The URL can be used to link to this page

Home My WebLink AboutAgenda Package - RCCM_Mar07_2023AGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Ron Morrison, Mayor Luz Molina, Vice-Mayor Brad Raulston, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, Interim City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency Thank you for participating in local government and the City of National City Council Meetings. Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session 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 modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting. AGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Ron Morrison, Mayor Luz Molina, Vice-Mayor Brad Raulston, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, Interim City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City. Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios. Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público. Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificaciones electrónicas cuando se publiquen artículos. Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad. Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema. Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 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 modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336-4228 al menos 24 horas antes de la reunión. AGENDA Consolidated Regular Meeting Tuesday, March 7, 2023, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG 4.PUBLIC COMMENT In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes. 5.PROCLAMATIONS AND RECOGNITION 5.1 Introduction of New City Employees 5 6.INTERVIEWS AND APPOINTMENTS Mayoral and City Council appointments to City Boards/Commission/Committees 6.1 Appointments: City Boards, Commissions and Committees – City Council Appointments for Civil Service Commission, Housing Advisory Committee, and the Planning Commission. 6 Recommendation: City Council to Conduct Interviews and Appointment. 6.2 Appointments: City Boards, Commissions and Committees – Mayoral Appointments for Board of Library Trustees; Community and Police Relations Commission; Park, Recreation & Senior Citizens Advisory Committee; and, the Public Art Committee. 22 Recommendation: Mayoral Appointment with City Councilmembers’ confirmation. 7.REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) 8.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. 8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda 8.2 Approval of City Council Meeting Minutes.56 Recommendation: Approve and file. 8.3 Supporting Healthy Aging through Parks and Recreation (SHAPR) Grant Funds Acceptance 81 Recommendation: Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the acceptance of the Supporting Healthy Aging Through Parks and Recreation (SHAPR) grant from the National Recreation Park Association (NRPA) in the amount of $4,000 to cover costs associated with the Walking with Ease program and the establishment of grant funds appropriations of $4,000 and corresponding revenue budget.” 8.4 Project close-out and notice of completion for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07. 91 Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) accepting the work performed by Whillock Contracting, Inc. for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07; 2) approving the final contract amount of $5,197,256.50; 3) ratifying the release of retention in the amount of $141,891.95; and 4) approving the signing of the Notice of Completion for the project" 8.5 Acceptance and appropriation of federal funds received through the Consolidated Appropriations Act 2022 103 Recommendation: Adopt a Resolution Entitled, “ Resolution of the City Council of the City of Page 2 of 180 National City, California, authorizing the acceptance and appropriation of funds and establishing corresponding expenditure accounts for the following projects: 1) $294,700 for the 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) $3,332,781 for the 24th Street First and Last Mile Connections to Trolley Station for design and construction; and 3) $300,000 for the Bayshore Bikeway Segment 5 project necessary for the additional work on the design.” 8.6 Warrant Register #29 for the period of 1/13/23 through 1/19/23 in the amount of $424,817.66. 118 Recommendation: Ratify Warrants Totaling $424,817.66. 8.7 Warrant Register #30 for the period of 1/20/23 through 1/26/23 in the amount of $2,959,351.54 121 Recommendation: Ratify Warrants Totaling $2,959,351.54 9.PUBLIC HEARING The following item(s) have been advertised as public hearing(s) as required by law. 9.1 Introduction and First Reading of Ordinance Amending National City Municipal Code Chapter 2.75 adjusting campaign contribution limits as required every odd-numbered year to reflect changes in the Consumer Price Index 124 Recommendation: Introduce Ordinance by First Reading entitled, “Ordinance of the City Council of the City of National City, California, Amending Various Sections of the National City Municipal Code Chapter 2.75 to adjust the Campaign Contribution Limit for any Election Held on or after January 1, 2024.” 9.2 Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California Establishing the Compensation of the Mayor and City Council. 132 Recommendation: Adopt an Ordinance adjusting the Mayor and City Council compensation in accordance with City Council direction. 10.STAFF REPORTS 10.1 Recruitment and Retention Update 135 Recommendation: Receive the report. 10.2 Staff Report: Fiscal Year 2022 Budget Review 174 Page 3 of 180 Recommendation: Accept and file this staff report 11.CITY MANAGER’S REPORT 12.ELECTED OFFICIALS REPORT 12.1 POLICY 105 REQUEST - Request Clarity regarding General Law Cities ability to have a Primary Voting System if Municipalities would choose to do so. Requested by Councilmember Rodriguez 179 12.2 POLICY 105 REQUEST - Repeal City's Cruising Prohibition for discussion in April, including Business Impacts. Requested by Councilmember Bush 180 13.CITY ATTORNEY REPORT 14.ADJOURNMENT Regular Meeting of the City Council of the City of National City - Tuesday, March 21, 2023 - 6:00 p.m. - Council Chambers - National City, California. Page 4 of 180 Page 5 of 180 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, Interim City Clerk Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Appointments: City Boards, Commissions and Committees – City Council Appointments for Civil Service Commission, Housing Advisory Committee, and the Planning Commission. RECOMMENDATION: City Council to Conduct Interviews and Appointment. 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, NatCity News, and City Social Media sites to advertise openings and the application acceptance period. The most recent Vacancy Notices were posted on January 2, 2023, and all applications were due to the City Clerk’s Office by the deadline of Thursday, February 9, 2023, at 5:00 p.m. The following BCCs currently have vacancies caused by end of term and/or resignations: Civil Service Commission Housing Advisory Committee Planning Commission Incumbents were given the option to be considered for reappointment, those consideration applications are included in Attachment B in addition to new applications 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 6 of 180 ORDINANCE: Not Applicable EXHIBITS: Attachment A – Explanation Attachment B – Applications (redacted) Attachment C – City Council Policy #107 Attachment D – Boards/Commission/Committees Reference Chart Page 7 of 180 The City Clerk’s Office began advertising and accepting applications for vacancies on the following Boards, Committees, and Commissions: Civil Service Commission; Housing Advisory Committee; and, Planning Commission on January 2, 2023 with a deadline of February 9, 2023. Background In order to obtain qualified candidates, a Notice of Vacancies was advertised on the following: The City website, posted on the City Hall Bulletin Boards, the Star News and City Social Media sites to advertise openings and the application acceptance period. The Vacancies presented are a combination of resignations or end of Term (March 2023). Vacancies are listed below: BCC Number of Open Seats and Term expiration for that seat Appointing Member(s) Residency Requirement Applications Received Civil Service Commission (1) One Seat –September 30, 2027 City Council Yes None. Housing Advisory Committee (1) One Seat – March 31, 2023 City Council No Izayah Santos Planning Commission/Housing Advisory Committee (2) Two Seats – March 31, 2023 City Council Yes Liliana Armenta* Luis Natividad* 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. No applications were received for the Civil Service Commission. Please provide direction to staff. The current vacancy on the Housing Advisory Committee is due to a term expiring on March 31, 2023. Committee member Damian Alexander Roman is not seeking reappointment. *One (1) applicant Liliana Armenta is currently a member of the Parks, Recreation & Senior Citizens Advisory Board appointed February 16, 2021, to present with a term that expires March 31, 2023. Liliana Armenta is not seeking reappointment. Attendance of meetings is shown below for reference. Attendance 2022 (11) 2023 Two (2) Attended 3 2 Absent 1 0 Cancelled 7 0 Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Member Armenta has completed all required training and filing requirements. *One (1) applicant Luis Natividad is currently a member of the Planning Commission appointed May 7, 2019, to present with a term that expires March 31, 2023. Attendance of meetings is shown below for reference. Attendance 2022 (18) 2023 (Two) Attended 7 2 Absent 3 0 Cancelled 8 0 Page 8 of 180 Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Commissioner Natividad has completed all required training and filing requirements. 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. This training is required to be completed within 30 days of appointment or notification. 1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507) 2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq) 3. AB1234 Ethics Training (California Government Code Section 53235.1(b)) 4. Anti-Sexual Harassment Training 5. Brown Act Training 6. Social Media Training Any training required by State Law, Federal Law, or City Policies. All training is offered in a variety of formats including in person, via Zoom, and training website/software, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff. Page 9 of 180 Page 10 of 180 Page 11 of 180 Page 12 of 180 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 13 of 180 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 14 of 180 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 15 of 180 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 16 of 180 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 17 of 180 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 18 of 180 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 19 of 180 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 20 of 180 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 21 of 180 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, Interim City Clerk Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Appointments: City Boards, Commissions and Committees – Mayoral Appointments for Board of Library Trustees; Community and Police Relations Commission; Park, Recreation & Senior Citizens Advisory Committee; and, the Public Art Committee. RECOMMENDATION: Mayoral Appointment with City Councilmembers’ confirmation. 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, January 2, 2023, and all applications were due to the City Clerk’s Office by the deadline of Thursday, February 9, 2023 at 5:00 p.m. The following BCCs currently have vacancies caused by end of term and/or resignations: Board of Library Trustees Community and Police Relations Commission Park, Recreation & Senior Citizens Advisory Committee Public Art Committee 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 22 of 180 ORDINANCE: Not Applicable EXHIBITS: Attachment A – Explanation Attachment B – Applications (redacted) Attachment C – City Council Policy #107 Attachment D – Boards/Commission/Committees Reference Chart Page 23 of 180 The City Clerk’s Office began advertising and accepting applications for vacancies on the following Boards, Committees, and Commissions: Board of Library Trustees; Community and Police Relations Commission; Park, Recreation & Senior Citizens Advisory Committee; and, Public Art Committee on January 2, 2023 with a deadline of February 9, 2023. Background In order to obtain qualified candidates, a Notice of Vacancies was advertised on the following: The City website, posted on the City Hall Bulletin Boards, the Star News and City Social Media sites to advertise openings and the application acceptance period. The Vacancies presented are a combination of resignations and end of term (March 2023). 