/22. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Bureau Veritas 360050 262,778.58 Plan Review Services / Building ESGIL LLC 360058 95,585.52 Plan Review Services for FY 23 Health Net Inc 360063 80,846.28 Grp# R1192A – October 2022 Mile of Cars Assoc 360067 55,133.70 FY22 / Landscape Maintenance Services Public Emp Ret Syst 220929 269,987.16 Service Period 9/6/22 – 9/19/22 FINANCIAL STATEMENT: Warrant total $1,170,264.82 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Warrant Register No. 13 Page 200 of 218 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACE UNIFORMS & ACCESSORIES INC ACE EMB PATCH W/ VELCRO / NSD 359989 9/29/22 32.33 ACME SAFETY & SUPPLY CORP 10' X 1 3/4 UNI POST ~ 359990 9/29/22 371.65 AMAZON SENIOR PROGRAMING RECREATION SUPPLIES 359991 9/29/22 573.25 AMAZON SENIOR CRAFT SUPPLIES 359992 9/29/22 315.12 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 359993 9/29/22 15,237.31 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 359994 9/29/22 490.50 BROADWAY AUTO GLASS OFF-SITE WINDOW TINT & REPAIR / PW 359995 9/29/22 512.48 CAL PACIFIC TRUCK CENTER, LLC GLASS,KIT,CNVX MIRR AND MNTNG / PW 359996 9/29/22 95.71 CDWG CYLANCE ANTIVIRUS DESKTOP ANTIVIRUS 359997 9/29/22 25,085.07 CHRISTENSEN & SPATH LLP CDC-HA AGREEMENT / HOUSING 359998 9/29/22 172.25 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 359999 9/29/22 6,400.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 360000 9/29/22 2,164.38 DE LAGE LANDEN DLL 20 SHARP COPIERS LEASE FOR FY23 360001 9/29/22 2,939.63 DEPT OF JUSTICE AUGUST FINGERPRINTING 360002 9/29/22 454.00 DEVANEY PATE MORRIS & CAMERON ATTORNEY SERVICES 360003 9/29/22 20,677.50 ESCRIBE SOFTWARE LTD. ESCRIBE DIGITAL READINESS BUNDLE 360004 9/29/22 28,386.80 EXPRESS PIPE AND SUPPLY CITYWIDE PLUMBING PARTS, MATERIALS TOOL 360005 9/29/22 3,507.68 FBI NATIONAL ACADEMY G. YOUNG / A. HERNANDEZ MEMBERSHIP DUES 360006 9/29/22 250.00 FERNANDO TRAINING ADV LDG PEER SUPPORT 360007 9/29/22 397.02 GIL REIMB: SUPPLIES FOR WATCH COMMANDER 360008 9/29/22 71.28 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT PURCHASES 360009 9/29/22 166.53 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDING 360010 9/29/22 7,967.71 HOSE AUTOMOTIVE IND- HOSE - ASSY ) EA- 2-1/2" X 36 FEET 360011 9/29/22 1,026.82 HUDSON SAFE-T-LITE 3/4 X 100' ROLL BANDING 360012 9/29/22 498.49 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING 360013 9/29/22 602.72 KASEYA US LLC KASEYA PSA SEVICE DESK 360014 9/29/22 4,877.94 MES CALIFORNIA SILV-EX PLUS FOAM CONCNTRTE 5 GAL/FIRE 360015 9/29/22 1,606.62 NATIONAL CITY CHAMBER CM- 00018 - GOLF TOURNAMENT 360016 9/29/22 1,000.00 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 360017 9/29/22 485.00 NTT AMERICA, INC SMARTNET SOFTWARE~ 360018 9/29/22 16,597.35 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES PW 360019 9/29/22 65.74 PACIFIC PRODUCTS & SERVICES SUPPLIES FOR PW 360020 9/29/22 1,427.34 PARTS AUTHORITY METRO LLC XX 16835 PARTS PULLED 360021 9/29/22 570.73 PENSKE FORD R&M CITY VEHICLES FY 2023 360022 9/29/22 84.14 PORAC RESERVE OFFICER MEMBERSHIP 360023 9/29/22 36.00 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES PW 360024 9/29/22 1,606.45 PROFESSIONAL SEARCH GROUP LLC TEMPORARY SERVICES - EMILY PORTES 360025 9/29/22 1,457.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES PW 360026 9/29/22 180.29 RADY CHILDREN'S HOSPITAL SAN DIEGO SART EXAM 360027 9/29/22 1,100.00 S D COUNTY SHERIFF'S DEPT JULY RANGE USE 360028 9/29/22 1,150.00 SAF COLLISION CENTER LABOR 360029 9/29/22 1,502.00 SAN DIEGO MECHANICAL ENERGY PREVENTATIVE MAINTENANCE FOR HVAC 360030 9/29/22 508.00 SMART & FINAL MOP 45756 SENIOR SATURDAYS AND TEEN SUPP 360031 9/29/22 337.63 SONSRAY MACHINERY LLC VALVE HYDRAULIC / PW 360032 9/29/22 8,448.22 SOUTHWEST SIGNAL SERVICE STREET LIGHTING SERVICES / PW 360033 9/29/22 44,460.74 STANICH TRAINING ADV SUB PEER SUPPORT 360034 9/29/22 397.02 STAPLES BUSINESS ADVANTAGE MOP 45704 SUPPLIES FOR SENIOR SATURDAYS 360035 9/29/22 37.51 WARRANT REGISTER # 13 9/29/2022 1/2Page 201 of 218 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 13 9/29/2022 