HomeMy WebLinkAbout2022 11-15 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 15, 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
6.PRESENTATION (Limited to Five (5) Minutes each)
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.
7
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.Approval of City Council Meeting Minutes.21
Recommendation:
Approve and file.
9.3.Acceptance of State Library Memory Lab Program Grant 41
Recommendation:
Approve the Resolution Entitled, “Resolution of the City Council of the City of
National City, California, authorizing the City Manager or his designee to accept
the State Library Grant in the amount of $19,340 to fund the National City
Public Library’s Memory Lab Program for Fiscal Year 2023 and authorizing the
establishment of a Library Grant Funds appropriation of $19,340 and a
corresponding revenue budget.”
9.4.Approve Sole Source purchase of California Governor’s Office of Emergency
Services (CalOES) High Frequency Radio for the Emergency Operations
Center (EOC).
89
Recommendation:
Adopt the resolution Entitled, “Resolution of the City Council of the City of
National City, California, Authorizing the Waiving of the Formal Bid Process
Pursuant to NCMC Section 2.60.220(B) for the Sole Source Purchase of a High
Frequency Communications System for the Emergency Operations Center
(EOC) From NVIS Communications, LLC, a Sole Source Vendor Of Codan
Radio Equipment from the California Governor's Office of Emergency Services
(CalOES) Grant for a Not To Exceed Amount of $60,000.”
9.5.Execution of the Notice of Award for the planning phase for the “Community
Economic Adjustment Assistance for Responding to Threats to the Resilience
of a Military Installation” project approved by the U.S. Department of Defense
Office of Local Defense Co
106
Recommendation:
Page 2 of 369
Adopt a Resolution Entitled, "Resolution of the City Council of the City of
National City, California, 1) authorizing the appropriation of $500,000 for the
planning phase for the “Community Economic Adjustment Assistance for
Responding to Threats to the Resilience of a Military Installation” project
approved by the U.S. Department of Defense Office of Local Defense
Community Cooperation; 2) establishing corresponding revenue and
expenditure accounts; and 3) committing to providing a in kind local match of
$56,000; and 4) authorizing the City Manager or designee to execute the
Notice of Award for the projects”.
9.6.Acceptance of Federal Active Transportation Grant funds for the Plans,
Specifications, and Estimate and Right-of-Way phases for the Central
Community Mobility Enhancements project.
113
Recommendation:
1) authorizing the acceptance of Federal Active Transportation Grant funds for
the Plans, Specifications, and Estimate (PS&E) and Right-of-Way (R/W)
phases, for the Central Community Mobility Enhancements Project; 2)
authorizing the establishment of a revenue and expenditure account in the
amount of $148,000; and 3) authorizing the appropriation of funds in amount of
$22,000”.
9.7.Approve the Second Amendment to an Agreement between the City of National
City and Burke, Williams & Sorensen, LLP to provide advice and counsel to the
City’s Civil Service Commission.
122
Recommendation:
Adopt Resolution entitled, “Resolution of the City Council of the City of National
City, California, Approving the Second Amendment to an Agreement between
the City of National City and Burke, Williams & Sorensen, LLP to provide advice
and counsel to the City’s Civil Service Commission by increasing the not-to-
exceed amount by $50,000 for a new total not-to-exceed amount of $100,000
to cover the cost of providing increase scope of services.”
9.8.Approval of Resolution approving the application for California Coastal
Commission Local Coastal Programs (LCP) Local Assistance Grant Program
Funds.
128
Recommendation:
Adopt the Resolution entitled, “Resolution of the City Council of the City of
National City, California, Approving the Application for California Coastal
Commission LCP Local Assistance Grant Program Funds.”
9.9.Installation of a blue curb disabled persons parking space with signage in front
of the residence at 3503 Cagle Street.
142
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of
National City, California, staff recommends the installation of a blue curb
Page 3 of 369
disabled persons parking space with signage in front of the residence at 3503
Cagle Street”.
9.10.Installation of a blue curb disabled persons parking space with signage in front
of the residence at 24 E. 1st Street.
157
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of
National City, California, staff Recommends the Installation of a Blue Curb
Disabled Persons Parking Space with Signage in Front of the Residence at 24
E. 1st Street.
9.11.Installation of a blue curb disabled persons parking space with signage in front
of the residence at 421 Rachael Avenue.
173
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of
National City, California, staff recommends the installation of a blue curb
disabled persons parking space with signage in front of the residence at 421
Rachael Avenue.
9.12.Installation of a blue curb disabled persons parking space with signage in front
of the residence at 920 Pleasant Lane.
190
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of
National City, California, staff recommends the installation of a blue curb
disabled persons parking space with signage in front of the residence at 920
Pleasant Lane.
9.13.Installation of a blue curb disabled persons parking space with signage in front
of the residence at 1623 Harding Avenue.
206
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of
National City, California, staff recommends the installation of a blue curb
disabled persons parking space with signage in front of the residence at 1623
Harding Avenue.
9.14.Installation of a blue curb disabled persons parking space with signage in front
of the residence at 1420 Coolidge Avenue.
222
Recommendation:
Staff recommends the installation of a blue curb disabled persons parking
space with signage in front of the residence at 1420 Coolidge Avenue”.
9.15.Notice of Decision – Planning Commission approval - Conditional use permit for
on-sale beer and wine (ABC license Type 41) at an existing restaurant (Nigeria
Breeze) located at 925 East Plaza Boulevard, Suite 106.
240
Page 4 of 369
Recommendation:
Staff concurs with the decision of the Planning Commission and recommends
that the Notice of Decision be filed. (Case File No.: 2022-29 CUP) (Community
Development – Planning)
9.16.Notice of Decision – Planning Commission approval - Conditional use permit for
off-sale beer and wine (ABC license Type 20) at an existing convenience store
(Real Star Market) located at 925 East Plaza Boulevard, Suite 103.
268
Recommendation:
Staff concurs with the decision of the Planning Commission and recommends
that the Notice of Decision be filed. (Case File No.: 2022-30 CUP) (Community
Development – Planning)
9.17.Warrant Register #14 for the period of 9/30/22 through 10/6/22 in the amount of
$2,717,627.01
299
Recommendation:
Ratify Warrants Totaling $2,717,627.01
9.18.Warrant Register #15 for the period of 10/7/22 through 10/13/22 in the amount
of $825,312.50
304
Recommendation:
Ratify Warrants Totaling $825,312.50
10.PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.
10.1.Public Hearing and Adoption of an Ordinance Amending National City
Municipal Code Section 18 regarding Tattoo Parlors and Body-Piercing
Establishments
307
Recommendation:
Adopt the 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.
10.2.Public hearing and Adoption of an Ordinance of the City Council of the City of
National City,California, amending Title 9 of the National City Municipal Code
by adding Chapter 9.64 pertaining to Mobilehome Park Rent Stabilization.
311
Recommendation:
Conduct a public hearing and consider the ordinance for adoption.
11.STAFF REPORTS
11.1.Update on Legislation regarding Public Meetings: AB 361 and AB 2449 323
Page 5 of 369
Recommendation:
Receive, file and provide staff direction if needed.
11.2.National City Chamber of Commerce Agreement Update 341
Recommendation:
Authorize allocating $25,000 of the existing $50,000 Economic Development
agreement with the Chamber of Commerce to support the formation of a
business/assessment district(s).
12.CITY MANAGER’S REPORT
12.1.POLICY 105 REQUEST - Formation of Environment Health and Justice
Advisory Committee requested by Councilmember Rios
369
Recommendation:
Recommendation: Discussion whether item should be added to future agenda
with a date certain. Provide staff direction.
13.ELECTED OFFICIALS REPORT
14.CITY ATTORNEY REPORT
15.ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, December 6,
2022 - 6:00 p.m. - Council Chambers - National City, California.
Page 6 of 369
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, Deputy City Clerk
Meeting Date: Tuesday, November 15, 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 7 of 369
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 8 of 369
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 9 of 369
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 10 of 369
Page 11 of 369
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 12 of 369
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 13 of 369
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 14 of 369
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 15 of 369
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 16 of 369
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 17 of 369
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 18 of 369
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 19 of 369
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 20 of 369
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, Deputy City Clerk
Meeting Date: Tuesday, November 15, 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:
October 18, 2022 City Council Regular Meeting
November 1, 2022 City Council Special Meeting – Closed Session
November 1. 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 the California Environmental Quality Act 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 – Regular Meeting Minutes October 18, 2022
Exhibit B – Special Meeting Minutes November 1, 2022
Exhibit C – Regular Meeting Minutes November 1, 2022
Page 21 of 369
REGULAR MEETING MINUTES OF THE CITY COUNCIL
October 18, 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 (via Zoom)
Others Present: Brad Raulston, City Manager
Barry Schultz, Interim City Attorney
Frank Parra, Assistant City Manager
Luz Molina, City Clerk
Shelley Chapel, Deputy City Clerk (via Zoom)
Carlos Aguirre, Director of Housing
Phil Davis, Interim Finance Director
Jennifer Gilman, Assistant City Attorney
Alejandro Hernandez, Police Captain
Tonya Hussain, Executive Secretary
Sergio Mora, Fire Battalion Chief
Martin Reeder, Planning Manager
Joyce Ryan, Library & Community Services Director
Armando Vergara, Director of Community Development
David Welch, Associate Planner
Roberto Yano, Director of Public Works and City Engineering
_____________________________________________________________________
Page 22 of 369
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at
6:01 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, Morrison, Rios (via Zoom), Rodriguez
Other Elected Officials present: Molina
Administrative Officials present: Raulston, Schultz, Parra, Chapel (via Zoom), Aguirre,
Davis, Gilman (via Zoom), Hernandez, Hussain, Mora, Reeder, Ryan, Vergara, Welch,
Yano
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 three (3) minutes per comment and introduced City Clerk Molina.
In-person comment:
Matias Garcia
Ted Godshalk
Edward Nieto
Cora Macahilas
Comment received via Zoom:
Becky Rapp
Judith Strang
Barbara Gordon
Kelly McCormick
5. PROCLAMATIONS AND RECOGNITION
6. PRESENTATION (Limited to Five (5) Minutes each)
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes
each)
Mayor Sotelo-Solis reported on a meeting with the Port Authority regarding the Balance
Plan and advised that the discussion would continue to a future meeting.
Page 23 of 369
Vice-Mayor Bush reported on the recent updates and appointments on the Air Pollution
Control District Hearing Board.
Councilmember Morrison reported on the business of the Regional Solid Waste
Association regarding the approved contract with EDCO.
Mayor Sotelo-Solis provided an update on the business of SANDAG and the approved
revenue sharing agreement for the Otay Mesa East Port of Entry.
8. CONSENT CALENDAR
ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rodriguez
to approve the Consent Calendar Items 8.1 through 8.10.
Moved by Morrison
Seconded by Rodriguez
Motion carried by unanimous vote
8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on
this Agenda
Motion carried by unanimous vote
8.2 Approval of City Council Meeting Minutes, 2022-98
Approve and File.
Motion carried by unanimous vote
8.3 Semi-Annual Report – Boards, Commissions, and Committee Attendance Report
Receive and File.
Motion carried by unanimous vote
8.4 Awarding Contract to Ortiz Corporation in a not-to-exceed amount $1,631,274.64
for P1 Sewer Upsize Project- Phase II National City Blvd/30th Street, CIP No. 20-
01 and authorizing a 15% contingency in the amount of $244,691 for any
unforeseen changes.
Approved Resolution No. 2022-162.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, 1) Awarding a Contract to Ortiz Corporation in the not-to-exceed
amount $1,631,274.64 for the P1 Sewer Upsize Project – Phase II National City
Blvd/30th Street, CIP No. 20-01; 2) Authorizing a 15% Contingency in the
amount of $244,691 for any unforeseen changes; and 3) Authorizing the Mayor
to Execute the Contract.
Motion carried by unanimous vote
Page 24 of 369
8.5 Authorize the Purchase of Tyler Technologies’ Munis Hosted ERP System, and
authorizing the Mayor to execute the Agreement, 2022-108
Approved Resolution No. 2022-163.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, Authorizing the City to Utilize Cooperative Purchasing
Established through Sourcewell Contract 090320-TTI, consistent with Municipal
Code Section 2.60.260, to Purchase Tyler Technologies’ Munis Hosted ERP
System, and Authorizing the Mayor to Execute the Agreement between the City
of National City and Tyler Technologies, Inc. for said System to Replace the
Current Outdated Enterprise Resource Planning Software System for a one-time
cost not to exceed $361,498 and Reoccurring Annual License, Maintenance, and
Support Costs of $125,172
Motion carried by unanimous vote
8.6 Resolution to Initiate a Street Vacation of a portion of Euclid Avenue east of
Orange Street. (Case File No. 2022-24 SV)
Approved Resolution No. 2022-164.
Staff is recommending that the City Council initiate the street vacation request.
Adopt a Resolution entitled, Resolution of the City Council of the City of National
City, California, Initiating a Street Vacation of a Portion of Euclid Avenue East of
Orange Street.
Motion carried by unanimous vote
8.7 Investment transactions for the month ended July 31, 2022.
Accept and file the Investment Transaction Ledger for the month ended July 31,
2022.
Motion carried by unanimous vote
8.8 Investment transactions for the month ended August 31, 2022.
Accept and file the Investment Transaction Ledger for the month ended August
31, 2022.
Motion carried by unanimous vote
8.9 Warrant Register #9 for the period of 8/26/22 through 9/1/22 in the amount of
$1,900,006.52.
Ratify Warrants Totaling $1,900,006.52
Motion carried by unanimous vote
Page 25 of 369
8.10 Warrant Register #10 for the period of 9/2/22 through 9/8/22 in the amount of
$2,018,650.27.
Ratify Warrants Totaling $2,018,650.27
Motion carried by unanimous vote
9. PUBLIC HEARING
Notice of the Public Hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than specified in the notice.
9.1 Continuation of a public hearing for an Appeal of a Planning Commission Denial
of a Request for a Conditional Use Permit (CUP) for a Drive-Through Fast Food
Restaurant to be Located at 1900 East Plaza Boulevard.
Approved Resolution No. 2022-166.
Vice-Mayor Bush disclosed that he had met with the Healthy Communities
Coalition regarding the proposal.
Councilmember Rodriguez reported that he had a thorough conversation with the
Healthy Communities Coalition and initiated a Facebook poll to receive public
input.
Mayor Sotelo-Solis disclosed that she had a brief conversation with a
representative from Olivewood Gardens regarding the proposal.
Councilmember Rios disclosed that she watched the Planning Commission
meeting where the item was heard previously, had a brief conversation with a
representative from Olivewood Gardens, and announced the agenda item on her
social media page.
Associate Planner David Welch provided the report and PowerPoint
Presentation.
Applicant representing In-N-Out Cassie Ruiz and Ganddini Group, Inc. Principal
Traffic Engineer Giancarlo Ganddini provided a PowerPoint Presentation and
addressed the City Council.
Mayor Sotelo-Solis declared the Public Hearing open at 6:50 p.m.
In-person comment:
Kelsey Genesi
Claire Groebner
Cynthia Fuller Quinonez
Janice Luna Reynoso
Jacqueline Marquez
Four written comments were received and published on the City website.
Page 26 of 369
Public Hearing closed at 7:42 p.m.
ACTION: Motion by Councilmember Morrison, seconded by Vice-Mayor Bush to
close the public hearing.
Motion approved unanimously.
Staff recommends approving the appeal, reversing the Planning Commission
decision based on the attached findings or findings determined by the City
Council.
ACTION: Motion by Councilmember Morrison, seconded by Vice-Mayor Bush to
approve the staff recommendation.
Substitute Motion by Councilmember Rodriguez, seconded by Councilmember
Rios to approve the staff recommendation with an amendment that the restaurant
be stand alone with no drive through with the findings of existing poor air quality
and that other In-N-Out restaurants operate without a drive through.
Interim City Attorney Barry Schultz informed the Councilmembers that removal of
the drive through would cause a denial of the Conditional Use Permit since the
drive through is the item requiring action.
Ayes: Rios, Rodriguez
Nays: Morrison, Bush, Sotelo-Solis
Motion failed by 2-3.
Original motion
Ayes: Morrison, Bush, Sotelo-Solis
Nays: Rios, Rodriguez
Motion carried by 3-2 vote.
Mayor Sotelo-Solis called a recess at 8:05 p.m., the meeting reconvened at 8:15 p.m.
with all members present.
9.2 Public Hearing to request a Conditional Use Permit (CUP) modification for the
expansion of a self-storage facility location at 1300 Wilson Avenue (U-Haul).
Approved Resolution No. 2022-165.
Mayor Sotelo-Solis introduced the item.
Associate Planner David Welch provided the report and PowerPoint
Presentation.
Councilmember Rios disclosed that she viewed the Planning Commission
meeting when this item was heard.
Page 27 of 369
Uhaul representatives Chad Farren and General Manager David Arias addressed
the Council.
Mayor Sotelo-Solis declared the Public Hearing open at 8:28 p.m.
There was no public comment.
Public Hearing closed at 8:38 p.m.
ACTION: Motion by Councilmember Morrison, seconded by Rodriguez to close
the public hearing.
Motion approved unanimously.
Adopt a Resolution entitled, “Resolution of the City Council of the City of National
City, California, Approving a Conditional Use Permit Modification for the
Expansion of a Self-Storage Facility with Accessory Truck Rental and a Zone
Variance to Allow Trucks to Back in from a Public Street. Located at 1300 Wilson
Avenue (U-Haul) Case File No. 2021-10 CUP, Z - APN Nos: 559-061-14 and
559-061-18.”
ACTION: Motion by Councilmember Morrison, seconded by Councilmember
Rios to approve the Conditional Use Permit with an added condition that a flag
person be present when trucks are backing into the facility.
Substitute Motion by Mayor Sotelo-Solis to deny the Conditional Use Permit
due to the residential impacts, and cited two findings:
1. The proposed expansion of the use is not deemed essential and desirable to
the public convenience and welfare, because there are five other self-storage
facilities serving the city and the existing development fully utilizes the existing
site.
2. Granting the permit would constitute a nuisance or be injurious or detrimental
to the public interest, health, safety, convenience, or welfare, or materially
injurious to persons, property, or improvements in the vicinity and zone in which
the property is located, because it would allow for trucks to back in off the public
street and permit the use of trucks with diesel engines further contributing to air
quality issues.
Motion died due to lack of a second.
Original motion:
Ayes: Morrison, Rios, Rodriguez, Bush
Nays: Sotelo-Solis
Motion passed by 4-1 vote.
Motion carried by unanimous vote
Page 28 of 369
10. STAFF REPORTS
10.1 Initiation of an Ordinance pertaining to Mobilehome Park Rent Stabilization in
National City. (Housing Authority)
City Clerk Molina read the title of the item into the record.
Mayor Sotelo-Solis introduced Director of Housing Carlos Aguirre who provided
the report and PowerPoint Presentation.
Councilmember Rios disclosed that her Council representative Jose Estrada
attended a meeting that took place with the residents.
In-person public comment:
Marlen Romero
Sylvia
Lorenzo Magana
Marysol
Two written comments, including a petition with 96 signatures, were received and
published on the City website.
Recommendation:
Discuss and provide staff direction.
ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rodriguez
to initiate the Ordinance.
Motion carried unanimously.
11. CITY MANAGER’S REPORT
No report.
12. ELECTED OFFICIALS REPORT
Closing remarks were provided by City Treasurer, City Clerk, and members of the City
Council.
13. CITY ATTORNEY REPORT
Mayor Sotelo-Solis introduced Interim City Attorney Schultz who announced that there
was nothing to report.
Page 29 of 369
14. ADJOURNMENT
Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council of the City of
National City, Tuesday, November 1, 2022, 6:00 in the Council Chamber, located in City
Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 9:26 p.m.
________________________________
Tonya Hussain, Executive Secretary
The foregoing minutes were approved at the Regular Meeting of November 15, 2022.
________________________________
Alejandra Sotelo-Solis, Mayor
Page 30 of 369
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
November 1, 2022, 5:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Mayor Sotelo-Solis
Vice-Mayor Bush
Councilmember Morrison
Councilmember Rodriguez
Councilmember Rios
Others Present: Shelley Chapel, Deputy City Clerk (via Zoom)
Barry J. Schultz, Interim City Attorney
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:04 p.m. by Mayor Sotelo-Solis.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Rios led the Pledge of Allegiance.
4. PUBLIC COMMENT
No Public Comment was received.
Page 31 of 369
5. CLOSED SESSION
Members retired into Closed Session at 5:04 p.m. and returned at 5:37 p.m. with all
members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, and
Schultz.
Announcement of actions taken in Closed Session shall be made at the Regular City
Council Meeting following this meeting at 6:00 p.m.
PUBLIC EMPLOYMENT
Title: City Attorney
Government Code Section 54957 (b)(1), 54954.5
6. ADJOURNMENT
Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council of the City of
National City, Tuesday, November 1, 2022, 6:00 in the Council Chamber, located in City
Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 5:37 p.m.
__________________________
Shelley Chapel, MMC, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of November 15, 2022.
__________________________
Alejandra Sotelo-Solis, Mayor
Page 32 of 369
REGULAR MEETING MINUTES OF THE CITY COUNCIL
November 1, 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: Brad Raulston, City Manager
Barry Schultz, Interim City Attorney
Frank Parra, Assistant City Manager
Luz Molina, City Clerk
Shelley Chapel, Deputy City Clerk (via Zoom)
Carlos Aguirre, Director of Housing
Tonya Hussain, Executive Secretary
Sergio Mora, Fire Battalion Chief
Martin Reeder, Planning Manager
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Armando Vergara, Director of Community Development
Roberto Yano, Director of Public Works and City Engineering
Page 33 of 369
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, Morrison, Rios (6:02 p.m. arrival),
Rodriguez
Other Elected Officials present: Molina
Administrative Officials present: Raulston, Schultz, Parra, Chapel (via Zoom), Aguirre,
Hussain, Mora, Reeder, Ryan, Tellez, Vergara, Yano
Interpretation in Spanish provided by Claudio Valencia and Luisa Diaz de Leon.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Alejandra Sotelo-Solis led the Pledge of Allegiance.
4. PUBLIC COMMENT
Mayor Sotelo-Solis summarized the process for acceptance of live public comment
allowing three (3) minutes per comment and introduced City Clerk Molina.
Comments via Zoom received from:
Becky Rapp
Barbara Gordon
Judith Strang
5. PROCLAMATIONS AND RECOGNITION
5.1 National City Recognizes Iglesia Ni Cristo in honor of Filipino American History
Month.
Mayor Sotelo-Solis recognized Filipino American History Month and presented
the proclamation.
A Representative with Iglesia Ni Cristo addressed the Council.
6. PRESENTATION (Limited to Five (5) Minutes each)
6.1 Presentation - A Reason to Survive (ARTS)
Director of Library and Community Services Joyce Ryan introduced new
employee Community Services Manager Joanne McGhee.
ARTS Executive Director James Halliday presented the item utilizing a
PowerPoint Presentation.
Page 34 of 369
Vice-Mayor Bush left the dais at 6:27 p.m. and returned at 6:29 p.m.
In-person comment received from:
Alan Escovedo
Bernando Mazon Daher
Comment received via Zoom:
Garry Rollins
7. INTERVIEWS AND APPOINTMENTS
7.1 Appointments: City Boards, Commissions and Committees – Mayoral
Appointments for Board of Library Trustees; and provide direction regarding
Public Art Committee.
City Clerk Luz Molina presented the item.
Mayor Alejandra Sotelo-Solis continued the item to the November 15, 2022, City
Council meeting since the Library Board of Trustees applicant was unable to be
reached for an interview.
8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes
each)
Port of San Diego Commissioner Sandy Naranjo provided an update on the National
City Balanced Plan and Projects Environmental Impact Report.
9. CONSENT CALENDAR
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Morrison to approve
the Consent Calendar items 9.1 through 9.6 and 9.8 through 9.11 with Item 9.7 pulled for
discussion by Vice-Mayor Bush.
Motion carried by unanimous vote
9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on
this Agenda
Motion carried by unanimous vote
9.2 Declaring Findings to Continue to Teleconference Meetings From November 14,
2022 to December 13, 2022, as Required by AB 361.
Approved Resolution No. 2022-168.
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.”
Motion carried by unanimous vote
Page 35 of 369
9.3 Approval of City Council Meeting Minutes
Approve and file.
Motion carried by unanimous vote
9.4 Approval of Agreement with A Reason to Survive (ARTS) for Basketball Court
Mural Project
Approved Resolution No. 2022-169.
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.”
Motion carried by unanimous vote
9.5 Approval of Agreement with A Reason to Survive (ARTS) for Public Art Projects
Approved Resolution No. 2022-170.
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.”
Motion carried by unanimous vote
9.6 Approval of Amendment to the Agreement between City of National City and A
Reason to Survive (ARTS)
Approved Resolution No. 2022-171.
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.”
Motion carried by unanimous vote
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
Approved Resolution No. 2022-172.
Page 36 of 369
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.”
PULLED FOR DISCUSSION
Vice-Mayor Bush requested that staff provide clarify on project details and the
spending limits of each consultant.
Director of Engineering and Public Works Roberto Yano provided clarity on the
On-Call Agreements via a PowerPoint Presentation.
Councilmember Morrison left the dais at 6:51 p.m. and returned at 6:56 p.m.
ACTION: Motion by Councilmember Rios, seconded by Mayor Sotelo-Solis to
approve the staff recommendation.
Ayes: Rios, Sotelo-Solis, Rodriguez, Morrison
Nays: Bush
Motion passed by 4-1 vote.
9.8 FY21 UASI Amendment adding $40,000 toward training for the Police
Department.
Approved Resolution No. 2022-173.
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”
Motion carried by unanimous vote
9.9 Warrant Register #11 for the period of 9/9/22 through 9/15/22 in the amount of
$959,384.91.
Ratify Warrants Totaling $959,384.91
Motion carried by unanimous vote
Page 37 of 369
9.10 Warrant Register #12 for the period of 9/16/22 through 9/22/22 in the amount of
$1,346,098.20.
Ratify Warrants Totaling $1,346,098.20
Motion carried by unanimous vote
9.11 Warrant Register #13 for the period of 9/23/22 through 9/29/22 in the amount of
$1,170,264.82
Ratify Warrants Totaling $1,170,264.82
Motion carried by unanimous vote
10. PUBLIC HEARING
Notice of the Public Hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than specified in the notice.
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.
Planning Manager Martin Reeder presented the report and PowerPoint
Presentation.
Mayor Sotelo-Solis declared the Public Hearing open at 7:06 p.m.
There was no public comment.
Public Hearing closed at 7:08 p.m.
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Morrison to
close the public hearing.
Motion carried by unanimous vote.
Recommendation:
Introduce the Ordinance
ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush to
approve the introduction of the Ordinance.
Motion carried by unanimous vote.
Page 38 of 369
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
Director of Housing Carlos Aguirre presented the item via a PowerPoint
Presentation.
Mayor Sotelo-Solis declared the Public Hearing open at 7:19 p.m.
In-person comment received from:
Jorge
Lorenzo
Silvia Gardner
Marlen
Clay Hage
Julie Paule
Ali
Marysol
Seven written comments were received and published on the City website.
Public Hearing closed at 7:48 p.m.
ACTION: Motion by Councilmember Morrison, seconded by Councilmember
Rodriguez to close the Public Hearing.
Motion carried by unanimous vote.
Vice-Mayor Bush requested that staff provide the state's rate of retroactivity of
rent increases at the next City Council meeting.
Recommendation:
Introduce the Ordinance and conduce the Public Hearing
ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rodriguez
to approve the introduction of the Ordinance.
SUBSTITUTE MOTION: Motion by Councilmember Morrison to revise the
retroactivity date from July 1, 2022 to January 1, 2023.
Motion died due to lack of a second.
Council requested that staff return with retroactivity data, zoning information, and
details regarding the ninety-day rent increase rule.
ORIGINAL MOTION:
Motion carried by unanimous vote.
Page 39 of 369
11. STAFF REPORTS
12. CITY MANAGER’S REPORT
City Manager Brad Raulston introduced Police Chief Jose Tellez, who provided
information regarding a recent shooting.
13. ELECTED OFFICIALS REPORT
Closing remarks were provided by City Treasurer, City Clerk, and members of the City
Council.
14. CITY ATTORNEY REPORT
CLOSED SESSION
Mayor Sotelo-Solis introduced Interim City Attorney Barry Schultz who announced that
there was no reportable action.
1. PUBLIC EMPLOYMENT
Title: City Attorney
Government Code Section 54957 (b)(1), 54954.5
15. ADJOURNMENT
Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council of the City of
National City, Tuesday, November 15, 2022, 6:00 in the Council Chamber, located in
City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 8:24 p.m.
__________________________________
LaTonya Hussain, Executive Secretary
The foregoing minutes were approved at the Regular Meeting of November 15, 2022.
________________________________
Alejandra Sotelo-Solis, Mayor
Page 40 of 369
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Joyce Ryan, Library & Community Services Director
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Acceptance of State Library Memory Lab Program Grant
RECOMMENDATION:
Approve the Resolution Entitled, “Resolution of the City Council of the City of National City,
California, authorizing the City Manager or his designee to accept the State Library Grant in the
amount of $19,340 to fund the National City Public Library’s Memory Lab Program for Fiscal Year
2023 and authorizing the establishment of a Library Grant Funds appropriation of $19,340 and a
corresponding revenue budget.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Approved at the Regular Meeting of the Board of Library Trustees on November 2, 2022.
EXPLANATION:
The California State Library is awarding a grant of $19,340 to the National City Public Library for
the Memory Lab Grant Program. The grant would provide Library staff and patrons with
guidelines, tools, and training for personal analog and digital archiving.
The grant funds will allow the Library to purchase new equipment for the Local History Room to
develop a digital preservation workstation that meets the transfer needs of our community
residents. This digital preservation workstation will include scanning equipment and software
which can accommodate photographs (prints, negatives and slides), documents, audio cassettes,
VHS/VHS-C cassettes, DV/miniDV cassettes, 8mm/Super 8mm film, CDs, DVDs, and 3.5″ floppy
disks. Community members will be trained on the equipment and will gain the skills and the
confidence to digitize, care for, and manage their own histories.
The grant would assist community members with all levels of digital literacy seeking to learn how
to organize, digitize, and share their family collections. To use the Memory Lab, patrons must
attend an orientation, read and agree to the Memory Lab policies, sign a release form, and make
a reservation.
Staff are anticipating utilizing digitized photographs and documents for a historical display in the
Library during Summer 2023.
FINANCIAL STATEMENT:
Approval of the Resolution authorizes the establishment of a Library Grant Fund appropriation
of $19,340 and a corresponding revenue budget.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Parks, Recreation and Library
Page 41 of 369
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. State Library Award Letter Agreement and Certificate of Compliance
2. Resolution
Page 42 of 369
October 6, 2022
Joyce Ryan, Library & Community Services Director
National City Public Library
1401 National City Blvd.
National City, CA 9150
Dear Ms. Ryan:
We are pleased to approve the grant application for the Community Memory Lab project for a
total of $19,340 in federal Library Services and Technology Act (LSTA) funds.
Hard copies of this correspondence will not follow. Keep the entirety of this correspondence for
your files and consider these award materials your original documents. Please refer to the Grant
Guide located on the California State Library’s Manage Your Current Grant webpage
(https://www.library.ca.gov/grants/manage/) for more information and review the following:
LSTA Funds
Processing of grant payments may take from eight to ten weeks before delivery. If you have not
received payment ten weeks after submitting your claim form to the State Library’s Fiscal
Department, please contact your Grant Monitor.
Project Support
There are two people assigned to your project. The first is your Grant Monitor. Contact them
regarding compliance and reporting. The Grant Monitor assigned to your project is Michellle
Killian and can be reached via email at michelle.killian@library.ca.gov. You are also assigned a
PA for ongoing programmatic support. The PA assigned to your project is Linda Stewart and can
be reached via email at stewart@plpinfo.org.
Please stay in touch with your Grant Monitor and PA throughout the award period. Read the
enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
cc: Tiffany Roberts troberts@nationalcityca.gov
Linda Stewart stewart@plpinfo.org
Michellle Killian michelle.killian@library.ca.gov
Dan Webster federalgrants.fiscal@library.ca.gov
Angie Shannon angie.shannon@library.ca.gov
Reed Strege reed.strege@library.ca.gov
Natalie Cole natalie.cole@library.ca.gov
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Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
THE BASICS – YOUR LSTA GRANT AWARD
The following provides all of the basic information about your grant and managing your grant.
Award #: 40-9353
File #: CC-12
IMLS #: LS-252449-OLS-22
ORGANIZATION: National City Public Library
Project Title: Community Memory Lab
Award Amount: $19,340
2021/2022 LSTA APPROVED BUDGET
Salaries/Wages/Benefits $6,900
Consultant Fees
Travel
Supplies/Materials $11,840
Equipment ($5,000 or more per unit)
Services $600
Project Total $19,340
Indirect Cost $
Grant Total $19,340
Payment Schedule IN FULL
Start Date: 10/1/2022
End Date: 6/30/2023
This project will be officially closed as of the end date listed above and no new expenditures may be
generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds
must be returned within 30 days of the end date. However, i f funds were encumbered prior to the end date,
this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned
with the liquidation report within 60 days of the end date.
REPORTING
Financial and program narrative reports are required. All required reporting materials, as well as the Grant
Guide, will be located on the California State Library’s Manage Your Current Grant webpage
(https://www.library.ca.gov/grants/manage/). The Grant Guide for this project will list specific reporting due
dates. Failure to provide timely reports is a serious breach of a grant recipient’s administrative duty under the
grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds.
PAYMENTS
Please note this clarification regarding payments. If your full grant amount is more than $20,000, ten percent (10%)
of the grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all
project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the
grant program.
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LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)
AWARD AGREEMENT AND
CERTIFICATION OF COMPLIANCE
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
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National City Public Library
Community Memory Lab
2022-2023
40-9353
Page 1 of 40
TABLE OF CONTENTS
PROJECT SUMMARY .................................................................................. Error! Bookmark not defined.
PROCEDURES and REQUIREMENTS ......................................................... Error! Bookmark not defined.
A. Term of the Agreement ....................................................... Error! Bookmark not defined.
B. Scope of Work ....................................................................... Error! Bookmark not defined.
C. Spending Funds .................................................................... Error! Bookmark not defined.
D. Narrative and Financial Reports ......................................... Error! Bookmark not defined.
E. Claim Form and Payment .................................................... Error! Bookmark not defined.
EXHIBIT A: TERMS AND CONDITIONS .................................................... Error! Bookmark not defined.
EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS ..... Error! Bookmark not defined.
EXHIBIT C: LSTA AWARD REQUIREMENTS .............................................. Error! Bookmark not defined.
A. CIPA Compliance ................................................................ Error! Bookmark not defined.
B. Contracting Guidance ......................................................... Error! Bookmark not defined.
C. Language Access Services ................................................ Error! Bookmark not defined.
EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM ......................... Error! Bookmark not defined.
Certification ............................................................................... Error! Bookmark not defined.
Authorized Representative Signature ..................................... Error! Bookmark not defined.
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National City Public Library
Community Memory Lab
2022-2023
40-9353
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE CALIFORNIA STATE LIBRARY
and National City Public Library for the Community Memory Lab
AWARD AGREEMENT NUMBER 40-9353
This Award Agreement (“Agreement”) is entered into on October 1, 2022 by and
between the California State Library (“State Library”) and National City Public Library,
(“Subrecipient”).
This Award Agreement pertains to National City Public Library’s LSTA-funded
Community Memory Lab project.
The Library Development Services Bureau (“LDS”) of the State Library administers
state and federal funds in the form of awards.
The Subrecipient was selected by the State Library to receive LSTA award funds in the
amount of $19,340 through the process adopted by the State Library in administering
such grants.
The State Library and the Subrecipient, for the consideration and under the
conditions hereinafter set forth in the Grant Agreement, agree as follows:
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National City Public Library
Community Memory Lab
2022-2023
40-9353
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Award term begins on the date of execution of the Agreement by both parties,
until August 31, 2023. If completion of the project occurs prior to the end of the award
period, this will be the end date of the term of this agreement. Award eligible program
expenditures may begin no earlier than the start date of the project period. The project
period ends on June 30, 2023 and all eligible program costs must be incurred by this
date.
B. Scope of Work
1. Subrecipient agrees to perform all activities specifically identified in the
Subrecipient’s application and submitted to the State Library in response to LSTA
CopyCat Award opportunity.
2. The following activities and deliverables to be performed by the Subrecipient
include, but are not limited to the following:
Maintain and keep records of expenditures related to the grant that are
consistent with the Generally Accepted Accounting Principles (GAAP).
Make financial records available to the State Library upon request.
Work with the State Library staff to assure that funds are disbursed in
compliance with the purpose of the grant.
Prepare and submit required narrative and financial reports.
Procure equipment, and other supplies as needed for the project.
Issue contracts for services, personnel, and consultants.
If applicable, make payments for services, including for hours worked and
travel reimbursements, to consultants and contractors.
Oversee the implementation of project activities.
C. Spending Funds
1. There are federal restrictions for how LSTA funding can and cannot be spent.
Please be sure to review the Restrictions on the Use of LSTA Grant Funds, also
detailed in Exhibit B of this agreement, to ensure that LSTA funds are used
appropriately. Unallowable costs may not be counted toward a project’s match
or in-kind contribution.
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2022-2023
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D. Narrative and Financial Reports
1. The Subrecipient shall be responsible for submission of interim and final narrative
and financial reports on the progress and activities of the project, to the
California State Library, using the sample report documents provided by the
California State Library.