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 Cindy Lopez Alejandra Sotelo-Solis Liliana Armenta* Community and Police Relations Commission (2) Two Seats – March 31, 2023 (2) Two Seats – March 31, 2024 Mayoral Yes One seat expiring on March 31, 2023 has an optional residency requirement. Alexander Fernandez Darin Dorsey Jacqueline Ellis Augustine Buelna Liliana Armenta* Michael Lesley* Zachary Francisco-Gomez* Park, Recreation & Senior Citizens Advisory Committee (2) Two Seats – March 31, 2023 Mayoral Yes Ignacio Navarro, Jr. * 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. No applications were received for the Public Art Committee. Please provide direction to staff. *One (1) applicant Liliana Armenta is currently a member of the Parks, Recreation & Senior Citizens Advisory Board appointed February 16, 2021, to present with a term that expires March 31, 2023. Liliana Armenta is not seeking reappointment. Attendance of meetings is shown below for reference. Attendance 2022 (11) 2023 Two (2) Attended 3 2 Absent 1 0 Cancelled 7 0 Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Member Armenta has completed all required training and filing requirements. ************************************************************************************************************************** Page 24 of 180 *One (1) applicant Michael Lesley is currently a member of the Community and Police Relations Commission appointed October 30, 2018, to present with a term that expires March 31, 2023. Attendance of meetings is shown below for reference. Attendance 2022 Four (4) 2023 (One) Attended 4 1 Absent 0 0 Cancelled 0 0 Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Commissioner Lesley has completed all required training and filing requirements. ************************************************************************************************************************** *One (1) applicant Zachary Francisco-Gomez is currently a member of the Community and Police Relations Commission reappointed March 31, 2022, to present with a term that expires March 31, 2023. Attendance of meetings is shown below for reference. Attendance 2022 Four (4) 2023 (One) Attended 4 1 Absent 0 0 Cancelled 0 0 Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Commissioner Francisco-Gomez has completed all required training and filing requirements. ************************************************************************************************************************** *One (1) applicant Ignacio Navarro, Jr. is currently a member of the Park, Recreation & Senior Citizens Advisory Committee appointed February 16, 2021, to present with a term that expires March 31, 2023. Attendance of meetings is shown below for reference. Attendance 2022 Eleven (11) 2023 (Two) Attended 2 0 Absent 2 2 Cancelled 7 0 Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Member Navarro, Jr. has completed all required training and filing requirements. ************************************************************************************************************************** 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. Page 25 of 180 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 concomit ant 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. Anti-Sexual Harassment Training 5. Brown Act Training 6. Social Media Training Any training required by State Law, Federal Law, or City Policies. All training is offered in a variety of formats including in person, via Zoom, and training website/software, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff. Page 26 of 180 Page 27 of 180 Sent from my iPhone Page 28 of 180 Page 29 of 180 Page 30 of 180 Page 31 of 180 Page 32 of 180 Page 33 of 180 Page 34 of 180 Page 35 of 180 Page 36 of 180 Page 37 of 180 Page 38 of 180 Page 39 of 180 Page 40 of 180 Page 41 of 180 Page 42 of 180 Page 43 of 180 Page 44 of 180 CITY OF NATIONAL CITY BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE-APPOINTMENT The City Council will soon consider the appointment / re-appointment to the Community & Police Relations Commission. Please check the appropriate box, sign and return to the City Clerk’s Office. __ I respectfully request to be re-appointed. __ I do not desire to be re-appointed. Michael Lesley: _______________ Signature Page 45 of 180 CITY OF NATIONAL CITY BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE-APPOINTMENT The City Council will soon consider the appointment / re-appointment to the Community & Police Relations Commission. Please check the appropriate box, sign and return to the City Clerk’s Office. __ I respectfully request to be re-appointed. __ I do not desire to be re-appointed. Zachary Francisco-Gomez: _____ Signature X Page 46 of 180 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 47 of 180 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 48 of 180 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 49 of 180 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 50 of 180 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 51 of 180 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 52 of 180 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 53 of 180 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 54 of 180 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 55 of 180 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, Interim City Clerk Meeting Date: Tuesday, March 7, 2023 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: February 7, 2023 City Council Special Meeting February 7, 2023 City Council Regular Meeting February 21, 2023 City Council Special Meeting February 21, 2023 City Council Regular Meeting FINANCIAL STATEMENT: None. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Not Applicable. ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – February 7, 2023 City Council Special Meeting – Meeting Minutes Exhibit B – February 7, 2023 City Council Regular Meeting – Meeting Minutes Exhibit C – February 21, 2023 City Council Special Meeting – Meeting Minutes Exhibit D – February 21, 2023 City Council Regular Meeting – Meeting Minutes Page 56 of 180 SPECIAL MEETING MINUTES OF THE CITY COUNCIL February 7, 2023, 4:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Mayor Morrison Vice-Mayor Molina Councilmember Bush Councilmember Rodriguez Councilmember Yamane (arrived at 5:00 p.m.) Others Present: Brad Raulston, City Manager Barry J. Schultz, City Attorney Frank Parra, Assistant City Manager Pedro Garcia, Economic Development Manager Shelley Chapel, Interim City Clerk (via Zoom) Tonya Hussain, Executive Secretary _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 4:06 p.m. by Mayor Morrison. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Bush led the Pledge of Allegiance. Page 57 of 180 4. PUBLIC COMMENT No Public Comment was received. 5. CLOSED SESSION Members retired into Closed Session at 4:09 p.m. (Councilmember Yamane arrived at 5:00 p.m.) including City Manager Raulston, Assistant City Manager Parra, Economic Development Manager Garcia, and City Attorney Schultz. All left the Closed Session Meeting Room following the first item except Councilmembers and City Attorney Schultz who stayed and returned to open session at 5:59 p.m. with all members present in attendance: Morrison, Molina, Bush, Rodriguez, Yamane. Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following this meeting at 6:00 p.m. 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d) Number of potential case: 1 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957.6 Positioned to be Reviewed: City Manager 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, February 7, 2023, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 6:00 p.m. __________________________ LaTonya Hussain, Executive Secretary The foregoing minutes were approved at the Regular Meeting of March 7, 2023. __________________________ Ron Morrison, Mayor Page 58 of 180 REGULAR MEETING MINUTES OF THE CITY COUNCIL February 7, 2023, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Mayor Morrison Vice-Mayor Molina Councilmember Bush Councilmember Rodriguez Councilmember Yamane Others Present: Brad Raulston, City Manager Barry Schultz, Interim City Attorney Frank Parra, Assistant City Manager Shelley Chapel, Interim City Clerk (via Zoom) Carlos Aguirre, Director of Housing Molly Brennan, Administrative Services Director Alex Hernandez, Police Captain Tonya Hussain, Executive Secretary Joanne McGhee, Community Services Manager Sergio Mora, Fire Battalion Chief Joyce Ryan, Library & Community Services Director Armando Vergara, Director of Community Development Paul Valadez, Budget Manager Roberto Yano, Director of Public Works and City Engineering _____________________________________________________________________ Page 59 of 180 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:12 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: Morrison, Molina, Bush, Rodriguez, Yamane Other elected officials: Treasurer Mitch Beauchamp Administrative Officials present: Raulston, Parra, Schultz, Chapel (via Zoom), Aguirre, Brennan, Hussain, McGee, Mora, Ryan, Hernandez, Valadez, Vergara, Yano Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Vice-Mayor Molina led the Pledge of Allegiance. Innovation was delivered by National City Clergy Association Pastor Eddie Dueñas. Item 5.2 heard out of order. 5.2 Presentation of Proclamation - 82nd Airborne Division, San Diego Chapter - Honor Guard Day Mayor Morrison presented the proclamation to the 82nd Airborne Division. 4. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced Interim City Clerk Chapel. Two (2) speaker slips were received for in-person comment and five (5) people provided virtual comment. Comment received via Zoom: Terri-Ann Skelly Gina Austin Becky Rapp Peggy Walker Judith Strang In-Person Comment: Geoffrey Schrock Laura Wilkinson Page 60 of 180 5. PROCLAMATIONS AND RECOGNITION 5.1 Introduction of New City Employees City Manager Brad Raulston presented the item and recognized the new employees. Director Brennan introduced Hasani Wiggins, HR Manager and Fire Chief Mora introduced five (5) new recruits. 6. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Vice-Mayor Molina provided an update on the San Diego Association of Governments Board. Councilmember Bush provided an update on the business of the Metropolitan Transit Service. Councilmember Yamane provided an update on the San Diego County Water Authority. Mayor Morrison spoke to his appointments and provided an update on the business of the Sweetwater Authority and the South County Economic Development Council. Councilmember Rodriguez spoke to his appointment on the Public Safety Committee for San Diego Association of Governments and for the Metropolitan Transit Service. 7. CONSENT CALENDAR ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to approve the Consent Calendar Items 7.1 through 7.3, item 7.6 and items 7.8 through 7.10 with Item 7.4 pulled for discussion by Councilmember Bush and Item 7.7 pulled for discussion by Vice-Mayor Molina. Motion carried by unanimous vote. 7.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda Motion carried by unanimous vote 7.2 Approval of City Council Meeting Minutes. Approve and file. Motion carried by unanimous vote 7.3 Authorizing the City to piggyback onto San Diego Unified Port District Agreement #70-2022MA with Data Ticket, Inc., for Parking Citation Processing Services in a not-to-exceed amount of $70,000. Adopted Resolution No. 2023-05. Page 61 of 180 One online comment was received from Ted Godshalk. Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto San Diego Unified Port District Agreement #70-2022MA with Data Ticket, Inc., for Parking Citation Processing Services in a not-to-exceed amount of $70,000.“ Motion carried by unanimous vote 7.4 Approval of Agreement with EXOS Community Services LLC for Las Palmas Pool Operations City Manager Brad Raulston provided a report on the item. EXOS Aquatic Manager Dillon Delaney participated virtually and answered questions posed by the City Council. Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to Execute a Service Agreement between the City of National City and EXOS Community Services, LLC, to provide Aquatic Programs and Services at Las Palmas Pool located at 1800 East 22nd Street.” ACTION: Motion by Councilmember Bush, seconded by Rodriguez to continue the item to a future meeting to allow staff time to return with a proposed budget. Friendly amendment by Councilmember Bush, seconded by Councilmember Rodriguez that the item return no later than the March 7, 2023 City Council meeting. Motion carried by unanimous vote. 7.5 Memorandum of Agreement between the California Department of Transportation and the City of National City for the preparation and approval of the environmental document for the I-5/SR-15/Harbor Drive 2.0 Connected Corridor project. Adopted Resolution No. 2023-07. Resolution of the City Council of the City of National City, California, Authorizing City Manager or Designee to Execute a Memorandum of Agreement between the California Department of Transportation and the City of National City for the Preparation and Approval of the Environmental Document for the I-5/SR- 15/Harbor Drive 2.0 Connected Corridor Project. Motion carried by unanimous vote Page 62 of 180 7.6 Acceptance of a Grant of Easement and Right-of-Way from National Plaza LLC and Plaza Blvd LLC for the private street commonly known as a portion of N Avenue, for the installation of bicycle lanes and other improvements. Adopted Resolution No. 2023-08. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting and Authorizing the City Manager to Sign a Grant of Easement and Right-of-Way from National Plaza LLC, and Plaza Blvd LLC, for the private street commonly known as a portion of N Avenue, for the installation of bicycle lanes and other improvements associated with the Central Community Mobility Enhancements Project, CIP No. 19-23.” Motion carried by unanimous vote 7.7 Semi-Annual Report – Boards, Commissions, and Committee Attendance Report – Includes Fourth Quarter and Full Calendar Year 2022 Vice-Mayor Molina thanked Commissioners and Committee members and recognized those with perfect attendance. Recommendation: Receive and file. ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Bush to approve the staff recommendation. SUBSTITUTE MOTION: Motion by Councilmember Rodriguez, seconded by Mayor Morrison to amend the report to include the attendance record of Councilmember Yamane for the Planning Commission and Housing Advisory Committee. Motion carried by unanimous vote 7.8 Temporary Use Permit – Circus Vargas event sponsored by Circus Vargas from February 17, 2023 to February 27, 2023 at the Westfield Plaza Bonita Mall with no waiver of fees. Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. Motion carried by unanimous vote 7.9 Warrant Register #23 for the period of 12/2/22 through 12/8/22 in the amount of $715,173.08. Ratify Warrants Totaling $715,173.08 Motion carried by unanimous vote Page 63 of 180 7.10 Warrant Register #24 for the period of 12/9/22 through 12/15/22 in the amount of $3,727,077.84 Ratify Warrants Totaling $3,727,077.84 Motion carried by unanimous vote 8. PUBLIC HEARING Notice of the Public Hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than specified in the notice. 8.1 Public Hearing and Introduction of Multiple Ordinances Amending the National City Municipal Code Chapters 15.08, 15.14, 15.20, 15.24, 15.28, 15.75, 15.78, and 15.79 related to California Codes for Fire, Electrical, Energy, Building, Plumbing, Mechanical, Director of Community Development Vergara presented the item. Mayor Morrison declared the Public Hearing open at 7:39 p.m. There was no public comment. Recommendation: Introduce the Ordinances for the 2022 California Fire Code and the National Fire Protection Association Standards; the 2022 California Building Code; the 2022 California Electrical Code and 2020 National Electrical Code; the 2022 California Energy Code; Appendix J of the 2022 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2022 California Green Building Standards Code; the 2022 California Mechanical Code; the 2022 California Plumbing Code; and the 2022 California Residential Code and all Appendices related to these Codes; receive public input; and schedule for the meeting of February 21, 2023, for consideration and adoption. ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to close the public hearing. Motion carried by unanimous vote. Public Hearing closed at 7:40 p.m. 8.2 Public Hearing and Introduction of an Ordinance of the City Council of the City of National City, California Establishing the Compensation of the Mayor and City Council. City Attorney Schultz presented the report. Mayor Morrison declared the Public Hearing open at 7:42 p.m. In-Person Public Comment: Mitchel Beauchamp Page 64 of 180 ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Bush to close the public hearing. Motion carried by unanimous vote. Public Hearing closed at 7:43 p.m. Recommendation: Introduce an ordinance adjusting Mayor and City Council compensation in accordance with City Council direction. ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to bifurcate compensation for the Mayor and City Council and decrease the compensation to 15% for the Mayor. Substitute Motion by Councilmember Yamane, seconded by Mayor Morrison to approve the Introduction of the Ordinance. Motion carried by 3-2 vote. Ayes: Morrison, Molina, Yamane Nays: Bush, Rodriguez 9. STAFF REPORTS 9.1 Senior Nutrition Infrastructure Grant Acceptance Approved Resolution No. 2023-09. Community Services Manager McGee presented the item. Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an amendment to the agreement between the City of National City and the County of San Diego to accept the Senior Nutrition Infrastructure Grant and establish grant fund appropriations of $198,815 and corresponding revenue budget.” ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to approve the staff recommendation. Motion carried by unanimous vote by those present. Councilmember Bush left the dais at 7:59 p.m. and returned at 8:05 p.m. 9.2 Resolution of the City Council of the City of National City, California authorizing various fiscal year 2023 first quarter budget adjustments Approved Resolution No. 2023-10. Budget Manager Valadez presented the report. Page 65 of 180 Recommendation: Accept the staff report and adopt the resolution authorizing fiscal year 2023 supplemental budget appropriations. ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to approve the staff recommendation. Motion carried by unanimous vote. 10. CITY MANAGER’S REPORT City Manager Raulston introduced staff who provided updates. Director of the Housing Authority Aguirre provided a report on the House National City Opt-in Density Bonus Program. Director of Engineering & Public Works Yano provided a report on the Eastside I-805 Community Greenbelt Project. 11. ELECTED OFFICIALS REPORT 11.1 POLICY 105 REQUEST - Street Sweeping Schedule and Associated Policy/Procedures Requested by Councilmember Rodriguez ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to add the item to the next agenda. Motion carried by 4-1 vote. Ayes: Morrison, Bush, Rodriguez, Yamane Nays: Molina 11.2 POLICY 105 REQUEST - City Council Policy #901 Management of Real Property (Sale, Lease, Rental, Surplus) Requested by Councilmember Rodriguez ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to add the item to the next City Council meeting. Motion carried by unanimous vote. Closing remarks were provided by Members of the City Council. 12. CITY ATTORNEY REPORT CLOSED SESSION Mayor Morrison introduced Interim City Attorney Schultz who announced that there was no reportable action from the earlier Closed Session items. 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d) Number of potential case: 1 Page 66 of 180 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957.6 Positioned to be Reviewed: City Manager 13. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, February 21, 2023 – 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 8:37 p.m. __________________________________ LaTonya Hussain, Executive Secretary The foregoing minutes were approved at the Regular Meeting of March 7, 2023 ________________________________ Ron Morrison, Mayor Page 67 of 180 SPECIAL MEETING MINUTES OF THE CITY COUNCIL February 21, 2023, 4:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Mayor Morrison Vice-Mayor Molina Councilmember Bush (arrived at 4:12) Councilmember Rodriguez Councilmember Yamane Others Present: Brad Raulston, City Manager Barry J. Schultz, City Attorney Frank Parra, Assistant City Manager Shelley Chapel, Interim City Clerk Molly Brennan, Director of Administrative Services Tonya Hussain, Executive Secretary 1. CALL TO ORDER The meeting was called to order at 4:11 p.m. by Mayor Morrison. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Rodriguez led the Pledge of Allegiance. 4. PUBLIC COMMENT No Public Comment was received. Page 68 of 180 5. CLOSED SESSION Members retired into Closed Session to discuss Item 1 at 4:11 p.m. and returned at 5:00 p.m. with all members present in attendance: Morrison, Molina, Bush (arrived 4:12 p.m.), Rodriguez, Yamane, Raulston, Parra, Brennan, Schultz, and Special Counsel Coppedge (Via Zoom). 5.1 LIABILITY CLAIM Government Code Section 54957 Claimant: Graham Young Agency Claimed Against: Graham Young v. City of National City Members stayed in the Closed Session to discuss Item 2 at 5:00 p.m. and returned at 6:09 p.m. with all members present in attendance: Morrison, Molina, Bush, Rodriguez, Yamane, Schultz, and Raulston (joined at 5:45 as requested). 5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957.6 Position to be reviewed: City Manager Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following this meeting at 6:00 p.m. 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, February 21, 2023, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 6:09 p.m. __________________________ Shelley Chapel, MMC, Interim City Clerk The foregoing minutes were approved at the Regular Meeting of March 7, 2023. __________________________ Ron Morrison, Mayor Page 69 of 180 REGULAR MEETING MINUTES OF THE CITY COUNCIL February 21, 2023, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Mayor Morrison Vice-Mayor Molina Councilmember Bush Councilmember Rodriguez Councilmember Yamane Others Present: Brad Raulston, City Manager Barry Schultz, City Attorney Frank Parra, Assistant City Manager Shelley Chapel, Interim City Clerk (via Zoom) Carlos Aguirre, Director of Housing Molly Brennan, Administrative Services Director Tonya Hussain, Executive Secretary Sergio Mora, Fire Battalion Chief Joyce Ryan, Library & Community Services Director Jose Tellez, Police Chief Armando Vergara, Director of Community Development Roberto Yano, Director of Public Works and City Engineering _________________________________________________________________ Page 70 of 180 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:19 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: Morrison, Molina, Bush (via Zoom), Rodriguez, Yamane Other elected officials: Treasurer Mitch Beauchamp Administrative Officials present: Raulston, Parra, Schultz, Chapel (via Zoom), Aguirre, Brennan, Hussain, Mora, Ryan, Tellez, Vergara, Yano Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Yamane led the Pledge of Allegiance. Invocation was delivered by Father Cholo Sungcad from St. Mary's Catholic Church. 4. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced Interim City Clerk Chapel. Two (2) speaker slips were received for in-person comment and four (4) people provided virtual comment. Comment received via Zoom: Terri-Ann Skelly Kelly McCormick Judith Strang Barbara Gordon In-person comment: Geoffrey Schrock Erien Ferrer and Jafet Gomez 5. PROCLAMATIONS AND RECOGNITION 5.1 Black History Month Page 71 of 180 Mayor Morrison introduced People's Association of Justice Advocates President Shane Harris; Young Black & 'N Business founder Roosevelt Williams III; and, Black Chamber of Commerce Board Chairman Bruce Mayberry and presented the proclamation. One public comment from Joan Rincon was withdrawn. 6. PRESENTATION (Limited to Five (5) Minutes each) 7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Yamane spoke to her recent visit to Loveland Reservoir. Councilmember Rodriguez provided an update on the business of the Metropolitan Transit Service and his appointment on the Public Safety Committee for San Diego Association of Governments. Port of San Diego Commissioner Sandy Naranjo provided an update on the National City's portion of public tidelands. 8. CONSENT CALENDAR ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to approve the Consent Calendar Items 8.1 through 8.5, Items 8.7 through 8.13 with Item 8.6 pulled for public comment. 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 Adoption of Resolution Appointing Councilmember Yamane to the San Diego County Water Authority Board of Directors. Adopted Resolution No. 2023-11. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the San Diego County Water Authority Board of Directors.” Motion carried by unanimous vote. 8.3 Approval and Adoption of a Resolution Authorizing the Acceptance of Justice Assistance Grant (JAG) and Appropriation of Funds to Purchase Over-the-Ear Hearing Protection Equipment. Page 72 of 180 Adopted Resolution No. 2023-12. Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the National City Police Department’s Grant Application in the Amount of $26.098.00 to the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to Purchase Lightweight Tactical Over-the-Ear Hearing Protection for the SWAT Radio Communication System, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget.” Motion carried by unanimous vote. 8.4 Approval of Creation of One (1) New Job Classification and Amending the Executive Salary Schedule.” Adopted Resolution No. 2023-13. Approve the Resolution entitled, “Resolution of the City Council of the City of National City, California, Creating one (1) New Job Classification and Amending the Executive Salary Schedule.” Motion carried by unanimous vote. 8.5 Citywide Desktop Computer Lifecycle Replacements Adopted Resolution No. 2023-14. Adopt a Resolution of the City Council of the City of National City, California, waiving the bid process by utilizing pricing and contracts, amendments, and extensions from the National Association of State Procurement Officials (NASPO) ValuePoint Agreement with Dell Technologies, Inc. to purchase computer hardware, software, and related services for an amount not to exceed $369,628.00 pursuant to National City Municipal Code Section 2.60.260. Motion carried by unanimous vote. 8.6 Authorizing establishment of appropriations and purchases for CIP Fleet Vehicle Equipment and Accessories Adopted Resolution No. 2023-15. Mayor Morrison introduced the item. One public comment was received from Coyote Moon. Page 73 of 180 Comment received via Zoom: Terri-Ann Skelly Adopt a Resolution of the City Council of the City of National City, California, 1) authorizing the establishment of appropriations in the amount of $382,000 waiving the formal bid process pursuant to NCMC 2.60.260 regarding cooperative purchasing, and authorizing the purchase and buildout of one (1) Aerial Boom Truck for Public Works Parks Division from PB Loader in a not-to-exceed amount of $381,611.63; 2) authorizing additional appropriations in the amount of $8,000 for the purchase and buildout of one (1) Medium Crew Cab Truck for the National City Fire Department from National Auto Fleet in a not -to-exceed amount of $237,928.30; 3) waiving the formal bid process pursuant to NCMC 2.60.220 (B) regarding open market procedure - exception to bidding requirements and authorizing the purchase and buildout of two (2) motorcycles for the National City Police Department from sole source vendor Long Beach BMW Motorcycle in a not -to-exceed amount of $71,542.42, and; 4) authorizing the City Manager to approve adjustments to the not-to-exceed amounts and additional appropriations for these purchases of up to $172,770 as a 25% contingency for unforeseen fluctuations in pricing.” ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to adopt the resolution. Motion carried by unanimous vote. 8.7 Installation of a blue curb disabled persons parking space with signage in front of the residence at 140 W. Plaza Blvd. Adopted Resolution No. 2023-16. Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing the installation of a blue curb disabled persons parking space with signage in front of the residence at 140 W. Plaza Blvd”. Motion carried by unanimous vote. 8.8 Installation of red curb “No Parking” at the intersection of the Alley between E. 6th Street and E. 7th Street with M Avenue. Adopted Resolution No. 2023-17. Page 74 of 180 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the installation of red curb “No Parking” at the intersection of the Alley between E. 6th Street and E. 7th Street with M Avenue in order to enhance safety and visibility for drivers when exiting the Alley onto M Avenue.” Motion carried by unanimous vote. 8.9 Temporary Use Permit – Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on March 18, 2023 from 10 a.m. to 2:15 p.m. with no waiver of fees. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. Motion carried by unanimous vote. 8.10 Temporary Use Permit – National Day of Prayer sponsored by Heart Revolution Church at Kimball Park Bowl on May 4, 2023 with no waiver of fees. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. Motion carried by unanimous vote. 8.11 Investment transactions for the month ended November 30, 2022. Accept and file the Investment Transaction Ledger for the month ended November 30, 2022. Motion carried by unanimous vote. 8.12 Warrant Register #27 for the period of 12/30/22 through 1/05/23 in the amount of $ 1,926,754.42 Ratify Warrants Totaling $ 1,926,754.42 Motion carried by unanimous vote. Page 75 of 180 8.13 Warrant Register #28 for the period of 01/06/23 through 1/12/23 in the amount of $ 2,312,382.68 Ratify Warrants Totaling $ 2,312,382.68 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 Public Hearing and Adoption of Multiple Ordinances Amending the National City Municipal Code Chapters 15.08, 15.14, 15.20, 15.24, 15.28, 15.75, 15.78, and 15.79 related to California Codes. Adopted Ordinance Nos. 2023-2508 through 2023-2515. Director of Community Development Vergara presented the item. Mayor Morrison declared the Public Hearing open at 7:09 p.m. There was no public comment. ACTION: Motion by Councilmember Yamane, seconded by Councilmember Bush to close the public hearing. Motion carried by unanimous vote. Public Hearing closed at 7:10 p.m. Recommendation: Adoption of the Ordinances for the 2022 California Fire Code and the National Fire Protection Association Standards; the 2022 California Building Code; the 2022 California Electrical Code and 2020 National Electrical Code; the 2022 California Energy Code; Appendix J of the 2022 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2022 California Green Building Standards Code; the 2022 California Mechanical Code; the 2022 California Plumbing Code; and the 2022 California Residential Code and all Appendices related to these Codes; receive public input; and schedule for the meeting of February 21, 2023, for consideration and adoption. ACTION: Motion by Councilmember Bush, seconded by Councilmembe r Yamane to adopt the Ordinances. Motion carried by unanimous vote. Page 76 of 180 9.2 Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California Establishing the Compensation of the Mayor and City Council. Mayor Morrison introduced the item. Mayor Morrison declared the Public Hearing open at 7:11 p.m. One public comment was received from Paul Wapnowski. ACTION: Motion by Councilmember Bush, seconded by Councilmember Yamane to close the Public Hearing. Motion carried by unanimous vote. Public Hearing closed at 7:14 p.m. Recommendation: Adopt an ordinance adjusting the Mayor and City Council compensation in accordance with City Council direction. ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Molina to bifurcate compensation for the Mayor and City Council and decrease the Mayor’s compensation increase from 30% to 15%. Substitute Motion by Mayor Morrison to amend the compensation to a 15% increase for the Mayor and City Council. Motion died for lack of a second. Original Motion: Motion carried by 4-1 vote. Ayes: Bush, Molina, Rodriguez, Yamane Nays: Morrison 10. STAFF REPORTS 10.1 Approval of Agreement with EXOS Community Services LLC for Las Palmas Pool Operations Library & Community Services Manager Ryan presented the item utilizing a PowerPoint presentation. EXOS Aquatics Manager Dillon Delaney provided a PowerPoint presentation. Comment received via Zoom: Coyote Moon Page 77 of 180 In-person comment: Mary Alice Hoss Joan Rincon Karla Apalategui Mitchel Beauchamp Leticia Pena Paul Wapnowski Patricia Sainz James Kim Alonso Garcia Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a Service Agreement between the City of National City and EXOS Community Services, LLC, to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street.” ACTION: Motion by Vice-Mayor Molina, seconded by Mayor Morrison to approve the staff recommendation. Substitute Motion by Councilmember Bush to extend the EXOS contract for one year and amend the contract to prioritize local hire. Motion died for lack of a second. Substitute Motion by Councilmember Rodriguez, seconded by Councilmember Bush to extend the EXOS contract for two years and amend the contract to prioritize local hire. Motion carried by 4-1 vote. Ayes: Molina, Bush, Rodriguez, Yamane Nays: Morrison Councilmember Bush left the dais at 7:47 p.m. and returned at 7:49 p.m. Vice-Mayor Molina exited the dais at 8:43 p.m. and returned at 8:45 p.m. Mayor Morrison called for a recess at 8:53 p.m., the meeting reconvened at 9:02 p.m. with all members present. 10.2 City Council discussion and direction regarding revisions to City Council Policy #901 Management of Real Property (Sale, Lease, Rental, Surplus) with the intent to expand homeownership opportunities on City-owned parcels. Director of Housing Aguirre presented the item. Page 78 of 180 Recommendation: Provide direction to staff on potential revisions to City Council Policy #901. ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane for staff to provide at a future City Council meeting, language within City Council Policy 901 to prioritize homeownership development opportunities on City-owned properties and that 75% or more of affordable housing units be apportioned for qualifying National City residents. Motion carried by unanimous vote. 10.3 Street Sweeping Program Director of Public Works and City Engineering Yano presented the item. Recommendation: Accept report and provide direction. ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush for staff to provide various financial options for sign installation, to prioritize the busiest streets, and include the item in the Strategic Plan/Goal Setting timeline. Motion carried by 4-1 vote. Ayes: Morrison, Bush, Rodriguez, Yamane Nays: Molina 10.4 2023 Goal Setting and Budgeting Kick-Off City Manager Raulston and Administrative Services Director Bren nan presented the item. In-person public comment received from Joan Rincon. Recommendation: Confirm process and proposed dates and provide direction to staff on initial City Council Priorities. City Councilmembers provided direction to staff. 11. CITY MANAGER’S REPORT City Manager Raulston introduced staff Directors who provided various updates. Director of Public Works and City Engineering Yano spoke to preparations made for the upcoming storm. Police Chief Tellez provided a report on an operation to address human trafficking. Page 79 of 180 Director of Community Services Ryan announced the release of the City's quarterly newsletter. In-person public comment received from SEIU 221 representative Morgan White. 12. ELECTED OFFICIALS REPORT Closing remarks were provided by the City Council. 13. CITY ATTORNEY REPORT CLOSED SESSION Mayor Morrison introduced City Attorney Schultz who announced that there was no reportable action for Closed Session Item 5.1 and that the City Manager and City Council concluded the discussion of the mutual expectation for the relationship between the City Council and the City Manager for Closed Session Item 5.2. 5.1 LIABILITY CLAIM Government Code Section 54957 Claimant: Graham Young Agency Claimed Against: Graham Young v. City of National City 5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54956.9(d) Position to be Reviewed: City Manager 14. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, March 7, 2023 – 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 10:35 p.m. __________________________________ LaTonya Hussain, Executive Secretary The foregoing minutes were approved at the Regular Meeting of March 7, 2023 ________________________________ Ron Morrison, Mayor Page 80 of 180 AGENDA REPORT Department: Library and Community Services Prepared by: Joanne McGhee, Community Services Manager Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Supporting Healthy Aging through Parks and Recreation (SHAPR) Grant Funds Acceptance RECOMMENDATION: Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the acceptance of the Supporting Healthy Aging Through Parks and Recreation (SHAPR) grant from the National Recreation Park Association (NRPA) in the amount of $4,000 to cover costs associated with the Walking with Ease program and the establishment of grant funds appropriations of $4,000 and corresponding revenue budget.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Library and Community Services Department was awarded the National Recreation and Park Association (NRPA) Supporting Healthy Aging through Parks and Recreation (SHAPR) grant to support the City’s Walking with Ease program. Funds will cover the expense of fitness trackers, fitness journals and marketing materials. The NRPA grant funds may be used to support healthy aging programs. The Walking with Ease program is intended to support the implementation of arthritis-appropriate evidence-based interventions such as Walking with Ease or Tai Chi for Arthritis through local parks and recreation. The Library and Community Services Department plan to utilize these funds to create more opportunities for senior wellness. FINANCIAL STATEMENT: Approval of the Resolution authorizes the establishment of a Supporting Healthy Aging through Parks and Recreation (SHAPR) grant appropriation of $4,000 and a corresponding revenue budget. No matching funds are required. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. Page 81 of 180 ORDINANCE: Not Applicable EXHIBITS: 1. Memorandum of Understanding between the City and NRPA 2. Resolution Page 82 of 180 Page | 1 of 8 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU), entered into as of the date of the last signature affixed hereto (Effective Date), is made between National Recreation and Park Association, Incorporated (DUNS #: 042642892), not-for-profit corporation and Section 501(c)(3) organization located at 22377 Belmont Ridge Road, Ashburn, Virginia, 20148 (“NRPA” or “Grantor”) and City of National City, a provider of park, recreation, or community services (Unique Entity ID: 95 -2558328, with a mailing address of Att: Community Services Department. 1243 National City Blvd., CA 91950 (“Grantee”). 