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2023~ 360037 9/29/22 716.10 TECHNOLOGY INTEGRATION GROUP MISC MIS EQUIP 360038 9/29/22 110.93 TERMINIX INTERNATIONAL CITY FACILITIES ONGOING PEST CONTROL 360039 9/29/22 1,233.00 THE COUNSELING TEAM AUGUST SUPPORT FEE 360040 9/29/22 800.00 THE COUNSELING TEAM INTERNATIONAL TRAINING BASIC PEER SUPRT STANICH/FERNAN 360041 9/29/22 598.00 T-MOBILE MOBILE USA INC. GPS LOCATE CASE # 2227310 360042 9/29/22 25.00 TURF STAR INC LH SPINDLE ASM 107-2942-03 360043 9/29/22 432.67 U S BANK AUGUST US BANK STATEMENT - CSD 360044 9/29/22 47.88 VCA EMERGENCY ANIMAL HOSPITAL STRAY ANIMAL CARE 360045 9/29/22 5,895.52 VORTEX INDUSTRIES INC CITYWIDE ON-SITE SERVICE & REPAIRS 360046 9/29/22 28,712.10 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELETRIC SUPPLIES PW 360047 9/29/22 197.15 WSP USA INC FOCUSED GENERAL PLAN UPDATE 360048 9/29/22 33,015.40 ASSI SECURITY INC PROVIDE SECURITY SERVICES AND REPAIRS 360049 9/29/22 8,850.00 BUREAU VERITAS N AMERICA INC PLAN REVIEW SERVICES /BUILDING 360050 9/29/22 262,778.58 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS 360051 9/29/22 270.00 COUNTY OF SAN DIEGO LAFCO COST FOR FY 23 360052 9/29/22 23,354.44 DELTA DENTAL INSURANCE CO OCTOBER 2022 GRP #05-7029600000 360053 9/29/22 1,945.19 DELTA DENTAL INSURANCE CO OCTOBER 2022 - GRP #05-7029600002 360054 9/29/22 211.44 DELTA DENTAL OF CALIFORNIA OCTOBER 2022 GRP #05-0908600000 360055 9/29/22 14,211.78 DELTA DENTAL OF CALIFORNIA OCTOBER 2022 - GRP #05-0908601002 360056 9/29/22 45.22 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES 360057 9/29/22 17,627.10 ESGIL LLC PLAN REVIEW SERVICES ESGIL FOR FY 23 360058 9/29/22 95,585.52 HEALTH NET GRP #N7176A - OCT 2022 360059 9/29/22 1,884.24 HEALTH NET GRP #N7176F - OCTOBER 2022 360060 9/29/22 1,646.41 HEALTH NET GRP #N7177A - OCTOBER 2022 360061 9/29/22 1,277.44 HEALTH NET GRP #R1192R-OCTOBER 2022 360062 9/29/22 857.33 HEALTH NET INC GRP #R1192A - OCTOBER 2022 360063 9/29/22 80,846.28 HEALTH NET INC GRP #LB439A - OCTOBER 2022 360064 9/29/22 6,191.32 HEALTH NET INC GRP #LB439F - OCTOBER 2022 360065 9/29/22 735.61 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 360066 9/29/22 3,645.00 MILE OF CARS ASSOCIATION FY22 / LANDSCAPE MAINTENANCE SERVICES 360067 9/29/22 55,133.70 NATIONAL CITY TROPHY MOP #66556/EMPLOYEE OF THE QUARTER/HR 360068 9/29/22 428.48 OFFICE SOLUTIONS BUSINESS MOP OFFICE SUPPLIES FOR SECTION 8 DEPART 360069 9/29/22 1,039.76 PROFESSIONAL SEARCH GROUP LLC TEAM STAFF-DANIEL GONZALEZ 360070 9/29/22 1,780.00 SHRED-IT SEPTEMBER 2022 MONTHLY SERVICE FOR SEC8 360071 9/29/22 121.73 SILVER & WRIGHT LLP LEGAL SERVICES / CAO 360072 9/29/22 5,856.00 THE LINCOLN NATIONAL LIFE INS GRP #415491 -SEPTEMBER 2022 360073 9/29/22 8,750.49 VISION SERVICE PLAN SEPT 2022 - VISION SERVICE PLAN (CA) 360074 9/29/22 828.90 WOODRUFF, SPRADLIN & SMART APC RSWA- LEGAL AND GEN MANAGER SVCS 360075 9/29/22 23,510.00 WOODRUFF, SPRADLIN & SMART APC RSWA - CONSULTING SERVICES AUGUST 2022 360076 9/29/22 2,750.00 A/P Total 900,277.66 WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 9/6/22 - 9/19/22 220929 9/29/22 269,987.16 GRAND TOTAL 1,170,264.82$ 2/2Page 202 of 218 AGENDA REPORT Department: Community Development Prepared by: Martin Reeder, AICP, Planning Manager Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Public Hearing and Introduction of an Ordinance Amending Section 18.30.310 (Tattoo Parlors and Body-Piercing Establishments) of Title 18 (Zoning) of the National City Municipal Code related to the location of tattoo and body-piercing establishments. RECOMMENDATION: Introduce the Ordinance BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Planning Commission recommended amending NCMC 18.30.310 as proposed. EXPLANATION: Section 18.30.310 (Tattoo parlors and body-piercing establishments) of Title 18 (Zoning) of the National City Municipal Code, states as follows: A. Restrictions. 1. No tattoo or body piercing establishment shall be located within one -mile of another such establishment. 2. Tattoo parlors and body-piercing establishments shall be located no less than 1,000 feet from a church, school, or playground. 