2. All the reports must be current, include all required sections and documents, and
must be approved by the Grant Monitor before any payment request can be
processed. Failure to comply with the specified reporting requirements may be
considered a breach of this Agreement and result in the termination of the
Agreement or rejection of the payment request and/or forfeiture by the
Subrecipient of claims for costs incurred that might otherwise have been eligible
for grant funding. Any problems or delays must be reported immediately to the
Grant Monitor. The financial reports shall reflect the expenditures made by the
Subrecipient under the Agreement, and may be incorporated into the same
reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
October - December 1st Quarter Financial Report Due and January 15, 2023
January - March 2nd Quarter Financial Report Due
Mid Project Program Narrative Report
Due
April 15, 2023
April - June Final Financial Report, Expenditure
Detail Report and Final Program
Narrative Report Due
July 31, 2023
60 Days from Project
End Date (if end date
is extended see
extension letter for
new dates)
Liquidation Financial Report Due (Only
required if encumbered funds have
not been spent by project end date)
August 31, 2023
4. Failure to submit timely reports with the appropriate documentation by the due
date may result in rejection of the payment request and/or forfeiture by the
Subrecipient of claims for costs incurred that might otherwise have been eligible
for grant funding.
5. The Subrecipient agrees to maintain records and supporting documentation
pertaining to the performance of this grant subject to possible audit for a
minimum of five (5) years after final payment date or grant term end date,
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whichever is later. Please refer to Exhibit A, Terms and Conditions for more
information.
E. Claim Form and Payment
1. The California State Library shall provide the Subrecipient payment as outlined
in the payment schedule, and only for those activities and costs specified in the
approved award application.
2. The Subrecipient shall complete, sign, and submit the Certification of
Compliance form (Exhibit D) and the Financial Claim form (included in your
award packet) to the California State Library within 14 days of receiving the
award packet. These forms will be issued, signed and submitted using the online
signature and agreement platform, DocuSign.
3. Any of the sums listed as approved and/or amended appearing under the
categories in the approved budget may be adjusted with prior authorization
from the California State Library Grant Monitor. This would be to increase the
allotment with the understanding that there will be corresponding decreases in
the other allotments so that the total amount paid by the California State
Library to the Subrecipient under this Agreement shall not exceed the awarded
amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the
actual expenses incurred during the term of this Agreement, as reflected in the
financial reports to be filed by the Subrecipient, the Subrecipient shall
immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Subrecipient. It is the
Subrecipient’s responsibility to pay all contractors and subcontractors for
purchased goods and services.
6. For awards over $20,000, the Final Payment of 10% will be withheld and retained
by the California State Library until all conditions agreed upon in this
Agreement, including submission and Grant Monitor approval of the final
narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Subrecipient in
accordance with the Prompt Payment Clause under Government Code,
section 927, et. seq. The Subrecipient may typically expect payment to be
issued within 45 days from the date a grant payment request is properly
submitted and approved by the Fiscal Analyst.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or
any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall no
longer be in full force and effect. In this event, the California State Library
shall have no liability to pay any funds whatsoever to the Subrecipient or
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to furnish any other considerations under this Agreement and the
Subrecipient shall not be obligated to perform any provisions of this
Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this Program, the California State Library shall have the
option to either cancel this Agreement with no liability occurring to itself
or offer an Agreement amendment to the Subrecipient to reflect the
reduced amount.
c. This grant award may have been written before ascertaining the
availability of congressional appropriation of funds, for the mutual
benefit of both parties in order to avoid program and fiscal delays which
would occur if the grant award were executed after that determination
was made.
d. This grant award is valid and enforceable only if sufficient funds are
made available to the State by the United States government for the
Fiscal Year 2022-2023 for the purposes of this program. In addition, this
grant award is subject to any additional restrictions, limitations, or
conditions enacted by the Congress or any statute enacted by the
Congress which may affect the provisions, terms or funding of this grant
award in any manner.
e. It is mutually agreed that if the Congress does not appropriate sufficient
funds for the program, this grant award shall be amended to reflect any
reduction in funds.
f. The California State Library has the option to amend the grant award to
reflect any reduction of funds.
g. Upon the grant award approval by the State Librarian, one (1)
completed set of this Award Agreement will be sent to the Subrecipient.
Such copy shall be the officially approved agreement for the conduct of
the approved project.
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EXHIBIT A: TERMS AND CONDITIONS
1. Ac cessibility: The organization receiving this LSTA award, as listed in the
certification section below, and all program staff, will ensure all LSTA-funded
project materials will meet California accessibility standards.
The State is responsible for ensuring that public websites are accessible to both
the general public and state employees, including persons with disabilities.
Subrecipient shall assist the State in meeting its responsibility. Therefore, all
project materials generated by state funded programs must meet the California
Accessibility Standards. Additionally, all project materials designed, developed,
and maintained shall be in compliance with the California Government Code,
sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a
subsequent version, as published by the Web Accessibility Initiative of the World
Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in
compliance to meet these standards, please still submit it to the State Library.
When submitting the material make sure to note that the material is not
accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its
website that are in compliance with these standards.
Common, applicable award materials include, but are not limited to:
Project toolkits
Digital resources
Publications
Survey templates
Project marketing materials
2. Acknowledgment: The Institute of Museum and Library Services and the
California State Library shall be acknowledged in all promotional materials and
publications related to the LSTA-funded project.
a. LSTA award recipients must ensure that the Library Services and
Technology Act receive full credit as the funding program and that the
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Institute of Museum and Library Services (IMLS) likewise, is acknowledged
as the federal source of funds.
b. Publications and information releases about the project must credit the
Library Services and Technology Act (LSTA). An appropriate statement for
a publication or project press release is:
"This [publication/project] was supported in whole or in part by the
U.S. Institute of Museum and Library Services under the provisions of
the Library Services and Technology Act, administered in California
by the State Librarian."
As appropriate, this disclaimer should be added:
"The opinions expressed herein do not necessarily reflect the
position or policy of the U.S. Institute of Museum and Library
Services or the California State Library, and no official endorsement
by the U.S. Institute of Museum and Library Services or the California
State Library should be inferred."
c. This credit line on products of a project, such as materials and publicity, is
important to foster support from the public and by state and federal
funding sources.
d. For more examples from Institute of Museum and Library Services (IMLS)
provided for recipients of national level grants, please see IMLS
Acknowledgement Requirements.
e. IMLS Logo: Use of the IMLS logo, which can be downloaded on the IMLS
Logos page, is required on any publications. Please refer to the IMLS Brand
Standards page for further details and usage requirements. If the award
project results in copyrightable material, the sub Subrecipient or any
subcontractor of the sub Subrecipient is free to copyright the work.
However, IMLS and the State Library reserve a royalty-free, exclusive and
irrevocable license to reproduce, publish, or otherwise use and authorize
others to use the work for government purposes.
f. Photo Documentation: Digital photos are a great way to document the
happenings of your project. It is recommended that you use a photo
release form when taking photos of the public. You may use your library’s
photo release form, or use the IMLS Media Content Authorization and
Release form.
3. Agency: In the performance of this Agreement the Subrecipient and its agents
and employees shall act in an independent capacity and not as officers,
employees or agents of the California State Library. The Subrecipient is solely
responsible for all activities supported by the grant. Nothing in this Agreement
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creates a partnership, agency, joint venture, employment, or any other type of
relationship between the parties. The Subrecipient shall not represent itself as an
agent of the California State Library for any purpose, and has no authority to
bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is
binding on any of the parties. This Agreement may be amended, modified or
augmented by mutual consent of the parties, subject to the requirements and
restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings
concerning the validity and operation of this Agreement and the performance
of the obligations imposed upon the parties hereunder. The parties hereby
waive any right to any other venue. The place where the Agreement is entered
into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Subrecipient may not assign this
Agreement or delegate its performance to any third-party person or entity, either
in whole or in part, without the California State Library’s prior written consent. The
provisions of this Agreement shall be binding upon and inure to the benefit of the
California State Library, the Subrecipient, and their respective successors and
assigns.
7. Audit and Records Access: The Subrecipient agrees that the California State
Library, the Department of General Services, the State Auditor, or their
designated representatives shall have the right to review, audit, inspect and
copy any records and supporting documentation pertaining to the performance
of this Agreement. The Subrecipient agrees to maintain such records for possible
audit for a minimum of five (5) years after the final payment, or grant term end
date, whichever is later, unless a longer period of records retention is stipulated,
or until completion of any action and resolution of all issues which may arise as a
result of any litigation, dispute, or audit, whichever is later. The Subrecipient
agrees to allow the auditor(s) access to such records during normal business
hours and to allow interviews of any employees who might reasonably have
information related to such records. Further, the Subrecipient agrees to include a
similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive
bids, grant amendments, if any, relating to the budget or work plan, copies of
any agreements with contractors or subcontractors if utilized, expenditure
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ledger, payroll register entries, time sheets, personnel expenditure summary form,
travel expense log, paid warrants, contracts and change orders, samples of
items and materials developed with grant funds, invoices and/or cancelled
checks.
8. Authorized Representative: Subrecipient and the California State Library
mutually represent that their authorized representatives have the requisite legal
authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim
check-in at any time during the grant term, shall be directed to the respective
Grant Monitor or representative of the California State Library or Subrecipient. For
this purpose, the following contact information is provided below:
National City Public Library California State Library
Joyce Ryan Michellle Killian
1401 National City Blvd. 900 N Street
National City, CA, 9150 Sacramento, CA 95814
619-470-5882 916-603-6706
jryan@nationalcityca.gov michelle.killian@library.ca.gov
10. Confidentiality: Subrecipient will maintain as confidential any material it receives
or produces that is marked Confidential or is inherently confidential, or is
protected by privilege. Subrecipient agrees to alert the State Library to this status
in advance, and State Library agrees to maintain this status in conformity with
the Public Records Act.
11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or
otherwise shall create any contractual relation between the State and any
contractor or subcontractors, and no contract or subcontract shall relieve the
Subrecipient of their responsibilities and obligations hereunder. The Subrecipient
agrees to be as fully responsible to the State for the acts and omissions of its
contractors, subcontractors, volunteers, student interns and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions
of persons directly employed by the Subrecipient. The Subrecipient’s obligation
to pay its contractors and subcontractors is an independent obligation from the
State’s obligation to make payments to the Subrecipient. As a result, the State
shall have no obligation to pay or to enforce the payment of any monies to any
contractor or subcontractor.
12. Copyright: Subrecipient owns and retains titles to any copyrights or
copyrightable material from any original works that it creates within the scope of
this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et
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seq.) Subrecipient is responsible for obtaining any necessary licenses, permissions,
releases or authorizations to use text, images, or other materials owned,
copyrighted, or trademarked by third parties and for extending such licenses,
permissions, releases, or authorizations to the California State Library pursuant to
this section. Also, the California State Library may upload, post or transmit
copyrighted material produced or purchased with grant funds on a California
State Library website for public access and viewing.
13. Discharge of Grant Obligations: The Subrecipient's obligations under this
Agreement shall be deemed discharged only upon acceptance of the final
report by California State Library. If the Subrecipient is a non-profit entity, the
Subrecipient’s Board of Directors shall accept and certify as accurate the final
report prior to its submission to California State Library.
14. Dispute Resolution: In the event of a dispute, Subrecipient will discuss the
problem informally with the Grant Monitor. If unresolved, the Subrecipient shall
file a written “Notice of Dispute” with the State Library Grant Monitor within ten
(10) days of discovery of the problem. Within ten (10) days of receipt, the Grant
Monitor shall meet with the Subrecipient for purposes of resolving the dispute.
Any dispute arising under the terms of this Agreement which is not disposed of
within a reasonable period of time, the Subrecipient may bring it to the attention
of the State Librarian or the designated representative. The decision of the State
Librarian or designated representative shall be final. Unless otherwise instructed
by the Grant Monitor, the Subrecipient shall continue with its responsibilities under
this Agreement during any dispute.
15. Drug-free Workplace: The Subrecipient certifies under penalty of perjury under
the laws of California, that the Subrecipient will comply with the requirements of
the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will
provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the
following:
1) The dangers of drug abuse in the workplace.
2) The Subrecipient’s policy of maintaining a drug-free workplace;
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3) Any available counseling, rehabilitation and employee assistance
programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Subrecipient’s drug-free workplace policy
statement.
2) Agrees to abide by the terms of the Subrecipient’s statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and Subrecipient
may be ineligible for award of any future state agreements if the California State
Library determines that the Subrecipient has made a false certification, or
violated the certification by failing to carry out the requirements as noted above.
16. Effectiveness of Agreement: This Agreement is of no force or effect until signed
by both parties.
17. Entire Agreement: This Agreement supersedes all prior agreements, oral or
written, made with respect to the subject hereof and, together with all
attachments hereto, contains the entire agreement of the parties.
18. Exclusive Agreement: This is the entire Agreement between the California State
Library and Subrecipient.
19. Extension: The State Librarian or designee may extend the final deadline for
good cause. The Subrecipient’s request for an extension of the grant period must
be made in writing and received by the California State Library at least 30 days
prior to the final deadline. Extensions of up to 30 days following the original
project period end date may be granted. Extended project end dates may not
exceed the end of the Federal fiscal year (September 30).
20. Failure to Perform: If the Grant Monitor determines the Subrecipient has not
complied with this Agreement, or is not implementing the project as approved
by the State Library, the Subrecipient may forfeit the right to reimbursement of
any grant funds not already by the California State Library, including, but not
limited to, the ten percent (10%) withhold.
21. Federal and State Taxes: The State Library shall not:
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a. Withhold Federal Insurance Contributions Act (FICA) payments from
Subrecipient’s payments or make FICA payments on the Subrecipient’s
behalf; or
b. Make Federal or State unemployment insurance contributions on
Subrecipient’s behalf; or
c. Withhold Federal or State income taxes from Subrecipient’s payments
Subrecipient shall pay all taxes required on payments made under this
Agreement including applicable income taxes and FICA.
22. Force Majeure: Neither the California State Library nor the Subrecipient, its
contractors, vendors, or subcontractors, if any, shall be responsible hereunder for
any delay, default, or nonperformance of this Agreement, to the extent that
such delay, default, or nonperformance is caused by an act of God, weather,
accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other
contingencies unforeseen by the California State Library or the Subrecipient, its
contractors, vendors, or subcontractors, and beyond the reasonable control of
such party.
23. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant
funds are not expended, or have not been expended, in accordance with this
Agreement, the State Librarian or designee, at their sole discretion, may take
appropriate action under this Agreement, at law or in equity, including requiring
the Subrecipient to forfeit the unexpended portion of the grant funds, including,
but not limited to, the ten percent (10%) withhold, and/or to repay to the
California State Library any funds improperly expended.
24. Fringe Benefit Ineligibility: Subrecipient agrees that neither the Subrecipient nor
its employees and contract personnel are eligible to participate in any
employee pension, health benefit, vacation pay, sick pay or other fringe benefit
plan of the State of California or the State Library.
25. Generally Accepted Accounting Principles: The Subrecipient is required to use
Generally Accepted Accounting Principles in documenting all grant
expenditures.
26. Grant Monitor: The Grant Monitor may monitor Subrecipient performance to
ensure Subrecipient expends grant funds appropriately and in a manner
consistent with the terms and conditions contained herein. The Grant Monitor
does not have the authority to approve any deviation from or revision to the
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Terms and Conditions (Exhibit A) or the Procedures and Requirements, unless
such authority is expressly stated in the Procedures and Requirements.
27. Independent Action: Subrecipient reserves the right to fulfill its obligations under
this Agreement in an independent manner, at any location and at any time
within the agreed-upon timeline. Subrecipient’s employees or contract personnel
shall perform all services required by this Agreement, but their time need not be
devoted solely to fulfilling obligations under this Agreement. Subrecipient shall
furnish all equipment and materials used to meet its obligations, and complete
the Project. The State Library shall not provide any personnel or other resources
beyond the grant award, and is not required to provide training in connection
with this Agreement.
28. Indemnification: Subrecipient agrees to indemnify, defend and save harmless
the State of California, the California State Library and its officers, employees,
and agents, from any and all claims, losses, and liabilities accruing or resulting to
any and all contractors, subcontractors, suppliers, laborers and any other person,
firm or corporation furnishing or supplying work services, materials, or supplies in
connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who
may be injured or damaged by Subrecipient in the performance of this
Agreement.
29. License to Use: The California State Library and the Institute of Museum and
Library Services reserve a fully paid-up, royalty-free, nonexclusive, sub-licensable
and irrevocable license to reproduce, publish, prepare derivative works,
distribute or otherwise use, and to authorize third parties to use, any material
received or maintained by Subrecipient in connection with this Agreement. This
includes intellectual property, with or without third-party rights. All such usages
will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant or contract under
this award; and
b. Any rights of copyright to which a Subrecipient or a contractor purchases
ownership with award support.
30. Limitation of Expenditure: Expenditure for all projects must conform to the
approved budget, as amended, and with applicable Federal and State laws
and regulations. The total amount paid by the California State Library to the
subrecipient under this agreement shall not exceed $19,340 and shall be
expended/encumbered in the designated award period.
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During the award period, the subrecipient may find that the awarded budget
may need to be modified. Budget changes, requests for additional funds, or
requests for reductions in award funding must be discussed with the assigned
State Library Grant Monitor and a Grant Award Modification may be required to
be submitted according to the instructions. Approval is by the State Librarian.
Adjustments should be reported on the next financial report. Any adjustments in
approved budgets must be documented and documentation retained in
project accounts.
31. Lobbying: Subrecipient confirms that the grant funds will not be used for the
purposes of lobbying or otherwise attempting to influence legislation, as those
purposes are defined by the U.S. Internal Revenue Code of 1986.
32. Non-Discrimination Clause: During this grant period, the Subrecipient and the
Subrecipient’s contractors, and subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, age, sexual orientation, or military and veteran status. Subrecipient shall
insure that the evaluation and treatment of contractors, employees and
applicants for employment are free from such discrimination and harassment.
Additionally, Subrecipient, contractors, and subcontractors, if applicable, shall
comply with the provisions of the Fair Employment and Housing Act (Gov. Code
§12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2,
§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of
the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or
standards adopted by the California State Library to implement such article.
Subrecipient shall permit access by representatives of the Department of Civil
Rights and the California State Library upon reasonable notice at any time during
the normal business hours, but in no case less than 24 hours’ notice, to such of its
books, records, accounts, and all other sources of information and its facilities as
said Department or the California State Library shall require to ascertain
compliance with this clause. Subrecipient, and its contractors, and
subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement. (See Cal. Code Regs., tit. 2, §11105.) Subrecipient shall include the
non-discrimination and compliance provisions of this clause in all contracts and
subcontracts to perform work under the Agreement.
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33. Notices: All notices and other communications in connection with this
Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address
of the recipient known to the party giving notice. Notice is effective
upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification
will be sent to the last e-mail address of the recipient known to the party
giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California
State Library’s Grants Management System a notification will be sent to
the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical
address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage
prepaid, and addressed to recipient’s address as stated in this
Agreement.
34. Order of Precedence: The performance of this Agreement shall be conducted
in accordance with the Terms and Conditions, Procedures and Requirements,
Federal Restrictions on the Use of LSTA Funds, LSTA Award Requirements,
Certificate of Compliance, and Project Summary of this Agreement, or other
combination of exhibits specified on the Grant Agreement Coversheet attached
hereto (collectively referred to as “Terms”). Subrecipient’s California State Library-
approved Application (Subrecipient’s Application) is hereby incorporated herein
by this reference. In the event of conflict or inconsistency between the articles,
exhibits, attachments, specifications or provisions that constitute this Agreement,
the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
(c) Procedures and Requirements
(d) Federal Restrictions on the Use of LSTA Funds
(e) LSTA Award Requirements
(f) Certificate of Compliance
(g) Project Summary
(h) Subrecipient’s Application
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(i ) All other attachments hereto, including any that are incorporated by
reference.
35. Payment:
a. The approved Budget, if applicable as detailed in the Award Letter, states
the maximum amount of allowable costs for each of the tasks identified in
the Activity Timeline included in the project application. California State
Library shall provide funding to the Subrecipient for only the work and
tasks specified in the Subrecipient’s Application at only those costs
specified in the Budget and incurred in the term of the Agreement.
b. The Subrecipient shall carry out the work described in the Subrecipient’s
Application in accordance with the approved Budget, and shall obtain
the Grant Monitor’s written approval of any changes or modifications to
the approved project as described in the Subrecipient’s Application or
the approved Budget prior to performing the changed work or incurring
the changed cost. If the Subrecipient fails to obtain such prior written
approval, the State Librarian or designee, at their sole discretion, may
refuse to provide funds to pay for such work or costs.
c. The Subrecipient shall request funds in accordance with the funding
schedule included in this agreement.
d. For awards with total funding exceeding $20,000, ten percent (10%) will be
withheld from each Payment Request and paid at the end of the grant
term, when all reports and conditions stipulated in this Agreement have
been satisfactorily completed. Failure by the Subrecipient to satisfactorily
complete all reports and conditions stipulated in this Agreement may
result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Subrecipient’s eligible costs are limited to
the amounts authorized in the U.S. General Services Administration
(contact the Grant Monitor for more information).
f. Payment will be made only to the Subrecipient.
g. Allowable expenses shall not be incurred unless and until the Subrecipient
receives official award notification as described in the Procedures and
Requirements.
36. Personal Jurisdiction: The Subrecipient consents to personal jurisdiction in the
State of California for all proceedings concerning the validity and operation of
this Agreement and the performance of the obligations imposed upon the
parties. Native American Tribal Subrecipient s expressly waive tribal sovereign
immunity as a defense to any and all proceedings concerning the validity and
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operation of this Agreement and the performance of the obligations imposed
upon the parties.
37. Personnel Costs: If there are eligible costs pursuant to Exhibit D, Eligible and
Ineligible Costs, any personnel expenditures to be reimbursed with grant funds
must be computed based on actual time spent on grant-related activities and
on the actual salary or equivalent hourly wage the employee is paid for their
regular job duties, including a proportionate share of any benefits to which the
employee is entitled, unless otherwise specified in Exhibit D.
38. Pledge: This Agreement shall not be interpreted to create any pledge or any
commitment by the State Library to make any other or further grants or
contributions to Subrecipient, or any other person or entity in connection with the
Project. It is mutually agreed that Subrecipient is responsible for furnishing funds
beyond the award that may be necessary to complete outcomes or
deliverables.
39. Privacy Protection: Both parties agree to protect the confidentiality of any non-
public, personal information that may be contained in materials received or
produced in connection with this Agreement, as required by Civil Code, section
1798, et. seq.
40. Prohibited Use: The expenditure under this program shall not be used to supplant
Subrecipient efforts in other grant programs provided by the California State
Library and shall not be used to supplant subrecipient effort.
41. Provisions: This agreement is entered into under provisions of the Library Services
and Technology Act, Public Law 104-208 on September 30, 1996; and
Congressional Record – House, H11644-H11728 on September 28, 1996, H12266-
H12267 on October 3, 1996; and 2 CFR 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, December 26, 2013.
Congress enacted the Museum and Library Services Act of 2010 (Pub. L. 111-340,
codified at 20 U.S.C. § 9101 et seq.), which also incorporates Library Services and
Technology Act (LSTA).
a. Performance of the provisions of this agreement is subject to the
conditions and availability of funds as awarded by the State Librarian
under said Act.
42. Public Records Act: Material maintained or used by the California State Library is
considered “public record” under the Public Records Act (PRA) at Government
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Code, sections 6250, et. seq. This includes the Interim and Final reports, and any
other written communications between the parties. Subrecipient agrees to
ensure that all content contained in its written reports are appropriate for
publication. Said material, along with all other reports, documentation and data
collected during the term of the Agreement, will be subject to disclosure unless it
qualifies for exemption under the PRA in whole or in part. Subrecipient agrees to
alert the State Library as to a basis for exemption, if any exists.
43. Publicity Obligations: Subrecipient will notify the State Library of any promotional
materials or publications resulting from the award no later than five (5) days in
advance of distribution, whether they are print, film, electronic, or in any other
format or medium. Copies of all promotional materials will be provided to the
State Library. Subrecipient will acknowledge the LSTA support as noted above.
Subrecipient agrees that the State Library may include information about this
grant and its outcomes in its own annual reports, with specific reference to
Subrecipient, and may distribute such information to third parties.
44. Records: Communications, grant related documents, data, original receipts and
invoices must be maintained by Subrecipient and shall be made available to the
State Library upon request. Subrecipient agrees to maintain adequate grant
program records and adequate financial records consistent with generally
accepted accounting practices, and to retain all records for at least five (5)
years after the end-of-term. The State Library may monitor or conduct an onsite
evaluation of Subrecipient’s operation to ensure compliance with this
Agreement, with reasonable advance notice.
45. Reduction of Waste: In the performance of this Agreement, Subrecipient shall
take all reasonable steps to ensure that materials purchased or utilized in the
course of the project are not wasted. Steps should include, but not be limited to:
the use of used, reusable, or recyclable products; discretion in the amount of
materials used; alternatives to disposal of materials consumed; and the practice
of other waste reduction measures where feasible and appropriate.
46. Reimbursement Limitations: Under no circumstances shall the Subrecipient seek
reimbursement pursuant to this Agreement for a cost or activity that has been or
will be paid for through another funding source. The Subrecipient shall not seek
reimbursement for any costs used to meet cost sharing or matching requirements
of any other California State Library funded program.
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47. Reports and Claims: It is the responsibility of the recipient of these instructions to
see that the proper individual to supply the required reports and claims receives
the instructions and makes the required reports and claims to the California State
Library.
a. The subrecipient shall be responsible for submitting to the State Library
Narrative Reports detailing progress and activities. The reports are due on
the dates specified in the reporting schedule detailed in the Procedures
and Requirements section.
b. The subrecipient shall be responsible for submitting to the State Library
Financial Reports reflecting project expenditure activity. The reports are
due on the dates specified in the reporting schedule detailed in the
Procedures and Requirements section.
c. To obtain payment hereunder the subrecipient shall submit authorized
claims provided by the State Library for that purpose, on each of the
following mentioned dates for payment, and the California State Library
agrees to reimburse the Library as soon thereafter as State fiscal
procedures will permit.
d. In-full payments are typically made for awards totaling $20,000 or less.
e. Funding for awards totaling more than $20,000 are issued in three
payments following a 45%/45%/10% payment schedule, unless an
exception has been made.
f. The final 10% of the grant award (if applicable) is payable only if the
subrecipient fulfills all project reporting requirements and returns all
unspent funds by the time specified in the Grant Guide. Failure to provide
timely reports is a serious breach of an award recipient’s administrative
duty under the award, which may result in federal audit exceptions
against the State and the loss of LSTA funds.
g. Payment will be provided to cover the expenditures incurred by the
subrecipient for the project in the following manner:
o $19,340 upon execution of the agreement and submission of claim by
fiscal agent
o If applicable, second payment will be made upon approval of first
quarter financial report and receipt of claim form in the amount of
N/A
o If applicable, final payment will be made upon approval of all final
reports and receipt of claim form in the amount of N/A
48. Self-Dealing and Arm’s Length Transactions: All expenditures for which
reimbursement pursuant to this Agreement is sought shall be the result of arm’s-
length transactions and not the result of, or motivated by, self-dealing on the
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part of the Subrecipient or any employee or agent of the Subrecipient. For
purposes of this provision, “arm’s-length transactions” are those in which both
parties are on equal footing and fair market forces are at play, such as when
multiple vendors are invited to compete for an entity’s business and the entity
chooses the lowest of the resulting bids. “Self-dealing” is involved where an
individual or entity is obligated to act as a trustee or fiduciary, as when handling
public funds, and chooses to act in a manner that will benefit the individual or
entity, directly or indirectly, to the detriment of, and in conflict with, the public
purpose for which all award monies are to be expended.
49. Severability: If any part of this Agreement is found to be unlawful or
unenforceable, such provisions will be voided and severed from this Agreement,
but the remainder of the provisions in the Agreement will remain in full force and
effect.
50. Site Visits: The Subrecipient shall allow the California State Library to access and
conduct site visits, with reasonable notice, at which grant funds are expended
and related work being performed at any time during the performance of the
work and for up to ninety (90) days after completion of the work, or until all issues
related to the grant project have been resolved. A site visit may include, but not
be limited to, monitoring the use of grant funds, provide technical assistance
when needed, and to visit the State funded project.
51. Subrecipient: The Subrecipient is the government or other legal entity to which a
subaward is awarded and which is accountable to the grantee for the use of
the funds provided.
a. The subrecipient will make reports to the State Librarian in such form and
containing such information as may be required to enable the California
State Library to perform its duties. The subrecipient will keep such records
and afford such access as the California State Librarian or Library may find
necessary to assure the correctness and verification of such reports.
b. The control of funds and title to property derived there from shall be in a
subrecipient agency for the uses and purposes provided; a subrecipient
agency will administer such property and funds and shall apply funds only
for the purposes for which they were granted.
52. Subrecipient Accountability: The Subrecipient is ultimately responsible and
accountable for the manner in which the grant funds are utilized and
accounted for and the way the grant is administered, even if the Subrecipient
has contracted with another organization, public or private, to administer or
operate its grant program. In the event an audit should determine that grant
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funds are owed to the California State Library, the Subrecipient is responsible for
repayment of the funds to the California State Library.
53. Subrecipient Funds: It is mutually agreed that the Subrecipient is responsible for
furnishing funds beyond the grant award that may be necessary to complete
the project.
54. Termination: The Agreement shall be subject to termination by the State
Librarian or designee upon notice to the Subrecipient at least thirty (30) days
prior to the effective date of termination. In the event this agreement is
terminated, the Subrecipient shall deliver to the State Librarian copies of all
reports, accounting, data, and materials prepared up to the date of termination.
The State Librarian shall determine, and pay the Subrecipient for necessary and
appropriate expenditures and obligations up to the date of termination which
have not been covered by prior installments previously paid to the Subrecipient.
Upon such termination, the unused portion of the grant award must be returned
to the California State Library within 45 days. If funding has been advanced to
the Subrecipient, any unobligated balances, as determined by the State
Librarian, shall be returned to the State Library within 45 days of the notice of
termination.
The State Librarian is empowered to review, audit, and inspect the project for
compliance with this agreement.
55. Timeline: Time is of the essence to this Agreement. It is mutually agreed between
the parties that the grant application and the timeline included therein are part
of the Agreement.
56. Unused Funds: At the end-of-term Subrecipient agrees to return any
unexpended or unaccounted for funds to the State Library, or to submit a written
request for an extension of the award period. Funds will be considered
unexpended or unaccounted if they were: (1) not used for their intended
purpose, or (2) used inconsistently with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the
proposal outcomes or deliverables are materially incomplete by the end-of-term
or earlier termination, as determined by the State Library in its sole discretion.
57. Waiver of Rights: California State Library shall not be deemed to have waived
any rights under this Agreement unless such waiver is given in writing and signed
by California State Library. No delay or omission on the part of California State
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Library in exercising any rights shall operate as a waiver of such right or any other
right. A waiver by California State Library of a provision of this Agreement shall
not prejudice or constitute a waiver of California State Library’s right otherwise to
demand strict compliance with that provision or any other provision of this
Agreement. No prior waiver by California State Library, nor any course of dealing
between California State Library and Subrecipient, shall constitute a waiver of
any of California State Library’s rights or of any of Subrecipient’s obligations as to
any future transactions. Whenever the consent of California State Library is
required under this Agreement, the granting of such consent by California State
Library in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of California State Library.
58. Work Products: Subrecipient shall provide California State Library with copies of
all final products identified in the Work Plan and Application. Subrecipient shall
also provide the State Library with copies of all public education and advertising
material produced pursuant to this Agreement.
59. Workers’ Compensation: The State of California will not provide Workers’
Compensation insurance for Subrecipient or Subrecipient’s employees or
contract personnel. If Subrecipient hires employees to perform services required
by this Agreement, Subrecipient shall provide Workers’ Compensation insurance
for them. The Subrecipient is aware of Labor Code Section 3700, which requires
every employer to be insured against liability for Workers’ Compensation or to
undertake self-insurance in accordance with the Labor Code, and the
Subrecipient agrees to comply with such provisions before commencing the
performance of the work of this Agreement.
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EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS
To clarify some of the more commonly-occurring questions regarding how Library
Services and Technology Act (LSTA) funds can or cannot be used, please see the list of
explanations below. These explanations have been extracted from the Code of Federal
Regulations and list important highlights of allowable and unallowable costs.
Administrators and project coordinators of LSTA grant projects are cautioned that they
must abide by all regulations in conducting their projects and in allotting charges
against grant funds. In cases of ambiguity, uncertainty, or questions in identifying
allowable cost items under Federal procedures, contact the LSTA Grant Email at
LSTAGrants@library.ca.gov . A complete list with descriptions can be found on the
Electronic Code of Federal Regulations webpage.
1. ADVERTISING AND PUBLIC RELATIONS Advertising costs are allowable only when
incurred for the recruitment of personnel, the procurement of goods and
services, the disposal of scrap or surplus materials, and other specific purposes
necessary to meet the requirements of the Federal award. Public relations costs
are allowable when incurred to communicate with the public and press
pertaining to specific activities or accomplishments that result from performance
of the Federal award. Costs of advertising and public relations at conventions,
meetings or other events, including displays, demonstrations, exhibits, meeting
rooms, hospitality suites, and special facilities used in conjunction with shows and
special events; and salaries of employees engaged in setting up and displaying
exhibits, making demonstrations, and providing briefings are unallowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Advertising and Public Relations
2. ADVISORY COUNCILS Costs incurred by advisory councils or committees are
unallowable unless authorized by statute, the Federal awarding agency or as an
indirect cost where allocable to Federal awards. See § 200.444 General costs of
government, applicable to states, local governments and Indian tribes. Source: 2
CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. See Electronic Code of Federal Regulations:
Advisory Councils
3. ALCOHOLIC BEVERAGES Costs of alcoholic beverages are unallowable. Source: 2
CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
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Requirements for Federal Awards. See Electronic Code of Federal Regulations:
Alcoholic Beverages
4. BUILDING, CONSTRUCTION, RENOVATION COSTS Building, construction, or
renovation costs are unallowable. Source: 2 CFR Part 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards. See
Electronic Code of Federal Regulations: Equipment and Other Capital
Expenditures, Rearrangement and Reconversion Costs, and Maintenance and
Repair Costs
5. CONFERENCES Costs of meetings and conferences, including meals,
transportation, rental of meeting facilities, and other incidental costs, where the
primary purpose is the dissemination of technical information, are allowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Conferences
6. CONTRIBUTIONS, DONATIONS, HONORARIUMS, STIPENDS Contributions and
donations, including cash, property, and services, that use grant funds and are
made by grant recipients to others, regardless of the recipient, are unallowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Contributions and Donations
(NOTE: Honorariums and stipends are also unallowable. Wages, salaries,
reimbursements, payment for work done, and fees charged by speakers are
allowable)
7. ENTERTAINMENT Costs of entertainment, including amusement, diversion, and
social activities, and any costs directly associated with those, such as tickets to
shows or sports events, meals, lodging, rentals, transportation, and gratuities are
unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. See Electronic Code of
Federal Regulations: Entertainment
8. FUND-RAISING Costs of organized fund-raising, including financial campaigns,
solicitation of gifts and bequests, and similar expenses incurred to raise capital or
to obtain contributions, are unallowable. Source: 2 CFR Part 200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. See Electronic Code of Federal Regulations: Fundraising
9. GENERAL GOVERNMENT EXPENSES The general costs of government, including
services normally provided to the general public, such as fire and police, are
unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. See Electronic Code of
Federal Regulations: General Government Expenses
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10. INCOME FROM PROJECT Project income, e.g., fees charged for the use of library
space in the context of a grant project, or to recover out of pocket project-
related costs, or to create products such as manuals, or for other expenditures
directly related to and used for the purposes of the grant and accrued under
the conditions of the grant award, are allowable. Source: 2 CFR Part 200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. See Electronic Code of Federal Regulations: Program Income
11. LOBBYING The cost of certain influencing activities associated with obtaining
grants, contracts, cooperative agreements or loans, is unallowable. Costs of
membership in organizations substantially engaged in lobbying are unallowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Lobbying
12. MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES Costs of the grant
recipient’s memberships in business, technical, and professional organizations
are allowable. (NOTE: The State Library’s policy is that use of LSTA funds for
personal memberships in organizations is not permitted.) Subscriptions to
business, professional, and technical periodicals are allowable. Source: 2 CFR
Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. See Electronic Code of Federal Regulations:
Memberships, Subscriptions, and Professional Activities
13. PREMIUMS, PRIZES, INCENTIVES, AND SOUVENIRS Costs of promotional items and
memorabilia, including models, gifts, and souvenirs, are unallowable. See
ADVERTISING AND PUBLIC RELATIONS (e)(3).
14. REFRESHMENTS See ENTERTAINMENT (unallowable), and MEMBERSHIPS,
SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES (allowable).
15. TRAINING The cost of training provided for employee development is allowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Training
16. TRAVEL EXPENSE Travel costs are allowable for expenses for transportation,
lodging, subsistence, and related items incurred by employees traveling on
official business. Charges should be consistent with those normally allowed in like
circumstances of the grant recipient organization in its regular operations and
policy, in non-federally sponsored activities. An exception to this is that car
mileage reimbursement for all awarded LSTA grants cannot exceed the current
state rate of 58 cents per mile (CPM). Reimbursement is the preferred method of
payment for travel expenses. Source: 2 CFR Part 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards. See
Electronic Code of Federal Regulations: Travel
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(NOTE: The State Library’s policy on out-of-state travel and conferences is that
they are generally not allowed. There are exceptions, however, based on the
importance of the travel and/or conference to the grant. If your grant will
include out-of-state travel or attendance at an out-of-state conference, consult
with your grant monitor beforehand to obtain State Library approval before
scheduling the trip or registering for the conference.)