1. Purpose The purpose of this MOU is to confirm approval of the terms governing the acceptance and use of Four Thousand Dollars ($4,000) (Grant Funds) made available to Grantee for the implementation of the project selected for grant funding (“Project”): Supporting Healthy Aging through Parks and Recreation. Grantee will also receive two (2) instructor trainings and related supporting program materials for the Walk With Ease program. This grant opportunity is the result of a partnership between NRPA and the Centers for Disease Control and Prevention (CDC), supported by the Funding Opportunity Announcement (FOA) Number: DP21-2106 and Award No. 1 NU58DP006985-01-00, dated July 16, 2021. NRPA is managing the administration of the grant program (Program). Grants made through this Program are intended to support the implementation of arthritis-appropriate evidence-based interventions (AAEBIs) (i.e., Active Living Every Day, Enhance Fitness®, Fit & Strong!, Walk With Ease, or Tai Chi for Arthritis) through local parks and recreation. Having been selected as a recipient of Grant Funds through this Program, Grantee is required to accept the terms contained within this MOU in order to receive the Grant Funds and participate in this Project. 2. Project Funding A. Within thirty (30) days upon execution of this MOU and a copy of the proposed project budget and delivery to NRPA, NRPA will send Grantee a check or wire transfer in the amount of FOUR THOUSAND DOLLARS ($4,000.00) B. Grant Funds will be distributed by NRPA C. No matching funds are required D. It is expressly understood that the NRPA has no obligation to provide additional funds to the Grantee for this Project or any other project or purposes. 3. Grantee Requirements Grantee will use the Grant Funds to: A. Increase the availability and sustainability of AAEBIs provided through local parks and recreation. B. Participate in NRPA’s virtual Grantee Kick Off Call on February 1, 2023. C. Participate in the Supporting Healthy Aging through Parks and Recreation Community of Practice (CoP).  Participate in monthly calls with NRPA staff and consultants. Dates TBD.  Engage with other CoP members to increase the equitable dissemination, delivery and sustainability of AAEBIs through park and recreation agencies. D. Work to enroll 150 participants in Walk With Ease by July 31, 2024. Page 83 of 180 Page | 2 of 8 E. Collaborate with NRPA to conduct evaluation and AAEBI tracking activities and submit information quarterly to NRPA as requested regarding:  Reach of AAEBIs (# of participants, demographics, etc.)  Completion of instructor trainings  Updates on project status and timeline for planned activities/elements  Impact stories  Pictures documenting progress and activities (if applicable) F. Participate in other AAEBI implementation and delivery evaluation activities as requested including interviews, focus groups, hosting a site visit, and surveys to document best practices to help inform resources and tools related to recruitment and partnership building. G. Conduct local community outreach through web, social media, and local press release to help promote the Project in accordance with all press and promotional prior approvals. NRPA will provide a toolkit of sample content for this outreach. H. Document and share with NRPA success stories, press releases, photos, videos, quotes, local media coverage and highlights throughout the project and grant period. I. Complete project and submit a final report (template provided by NRPA) by July 31, 2024, describing the success(es) of the project and how the grant funds were utilized upon completion of the project. 4. Promotion NRPA and CDC may use Grantee and/or park names, photos, and/or information in connection with the Project for promotional or other purposes associated with the Project, in any and all media, without limitation and without further payment, notification, or permission, except where prohibited by law. If the Grantee’s photo release form does not cover promotional and other uses, NRPA can provide one upon request. NRPA also grants City of National City a limited, non-exclusive, and royalty-free license to use NRPA’s name, trademark, logos, and other identifying marks ("Licensed Marks") for promotional or other purposes associated with the Project, unless prohibited by law. NRPA shall have the right to review and approve the use of the Licensed Marks, as well as any and all related promotional and advertising material, in order to ensure that the use of the Licensed Marks meets NRPA’s quality assurance standards. Grantee shall provide NRPA an opportunity to review and approve any statement, message or use of CDC logo related to this grant or Project in advance of its release to the public. Any promotion, public announcement, or promotion relating to the Grant Funds or Project shall be subject to the prior review of CDC and NRPA. All Parties shall retain all title, ownership, rights, and intellectual property rights in their own respective marks, logos, content, materials, tools and intellectual property. Under no circumstance will any Party to this MOU use another Party’s Licensed Marks in a false, misleading, or disparaging manner. Upon completion of the Project, Parties shall, at their own expense, return all copies Licensed Marks to their respective owners beyond what is necessary for record-keeping purposes. 5. Limits of Liability To the fullest extent permitted by applicable law, Grantee hereby releases CDC and NRPA, and each of their directors, officers, managers, members, employees, agents, attorneys, advisors, consultants, volunteers and other Page 84 of 180 Page | 3 of 8 like parties (collectively the “Support Parties”), from any liability whatsoever relating to or arising out of the Project or the use of the Grant Funds. Grantee further waives any right to sue or bring any action of any kind against the Support Parties relating to or arising out of the Project or the use of the Grant Funds. This limitation of liability shall apply whether the Support Parties’ liability arises due to breach of contract, breach of warranty, or as a result of tortious conduct, including, but not limited to, negligence (of any kind), strict liability, statutory liability, or any other causes of action. NRPA’s liability, if any, arising out of or in any way related to the relationship and/or dealings between NRPA and Grantee, shall be limited to the payment amounts paid pursuant to this MOU. NRPA shall not be liable for any damages caused by or arising out of the acts or omissions of a third party. 6. Indemnification To the fullest extent permitted by applicable law, Grantee shall indemnify, defend and hold harmless the Support Parties from any and all causes of action, suits, settlements, judgments, liens, indebtedness, damages, losses, costs, expenses, fees (including attorney’s fees and costs), penalties, claims, claims for relief, liabilities and demands of every kind, nature, and character (collectively, “Claims”) relating to or arising out of: (i) Grantee’s involvement in the development, planning, demolition, construction, installation, implementation, maintenance, repair and/or management of the Project; (ii) any failure by Grantee to comply with any applicable laws, rules and/or regulations (including, without limitation, building, safety and fire codes, etc.); (iii) Grantee’s negligence, misconduct, or malfeasance of Grantees or their agents or representatives; or (iv) any breach by Grantee of any agreement involving the Project or the use of the Grant Funds. In no event shall the Support Parties be liable for any punitive, exemplary, special, incidental, indirect or consequential damages of any kind (including, but not limited to loss of profits, loss of reputation and/or loss of current or prospective business advantage, even where such losses are characterized as direct damages) arising out of or in any way related to the relationship and/or dealings between the parties, regardless of whether the claim under which damages are sought is based upon contract, tort, negligence (of any kind), strict liability or otherwise, and regardless of whether the parties have been advised of the possibility of such damages at the time of contracting or otherwise. 7. Confidentiality During the term of this MOU, the Parties may learn certain Confidential Information of each other. For purposes of this MOU, Confidential Information means the confidential and proprietary information, not generally known by non-party personnel, used by the disclosing party and which is proprietary to the disclosing party, and includes, without limitation, the disclosing party's trade secret or proprietary personnel, financial, marketing and business information, including strategic, operations and other business plans or forecasts, and Confidential Information provided by the disclosing party regarding its employees, customers, vendors, sponsors and other contractors. The receiving party shall: (i) protect and safeguard the confidentiality of the disclosing party’s Confidential Information with at least the same degree of care as the receiving party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) n ot use the disclosing party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this MOU; and (iii) not disclose any such Confidential Information to any person, except to the receiving party’s officers, employees, consultants, accountants, and legal advisors who are bound by written confidentiality obligations and have a need to know the Confidential Information to assist the receiving party, or act on its behalf, to exercise its rights or perform its obligations under this MOU. 8. Term Page 85 of 180 Page | 4 of 8 This MOU shall be effective as of the Effective Date hereof and shall continue until July 31, 2024 (the “Term”) in accordance with Section 11. 9. Use of Grant Funds The Grantee shall use the full amount of the Grant Funds exclusively for the purposes set forth in Section 1. Unless otherwise agreed in writing by the Grantor, the Grantee shall return any portion of the Grant Funds and the income earned thereon that is not expended for such purposes in accordance with Section 11. All unspent or uncommitted Grant Funds shall be invested in highly liquid investments (such as an interest-bearing bank account) with the primary objective being preserving the Grant Funds availability for the Project. Any interest or other income generated by the Grant Funds must be applied to the purposes described in the Grant Project. The Grantee agrees not to use any portion of the grant or any income derived from the grant for the following: A. To carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1) of the Internal Revenue Code of 1986, as amended (the Code); B. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive within the meaning of Section 4945(d)(2) of the Code; C. To provide a grant to an individual for travel, study, or similar purpose within the meaning of Section 4945(g) of the Code, without prior written approval of Grantor. D. Payments of salaries, other compensation, or expense reimbursement to employees of the Grantee within the scope of their employment do not constitute “grants” for these purposes and are not subject to these restrictions; E. Except as expressly may be authorized in the approved Project , to provide a grant to any other organization without prior written approval of the Grantor; or F. To promote or engage in the following, but not limited to, acts that would create civil liability, criminal acts, criminal acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, national origin, religion, military and veteran status, disability, sex, age, or sexual orientation, or support of any entity that engages in these activities. G. To travel to NRPA’s Annual Conference or any other conference travel without written approval from Grantor. H. For research or clinical care except as allowed by law, or to purchase furniture or equipment. Any such proposed spending must be identified in the budget. I. Other than for normal and recognized executive-legislative relationships, no funds may be used for: a. Publicity or propaganda purposes, for the preparation, distribution, or use of any material designed to support or defeat the enactment of legislation before any legislative body. b. The salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before any legislative body. c. See Additional Requirement (AR) 12 for detailed guidance on this prohibition and additional guidance on lobbying for CDC recipients. 10. Audit Grantee is expected to keep and maintain detailed books and records relating to the Grant, and the Grant Funds (including, without limitation, all uses thereof and expenditures therefrom) (collectively, the “Records”) during Page 86 of 180 Page | 5 of 8 the Term and for a period of seven (7) years thereafter (the “Audit Period”). NRPA and its assigns have the right to audit the Grantee’s financial records relating to this MOU upon not less than ten (10) business days’ advance written notice to Grantee by NRPA at any time during the Audit Period, at NRPA’s sole expense, during Grantee’s normal business hours. If as a result of an audit, NRPA determines that Grant Funds were not spent in accordance with the purposes of this Grant, the Grantee shall: (1) be required to return any Grant Funds not substantiated, and (2) reimburse NRPA for all costs and expenses incurred in connection with such audit. If NRPA determines that Grant Funds were used for fraudulent purposes, the Grantee shall be barred from participation in any further programs. Grantee shall further indemnify, defend, and hold the Support Parties harmless from any acts or omissions relating to its fraudulent use of the Grant Funds. 