3. Tattoo parlors and body-piercing establishments shall be no closer than two hundred fifty feet from a residential zone. 4. No tattoo and body-piercing establishments shall be located east of Interstate 805. 5. A Conditional Use Permit is required. The Council initiated a Code Amendment related to the prohibition of tattoo shops east of Interstate 805 at their meeting of September 20, 2022. The b usiness owner initiating the discussion of amendment is interested in leasing a commercial suite in Westfield Plaza Bonita, but was prevented from applying for a Conditional Use Permit (CUP) due to Section 18.30.310 A. 4. Page 203 of 218 Proposed Changes Staff is recommending amending Section 18.30.310 A. 4. To read as follows: 4. No tattoo and body-piercing establishments shall be located east of Interstate 805 except within the MXD -2 zone. Analysis The areas of the City east of I-805 that are zoned MXD-2 (Major Mixed-Use District) are as follows:  Westfield Plaza Bonita  North side of Sweetwater Road at Cypress Street (Super 8 Hotel, 7-Eleven)  Both sides of Plaza Blvd. between I-805 and Euclid Avenue  Approximate 3 by 4 block area east of Paradise Valley Hospital between East 4th and 8th Streets Due to the other distance requirements (i.e. 250 feet from residential zones, 1,000 feet from a school), the only MXD-2 zoned area east of I-805 that would allow for a tattoo shop would be Westfield Plaza Bonita. Findings There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA). General Plan Conformance The requested amendment to this section is consistent with the General Plan, in that tattoo and body-piercing establishments are already permitted in the MXD-2 zones elsewhere in the City. There is no regulation at the local, state, or federal level that prohibits tattoo and body-piercing establishments from a specific geographic area (i.e. east of I-805). It is also unknown why such a restriction was applied in the first place. A tattoo and body-piercing establishment is a commercial use in a commercial zone, which would be consistent with land use policies in the General Plan. CEQA Compliance This application is not considered to be a project under CEQA as any changes would either be in relation to discretionary projects that have their own CEQA review. Being that a tattoo or body- piercing establishment is a commercial use that would function within an existing commercial suite, it would most likely qualify for a CEQA exemption under the CUP process application process. Summary Staff is recommending the change to the City’s Municipal Code related to tattoo parlors and body- piercing establishments. Section 18.30.310 still requires a CUP for such an establishment. Therefore, approval of this Code Amendment in and of itself would not authorize any new businesses. The Planning Commission held a public hearing on the item at their meeting of October 17, 2022, at which time they recommended approval of the proposed amendment. Page 204 of 218 FINANCIAL STATEMENT: Not Applicable RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: First Reading EXHIBITS: Ordinance Page 205 of 218 ORDINANCE NO. 2022 – AN ORDINANCE AMENDING SECTION 18.30.310 (TATTOO PARLORS AND BODY- PIERCING ESTABLISHMENTS) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO THE LOCATION OF TATTOO AND BODY-PIERCING ESTABLISHMENTS WHEREAS, the City of National City (the “City”), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, on October 17, 2022, a noticed public hearing was held by the Planning Commission, and all persons interested were given the opportunity to appear and be heard before the National City Planning Commission; and WHEREAS, the Planning Commission regularly and duly certified its report to the City Council of National City and has recommended approval of amending NCMC Title 18; and WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on November 1, 2022, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: Section 1. Section 18.30.310 (Tattoo Parlors and Body-Piercing Establishments) is hereby amended to read as follows: 18.30.310 – Tattoo parlors and body-piercing establishments A. Restrictions. 