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EXHIBIT C: LSTA AWARD REQUIREMENTS
A. CIPA Compliance
The Institute of Museum and Library Services establishes guidelines to ensure that the
California State Library’s implementation of the Children's Internet Protection Act (CIPA)
complies with the 2003 decision of the US Supreme Court. The California State Library is
required by 20 U.S.C. Section 9134(b)(7) to provide assurance that we will comply with
20 U.S.C. Section 9134(f), which sets out standards relating to Internet Safety for public
libraries and public elementary school and secondary school libraries.
Under CIPA, California State Library must assure the Federal Government that no funds
will be made available for public libraries and public elementary and secondary school
libraries to purchase computers to access the Internet or pay for the direct costs of
accessing the Internet unless the libraries have certified that they have Internet safety
policies and technology protection measures, e.g., software filtering technology, in
place. California State Library must collect certifications from libraries subject to CIPA
that apply to the States for Library Services and Technology Act (LSTA) funding. Public
libraries and public elementary and secondary school libraries must be in compliance
with CIPA to obtain IMLS State Program funding which will be used to purchase
computers used to access the Internet or to pay for direct costs associated with
accessing the Internet.
The director or the authorized representative of the Subrecipient organization receiving
LSTA funding must certify that the library is one of the following:
An individual applicant that is CIPA compliant.
The applicant library, as a public library, a public elementary school library or a public
secondary school library, has complied with the requirements of Section 9134(f)(1) of
the Library Services and Technology Act.
Representing a group of applicants. Those applicants that are subject to CIPA
requirements have certified they are CIPA compliant.
All public libraries, public elementary school libraries, and public secondary school
libraries, participating in the application have complied with the requirements of
Section 9134(f)(1) of the Library Services and Technology Act. The library submitting this
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application has collected Internet Safety Certifications from all other applicants who
are subject to CIPA requirements. The library will keep these certifications on file with
other application materials, and if awarded funds, with other project records.
Not Subject to CIPA Requirements.
CIPA requirements do not apply because no LSTA funds made available under this
grant program will be used to purchase computers that can access the Internet or to
pay for direct costs associated with accessing the Internet.
For more information on CIPA, please visit the Children’s Internet Protection Act (CIPA)
webpage on the Federal Communications Commission’s (FCC) website.
B. Contracting Guidance
OMB’s Code of Federal Regulations outlines important regulations surrounding
contracts that, as a recipient of LSTA funds, the State Library and its subrecipients must
follow.
C. Language Access Services
To remain compliant with Title VI of the Civil Rights Act of 1964, all LSTA funding
recipients must take reasonable steps to make LSTA-funded awards accessible to
people with limited English proficiency.
These procedures apply to all of California State Library’s federally funded programs
and activities and extends to all programs and activities conducted by the State
Library’s federally funded sub-recipients.
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EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM
1. AUTHORIZED REPESENTATIVE: I certify that the authorized representative named
below is the legally designated representative of the Subrecipient for this Award
Agreement and project, and is authorized to receive and expend funds in order
to administer this award program.
I certify that all information provided to the California State Library for review in
association with this award is correct and complete to the best of my
knowledge, and as the authorized representative of the Subrecipient, I commit
to the conditions of this award, and I have the legal authority to do so.
I certify that any or all other subrecipients participating in the program have
agreed to the terms of the application/grant award, and have entered into an
agreement(s) concerning the final disposition of equipment, facilities, and
materials purchased for this program from the funds awarded for the activities
and services described in the attached, as approved and/or as amended in the
application by the California State Librarian.
The authorized representative, on behalf of the Subrecipient, certifies that the
Subrecipient will comply with all applicable requirements of all State and Federal
laws, regulations, and policies governing this program, to include the
requirements listed below in this Certification of Compliance Form.
a. The organization receiving this LSTA award, as listed in the certification section
below, and all program staff, agree to comply with the Uniform Guidance for
Grants outlined in the Code of Federal Regulations established by the United
State Office of Management and Budget
b. The organization receiving this LSTA award, as listed in the certification section
below, and all program staff, agree to comply with the rules, regulations and
guidance provided by the following:
IMLS LSTA Administration Guidance
California Code of Regulations established by the California Office of
Administrative Law
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The organization receiving this LSTA award, as listed in the certification section
below, and all project staff agree, to comply with all state and federal laws,
regulations, and policies governing this program, to include the requirements
contained in LSTA Award Requirements section of this document.
The authorized representative, on behalf of the Subrecipient, hereby certifies to
the California State Library, for an award of funds in the amount $19,340. This
award will provide library services as set forth in the LSTA Service Project
Application as approved and/or as amended by the California State Librarian.
2. STATEMENT OF COMPLIANCE: Subrecipient has, unless exempted, complied with
the non-discrimination program requirements. (Gov. Code §12990 (a-f) and
CCR, Title 2, Section 11102).
3. DRUG-FREE WORKPLACE REQUIREMENTS: Subrecipient will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-
free workplace by taking the following actions:
b. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
c. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free
workplace;
iii. any available counseling, rehabilitation and employee assistance
programs; and,
iv. penalties that may be imposed upon employees for drug abuse
violations.
d. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy
statement; and,
ii. agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and Subrecipient
may be ineligible for award of any future State agreements if the department
determines that any of the following has occurred: the Subrecipient has made
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false certification or violated the certification by failing to carry out the
requirements as noted above. (Gov. Code § 8350 et. seq.)
4. CONFLICT OF INTEREST: Subrecipient needs to be aware of the following
provisions regarding current or former state employees. If Subrecipient has any
questions on the status of any person rendering services or involved with the
Agreement, the California State Library must be contacted immediately for
clarification
Current State Employees (Pub. Contract Code § 10410):
a). No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives compensation or has a
financial interest and which is sponsored or funded by any state agency, unless
the employment, activity or enterprise is required as a condition of regular state
employment.
b). No officer or employee shall contract on their own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a). For the two-year period from the date he or she left state employment, no
former state officer or employee may enter into a contract in which he or she
engaged in any of the negotiations, transactions, planning, arrangements or any
part of the decision-making process relevant to the contract while employed in
any capacity by any state agency.
b). For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contract with any state
agency if he or she was employed by that state agency in a policy-making
position in the same general subject area as the proposed contract within the
12-month period prior to their leaving state service.
If Subrecipient violates any provisions of above paragraphs, such action by
Subrecipient shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or
commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
5. LABOR CODE/WORKERS' COMPENSATION: Subrecipient needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions,
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and Subrecipient affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code § 3700).
6. AMERICANS WITH DISABILITIES ACT: Subrecipient assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
7. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local
governing body which by law has authority to enter into an agreement,
authorizing execution of the agreement.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Subrecipients.
9. NONDISCRIMINATION:
The authorized representative certifies that the Subrecipient or its Fiscal
Agent will comply with the following:
a. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000
et seq.), which prohibits discrimination on the basis of race, color, or
national origin;
b. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 701 et seq.), which prohibits discrimination on the basis of disability
(note: IMLS applies the regulations in 45 C.F.R part 1170 in
determining compliance with § 504 as it applies to recipients of
Federal assistance);
c. Title IX of the Education Amendments of 1972, as amended (20
U.S.C. § 1681–83, 1685-86), which prohibits discrimination on the basis
of sex in education programs;
d. T he Age Discrimination in Employment Act of 1975, as amended (42
U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age; and
e. The requirements of any other nondiscrimination statute(s) which
may apply.
10. DEBARMENT AND SUSPENSION:
The authorized representative certifies to the best of their knowledge and belief
that neither the Subrecipient nor its Fiscal Agent:
a. Are presently excluded or disqualified;
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b. Have been convicted within the preceding three years of any of the
offenses listed in 2 C.F.R. part 180.800(a) or had a civil judgment
rendered against it or them for one of those offenses within that time
period; fraud, antitrust, embezzlement, forgery, bribery, tax evasion,
making false statements, receiving stolen property, or similar offenses
so serious as to affect the integrity of the subrecipient or its fiscal
agent.
c. Are presently indicted for or otherwise criminally or civilly charged by
a governmental entity (Federal, State, or local) with commission of
any of the offenses listed in 2 C.F.R. part 180.800(a) and enumerated
above.
d. Have had one or more public transactions (Federal, State, or local)
terminated within the preceding three years for cause or default.
11. TRAFFICKING IN PERSONS:
The authorized representative certifies to the best of their knowledge and belief
that neither the Subrecipient nor its Fiscal Agent:
engages in trafficking in persons, procures a commercial sex act, or
uses forced labor
procures a commercial sex act during the period of time that the
award is in effect
uses forced labor in the performance of the grant
12. FEDERAL DEBT STATUS: Representative certifies to the best of their knowledge and
belief that the Subrecipient is not delinquent in the repayment of any Federal
debt.
13. CERTIFICATION REGARDING LOBBYING ACTIVITIES (APPLIES TO APPLICANTS
REQUESTING FUNDS IN EXCESS OF $100,000) (31 U.S.C. § 1352):
a. No Librar y Services and Technology Act funds have been paid or will be
paid, b y or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of a
Federal contract, the making of a Federal grant, the making of a Federal
loan, the entering into of a cooperative agreement, or the extension,
continuation, renewal, amendment, or modification of a Federal
contract, grant, loan, or cooperative agreement.
b. No Library Services and Technology Act funds have been paid or will be
paid, b y or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any State agency,
Member of the Legislature, an officer or employee of the Legislature, or
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an employee of a Member of the Legislature in connection with legislative
action through oral or written communication with State legislative
officials, or solicitation of others to influence or attempt to influence
legislative action.
c. No Librar y Services and Technology Act or other federal funds have been
paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence any officer or employee of any
count y, district, or city agency, in connection with legislative action
through oral or written communication with officials, or solicitation of
others to influence or attempt to influence legislative action. LSTA funds
will not be used for costs to:
draft legislation or resolutions
travel to meetings of governmental bodies urge passage of legislation
or resolutions
survey voters regarding passage and drafting of legislation or
resolutions
pay governmental fees (use fees, ballot filing fees, permits, etc.)
14. DRUG-FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the
requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace
(Financial Assistance)). In particular, the recipient must comply with drug-
free workplace requirements in subpart B of 2 C.F.R. part 3186, which
adopts the Government-wide implementation (2 C.F.R. part 182) of
sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690,
Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes, but is not limited to: making a good faith effort, on a
continuing basis, to maintain a drug-free workplace; publishing a drug-
free workplace statement; establishing a drug-free awareness program
for the employees; taking actions concerning employees who are
convicted of violating drug statutes in the workplace.
15. LSTA AWARD REQUIREMENTS: I have read, understand and agree to comply with
the LSTA Award Requirements as outlined in this award packet.
16. CIPA CERTIFICATION: The organization receiving this LSTA award, as listed in the
certification section below is (please select one):
☐ An individual applicant that is CIPA compliant
☐ Representing a group of applicants. Those applicants that are subject
to CIPA requirements have certified that they are CIPA compliant
☐ Not subject to CIPA requirements
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
Page 80 of 369
National City Public Library
Community Memory Lab
2022-2023
40-9353
Page 36 of 40
17. LANGUAGE ACCESS SERVICES: The organization receiving this LSTA award, as
listed in the certification section below, and all program staff, agree to comply
with the language access services requirement as prescribed by Title VI of the
Civil Rights Act of 1964.
18. ACCESSIBILITY: The organization receiving this LSTA award, as listed in the
certification section below, and all program staff, will ensure all LSTA-funded
project materials will meet California accessibility standards.
The State is responsible for ensuring that public websites are accessible to both
the general public and state employees, including persons with disabilities.
Subrecipient shall assist the State in meeting its responsibility. Therefore, all
project materials generated by state funded programs must meet the California
Accessibility Standards. Additionally, all project materials designed, developed,
and maintained shall be in compliance with the California Government Code,
sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a
subsequent version, as published by the Web Accessibility Initiative of the World
Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in
compliance to meet these standards, please still submit it to the State Library.
When submitting the material make sure to note that the material is not
accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its
website that are in compliance with these standards.
Common, applicable award materials include, but are not limited to:
Project toolkits
Digital resources
Publications
Survey templates
Project marketing materials
19. ACKNOWLEDGEMENT: The organization receiving this LSTA award, as listed in the
certification section below, and all program staff, agree to comply with IMLS and
California State Library acknowledgement requirements.
20. ADDITIONAL CERTIFICATIONS : The authorized representative also certifies
that the Subrecipient or its Fiscal Agent will comply with the following:
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
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National City Public Library
Community Memory Lab
2022-2023
40-9353
Page 37 of 40
all requirements by the Federal-sponsoring agency concerning special
requirements of law, program requirements, and other administrative
requirements.
insuring the facilities under its ownership, lease or supervision which shall
be utilized in the accomplishment of the project are not listed on the
Environmental Protection Agency's (EPA) list of violating facilities and that
it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration
for listing by the EPA.
the flood insurance purchase requirements of Section 102(a) requires, on
or after March 2, 1975, the purchase of flood insurance in communities
where such insurance is available as a condition for the receipt of any
Federal financial assistance for construction or acquisition purposes for
use in any area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having
special flood hazards. The phrase "Federal financial assistance" includes
any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect
Federal assistance.
assisting the Federal grantor agency in its compliance with Section 106 of
the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470),
Executive Order 11593, and the Archeological and Historic Preservation
Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State
Historic Preservation Officer on the conduct of investigations, as
necessary to identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to adverse effects (see
36 CFR Part 800.8) by the activity, and notifying the Federal grantor
agency of the existence of any such properties, and by (b) complying
with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
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National City Public Library
Community Memory Lab
2022-2023
40-9353
Page 38 of 40
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
SUBRECIPIENT AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
jryan@nationalcityca.gov
Joyce Ryan
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National City Public Library
Community Memory Lab
2022-2023
40-9353
Page 39 of 40
Authorized Representative Signature
In Witness Whereof, This Grant Agreement has been executed by the parties hereto.
ORGANIZATION
Name: Address:
Authorized Representative
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name:
California State Library
Address:
900 N St.
Sacramento, CA 95814
Signature: Date:
Printed Name of Person Signing:
Greg Lucas
Title:
State Librarian
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
10/13/2022
Joyce Ryan
Page 84 of 369
CALIFORNIA STATE LIBRARY FINANCIAL CLAIM
LIBRARY SERVICES & TECHNOLOGY ACT FINAL PAYMENT
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein;
that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and
that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee
discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address,
please contact Fiscal Services at federalgrants.fiscal@library.ca.gov.
If you are not using DocuSign electronic signature to submit your claim, please complete the following:
EMAIL A SCANNED COPY:
federalgrants.fiscal@library.ca.gov
MAIL ONE ORIGINAL SIGNATURE TO:
California State Library
Fiscal Office – Federally Funded Programs
PO Box 942837
Sacramento, CA 94237-0001
State of California, State Library Fiscal Office
FAIN: LS-252449-0LS-22
ENACTMENT YEAR: 2022 ITEM NO: 6120-211-0890, Chapter 43, Statutes of 2022
PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000
ACCOUNT: 5432000 BUDGET PROGRAM: 5312
By Date
(State Library Representative)
Grant Award #: 40-9353 Date:
Invoice #:
40-9353-001 PO #:
Payee Name: National City Public Library
(Legal name of authorized agency to receive, disburse and account for funds *)
Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address)
Amount Claimed: $19,340 Type of Payment:
Payable Upon Execution of Agreement ☐ PROGRESS
Grantee Name: National City Public Library ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: Community Memory Lab ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
Joyce Ryan
Page 85 of 369
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return)
BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above)
MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2)
CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL
☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual
☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must
match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.
•
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an
SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may
not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the
sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB
prefers SSN).
For Single Member LLC (disregarded entity), in which the sole member is a
business entity, enter the owner entity’s FEIN. Do not use the disregarded
entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership,
estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ -___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ -___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.
☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.
☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS
SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)
CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset FormDocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
900 N Street
CA
916-603-7157
accounting@library.ca.govSacramento
Admin/AccountingCa. State Library
95814Page 86 of 369
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a
payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from
multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required
payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099)
are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when
applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return.
• Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the
individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name.
• Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level.
• Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match
to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement
to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for…
Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual
Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual
Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships
Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust
Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery
care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature
Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal
or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature
Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt
Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC
that is to be taxed as a Corporation and does not meet any of the other corporation types listed above
Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer
Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of
Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in
California.
• A partnership is considered a resident partnership if it has a permanent place of business in California.
• An estate is a resident if the decedent was a California resident at time of death.
• A trust is a resident if at least one trustee is a California resident.
o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and
any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose
that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short
duration will be considered a nonresident.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov
For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is
provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can
provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to
disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority
such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the
requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the
right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the
accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
DocuSign Envelope ID: D42E9714-D41A-4624-8C95-25C55B139B91
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE STATE LIBRARY
GRANT IN THE AMOUNT OF $19,340 TO FUND THE NATIONAL CITY PUBLIC LIBRARY’S
MEMORY LAB PROGRAM FOR FISCAL YEAR 2023 AND AUTHORIZING THE
ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $19,340 AND
CORRESPONDING REVENUE BUDGET.
WHEREAS, the Kile Morgan Local History Room at the National City Public Library
houses the Library’s collection of National City history materials and this unique collection, rich in
primary sources, supports the room’s mission to preserve the heritage of past and present
accomplishments in National City for both residents and researchers; and
WHEREAS, it has been determined that new equipment is needed to create opportunities
for staff and the public to transfer historic items onto digital media; and
WHEREAS, the California State Library has awarded the National City Public Library with
grant funds of 19,340 for the Memory Lab Program to develop a digital preservation workstation
that meets the transfer needs of our community residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the acceptance of grant funds in
the amount of $19,340 from the California State Library to fund the National City Public Library’s
Memory Lab Program for Fiscal Year 2023 and authorizes the establishment of Library Grant
Fund appropriations in the amount of $19,340 and a corresponding revenue budget.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 88 of 369
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Walter Amedee, Management Analyst III
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Approve Sole Source purchase of California Governor’s Office of Emergency Services (CalOES)
High Frequency Radio for the Emergency Operations Center (EOC).
RECOMMENDATION:
Adopt the resolution Entitled, “Resolution of the City Council of the City of National City, California,
Authorizing the Waiving of the Formal Bid Process Pursuant to NCMC Section 2.60.220(B) for
the Sole Source Purchase of a High Frequency Communications System for the Emergency
Operations Center (EOC) From NVIS Communications, LLC, a Sole Source Vendor Of Codan
Radio Equipment from the California Governor's Office of Emergency Services (CalOES) Grant
for a Not To Exceed Amount of $60,000.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Resolution 2022-110 authorized the establishment of an appropriation and corresponding
revenue budget for $60,000 for the California Governor's Office of Emergency Services (CalOES)
Grant for the reimbursable grant purchase of a High Frequency (HF) Communications System for
the Emergency Operations Center (EOC). The appropriation was to purchase one base station
and two portable radios, but was modified to include one base station and only one portable radio
based on obtained quotes.
Codan High Frequency (HF) Radio Equipment is being deployed throughout the State of
California. This project is managed by the California Office of Emergency Services (CAL -OES).
As the manager of this project, CAL-OES is using Codan HF equipment.
Since CAL-OES is using Codan equipment for their HF communications needs, all sub recipients
of the HF grant program must be able to communicate with CAL-OES and each other. Therefore,
cities also need to procure Codan equipment. This allows for certain Codan features on the radio
to interoperate correctly (i.e. encryption, data transfer application).
The State of California, Department of General Services entered into a Participating Addendum
Number 7-22-70-49-21 between Daniels Electronics Ltd under the lead state of Washington
NASPO ValuePoint Master Agreement Number 00318. The Master Agreement Number 00318
is available for use by California local governments to purchase public safety communications
products, services, and solutions. The Codan radio equipment is on the Master Agreement
Number 00318.
Page 89 of 369
As allowed by National City Municipal Code Section 2.60.220 (B) - Open market procedure—
Exception to bidding requirements, the National City Fire Department requests the purchase of a
Codan 3G Envoy Base Station and a Codan FLYK-125-Smart Transportable Radio from NVIS
Communications LLC, a sole source provider on the Master Agreement Number 00318. Funding
for this purchase was provided by a CalEOS Grant, which has already been set up in a not to
exceed amount of $60,000.00.
NVIS Communications LLC is the sole supplier of Codan equipment in the United States. No
other Codan suppliers are available in the U.S. Therefore, purchasing this equipment from NVIS
Communications LLC must be considered a sole source procurement.
NVIS Communications LLC is pleased to offer the City of National City the opportunity to take
advantage of the competitive bid prices in the Master Agreement Number 00318.
Accordingly, staff recommends waiving the formal bid process pursuant to NC MC Section
2.60.220(B) for the sole source purchase of the base station radio and portable radio from NVIS
Communications LLC for a not to exceed amount of $60,000.00.
2.60.220 - Open market procedure—Exception to bidding requirements:
In any of the following instances, the city manager or purchasing agent may dispense with the
requirements of bidding when any of the following applies, provided the circumstances are
completely documented:
B. The commodity, regardless of value, can be obtained from only one source. Sole
source procurements may be used when there is only one source from which a particular
commodity is available and there is no adequate substitute. Sole source procurement may
also be used when it is clear that competitive bidding will not produce any competitive
advantage or would be impractical or not meet an urgent city procurement need.
(Ord. 2262 § 1 (part), 2005)
FINANCIAL STATEMENT:
Expenditure Account: Expenditure Account: 282-412-958-515-0000 - $60,000.00
Revenue Account: 282-12958-3463 - $60,000.00
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 – State of California Participating Addendum Number 7-22-70-49-21
Exhibit B – NVIS Dealer Sole Source Letter - National City
Exhibit C – Resolution
Page 90 of 369
Page 1 of 9
STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-22-70-49-21
PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES, AND SOLUTIONS
Washington NASPO ValuePoint Master Agreement Number 00318
Daniels Electronics Ltd (Contractor)
This Participating Addendum Number 7-22-70-49-21 is entered into between the State
of California, Department of General Services (hereafter referred to as “State” or “DGS”)
and Daniels Electronics Ltd (hereafter referred to as “Contractor”) under the lead state
of Washington NASPO ValuePoint Master Agreement Number 00318.
1.SCOPE
A.This Participating Addendum covers the purchase of Public Safety
Communications Products, Services, and Solutions under the Washington
NASPO ValuePoint Master Agreement. The Washington NASPO ValuePoint
Master Agreement is hereby incorporated by reference. Product and service
categories included under this Participating Addendum are identified in Section 5
(Available Products and Services).
B.This Participating Addendum is available for use by California state agencies and
local governments. A local government is defined as any city, county, city and
county, district, or other local governmental body, school district or corporation
empowered to expend public funds. The State Agency Listing
(https://www.ca.gov/agenciesall/) provides a comprehensive list of state
agencies.
C.Each local government is to make its own determination whether this
Participating Addendum and the Washington NASPO ValuePoint Master
Agreement are consistent with its procurement policies and regulations.
2.TERM
A.The term of this Participating Addendum shall begin on January 1, 2022, or upon
signature approval by the State, whichever is later. The term will end on
December 31, 2026, or upon termination by the State, whichever occurs first.
B.Lead State amendments to extend the NASPO ValuePoint Master Agreement
term date are not automatically incorporated into this Participating Addendum.
Extension(s) to the term of this Participating Addendum will be through a written
amendment upon mutual agreement between the State and the Contractor .
C.Order placement and execution shall be on or before the expiration of this
Participating Addendum. However, delivery of p roducts or completion of services
may be after the Participating Addendum expiration date.
Page 91 of 369
Participating Addendum 7-22-70-49-21
Page 2 of 9
3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and
made a part of this Participating Addendum as if attached herein and shall apply
to the purchase of goods or services made under this Participating Addendum.
1) General Provisions – Information Technology (GSPD-401IT) effective
11/19/2021.
2) Attachment A, Public Safety Radio Goods Special Provisions, TDe-947
(Rev. 12/2016).
B. General Provisions – Information Technology (GSPD-401IT) can be viewed on
the DGS Procurement Division website
(https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-
Resources-List-Folder/Model-Contract-Language).
4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions
which constitute this agreement, the following descending order of precedence
shall apply:
1) California Participating Addendum Number 7-22-70-49-21
2) Washington NASPO ValuePoint Master Agreement Number 00318
5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service offerings from the Washington NASPO
ValuePoint Master Agreement Number 00318 are allowed under this
Participating Addendum:
Category 1 – Radio (P25)
Sub-Category 1.7 – Radio: Base Station/Repeater (P25)
Category 2 – Conventional Analog Portable (Non-P25)
Sub-Category 2.4 – Radio: Conventional Analog Base Station/Repeater
(Non-P25)
6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE
AGENCIES ONLY)
A. The following restrictions apply to state agency purchases under this
Participating Addendum:
1) Product and service categories that are available on mandatory California
statewide contracts cannot be purchased from this Participating
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Participating Addendum 7-22-70-49-21
Page 3 of 9
Addendum by State agencies without an exemption. State agencies are
responsible for obtaining a mandatory statewide contract exemption from
DGS prior to issuing a purchase order. State Departments are responsible
for obtaining an exemption from California Governor’s Office of
Emergency Services, Public Service Communications (CAL OES-PSC)
prior to issuing a purchase order. This restriction is not applicable to
political subdivisions/local governments.
2) Contractor shall reject State purchase orders for radio and related
electronic equipment not stamped and signed by Cal OES-PSC, or risk
termination of their Participating Addendum.
3) Services that fall within the definition of “public works” as defined in Public
Contract Code, Section 1101 and Labor Code Section 1720 are
disallowed under this cooperative agreement and must be procured by
alternate means. This restriction is not applicable to local governments.
7. PRICING
Contractor is responsible for maintaining a current price list of available products and
services on the NASPO ValuePoint Public Safety Communications Products,
Services, and Solutions website.
8. AUTHORIZED RESELLERS
Authorized Resellers are not available for this Participating Addendum.
9. SUBCONTRACTORS
A. Nothing contained in this Agreement or otherwise, shall create any contractual
relation between the State and any subcontractors, and no subcontract shall
relieve Contractor of its responsibilities and obligations hereunder. Contractor
agrees to be as fully responsible to the State for the acts and omissions of its
subcontractors and of persons either directly or indirectly employed by any of
them as it is for the acts and omissions of persons directly employed by the
Contractor. Contractor's obligation to pay its subcontractors is an independent
obligation from the State's obligation to make payments to the Contractor.
B. Contractor shall perform the work contemplated with resources available within
its own organization and no portion of the work shall be subcontracted except for
subcontractors listed on the Bidder Declaration (GSPD-05-105) provided to
ordering agencies at the time an order is quoted.
C. As the prime contractor, Contractor is responsible for reports and fees required
by the terms and conditions of the NASPO ValuePoint Master Agreement and
State Participating Addendum.
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Participating Addendum 7-22-70-49-21
Page 4 of 9
D.Any subcontract in excess of $25,000, entered into as a result of this Agreement,
shall contain all the provisions stipulated in this Agreement to be applicable to
subcontractors.
10. ORDERING AGENCY RESPONSIBILITIES
A.State agency and local government use of this Participating Addendum is
optional.
B.State agencies and local governments must follow the ordering procedures
outlined within the User Instructions guide, administered by the State Contract
Administrator, to execute orders against this Participating Addendum. User
Instructions are posted on the State’s Cal eProcure website.
C.All purchase orders issued by Participating Entities under this Addendum shall
include the State Participating Addendum Number 7-22-70-49-21.
11. STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A.State agencies are required to report purchases made within the eleven product
categories in the California Department of Resources Recycling and Recovery’s
State Agency Buy Recycled Campaign (SABRC) per Public Contract Code
sections 12200-12217.
B.Contractor will be required to complete and return a Recycled-Content
Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon requ est
by the state agency.
12. DELIVERY
A.Delivery shall occur as negotiated between ordering agency and contractor and
included in the purchase order, or as otherwise stipulated in the NASPO
ValuePoint Master Agreement.
B.Free On Board (F.O.B.) Destination, freight prepaid by the Contractor, to the
ordering agency’s receiving point.
13. INVOICING AND PAYMENT
A.Payment terms for this Participating Addendum are net 45 days. Payment will be
made in accordance with IT General Provisions Paragraph 30 (Required
Payment Date).
B.Invoices shall be sent to the address identified in the ordering agency’s purchase
order. The State Participating Addendum Number and ordering agency purchase
order number shall appear on each invoice for all purchases placed under this
Participating Addendum.
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Participating Addendum 7-22-70-49-21
Page 5 of 9
C.Contractor does not accept the State of California credit card (CAL-Card) for
payment of invoices.
14. USAGE REPORTING
A.Contractor shall submit usage reports on a quarterly basis to the State Contract
Administrator for all California entity purchases using the report template
attached hereto as Attachment B. The report is due even when there is no
activity.
B.The DGS Contract Administrator reserves the right to modify Attachment B and
require Contractor to provide additional order information during the course of
this Agreement.
C.The report shall be an Excel spreadsheet transmitted electronically to the DGS
Cooperatives mailbox (PDCooperatives@dgs.ca.gov).
D.Any report that does not follow the required format or that excludes information
will be deemed incomplete. Contractor will be responsible for submitting
corrected reports within five (5) business days of the date of written notification
from the State.
E.Tax must not be included in the report, even if it is on the purchase order.
F.Reports are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G.Failure to meet reporting requirements and submit the reports on a timely basis
shall constitute grounds for suspension of this contract.
H.Time extensions may be approved only if all due reports have been submitted to
the State.
15. ADMINISTRATIVE FEE
A.Contractor is required to remit to DGS an administrative fee amount equal to
1.25% of the sales for the quarterly reporting period less freight, taxes, returned
products and credits. (For example, if the net sales for the reporting quarter totals
$100,000.00, the incentive fee due to DGS would be $1,250.00.)
Page 95 of 369
Participating Addendum 7-22-70-49-21
Page 6 of 9
B.The administrative fee shall not be included as an adjustment to Contractor’s
NASPO ValuePoint Master Agreement pricing.
C.The administrative fee shall not be invoiced or charged to the ordering agency.
D.Payment of the administrative fee is due irrespective of payment status from
ordering agencies.
E.Payment may be made in the form of an electronic payment using the LPA
Payment Portal website (https://www.dgs.ca.gov/PD/Services/Page-
Content/Procurement-Division-Services-List-Folder/Access-LPA-Payment-Portal)
or by submitting a check payable to the State of California, Department of
General Services.
F.Administrative fee payments made by check must include the Participating
Addendum Number on the check and be submitted to the following address:
Department of General Services
Procurement Division
Attn: MAPS Payment Processing
707 Third Street, 2nd Floor
West Sacramento, CA 95605
G.Administrative fee payments are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H.Failure to meet administrative fee requirements and submit fees on a timely basis
shall constitute grounds for suspension of this Participating Addendum.
16. CONTRACT MANAGEMENT
A.The primary Contractor Contract Manager for this Participating Addendum shall
be as follows:
Contractor Contract Manager
Name: Anita Page
Phone: (310) 761-8213
Fax: N/A
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Participating Addendum 7-22-70-49-21
Page 7 of 9
Contractor Contract Manager
Email zusstatecontracts@zetron.com
Address: Daniels Electronics Ltd.
Attn: Anita Page
12034 134th Ct. NE #201
Redmond, WA 98052
B.The State Contract Administrator for this Participating Addendum shall be as
follows:
State Contract Administrator
Name: Michael Wong
Phone: 279-946-8238
Fax: N/A
Email Michael.Wong@dgs.ca.gov
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C.Should the contact information for either party change, the party will provide
written notice with updated information no later than ten (10) business days after
the change.
17. TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior
written notice to the Contractor. Upon termination or other expiration of this
Participating Addendum, each party will assist the other party in orderly termination
of the Participating Addendum and the transfer of all assets, tangible and intangible,
as may facilitate the orderly, non-disrupted business continuation of each party. This
provision shall not relieve the Contractor of the obligation to perform under any
purchase order or other similar ordering document executed prior to the termination
becoming effective.
18. AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be
valid unless made in writing, signed by the parties and approved as requi red. No oral
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Participating Addendum 7-22-70-49-21
Page 8 of 9
understanding or agreement not incorporated in the Participating Addendum is
binding on any of the parties.
19. NEWS RELEASES
Unless otherwise exempted, news releases, endorsements, advertising, and social
media content pertaining to this Participating Addendum shall not be made without
prior written approval from the State.
20. AGREEMENT
A.This Participating Addendum and the Master Agreement together with its exhibits
and/or amendments, set forth the entire agreement between the parties with
respect to the subject matter of all previous communications, representations or
agreements, whether oral or written, with respect to the subject matter hereof.
Terms and conditions inconsistent with, contrary or in addition to the terms and
conditions of this Participating Addendum and the Master Agreement, together
with its exhibits and/or amendments, shall not be added to or incorporated into
this Participating Addendum or the Master Agreement and its exhibits and/or
amendments, by any subsequent purchase order or otherwise, and any such
attempts to add or incorporate such terms and conditions are hereby rejected.
The terms and conditions of this Participating Addendum and the Master
Agreement and its exhibits and/or amendments shall prevail and govern in the
case of any such inconsistent or additional terms.
B.By signing below Contractor agrees to offer the same products/and or services
as on the Washington NASPO ValuePoint Master Agreement Number 00318, at
prices equal to or lower than the prices on that contract.
C.IN WITNESS WHEREOF, the parties have executed this Participating Addendum
as of the date of execution by both parties below.
STATE OF CALIFORNIA
Department of General Services
CONTRACTOR
Daniels Electronics Ltd
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed
Stephanne Lim / MAU2 Supervisor
Printed Name/Title of Person Signing Printed Name/Title of Person Signing
Scott French/President
05/19/2022
5/24/2022
Page 98 of 369
Participating Addendum 7-22-70-49-21
Page 9 of 9
707 Third Street
West Sacramento, CA 95605
12034 134th Ct. NE #201
Redmond, WA 98052
Address Address
Page 99 of 369
Page 1 of 2
State of California
California Governor's Office of Emergency Services
PUBLIC SAFETY RADIO GOODS
SPECIAL PROVISIONS
TDe-947 (REV. 12/2016)
PUBLIC SAFETY COMMUNICATIONS
1.TECHNICAL STANDARDS
a)Where applicable, all goods delivered shall meet or
exceed the requirements contained in the Code of
Federal Regulations, Title 47 Telecommunication,
Chapter I Federal Communications Commission Rules
and Regulations, in particular:
i)Part 2, Subpart I, “Marketing of Radio Frequency
Devices” (47CFR2.803). All goods offered shall
be authorized by the FCC by the bid due date.
ii)Part 15, Radio Frequency Devices (47CFR15).
iii)Part 90, Private Land Mobile Radio Service
(47CFR90).
iv)Part 101, Fixed Microwave Services (47CFR101).
b)Where applicable, all goods operating in the analog
mode shall meet or exceed all applicable performance
standards listed in TIA/EIA-603-C, "Land Mobile FM
and PM Communications Equipment Measurement and
Performance Standards", unless otherwise stated in
the specification.
i)The State may consider goods operating within 30-
50 MHz that are tested under comparable
performance standards listed in TIA-603 and
possibly EIA-152-C, "Minimum Standards for Land
Mobile Communication FM or PM Transmitters, 25-
866 MHz" and EIA/TIA-204-D, "Minimum
Standards for Land Mobile Communication FM or
PM Receivers, 25-866 MHz (which were
superseded by TIA/EIA-603).
ii)Specification compliance testing conducted by the
State, however, will be conducted in accordance
with the methods, procedures, and requirements of
TIA/EIA-603-C, unless otherwise stated in the
specification. All measurements of transmitter
radio frequency specifications shall be made at the
transmitter chassis antenna connector. All
measurements of receiver radio frequency
specifications shall be made at the receiver
chassis antenna connector. Measurements of
received audio response and distortion shall be
made at the speaker output.
iii)The performance requirements contained within
the technical specifications further define and, in
some cases, exceed the requirements contained in
TIA/EIA-603-C. In the event of a conflict between
performance requirements contained in TIA/EIA-
603-C and the performance requirements
contained in the specification, the requirements
contained in the specification shall prevail.
c)Where applicable, all goods operating in the digital
mode shall meet or exceed all applicable APCO Project
25 system standards listed in the TIA/EIA 102 series of
standards, interim standards and technical bulletins.
d)Where applicable, all goods operating within 806-809 /
821-824 MHz and 851-854 / 866-869 MHz shall comply
with the recommendations set forth in the National
Public Safety Planning Advisory Committee 800 MHz
NPSPAC Channel Regional Communications Plan for
Regions 5 and 6 approved by the Federal
Communications Commission (FCC) in
47CFR90.621(g).
2.SPECIAL ORDERING PROVISIONS
During the thirty-calendar day period immediately following
purchase order issuance, the State reserves the right to
increase the quantity ordered by up to twenty-five percent,
or as otherwise specified, at rates not to exceed those
contained herein.
3.SPECIFICATION COMPLIANCE TESTING
a)Goods may be inspected before acceptance for
workmanship, appearance, and conformance to all
other requirements of the specifications. The State may
reject any shipment or item of a shipment that is not in
compliance with specification requirements or is
otherwise defective in any manner.
b)Within fifteen calendar days after contractor first
receives notice of rejection, contractor shall, if
requested by the State, remove rejected goods from
the State's facilities. Upon failure of contractor to
remove such goods from the State's facilities within the
specified period, the State may forward such goods to
contractor by common carrier, at contractor's expense
and risk.
c)Unless otherwise specified at time of rejection, and at
no cost to the State, all rejected goods shall be
repaired or replaced by contractor and shall be
returned to the State within thirty calendar days from
the date the goods are made available on, or removed
from, the State's facilities, whichever occurs first.
d)Unless otherwise specified at time of rejection, if
contractor does not deliver goods meeting
specifications within sixty calendar days from the date
the goods are made available on, or removed from,
State’s facilities, whichever occurs first, contractor shall
be deemed to be in default, and the State will terminate
the purchase order in whole or in part in accordance
with the Termination for Default provision contained in
the General Provisions.