11. Termination and Repayment Any party may terminate this MOU at any time for any reason upon providing the other party thirty (30) calendar days’ written notice. Further, either party may terminate this MOU at any time effective upon receipt of written notice by the other party of failure to perform. In the event that this MOU is terminated for any reason, Grantee shall promptly repay to NRPA any portion of the Grant Funds not already spent (subject to and in accordance with all of the terms and conditions hereof) as of the effective date of such termination. None of the Parties shall be liable to the other by reason of termination of this MOU for compensation, reimbursement or damages for any loss of prospective profits on anticipated sales or for expenditures, investments, leases or other commitments relating to the business or goodwill of any of the parties, notwithstanding any law to the contrary. No termination of this MOU shall release the obligation to pay any sums due to the terminating party which accrued prior to such termination. 12. Compliance with Laws. Grantee will comply in full with all applicable federal, state, and local laws and regulations and rules of governmental agencies and bodies relating to Grantee's acceptance and use of the Grant Funds, including those that govern gifts, donations, contributions, expenditures, and anything else of value that benefit, directly or indirectly, public officials. Grantee agree to notify Grantor immediately: (a) of any conduct on Grantee’s part that may be in violation of any applicable federal, state and local laws and (b) if Grantee receives notice of, or otherwise becomes aware of, any actual or threatened investigation, action, litigation, or disciplinary or other proceeding of which Grantee is or may be a subject in connection with the Grant Funds and to the extent permitted by applicable law, shall provide Grantor with all written notices and communications received by Grantee relating to or any such investigation, action, litigation, or disciplinary proceeding. Subgrantee agrees to abide by all federal laws, regulations, policies including: a. The CDC General Terms and Conditions for Non-research awards at: https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-Research-Awards.pdf. b. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and HHS Awards in 2 C.F.R. Part 200 and 45 C.F.R. Part 75. c. All other general terms and conditions here: https://www.cdc.gov/grants/federal-regulations- policies/index.html including: i. HHS Grants Policy Statement ii. Federal Funding Accountability and Transparency Act (FFATA) iii. Anti-Lobby Restrictions for CDC Grant Recipients iv. Grantee Notification Guidance on the Establishment of Subaccounts Page 87 of 180 Page | 6 of 8 13. No Agency; Relationship of the Parties Each party and their respective officers, employees, agents, contractors and/or consultants are independent contractors and are not, nor shall they hold themselves out to as or claim to be, employees or agents of the other party or any department, agency or unit thereof; accordingly, neither party shall have any authority to enter into any agreement on behalf of the other party or otherwise cause the other party to incur any obligations whatsoever other than as set forth herein. 14. Notices All notices, requests, demands and other communications required or permitted under this MOU must be in writing and will be deemed to have been duly given, made and received only (a) when personally delivered, or (b) on the date specified for delivery when deposited with an overnight courier service such as Federal Express for delivery to the intended addressee, or (c) when sent via facsimile, only so long as followed by a hard copy sent in a manner set forth in (a) or (b) above, or (d) when delivered via email, only so long as followed by a hard copy sent in a manner set forth in (a) or (b) above, each of the foregoing addressed as set forth below: City of National City 1243 National City Blvd., National City, CA 91950 Attn: Joanne McGhee/Community Services Email: jmcghee@nationalcityca.gov If to NRPA, to: National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148 Attn: Tiff Cunin, Senior Program Manager Email: tcunin@nrpa.org 15. Required Disclosures Grantees must disclose, in a timely manner in writing to NRPA and the U.S. Department of Health and Human Services Office of the Inspector General (HHS OIG), all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this grant award. Disclosures must be sent in writing to NRPA and to the HHS OIG at the following addresses: National Recreation and Park Association Kellie May, MTA Vice President of Programs & Partnerships 22377 Belmont Ridge Road Ashburn, VA 20148 Telephone: (703) 858.2176 Email: kmay@nrpa.org (Include “Mandatory Grant Disclosures” in subject line) AND Page 88 of 180 Page | 7 of 8 U.S. Department of Health and Human Services Office of the Inspector General ATTN: Mandatory Grant Disclosures, Intake Coordinator 330 Independence Avenue, SW Cohen Building, Room 5527 Washington, DC 20201 Fax: (202)-205-0604 (Include “Mandatory Grant Disclosures” in subject line) or Email: MandatoryGranteeDisclosures@oig.hhs.gov 16. Entire Agreement. This MOU supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter covered herein and contains all of the covenants and agreements between the parties with respect to the Grant purpose and Project in any manner whatsoever. Each party to this MOU acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this MOU shall be valid or binding. Any modification of this MOU will be effective only if it is in writing signed by the parties hereto. Any changes, additions or deletions to this MOU, including the Project, must be approved in writing by all the parties. This MOU and all amendments may be signed in counterparts, each of which will constitute one and the same document. Any signature delivered via facsimile or other electronic means shall be deemed an original signature to this MOU. The section headings contained in this MOU are for reference purposes only and shall not affect in any way the meaning or interpretation of this MOU. 17. Severability. If any term, covenant, or condition of this MOU or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOU, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each and every remaining term, covenant, or condition of this MOU shall be valid and enforced to the fullest extent permitted by law. These parties have caused this MOU to be signed by their duly authorized representatives as of the last date set forth below. National Recreation and Park Association City of National City By: _________________________ By: _______________________ Printed Name: _________________________ Printed Name: _______________________ Title: _________________________ Title: _______________________ Date: _________________________ Date: _______________________ Page 89 of 180 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF SUPPORTING HEALTHY AGING THROUGH PARKS AND RECREATION (SHARP) GRANT FROM THE NATIONAL RECREATION AND PARK ASSOCIATION (NRPA) IN THE AMOUNT OF $4,000 TO COVER COSTS ASSOCIATED WITH THE WALKING WITH EASE PROGRAM AND THE ESTABLISHMENT OF GRANT FUND APPROPRIATIONS OF $4,000 AND CORRESPONDING REVENUE BUDGET. WHEREAS, the National Recreation and Park Association has established the Supporting Healthy Aging in Parks Grant Program; and WHEREAS, the purpose of this program is to provide funds to nonprofit and/or exempt organizations that provide opportunities for healthy aging in parks, in regions with high social vulnerability; and WHEREAS, the City of National City applied for grant funding under the Supporting Healthy Aging in Parks Grant to fund the Walking with Ease program; and WHEREAS, the National Recreation and Park Association agrees to grant the City of National City $4,000 under the Supporting Healthy Aging in Parks Grant and the City of National City wishes to accept this grant; and WHEREAS, City staff recommends City Council authorize (1) acceptance of the Supporting Healthy Aging in Parks Grant from the National Recreation and Park Association in the amount of $4,000 to cover costs associated with the Walking with Ease program and (2) the establishment of Grant Fund appropriations of $4,000 and corresponding revenue budget; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the acceptance of the Supporting Healthy Aging in Parks Grant from the National Recreation and Park Association in the amount of $4,000 to cover costs associated with the Walking with Ease program and the establishment of Grant Fund Appropriations of $4,000 and 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 7th day of March, 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, Interim City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz, City Attorney Page 90 of 180 AGENDA REPORT Department: Engineering and Public Works Prepared by: Tirza Gonzales, Management Analyst II Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Project close-out and notice of completion for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) accepting the work performed by Whillock Contracting, Inc. for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07; 2) approving the final contract amount of $5,197,256.50; 3) ratifying the release of retention in the amount of $141,891.95; and 4) approving the signing of the Notice of Completion for the project.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Paradise Creek Park Site Remediation and Improvements Project provided the site remediation, grading and infrastructure improvements necessary to construct a new approximately 4-acre Community Park (under a separate phase) that consists of walking paths, community garden, playground and other amenities on the west side of Paradise Creek, between W. 22nd Street and W. 19th Street. More specifically, the scope of this project included installation of the gabion wall, park lighting, storm water pipes and structures, and landscaping. Funding was also used to reconstruct Harding Avenue and W. 20th Street to provide paved roadways, utilities, parking, new sidewalks and curb ramps for ADA compliance. On August 21, 2018, the bid solicitation was posted on PlanetBids, a public electronic bidding system for contractors. On August 23, 2018 and August 30, 2018, the bid solicitation was advertised in local newspapers. On September 27, 2018, nine (9) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. Bid results were available immediately after the 2:00 p.m. deadline. Whillock Contracting, Inc. (Whillock) was the apparent lowest bidder with a grand total bid amount of $5,877,475. The project specifications state that if an additive, alternate or additive/alternate bids items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shall be used to compare all bids to determine the lowest responsive bid. On October 1, 2018, Whillock maintained it made clerical errors in its bid and, on that basis, requested to withdraw its bid. Staff determined Whillock's request was unsubstantiated and requested additional information to prove the alleged errors were indeed clerical. On October 4, 2018, Whillock rescinded its requested withdrawal and agreed to perform work on the Project as the lowest responsive and responsible bidder. Page 91 of 180 Additionally, upon review of all documents submitted, Whillock's bid was deemed responsive. On October 16, 2018, the City Council adopted Resolution No. 2018-182 awarding the contract to Whillock Contracting, Inc., in the not-to-exceed amount of $5,219,250.00 and authorizing a 25% contingency of up to $1,304,812.50 for any unforeseen changes. The Notice to Proceed with construction was issued on November 29, 2018. Construction began on December 13, 2018 and was completed on November 19, 2020. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $280,064.42. Contract savings from line- item adjustments was $302,057.92. This results in a savings of $21,993.50 from the original Contract Price for a final contract balance of $5,197,256.50. Any remaining project encumbrances will be released to the original funding source. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by Whillock Contracting, Inc. for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07; 2) approve the final contract amount of $5,197,256.50; 3) ratify the release of retention in the amount of $141,891.95; and 4) approve the signing of the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder’s Office. FINANCIAL STATEMENT: Appropriations for the retention payment are accounted for in the adopted budget. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Transportation Choices and Infrastructure ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Location Map Exhibit B – Notice of Completion Exhibit C – Final Contract Balance Report Exhibit D – Resolution Page 92 of 180 Pr # ! HooverHoovHoover er AveAveAve 1 ! 33rd33r33rdd StStSt SweetwaterSweetwaSweetwaterter RiveRiverRiverr BBBikeikeike PathPathPath NationaNationaNation llal CityCityCi ty BlBlB l 2 35th35th35th StStSt ! BayshoreBayshoreBayshore ! BikewayBikewayBikeway CityCityCity ofofof NationalNationalNational CityCityCity 1 CityCityCity ofofof ChulaChuChulala VistaVistaVista CCC StStSt ² 0 200 400 Feet Source:Esri,DigitalGlobe,GeoEye,Earthstar Geographics,CNES/Airbus DS,USDA,USGS, Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07 Location Map Page 93 of 180 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on November 19, 2020 of the: Paradise Creek Park Site Remediation & Improvements, CIP No. 18-07 Work of improvement or portion of work of improvement under construction or alteration. Located at Paradise Creek Park at 21st Street and Harding Ave, National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Whillock Contracting Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: Concrete, asphalt, sewer and stormwater pipes and appurtenances, irrigation supplies, light fixtures, stones, traffic control supplies. Equipment: paving equipment, grading equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co-owners are: N/A Joint tenants, tenants in common, or other owners Dated: March 7, 2023;______________________________________________ Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on March 7, 2023 at, National City, California. Signature: ______________________________ RON MORRISON, MAYOR Noc09-05 Page 94 of 180 Page 1 of 6 FINAL CONTRACT BALANCE DATE: January 21, 2023 PROJECT: PARADISE CREEK PARK SITE REMEDIATION & IMPROVEMENTS FY 18/19 CIP No. 18‐07 CONTRACTOR: WHILLOCK CONTRACTING INC. 346 FRONT ST EL CAJON, CA, 92020 ORIGINAL CONTRACT AMOUNT: $5,219,250.00 START DATE: December 13, 2018 COMPLETION DATE: November 19, 2020 ORIGINAL CONTRACT LENGTH: 140 Working Days EXTENSION OF WORKING DAYS: 175 Working Days TOTAL CONTRACT TIME: 315 Working Days FINAL CONTRACT AMOUNT: $5,197,256.50 DESCRIPTION: The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 removed and disposed of asbestos containing soil per Ensafe’s Limited Asbestos Soil Debris Investigation Report. After potential asbestos containing materials were identified in the surface soils, Ensafe gathered soil samples and made the recommendation for removals to a depth of one foot. The total amount for this Change Order is $26,949.70. Change Order #2 provided surveying for the installation of additional gabion wall on the existing slope between the west side of the access road along a 50‐foot frontage to a private property. The surveying was completed at an agreed upon price and the additional 300 square feet of gabion wall was paid as a line‐item adjustment. The total amount for this Change Order is $609.00. Change Order #3 directed the contractor to install additional construction site safety signs around the perimeter of the construction site. Six additional construction site safety signs were installed at an agreed upon price. The total amount for this Change Order is $820.62. Page 95 of 180 FINAL CONTRACT BALANCE PARADISE CREEK PARK SITE REMEDIATION & IMPROVEMENTS CIP No. 18‐07 Page 2 of 6 Change Order #4 removed and disposed of unknown debris identified in the slope corner along 21st Street and Harding Avenue during clearing and grubbing. This work was completed under time and materials. The total amount for this Change Order is $28,454.64. Changer Order #5 directed the contractor to install 3‐inches of decomposed granite in place of the originally planned line item #16 for asphalt concrete pedestrian access. Due to the need for trenching operations and resurfacing efforts for utility connections, the city agreed that the decomposed granite would be suitable substitution and deleted line item #16. The total amount for this Change Order is $4,290.00. Change Order #6 substituted the specified 9‐gauge gabion basket with a 5‐gauge basket system and substituted the specified Baja Gray 12‐inch rubble with the JEB sand and gravel 12‐inch. This Change order also directed the contractor to proceed with work designated on plan sheets 1 and 2 for demolition and drainage improvements on West 19th Street. This Change Order also provided a savings for line item #12, contaminated soil, for a reduction of tons used. This Change Order was credit given to the City in the amount of $30,752.07. Change Order #7 provided 120‐feet of 6‐foot tall, galvanized chain link fence along the southerly edge of Paradise Creek Park protecting the sensitive wildlife areas along 22nd Street. The total amount for this Change Order is $10,380.67. Change Order #8 directed the contractor to remove and replace the roll up garage door for the storage space being used by site staff located at 304 West 19th Street. This work was performed under time and materials. The total amount for this Change Order is $1,897.85. Change Order #9 directed the contractor to demolish the existing perimeter fence, remove and grade the existing slope to match impacted soil elevations and install temporary construction fence and windscreen at the site office located at 302 West 19th Street. This work was performed under time and materials. The total amount for this Change Order is $3,192.68. Change Order #10 provided surveying and excavation of soil where the 18 new lights would be installed in the park in the following project. Excavating and removing impacted soil in these 18 locations allowed for no impacted soil handling in the follow‐on project. This work was performed at an agreed upon price. The total amount for this Change Order is $2,037.00. Change Order #11 modified the original design for the park lights from a direct burial system to a standard break‐away support system with concrete foundations. The new system allowed for the city to maintain all park lights without contacting contaminated soil below the park lights. This work was completed under time and materials. The total amount for this Change Order is $1,736.86. Change Order #12 provided CCTV of existing 36‐inch vitrified clay pipe sewer trunk on 22nd Street. Inspection of the pipe helped to determine the correct method to clean, spot repair and plug the pipe. The total amount for this Change Order is $4,284.00. Change Order #13 removed and disposed of additional asbestos containing material identified at the site office. As abatement began from the original hazardous material survey, dated March 8, 2019, an Page 96 of 180 FINAL CONTRACT BALANCE PARADISE CREEK PARK SITE REMEDIATION & IMPROVEMENTS CIP No. 18‐07 Page 3 of 6 additional 2,646 square feet of asbestos containing materials were discovered on the second floor of the building. The total amount for this Change Order is $9,075.63. Change Order #14 directed the contractor to procure and install approximately 1,200 linear feet of permanent fencing, 13,841 square feet of pervious concrete path, retractable and fixed bollards, and to prepare the subgrade and base for the pervious concrete to be placed. This change order also provided a credit for the reduction in line item #11 for impacted soil handling. This Change Order was a credit given to the City in the amount of $120,664.17. Change Order #15 provided additional surveying and staking for the connector path from Harding Avenue to West 19th Street and stairway at Harding Avenue. To further facilitate the follow on park development, additional surveying of the connector path and stairway were added. The total amount for this Change Order is $1,018.50. Change Order #16 provided full street section repairs to adjacent streets that were damaged from construction activity around Paradise Creek Park. The total amount for this Change Order is $48,071.00. Change Order # 17 directed the contractor to hydroseed approxim ately 2,000 square feet of existing slope between 22nd Street and Paradise Creek Park. To meet all current project er osion control plans, all existing slopes that are disturbed or changed by construction activities are to be stabilized to minimize erosion by water and wind. The total amount for this Change Order is $892.50. Change Order #18 directed the contractor pour slurry in the gabion baskets supporting the access path throughout the park. The original details for the gabion wall would not allow for the subgrade and finish surface to meet compaction requirements which can cause cracking and other surface failures over time. To meet compaction requirements and minimize maintenance of the multi‐use path, slurry was added to the gabion wall to support the base and surface of the path. This work was completed under time and materials. The total amount for this Change Order is $2,055.56. Change Order #19 directed the contractor to clean, prime, and paint the backside of structures adjacent to the south end of Paradise Creek Park for aesthetic purposes. The total amount for this Change Order is $3,517.50. Change Order #20 provided for the additional cost of schedule 40 piping required by US Fish and Wildlife Services for the gabion wall exhibit. This change order superseded the permanent fencing details and pricing in Change Order #14. The total amount for this Change Order is $3,595.36. Change Order #22 directed the contractor to perform emergency street section repair at the intersection of Wilson Avenue and 21st Street due to an existing trench failure that was undermined by recent rainstorm runoff. As per NV5’s recommendation, a portion of the road was removed, soil was excavated, and aggregate base and geogrid were placed before the road was repaired. This work was completed under time and materials. The total amount for this Change Order is $9,361.81. Change Order #23 provided for the additional subgrade preparation and concrete work per the revised landscape, irrigation, and flatwork improvement plans. The revised plans provide a proper transition from the existing sidewalk on Wilson Avenue through the southeast curb ramp landing and onto the sidewalk on 21st Street. The total amount for this Change Order is $8,139.04. Page 97 of 180 FINAL CONTRACT BALANCE PARADISE CREEK PARK SITE REMEDIATION & IMPROVEMENTS CIP No. 18‐07 Page 4 of 6 Change Order #24 provided for the reimbursement of the demolition permit fee. To make room for the future parking lot, the existing building at 302 West 19th Street was demolished. The total amount for this Change Order is $703.72. Change Order #25 provided additional work to complete the installation of the bio‐retention basin layers to meet the city’s storm water and bio‐retention basin requirements. The additional work included procuring and installing termination bars to terminate the PVC liner, to anchor the PVC line in the sloped wings of the basin, and to compact the top 1‐foot of soil media on the sloped wings of the basin. The total amount for this Change Order is $24,839.09. Change Order #26 directed the contractor to survey, grade, bench, and compact the new 2:1 slope west of the Community Garden at Paradise Creek Park. The current conditions of the slope eroded and created an unstable slope to accommodate future improvements. This new slope would support irrigation and landscaping while reducing future city maintenance. The total amount for this Change Order is $24,705.89. Change Order #27 directed the contractor to procure and lay sod over the extra 1,778 square feet of the bio‐retention basin. Although the plans estimated the square footage of the bio‐retention basin at 3,062 square feet, site layout and surveying determined the actual square footage at 4,840 square feet. The contractor agreed to lay additional sod in this are per the project specifications. The total amount for this Change Order is $4,265.59. Change Order #28 directed the contractor to excavate an additional 4‐inches for 6 streetlight foundations to lower the pole bases to be flush with the finish surface. The original detail showed the footing 4‐inches above the finish surface which would have required an additional concrete cap around the anchor bolts. The base being flush with the finish surface makes maintenance easier and allows more accessibility around each streetlight. The total amount for this Change Order is $1,086.75. Change Order #29 provided additional grading, compaction, forming, concrete finishing, truncated dome installation and export of soil for the modified sidewalk, curb ramps and curbs at the north end of Paradise Creek Park to meet ADA guidelines. As the proposed improvements exceeded the allowable cross slope, the engineer of record field modified the proposed sidewalk and accompanying curb ramps and curb to be within ADA requirements. The total amount for this Change Order is $18,313.18. Change Order #30 directed the contractor to survey, grade and compact the adjacent slopes near the Community Garden and parking lot at Paradise Creek Park. After the additional slopes were graded in Change Order #26, additional grading efforts were determined necessary for future Community Garden