1. No tattoo or body-piercing establishment shall be located within one -mile of another such establishment. 2. Tattoo parlors and body-piercing establishments shall be located no less than 1,000 feet from a church, school, or playground. Page 206 of 218 Tattoo & Body-Piercing Establishments Ordinance Ordinance No. 2022 - ____ NCMC Chapter 18.30.310 (Date) 2 of 2 3. Tattoo parlors and body-piercing establishments shall be no closer than two hundred fifty feet from a residential zone. 4. No tattoo and body-piercing establishments shall be located east of Interstate 805 except within the MXD -2 zone. 5. A Conditional Use Permit is required. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 3. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California . PASSED and ADOPTED this 15th day of November, 2022. __________________________ Alejandra Sotelo-Solis, Mayor ATTEST: _____________________________ Luz Molina, City Clerk APPROVED AS TO FORM: _______________________________ Barry J. Schultz, Interim City Attorney Page 207 of 218 AGENDA REPORT Department: Housing Authority Prepared by: Carlos Aguirre, Director Meeting Date: Tuesday, November 1, 2022 Approved by: Brad Raulston, City Manager SUBJECT: Public hearing and introduction of an Ordinance of the City Council of the City of National City, California, amending Title 9 of the National City Municipal Code by adding Chapter 9.64 pertaining to Mobilehome Park Rent Stabilization. RECOMMENDATION: Introduce the Ordinance and conduct the Public Hearing. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The ongoing housing crisis affecting National City has been exacerbated by the negative economic effects of COVID-19 and the increase of homelessness throughout the region. The County of San Diego recently declared a public health crisis due to the rapid increase in homelessness on September 22, 2022. The National City City Council has received numerous comments and complaints regarding significant rent increases on mobilehome space rents. The supply of mobilehome parks is very limited in National City, wit h little to no vacancies advertised at most mobilehome parks. The limited supply of such spaces and mobilehomes contributes to escalating rents in a manner that would, in absence of regulation, result in the elimination of mobilehomes as a source of affordable housing for seniors, veterans, and families. The State of California’ Mobilehome Residency Law (“MRL”), found in California Civil Code Section 798 establishes the rights and responsibilities of homeowners and park management including the terms and conditions for tenancies. The MRL was recently amended by Assembly Bill 978 which prohibits management of a qualified mobilehome park from increasing the gross rental rate for a tenancy for a mobilehome space more than 3% plus the percentage change in the cost of living, as defined, or 5%, whichever is lower, of the lowest gross rental rate charged at any time during the immediately preceding 12 months. Assembly Bill 978 also prohibits management of a qualified mobilehome park from increasing the gross rent al rate for a tenancy in more than 2 increments over a 12-month period, after the tenant maintains a tenancy over a 12-month period. The State’s law defines “qualified mobilehome park” as a mobilehome park that is located within and governed by the jurisdiction of two or more incorporated cities. National City has four mobilehome parks with one park currently covered by the rent cap implemented by AB 978 since a portion of the park is located in City of San Diego and a portion in National City. Page 208 of 218 National City Mobilehome Parks Mobilehome Park Name Address Approx. No. of Spaces AB 978 Qualified Mobilehome Park Bonita Paradise 3131 Valley Road, National City 167* Yes Bonita Vista 2621 Sweetwater Road, National City 87 No Happy Hollow 999 E. Division Street, National City 90 No Keystone 3221 National City Blvd., National City 91 No *approximately half of the total units are in the City of