Attachment A
Page 100 of 369
Page 2 of 2
TDe-947 (Rev. 12/2016) Reverse
e) At the State's option, contractor may be permitted to
make repairs of rejected goods at the State's facilities.
4. MINIMUM GUARANTEES AND WARRANTIES
a) Contractor is responsible for all guarantees and
warranties required herein. Any guarantee/warranty
offered by the original goods manufacturer shall not
relieve contractor of this responsibility.
b) If contractor is other than the manufacturer of goods
delivered, contractor warrants that the manufacturer
has authorized contractor to sell goods delivered. At
the request of the State, written verification by
manufacturer of such authorization shall be
immediately provided.
c) All goods delivered shall be guaranteed by contractor
against defects for eighteen months from date of
acceptance.
d) During the guarantee period, contractor shall repair or
replace, at its option and expense, all defective goods,
or refund the purchase price thereof.
e) Unless otherwise specified at time of requested repair,
if contractor has not completed guarantee repair within
thirty calendar days after notification of a malfunction,
the State may effect such repairs and bill contractor for
material cost and labor cost at the State technician
current hourly rate.
f) Workmanship and materials provided by contractor in
the performance of any installation work required shall
be guaranteed for ninety calendar days after
installation. Workmanship or materials which are found
to be defective during this period shall be promptly
corrected at contractor's expense.
g) During the Warranty Period, Contractor shall manage
the individual warranties and maintenance services (if
any) of the third–party Goods. If the third-party Goods
do not function as warranted during the Warranty
Period, Contractor will correct the deficiency
5. DESIGN DEFECT
a) A design defect, based on the number purchased from
the contract, shall be defined as identical failures
occurring within five years after delivery in at least five
units or five percent, whichever is larger, of identical
assemblies, subassemblies, or parts supplied. (Shall
be based on the number delivered to the State of
California).
6. SERVICE PROVISIONS
a) Contractor shall provide the following services that will
repair or exchange, in the times indicated, all defective
goods returned by the State for repair.
i) Emergency no-charge warranty service within five
calendar days, excluding shipping time, for
defective goods returned within the guarantee
period.
ii) Non-emergency no-charge warranty service within
twenty calendar days, excluding shipping time, for
defective goods returned within the guarantee
period.
iii) Emergency full-charge nonwarranty service within
five calendar days, excluding shipping time, for
defective goods returned after expiration of the
guarantee period.
7. AVAILABILITY OF REPAIR PARTS
a) Contractor shall notify State of the date of last
manufacture for all goods delivered.
b) For a period of seven years from the notice of last
manufacture, contractor shall make available to the
State exact replacement parts for use in the delivered
goods.
c) If exact replacement parts are not available, contractor
may substitute equal or similar parts which do not
deteriorate performance and which will continue to
meet all specifications in effect at the time of purchase.
8. AVAILABILITY OF MANUALS
a) Contractor shall offer for free, or for purchase, complete
service and repair manuals of the products offered on the
contract.
b) The manuals shall include theory of operation, board
level schematics and complete parts lists.
9. AVAILABILITY OF TOOLS AND ADAPTORS
a) Contractor shall offer for free, or for purchase, any
specialized tools or adaptors needed to complete factory
level repairs.
b) The specialized tools and adaptors provided by the
contractor shall enable technicians to complete factory
level repairs, at the purchaser’s repair and
maintenance facilities, without voiding factory warranty.
b) Delivered goods shall be guaranteed by contractor
against design defects for five years from date of
acceptance. Upon written notification to and
confirmation by contractor of design defects evidenced
within the five-year guarantee period, contractor shall
take prompt corrective action, at no cost to the State.
c) Whenever it is necessary for contractor to take
corrective action of design defects, contractor shall
take the same corrective action in all identical goods
supplied.
d) All parts and materials used in corrective action for
design defects shall be guaranteed by contractor
against defects for one year from date of such
corrective action.
10. SOFTWARE USAGE/LICENSE REQUIREMENT
a) The California Governor's Office of Emergency
Services, Public Safety Communications, and/or the
purchasing agency shall be permitted to make
unlimited copies of any software required for installation
and maintenance of goods supplied. Such copies shall
be for the sole and exclusive use of the State
designated maintenance and engineering personnel in
the installation, maintenance, and operation of the
delivered goods.
b) Any need for a separate software license agreement to
reflect the scope and/or limitations of this usage shall
be negotiated to the mutual agreement of the parties,
including Department of General Services,
Procurement Division and Public Safety
Communications Agency.
Page 101 of 369
Codan US, Inc.
19955 Highland Vista Drive
Suite 145
Ashburn VA 20147
USA
August 31, 2022
Walter Amedee
Management Analyst III
National City Fire Department
City of National City
Subject: NVIS Communications
Dear Mr Amedee:
This letter is to certify that NVIS Communications is the sole factory authorized Sales & Service partner for Codan
Communications in the United States.
Please contact the undersigned with any questions you may have.
Respectfully,
Michael Demos
VP Business Development – Americas
Michael.demos@codancomms.com
+1 603 583-8022
Page 102 of 369
Codan US, Inc.
19955 Highland Vista Drive
Suite 145
Ashburn VA 20147
USA
Page 103 of 369
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE WAIVING OF THE FORMAL BID PROCESS PURSUANT TO NCMC
SECTION 2.60.220(B) FOR THE SOLE SOURCE PURCHASE OF A HIGH FREQUENCY
COMMUNICATIONS SYSTEM FOR THE EMERGENCY OPERATIONS CENTER (EOC) FROM
NVIS COMMUNICATIONS, LLC, A SOLE SOURCE VENDOR OF CODAN RADIO EQUIPMENT
FROM THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (CAL OES)
GRANT FOR A NOT TO EXCEED AMOUNT OF $60,000
WHEREAS, the California Governor's Office of Emergency Services (“CalOES”) provided
grant funding toward the Fiscal Year 2021 High Frequency Communications Equipment Program;
and
WHEREAS, Codan High Frequency (HF) Radio Equipment is being deployed throughout
the State of California and a manager of the project CalOES is using Codan HF equipment; and
WHEREAS, CalOES is using Codan equipment for their HF communications needs, all
sub recipients of the HF grant program must be able to communicate with CalOES and each other
must procure Codan equipment; and
WHEREAS, the purpose of this grant program is to provide funding to Alerting Authorities,
Emergency Operation Centers, or County Sheriff’s Offices, for equipment that will allow local
governments to be included in an integrated high frequency radio network service that utilizes
frequencies authorized by the Federal Communications Commission and intended to be capable
of communications with state, local, and federal agencies; and
WHEREAS, this grant program requires the City of National City (“City”) to incur expenses
for the High Frequency Communications System for the City’s Emergency Operations Center
(“EOC”), and then apply for reimbursement; and
WHEREAS, City Council has authorized the establishment of an appropriation and
corresponding revenue budget for $60,000 for the California Governor's Office of Emergency
Services (“Cal OES”) Grant for the reimbursable grant purchase of a High Frequency
Communications System for the Emergency Operations Center (“EOC”) with Resolution No.
2022-110; and
WHEREAS, the State of California, Department of General Services entered into
Participating Addendum Number 7-22-70-49-21 between Daniels Electronics Ltd under the lead
state of Washington NASPO ValuePoint Master Agreement Number 00318; and
WHEREAS, the Master Agreement Number 00318 is available for use by California local
governments to purchase public safety communications products, services, and solutions; and
WHEREAS, the Codan radio equipment is on the Master Agreement Number 00318; and
WHEREAS, NVIS Communications LLC is a sole source vendor of Codan radio
equipment in the United States; and
WHEREAS, NVIS Communications LLC is pleased to offer the City of National City the
opportunity to take advantage of the competitive bid prices in the Master Agreement Number
00318.
Page 104 of 369
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes waiving the formal bid process pursuant to NCMC Section
2.60.220(B) for the sole source purchase of a High Frequency Communications System for the
Emergency Operations Center (EOC) from NVIS Communications, LLC, a sole source vendor of
Codan radio equipment from the California Governor’s Office of Emergency Services for a not to
exceed amount of $60,000.00.
Section 2: 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 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 105 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Execution of the Notice of Award for the planning phase for the “Community Economic
Adjustment Assistance for Responding to Threats to the Resilience of a Military
Installation” project approved by the U.S. Department of Defense Office of Local Defense
Co
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City,
California, 1) authorizing the appropriation of $500,000 for the planning phase for the
“Community Economic Adjustment Assistance for Responding to Threats to the
Resilience of a Military Installation” project approved by the U.S. Department of Defense
Office of Local Defense Community Cooperation; 2) establishing corresponding revenue
and expenditure accounts; and 3) committing to providing a in kind local match of
$56,000; and 4) authorizing the City Manager or designee to execute the Notice of Award
for the projects”.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On June 20, 2022, the Engineering and Public Works Department submitted a grant
application to the U.S. Department of Defense Office of Local Defense Community
Cooperation. The grant purpose is for the City of National City to conduct an Installation
Resilience Review to assess the feasibility of the 8th Street Mobility Hub concept and to
evaluate additional pedestrian, bicycle, and Neighborhood Electric Vehicle shuttle
connections to existing and proposed entry control points in order to improve parking
capacity and commuter accessibility to Naval Base San Diego. The study will leverage
existing planning efforts and conduct existing condition modeling to comprehensively
assess key challenges impacting transportation. The grant period is from September 1,
2022 through August 31, 2023.
On September 13, 2022, staff was notified from the U.S. Department of Defense Office
of Local Defense Community Cooperation that the City of National City had been awarded
in the amount of $500,000, which requires an in kind local match of $56,000, resulting in
a total project cost of $556,000.00. See attached Notice of Award letter.
Once the planning phase is complete, staff will return to the City Council for the
appropriation of the implementation fund.
Page 106 of 369
Staff is requesting authorization to establish an Engineering Grants Fund appropriation
of $500,000 and corresponding revenue and expenditure budgets to allow for
reimbursement of eligible project expenditures for the Project. Staff is also requesting to
authorize the City Manager or designee to execute the Notice of Award. The required
local match of $56,000 will be provided in kind through City staff.
FINANCIAL STATEMENT:
Grant - $500,000
Revenue Account: 296-409-500-598-6612 (OLDCC RESILIENCY GRANT)
Expenditure Account: 296-06612-3498 (OTHER FEDERAL GRANTS)
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA and requires the preparation of an Initial Study. CCR15063.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Notice of Award
Exhibit B – Resolution
Page 107 of 369
Page 108 of 369
Page 109 of 369
Page 110 of 369
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA 1) AUTHORIZING THE APPROPRIATION OF $500,000 FOR THE
PLANNING PHASE FOR THE “COMMUNITY ECONOMIC ADJUSTMENT
ASSISTANCE FOR RESPONDING TO THREATS TO THE RESILIENCE OF A
MILITARY INSTALLATION” PROJECT APPROVED BY THE U.S. DEPARTMENT OF
DEFENSE OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION; 2)
ESTABLISHING CORRESPONDING REVENUE AND EXPENDITURE ACCOUNTS;
AND 3) COMMITTING TO PROVIDING A LOCAL MATCH OF $56,000; AND 4)
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE NOTICE OF
AWARD FOR THE PROJECTS.
WHEREAS, on June 20, 2022, the Engineering and Public Works Department
submitted a grant application to the U.S. Department of Defense Office of Local Defense
Community Cooperation; and
WHEREAS, the grant purpose is for the City of National City to conduct an
Installation Resilience Review to assess the feasibility of the 8th Street Mobility Hub
concept and to evaluate additional pedestrian, bicycle, and Neighborhood Electric Vehicle
shuttle connections to existing and proposed entry control points in order to improve
parking capacity and commuter accessibility to Naval Base San Diego; and
WHEREAS, the study will leverage existing planning efforts and conduct existing
condition modeling to comprehensively assess key challenges impacting transportat ion;
and
WHEREAS, the grant period is from September 1, 2022 through August 31, 2023;
and
WHEREAS, on September 13, 2022, staff was notified from the U.S. Department
of Defense Office of Local Defense Community Cooperation that the City of National City
had been awarded in the amount of $500,000, which requires a local match of $56,000,
resulting in a total project cost of $556,000.00; and
WHEREAS, once the planning phase is complete, staff will return to the City
Council for the appropriation of the implementation fund; and
WHEREAS, staff is requesting authorization to establish an Engineering Grants
Fund appropriation of $500,000 and corresponding revenue and expenditure budgets to
allow for reimbursement of eligible project expenditures for the Project; and
WHEREAS, staff is also requesting to authorize the City Manager or designee to
execute the Notice of Award.
Page 111 of 369
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 appropriation of $500,000
for the planning phase for the “Community Economic Adjustment Assistance for
Responding to Threats to the Resilience of a Military Installation” project approved by the
U.S. Department of Defense Office of Local Defense Community Cooperation.
Section 2: That the City Council hereby authorizes the establishment of
Revenue Account 296-409-500-598-6612 (OLDCC Resiliency Grant) and Expenditure
Account 296-06612-3498 (Other Federal Grants).
Section 3: That the City Council hereby commits the City to providing a local
match of $56,000.
Section 4: That the City Council authorizes the City Manager or designee to
execute the Notice of Award for the projects
Section 5: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 112 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Acceptance of Federal Active Transportation Grant funds for the Plans, Specifications, and
Estimate and Right-of-Way phases for the Central Community Mobility Enhancements project.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California,
1) authorizing the acceptance of Federal Active Transportation Grant funds for the Plans,
Specifications, and Estimate (PS&E) and Right-of-Way (R/W) phases, for the Central Community
Mobility Enhancements Project; 2) authorizing the establishment of a revenue and expenditure
account in the amount of $148,000; and 3) authorizing the appropriation of funds in amount of
$22,000”.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to
the California Department of Transportation (Caltrans) for the Central Community Mobility
Enhancements Project. The project will provide approximately 1.7 miles of bicycle facilities
providing north-south connections through the Central, Olivewood and Las Palmas
neighborhoods in National City (see attached exhibits).
On January 30, 2019, the California Department of Transportation (Caltrans) awarded a
$1,286,000 State Active Transportation Program (ATP) grant for the Central Community Mobility
Enhancements Project. On March 26, 2020, Caltrans provided the agreement to the City for
execution.
On June 2, 2020, the City Council authorized the Mayor to execute Program Supplement
Agreement (PSA) No. U52 with the State of California Department of Transportation (Caltrans)
for the Central Community Mobility Enhancements Project to allow for reimbursement of up to
$43,000 in eligible project expenditures through the State Active Transportation Program (ATP);
and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and
corresponding revenue budget.
On May 12, 2022, the City submitted an allocation request to Caltrans requesting to allocate
funding for the Plans, Specifications, and Estimate (PS&E) phase, and for the Right-of-Way (R/W)
phase.
Page 113 of 369
On October 6, 2022, Caltrans issued an Authorization Letter (see attachment) allocating $148,000
($104,000 for the Plans, Specifications, and Estimate (PS&E) phase, and $44,000 for the Right-
of-Way (R/W)) with a local match of $22,000 ($16,000 PS&E phase, and $6,000 R/W phase).
Once the PA&ED and PS&E phases are complete, staff will return to the City Council for the
appropriation of the Construction fund.
FINANCIAL STATEMENT:
ATP Grant - $148,000
Revenue Account No. 296-06588-3498
Expenditure Account No. 296-409-500-598-6588 (Central Community Mobility Enhancements)
Required Local Match - $22,000 (funds are available through prior City Council CIP
Appropriations)
Expenditure Account No. 307-409-500-598-6035
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR
15301(c).
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Map
Exhibit B – Allocation Letter
Exhibit C – Finance Letter
Exhibit D – Resolution
Page 114 of 369
Central
Elementary
School
Plaza
Commercial
Area
National
City
Middle School
John A Otis
Elementary
School Sweetwater
Union
High School
Olivewood
Elementary
School
Las Palmas
Park
Sweetwater
Shopping
Plaza
Walmart
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Palm Avenue
Highland Avenue
D Avenue
M Avenue
N Avenue
L Avenue
City of
National City
805
N Avenue Infrastructure Gap
Class III Bike Route
4th Street, National City
Class II Bike Lane
4th Street, National City
Bicycle Boxes
D Ave & 18th St, National City
Bike Boxes
Bike Boxes
Highest employment
density in National City
LEGEND
Note: Bicycle Loop Detectors to be installedat all signalized intersections
* Refer to Bike Master Plan
Class II - Bike LaneInstall two 6’ Buffered Bicycle Lanes
Class III - Bike RouteInstall Sharrows and Signage
New Sidewalk
Existing Class II - Bike Lane
Existing Class III - Bike Route
Existing Class II In Design
Future Class I, II, or III Bikeway*
Future Pedestrian Path*
PROPOSED IMPROVEMENTS
BIKE FACILITIES
OTHER
Existing Bus Stop
Future BRT Station - SBBRT (2030)
Existing Super Markets
&ʑQʤUɪɗ&ʝPʛʦʜLʤɨ0ɼʍɵʙLʤɨ(ɻKʋQȪʑȷʑQWɡ
Project Improvement Map
July 2018Page 115 of 369
Mr. Roberto Yano
Director of Public Works/City Engineer
City of National City
1243 National City Blvd.
National City, CA 91950
Dear Mr. Yano:
Your letter dated May 12, 2022 requested a fund allocation from the Active Transportation Program for the City of
National City Pedestrian and Bike Path - Implement a north-south bicycle boulevard, close a sidewalk gap, and provide
pedestrian enhancements in National City along M, N, and L Avenues, between 4th Street and 30th Street. This project
is programmed in the Active Transportation Program (ATP), as amended.
The State hereby makes the following allocation on August 18, 2022, effective August 18, 2022.
At their August 18, 2022 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s)
shown below.
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
October 6, 2022
11-SD-0-NATC
ATPSB1L-5066(048)
Adv Id: 1120000089
11-1360PPNO:
Request No:2
Allocation No.2023-42 ATP FUND ALLOCATION
40
79
Senate District No.:
Assembly District
Amount
Programmed
Fiscal Year
Programmed
Amount Previously
Allocated
This
Request
PS&E $104,000 2021 $0 $104,000
ROW $44,000 2021 $0 $44,000
Federal Funds
State Funds
$0
$148,000
Total
This allocation makes available $0 of federal funds* and $148,000 of State (or State-only) funds for a total of
$148,000.
* A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for
projects receiving Federal funds.
The effective date of allocation serves as the authorization to proceed and establishes the date for the start of
reimbursable work for State-only funded projects.
$148,000$0$148,000
CTC ATP Ltr.Page 116 of 369
Mr. Roberto Yano
October 6, 2022
Page 2
ATPSB1L-5066
For This Allocation:
Funds allocated for project E & P are available for expenditure until:Not Applicable.
Funds allocated for project PS & E are available for expenditure until:June 30, 2025.
Funds allocated for project RW are available for expenditure until:June 30, 2025.
Funds allocated for construction -- Agency has 6 month(s) after the date of allocation to award a contract.
Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for
detailed instructions and information.
This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency -
State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed
between the Agency and the State.
The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately
after award of the construction contract. A copy of the project's award package also needs to be included with the
submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local
Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package.
The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an
unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies
the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for
additional guidance.
After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase
contract.
Sincerely,
SUJAYA KALAINESAN , Chief
Division of Local Assistance
c: SANDAG
Attachment: CTC Vote Box
Office of Project Implementation - South
CTC ATP Ltr.Page 117 of 369
Mr. Roberto Yano
October 6, 2022
Page 3
ATPSB1L-5066(048)
bc: LPA
DLA AE Project Files
District - (11) DLAE - Brian Ott
CTC ATP Ltr.Page 118 of 369
DEPARTMENT OF TRANSPORTATION FINANCE LETTER
To: City of National City
FINANCE ITEMS PRO RATA OR TOTAL COST OF PART. COST STATE (ATP)
LUMP SUM WORK
/SB1A
LOCAL OTHER
Date: 10/06/2022 EA No:
D_CO_RT: 11-S D-0-NATC
Project No: ATPSB1L-5066(048)
Adv Project Id: 1120000089
Project End Date:
Agency Preliminary
Engineering,�-_P_A/_E_D_�-----�----�----�----�----�----..,,
$50.000,00 $50.000,00 $43,000.00 $7,000,00 $0.00
Participation Ratio: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature:
Title: HQ Local Assistance Area Engineer
For questions regarding finance letter, contact:
Printed Name : Daniel Bui
Telephone No: (279) 444-7828
Remarks: REQ#2: CTC allocated $148,000 of ATP State only funds for PS&E and RW components of the project, on August 18, 2022, under PPNO 1360.
ACCOUNTING INFORMATION ATPSB1L-5066(048) Cooperative Work Agreement
APPROP, ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION APPROVED EXPIRATION ADV. PROJECT ID UNIT STATE PROG. FED/STATE AMOUNT YEAR AMOUNT BALANCE DATE• AMOUNT DATE
1120000089 I 19108 I 2030720100 I I $43,ooo.oo I 1819 I $0.00 I $43,ooo.oo I 06/30/24 I
*Please refer to the applicable CTC Guidelines for Timely Use of Funds (TUF) Provisions. Also refer to your allocation notification letter(s) for allocation-specific TUF deadlines.
*Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient time
for Accounting and SCO year-end closing procedures.
Page of 1 Page 119 of 369
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA 1) AUTHORIZING THE ACCEPTANCE OF FEDERAL ACTIVE
TRANSPORTATION GRANT FUNDS FOR THE PLANS, SPECIFICATIONS, AND
ESTIMATE (PS&E) AND RIGHT-OF-WAY (R/W) PHASES, FOR THE CENTRAL
COMMUNITY MOBILITY ENHANCEMENTS PROJECT; 2) AUTHORIZING THE
ESTABLISHMENT OF A REVENUE AND EXPENDITURE ACCOUNT IN THE AMOUNT
OF $148,000; AND 3) AUTHORIZING THE APPROPRIATION OF FUNDS IN AMOUNT
OF $22,000
WHEREAS, in July 2018, staff submitted a Cycle 4 Active Transportation Program
(ATP) grant application to the California Department of Transportation (Caltrans) for the
Central Community Mobility Enhancements Project (Project); and
WHEREAS, the Project will provide approximately 1.7 miles of bicycle facilities
providing north-south connections through the Central, Olivewood and Las Palmas
neighborhoods in National City; and
WHEREAS, on January 30, 2019, the California Department of Transportation
(Caltrans) awarded a $1,286,000 State Active Transportation Program (ATP) grant for
the Central Community Mobility Enhancements Project; and
WHEREAS, on March 26, 2020, Caltrans provided the agreement to the City for
execution; and
WHEREAS, on June 2, 2020, the City Council authorized the Mayor to execute
Program Supplement Agreement (PSA) No. U52 with the State of California Department
of Transportation (Caltrans) for the Central Community Mobility Enhancements Project to
allow for reimbursement of up to $43,000 in eligible project exp enditures through the State
Active Transportation Program (ATP); and 2) authorizing the establishment of an
Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget ;
and
WHEREAS, on May 12, 2022, the City submitted an allocation request to Caltrans
requesting to allocate funding for the Plans, Specifications, and Estimate (PS&E) phase,
and for the Right-of-Way (R/W) phase; and
WHEREAS, on October 6, 2022, Caltrans issued an Authorization Letter (see
attachment) allocating $148,000 ($104,000 for the Plans, Specifications, and Estimate
(PS&E) phase, and $44,000 for the Right -of-Way (R/W)) with a local match of $22,000
($16,000 PS&E phase, and $6,000 R/W phase); and
WHEREAS, once the PA&ED and PS&E phases are complete, staff will return to
the City Council for the appropriation of the Construction fund.
Page 120 of 369
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1: That the City Council hereby authorizes the acceptance of Federal
Active Transportation Grant funds for the Plans, Specifications, and Estimate (PS&E) and
Right-of-Way (R/W) phases, for the Central Community Mobility Enhancements Project.
Section 2: That the City Council authorizes the establishment of Revenue
Account No. 296-06588-3498 and Expenditure Account No. 296-409-500-598-6588 in
the amount of $148,000.
Section 2: That the City Council authorizes the appropriation of funds in amount
of $22,000 from Expenditure Account No. 307-401-500-598-6035.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 121 of 369
AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry J. Schultz, Interim City Attorney
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Approve the Second Amendment to an Agreement between the City of National City and Burke,
Williams & Sorensen, LLP to provide advice and counsel to the City’s Civil Service Commission.
RECOMMENDATION:
Adopt Resolution entitled, “Resolution of the City Council of the City of National City, California,
Approving the Second Amendment to an Agreement between the City of National City and Burke,
Williams & Sorensen, LLP to provide advice and counsel to the City’s Civil Service Commission
by increasing the not-to-exceed amount by $50,000 for a new total not-to-exceed amount of
$100,000 to cover the cost of providing increase scope of services.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City of National City and Burke, Williams & Sorensen, LLP entered into an Agreement on
July 13, 2021, wherein Burke, Williams & Sorensen, LLP agreed to provide advice and counsel
to the City’s Civil Service Commission for a not-to-exceed amount of $25,000.00; and
On April 6, 2022, the parties amended the Agreement (First Amendment) to cover the cost of
providing the increase scope of services from the original amount of $25,000.00 to the not -to-
exceed increase amount by $25,000.00, for a new total not-to-exceed amount of $50,000.00.
Due to an increase in Civil Service cases, the parties desire to amend the Agreement to cover
the cost of providing the increase scope of services from the amount of $50,000.00 to the not-to-
exceed amount by $50,000.00, for a new total not-to-exceed amount of $100,000.00.
FINANCIAL STATEMENT:
001-405-000-213-0000 – Professional Services
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.
Page 122 of 369
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Agreement
Exhibit B – Resolution
Page 123 of 369
Second Amended Agreement Page 1 City of National City and
Burke, Williams & Sorensen, LLP
SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
BURKE, WILLIAMS & SORENSEN, LLP
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 15th
day of November, 2022, by and between the CITY OF NATIONAL CITY, a municipal
corporation (“CITY”), and BURKE, WILLIAMS & SORENSEN, LLP, (the “FIRM”).
RECITALS
WHEREAS, the CITY and the FIRM entered into an Agreement on July 13, 2021
(“the Agreement”), wherein the FIRM agreed to provide advice and counsel to the CITY’s
Civil Service Commission for a not-to-exceed amount of $25,000.00; and
WHEREAS, on April 6, 2022, the parties amended the Agreement to cover the
cost of providing the increase scope of services from the original amount of $25,000.00
to the not-to-exceed increase amount by $25,000.00, for a new total not-to-exceed
amount of $50,000.00.
WHEREAS, the parties desire to amend the Agreement to cover the cost of
providing the increase scope of services from t he amount of $50,000.00 to the not-to-
exceed amount by $50,000.00, for a new total not-to-exceed amount of $100,000.00.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The July 13, 2021 Agreement is hereby amended to cover the cost of the
increased scope of services from the contract amount of $50,000.00 by a not to-exceed
increased amount of $50,000.00, for a new total not-to-exceed amount of $100,000.00.
2. The parties further agree that, with the foregoing exceptions, each and every
other term and provision of the July 13, 2021 Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to the Agreement on the date and year first above written.
Page 124 of 369
Second Amended Agreement Page 2 City of National City and
Burke, Williams & Sorensen, LLP
CITY OF NATIONAL CITY
By:________________________
Brad Raulston, City Manager
APPROVED AS TO FORM:
By:___________________________
Barry J. Schultz,
Interim City Attorney
BURKE,WILLIAMS&SORENSEN,
LLP
By: __________________________
Title:_________________________
Eric S. Vail, Partner
Page 125 of 369
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, APPROVING THE SECOND AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND BURKE, WILLIAMS & SORENSEN,
LLP TO PROVIDE ADVICE AND COUNSEL TO THE CITY’S CIVIL SERVICE
COMMISSION BY INCREASING THE NOT-TO-EXCEED AMOUNT BY $50,000 FOR A
NEW TOTAL NOT-TO-EXCEED AMOUNT OF $100,000 TO COVER THE COST OF
PROVIDING INCREASE SCOPE OF SERVICES
WHEREAS, the City of National City (“City”) engages outside legal support for
specialized areas; and
WHEREAS, the City and BURKE, WILLIAMS & SORENSEN, LLP executed an
Agreement on July 13, 2021 to provide advice and counsel to the City’s Civil Service
Commission for a not-to-exceed amount of $25,000.00; and
WHEREAS, on April 6, 2022, the parties amended the Agreement to cover the
cost of providing the increase scope of services from the original amount of $25,000.00
to the not-to-exceed increase amount by $25,000.00, for a new total not -to-exceed
amount of $50,000.00; and
WHEREAS, the City and BURKE, WILLIAMS & SORENSEN, LLP desire to amend
the Agreement a second time to cover the costs of increase scope of services; and
WHEREAS, the parties desire to amend the Agreement to cover the cost of
providing the increase scope of services from the amount of $50,000.00 to the not -to-
exceed amount by $50,000.00, for a new total not -to-exceed amount of $100,000.00;
and
WHEREAS, every other term and provision of the July 13, 2021 Agreement will
remain in full force and effect; and
WHEREAS, City staff recommends City Council approve the second amendment
to an Agreement between the City of National City and BURKE, WILLIAMS &
SORENSEN, LLP by increasing the not-to-exceed amount by $50,000 for a new not-to-
exceed amount of $100,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1: Approves the Second Amendment to the Agreement between the
City of National City and BURKE, WILLIAMS & SORENSEN, LLP, attached to the Agenda
Report, to continue providing advice and counsel to the City’s Civil Service Commission
by increasing the not-to-exceed amount by $50,000 for a new total not-to-exceed amount
of $100,000 to cover the cost of providing an increased scope of services and authorizes
the City Manager to execute the Amendment on behalf of the City.
Page 126 of 369
Section 2: The City Clerk shall certify the passage and adoption of this
Resolution and enter it into the book of original Resolution.
PASSED and ADOPTED this 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 127 of 369
AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, Planning Manager
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Approval of Resolution approving the application for California Coastal Commission Local Coastal
Programs (LCP) Local Assistance Grant Program Funds.
RECOMMENDATION:
Adopt the Resolution entitled, “Resolution of the City Council of the City of National City,
California, Approving the Application for California Coastal Commission LCP Local Assistance
Grant Program Funds.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The California Coastal Commission has appropriated $31 million to support its LCP Local
Assistance Grant Program. The grant program is intended to provide assistance to local
governments responsible for developing and amending Local Coastal Programs. Funds may be
used for projects that are designed to assist local governments in assessing impacts and planning
for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and
which contain an LCP planning component.
As part of the recently adopted grant program updates, th e Coastal Commission developed a
non-competitive, rolling application process that is separate from the Commission’s competitive
grant rounds. This rolling application process is designed for targeted projects up to $100,000
which have a high likelihood of success over a shorter grant term, such as a single feasibility
study with targeted LCP changes.
The project includes targeted amendments to the Local Coastal Program (LCP) to incorporate
the Port Master Plan Amendment for the National City Balanced Plan, to update General Plan
and Zoning Code references, strengthen coastal resilience, and lay the groundwork for a
comprehensive LCP update. The attached application package describes the proposal in detail.
FINANCIAL STATEMENT:
No Fiscal Impact
Page 128 of 369
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:
1. Resolution
2. Grant Application package
Page 129 of 369
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, APPROVING THE APPLICATION FOR CALIFORNIA COASTAL
COMMISSION LCP LOCAL ASSISTANCE GRANT PROGRAM FUNDS
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the
Coastal Commission’s LCP Local Assistance Grant Program which awards grants to
local governments to support coastal resiliency and updates to Local Coastal Programs
(LCPs); and
WHEREAS, the California Coastal Commission, under the author ity of the
California Coastal Act, may provide financial assistance to support coastal planning and
has approved a grant program to provide such financial assistance for LCP planning;
and
WHEREAS, the goal of the grant program is to develop new or updated LCPs in
conformance with the California Coastal Act and to promote coastal resiliency and
address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete
Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency
and addressing the effects of climate change and sea -level rise; and
WHEREAS, the City of National City, has an effectively certified LCP; and
WHEREAS, the City of National City desires to pursue a project that woul d result
in the completion and submittal for certification by the California Coastal Commission of
an Amendment to the LCP; and
WHEREAS, the City of National City commits to and agrees to fully support a
planning effort intended to amend a certified LCP pursuant to the provisions of the
California Coastal Act, with full public participation and coordination with the Coastal
Commission staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
National City, hereby:
1. Directs City of National City staff to submit the grant application package
attached hereto as Attachment 1 to the California Coastal Commission to
provide financial and planning assistance, under authority of the California
Page 130 of 369
Coastal Act, in the amount of $100,000 to fund the project more particularly
described in the grant application package.
2. Authorizes the City Manager, of the City of National City, to execute, in the name
of the the City of National City, all necessary applications, contracts and
agreements and amendments thereto to implement and carry out the grant
application package attached hereto and any project approved through approval
of the grant application.
BE IT FURTHER RESOLVED that this Resolution shall become effective, final,
and conclusive on the day following the City Council meeting where this Resolution is
adopted. The time within which judicial review of this decision may be sought is
governed by the provisions of Code of Civil Procedures Section 1094.6.
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 131 of 369
City of National City LCP Grant Application November 2022
Application
1
California Coastal Commission LCP Local Assistance Grant Program
Non-Competitive Grant Application
APPLICATION FORM
APPLICANT INFORMATION
Applicant name (agency): City of National City
Address: 1243 National City Blvd., National City, CA 91950-4301
Primary Contact name: Martin Reeder Title: Planning Manager
Telephone: (619) 336-4313 Fax:
Email: mreeder@nationalcityca.gov
Federal Tax ID#: 95-6000749
Person authorized to sign grant agreement, amendments, and Request for Funds:
Name: Martin Reeder Title: Planning Manager
Telephone: (619) 336-4313 Email: mreeder@nationalcityca.gov
PROJECT INFORMATION
Project Title: National City Targeted Local Coastal Program Amendment
LCP/LCP Segment: National City
Project Location
City/Geographic area: National City
County: San Diego
Project Timeline
Start date: 12/15/2022 End date: 012/14/2024
Signature: Date: 11/3/2022
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2
Project Description
The project includes targeted amendments to the Local Coastal Program (LCP) to update
General Plan and Zoning Code references, strengthen coastal resilience, and lay the
groundwork for a comprehensive LCP update. The scope of work would include Local Coastal
Program Amendments (LCPA) to the LCP Land Use Plan (LUP) and Implementation Plan (IP).
The LCP LUP was originally certified by the Coastal Commission in 1988 and the IP was first
certified in 1990; both were last amended in 1997. The coastal zone of National City is
controlled by three separate agencies: the San Diego Unified Port District, the United States
Navy, and the City of National City. The land controlled by the Port District is identified in the
Port Master Plan, which is currently being updated. Federal lands under the jurisdiction of the
US Navy are under the jurisdiction of the Federal Coastal Zone Management Act.
While the City’s certified LCP is aging, the City along with its neighboring jurisdictions have
undertaken extensive planning and resiliency initiatives over the last decade, as further
discussed in the Background section below. As such, the focus of the proposed targeted LCPA
is to update the descriptions of, and internal references to, the most current City General Plan
and Zoning Code, and Port Master Plan.
The proposed LCPA would also address coastal resilience and environmental justice by
incorporating resilience and environmental justice policies within the adopted General Plan
Health and Environmental Justice Element with updates currently being developed as a part of
a Focused General Plan Update. National City has experienced a history of environmental
justice issues due to land use decisions that have placed industrial uses adjacent to residential
neighborhoods for decades. All census tracts within National City are within the 56th to 85th
percentiles of the CalEnviroScreen 4.0 index, indicating a significant pollution burden and
vulnerability throughout the city. The western area of National City qualifies as both an SB 535
disadvantaged community and AB 1550 low-income community.
In addition, the proposed LCPA scope of work includes an assessment of the relevant past and
current work efforts to identify resources that could contribute to a future comprehensive LCP
update, as well as to identify any gaps. The identified gaps could form the basis for what would
need to be addressed in a future scope of work. With this grant funding the City will prepare an
LCP amendment that provides immediate implementation benefits while also laying the
groundwork for a comprehensive LCP update.
Goals and Objectives
Improve the effectiveness, clarity, relevance and administration of the LCP
Incorporate coastal resilience, climate change and environmental justice policies into
the LCP
Assess relevant work and technical studies done for other recent planning efforts to
help identify gaps to be covered in a future comprehensive LCP update
Achieve Coastal Commission certification of the LCP amendments
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3
Key Deliverables and LCP Planning Components
Technical Studies Memo
Public Review Draft LCPA
Revised Public Review Draft LCPA
Public Outreach Meeting Materials and Documentation
Staff Reports to Planning Commission and City Council with Responses to Coastal
Commission staff comments
Adopted LCPA
LCPA Submittal (City Council-approved LCPA, Ordinance and Resolution, meeting
minutes, and public comments)
Background
City efforts currently underway include a Focused General Plan Update (GPU) to achieve policy
updates to the Land Use Element, Transportation Element, Safety Element, and Climate Action
Plan (CAP), which were last updated in 2011. The Focused GPU also takes into account
separate recent planning documents, including the 24th Street Transit Oriented Development
Overlay (TODO) study, and proposes updates to the City’s Zoning Code.
The Safety Element plays an important role in improving resiliency, as it addresses the potential
short and long-term risks of fires, floods, earthquakes, landslides, climate change, hazards,
emergency services and disaster response, and other locally relevant safety issues. The Safety
Element update also includes climate adaptation and resilience strategies and identification of
environmental justice communities. The Transportation Element update includes objectives to
develop a comprehensive circulation system that is safe and efficient for all modes of travel
that is coordinated with the regional system, which could also benefit coastal access. Final
approval of the Focused GPU is anticipated in spring 2023.