National City There are six jurisdictions in County of San Diego that have ordinances regulating rent in mobilehome parks. The most recent ordinance was adopted by emergency by the City of Imperial Beach on October 5, 2022 and does not allow rent to be increased more than 3% during the term of the ordinance. The term of the ordinance for Imperial Beach would end 60 days after the end of the local COVID-19 emergency or the County of San Diego’s declaration of a public health crisis due to the rapid increase in homelessness, whichever occurs first. Mobile Home Rent Stabilization Ordinances in San Diego County City Year of Ordinance No. of Mobile Home Parks No. of Units Rent Cap Structure Chula Vista 1997 30 3414 100% CPI < 3%, 75% CPI > 3% Escondido 1988 30 3185 Board/ Commission Review Imperial Beach 2022 * * 3% cap during State of Emergency Oceanside 1982 20 2401 100% CPI, 8% cap San Marcos 1980 12 2312 Board/ Commission Review Santee 1989 11 2004 See Title 2, Chapter 2.44 of Santee Municipal Code *data not available The attached Mobilehome Park Rent Stabilization Ordinance (“Ordinance”) for City Council’s consideration would implement the rent cap adopted by the State of California to mobilehome parks in National City not currently regulated by the provisions of AB 978. The Ordinance would prohibit management of a mobilehome park from increasing the gross rental rate for a tenancy for a mobilehome space more than 3% plus the percentage change in the San Diego Metropolitan Area U (broader base) Consumer Price Index, as defined, or 5%, whichever is lower, from the lowest gross rental rate charged at any time during the immediately preceding 12 months. The Ordinance would not allow the rent to be increased more than two times in any 12-month period during the term of the Ordinance. The Ordinance also provides for both civil and criminal remedies if rent in excess of the maximum rent allowable is collected. The Ordinance would be retroactive to July 1, 2022 and rent increases occurring on or after July 1, 2022 would have to be in conformance with the Ordinance. The Ordinance serves as a temporary relief measure for two years and would expire on June 30, 2024. The second reading and adoption of the Ordinance is scheduled for November 15, 2022. FINANCIAL STATEMENT: There is no financial impact to the City. Page 209 of 218 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Housing and Community Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: First Reading EXHIBIT: Exhibit A - Ordinance Page 210 of 218 Attachment No. 1 Introduction of Ordinance 1 ORDINANCE NO. 2022 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.64 PERTAINING TO MOBILEHOME PARK RENT STABILIZATION NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. FINDINGS. The City Council of the City of National City hereby finds and declares as follows: WHEREAS, The City Council finds that there is a severe housing crisis within the City of National City and on September 27, 2022, the County of San Diego voted to unanimously to declare a public health crisis for homelessness throughout the County of San Diego; and WHEREAS, the housing crisis has been exacerbated by the COVID-19 outbreak and further substantial and long term economic impacts caused by COVID-19 and the County public health crisis on homelessness are anticipated, leaving tenants vulnerable to eviction and rent increases; and WHEREAS, a tenant’s sudden and immediate displacement caused by an eviction or unsustainable rent increase can have a profound impact in the financial, emotional, physical health, and professional stability of a tenant’s life, which impacts are compounded by the ongoing COVID-19 emergency and County public health crisis on homelessness; and WHEREAS, the City Council finds that there is presently, within the City of National City, a shortage of rental spaces for the location of mobilehomes, and an inadequate number of mobilehome rental spaces to meet the total demand in this City for those spaces; and WHEREAS, the City Council further finds that the unique nature of the ownership of a mobilehome within a mobilehome park makes mobilehome owners particularly vulnerable to the threat of loss of their investment in their mobilehome. Due to the high cost of moving mobilehomes; the potential for damage resulting from moving mobilehomes; the requirements for installing a mobilehome, including permits, landscaping and site preparation; the lack of alternative mobilehome spaces for mobilehome owners; and the substantial investment mobilehome owners make in their coaches, mobilehome owners lack the ability to move their mobilehomes without a substantial loss in their investment. This lack of mobility, coupled with a shortage of rental spaces, provides park owners with the ability to establish excessive and unconscionable rents which, if unregulated, would result in the impairment of a mobilehome owner’s investment in their home; and Page 211 of 218 Attachment No. 1 Introduction of Ordinance 2 WHEREAS, the City Council further finds that the limited supply of mobilehome rental spaces available in this City would, in the absence of space rent regulation, allow for an unconscionable loss of the resale value of mobilehomes by existing mobilehome park residents; and WHEREAS, The City Council further finds that mobilehomes comprise a significant form of housing available within the City of National City and can be a more affordable housing choice than single-family homes. The City Council finds that the supply of both mobilehome spaces and mobilehomes available for rent is not adequate to meet the demand, and that as a result, the limited supply of such spaces and mobilehomes contributes to escalating rents in a manner that would, in the absence of regulation, result in the elimination of mobilehomes as a more affordable housing choice; and WHEREAS, the City Council further finds that many of National City’s mobile home owners are seniors, veterans, and families seeking an affordable community environment in which to live; and WHEREAS, the City has been informed that, in at least one case, a mobilehome landlord has given notices of rent increases of 14% or more. These proposed rent increases would affect at least – units which are occupied by and thus disproportionately impact older Americans, persons with disabilities and low income families. NOW THEREFORE, it is the intent of the City Council in enacting this ordinance to protect mobilehome owners and mobile home park residents in mobilehome parks from excessive and unconscionable rent increases during the COVID-19 health crisis and the resulting economic uncertainties. SECTION 2. Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.64 to read as follows: Chapter 9.64 MOBILEHOME PARK RENT STABILIZATION ORDINANCE 9.64.010 Purpose 9.64.020 Definitions 9.64.030 General Applicability and Exemptions 9.64.040 Retroactivity and Rent Rollback 9.64.050 Annual Permissive Rent Increases and Notices of CPI Page 212 of 218 Attachment No. 1 Introduction of Ordinance 3 9.64.060 Mobilehome Residents Right of Refusal 9.64.070 Retaliatory Eviction 9.64.080 Civil Remedies 9.64.090 Criminal Remedies 9.64.100 Severability 9.64.110 Sunset Provision 9.64.010 Purpose. A. The City Council intends by this chapter to protect mobilehome owners and mobile home park residents in mobilehome parks from excessive and unconscionable rent increases. B. The City Council intends by this chapter: 1. To prevent existing mobilehome owners, who are rendered largely incapable of moving their mobilehomes without suffering a substantial loss in their value, from loss of their investment and the resale value of their mobilehomes due to the fact that a new mobilehome resident is being charged excessive rents; 2. To protect and promote the availability of mobilehomes as a more affordable housing choice; and 3. To avoid immediate displacement caused by an eviction or unsustainable rent increases during the COVID-19 health crisis. 