The Port Master Plan Update is a major effort that includes planning for the National City
Bayfront within the Port’s jurisdiction, but significantly affects the City’s coastal zone. The
National City Bayfront is made up of 273 acres of waterfront land and 167 acres of water and
includes the National City Marine Terminal, Pepper Park, Pier 32 Marina, the Aquatic Center
and many pieces of valuable public art. The National City Marina District refers to the
approximately 60-acre area in and around Pier 32 Marina, including Pepper Park. The Port of
San Diego has been working closely with the City of National City, as well as business and
community stakeholders, to rebalance land uses for the National City Bayfront – referred to as
the National City Balanced Plan, or Balanced Plan – based on public priorities.
On October 11, 2022, the Board held a public hearing on the National City Bayfront Projects
Environmental Impact Report (EIR) and National City Balanced Plan Port Master Plan
Amendment (PMPA). In November 2022 the Port of San Diego is scheduled to certify the
Balanced Plan Environmental Impact Report and forward to the Coastal Commission a Port
Master Plan Amendment that reflects the Balanced Plan land use changes to the Port Master
Plan (PMP). The City is pursuing a separate focused LCPA to reflect the approval of the
Balanced Plan that is not a part of this grant program. However, the six volumes of the EIR,
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4
additional project-related studies, and extensive data collected through public workshops and
surveys for the Port Master Plan will be reviewed and assessed for potential contributions to a
future comprehensive LCP Update.
Tasks and Deliverables
This section details the tasks and deliverables that will result in the successful completion of the
Local Coastal Program Amendment (LCPA) grant scope of work. Tasks to be accomplished by
the City may also include work done by the City’s consultants on behalf of City staff.
Task 1 Project Management
The City will work closely and collaboratively with California Coastal Commission (CCC) staff
through regular meetings and communications, and prepare meeting agendas and notes for
meetings as needed. Staff will prepare invoicing and reporting in accordance with grant
specifications. Staff will secure consultants to assist staff with development of the LCPA,
coordination with CCC staff, and public outreach.
Subtasks:
1.1 Project Kick-Off Meeting
Following the award, hold a kick-off meeting will be held with CCC staff to discuss grant
procedures and project expectations, including the project schedule, invoicing, reporting
and other relevant information. The City will produce notes summarizing the meeting.
1.2 Work Plan
Secure consultant services and approve a consultant work plan
1.3 Project Management
Conduct ongoing project management including communications, invoicing and
reporting
Deliverables:
a. Kick-off meeting agenda and meeting notes
b. Additional meeting agendas and notes as needed
c. Ongoing project management (communications, invoicing, and reporting)
Task 2 Research and Document Review
Review completed and in-process technical, environmental, and planning studies addressing
climate change, sea level rise, and coastal resiliency in National City and surrounding areas.
Assess relevance of existing available work to National City and identify technical study gaps
needed to prepare for sea level rise and increase coastal resiliency, as well as to improve
coastal access and achieve other Coastal Act goals. Determine components of past work
suitable for incorporation by reference into the LCP as a part of the proposed LCPA project and
identify gaps that would need to be addressed in a future work program.
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5
Subtasks:
2.1 Policy Review
Review the City’s Focused General Plan Update, Zoning Code, and Climate Action Plan, and the
Port District Port Master Plan to determine what policies and measures should be directly
incorporated into the LCP to further coastal resilience and address environmental justice.
Prepare a crosswalk showing existing and proposed LCP policies and code sections.
2.2 Technical Document Review
Compile a list of available and relevant technical studies, with short descriptions of content that
could be relevant to a comprehensive LCP update. Compare available resources to the
resources that other jurisdictions have used for successful LCP updates and assess completeness
using the CCC Sea Level Rise Policy Guidance document. Identify potential gaps in technical
studies that would need to be included in a future scope of work.
Deliverables:
a. Crosswalk of existing and proposed LCP policies and code sections
b. Annotated list of current technical studies
c. Technical Studies Memo to identify gaps in knowledge that could be addressed in a
comprehensive LCP update scope of work
Task 3 Targeted LCP Amendments
Prepare track-changes drafts of the LCPA which will include LCP Land Use Plan (LUP) and
Implementation Plan (IP) amendments. The proposed amendments would: update and correct
internal General Plan and Zoning Code references, include environmental justice and climate
change mitigation and resiliency policies drawn from the adopted General Plan Health and
Environmental Justice Element, as well as the General Plan Safety Element update and Climate
Action Plan update currently underway. The LCPA would also include an updated base map.
Additional coastal resiliency, environmental justice, and climate change mitigation and
resiliency baseline policies will be developed if needed, including at a minimum baseline sea
level rise policies of the type described by the Local Government Sea Level Rise Working Group,
with the expectation that coastal resiliency would be addressed in greater depth as a part of a
future anticipated comprehensive LCP update.
Respect the time already spent by the general public and stakeholders on other ongoing
planning efforts, including the Focused General Plan Update and the Port Master Plan Update,
by acknowledging and summarizing that input. Conduct additional public outreach in a manner
consistent with the CCC Environmental Justice Policy, and coordinate with CCC staff throughout
the process.
Subtasks:
3.1 Working Draft LCPA LUP Sections
Prepare components of the draft LCPA LUP in consultation with Coastal Commission
staff. Incorporate a new base map showing Coastal Zone boundaries and surrounding
jurisdictions.
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6
3.2 Working Draft LCPA IP Sections
Prepare components of the draft LCPA IP in consultation with Coastal Commission staff.
IP amendments will include updated references to Zoning Code sections and General
Plan policies.
3.3 Public Review Draft LCPA
Prepare and distribute a Public Review Draft LCPA for public and Coastal Commission
staff review for a minimum 6-week period.
3.4 Public Outreach
Respect previous outreach efforts by acknowledging and building upon public outreach
done for other recent planning programs. Conduct at least two public meetings (in
person or virtual to be determined), provide additional online public input
opportunities, and post materials to the City’s webpage. Proactively engage local
stakeholders that have expressed interest in climate resiliency and environmental
justice, stakeholders from disadvantaged and low-income communities, and California
Native American Tribes.
3.5 Revised Public Review Draft LCPA
Prepare edits as needed to the Public Review Draft LCPA that responds to public input
and Coastal Commission staff comments as feasible.
Deliverables:
a. Working Draft LCPA LUP Sections
b. Working Draft LCPA IP Sections
c. Public Review Draft LCPA
d. Public Outreach Meeting Materials and Documentation for Two Public Meetings and
Screen Print of Website Content
e. Revised Public Review Draft LCPA
Task 4 LCP Amendments Adoption and CCC Submittal
4.1 Staff Reports
Prepare staff reports for Planning Commission and City Council, which include
summaries of public outreach and outcomes, and responses to CCC comments.
4.2 City Council Hearings
Prepare hearing notices and hold public hearings before the Planning Commission and
City Council for review and approval of the LCPA.
4.3 Submittal Package
Prepare the submittal package and submit the adopted LCPA to the CCC for certification.
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7
Deliverables:
a. Staff Reports to Planning Commission and City Council
b. Adopted LCPA
c. LCPA Submittal (City Council-approved LCPA, Ordinance and Resolution, meeting
minutes, and public comments)
Task Descriptions and Schedule
Task 1. Project Management Start Dec. 15, 2022; End Dec. 14, 2024
1.2 Consultant Work Plan December 30, 2022
1.3 Ongoing project management Ongoing
Outcome/Deliverables:
a. Kick-off Meeting
b. Additional meeting agendas and
notes as needed
c. Ongoing project management
a. December 19, 2022
b. Ongoing
c. Ongoing
Task 2. Research and Document
Review Start Jan 1, 2023; End September 29, 2023
2.1 Policy Review January - March 2023
2.2 Technical Document Review April - September 2023
Outcome/Deliverables
a. Crosswalk of existing and proposed
policies and code sections
b. Annotated list of studies
c. Technical Studies Memo
a. March 31, 2023
b. August 31, 2023
c. September 29, 2023
Task 3. Targeted LCP Amendments Start Jan. 1, 2023; End May 30, 2024
3.1 Working Draft LCPA Land Use Plan
Sections
May 30, 2023
3.2 Working Draft LCPA
Implementation Plan Sections July 30, 2023
3.3 Public Review Draft LCPA November 13, 2023 (six-week minimum
public review)
3.4 Public Outreach
January 2023- December 2024
3.5 Revised Public Review Draft LCPA
May 30, 2024 (six-week minimum public
review)
Outcome/Deliverables
a. Working Draft LCPA LUP Sections
b. Working Draft LCPA IP Sections
c. Public Review Draft LCPA
d. Public Outreach Materials
e. Revised Public Review Draft LCPA
a. May 30, 2023
b. July 30, 2023
c. November 30, 2023
d. May 30, 2024
e. May 30, 2024
Page 138 of 369
8
Task 4. LCP Amendments Adoption and
CCC Submittal Start June 2024; End December 2024
4.1 Prepare staff reports June-Sept. 2024
4.2 Hold public hearings and adopt
LCPA Sept-November 2024
4.3 Submit adopted LCPA to CCC December 2024
Outcome/Deliverables
a. Staff Reports to Planning
Commission and City Council
b. Adopted LCPA
c. LCPA Submittal to CCC
a. Aug. 30, 2024 to PC; Sept. 30, 2024
to CC
b. Sept. 28 PC Recommendation; Nov.
10, 2024 City Council adoption
c. December 14, 2024
Benchmark Schedule
ACTIVITY COMPLETION DATE
Work Plan December 30, 2022
Technical Studies Memo September 29, 2023
LCPA Public Review Draft November 13, 2023
LCPA Revised Public Review Draft May 30, 2024
Public Outreach Ongoing, with materials submitted
May 30, 2024
City Council Hearing to Adopt LCPA November 10, 2024
Coastal Commission LCPA Submittal Package December 14, 2024
Application Budget Information
Funding Request: $100,000 Total Project Cost: $100,000
Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
LABOR COSTS1
County/City Staff Labor
Task 1 – Task name
Task 2 – Task name
Task 3 – Task name, etc.
Total Labor Costs $0 $0 $0
DIRECT COSTS
County/City Staff Project Supplies
1 Amount requested should include total for salary and benefits.
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9
Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
A
B, etc.
Total $0
County/City Staff Travel In State2
Mileage
Hotel, etc.
Total $0
Consultants3/Partners
Consultant
Task 1 – Project Management $7,000 $7,000
Task 2 – Research and
Document Review
$23,000 $23,000
Task 3 – Targeted LCPA $60,000 $60,000
Task 4 – LCPA Adoption and
Submittal $10,000 $10,000
Consultants Total $100,000 $100,000
Total Direct Costs $100,000 $100,000
OVERHEAD/INDIRECT COSTS4
Total County/City Staff
Overhead/Indirect Costs $0 $0 $0
TOTAL PROJECT COST $100,000 $0 $100,000
2 Travel reimbursement rates are the same as similarly situated state employees.
3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws.
4 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly
supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10%
of amount requested for “Total Labor.”
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10
Application Checklist
A complete Grant Application Packet includes the following components. Please submit all
documents in a single PDF file as well as a Word Document of the Project Proposal details, as
noted below. It is very important to receive the PDF file and a Word document for efficiency
in preparing grant agreement documents. Thank you for your attention to these important
components of the application.
Signed LCP Grant Application Form (.pdf)
Project Proposal (.docx)
o Project Description, Task Descriptions, Schedule, Budget, and
Supplemental Information
Signed Resolution (.pdf)
All documents combined into a single PDF file (.pdf)
Page 141 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Installation of a blue curb disabled persons parking space with signage in front of the residence
at 3503 Cagle Street.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California,
staff recommends the installation of a blue curb disabled persons parking space with signage in
front of the residence at 3503 Cagle Street”.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Traffic Safety Committee unanimously approved staff’s recommendation for the installation
of a blue curb disabled persons parking space with signage in front of the residence at 3503 Cagle
Street.
EXPLANATION:
Mr. Gary Mujica, resident of 3503 Cagle Street, has requested a blue curb disabled persons
parking space in front of his residence. The resident possesses a valid disabled persons placard
from the California Department of Motor Vehicles. The resident stated that it is difficult for him to
find parking in front of his residence due to the high demand of parking in the area and that a
disabled persons parking space in front of his residence would provide easier access to the house.
Staff visited the site and observed that Mr. Mujica’s residence has a driveway and garage. With
his permission and supervision, staff measured the driveway and the garage. The driveway is 20
feet long by 10 feet wide with negligible slope. The garage is 18 feet long by 8 feet wide with a
negligible slope. The minimum dimensions for a garage or driveway to accommodate a vehicle
with a disabled driver or passenger is 20 feet long by 12 feet wide. This condition is not met since
the dimensions of the driveway do not meet the minimum parking requirements for disabled
persons.
The City Council has adopted a policy which is used to evaluate requests for disabled persons
parking spaces. The City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
“disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street space
available that may be converted into disabled parking. This condition is met.
This item was presented to the Traffic Safety Committee on October 12, 2022. Staff sent notices
to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee Meeting and/or
Page 142 of 369
contact staff with any questions. Mr. Gary Mujica was present and he spoke in support of the
installation of the blue curb disabled persons parking space in front of his residence.
Staff presented the results of the site evaluation to the Traffic Safety Committee and after
discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue
curb disabled persons parking space with sign, since all three conditions of the City Council
Disabled Persons Parking Policy for “Special Hardship” cases are met.
The applicant for this request was informed that handicap parking spaces do not constitute
“personal reserved parking” and that any person with valid “disabled persons” license plates or
placards may park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to modify Title
11 of the National City Municipal Code to manage future blue curb requests as the City is receiving
an increase in the amount of requests for blue curb disabled persons parking spaces. Please see
attached Exhibit “B” for the location of existing blue curb disabled persons parking spaces within
a 4-block radius from the proposed location for this request.
If approved by City Council, all work will be performed by City Public Works.
FINANCIAL STATEMENT:
N/A
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 - Map
Exhibit B - Map
Exhibit C - Staff Report to the Traffic Safety Committee on October 12, 2022 (TSC No. 2022-07)
Exhibit D - Resolution
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Exhibit A - Location Map with Recommended Enhancements (TSC Item: 2022-07)
3503 Cagle Street
Proposed blue curb
disabled persons
parking space
Page 144 of 369
Exhibit B: Location Map showing existing blue curb parking spaces (TSC Item: 2022-07)
LEGEND
Proposed location
of blue curb parking space
3502
Stockman St
3517
Stockman St
3503
Newberry St
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
STAFF RECOMMENDS THE INSTALLATION OF A BLUE CURB DISABLED PERSONS
PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 3503 CAGLE STREET
WHEREAS, Mr. Gary Mujica, resident of 3503 Cagle Street, has requested a blue curb
disabled persons parking space in front of his residence; and
WHEREAS, the resident possesses a valid disabled persons placard from the California
Department of Motor Vehicles; and
WHEREAS, the resident stated that it is difficult for him to find parking in front of his
residence due to the high demand of parking in the area and that a disabled persons parking
space in front of his residence would provide easier access to the house; and
WHEREAS, staff visited the site and observed that Mr. Mujica’s residence has a driveway
and garage. With his permission and supervision, staff measured the driveway and the garage;
and
WHEREAS, the driveway is 20 feet long by 10 feet wide with negligible slope; and
WHEREAS, the garage is 18 feet long by 8 feet wide with a negligible slope; and
WHEREAS the minimum dimensions for a garage or driveway to accommodate a vehicle
with a disabled driver or passenger is 20 feet long by 12 feet wide; and
WHEREAS, this condition is not met since the dimensions of the driveway do not meet
the minimum parking requirements for disabled persons; and
WHEREAS, the City Council has adopted a policy which is used to evaluate requests for
disabled persons parking spaces; and
WHEREAS, the City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows: (1) Applicant (or guardian) must be in possession of valid license
plates or placard for “disabled persons” or “disabled veterans” (2) The proposed disabled parking
space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of
residence; (3) The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking; and
WHEREAS, this item was presented to the Traffic Safety Committee on October 12, 2022;
and
WHEREAS, staff sent notices to area residents inviting them to Zoom-in or call-in to the
Traffic Safety Committee Meeting and/or contact staff with any questions; and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety
Committee and after discussion, the Traffic Safety Committee voted to approve staff’s
recommendation to install a blue curb disabled persons parking space with sign, since all three
Page 155 of 369
conditions of the City Council Disabled Persons Parking Policy for “Special Hardship” cases are
met.
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 installation of a blue curb disabled
persons parking space with signage in front of the residence at 3503 Cagle Street.
Section 2: that the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 156 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Installation of a blue curb disabled persons parking space with signage in front of the residence
at 24 E. 1st Street.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California,
staff Recommends the Installation of a Blue Curb Disabled Persons Parking Space with Signage
in Front of the Residence at 24 E. 1st Street.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Traffic Safety Committee unanimously approved staff’s recommendation for the installation
of a blue curb disabled persons parking space with signage in front of the residence at 24 E. 1 st
Street.
EXPLANATION:
Mrs. Judith Hernandez, resident of 24 E. 1st Street, has requested a blue curb disabled persons
parking space in front of her residence. The resident possesses a valid disabled persons placard
from the California Department of Motor Vehicles. The resident stated that it is difficult for her to
find parking in front of her residence due to the high demand of parking in the area. The resident
also stated that the driveway is too narrow to for getting in and out of the car with a walker and
that a disabled persons parking space in front of her residence would provide easier access to
the house.
Staff visited the site and observed that the residence has a driveway entrance and no garage.
With permission and supervision, staff measured the driveway. The driveway is 70 feet long by
10 feet wide with negligible slope. The minimum dimensions for a driveway to accommodate a
vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. This condition is not
met since the dimensions of the driveway do not meet the minimum parking requirements for
disabled persons.
The City Council has adopted a policy which is used to evaluate requests for disabled persons
parking spaces. The City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
“disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street space
available that may be converted into disabled parking. This condition is met.
Page 157 of 369
This item was presented to the Traffic Safety Committee on October 12, 2022. Staff sent notices
to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee Meeting and/or
contact staff with any questions. Mrs. Judith Hernandez was present and he spoke in support of
the installation of the blue curb disabled persons parking space in front of his residence.
Staff presented the results of the site evaluation to the Traffic Safety Committee and after
discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue
curb disabled persons parking space with sign, since all three conditions of the City Council
Disabled Persons Parking Policy for “Special Hardship” cases are met.
The applicant for this request was informed that handicap parking spaces do not constitute
“personal reserved parking” and that any person with valid “disabled persons” license plates or
placards may park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to modify Title
11 of the National City Municipal Code to manage future blue curb requests as the City is receiving
an increase in the amount of requests for blue curb disabled persons parking spaces. Please see
attached Exhibit “B” for the location of existing blue curb disabled persons parking spaces within
a 4-block radius from the proposed location for this request.
If approved by City Council, all work will be performed by City Public Works.
FINANCIAL STATEMENT:
N/A
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 - Map
Exhibit B - Map
Exhibit C -Staff Report to the Traffic Safety Committee on October 12, 2022 (TSC No. 2022-08)
Exhibit D - Resolution
Page 158 of 369
Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2022-08)
24 E. 1st Street
Proposed blue curb
disabled persons
parking space
Existing blue curb
disabled persons
parking space at
133 E. 2nd Street
Existing blue curb
disabled persons
parking space at
205 E. 1st Street
Page 159 of 369
Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2022-08)
22 Division Street
205 E. 1st Street
448 E. 1st Street
635 E. 1st Street
17 E. 2nd Street
133 E. 2nd Street
14 E. 3rd Street
241 E. 3rd Street
305 F Ave.
318 F Ave.
340 D Ave.
405 E Ave.
206 E. 4th Street
LEGEND
Proposed location
of blue curb parking space
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA STAFF RECOMMENDS THE INSTALLATION OF A BLUE CURB
DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 24 E. 1ST STREET
WHEREAS, Mrs. Judith Hernandez, resident of 24 E. 1 st Street, has requested a
blue curb disabled persons parking space in front of her residence; and
WHEREAS, the resident possesses a valid disabled persons placard from the
California Department of Motor Vehicles; and
WHEREAS, the resident stated that it is difficult for her to find parking in front of
her residence due to the high demand of parking in the area; and
WHEREAS, the resident also stated that the driveway is too narrow to for getting
in and out of the car with a walker and that a disabled persons parking space in front of
her residence would provide easier access to the house; and
WHEREAS, staff visited the site and observed that the residence has a driveway
entrance and no garage; and
WHEREAS, the driveway is 70 feet long by 10 feet wide with negligible slope; and
WHEREAS, the minimum dimensions for a driveway to accommodate a vehicle
with a disabled driver or passenger is 20 feet long by 12 feet wide; and
WHEREAS, this condition is not met since the dimensions of the driveway do not
meet the minimum parking requirements for disabled persons; and
WHEREAS, the City Council has adopted a policy which is used to evaluate
requests for disabled persons parking spaces; and
WHEREAS, the City Council Disabled Persons Parking Policy requirements for
“Special Hardship” cases are as follows: (1) Applicant (or guardian) must be in possession
of valid license plates or placard for “disabled persons” or “disabled veterans” (2) The
proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence; (3) The residence must not have useable
off-street parking available or an off -street space available that may be converted into
disabled parking; and
WHEREAS, this item was presented to the Traffic Safety Committee on October
12, 2022; and
WHEREAS, staff sent notices to area residents inviting them to Zoom -in or call-in
to the Traffic Safety Committee Meeting and/or contact staff with any questions ; and
Page 171 of 369
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety
Committee and after discussion, the Traffic Safety Committee voted to approve staff’s
recommendation to install a blue curb disabled persons parking space with sign, sin ce all
three conditions of the City Council Disabled Persons Parking Policy for “Special
Hardship” cases are met.
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 installation of a blue curb
disabled persons parking space with signage in front of the residence at 24 E. 1st Street
Section 2: that the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 172 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Installation of a blue curb disabled persons parking space with signage in front of the residence
at 421 Rachael Avenue.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California,
staff recommends the installation of a blue curb disabled persons parking space with signage in
front of the residence at 421 Rachael Avenue.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Traffic Safety Committee unanimously approved staff’s recommendation for the installation
of a blue curb disabled persons parking space with signage in front of the residence at 421
Rachael Avenue.
EXPLANATION:
Mrs. Olivia Hill and Mrs. Sheri Hill residents of 421 Rachael Avenue, have requested two blue
curb disabled persons parking spaces in front of their residence. The residents possess valid
disabled persons placards from the California Department of Motor Vehicles. Mrs. Olivia Hill
stated that there are five people living in the house and each of them has a vehic le. Mrs. Hill
stated that since it is difficult for them to find parking in front of their residence they all have to
park their vehicles along their driveway, crowding the driveway and making it challenging to exit.
Mrs. Hill stated that a disabled persons parking space in front of their residence would provide
easier access to the house.
Staff visited the site and observed that the residence has a driveway entrance and garage. With
permission and supervision, staff measured the driveway and the garage. The driveway is 96 feet
long by 22 feet wide with a varying slope of 4-8%. The garage is 14 feet wide with negligible slope,
however, staff was unable to measure the length/depth of the garage since it is currently used for
storage and is inaccessible. Mrs. Olivia Hill stated that the garage is long enough to accommodate
her accessible van. The minimum dimensions for a driveway and garage to accommodate a
vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide with a slope of 2% or
less.
These conditions are not met since the slope of the driveway do not meet the minimum parking
requirements for disabled persons.
The City Council has adopted a policy which is used to evaluate requests for disabled persons
parking spaces. The City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
“disabled persons” or “disabled veterans”. This condition is met.
Page 173 of 369
2. The proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street space
available that may be converted into disabled parking. The resident has a garage big
enough to accommodate one vehicle, however, it is not big enough to accommodate two
vehicles. For this reason, the resident has off-street parking for one vehicle and does not
have off-street parking for the second vehicle.
This item was presented to the Traffic Safety Committee on October 12, 2022. Staff sent notices
to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee Meeting and/or
contact staff with any questions. Mrs. Olivia Hill was present and he spoke in support of the
installation of the blue curb disabled persons parking space in front of his residence.
Staff presented the results of the site evaluation to the Traffic Safety Committee and afte r
discussion, the Traffic Safety Committee voted to approve staff’s recommendation for the
installation of one blue curb disabled persons parking space with signage in front of the residence
at 421 Rachael Avenue.
The applicant for this request was informed that handicap parking spaces do not constitute
“personal reserved parking” and that any person with valid “disabled persons” license plates or
placards may park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to modify Title
11 of the National City Municipal Code to manage future blue curb requests as the City is receiving
an increase in the amount of requests for blue curb disabled persons parking spaces. Please see
attached Exhibit “B” for the location of existing blue curb disabled persons parking spaces within
a 4-block radius from the proposed location for this request.
If approved by City Council, all work will be performed by City Public Works.
FINANCIAL STATEMENT:
N/A
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 - Map
Exhibit B - Map
Exhibit C - Staff Report to the Traffic Safety Committee on October 12, 2022 (TSC No. 2022-09)
Exhibit D - Resolution
Page 174 of 369
Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2022-09)
421 Rachael Ave. Proposed blue curb
disabled persons
parking spaces
Page 175 of 369
Exhibit B: Location Map Showing Existing Blue Curb Parking Spaces (TSC Item: 2022-09)
2421 Beta St.
Division
Street
3108 Division St.
3819 Peach
Blossom St.
2635 E. 4th St.
129 Kenton Ave.
2229 E. 4th St.
2410 E. 8th St.
LEGEND
Proposed location
of blue curb parking space
2643 E. 4th St.
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA STAFF RECOMMENDS THE INSTALLATION OF A BLUE CURB
DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 421 RACHAEL AVENUE
WHEREAS, Mrs. Olivia Hill and Mrs. Sheri Hill residents of 421 Rachael Avenue,
have requested two blue curb disabled persons parking spaces in front of their residence;
and
WHEREAS, the residents possess valid disabled persons placards from the
California Department of Motor Vehicles; and
WHEREAS, Mrs. Olivia Hill stated that there are five people living in the house and
each of them has a vehicle; and
WHEREAS, Mrs. Hill stated that since it is difficult for them to find parking in front
of their residence they all have to park their vehicles along their driveway, crowding the
driveway and making it challenging to exit; and
WHEREAS, Mrs. Hill stated that a disabled persons parking space in front of their
residence would provide easier access to the house; and
WHEREAS , staff visited the site and observed that the residence has a driveway
entrance and garage; and
WHEREAS the driveway is 96 feet long by 22 feet wide with a varying slope of 4 -
8%; and
WHEREAS, the garage is 14 feet wide with negligible slope, however, staff was
unable to measure the length/depth of the garage since it is currently used for storage
and is inaccessible; and
WHEREAS, Mrs. Olivia Hill stated that the garage is long enough to accommodate
her accessible van; and
WHEREAS, the minimum dimensions for a driveway and garage to accommodate
a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide with a slope
of 2% or less; and
WHEREAS, these conditions are not met since the slope of the driveway do es not
meet the minimum parking requirements for disabled persons; and
WHEREAS, the City Council Disabled Persons Parking Policy requirements for
“Special Hardship” cases are as follows: (1) Applicant (or guardian) must be in possession
of valid license plates or placard for “disabled persons” or “disabled veterans” (2) The
Page 188 of 369
proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence; (3) The residence must not have useable
off-street parking available or an off -street space available that may be converted into
disabled parking; and
WHEREAS, this item was presented to the Traffic Safety Committee on October
12, 2022; and
WHEREAS, staff sent notices to area residents inviting them to Zoom-in or call-in
to the Traffic Safety Committee Meeting and/or contact staff with any questions; and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety
Committee recommending the installation of one blue curb disabled persons parking
space with signage in front of the residence at 421 Rachael Avenue sinc e the resident
has a garage big enough to accommodate one vehicle, however, it is not big enough to
accommodate two vehicles; and
WHEREAS Traffic Safety Committee voted to approve staff’s recommendation for
the installation of one blue curb disabled persons parking space with signage in front of
the residence at 421 Rachael Avenue.
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 installation of a blue curb
disabled persons parking space with signage in front of the residence at 421 Rachael
Avenue.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 189 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Installation of a blue curb disabled persons parking space with signage in front of the residence
at 920 Pleasant Lane.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California,
staff recommends the installation of a blue curb disabled persons parking space with signage in
front of the residence at 920 Pleasant Lane.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Traffic Safety Committee unanimously approved staff’s recommendation for the installation
of a blue curb disabled persons parking space with signage in front of the residence at 920
Pleasant Lane.
EXPLANATION:
Mr. Gerardo Zavala, resident of 920 Pleasant Lane has requested a blue curb disabled persons
parking space in front of his residence. The resident possesses a valid disabled persons placard
from the California Department of Motor Vehicles. The resident stated that it is difficult for him to
find parking in front of his residence due to the high demand of parking in the area and that a
disabled persons parking space in front of his residence would provide easier access to the house.
The resident has a manual gate and cited financial hardship as the reason for being unable to
upgrade to an automatic gate.
Staff visited the site and observed that the residence has a driveway entrance and no garage.
With his permission and supervision, staff measured the driveway. The driveway is 19 feet long
by 13 feet wide with 2.5%-4% slope. The minimum dimensions for a driveway to accommodate a
vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide and a 2% slope. This
condition is not met since the dimensions of the driveway do not meet the minimum parking
requirements for disabled persons.
The City Council has adopted a policy which is used to evaluate requests for disabled persons
parking spaces. The City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
“disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street space
available that may be converted into disabled parking. This condition is met.
Page 190 of 369
This item was presented to the Traffic Safety Committee on October 12, 2022. Staff sent notices
to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee Meeting and/or
contact staff with any questions. Mr. Gerardo Zavala was present and he spoke in support of the
installation of the blue curb disabled persons parking space in front of his residence.
Staff presented the results of the site evaluation to the Traffic Safety Committee and after
discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue
curb disabled persons parking space with sign, since all three conditions of the City Council
Disabled Persons Parking Policy for “Special Hardship” cases are met.
The applicant for this request was informed that handicap parking spaces do not constitute
“personal reserved parking” and that any person with valid “disabled persons” license plates or
placards may park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to modify Title
11 of the National City Municipal Code to manage future blue curb requests as the City is receiving
an increase in the amount of requests for blue curb disabled persons parking spaces. Please see
attached Exhibit “B” for the location of existing blue curb disabled persons parking spaces within
a 4-block radius from the proposed location for this request.
If approved by City Council, all work will be performed by City Public Works.
FINANCIAL STATEMENT:
N/A
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 - Map
Exhibit B - Map
Exhibit C - Staff Report to the Traffic Safety Committee on October 12, 2022 (TSC No. 2022-10)
Exhibit D - Resolution
Page 191 of 369
Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2022-10)
920 Pleasant Lane
Proposed blue curb
disabled persons
parking spaces
Page 192 of 369
Exhibit B: Location Map Showing Existing Blue Curb Parking Spaces (TSC Item: 2022-10)
2643 E 4th St.
2229 E 4th St.
2635 E 4th St.
2130 E 8th St.
2410 E 8th St.
LEGEND
Proposed location
of blue curb parking space
2205 E 12th St.
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
STAFF RECOMMENDS THE INSTALLATION OF A BLUE CURB DISABLED PERSONS
PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 920 PLEASANT LANE
WHEREAS, Mr. Gerardo Zavala, resident of 920 Pleasant Lane has requested a blue curb
disabled persons parking space in front of his residence; and
WHEREAS, the resident possesses a valid disabled persons placard from the California
Department of Motor Vehicles; and
WHEREAS, the resident stated that it is difficult for him to find parking in front of his
residence due to the high demand of parking in the area and that a disabled persons parking
space in front of his residence would provide easier access to the house; and
WHEREAS, the resident has a manual gate and cited financial hardship as the reason for
being unable to upgrade to an automatic gate; and
WHEREAS, staff visited the site and observed that the residence has a driveway entrance
and no garage; and
WHEREAS, the driveway is 19 feet long by 13 feet wide with 2.5%-4% slope; and
WHEREAS the minimum dimensions for a driveway to accommodate a vehicle with a
disabled driver or passenger is 20 feet long by 12 feet wide and a 2% slope; and
WHEREAS, this condition is not met since the dimensions of the driveway do not meet
the minimum parking requirements for disabled persons; and
WHEREAS, the City Council has adopted a policy which is used to evaluate requests for
disabled persons parking spaces; and
WHEREAS, the City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows: (1) Applicant (or guardian) must be in possession of valid license
plates or placard for “disabled persons” or “disabled veterans” (2) The proposed disabled parking
space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of
residence; (3) The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking; and
WHEREAS, This item was presented to the Traffic Safety Committee on October 12,
2022; and
WHEREAS, staff sent notices to area residents inviting them to Zoom-in or call-in to the
Traffic Safety Committee Meeting and/or contact staff with any questions; and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety
Committee and after discussion, the Traffic Safety Committee voted to approve staff’s
recommendation to install a blue curb disabled persons parking space with sign, since all three
Page 204 of 369
conditions of the City Council Disabled Persons Parking Policy for “Special Hardship” cases are
met.
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 installation of a blue curb
disabled persons parking space with signage in front of the residence at 920 Pleasant Lane.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 205 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Installation of a blue curb disabled persons parking space with signage in front of the residence
at 1623 Harding Avenue.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California,
staff recommends the installation of a blue curb disabled persons parking space with signage in
front of the residence at 1623 Harding Avenue.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Traffic Safety Committee unanimously approved staff’s recommendation for the installation
of a blue curb disabled persons parking space with signage in front of the residence at 1623
Harding Avenue.
EXPLANATION:
Mr. Oscar Holguin, resident of 1623 Harding Avenue, has requested a blue curb disabled persons
parking space in front of his residence. The resident possesses a valid disabled persons placard
from the California Department of Motor Vehicles. The resident stated that it is difficult for him to
find parking in front of his residence due to the high demand of parking in the area and that a
disabled persons parking space in front of his residence would provide easier access to the house.
Staff visited the site and observed that Mr. Holguin’s residence has a driveway and garage. With
his permission and supervision, staff measured the driveway and the garage. The driveway is 20
feet long by 10 feet wide with a slope of 4%. The garage is 18 feet long by 8 feet wide with a
negligible slope. The minimum dimensions for a garage or driveway to accommodate a vehicle
with a disabled driver or passenger is 20 feet long by 12 feet wide with a slope of 2% or less. This
condition is not met since the dimensions of the driveway do not meet the minimum parking
requirements for disabled persons.
The City Council has adopted a policy which is used to evaluate requests for disabled persons
parking spaces. The City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
“disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street space
available that may be converted into disabled parking. This condition is met.
This item was presented to the Traffic Safety Committee on October 12, 2022. Staff sent notices
to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee Meeting and/or
Page 206 of 369
contact staff with any questions. No one was in attendance to speak in support of the blue curb
disabled persons parking space.
Staff presented the results of the site evaluation to the Traffic Safety Committee and after
discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install a blue
curb disabled persons parking space with sign, since all three conditions of the City Council
Disabled Persons Parking Policy for “Special Hardship” cases are met.
The applicant for this request was informed that handicap parking spaces do not constitute
“personal reserved parking” and that any person with valid “disabled persons” license plates or
placards may park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to modify Title
11 of the National City Municipal Code to manage future blue curb requests as the City is receiving
an increase in the amount of requests for blue curb disabled persons parking spaces. Please see
attached Exhibit “B” for the location of existing blue curb disabled persons parking spaces within
a 4-block radius from the proposed location for this request.
If approved by City Council, all work will be performed by City Public Works.
FINANCIAL STATEMENT:
N/A
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 - Map
Exhibit B - Map
Exhibit C - Staff Report to the Traffic Safety Committee on October 12, 2022 (TSC No. 2022-11)
Exhibit D - Resolution
Page 207 of 369
Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2022-11)
1623 Harding Ave.
Existing blue curb
disabled persons
parking space at
1624 Harding Ave.
Existing blue curb
disabled persons
parking space at
1632 Harding Ave
Proposed blue curb
disabled persons
parking space
Page 208 of 369
Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2022-11)
325 Civic Center Dr. 116 W 14th Street
142 E. 16th Street
410 W. 18th Street
1624 Harding Ave.
1601 Hoover Ave.
1632 Harding Ave.
1812 Wilson Ave.
110 E. 17th Street
1729 B Ave.
302 W. 18th Street LEGEND
Proposed location
of blue curb parking space
1816 Harding Ave.
1435 Hoover Ave.
1428 Harding Ave.
Page 209 of 369
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR OCTOBER 12, 2022
ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED
PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 1623 HARDING AVENUE
PREPARED BY: Luca Zappiello, Assistant Engineer – Civil
Engineering & Public Works Department
DISCUSSION:
Mr. Oscar Holguin, resident of 1623 Harding Avenue, has requested a blue curb disabled
persons parking space in front of his residence. The resident possesses a valid disabled
persons placard from the California Department of Motor Vehicles. The resident stated that
it is difficult for him to find parking in front of his residence due to the high demand of parking
in the area and that a disabled persons parking space in front of his residence would provide
easier access to the house.
Staff visited the site and observed that Mr. Holguin’s residence has a driveway and garage.
With his permission and supervision, staff measured the driveway and the garage. The
driveway is 20 feet long by 10 feet wide with a slope of 4%.. The garage is 18 feet long by 8
feet wide with a negligible slope. The minimum dimensions for a garage or driveway to
accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide
with a slope of 2% or less. This condition is not met since the dimensions of the driveway do
not meet the minimum parking requirements for disabled persons.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy requirements for
“Special Hardship” cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
“disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of
the applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is met.
It shall be noted that disabled persons parking spaces do not constitute “personal reserved
parking” and that any person with valid “disabled persons” license plates or placards may
park in handicap spaces.
Please see attached exhibit for the location of existing blue curb disabled persons parking
spaces within a 4-block radius from the proposed location for this request.