9.64.020 Definitions. Words used in this chapter shall have the meaning described to them in this section: A. “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. As used in this chapter, “mobilehome” has the same meaning as California Civil Code Section 798.3. B. “Manufactured home” is a unit built post June 15, 1976, that meets U.S. Department of Housing and Urban Development (HUD) specifications. The term “manufactured home” for the purpose of this chapter only shall be synonymous with the term “mobilehome.” Page 213 of 218 Attachment No. 1 Introduction of Ordinance 4 C. “Mobilehome space” means a portion of a mobilehome park designated or used for the occupancy of one mobilehome. D. “Mobilehome park” or “park” is an area of land where two or more mobilehomes or mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation. E. “Mobilehome park owner” or “owner” means and includes the owner, lessor, operator, or manager of a mobilehome park. F. “Mobilehome owner” means a person who owns a mobilehome which is legally located in a mobilehome space within a mobilehome park in the City of National City. G. “Mobilehome resident” or “resident” means a person who occupies a mobilehome in a mobilehome park in the City of National City as a primary residence by virtue of having a rental agreement. “Mobilehome resident” or “resident” is inclusive of a mobilehome owner. H. “Rent” means the consideration, including any bonus, benefit or gratuity, demanded or received in connection with the use and occupancy of a mobilehome or mobilehome space in a mobilehome park, including services, or in connection with the transfer of a lease for a mobilehome space or the subleasing of a mobilehome space. “Rent” shall not include amounts paid by residents for such separately metered utilities or services, as provided in California Civil Code Section 798.41, or any separate charge for those fees, assessments or costs which may be charged to mobilehome residents pursuant to the California Civil Code. I. “Consumer Price Index” or “CPI” means the All Urban Consumers/All Items component of the San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by the Bureau of Labor Statistics. If the United States Bureau of Labor Statistics does not publish the San Diego Metropolitan Area U (broader base) Consumer Price Index or there is no alternative CPI All Urban Consumers/All Items index published by the Bureau of Labor Statistics that applies to National City, CPI will be be defined as the California Consumer Price Index for All Urban Consumers for All Items as published by the California Department of Industrial Relations. F. “Percentage Change in CPI” means the percentage change in the CPI as defined above and computed as follows: For rent increases that take effect before August 1 of any calendar year, the following shall apply: (1) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. (2) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. Page 214 of 218 Attachment No. 1 Introduction of Ordinance 5 For rent increases that take effect on or after August 1 of any calendar year, the following shall apply: (1) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year. (2) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year The percentage change shall be rounded to the nearest one-tenth of 1 percent. 9.64.030 General applicability and exemptions. This chapter shall apply to all mobilehome parks, mobilehome park owners, mobilehome residents and mobilehomes in mobilehome parks within the City of National City, unless otherwise exempted by state law or the provisions of this chapter. This chapter shall not apply to leases for a term exceeding one year which are exempted by California Civil Code Section 798.17, so long as such leases contain all the required provisions for exemption, including a statement in the first sentence of the first paragraph, in at least 12 point type or capital letters, giving notice to the mobilehome resident that, by entering into the lease, the rent control provisions of this ordinance will be automatically superseded by the lease provisions regarding rent and rent increases. 9.64.040 Retroactivity and rent rollback This ordinance is retroactive to July 1, 2022 and any rent increases occurring on or after July 1, 2022 shall be in conformance with this ordinance. 9.64.050 Annual Permissive Rent Increases and Notices of CPI A. Subject to subdivision (B), of this section management shall not over the course of any 12 month period, increase the gross rental rate for a tenancy in a mobile home park more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for tenancy at any time during the 12 months prior to the effective date of the increase. B. If the same homeowner maintains a tenancy over any 12 month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this chapter governing gross rental rate increase. Page 215 of 218 Attachment No. 1 Introduction of Ordinance 6 C. For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobile home space, management may establish the initial rental rate not subject to subdivision (A). Subdivision (A) shall be applicable to subsequent increases after that initial rental rate has been established. D. Management shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each homeowner in accordance with Civil Code Section 798.30. 9.64.060 Mobilehome residents right of refusal A mobilehome resident may refuse to pay any increase in rent which is in violation of the chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobile home space or to collect a rent increase. 9.64.070 Retaliatory eviction In any action brought to recover possession of a mobile home or mobile home space, the court shall consider as grounds for denial any violation of this chapter. Further the determination that the action was brought in retaliation for the exercise of any rights conferred by this chapter shall be grounds for denial. 9.64.080 Civil remedies. A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to the person upon whom the demand was made or from whom the rent was accepted in an amount of up to triple the amount of such improperly collected rent, and for such reasonable attorney’s fees and costs as may be determined by the court. 9.64.090 Criminal remedies Any person committing a violation of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provision of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period of six months in jail or by both such fine or imprisonment. The following nonexclusive acts, without limitation due to enumeration, shall constitute a criminal violation of this chapter, including the owner of a park if done by the owner’s agent with the knowledge and consent of the owner: A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by this chapter. Page 216 of 218 Attachment No. 1 Introduction of Ordinance 7 B. Knowingly commencing, or threatening to commence, or maintain an eviction or unlawful detainer proceeding against a resident to for the failure to pay a rent in excess of the amount fixed pursuant to this chapter. 9.64.100 Severability It is the intent of the City Council of the City of National City to supplement applicable state and federal law and not to duplicate or contradict such law, and this Ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of National City hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 9.64.110 Sunset Provision This Chapter shall remain in effect for only two years after its effective date and as of that date is repealed. SECTION 3. Environmental Determination The City Council finds that the adoption and implementation of this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, because this ordinance preserves the status quo and the ability of tenants/mobilehome owners to occupy their rental spaces. SECTION 4. This Ordinance shall take effect and be enforced thirty (30) days following its adoption by the City Council. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law. INTRODUCED at a regular meeting of the City Council of the City of National City, held on this __ day of _______, 2022 Page 217 of 218 Attachment No. 1 Introduction of Ordinance 8 PASSED and ADOPTED this ______ day of ______________, 2022. _____________________________ Alejandra Sotelo-Solis, Mayor ATTEST: ____________________________ Luz Molina, City Clerk APPROVED AS TO FORM: ____________________________ Barry J. Schultz, Interim City Attorney Page 218 of 218