ITEM NO. 2022-11
5
Page 210 of 369
STAFF RECOMMENDATION:
Since all three conditions of the City Council Disabled Persons Parking Policy for “Special
Hardship” cases are met, staff recommends the installation of a blue curb disabled persons
parking space with signage in front of the residence at 1623 Harding Avenue.
EXHIBITS:
1. Public Request Form
2. Public Notice
3. Location Map
4. Location Map showing existing blue curb parking spaces in the area
5. Photos
6. City Council Disabled Persons Parking Policy
2022-11
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
STAFF RECOMMENDS THE INSTALLATION OF A BLUE CURB DISABLED PERSONS
PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1623 HARDING
AVENUE
WHEREAS, Mr. Oscar Holguin, resident of 1623 Harding Avenue, has requested a blue
curb disabled persons parking space in front of his residence; and
WHEREAS, the resident possesses a valid disabled persons placard from the California
Department of Motor Vehicles; and
WHEREAS, the resident stated that it is difficult for him to find parking in front of his
residence due to the high demand of parking in the area and that a disabled persons parking
space in front of his residence would provide easier access to the house; and
WHEREAS, staff visited the site and observed that Mr. Holguin’s residence has a driveway
and garage; and
WHEREAS, the driveway is 20 feet long by 10 feet wide with a slope of 4%; and
WHEREAS, the minimum dimensions for a garage or driveway to accommodate a vehicle
with a disabled driver or passenger is 20 feet long by 12 feet wide with a slope of 2% or less; and
WHEREAS, this condition is not met since the dimensions of the driveway do not meet
the minimum parking requirements for disabled persons; and
WHEREAS, the City Council has adopted a policy which is used to evaluate requests for
disabled persons parking spaces; and
WHEREAS, the City Council Disabled Persons Parking Policy requirements for “Special
Hardship” cases are as follows: (1) Applicant (or guardian) must be in possession of valid license
plates or placard for “disabled persons” or “disabled veterans” (2) The proposed disabled parking
space must be in front (or side if on a corner lot) of the applicant’s (or guardian’s) place of
residence; (3) The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking; and
WHEREAS, this item was presented to the Traffic Safety Committee on October 12, 2022;
and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety
Committee and after discussion, the Traffic Safety Committee voted to approve staff’s
recommendation to install a blue curb disabled persons parking space with sign, since all three
conditions of the City Council Disabled Persons Parking Policy for “Special Hardship” cases are
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
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Section 1: That the City Council hereby authorizes the installation of a blue curb
disabled persons parking space with signage in front of the residence at 1623 Harding Avenue.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 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 221 of 369
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Assistant Engineer - Civil
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Installation of a blue curb disabled persons parking space with signage in front of the
residence at 1420 Coolidge Avenue.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City,
California, staff recommends the installation of a blue curb disabled persons parking
space with signage in front of the residence at 1420 Coolidge Avenue”.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Traffic Safety Committee unanimously appro ved staff’s recommendation for the
installation of a blue curb disabled persons parking space with signage in front of the
residence at 1420 Coolidge Avenue.
EXPLANATION:
Mrs. Maria Rodriguez, resident of 1420 Coolidge Avenue, has requested a blue curb
disabled persons parking space in front of her residence. The resident possesses a valid
disabled persons placard from the California Department of Motor Vehicles. The resident
stated that it is difficult for her to find parking in front of his residence due to the high
demand of parking in the area and that a disabled persons parking space in front of her
residence would provide easier access to the house.
Staff visited the site and observed that Mrs. Rodriguez’s residence does not have a
driveway or a garage. The slope on Coolidge Avenue was found to be negligible.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy requirements
for “Special Hardship” cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard
for “disabled persons” or “disabled veterans”. This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot)
of the applicant’s (or guardian’s) place of residence. This condition is met.
3. The residence must not have useable off -street parking available or an off-street
space available that may be converted into disabled parking. This condition is
met.
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This item was presented to the Traffic Safety Committee on October 12, 2022. Staff sent
notices to area residents inviting them to Zoom-in or call-in to the Traffic Safety Committee
Meeting and/or contact staff with any questions. No one was in attendance to speak in
support of the blue curb disabled persons parking space.
Staff presented the results of the site evaluation to the Traffic Safety Committee and after
discussion, the Traffic Safety Committee voted to approve staff’s recommendation to
install a blue curb disabled persons parking space with sign, since all three conditions of
the City Council Disabled Persons Parking Policy for “Special Hardship” cases are met.
The applicant for this request was informed that handicap parking spaces do not
constitute “personal reserved parking” and that any person with valid “disabled persons”
license plates or placards may park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to
modify Title 11 of the National City Municipal Code to manage future blue curb requests
as the City is receiving an increase in the amount of requests for blue curb disabled
persons parking spaces. Please see attached Exhibit “B” for the location of existing blue
curb disabled persons parking spaces within a 4-block radius from the proposed location
for this request.
If approved by City Council, all work will be performed by City Public Works.
FINANCIAL STATEMENT:
N/A
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 - Map
Exhibit B - Map
Exhibit C -Staff Report to the Traffic Safety Committee on October 12, 2022 (TSC No. 2022-12)
Exhibit D - Resolution
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Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2022-11)
W. 14th Street
W. 15th Street
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1420 Coolidge
Ave.
Proposed blue curb
disabled persons
parking space
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Exhibit B: Location Map Showing Existing Blue Curb Parking Space (TSC Item: 2022-11)
1205 Coolidge Ave
321 Civic Center
116 W 14th Street
1435 Hoover Ave
1428 Harding Ave
1630 Harding Ave
1632 Harding Ave
1603 Hoover Ave
Kimball Elementary School
142 E 16th Street
1420 McKinley Ave
1420 Coolidge Ave
LEGEND
Proposed location
of blue curb parking space
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA STAFF RECOMMENDS THE INSTALLATION OF A BLUE CURB
DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 1420 COOLIDGE AVENUE
WHEREAS, Mrs. Maria Rodriguez, resident of 1420 Coolidge Avenue, has
requested a blue curb disabled persons parking space in front of her residence ; and
WHEREAS, the resident possesses a valid disabled persons placard from the
California Department of Motor Vehicles; and
WHEREAS, the resident stated that it is difficult for her to find parking in front of his
residence due to the high demand of parking in the area and that a disabled persons
parking space in front of her residence would provide easier access to the house; and
WHEREAS, staff visited the site and observed that Mrs. Rodriguez’s residence
does not have a driveway or a garage. The slope on Coolidge Avenue was found to be
negligible; and
WHEREAS, the City Council has adopted a policy which is used to evaluate
requests for disabled persons parking spaces; and
WHEREAS, the City Council Disabled Persons Parking Policy requirements for
“Special Hardship” cases are as follows: (1) Applicant (or guardian) must be in possession
of valid license plates or placard for “disabled persons” or “disabled veterans” (2) The
proposed disabled parking space must be in front (or side if on a corner lot) of the
applicant’s (or guardian’s) place of residence; (3) The residence must not have useable
off-street parking available or an off -street space available that may be converted into
disabled parking; and
WHEREAS, this item was presented to the Traffic Safety Committee on October
12, 2022; and
WHEREAS, staff sent notices to area residents inviting them to Zoom -in or call-in
to the Traffic Safety Committee Meeting and/or contact staff with any questions ; and
WHEREAS, staff presented the results of the site evaluation to the Traffic Safety
Committee and after discussion, the Traffic Safety Committee voted to approve staff’s
recommendation to install a blue curb disabled persons parking space with sign, since all
three conditions of the City Council Disabled Persons Parking Policy for “Special
Hardship” cases are met.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1: That the City Council hereby authorizes the installation of a blue curb
disabled persons parking space with signage in front of the residence at 1420 Coolidge
Avenue.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
Page 238 of 369
Resolution No. 2022 –
Page Two
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 239 of 369
AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, AICP, Planning Manager
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Notice of Decision – Planning Commission approval - Conditional use permit for on-sale beer and
wine (ABC license Type 41) at an existing restaurant (Nigeria Breeze) located at 925 East Plaza
Boulevard, Suite 106.
RECOMMENDATION:
Staff concurs with the decision of the Planning Commission and recommends that the Notice of
Decision be filed. (Case File No.: 2022-29 CUP) (Community Development – Planning)
BOARD/COMMISSION PRIOR ACTION:
The Planning Commission recommended approval of the Conditional Use Permit by unanimous
vote of those present. Commissioner Natividad was absent.
EXPLANATION:
The applicant is proposing to sell beer and wine (ABC Type 41) in conjunction with on-site food
sales in a 1,760 square-foot restaurant. Proposed hours of operation are 10:00 a.m. to 9:00 p.m.
Monday through Saturday. Seating is located indoors and no live entertainment is proposed.
The Planning Commission conducted a public hearing on November 7, 2022 and voted to
recommend approval of the request based on the attached findings and recommended Conditions
of Approval including a modification to Condition No. 10 to add specificity on annual reporting.
The attached Planning Commission staff report describes the proposal in detail.
FINANCIAL STATEMENT:
Not applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities CCR 15301.
This project qualifies for a Notice of Exemption. CCR 15374.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
EXHIBITS:
1. Overhead
2. 2022-29 CUP Staff Report
3. PC Resolution 2022-23
4. Exhibit A to the PC Report – Plans
5. PowerPoint Slides from PC meeting
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ATTACHMENT 1
2022-29 CUP – 925 E. Plaza Blvd., Ste. 106 – Overhead
N
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ATTACHMENT 2
Item no. 4
November 7, 2022
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title: PUBLIC HEARING – CONDITIONAL USE PERMIT FOR
BEER AND WINE SALES (ABC TYPE-41) AT AN
EXISTING RESTAURANT (NIGERIA BREEZE
RESTAURANT) LOCATED AT 925 EAST PLAZA
BOULEVARD, SUITE 106.
Case File No.: 2022-29 CUP
Location: 925 East Plaza Blvd- Plaza Village Center
Assessor’s Parcel Nos.: 556-590-63
Staff report by: Adan Pacheco – Planning Technician
Applicant: Anwar Spatafore
Zoning designation: MXD-2 (Major Mixed-Use District)
Adjacent use and zoning:
North: Single-family residences / MXD-2
East: AT&T retail outlet / MXD-2
South: South Bay Plaza / MXD-2
West: AutoZone / MXD-2
Environmental review: The proposed project has been reviewed in compliance with
the California Environmental Quality Act (CEQA) and has
been determined to be categorically exempt from
environmental review pursuant to Class 1, Section 15301
(Existing Facilities) for which a Notice of Exemption will be
filed subsequent to approval of this Conditional Use Permit
Page 242 of 369
Planning Commission
Meeting of November 7, 2022
Page 2
Staff recommendation: Approve
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Planning Commission
Meeting of November 7, 2022
Page 3
Staff Recommendation
Staff recommends approval of the sale of on-site beer and wine, subject to the
attached recommended conditions. The sale of beer and wine is a conditionally-
allowed use in the Major Mixed-Use District (MXD-2) zone and would be accessory
to food sales at the restaurant.
Executive Summary
The restaurant (Nigeria Breeze Restaurant) has applied for a California Department
of Alcoholic Beverage Control (ABC) Type 41 license to sell beer and wine with
food at the subject restaurant. Hours of operation are from 10:00 a.m. to 9:00 p.m.
Monday through Saturday with Sunday closed.
Site Characteristics
Nigeria Breeze is an existing family-run Nigerian restaurant located in Plaza Village
Center at 925 East Plaza Boulevard, Suite 106. The restaurant occupies a 1,760
square foot suite. There is no existing or proposed outside seating area for the
restaurant. Parking spaces in the shopping center are sufficient and no new
interior improvements have been made.
The Plaza Village Center is mostly where commercial establishments are
located. Nigeria Breeze faces both the parking lot and East Plaza Blvd. on the
northwest corner of the shopping mall. Single-family homes border the site to the
north and are separated by a retaining wall.
Proposed Use
The applicant is proposing to sell beer and wine (ABC Type 41) in conjunction
with on-site food sales in the 1,760 square-foot restaurant. Proposed hours of
operation are 10:00 a.m. to 9:00 p.m. Monday through Saturday with every
Sunday closed. The seating area is comprised of 466 square feet that is all
located indoors. No live entertainment is proposed.
Analysis
Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an
approved Conditional Use Permit (CUP). Additional requirements for alcohol
CUPs include expanded notification, a community meeting, and distance
requirements.
Mailing – All property owners and occupants within a dista nce of 660 feet are
required to be notified of a public hearing for alcohol-related CUP applications.
Notice of this public hearing was sent to 358 occupants and owners.
Page 244 of 369
Planning Commission
Meeting of November 7, 2022
Page 4
Community Meeting – Pursuant to Section 18.30.050 (C) of the National City
Zoning Code, a community meeting was held on Friday, September 23, 2022
from 2:00 p.m. to 3:00 p.m. at the subject restaurant. The meeting advertisement
is attached (Attachment 8); there were twenty-five attendees from the
community. The applicant stated that the same owners and occupants that were
notified of the Planning Commission meeting were notified of the community
meeting.
Distance Requirements – In accordance with Chapter 18.030.050 (D) of the
National City Zoning Code, restaurants must be 660 feet away from any public
school. Restaurants that devote more than 30% of their space to dining are
exempt from this rule. However, Nigeria Breeze Restaurant is not within 660 feet
of Central Elementary School.
Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control (ABC), there are
currently 15 on-site licenses in census tract 117 where a maximum of eight are
recommended, meaning that the census tract is considered by ABC to be over-
saturated with regard to alcohol sales outlets. The area between National City
Boulevard and "N" Avenue, as well as East 8th Street and East 18th Street, is
included in Census Tract 117.
Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 11 points, which
places it in the Low Risk category (Low Risk is considered 12 points or less). The
risk assessment is included as Attachment 7.
Institute for Public Strategies (IPS)
No comments were received from IPS as of the writing of thi s report, although
they usually recommend at least the need for Responsible Beverage Sales and
Service (RBSS) training for all staff. This is a standard condition of approval and
is included with this report.
Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:
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Planning Commission
Meeting of November 7, 2022
Page 5
1. The proposed use is allowable within the applicable zoning district
pursuant to a Conditional Use Permit and complies with all other
applicable provisions of the Land Use Code.
The use is allowable within the MXD-2 zone pursuant to a CUP and the proposed
use meets the required guidelines in the Land Use Code for alcohol sales, as
discussed in the staff report. It is incidental to the proposed restaurant use in a
commercial area.
2. The proposed use is consistent with the General Plan and any applicable
specific plan.
Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is
consistent with the General Plan. There is no Specific Plan in the area. In
addition, a restaurant use is consistent with the MXD-2 land use designation
contained in the Land Use and Community Character element of the General
Plan
3. The design, location, size, and operating characteristics of the proposed
activity would be compatible with the existing and future land uses in the
vicinity.
No expansion of the building is proposed. The proposal involves an existing
commercial space, which was previously analyzed for traffic impacts when it was
constructed.
4. The site is physically suitable for the type, density, and intensity of use
being proposed, including access, utilities, and the absence of physical
constraints.
The proposed alcohol sales would be incidental to the primary use of food sales
and because the restaurant exists on the site.
5. Granting the permit would not constitute a nuisance or be injurious or
detrimental to the public interest, health, safety, convenience, or welfare,
or materially injurious to persons, property, or improvements in the vicinity
and zone in which the property is located.
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Planning Commission
Meeting of November 7, 2022
Page 6
The proposed use will be subject to conditions that limit the sale of beer and wine
as well as the hours that it will be available. Beer and wine will only be available
with the sale of food. In addition, all staff members serving alcohol are required to
receive RBSS training.
6. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categori cally
exempt from environmental review pursuant to Class 1, Section 15301 (Existing
Facilities) for which a Notice of Exemption will be filed subsequent to approval of
this Conditional Use Permit. The reason for the exemption is that no expansion of
the building is proposed, the use would basically be the same as the current use
and the use is similar to other commercial uses in the area, which are permitted
in the MXD-2 zone.
The following two findings are also included with alcohol CUPs:
7. The proposed use is deemed essential and desirable to the public
convenience or necessity.
Alcohol sales will contribute to the viability of the restaurant, an allowed use in the
MXD-2 zone.
8. Based on findings 1 through 7 above, public convenience and necessity will
be served by a proposed use of the property for the on-site sales of alcoholic
beverages in accordance with applicable law and the recommended
conditions.
The use, as proposed and conditioned, will operate in harmony with surrounding
uses, will not cause a nuisance, and will benefit the community looking for a
quality dining experience.
Conditions of Approval
Standard Conditions of Approval have been included with this permit as well as
conditions specific to on-site alcohol sales per Council Policy 707 (hours of
operation, employee training, and accessory sales, etc.).
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Planning Commission
Meeting of November 7, 2022
Page 7
Summary
The proposed use is consistent with the General Plan due to alcohol sales for on-
site consumption being a conditionally-allowed use in the MXD-2 zone. The
proposed use would be incidental to the proposed restaurant use in a commercial
area. The addition of on-site beer and wine sales is not expected to increase the
demand for parking, other services on the property, or have any significant effects
on the area. Although the census tract in which the restaurant is located is over-
concentrated with regard to on-sale alcohol licenses, beer and wine will only be
available with the sale of food and the Police Department has ranked the
business in the Low Risk category.
Options
1. Approve 2022-29 CUP subject to the conditions listed within, or other conditions,
based on the attached findings, or findings to be determined by the Planning
Commission; or
2. Deny 2022-29 CUP based on findings to be determined by the Planning
Commission; or,
3. Continue the item to a specific date in order to obtain additional information.
Attachments
1. Recommended Findings
2. Recommended Conditions of Approval
3. Overhead
4. Applicant's Plans (Exhibit A, Case File No. 2022-29 CUP, dated 10/4/2022)
5. Public Hearing Notice (Sent to 358 property owners & occupants)
6. Census Tract & Police Beat Maps
7. Police Department Comments
8. Community Meeting Advertisement
9. Resolution
ADAN PACHECO ARMANDO VERGARA
Planning Technician Director of Community Development
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ATTACHMENT 3
RESOLUTION NO. 2022-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
APPROVING A CONDITIONAL USE PERMIT
FOR BEER AND WINE SA LES AT AN
EXISTING RESTAURANT (NIGERIA BREEZE RESTAURANT)
LOCATED AT 925 EAST PLAZA B OULEVARD SUITE 106
CASE FILE NO. 2022-29 CUP
APN: 556-590-63
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for beer and wine sales at a new restaurant (Nigeria Breeze
Restaurant) located at 925 East Plaza Boulevard Suite 106. At a duly advertised public
hearing held on November 7, 2022, at which time oral and documentary evidence was
presented; and,
WHEREAS, at said public hearing , the Planning Commission considered the staff
report contained in Case File No. 2022-29 CUP maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning
Commission at the public hearing held on November 7, 2022, support the following
findings:
1. The proposed use is allowable within the applicable zoning district pursuant to a
Conditional Use Permit and complies with all other applicable provisions of the
Land Use Code, because the use is permitted within the MX D -2 zone pursuant to a
CUP and the proposed use meets the required guidelines in the Land Use Code for
alcohol sales. As it is incidental to the proposed restaurant use in a commercial
area.
2. The proposed use is consistent with the General Plan and any applicable specific
plan, because alcohol sales are permitted, subject to a CUP, by the Land Use
Code, which is consistent with the General Plan. There is no Specific Plan in the
area. In addition, a restaurant use is consistent with the MXD -2 land use
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designation contained in the Land Use and Community Character element of the
General Plan.
3. The design, location, size, and operating characteristics of the proposed activity
would be compatible with the existing and future land uses in the vicinity, because
no expansion of the building is proposed. The proposal involves an existing
commercial space, which was previously analyzed for traffic impacts when it was
constructed.
4. The site is physically suitable for the type, density, and intensity of use being
proposed, including access, utilities, and the absence of physical constraints,
because the proposed alcohol sales would be incidental to the primary use of food
sales, and because the restaurant exists on the site.
5. Granting the permit would not constitute a nuisance or be injurious or detrimental to
the public interest, health, safety, convenience, or welfare, or materially injurious to
persons, property, or improvements in the vicinity and zone in which the property is
located, because the proposed use will be subject to conditions that limit the sale of
beer and wine as well as the hours that it will be available. Beer and wine will only
be available with the sale of food. In addition, all staff members serving alcohol are
required to receive Responsible Beverage Sales and Service (RBSS) training.
6. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically
exempt from environmental review pursuant to Class 1, Section 15301 (Existing
Facilities) for which a Notice of Exemption will be filed subsequent to approval of
this Conditional Use Permit. The reason for the exemption is that no expansion of
the building is proposed, the use would basically be the same as the current use
and the use is similar to other commercial uses in the are a, which are permitted in
the MXD -2 zone.
7. The proposed use is deemed essential and desirable to the public convenience or
necessity, because alcohol sales will contribute to the viability of the restaurant, an
allowed use in the MXD -2 zone.
8. Based on findings 1 through 7 above, public convenience and necessity will be
served by a proposed use of the property for the on-site sales of alcoholic
beverages in accordance with applicable law and the recommended conditions.
The use, as proposed and conditioned, will operate in harmony with surrounding
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uses, will not cause a nuisance, and will benefit the community looking for a quality
dining experience.
BE IT FURTHER RESOLVED that the application for a Conditional Use
Permit is approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes the sale of beer and wine for on-site
consumption at a proposed restaurant (Nigeria Breeze Restaurant) located at 925 East
Plaza Boulevard Sui te 106. Plans submitted for permits associated with this project
shall conform to Exhibit A, Case File No. 2022 -29 CUP, dated 10/04/2022.
2. Before this Conditional Use Permit shall become effective, the applicant and the
property owner shall both sign and have notarized an Acceptance Form, provided by
the Planning Division, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Form
within 30 days of its receipt shall automatically terminate the Conditional Use Permit.
The appli cant or owner shall also submit evidence to the satisfaction of the Planning
Division that a Notice of Restriction on Real Property is recorded with the County
Recorder. The applicant or owner shall pay necessary recording fees to the County.
The Notice of Restriction shall provide information that conditions imposed by approval
of the Conditional Use Permit are binding on all present or future interest holders or
estate holders of the property. The Notice of Restriction shall be approved as to form by
the City Attorney and signed by the Director of Community Development prior to
recordation.
3. This permit shall become null and void at such time as there is no longer a Type 41
California Department of Alcoholic Beverage Control license associated with the
property.
4. This permit shall become null and void if not exercised within one year after adoption of
the resolution of approval unless extended according to procedures specified in the
Municipal Code.
5. This permit shall expire if the use authorized by this res olution is discontinued for a
period of 12 months or longer. This permit may also be revoked, pursuant to provisions
of the Land Use Code, if discontinued for any lesser period of time.
6. This Conditional Use Permit may be revoked if the operator is found to be in violation
of any Conditions of Approval or applicable law.
Planning
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7. No alcohol sales are permitted until the applicant has been issued a Type 41 license
from the California Department of Alcoholic Beverage Control.
8. All sellers and servers of alcohol shall receive Responsible Beverage Service and
Sales (RBSS) training, including all owners, and managers. The RBSS training must be
certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion
of an approved RBSS program must be provided prior to issuance of a city business
license. As part of the RBSS training, the permittee shall make available a domestic
violence training session as provided by the Institute of Public Strategies.
9. The sale of alcoholic beverages shall only be pe rmitted between the hours of 10:00
a.m. and 9 p.m. Monday through Saturday.
10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City
business license, the business proprietor shall submit a statement clearly indicating
total alcoholic beverage sales and total food sales. Said statement shall be subject to
audit and verification by the Planning Manager or designee or other employees of the
City, who are authorized to examine, audit and inspect such books and records of the
license, as may be necessary in their judgment to verify that the sale of alcohol does not
exceed the sale of food. All information obtained by an investigation of records shall
remain confidential.
11. Alcohol shall be available only in conjunction with the purchase of food.
12. Permittee shall post signs at all exits to outdoor areas, indicating that alcoholic
beverages must be consumed inside the restaurant or patio area and may not be taken
off-premises.
13. No live entertainment shall be permitted without modification of this CUP .
14. The operator of the business shall maintain an active business license and ensure that
the business license is renewed annually.
Police
15. The permittee shall comply with all applicable law, including, but not limited to the
regulatory provisions of the Business and Professions Code that pertain to the sale,
serving, and consumption of alcoholic beverages.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith
to the applicant and to the City Council.
BE IT FINALLY RES OLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is
set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on
Page 252 of 369
the day of that City Council meeting. The City Council may, at that meeting, appeal the
decision of the Planning Commission and set the matter for public hearing.
Page 253 of 369
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of November 7, 2022, by the following vote:
AYES: Castle, Miller, Sanchez, Sendt, Valenzuela, and Yamane
NAYS: None
ABSENT: Natividad
ABSTAIN: None ________________________
CHAIRPERSON
Page 254 of 369
ATTACHMENT 4
Exhibit "A"
Case File No. 2022-29
Date: 10/04/22
Page 255 of 369
Page 256 of 369
Public Hearing
CONDITIONAL USE PERMIT FOR BEER
AND WINE SALES AT AN EXISTING
RESTAURANT (NIGERIA BREEZE) AT 925
E. PLAZA BLVD., SUITE 106
ATTACHMENT 5Page 257 of 369
Overhead
Page 258 of 369
Site Photo
Page 259 of 369
Site Characteristics
• PLAZA VILLAGE CENTER
• MXD-2 zone
•1.7-acres
• Subway, Taco Salsa, Ginza Sushi, Freeway Insurance
• EXISTING SUITE – EXISTING RESTAURANT (NIGERIA BREEZE)
• 1,760 ft² in size
• No outside seating
Page 260 of 369
Proposal
• APPLICANT REQUESTING BEER AND WINE SALES
• ABC Type 41
• Incidental to restaurant use
• Hours of operation are 10:00 a.m. to 9:00 p.m. M-Sa
• ALCOHOL SALES HOURS PROPOSED TO BE THE SAME
• NO LIVE ENTERTAINMENT IS PROPOSED
• 32 SEATS ALL LOCATED INDOORS
Page 261 of 369
Floor Plan
Page 262 of 369
Analysis
• REQUEST CONSISTENT WITH CODE REQUIREMENTS (ALCOHOL):
• Mailing – 660 feet owners/occupants (358)
• Community Meeting 9/23/22 @ 2-3 p.m. – 25 attendees
• Distance from schools (n/a)
• CENSUS TRACT 117
• National City Blvd east to ‘N’ Ave; E. 8
th south to E. 18th Streets
• TRACT CONSIDERED OVER-CONCENTRATED
• 15 on-sale licenses where 8 recommended
Page 263 of 369
Analysis (cont.)
• PD COMMENTS:
• Risk Assessment
• 11 points (low risk)
• IPS COMMENTS
• No comments
• RBSS training
Page 264 of 369
Conditions / Summary
• CONDITIONS OF APPROVAL
• Standard conditions specific to on-site alcohol sales (per Council Policy 707)
• Hours of operation, employee training, accessory sales
• PROPOSED USE CONSISTENT WITH GENERAL PLAN
• Alcohol sales conditionally-allowed use in MXD-2 zone
• Alcohol sales would be accessory to restaurant use in established commercial area
• Addition of beer and wine sales not expected to increase demand for parking, other services
on the property
• Census tract currently over-concentrated
• Beer and wine will only be available with the sale of food
Page 265 of 369
Options
• APPROVE CUP BASED ON ATTACHED FINDINGS / FINDINGS
DETERMINED BY THE COMMISSION; OR
• DENY CUP BASED ON ATTACHED FINDINGS / FINDINGS DETERMINED
BY THE COMMISSION; OR
• CONTINUE THE ITEM FOR ADDITIONAL INFORMATION
• STAFF RECOMMENDING APPROVAL
• NOTICE OF DECISION TO CITY COUNCIL
Page 266 of 369
Floor Plan
Page 267 of 369
AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, AICP, Planning Manager
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Notice of Decision – Planning Commission approval - Conditional use permit for off-sale beer and
wine (ABC license Type 20) at an existing convenience store (Real Star Market) located at 925
East Plaza Boulevard, Suite 103.
RECOMMENDATION:
Staff concurs with the decision of the Planning Commission and recommends that the Notice of
Decision be filed. (Case File No.: 2022-30 CUP) (Community Development – Planning)
BOARD/COMMISSION PRIOR ACTION:
The Planning Commission recommended approval of the Conditional Use Permit by unanimous
vote of those present. Commissioner Natividad was absent.
EXPLANATION:
The applicant is proposing to sell beer and wine for off-site consumption with an alcohol display
area of 8.5 linear feet at an existing convenience store. The store currently sells a variety of
grocery products and goods such as candies, drinks, snacks, and cold beverages.
The Planning Commission conducted a public hearing on November 7, 2022 and voted to
recommend approval of the request based on the attached findings and recommended Conditions
of Approval. The attached Planning Commission staff report describes the proposal in detail.
FINANCIAL STATEMENT:
Not applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities CCR 15301.
This project qualifies for a Notice of Exemption. CCR 15374.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
EXHIBITS:
1. Overhead
2. 2022-30 CUP Staff Report
3. PC Resolution 2022-24
4. Exhibit A to the PC Report – Plans
5. PowerPoint Slides from PC meeting
Page 268 of 369
ATTACHMENT 1
2022-30 CUP – 925 E. Plaza Blvd., Ste. 103 – Overhead
N
Page 269 of 369
ATTACHMENT 2
Item no. 5
November 7, 2022
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title: CONDITIONAL USE PERMIT FOR OFF-SALE BEER AND
WINE (ABC TYPE 20) AT AN EXISTING CONVENIENCE
STORE (REAL STAR MARKET) LOCATED AT 925 EAST
PLAZA BOULEVARD SUITE 103
Case File No.: 2022-30 CUP
Location: 925 East Plaza Boulevard- Plaza Village Center
Assessor’s Parcel Nos.: 556-590-63
Staff report by: Adan Pacheco – Planning Technician
Applicant: Maria Onisemo
Zoning designation: MXD-2 (Major Mixed-Use District)
Adjacent use and zoning:
North: Single-family residences / MXD-2
East: AT&T retail outlet / MXD-2 (Major Mixed-use District)
South: South Bay Plaza / MXD-2
West: AutoZone / MXD-2
Environmental review: The proposed project has been reviewed in compliance with
the California Environmental Quality Act (CEQA) and has
been determined to be categorically exempt from
environmental review pursuant to Class 1, Section 15301
(Existing Facilities) for which a Notice of Exemption will be
filed subsequent to approval of this Conditional Use Permit.
Staff recommendation: Approve with conditions
Page 270 of 369
Planning Commission
Meeting of November 7, 2022
Page 2
Staff Recommendation
Staff recommends approval of the request for off-sale of beer and wine, subject to
the attached recommended conditions. The sale of alcohol is a conditionally-
allowed use in MXD-2 and would contribute to the diversity of commercial offerings
in the area.
Executive Summary
The applicant is proposing to sell beer and wine for off-site consumption (ABC
Type 20) in an existing 1,276 square-foot convenience store. The business (Real
Star Market) proposes a display area of 8.5 linear feet, which is less than 1% of
the total sales area. Proposed operation hours are 9:00 am to 9:00 pm daily.
Site Characteristics
The project location is an existing 1,276 square -foot commercial suite in the
Plaza Village Center on the north side of east Plaza Boulevard, between
Highland Avenue and ‘L’ Avenue. The market currently exists wi thin the suite,
which was most recently occupied by a hair salon. No interior improvements are
proposed with this project. The shopping center is served by an existing parking
area.
The Plaza Village Center is mostly occupied by commercial businesses. The
market is on the northwest corner of the shopping center and faces the parking
lot. Single-family homes border the site to the north and are separated by a
retaining wall. Taco Salsa restaurant and Subway restaurant are located next to
Real Star Market.
Proposed Use
The applicant proposes to sell beer and wine for off-site consumption with an
alcohol display area of 8.5 linear feet. The applicant currently sells a variety of
grocery products and goods such as, candies, drinks, snacks, and cold
beverages. The market employs one person.
Analysis
Section 18.30.050 of the Land Use Code allows for off-site alcohol sales with an
approved Conditional Use Permit (CUP). Additional requirements for alcohol
CUPs include expanded notification, a community meeting, and distance
requirements. There are also specific conditions required as part of City Council
Policy 707, which regulates alcohol licenses.
Page 271 of 369
Planning Commission
Meeting of November 7, 2022
Page 3
Mailing – All property owners and occupants within a dista nce of 660 feet are
required to be notified of a public hearing for alcohol-related CUP applications.
Notice of this public hearing was sent to 358 occupants and owners.
Community Meeting - Pursuant to Section 18.30.050(C) of the National City
Zoning Code, a community meeting was held Friday, September 23, 2022 from
2:00 p.m. to 3:00 p.m. at the subject property. The meeting advertisement is
attached (Attachment 8); There were twenty-five community members in
attendance. The applicant stated that the same owners and occupants who were
notified of the planning commission meeting were also notified of the community
meeting. The applicant also stated that no guests expre ssed any concerns about
the sale of alcohol at the existing convenience store.
Distance Requirements
Businesses that sell alcohol must adhere to ce rtain distance requirements set
forth in Chapter 18.030.050(D). There are no minimum distance requirements for
grocery stores, convenience stores, or other retail establishments that sell
alcohol for consumption as an accessory use. The existing market is primarily a
convenience store as more than 75% of sales come from snacks, beverages,
and other items.
Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control (ABC), there are
currently 9 off-sale licenses in this census tract (117) where a maximum of four is
recommended, meaning that the census tract is considered by ABC to be over -
saturated with regard to alcohol sales outlets. In addition, another recent CUP for
off-sale alcohol (ABC Type 20) was approved for the 99 Cent Store at 1320
Highland Avenue.
Name Address License Type* CUP
Tahona Mercado 802 B Avenue 21 Y
Seafood City Supermarket 1420 E. Plaza Blvd. Suite C 21 Y
Big Ben Market 108 E. 8th St. 21 Y
Walmart Supercenter 1200 Highland Ave. 20 Y
Smart & Final Extra! 1220 E. Plaza Blvd. Suite 510 21 Y
CVS Pharmacy 1201 E. Plaza Blvd. 21 Y
7 Eleven 1539 Highland Ave. 20 Y
Wilson’s Liquor 916 E. 8th St. 21 Y
Page 272 of 369
Planning Commission
Meeting of November 7, 2022
Page 4
Bottles & More Liquor 1535 E. 18th St. 21 -
* Type 20 - Off-Sale of Beer and Wine.
* Type 21 - Off-Sale of Beer, Wine, and Distilled Spirits.
Census tract 117 includes the area between National City Boulevard and “N”
Avenue, and between East 8th Street and East 18th Street. The attached census
tract map shows the location of the subject tract (Atta chment 6).
Many of the issues related to off-sale licenses sales are related to the availability of
smaller quantities and cheaper products, most of which are related to businesses
not subject to CUPs due to legal nonconforming status. However, businesses with
CUPs are limited to the quantity and size of beer bottles (e.g., no sale of single
cans or bottles) and the size of wine bottles and their alcoholic content (e.g.,
containers less than 750 milliliters nor greater than 15% content by volume).
Police Department (PD)
The Police Department provided a Risk Assessment report, which assigns points
based on the type of business, license concentration, and calls for service
(among others) and ranks the business according to potential risk (low, medium,
or high). In this case, Real Star Market received a score of 12, which would
indicate a low risk. Low risk is considered 12 points or less.
Institute for Public Strategies (IPS)
No comments were received from IPS as of the writing of this report, although
they usually recommend at least the need for Responsible Beverage Sales and
Service (RBSS) training for all staff. This is a standard condition of approval and
is included with this report.
Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:
1. The proposed use is allowable within the applicable zoning district
pursuant to a Conditional Use Permit and complies with all other
applicable provisions of the Land Use Code.
The use is allowable within MXD-2 pursuant to a CUP and the proposed use
meets the required guidelines in the Land Use Code for alcohol sales, including
distance from sensitive uses and operating requirements .
Page 273 of 369
Planning Commission
Meeting of November 7, 2022
Page 5
2. The proposed use is consistent with the General Plan and any applicable
specific plan.
Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is
consistent with the General Plan. No specific plan exists for the area.
3. The design, location, size, and operating characteristics of the proposed
activity would be compatible with the existing and future land uses in the
vicinity.
No expansion of the building is proposed. The proposal involves an existing
commercial building, which was previously analyzed for traffic impacts when the
building was constructed.
4. The site is physically suitable for the type, density, and intensity of use
being proposed, including access, utilities, and the absence of physical
constraints.
The proposed alcohol sales outlet would be consistent with other commercial
businesses in the area accessory to the existing grocery and retail business.
5. Granting the permit would not constitute a nuisance or be injurious or
detrimental to the public interest, health, safety, convenience, or welfare,
or materially injurious to persons, property, or improvements in the vicinity
and zone in which the property is located.
The proposed use would be subject to conditions that limit the hours and manner in
which alcohol is sold, including operating hours, employee training, and type and
quantity of products sold.
6. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically
exempt from environmental review pursuant to Class 1, Section 15301 (Existing
Facilities) for which a Notice of Exemption will be filed subsequent to approval of
this Conditional Use Permit. The reason for the exemption is that no expansion of
Page 274 of 369
Planning Commission
Meeting of November 7, 2022
Page 6
the building is proposed and the use would be the same as the current use and is
similar to other commercial uses in the area, which are permitted by right in the
MXD-2 zone ad there is no potential for a significant environmental impact.
The following two findings are also included with alcohol CUPs:
7. The proposed use is deemed essential and desirable to the public
convenience or necessity.
In this case, the sale of beer and wine will contribute to the diversity of local
commercial offerings in the area, an allowed use in the MXD-2 zone and is in the
Low Risk category based on PD’s ABC Risk Assessment.
8. Based on findings 1 through 7 above, public convenience and necessity will
be served by a proposed use of the property for the on-site sales of alcoholic
beverages in accordance with applicable law and the recommended
conditions.
The use, as proposed and conditioned, will operate in harmony with surrounding
uses, will not cause a nuisance, and will benefit the existing business customer
base by increasing the type of products for sale.
Findings for Denial
If the Planning Commission were to make the following three findings, a denial
would be supported as follows:
1. If the proposed use is not essential nor desirable to the public
convenience and welfare, because there are other off-sale alcohol license
outlets within half-mile of the site.
2. Granting the permit would constitute a nuisance or be injurious or
detrimental to the public interest, health, safety, convenience, or welfare,
or materially injurious to persons, property, or improvements in the vicinity
and zone in which the property is located, because the census tract in
which the subject property is located is currently over-concentrated with
regard to off-sale alcohol outlets because eight off-sale outlets are
permitted where four are recommended by the California Department of
Alcoholic Beverage Control.
Page 275 of 369
Planning Commission
Meeting of November 7, 2022
Page 7
3. Based on findings 1 and 2 above, public convenience and necessity will
not be served by an additional off -sale beer and wine alcohol license in
the proposed location.
Conditions of Approval
Recommended Conditions of Approval include those specific to off-site alcohol
sales per Council Policy 707 (alcohol container volume, size, and number; RBSS
training, hours, accessory sales, etc.).
Summary
The proposed use is consistent with the General Plan due to alcohol sales for off-
site consumption being a conditionally-allowed use in MXD-2. Beer and wine
sales at a convenience store would contribute to the diversity of the commercial
offerings on East Plaza Boulevard. Conditions requiring compliance with City
Council Policy 707 are intended to alleviate concerns related to area impacts
should the CUP be approved. The decision of the Planning Commission will be
relayed to the City Council.
Options
1. Approve 2022-30 CUP subject to the conditions listed within, or other conditions
based on the attached findings, or findings to be determined by the Planning
Commission; or
2. Deny 2022-30 CUP based on findings to be determined by the Planning
Commission; or,
3. Continue the item to a specific date in order to obtain additional information.
Attachments
1. Recommended Findings
2. Recommended Conditions of Approval
3. Overhead
4. Applicant's Plans (Exhibit A, Case File No. 2022-30 CUP, dated 10/04/2022)
5. Public Hearing Notice (Sent to 358 property owners & occupants)
6. Census Tract & Police Beat Maps
7. Police Department Risk Assessment
8. Community Meeting Advertisement
9. Resolution
Page 276 of 369
Planning Commission
Meeting of November 7, 2022
Page 8
ADAN PACHECO ARMANDO VERGARA
Planning Technician Director of Community Development
Page 277 of 369
ATTACHMENT 3
RESOLUTION NO. 2022-24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
APPROVING A CONDITIONAL USE PERMIT FOR
OFF-SALE BEER AND WINE (TYPE 20)
AT AN EXISTING CONVENIENCE STORE (REAL STAR MARKET)
TO BE LOCATED AT 925 EAST PLAZA BOULEVARD SUITE 103
CASE FILE NO. 2022-30 CUP
APN: 556-590-63
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for beer and wine sales (Type 20) at an existing convenience
store (Real Star Market) located at 925 East Plaza Boulevard Suite 103, at a duly
advertised public hearing held on November 7, 2022, at which time oral and
documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff
report contained in Case File No. 2022-30 CUP maintained by the City and
incorporated herein by reference along with evidence and testimony at said hearing;
and,
WHEREAS, the testimony and evidence presented to the Planning Commission
at the public hearing held on November 7, 2022, support the findings herein, and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of National City, California, that hereby finds as follows:
1. The proposed use is allowable within the applicable zoning district pursuant to a
Conditional Use Permit and complies with all other applicable provisions of the Land
Use Code, because the use is allowable within MXD-2 pursuant to a CUP and the
proposed use meets the required guidelines in the La nd Use Code for alcohol sales.
Including distance from sensitive areas and operating requirements.
2. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is
consistent with the General Plan. No specific plan exists for the area.
3. The design, location, size, and operating characteristics of the proposed activity
would be compatible with the existing and future land uses in the vicinity, because
Page 278 of 369
no expansion of the building is proposed. The proposal involves an existing
commercial building, which was previously analyzed for traffic impacts when the
building was constructed.
4. The site is physically suitable for the type, density, and intensity of use being
proposed, including access, utilities, and the absence of physical constraints,
because the proposed alcohol sales outlet would be consistent with other commercial
businesses in the area accessory to the existing grocery and retail business.
5. Granting the permit would not constitute a nuisance or be injurious or detrimental to
the public interest, health, safety, convenience, or welfare, or materially injurious to
persons, property, or improvements in the vicinity and zone in which the property is
located, the proposed use is subject to conditions below that limit the hours and
manner in which alcohol is sold.
6. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically
exempt from environmental review pursuant to Class 1, Section 15301 (Existing
Facilities) for which a Notice of Exemption will be filed subsequent to approval of this
Conditional Use Permit. The reason for the exemption is that no expansion of the
building is proposed and use would basically be the same as the current use and is
similar to other commercial uses in the area, which are permitted by right in the
MXD-2 zone and there is no potential for a significant environmental impact .
7. The proposed use is essential and desirable to the public convenience or necessity,
because the sale of distilled spirits sales will contribute to the diversity of local
commercial offerings in the area, an allowed use in the MXD-2 zone and is in the Low
Risk category based on PD’s ABC Risk Assessment.
8. Based on findings 1 through 7 above, public convenience and necessity will be served
by a proposed use of the property for the on-site sales of alcoholic beverages in
accordance with the applicable law and the recommended conditions. Because the
proposed and conditioned use will not be a nuisance, will help the already existing
business by expanding the variety of products for sale.
BE IT FURTHER RESOLVED that the application for a Conditional Use
Permit is approved subject to the following conditions:
General
Page 279 of 369
1. This Conditional Use Permit authorizes the sale of beer and wine for off-site
consumption at an existing convenience store (Real Star Market) located at 925 East
Plaza Boulevard Suite 103. Plans submitted for permits associated with this project
shall conform to Exhibit A, Case File No. 2022-30 CUP, dated 10/04/2022.
2. Before this Conditional Use Permit shall become effective, the applicant and the
property owner shall both sign and have notarized an Acceptance Form, provided by
the Planning Division, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Form
within 30 days of its receipt shall automatically terminate the Conditional Use Permit.
The applicant or owner shall also submit evidence to the satisfaction of the Planning
Division that a Notice of Restriction on Real Property is recorded with the County
Recorder. The applicant or owner shall pay necessary recording fees to the County.
The Notice of Restriction shall provide information that conditions imposed by
approval of the Conditional Use Permit are binding on all present or future interest
holders or estate holders of the property. The Notice of Restriction shall be approved
as to form by the City Attorney and signed by the Director of Community Development
prior to recordation.
3. This permit shall become null and void if not exercised within one year after adoption
of the resolution of approval unless extended according to procedures specified in the
Municipal Code.
4. This permit shall expire if the use authorized by this resolution is discontinued for a
period of 12 months or longer. This permit may also be revoked, pursuant to
provisions of the Land Use Code, if discontinued for any lesser period of time.
5. This Conditional Use Permit may be revoked if the operator is found to be in violation
of any Conditions of Approval or applicable law.
Planning
6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 am to
9:00 pm daily.
7. No display of alcohol within 20 feet of the exit is permitted.
8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40
ounce, or similar size containers is prohibited.
9. No beer products shall be sold of less than manufacturer’s pre-packaged three-pack
quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.
10. Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with
an alcoholic content greater than 15% by volume is prohibited.
11. Flavored malt beverages, also known as premium malt beverages and flavored malt
coolers, and sometimes commonly referred to as wine coolers, may be sold only by
four-pack or other manufacturer’s pre-packaged multi-unit quantities.
Page 280 of 369
12. The consumption of alcoholic beverages is prohibited on the subject premises, and on
all parking lots and outbuildings and any property or adjacent property under the
control of the Permittee.
13. All cups and containers shall be sold at or above prevailing prices and in their original
multi-container packages of no fewer than 12, and no cups and containers shall be
given free of charge.
14. Ice may be sold only at or about prevailing prices in the area and in quantities of not
less than three pounds per sale. Ice shall not be provided free of charge.
15. The display of alcoholic beverages shall be limited to an area in substantial
conformance with Exhibit A, Case File No. 2022-30 CUP, dated 10/04/2022.
16. The Permittee shall post signs in compliance with the requirements an d
specifications of subsection B of section 10.30.070 on each exterior wall of the
licensed premises that faces a vehicle parking lot, to read as follows:
“WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic
beverage container in public or in a public parking lot.
NCMC 10.30.050 and 10.30.060.”
17. Containers of alcoholic beverages may not be stored on the premises, after being
sold to patrons, for the purpose of later consumption.
18. Exterior advertising and signs of all types, promoting or indicating the availability of
alcoholic beverages, including advertising/signs directed to the exterior from within,
are prohibited. Interior displays of alcoholic beverages and signs, which are clearly
visible to the exterior, shall constitute a violation of this condition.
19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
all other commodities during the same period. The applicant shall at all times keep
records which reflect separately the gross sales of alcoholic beverages and the
gross sales of all other items. Said records shall be kept no less frequently than on a
quarterly basis and shall be made available to the City Finance Department and any
Peace Officer of the California Department of Alcoholic Be verage Control upon
demand.
20. Every employee of the Permittee, including ownership and management, shall
receive Responsible Beverage Service and Sales (RBSS) training, including all
owners, and managers. The RBSS training must be certified by the Department of
Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS
program must be provided prior to commencing alcohol sales. As part of the RBSS
training, the Permittee shall make available a domestic violence training session as
provided by the Institute of Public Strategies.
21. The operator of the business shall maintain an active business license and ensure
that the business license is renewed annually.
Page 281 of 369
Police
22. Permittee shall comply with all applicable law, including, but not limited to all
regulatory provisions of the Business and Professions Code that pertain to the sale,
display and marketing or merchandising of alcoholic beverages.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final
on the day following the City Council meeting where the Planning Commission
resolution is set for review, unless an appeal in writing is filed with the City Clerk prio r to
5:00 p.m. on the day of that City Council meeting. The City Council may, at that
meeting, appeal the decision of the Planning Commission and set the matter for public
hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Plan ning Commission at their
meeting of November 7, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
________________________
CHAIRPERSON
Page 282 of 369
RESOLUTION NO. 2022-24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
DENYING A CONDITIONAL USE PERMIT FOR
OFF-SALE BEER AND WINE (TYPE 20)
AT AN EXISTING CONVENIENCE STORE (REAL STAR MARKET)
TO BE LOCATED AT 925 EAST PLAZA BOULEVARD SUITE 103
CASE FILE NO. 2022-30 CUP
APN: 556-590-63
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for beer and wine sales (Type 20) at an existing convenience
store (Real Star Market) located at 925 East Plaza Boulevard Suite 103, at a duly
advertised public hearing held on November 7, 2022, at which time oral and
documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff
report contained in Case File No. 2022-30 CUP maintained by the City and
incorporated herein by reference along with evidence and testimony at said hearing;
and,
WHEREAS, the testimony and evidence presented to the Planning Commission
at the public hearing held on November 7, 2022, support the findings herein, and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of National City, California, that hereby finds as follows:
1. If the proposed use is not essential nor desirable to the public convenience and
welfare, because there are other off -sale alcohol license outlets within half-mile
of the site.
2. Granting the permit would constitute a nuisance or be injurious or detrimental to
the public interest, health, safety, convenience, or welfare, or materially injurious
to persons, property, or improvements in the vicinity and zone in which the
property is located, because the census tract in which the subject property is
located is currently over-concentrated with regard to off-sale alcohol outlets
because eight off-sale outlets are permitted where four are recommended by the
California Department of Alcoholic Beverage Control.
Page 283 of 369
3. Based on findings 1 and 2 above, public convenience and necessity will not be
served by an additional off -sale beer and wine alcohol license in the proposed
location.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall b ecome effective and final
on the day following the City Council meeting where the Planning Commission
resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to
5:00 p.m. on the day of that City Council meeting. The Cit y Council may, at that
meeting, appeal the decision of the Planning Commission and set the matter for public
hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of November 7, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
________________________
CHAIRPERSON
Page 284 of 369
REAL STAR MARKET
925 E PLAZA BLVD STE 103
NATIONAL CITY, CA 91950
c�o·-o"
:Jt?--O]z._Q'''----------' ------
EAST PLAZA BOULEVARD
SITE PLAN
925 E PLAZA BLVD STE 103, NATIONAL CITY, CA 91950
APN: 556-590-63-00
E 9TH STREET
mm
IJlID IIlID
PROJECT MANAGER/SITE PLAN DESIGNER:
@ 2022 by STRATEGIC ACCESS
(858)876-7325 permits@strategicaccess.org
Exhibit "A"
Case File No. 2022-30
Date: 10/04/22
ATTACHMENT 4Page 285 of 369
BEER AND WINE SALES DISPLAYS:
REFRIGERATOR
GONDOLA SHELVES
4FT
10 FT
48 FT
9 FT
25 FT
22 FT
6FT
4 FT
2 FT
14 FT
7 FT 7 FT 8 FT
24 FT
Page 286 of 369
Public Hearing
CONDITIONAL USE PERMIT FOR
OFF-SALE BEER AND WINE AT AN
EXISTING CONVENIENCE STORE
(REAL STAR MARKET) AT
925 E. PLAZA BLVD., SUITE 106
ATTACHMENT 5Page 287 of 369
Overhead
Page 288 of 369
Site Photo
Page 289 of 369
Site Characteristics
• PLAZA VILLAGE CENTER
• MXD-2 zone
•1.7-acres
• Subway, Taco Salsa, Ginza Sushi, Freeway Insurance
• EXISTING SUITE – EXISTING RESTAURANT (NIGERIA BREEZE)
• 1,276 ft² in size
Page 290 of 369
Proposal
• APPLICANT PROPOSES TO SELL BEER AND WINE WITH AN ALCOHOL
DISPLAY AREA OF 8-1/2 LINEAR FEET
• Type 20 ABC license
• REAL STAR MARKET PRIMARILY SELLS GROCERY ITEMS
• Hours of operation are 9:00 a.m. to 9:00 p.m. daily
• SINGLE SALES OR SMALL WINE BOTTLES WILL NOT BE PERMITTED IN
CONFORMANCE WITH CITY COUNCIL POLICY 707
Page 291 of 369
Floor Plan
Page 292 of 369
Analysis
• NCMC 18.30.050 ALLOWS FOR OFF-SITE ALCOHOL SALES WITH
APPROVED CUP
• Additional requirements for alcohol CUPs:
• Mailing – Owners/occupants within 660 ft. (358)
• Community Meeting – 9/23/22 @ 2-3 p.m. – 25 attendees
• Distance Requirements – not applicable for grocery stores with greater than 75% sales of non-alcohol items
• CITY COUNCIL POLICY 707
• Standard conditions
Page 293 of 369
Analysis (cont.)
• CENSUS TRACT 117
• National City Blvd east to ‘N’ Ave; E. 8
th south to E. 18th Streets
• TRACT CONSIDERED OVER-CONCENTRATED
• 9 off-sale licenses where 4 recommended
• ISSUES CONCERNING ALCOHOL SALES RELATED TO SMALLER QUANTITIES /
CHEAPER PRODUCTS
• Usually contained to non-CUP businesses
• BUSINESSES WITH CUPS HAVE LIMITATIONS ON SIZE, TYPE
• No airplane bottles or pints
• No malt liquor in certain sizes (e.g. 22s, 40s)
• These products not part of proposed sales inventory
Page 294 of 369
Analysis (cont.)
• PD COMMENTS:
• Risk Assessment
• 12 points (low risk)
• IPS COMMENTS
• No comments
• RBSS training
Page 295 of 369
Conditions / Summary
• CONDITIONS OF APPROVAL INCLUDE THOSE SPECIFIC TO OFF-SITE
ALCOHOL SALES PER COUNCIL POLICY 707 (ALCOHOL CONTAINER
VOLUME, SIZE, AND NUMBER; RBSS TRAINING, HOURS, ACCESSORY
SALES, ETC.).
• PROPOSED USE CONSISTENT WITH GENERAL PLAN
• Alcohol sales conditionally-allowed use in MXD-2
• Would contribute to diversity of items for sale for customers
• SMALL DISPLAY AREA
• Less than 1% of products sold
Page 296 of 369
Options
• APPROVE CUP BASED ON ATTACHED FINDINGS / FINDINGS
DETERMINED BY THE COMMISSION; OR
• DENY CUP BASED ON ATTACHED FINDINGS / FINDINGS DETERMINED
BY THE COMMISSION; OR
• CONTINUE THE ITEM FOR ADDITIONAL INFORMATION
• STAFF RECOMMENDING APPROVAL
• NOTICE OF DECISION TO CITY COUNCIL
Page 297 of 369
Floor Plan
Page 298 of 369
AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Warrant Register #14 for the period of 9/30/22 through 10/6/22 in the amount of $2,717,627.01
RECOMMENDATION:
Ratify Warrants Totaling $2,717,627.01
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for period 9/30/22 –
10/6/22. Consistent with Department of Finance’s practice, listed below are all payments above
$50,000.
Vendor Check/Wire Amount Explanation
Devaney Pate Morris 360206 62,264.72 Legal Services
SDG&E 360233 112,555.66 Gas & Electric for Facilities for FY23
Adminsure Inc 947649 65,639.79 Worker’s Comp Replenishment – September
FINANCIAL STATEMENT:
Warrant total $2,717,627.01
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
EXHIBIT:
Warrant Register No. 14
Page 299 of 369
PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - OCT 2022 360077 10/3/2022 110.00
BEARD RETIREE HEALTH BENEFITS - OCT 2022 360078 10/3/2022 70.00
BECK RETIREE HEALTH BENEFITS - OCT 2022 360079 10/3/2022 140.00
BEVERIDGE RETIREE HEALTH BENEFITS - OCT 2022 360080 10/3/2022 640.00
BISHOP RETIREE HEALTH BENEFITS - OCT 2022 360081 10/3/2022 110.00
BOEGLER RETIREE HEALTH BENEFITS - OCT 2022 360082 10/3/2022 260.00
BULL RETIREE HEALTH BENEFITS - OCT 2022 360083 10/3/2022 580.00
CAMEON RETIREE HEALTH BENEFITS - OCT 2022 360084 10/3/2022 400.00
CANEDO RETIREE HEALTH BENEFITS - OCT 2022 360085 10/3/2022 620.00
CARRILLO RETIREE HEALTH BENEFITS - OCT 2022 360086 10/3/2022 290.00
CASTELLANOS RETIREE HEALTH BENEFITS - OCT 2022 360087 10/3/2022 500.00
COLE RETIREE HEALTH BENEFITS - OCT 2022 360088 10/3/2022 165.00
COLLINSON RETIREE HEALTH BENEFITS - OCT 2022 360089 10/3/2022 420.00
CONDON RETIREE HEALTH BENEFITS - OCT 2022 360090 10/3/2022 280.00
CORDERO RETIREE HEALTH BENEFITS - OCT 2022 360091 10/3/2022 520.00
DALLA RETIREE HEALTH BENEFITS - OCT 2022 360092 10/3/2022 900.00
DANESHFAR RETIREE HEALTH BENEFITS - OCT 2022 360093 10/3/2022 250.00
DEESE RETIREE HEALTH BENEFITS - OCT 2022 360094 10/3/2022 660.00
DESROCHERS RETIREE HEALTH BENEFITS - OCT 2022 360095 10/3/2022 110.00
DIAZ RETIREE HEALTH BENEFITS - OCT 2022 360096 10/3/2022 680.00
DILLARD RETIREE HEALTH BENEFITS - OCT 2022 360097 10/3/2022 480.00
DREDGE RETIREE HEALTH BENEFITS - OCT 2022 360098 10/3/2022 250.00
DUONG RETIREE HEALTH BENEFITS - OCT 2022 360099 10/3/2022 280.00
EISER III RETIREE HEALTH BENEFITS - OCT 2022 360100 10/3/2022 250.00
ESPIRITU RETIREE HEALTH BENEFITS - OCT 2022 360101 10/3/2022 620.00
ETZLER RETIREE HEALTH BENEFITS - OCT 2022 360102 10/3/2022 460.00
FABINSKI RETIREE HEALTH BENEFITS - OCT 2022 360103 10/3/2022 220.00
FERNANDEZ RETIREE HEALTH BENEFITS - OCT 2022 360104 10/3/2022 270.00
FIFIELD RETIREE HEALTH BENEFITS - OCT 2022 360105 10/3/2022 540.00
GAUT RETIREE HEALTH BENEFITS - OCT 2022 360106 10/3/2022 700.00
GELSKEY RETIREE HEALTH BENEFITS - OCT 2022 360107 10/3/2022 115.00
GIBBS JR RETIREE HEALTH BENEFITS - OCT 2022 360108 10/3/2022 120.00
GONZALES RETIREE HEALTH BENEFITS - OCT 2022 360109 10/3/2022 480.00
HARLAN RETIREE HEALTH BENEFITS - OCT 2022 360110 10/3/2022 500.00
HERNANDEZ RETIREE HEALTH BENEFITS - OCT 2022 360111 10/3/2022 500.00
HERNANDEZ RETIREE HEALTH BENEFITS - OCT 2022 360112 10/3/2022 400.00
HODGES RETIREE HEALTH BENEFITS - OCT 2022 360113 10/3/2022 200.00
IBARRA RETIREE HEALTH BENEFITS - OCT 2022 360114 10/3/2022 780.00
JONES RETIREE HEALTH BENEFITS - OCT 2022 360115 10/3/2022 60.00
JONES RETIREE HEALTH BENEFITS - OCT 2022 360116 10/3/2022 480.00
JUNIEL RETIREE HEALTH BENEFITS - OCT 2022 360117 10/3/2022 50.00
KIMBLE RETIREE HEALTH BENEFITS - OCT 2022 360118 10/3/2022 300.00
KLOS RETIREE HEALTH BENEFITS - OCT 2022 360119 10/3/2022 480.00
LAFRENIERE RETIREE HEALTH BENEFITS - OCT 2022 360120 10/3/2022 660.00
LIMFUECO RETIREE HEALTH BENEFITS - OCT 2022 360121 10/3/2022 160.00
MATIENZO RETIREE HEALTH BENEFITS - OCT 2022 360122 10/3/2022 100.00
MCCABE RETIREE HEALTH BENEFITS - OCT 2022 360123 10/3/2022 280.00
MCDANIEL RETIREE HEALTH BENEFITS - OCT 2022 360124 10/3/2022 290.00
WARRANT REGISTER # 14
10/6/2022
1/4Page 300 of 369
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 14
10/6/2022
MEEKS RETIREE HEALTH BENEFITS - OCT 2022 360125 10/3/2022 460.00
MENDOZA RETIREE HEALTH BENEFITS - OCT 2022 360126 10/3/2022 290.00
MINER RETIREE HEALTH BENEFITS - OCT 2022 360127 10/3/2022 580.00
MORRISON RETIREE HEALTH BENEFITS - OCT 2022 360128 10/3/2022 520.00
MUNOZ RETIREE HEALTH BENEFITS - OCT 2022 360129 10/3/2022 640.00
NAGLE RETIREE HEALTH BENEFITS - OCT 2022 360130 10/3/2022 460.00
NOTEWARE RETIREE HEALTH BENEFITS - OCT 2022 360131 10/3/2022 120.00
OLIVERIA RETIREE HEALTH BENEFITS - OCT 2022 360132 10/3/2022 360.00
PAUU JR RETIREE HEALTH BENEFITS - OCT 2022 360133 10/3/2022 340.00
PE RETIREE HEALTH BENEFITS - OCT 2022 360134 10/3/2022 300.00
PEASE JR RETIREE HEALTH BENEFITS - OCT 2022 360135 10/3/2022 140.00
POST RETIREE HEALTH BENEFITS - OCT 2022 360136 10/3/2022 280.00
RAY RETIREE HEALTH BENEFITS - OCT 2022 360137 10/3/2022 190.00
ROARK RETIREE HEALTH BENEFITS - OCT 2022 360138 10/3/2022 135.00
RODRIGUEZ RETIREE HEALTH BENEFITS - OCT 2022 360139 10/3/2022 260.00
RUIZ RETIREE HEALTH BENEFITS - OCT 2022 360140 10/3/2022 310.00
SAINZ RETIREE HEALTH BENEFITS - OCT 2022 360141 10/3/2022 300.00
SANCHEZ RETIREE HEALTH BENEFITS - OCT 2022 360142 10/3/2022 330.00
SERVATIUS RETIREE HEALTH BENEFITS - OCT 2022 360143 10/3/2022 340.00
SHOEMAKER RETIREE HEALTH BENEFITS - OCT 2022 360144 10/3/2022 480.00
SILVA RETIREE HEALTH BENEFITS - OCT 2022 360145 10/3/2022 580.00
SMITH RETIREE HEALTH BENEFITS - OCT 2022 360146 10/3/2022 320.00
SMITH RETIREE HEALTH BENEFITS - OCT 2022 360147 10/3/2022 560.00
STEWART RETIREE HEALTH BENEFITS - OCT 2022 360148 10/3/2022 200.00
TIPTON RETIREE HEALTH BENEFITS - OCT 2022 360149 10/3/2022 250.00
UNGAB RETIREE HEALTH BENEFITS - OCT 2022 360150 10/3/2022 600.00
VERRY RETIREE HEALTH BENEFITS - OCT 2022 360151 10/3/2022 280.00
VILLAGOMEZ RETIREE HEALTH BENEFITS - OCT 2022 360152 10/3/2022 480.00
VILLARIASA RETIREE HEALTH BENEFITS - OCT 2022 360153 10/3/2022 480.00
WHITE RETIREE HEALTH BENEFITS - OCT 2022 360154 10/3/2022 230.00
WILKINS RETIREE HEALTH BENEFITS - OCT 2022 360155 10/3/2022 520.00
YBARRA RETIREE HEALTH BENEFITS - OCT 2022 360156 10/3/2022 220.00
RETIREE BENEFITS 29,285.00
ACE UNIFORMS & ACCESSORIES INC SPORTELLI SWAT GEAR 360157 10/5/2022 956.73
AMERICAN PLANNING ASSOCIATION APA MEMBERSHIP/ PLANNING 360158 10/5/2022 309.00
BOOT WORLD MOP 64096 BOOTS / NSD 360159 10/5/2022 117.43
CODE ENFORCEMENT OFFICERS CACEO CONFERENCE / NSD 360160 10/5/2022 425.00
CODE ENFORCEMENT OFFICERS CACEO WEBINAR / NSD 360161 10/5/2022 38.00
CORNEJO REIMB: 187 CASE 22-27310 360162 10/5/2022 67.11
DATA DETECTION GROUP P&E DATA CONVERSION 360163 10/5/2022 913.75
ESGIL LLC PROFESSIONAL SERVICES/BUILDING 360164 10/5/2022 23,973.74
FON JON PET CARE CENTER K9 TYSON 360165 10/5/2022 600.40
GOVCONNECTION INC IPAD PRO 12.9-INCH / FIRE 360166 10/5/2022 5,955.04
HERMIZ PROJECT CANCELLED/ BUILDING 360167 10/5/2022 151.20
LANGUAGE LINE SERVICES PATROL LANGUAGE LINE SERVICE 360168 10/5/2022 14.10
LOZANO REIMBURSEMENT FOR MIGUEL LOZANO - TRAFFIC 360169 10/5/2022 330.00
MAN K9 INC SUPPLIES FOR TRAINING 360170 10/5/2022 441.19
NATIONAL NOTARY ASSOCIATION NOTARY CLASS - NATIONAL NOTARY ASSOC. 360171 10/5/2022 620.57
2/4Page 301 of 369
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 14
10/6/2022
NBS PROFESSIONAL SERVICES/PLANNING 360172 10/5/2022 2,414.05
OCG ELECTRIC REFUND OF PLAN CHECK FEES 360173 10/5/2022 154.00
OFFICE SOLUTIONS BUSINESS PAPER/ BUILDING 360174 10/5/2022 60.60
PRO BUILD COMPANY MOP #45707, VISQUEEN 6 MIL 20X100/ FIRE 360175 10/5/2022 439.29
PROJECT PROFESSIONALS CORP CIP 18-19 PARADISE CREEK PARK EXPANSION 360176 10/5/2022 1,561.25
PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SVC / NSD 360177 10/5/2022 169.34
SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION ROT 360178 10/5/2022 46.00
SBCS CORPORATION CDBG PROGRAM SUB RECIPIENT AGREEMENT 360179 10/5/2022 2,256.55
SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 360180 10/5/2022 31,816.27
SMART & FINAL MOP #45704, LAUDRY SUPPLIES/FIRE STATION 360181 10/5/2022 259.98
SMART SOURCE OF CALIFORNIA LLC COMM SERVICE SUPPLIES FOR EVENTS 360182 10/5/2022 3,041.00
SOLORIO PHOTOGRAPHY KIMB HIGHLAND PROJECT 360183 10/5/2022 250.00
STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIE/PLANNING 360184 10/5/2022 1,397.43
STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES/ STAPLES 360185 10/5/2022 102.20
SYMBOLARTS, LLC SHANAHAN BADGE 360186 10/5/2022 243.13
THERMAL SCIENTIFIC, INC HOMICIDE SWABS 360187 10/5/2022 631.70
AIRGAS USA LLC MOP 45714 GENERAL SUPPLIES-PW 360189 10/6/2022 433.61
ALDEMCO FOOD / NUTRITION CENTER FOR 360190 10/6/2022 2,169.92
ALLIANT INSURANCE SERVICES INC RSWA - SPECIAL LIABILITY INSURANCE 360191 10/6/2022 5,560.88
ARJIS FY 23 CONTRIBUTION FOR GRAFITTI TRACKER 360192 10/6/2022 2,620.95
ATLAS TECHNICAL CONSULTANTS CIP 19-02 EL TOYON LAS PALMAS BICYCLE CO 360193 10/6/2022 7,567.75
BASTIDA REIMB: CRIMINOLOGY TUITION 360194 10/6/2022 1,680.00
BLACK REIMBRSMT EMT-P LICENSE RNWL/N BLACK 360195 10/6/2022 250.00
BURKE WILLIAMS & SORENSEN LLP PROFESSIONAL SERVICE 360196 10/6/2022 3,673.60
C A P F OCTOBER 2022 - FIRE LTD 360197 10/6/2022 1,121.00
CLEARS OCTOBER 2022 - PD LTD 360198 10/6/2022 2,349.00
CAMACHO REIMBURSEMENT TRAINING - BASIC / PD 360199 10/6/2022 747.72
CITY OF NATIONAL CITY RSWA - FIDUCIARY SERVICES 360200 10/6/2022 10,000.00
CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES PW 360201 10/6/2022 199.10
COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 360202 10/6/2022 174.00
CYRACOM INTERNATIONAL, INC LANGUAGE SERVICE 360203 10/6/2022 92.95
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 360204 10/6/2022 4,680.83
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 360205 10/6/2022 1,063.54
DEVANEY PATE MORRIS & CAMERON LEGAL SERVICE 360206 10/6/2022 62,264.72
DEVANEY PATE MORRIS & CAMERON PROFESSIONAL SERVICES 360207 10/6/2022 28,215.00
DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES 360208 10/6/2022 3,625.00
ESGIL LLC PLAN CHECKS FOR FIRE DEPT, FY 2023 360209 10/6/2022 1,685.70
FON JON PET CARE CENTER TYSON BOARD AND CARE 360210 10/6/2022 173.00
GEORGE H WATERS NUTRITION CTR SENIOR SATURDAY EVENT ON 8/13/22 360211 10/6/2022 455.20
GONZALES REIMBURSEMENT FOR ROBERTO GONZALES - SLI 360212 10/6/2022 406.85
LANGUAGE LINE SERVICES AUGUST PATROL FEE 360213 10/6/2022 17.86
LEFORT'S SMALL ENGINE REPAIR MOP 80702 AUTO SUPPLIES PW 360214 10/6/2022 115.00
LEIGHTON CONSULTING INC CIP 19-04 SAFE ROUTES TO SCHOOL PED ENHANCE 360215 10/6/2022 1,755.98
LOPEZ TUITION REIMB: CORRECTIONS 360216 10/6/2022 1,665.00
MAN K9 INC MONTHLY MAINTENANCE TRAINING 360217 10/6/2022 1,376.00
MEYERS, NAVE, RIBACK, SILVER PROFESSIONAL LEGAL SERVICES 360218 10/6/2022 17,094.00
NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2023 360219 10/6/2022 484.50
NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 360220 10/6/2022 4,085.00
3/4Page 302 of 369
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 14
10/6/2022
NATIONAL CITY MOTORCYCLES SERVICE AND REPAIR FOR EMERGENCY FY 2023 360221 10/6/2022 408.45
O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES PW 360222 10/6/2022 63.14
PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL, AND VEHICLE 360223 10/6/2022 2,028.33
PALOMAR HEALTH SART EXAMS 360224 10/6/2022 1,950.00
PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES PW 360225 10/6/2022 587.21
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES PW 360226 10/6/2022 985.72
PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES PW 360227 10/6/2022 322.95
RANDALL LAMB ASSOCIATES INC CIP 19-42 POLICE DEPT STANDBY POWER CONV 360228 10/6/2022 16,608.75
RELIANCE STANDARD OCT 2022 - GRP VAI826233, VCI801146 & VG 360229 10/6/2022 3,589.71
RMG COMMUNICATIONS LOGO CREATION / FLYER 360230 10/6/2022 562.50
SAFETY-KLEEN SYSTEMS, INC PART #100030/TERM 24 / FIRE 360231 10/6/2022 250.03
SAN DIEGO PET SUPPLY MOP 02975 CANINE SUPPLIES 360232 10/6/2022 576.31
SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 360233 10/6/2022 112,555.66
SEGAL REIMBURSEMENT FOR MARK SEGAL ATAP THREAT 360234 10/6/2022 384.39
SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR FY23 360235 10/6/2022 2,432.92
SILVER & WRIGHT LLP NON DEPARTMENTAL 360236 10/6/2022 439.20
SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES PW 360237 10/6/2022 1,506.36
SMART & FINAL MOP 45756 SNACK SUPPLIES / CSD 360238 10/6/2022 510.85
SMART & FINAL MOP45756/SMART & FINAL/CAFE NIGHTS SUPPLIES 360239 10/6/2022 10.99
STAPLES BUSINESS ADVANTAGE MOP 20468 SUPPLIES PD 360240 10/6/2022 202.24
SUPERIOR READY MIX ASPHALT, TACK 3/8 SHEET FOR FY 2023 360241 10/6/2022 795.20
SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2023 360242 10/6/2022 1,275.58
TECHNOLOGY INTEGRATION GROUP MISC MIS EQUIP 360243 10/6/2022 82.66
TELECOM LAW FIRM P C LEGAL SERVICES 360244 10/6/2022 735.00
TERMINIX INTERNATIONAL CITY OWNED FACILITIES ONGOING PEST 360245 10/6/2022 1,307.00
THE COUNSELING TEAM INTERNATIONAL EMPLOYEE SUPPORT SERVICES / FIRE 360246 10/6/2022 225.00
T-MOBILE MOBILE USA INC. GPS LOCATE FOR CASE 2225038 360247 10/6/2022 25.00
VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BULDING SUPPLIES PW 360249 10/6/2022 295.93
VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY23 360250 10/6/2022 10,419.99
WEST PAYMENT CENTER INVESTIGATIVE SERVICE 360251 10/6/2022 666.00
WILLIAMS REIMBRSMNT EMT-P LICENSE/G WILLIAMS 360252 10/6/2022 250.00
WILLY'S ELECTRONIC SUPPLY MOP 45763 ELETRIC SUPPLIES PW 360253 10/6/2022 177.21
WOODRUFF, SPRADLIN & SMART APC RSWA REIMBURSEMENT 360254 10/6/2022 1,562.39
YOUNG REIMBURSEMENT - LEADERS 360255 10/6/2022 60.44
A/P Total 440,697.82
WIRED PAYMENTS
ADMINSURE INC WORKERS' COMPENSATION REPLENISHMENT - SEPT 947649 10/4/2022 65,639.79
U S BANK TRAINING CREDIT CARD 848937 10/5/2022 8,732.78
SECTION 8 HAPS Start Date End Date
9/29/2022 10/6/2022 1,056,384.98
PAYROLL
Pay period Start Date End Date Check Date
21 9/20/2022 10/3/2022 10/12/2022 1,146,171.64
GRAND TOTAL 2,717,627.01
4/4Page 303 of 369
AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Warrant Register #15 for the period of 10/7/22 through 10/13/22 in the amount of $825,312.50
RECOMMENDATION:
Ratify Warrants Totaling $825,312.50
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for period 10/7/22 –
10/13/22. Consistent with Department of Finance’s practice, listed below are all payments above
$50,000.
Vendor Check/Wire Amount Explanation
County of San Diego 360286 52,473.00 FY22-23 HIRT Membership
Crest Equipment Inc. 360289 108,693.71 El Toyon Las Palmas Bike Corridor
Innovate Construction 360300 51,298.00 Citywide Safe Routes to School
Tri-Group Construction 360321 270,917.75 Citywide Safe Routes to School
ARCO Business Solutions 401032 61,168.81 Fuel for City Fleet FY23
FINANCIAL STATEMENT:
Warrant total $825,312.50
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
EXHIBIT:
Warrant Register No. 15
Page 304 of 369
PAYEE DESCRIPTION CHK NO DATE AMOUNT
LASER SAVER INC MOP 45725 OFFICE SUPPLIES/ BUILDING 360257 10/11/22 125.01
NATIONAL CREDIT REPORTING JULY -22 FEE FOR CRIMINAL REPORT 360258 10/11/22 1,054.00
OFFICE SOLUTIONS BUSINESS MOP OFFICE SUPPLES (PAPER) FOR SECTION 8 360259 10/11/22 360.13
PROFESSIONAL SEARCH GROUP LLC TEMP SERVICE : EMILY PORTES / CMO 360260 10/11/22 15,251.24
PROFESSIONAL SEARCH GROUP LLC TEAM STAFF- DANIEL GONZALEZ / SECTION 8 360261 10/11/22 1,387.00
REGIONAL TASK FORCE ON THE HMIS ACCESS FEES FOR JANUARY AND MARCH 360262 10/11/22 523.50
SHRED-IT JULY-2022 MONTHLY SERVICE FOR SECTION 8 360263 10/11/22 126.35
SOLTEK PACIFIC CONSTRUCTION CO REFUND/BUILDING 360264 10/11/22 9,874.90
STAPLES BUSINESS ADVANTAGE MOP# 45704 - OFFICE SUPPLIES - CMO 360265 10/11/22 812.04
THE NELROD COMPANY VOUCHER MANAGMENT SYSTEM TRAINING 360266 10/11/22 109.00
U S BANK US BANK/CREDIT CARD/MISS NATIONAL CITY 360267 10/11/22 967.52
U S BANK US BANK/ MIS SUPPLIES 360268 10/11/22 296.63
ACOSTA LICENSE REIMBURSEMENT 360269 10/13/22 85.00
AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - OCTOBER 360270 10/13/22 743.04
ALDEMCO FOOD / NUTRITION CENTER 360271 10/13/22 8,186.00
ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 360272 10/13/22 3,333.07
ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 360273 10/13/22 66.00
AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 360274 10/13/22 91.17
ATLAS TECHNICAL CONSULTANTS,PLAZA BLVD BETWN HIGLAND/ N AVE - PAVEME 360275 10/13/22 4,706.00
BEHAVIORAL ANALYSIS TRAINING TRAINING INTER INTERROG FOR CRESTIK 360276 10/13/22 575.00
CAPPO INC CAPPO CONFERENCE REGISTRATION / LUNT 360277 10/13/22 495.00
CASTILLO REFUND - CUSTOMER OVERPAYMENT 360278 10/13/22 5.00
CITY OF NATIONAL CITY RSWA PYMT FOR HHW EDUCATIONAL FY 22/23 360279 10/13/22 7,000.00
CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 360280 10/13/22 8,000.00
CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 360281 10/13/22 6,400.00
CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES- PW 360282 10/13/22 104.29
CORELOGIC SOLUTIONS LLC CORELOGIC REALQUEST SOFTWARE 360283 10/13/22 900.00
COUNTY OF SAN DIEGO PARKING CITATION REVENUE - AUGUST 2022 360284 10/13/22 8,309.50
COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 360285 10/13/22 8,010.40
COUNTY OF SAN DIEGO FY22-23 (7/1/22-6/30/23) HIRT MEMBERSHIP 360286 10/13/22 52,473.00
COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 360287 10/13/22 536.75
COZZINI BROS., INC.KNIFE/DELI SLICER/CAN OPENER SHARPENING 360288 10/13/22 108.00
CREST EQUIPMENT INC CIP 19-02 EL TOYON LAS PALMAS BIKE CORRIDOR 360289 10/13/22 108,693.71
CTC TECHNOLOGY & ENERGY CENIC BROADBAND INVOICE #22440017 360290 10/13/22 6,809.58
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 360291 10/13/22 230.00
DEPASCALE TRAINING SLI 1 360292 10/13/22 468.00
D-MAX ENGINEERING INC CIP 22-46 NC STORM WATER SERVICES FY22-2 360293 10/13/22 9,274.87
GEOSYNTEC CONSULTANTS INC CIP 20-05 CNC POLICE DEPT SM ARMS RANGE 360294 10/13/22 18,209.90
HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT PURCHASES 360295 10/13/22 1,174.50
HALLIBURTON EDUCATION REIMBURSEMENT 360296 10/13/22 1,049.26
HDL COREN & CONE FY 21-22 ACFR STATISTICAL PKG (HDL) 360297 10/13/22 695.00
HDR ENGINEERING, INC.CIP 22-458 CCTV INSPECTION/CLEAN VCP 360298 10/13/22 1,997.00
HINDERLITER DE LLAMAS AUDIT/CONTRACT SVCS INV PERIOD Q1/2022 360299 10/13/22 6,602.54
INNOVATIVE CONSTRUCTION CIP 19-04 CITYWIDE SAFE ROUTES TO SCHOOL 360300 10/13/22 51,298.00
LEXIPOL LLC POLICY AND LEGAL UPDATES FY 23 360301 10/13/22 21,677.08
MILLER TRAINING/TRAVEL REIMBURSTMENT 360302 10/13/22 255.26
MOTOROLA SOLUTIONS INC PORTABLE RADIO 360303 10/13/22 18,306.73
NATIONAL CITY CHAMBER CM# 00018 - ECONOMIC DEVELOPMENT ACTIVITY 360304 10/13/22 783.00
WARRANT REGISTER # 15
10/13/2022
1/2Page 305 of 369
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 15
10/13/2022
NATIONAL CITY MOTORCYCLES SERVICE AND REPAIR FOR EMERGENCY FY 2023 360305 10/13/22 337.95
NERI LANDSCAPE ARCHITECTURE CIP 22-26 EL TOYON PARK PROP 68 GRANT IM 360306 10/13/22 18,819.80
PACIFIC REFRIGERATION INC INSTALLED NEW DOOR CLOSER AND HINGES 360307 10/13/22 1,009.94
PENSKE FORD R&M CITY VEHICLES FY 2023 360308 10/13/22 406.15
PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES- PW 360309 10/13/22 483.44
RODGERS EDUCATION REIMBURSEMENT 360310 10/13/22 1,049.26
SAN DIEGO REGIONAL PUBLIC TRAINING PETTY CASH 130 REG ACADEMY 360311 10/13/22 8.00
SD COUNTY POLICE CHIEF'S 2022-2023 ANNUAL DUES 360312 10/13/22 500.00
SDG&E UTILITIES / NUTRITION 360313 10/13/22 3,975.79
SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 360314 10/13/22 1,573.22
SEGAL LIABILITY CLAIM COST 360315 10/13/22 1,146.21
SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES- PW 360316 10/13/22 133.45
STAPLES BUSINESS ADVANTAGE MOP. 45704 OFFICE/PLANNING 360317 10/13/22 3.13
SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2023 360318 10/13/22 33,811.04
SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 360319 10/13/22 9,569.67
THE COUNSELING TEAM INTERNATIONAL EMPLOYEE SUPPORT SERVICES 360320 10/13/22 525.00
TRI-GROUP CONSTRUCTION AND DEV CIP 19-04 CITYWIDE SAFE ROUTES TO SCHOOL 360321 10/13/22 270,917.75
T'S & SIGNS STAFF APPAREL 360322 10/13/22 292.54
U S BANK US BANK PAYMENT 360323 10/13/22 2,058.55
VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY23 360324 10/13/22 606.85
VIRTUAL PROJECT MANAGER LLC CIP VIRTUAL PROJECT MANAGEMENT PROGRAM 360325 10/13/22 20,000.00
VORTEX INDUSTRIES INC CITYWIDE ON-SITE SERVICE AND REPAIRS 360326 10/13/22 640.00
WORLD OIL ENVIRONMENTAL SVCS FLOURESCENT LIGHT TUBES 360327 10/13/22 349.25
A/P Total 756,755.96
WIRED PAYMENTS
ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY 23 401032 10/11/22 61,168.81
U S BANK US BANK CHARGES- ENG/PW 821656 10/12/22 7,387.73
GRAND TOTAL 825,312.50$
2/2Page 306 of 369
AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, AICP, Planning Manager
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Public Hearing and Adoption of an Ordinance Amending National City Municipal Code Section 18
regarding Tattoo Parlors and Body-Piercing Establishments
RECOMMENDATION:
Adopt the 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.
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 hund red
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.
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.
Page 307 of 369
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 Planning Commission
recommended approval of the Code Amendment at their meeting of October 17, 2022. The Ci ty
Council introduced the Ordinance at their meeting of November 1, 2022. The attached
Ordinance needs to be adopted in order to complete the amendment process.
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:
Second Reading
EXHIBIT:
Ordinance
Page 308 of 369
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;
and
NOW, THEREFORE, the City Council of the City of National City does ordain as follows:
Section 1. All protests, if any, against said amendment to the Municipal Code and
each of them be and hereby are denied and overruled.
Section 2. 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 309 of 369
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 3. 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 4. 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 310 of 369
AGENDA REPORT
Department: Housing Authority
Prepared by: Carlos Aguirre, Director
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Public hearing and Adoption of an Ordinance of the City Council of the City of National
City,California, amending Title 9 of the National City Municipal Code by adding Chapter 9.64
pertaining to Mobilehome Park Rent Stabilization.
RECOMMENDATION:
Conduct a public hearing and consider the ordinance for adoption.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The negative economic effects of COVID-19 and the increase of homelessness throughout the
region have exacerbated the ongoing housing crisis affecting National City. 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, with 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 rental 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 311 of 369
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 Urban (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.
After the first public hearing was held on November 1, 2022, City Council requested additional
information on current zoning, further information on the impacts of retroactivity of the Ordinance,
and information on the rent increase noticing requirements under the Mobilehome Residency
Law.
Page 312 of 369
National City Mobilehome Park Zoning
Mobilehome
Park Name
Address Zoning Overlay
Bonita
Paradise
3131 Valley Road RS-2 Small Lot Residential Mobile Home Park
Bonita Vista 2621 Sweetwater Road RS-2 Small Lot
Residential
Mobile Home Park
Happy Hollow 999 E. Division Street RM-2 High Density Multi-
Family Residential
Mobile Home Park
Keystone 3221 National City Blvd. CA- Commercial Automotive Mobile Home Park
All of the existing mobilehome parks are under a Mobile Home Park Overlay Zone (“MHP”) which
is found in Section 18.29.060 of the National City Municipal Code. The purpose of the MHP
overlay zone is to provide for appropriate locations for mobile home parks to be established,
maintained, and protected. New mobilehome parks are subject to conditional use permit approval.
Retroactivity of Ordinance
The City Council began acknowledging concerns about rent increases at mobilehome parks in
August 2022 primarily due to a 20% increase that occurred on July 1, 2022 at Keystone Trailer
Park. In response to the concerns, the proposed National City Ordinance was drafted with a
retroactive cap on rent increases on or after July 1, 2022. Similarly, AB 978 was drafted and
approved retroactively by the State of California in an effort to mitigate the impacts of high rent
increases experienced by the Rancho La Paz Mobilehome Park in Anaheim and Fullerton,
California. Chula Vista’s rent stabilization ordinance was only retroactive to the first reading and
the urgency ordinance adopted most recently in Imperial Beach was not retroactive but made
effective upon adoption of the ordinance. Staff did not find any other rent stabilization ordinances
approved with retroactive clauses in the San Diego region.
During the public hearing on November 1, 2022, the City Council received a request to consider
amending the Ordinance to remove the retroactive date of July 1, 2022 and have the ordinance
apply to rent increases on or after January 1, 2023. There was a second request to consider
changing the retroactive date to August 1, 2022. The table below compares scenarios using
Keystone Trailer Park as an example and assumes that the change in CPI will stay above 5%.
Rent amounts are rounded to the nearest dollar. Scenario 1 assumes the Ordinance as currently
proposed and retroactively applied to rent increases on or after July 1, 2022. Scenario 2 assumes
a change in the proposed Ordinance to apply only to rent increases on or after January 1, 2023.
Ordinance Scenarios
Scenario 1 Scenario 2
Retroactive to rent increased
on or after 7/1/2022
Applies to rent increases on
or after 1/1/2023
Rent before 7/1/2022 $485 $485
Max Rent after 7/1/2022 $485 + (5% of $485) =$509 $585
Max Rent on or after 1/1/2023 $509 $585 + (5% of $485*) = $609
Max Rent on or after 7/1/ 2023 $509 + (5% of $509) =$534 $609
Max Rent on 1/1/ 2024 $534 $609 + (5% of $609) =$639
*$485 is the lowest rent 12 months prior.
Page 313 of 369
Rent Noticing Requirements
The Mobile Home Residency Law requires park management to provide a homeowner written
notice of any increase in rent at least 90 days before the increase takes effect. (Civil Code Section
798.30).
If amendments to the Ordinance are proposed through a motion and ratified by a majority vote of
the City Council after the public hearing held on November 15, 2022, a final public hearing and
adoption of the Ordinance would be scheduled for December 6, 2022.
FINANCIAL STATEMENT:
The financial impacts to the City are mostly the cost of creating and processing the Ordinance
into municipal law. The City designed the Ordinance to limit the administrative burden on the City
by avoiding the creation of a specific City program or oversig ht or ad hoc committee and allow
mobilehome park residents to access non-profit tenant counseling and legal services to assist
with filing for a remedy. In National City, CSA San Diego County, a local non-profit tenant and
property owner-counseling agency, can assist tenants and property owners free of charge. The
costs of providing information on the Ordinance through the City’s website and other media are
also minor.
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:
Second Reading and Adoption
EXHIBITS:
Exhibit A - Ordinance
Page 314 of 369
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 315 of 369
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 316 of 369
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.”
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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.
J. “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.
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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.
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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.
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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
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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
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AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, Deputy City Clerk
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Update on Legislation regarding Public Meetings: AB 361 and AB 2449
RECOMMENDATION:
Receive, file and provide staff direction if needed.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Beginning March 2020, Governor Newsom signed several Executive Orders N-25-20, N-29-20,
N-35-20, N-08-21 suspending the Ralph M. Brown Act’s requirements for teleconferencing and
allowing public meetings to take place virtually, and in the interest of public health and safety to
mitigate the spread and effects of the COVID-19 pandemic.
Executive Order N-08-21 was set to expire on September 30, 2021, consequently, on September
16, 2021, Governor Newsom signed AB 361 further extending the authorization of a local agency
to use teleconferencing without complying with the teleconferencing requirements imposed by the
Ralph M. Brown Act and could continue to hold virtual meetings as long as the legislative body
(including City Council and its appointed Boards, Commission and Committee members) could
continue to make the findings.
Those findings are:
Local Agency holds a meeting during a declared state of emergency.
State or local Officials have imposed or recommended measures to promote social
distancing.
Legislative bodies declare the need to meet remotely due to present imminent risks to the
health and safety of attendees.
The Legislative body cannot take further action on agenda items when there is a disruption
which prevents the public agency from broadcasting the meeting, or in the event of a
disruption within the local agency’s control which prevents members of the public from
offering public comments, until public access is restored.
Prohibiting the Legislative Body from requiring public comments to be submitted in
advance of the meeting and would specify that the legislative body must provide an
opportunity for the public to address the legislative body and offer comment in real time.
An individual desiring to provide public comment through the use of an internet website,
or other online platform, not under the control of the local legislative body, that requires
registration to log into a teleconference may be required to register as required by the
third-party internet website or online platform to participate.
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On October 17, 2022, it was reported from the Office of Governor Newsom that the COVID-19
State of Emergency will end on February 29, 2023. This timeline allows for any potential surge
that may occur after the holidays in January and February, in addition to providing local agencies
time to phase-out any practices put in place during the pandemic for social distancing.
In the meantime, California State Legislation has taken on the complex and restrictive
teleconferencing rules under the traditional Ralph M. Brown Act and on September 13, 2022,
Governor Newsom signed into law Assembly Bill (AB) 2449.
This new amendment to the Brown Act goes into effect on January 1, 2023. AB 2449 provides
alternative teleconference procedures, but has set rules for Legislative Body remote participation,
yet still allows Zoom meetings at which the public participates remotely.
Rules to participate via teleconference are as follows:
At least a quorum of the legislative body must participate in person from a singular physical
location identified on the agenda, which is also open to the public and within the
boundaries of the local agency.
The legislative body must also provide either a two-way audiovisual platform or two-way
telephonic service and a live webcasting of the meeting to allow the public to remotely
hear and visually observe the meeting, and remotely address the legislative body. The
agenda must identify and include an opportunity for all persons to attend via a call-in
option, internet-based service option, and at the in-person location of the meeting.
In addition to the above requirements, AB 2449 also contains a number of requirements that only
allow a member of the legislative body to participate remotely if one of the following are met:
1. The member notifies the legislative body at the earliest opportunity possible, including at
the start of a regular meeting, of their need to participate remotely for “just cause” (as
defined by AB 2449), including a general description of the circumstances relating to their
need to appear remotely at the given meeting; or
2. The member requires the legislative body to allow them to participate in the meeting
remotely due to the “emergency circumstances” and the legislative body takes action to
approve the request. The legislative body requires a general description (generally not
exceeding 20 words) of the circumstances relating to the member’s need to appear
remotely at the given meeting, this shall not require a member to disclose any medical
diagnosis or disability, or any personal medical information that is already exempt under
existing law.
Definitions per AB 2449:
Just Cause – is limited to one or more of the following:
a) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling,
spouse, or domestic partner that requires a member to participate remotely;
b) a contagious illness that prevents a member from attending in person;
c) a need related to a physical or mental disability as defined by statute; or
d) travel while on official business of the legislative body or another state or local
agency.
Emergency Circumstances – means a physical or family medical emergency that prevents a
member from attending in person.
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In addition to these practical implications, the member is also limited to how frequently a member
can teleconference under this statute.
AB 2449’s teleconference procedures may not be used by a member of the legislative body to
teleconference for a period of more than three (3) consecutive months or 20% of the regular
meetings within a calendar year, or more than two meetings if the body meets fewer than 10 times
per calendar year.
The City of National City schedules 22 Regular Meetings per calendar year, allowing a member
to utilize only four (4) meetings per calendar year for the teleconferencing based on the “just
cause” allowance under AB 2449 and must meet the additional requirements as defined.
Members participating remotely must do so through both audio and visual technology and
must publicly disclose whether any individual over the age of 18 is present at the remote
location with the member and the general nature of the member’s relationship with the
individual.
AB 2449 does not amend the Brown Act’s emergency teleconference procedures. It offers an
alternative teleconferencing option that allows a legislative body to use teleconferencing without
complying with the traditional teleconference agenda requirements of noticing home address and
posting location requirements.
Since the Governor has lifted the proclaimed State of Emergency due to COVID-19 pandemic,
AB 361 provisions will expire on February 29, 2023, and AB 2449’s rules remain in effect through
2026 unless further legislation is adopted.
Requirements of the Legislative Body if a member seeks to participate due to a specified “just
cause” or “emergency circumstance” must be stated and recorded at the beginning of each public
meeting before any actions are taken. If a member seeks to participate due to a specified
“emergency circumstance” and the legislative body votes not to accept the basis for virtual
attendance under AB 2449, then that member may only participate as a general member of the
public and cannot vote on any action item.
Minutes of the meeting must reflect the following under AB 2449’s procedures:
a) which member appeared remotely under AB 2449’s procedures;
b) how many times each member has appeared remotely under its terms;
c) the reason for appearing remotely; and,
d) any action taken by the legislative body, such as not accepting the circumstance.
Currently the City Council has voted to continue teleconferencing under the AB 361 rules if the
findings remain until December of 2022. The City Council may want to allow the AB 361
provisions to be considered until they expire February 29, 2023, providing staff direction.
FINANCIAL STATEMENT:
None.
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.
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PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A – Assembly Bill 2449
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SHARE THIS:Date Published: 09/14/2022 09:00 PM
AB-2449 Open meetings: local agencies: teleconferences.(2021-2022)
Assembly Bill No. 2449
CHAPTER 285
An act to amend, repeal, and add Sections 54953 and 54954.2 of the Government Code, relating to local
government.
[ Approved by Governor September 13, 2022. Filed with Secretary of State
September 13, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2449, Blanca Rubio. Open meetings: local agencies: teleconferences.
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body
of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and
participate. The act generally requires posting an agenda at least 72 hours before a regular meeting that
contains a brief general description of each item of business to be transacted or discussed at the meeting, and
prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The
act authorizes a legislative body to take action on items of business not appearing on the posted agenda under
specified conditions. The act contains specified provisions regarding providing for the ability of the public to
observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain
requirements, particularly that the legislative body notice each teleconference location of each member that will
be participating in the public meeting, that each teleconference location be accessible to the public, that
members of the public be allowed to address the legislative body at each teleconference location, that the
legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative
body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an
exemption to the jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with
those specified teleconferencing requirements in specified circumstances when a declared state of emergency is
in effect, or in other situations related to public health.
This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a
local agency to use teleconferencing without complying with the teleconferencing requirements that each
teleconference location be identified in the notice and agenda and that each teleconference location be accessible
to the public if at least a quorum of the members of the legislative body participates in person from a singular
physical location clearly identified on the agenda that is open to the public and situated within the local agency’s
jurisdiction. Under this exception, the bill would authorize a member to participate remotely under specified
circumstances, including participating remotely for just cause or due to emergency circumstances. The
emergency circumstances basis for remote participation would be contingent on a request to, and action by, the
legislative body, as prescribed. The bill, until January 1, 2026, would authorize a legislative body to consider and
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
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take action on a request from a member to participate in a meeting remotely due to emergency circumstances if
the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for
which the request is made. The bill would define terms for purposes of these teleconferencing provisions.
This bill would impose prescribed requirements for this exception relating to notice, agendas, the means and
manner of access, and procedures for disruptions. The bill would require the legislative body to implement a
procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, consistent with federal law.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public
bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of
public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends
or enacts laws relating to public records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54953 of the Government Code, as amended by Section 3 of Chapter 165 of the Statutes of
2021, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any
meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency
elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall.
(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this
chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall
provide an opportunity for members of the public to address the legislative body directly pursuant to
Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations. Each teleconference location shall be identified in the notice and agenda of the
meeting or proceeding, and each teleconference location shall be accessible to the public. During the
teleconference, at least a quorum of the members of the legislative body shall participate from locations within
the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in
subdivisions (d) and (e).
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
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(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a
final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local
agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final
action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in
the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference
locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is
established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections
14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code,
any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and
any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements
of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this
subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials
have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of
determining, by majority vote, whether as a result of the emergency, meeting in person would present
imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by
majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the
agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by
which members of the public may access the meeting and offer public comment. The agenda shall identify
and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to
members of the public using the call-in option or internet-based service option, or in the event of a
disruption within the local agency’s control that prevents members of the public from offering public
comments using the call-in option or internet-based service option, the legislative body shall take no further
action on items appearing on the meeting agenda until public access to the meeting via the call-in option or
internet-based service option is restored. Actions taken on agenda items during a disruption that prevents
the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C) The legislative body shall not require public comments to be submitted in advance of the meeting and
must provide an opportunity for the public to address the legislative body and offer comment in real time.
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(D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of
an internet website, or other online platform, not under the control of the local legislative body, that
requires registration to log in to a teleconference may be required to register as required by the third-party
internet website or online platform to participate.
(E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close
the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph
(F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment
separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public
members the opportunity to provide public comment, including time for members of the public to
register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public
comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a
specific agenda item shall not close the public comment period or the opportunity to register, pursuant to
subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures
to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of
subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time
pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following
findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in
person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) This subdivision shall not be construed to require the legislative body to provide a physical location from
which the public may attend or comment.
(f ) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of
subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body
participates in person from a singular physical location clearly identified on the agenda, which location shall be
open to the public and situated within the boundaries of the territory over which the local agency exercises
jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may
remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting.
(B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the
agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by
which members of the public may access the meeting and offer public comment.
(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative
body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at
the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to
members of the public using the call-in option or internet-based service option, or in the event of a
disruption within the local agency’s control that prevents members of the public from offering public
comments using the call-in option or internet-based service option, the legislative body shall take no further
action on items appearing on the meeting agenda until public access to the meeting via the call-in option or
internet-based service option is restored. Actions taken on agenda items during a disruption that prevents
the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.Page 330 of 369
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(E) The legislative body shall not require public comments to be submitted in advance of the meeting and
must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of
an internet website, or other online platform, not under the control of the local legislative body, that
requires registration to log in to a teleconference may be required to register as required by the third-party
internet website or online platform to participate.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this
subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of
a regular meeting, of their need to participate remotely for just cause, including a general description of
the circumstances relating to their need to appear remotely at the given meeting. The provisions of this
clause shall not be used by any member of the legislative body for more than two meetings per calendar
year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to
emergency circumstances and the legislative body takes action to approve the request. The legislative
body shall request a general description of the circumstances relating to their need to appear remotely at
the given meeting. A general description of an item generally need not exceed 20 words and shall not
require the member to disclose any medical diagnosis or disability, or any personal medical information
that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter
1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this
clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as
soon as possible. The member shall make a separate request for each meeting in which they seek to
participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest
opportunity. If the request does not allow sufficient time to place proposed action on such a request
on the posted agenda for the meeting for which the request is made, the legislative body may take
action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section
54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken, whether any other
individuals 18 years of age or older are present in the room at the remote location with the member, and
the general nature of the member’s relationship with any such individuals.
(C) The member shall participate through both audio and visual technology.
(3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to
participate in meetings of the legislative body solely by teleconference from a remote location for a period of
more than three consecutive months or 20 percent of the regular meetings for the local agency within a
calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per
calendar year.
(g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for
reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which
notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the
legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and
nondiscrimination laws.
(i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional
teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional
physical locations in which the public may observe and address the legislative body by electronic means.
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(j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from
attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic
partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and
“sibling” have the same meaning as those terms do in Section 12945.2.
(B) A contagious illness that prevents a member from attending in person.
(C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not
otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting
pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting.
Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any
physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via
webcasting or another similar electronic medium that does not permit members to interactively hear, discuss,
or deliberate on matters, does not constitute remote participation.
(5) “State of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California
Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6) “Teleconference” means a meeting of a legislative body, the members of which are in different locations,
connected by electronic means, through either audio or video, or both.
(7) “Two-way audiovisual platform” means an online platform that provides participants with the ability to
participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8) “Two-way telephonic service” means a telephone service that does not require internet access, is not
provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen
and verbally participate.
(9) “Webcasting” means a streaming video broadcast online or on television, using streaming media
technology to distribute a single content source to many simultaneous listeners and viewers.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2. Section 54953 of the Government Code, as added by Section 4 of Chapter 165 of the Statutes of 2021,
is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any
meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency
elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall.
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(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this
chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall
provide an opportunity for members of the public to address the legislative body directly pursuant to
Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations. Each teleconference location shall be identified in the notice and agenda of the
meeting or proceeding, and each teleconference location shall be accessible to the public. During the
teleconference, at least a quorum of the members of the legislative body shall participate from locations within
the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in
subdivision (d).
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a
final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local
agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final
action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in
the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference
locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is
established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections
14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code,
any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and
any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of
subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body
participates in person from a singular physical location clearly identified on the agenda, which location shall be
open to the public and situated within the boundaries of the territory over which the local agency exercises
jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may
remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting.
(B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the
agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by
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which members of the public may access the meeting and offer public comment.
(C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative
body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at
the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to
members of the public using the call-in option or internet-based service option, or in the event of a
disruption within the local agency’s control that prevents members of the public from offering public
comments using the call-in option or internet-based service option, the legislative body shall take no further
action on items appearing on the meeting agenda until public access to the meeting via the call-in option or
internet-based service option is restored. Actions taken on agenda items during a disruption that prevents
the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and
must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of
an internet website, or other online platform, not under the control of the local legislative body, that
requires registration to log in to a teleconference may be required to register as required by the third-party
internet website or online platform to participate.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this
subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of
a regular meeting, of their need to participate remotely for just cause, including a general description of
the circumstances relating to their need to appear remotely at the given meeting. The provisions of this
clause shall not be used by any member of the legislative body for more than two meetings per calendar
year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to
emergency circumstances and the legislative body takes action to approve the request. The legislative
body shall request a general description of the circumstances relating to their need to appear remotely at
the given meeting. A general description of an item generally need not exceed 20 words and shall not
require the member to disclose any medical diagnosis or disability, or any personal medical information
that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter
1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this
clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as
soon as possible. The member shall make a separate request for each meeting in which they seek to
participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest
opportunity. If the request does not allow sufficient time to place proposed action on such a request
on the posted agenda for the meeting for which the request is made, the legislative body may take
action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section
54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken whether any other
individuals 18 years of age or older are present in the room at the remote location with the member, and
the general nature of the member’s relationship with any such individuals.
(C) The member shall participate through both audio and visual technology.
(3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to
participate in meetings of the legislative body solely by teleconference from a remote location for a period of
more than three consecutive months or 20 percent of the regular meetings for the local agency within a
calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per
calendar year.
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(f ) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for
reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which
notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the
legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and
nondiscrimination laws.
(h) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional
teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional
physical locations in which the public may observe and address the legislative body by electronic means.
(i) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from
attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic
partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and
“sibling” have the same meaning as those terms do in Section 12945.2.
(B) A contagious illness that prevents a member from attending in person.
(C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not
otherwise accommodated by subdivision (f ).
(D) Travel while on official business of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting
pursuant to subdivision (e), other than any physical meeting location designated in the notice of the meeting.
Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any
physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via
webcasting or another similar electronic medium that does not permit members to interactively hear, discuss,
or deliberate on matters, does not constitute remote participation.
(5) “Teleconference” means a meeting of a legislative body, the members of which are in different locations,
connected by electronic means, through either audio or video, or both.
(6) “Two-way audiovisual platform” means an online platform that provides participants with the ability to
participate in a meeting via both an interactive video conference and a two-way telephonic function.
(7) “Two-way telephonic service” means a telephone service that does not require internet access, is not
provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen
and verbally participate.
(8) “Webcasting” means a streaming video broadcast online or on television, using streaming media
technology to distribute a single content source to many simultaneous listeners and viewers.
(j) This section shall become operative January 1, 2024, shall remain in effect only until January 1, 2026, and as
of that date is repealed.
SEC. 3. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
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(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting
or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any
meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced
meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over
which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide
an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3
at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of
which are in different locations, connected by electronic means, through either audio or video, or both. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a
final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local
agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final
action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or
received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference
locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is
established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections
14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code,
any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and
any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2026.
SEC. 4. Section 54954.2 of the Government Code is amended to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its
designee, shall post an agenda containing a brief general description of each item of business to be transacted or
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generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and
shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet
Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall
include information regarding how, to whom, and when a request for disability-related modification or
accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a
modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and
county, special district, school district, or political subdivision established by the state that has an Internet Web
site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city,
county, city and county, special district, school district, or political subdivision established by the state that
is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not
be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible
through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda
management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet
search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or
redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political
subdivision established by the state that has an Internet Web site and an integrated agenda management
platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet
Web site homepage of a city, county, city and county, special district, school district, or political
subdivision established by the state. The direct link to the integrated agenda management platform shall
not be in a contextual menu. When a person clicks on the direct link to the integrated agenda
management platform, the direct link shall take the person directly to an Internet Web site with the
agendas of the legislative body of a city, county, city and county, special district, school district, or
political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a
city, county, city and county, special district, school district, or political subdivision established by the
state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school
district, or political subdivision established by the state shall be the first agenda available at the top of
the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the
requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and
county, special district, school district, or political subdivision established by the state dedicated to
providing the entirety of the agenda information for the legislative body of the city, county, city and
county, special district, school district, or political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was
established by the legislative body of the city, county, city and county, special district, school district, or
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political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that
members of a legislative body or its staff may briefly respond to statements made or questions posed by
persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in
response to questions posed by the public, a member of a legislative body or its staff may ask a question for
clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a
member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may
provide a reference to staff or other resources for factual information, request staff to report back to the body
at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on
a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on
the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this
subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as
defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting,
or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there
is a need to take immediate action and that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not
more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item
was continued to the meeting at which action is being taken.
(4) To consider action on a request from a member to participate in a meeting remotely due to emergency
circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed
action on the posted agenda for the meeting for which the request is made. The legislative body may approve
such a request by a majority vote of the legislative body.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet
Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following
standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the
legislative body are compensated for their appearance, and if one or more of the members of the legislative
body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 5. Section 54954.2 is added to the Government Code, to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its
designee, shall post an agenda containing a brief general description of each item of business to be transacted or
discussed at the meeting, including items to be discussed in closed session. A brief general description of an item
generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and
shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet
Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall
include information regarding how, to whom, and when a request for disability-related modification or
accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a
modification or accommodation in order to participate in the public meeting.
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(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and
county, special district, school district, or political subdivision established by the state that has an Internet Web
site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city,
county, city and county, special district, school district, or political subdivision established by the state that
is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not
be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible
through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda
management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet
search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or
redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political
subdivision established by the state that has an Internet Web site and an integrated agenda management
platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet
Web site homepage of a city, county, city and county, special district, school district, or political
subdivision established by the state. The direct link to the integrated agenda management platform shall
not be in a contextual menu. When a person clicks on the direct link to the integrated agenda
management platform, the direct link shall take the person directly to an Internet Web site with the
agendas of the legislative body of a city, county, city and county, special district, school district, or
political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a
city, county, city and county, special district, school district, or political subdivision established by the
state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school
district, or political subdivision established by the state shall be the first agenda available at the top of
the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the
requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and
county, special district, school district, or political subdivision established by the state dedicated to
providing the entirety of the agenda information for the legislative body of the city, county, city and
county, special district, school district, or political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was
established by the legislative body of the city, county, city and county, special district, school district, or
political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that
members of a legislative body or its staff may briefly respond to statements made or questions posed by
persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in
response to questions posed by the public, a member of a legislative body or its staff may ask a question for
clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a
member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may
provide a reference to staff or other resources for factual information, request staff to report back to the body
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at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on
a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on
the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this
subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as
defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting,
or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there
is a need to take immediate action and that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not
more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item
was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet
Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following
standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the
legislative body are compensated for their appearance, and if one or more of the members of the legislative
body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(e) This section shall become operative January 1, 2026.
SEC. 6. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the
Government Code, impose a limitation on the public’s right of access to the meetings of public bodies or the
writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:
By removing the requirement for agendas to be placed at the location of each public official participating in a
public meeting remotely, including from the member’s private home or hospital room, this act protects the
personal, private information of public officials and their families while preserving the public’s right to access
information concerning the conduct of the people’s business.
SEC. 7. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the
Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the
California Constitution, the purposes of that constitutional section as it relates to the right of public access to the
meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph
(7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following
findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for
greater public participation in teleconference meetings.
Page 340 of 369
AGENDA REPORT
Department: City Manager's Office
Prepared by: Pedro Garcia, Economic Development Manager
Meeting Date: Tuesday, November 15, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
National City Chamber of Commerce Agreement Update
RECOMMENDATION:
Authorize allocating $25,000 of the existing $50,000 Economic Development agreement with the
Chamber of Commerce to support the formation of a business/assessment district(s).
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Chamber of Commerce has been supporting the National City business community for over
100 years and has functioned continuously as the city’s largest civic organization. Their
membership and support derives from more than 600 National City businesses and others
throughout the San Diego region who are interested in advancing the commercial, industrial, and
civic interests of the community.
The City of National City for many years has supported the National City Chamber of Commerce
through shared goals of supporting our business community. The Chamber has also provided
services to the City in support of the economic development goals adopted and prioritized by city
council through a variety of programs.
The City has entered into what has evolved to an annual agreement with the Chamber of
Commerce to perform economic development activities throughout the city. Services provided
from the Chamber of Commerce are for marketing, advertising, public relations, technology
assistances, and outreach to the businesses and community of National City.
The Chamber of Commerce is now seeking to allocate $25,000 of its annual $50,000 agreement
towards the use of forming a business/assessment district for National City’s downtown. The city’s
downtown is a bourgeoning district for National City with recent successful developments such
as Market on 8th and PARCO apartments. It is also home to well-known businesses such as
Niederfranks Ice Creams, Napolean’s Pizza, and Ramada Inn. With the current momentum the
city’s downtown is having in developments and interest for investment, the Chamber believes
establishing a business district to help bring more attention to the city’s downtown is crucial to the
continued success. This business district would help coordinate events, clean streets, marketing,
advertising, and other key services to the district that will help with current and future businesses.
The Office of County Supervisor Nora Vargas is proposing a community enhancement grant for
the National City Chamber of Commerce of $75,000 towards the formation of the downtown
business district. The $100,000 will be used by the Chamber to hire a consultant team to manage
Page 341 of 369
the formation process that takes approximately 1 year. If successfully formed, an assessment
district will create ongoing revenue to support the Chamber’s ongoing revenues.
FINANCIAL STATEMENT:
No financial impact. The $25,000 is part of the existing $50,000 agreement adopted April 05,
2022.
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 – Chamber of Commerce Agreement
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA AUTHORIZING ALLOCATION OF $25,000 OF THE EXISTING $50,000
OF FUNDS UNDER THE CHAMBER OF COMMERCE AGREEMENT FOR SUPPORT
OF THE FORMATION OF A BUSINESS ASSESSMENT DISTRICT
WHEREAS, The Chamber of Commerce has been supporting the National City business
community for over 100 years and has functioned continuously as the city’s largest civic
organization: and
WHEREAS, the City has entered into what has evolved to an annual agreement with the
Chamber of Commerce to perform economic development activities throughout the city
(“Chamber of Commerce Agreement”); and
WHEREAS, services provided from the Chamber of Commerce are for marketing,
advertising, public relations, technology assistances, and outreach to the businesses and
community of National City; and
WHEREAS, the Chamber of Commerce is now seeking to allocate $25,000 of the
$50,000 available under the Chamber of Commerce Agreement towards the use of forming a
business/assessment district for National City’s downtown.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1: Authorizes the allocation of $25,000 of the existing $50,000 available
under the Chamber of Commerce Agreement (Exhibit A to Agenda Report) for use in forming
a business improvement district.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of November 2022 .
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, Interim City Attorney
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
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Mona Rios
Request to discuss formation of an Environment Health & Justice Advisory Committee
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