improvements. The total amount for this Change Order is $4,202.90. Change Order #31 amended the agreed upon price for Change Order #21 regarding the abandonment of a 6‐inch sewer lateral on 22nd Street. Sweetwater Authority visited the site and determined that the abandonment of the sewer lateral specified in Change Order #21 needed to be revised to an alternate location. The project team proceeded with moving the location to behind the sidewalk on the north side 22nd Street. This change order includes a credit for changes in location and replaces Change Order #21. The total amount for this Change Order is $29,748.18. Page 98 of 180 FINAL CONTRACT BALANCE PARADISE CREEK PARK SITE REMEDIATION & IMPROVEMENTS CIP No. 18‐07 Page 5 of 6 Change Order #32 directed the contractor to replace the full asphalt section on 19th Street to repair damage from construction activity around Paradise Creek Park. This Change Order captured the full asphalt tonnage used to repair 19th Street from Harding Avenue to the park entrance. The total amount for this Change Order is $58,852.71. Change Order #33 directed the contractor to remove and replace the existing survey monument can at the intersection of 26 th Street and Hoover Avenue. As the monument was not disturbed, it was determined that only the monument can need be replaced. The total amount for this Change Order is $3,482.49. Change Order #34 directed the contractor to perform additional subgrade preparation to a 625 square foot area in the parking lot and install geogrid tensar fabric per the geotechnical engineer’s recommendations. This Change Order total amount was for $1,825.00. Change Order #35 specified the additional work necessary to complete the installation of the gravel sump and landscaping on the south end of the DG plaza area to control stormwater runoff. During the rainy season silt deposits were identified clogging the porous pavement. To eliminate the silt deposits a gravel sump and landscaping detail was issued to the contractor for installation. The total amount for this Change Order is $6,695.78. Change Order #36 specified the additional full asphalt section for removal and repair on 19th Street that was damaged during construction activity around Paradise Creek Park. Within the original proposed improvement plan, additional grind and overlay square footage was added at 19th Street adjacent to the park entrance. The project team determined that the integrity and condition of the existing asphalt near the intersection of 19th Street and Harding Avenue was not capable of holding a 2‐inch grind and overlay and needed a full asphalt section removal and replacement. The total amount for this Change Order is $15,593.00. Change Order #37 directed the contractor to prepare and file a Record of Survey Map with the County of San Diego for the 2 new survey monuments on Harding Avenue. To allow complete installation and recording with the county, the contractor’s licensed surveyor was requested to prepare and file a Record of Survey Map with the County of San Diego for the 2 new survey monuments at the knuckle of Harding Avenue and 21st Street. The total amount for this Change Order is $5,923.05. Change Order #38 specified the additional work to procure and install 2‐wire path cables to complete the irrigation system throughout Paradise Creek Park. The irrigation representative recommended to install a 2‐wire path cable to the first installed irrigation system to allow city crews to easily maintain all irrigation throughout the park from one controller. The total amount for this Change Order is $14,159.06. Change Order #39 specified the additional full asphalt section for removal and repair at the intersection of 20th Street and Harding Avenue that was damaged during construction activity around Paradise Creek Park. This Change Order captured the full asphalt tonnage used to repair the intersection at 20th Street and Harding Avenue. The total amount for this Change Order is $27,450.36. Change Order #40 provided for the cost of additional signing and striping at the intersection of 20th Street and Harding Avenue. Change Order #39 provided for the repairs the street sections from construction damage. However, additional signing and striping was necessary to make the street compliant with the Page 99 of 180 FINAL CONTRACT BALANCE PARADISE CREEK PARK SITE REMEDIATION & IMPROVEMENTS CIP No. 18‐07 Page 6 of 6 current construction codes for ADA and pedestrian safety. The total amount for this Change Order is $7,208.25. Change Order #41 directed the contractor to procure and install 12 “Keep Out” signs designed to divide public use areas from Paradise Creek Park per the Environmental Impact Report for the Westside Specific Plan. The signs and site layout were submitted and approved by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. The total amount for this Change Order is $1,575.35. Change Order #42 directed the contractor to procure and install pigeon spikes at the park to deter the birds from landing in certain areas. The total amount for this Change Order is $3,793.93. Change Order #43 directed the contractor to install additional BMPs (straw waddles and gravel bags) around the retention basin. The total amount for this Change Order is $2,141.46. Change Order #44 directed the contractor to proceed with the removal and replacement of a pedestrian ADA ramp on the North end of the park to meet the new ADA stand ards. The total amount for this Change Order is $4,535.00. All Change Orders listed above increased the total contract amount $280,064.42. Original Contract Amount: $5,219,250.00 Change Order Totals: $280,064.42 New Contract Amount: $5,499,314.42 Contract Savings from Line‐Item Adjustments: $‐302,057.92 Final Contract Balance: $5,197,256.50 (New Contract Amount – Final Contract) CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $5,197,256.50. 2. As a result of the satisfactory completion of said project, a retention amount of $141,891.95 was processed and requires the City Council’s ratification and the filing of the Notice of Completion. Page 100 of 180 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) ACCEPTING THE WORK PERFORMED BY WHILLOCK CONTRACTING, INC. FOR THE PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS PROJECT, CIP NO. 18-07; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $5,197,256.50; 3) RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $141,891.95; AND 4) APPROVING THE SIGNING OF THE NOTICE OF COMPLETION FOR THE PROJECT. WHEREAS, the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07 (the "Project") provided the site remediation, grading, and infrastructure improvements necessary to construct a new approximately 4-acre Community Park to include walking paths, community garden, playground, and other amenities on the west side of Paradise Creek between West 22nd Street and West 19th Street; and WHEREAS, more specifically, the scope of this project included installation of the gabion wall, park lighting, storm water pipes and structures, and landscaping; and WHEREAS, the funding will also be used to reconstruct Harding Avenue and West 20th Street to provide paved roadways, utilities, parking, new sidewalks, and curb ramps for ADA compliance; and WHEREAS, on August 21, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on August 23, 2018 and August 30, 2018, the bid solicitation was advertised in local newspapers; and WHEREAS, at the 2:00 p.m. deadline on September 27, 2018, nine (9) bids were received electronically by the Engineering Department for the Project; and WHEREAS, Whillock Contracting, Inc.’s, bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, on October 16, 2018, the City Council adopted Resolution No. 2018-182 awarding the contract to Whillock Contracting, Inc., in the not-to-exceed amount of $5,219,250.00; and WHEREAS, the Notice to Proceed with construction was issued on November 29, 2018. Construction started on December 13, 2018 and was completed on November 19, 2020; and WHEREAS, the change orders issued for this project are detailed in the Final Contract Balance Report; and WHEREAS, the change orders increased the contract by $280,064.42; and WHEREAS, Contract savings from line-item adjustments was $302,057.92, this resulting in a final contract balance of $5,197,256.50; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Page 101 of 180 Section 1: That the City Council hereby authorizes the accepting of the work performed by Whillock Contracting, Inc. for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07. Section 2: Approving the final contract amount of $5,197,256.50. Section 3: Ratifying the release of retention in the amount of $141,891.95. Section 4: Approving the signing of the Notice of Completion for the project. 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 7th day of March 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, Interim City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 102 of 180 AGENDA REPORT Department: Engineering and Public Works Department Prepared by: Luca Zappiello, Assistant Engineer Civil Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Acceptance and appropriation of federal funds received through the Consolidated Appropriations Act 2022 RECOMMENDATION: Adopt a Resolution Entitled, “ Resolution of the City Council of the City of National City, California, authorizing the acceptance and appropriation of funds and establishing corresponding expenditure accounts for the following projects: 1) $294,700 for the 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) $3,332,781 for the 24th Street First and Last Mile Connections to Trolley Station for design and construction; and 3) $300,000 for the Bayshore Bikeway Segment 5 project necessary for the additional work on the design.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In November 2021, the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), was passed into law. With the passage of IIJA, the Community Project Funding / Congressionally Directed Spending (CPFCDS) program was created to support specific community projects as part of the annual appropriations process, which was signed into law as the Consolidated Appropriations Act of 2022. All CPFCDS projects are solicited and selected by the members of the U.S. Congress and U.S. Senate. The CPFCDS program is funded from the 2022 Federal Fiscal Year (FFY) through the 2026 FFY. As a reminder, the FFY begins October 1st and ends on September 30th of the following year. The CPFCDS program is funded through the Highway Infrastructure Program (HIP). In 2021, the City requested funding consideration for several Community Projects identified in the letter (see attachment) that are part of the Health and Opportunity through Partnerships for Equity (HOPE) Improvement projects. The proposed projects include bicycle and pedestrian safety enhancements, alternative mobility options, first/last mile improvements to transit hubs, and enhanced connections to Naval Base San Diego. The projects will promote clean mobility alternatives as a viable travel choice, reducing greenhouse gas emissions and promoting a healthier, more active lifestyle. On March 9, 2022, Congressman Vargas voted to secure $11.7 million for nine local community projects in the appropriations government-funding package for California’s 51st Congressional Page 103 of 180 District. Three of the nine local community projects selected by Congressman Vargas to receive funding are located in National City as follows: 1. 24th Street Trolley Pedestrian Bridge Feasibility Study. The $294,700 requested, will fund a feasibility study that will evaluate the potential for constructing a pedestrian bridge over Interstate 5, in the vicinity of the 24th Street Transit Center. 2. 24th Street First and Last Mile Connections to Trolley Station. The $3,332,781 requested in funding, will design and construct more than two miles of separated bike lanes (Class IV), 2 curb extensions, traffic signal modifications with bike signals, continental crosswalks, and curb ramps along 22nd Street between Wilson Ave. and D Ave., and along Hoover Ave. between W. 22nd St and W. 33rd St. 3. Bayshore Bikeway – Segment 5 project. The $300,000 in funding will be allocated towards the final design phase of this segment. The project will provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City. Segment 5 will complete the last leg of the Bayshore Bikeway within National City and enhance bicycling connections to transit and other key destinations such as National City’s Harbor District, Naval Base San Diego, Kimball Elementary School, and several parks. Additionally, the project will provide a connection to the Sweetwater River Trail, another regional bikeway. Staff recommends accepting funds and the corresponding expenditure budget for: 1) 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) 24th Street First and Last Mile Connections to Trolley Station for design and construction; and 3) allocating funds for the Bayshore Bikeway Segment 5 project. These funds require a match, which the City will allocate from the following previously authorized funds: 1) $33,803 for the 24th Street Trolley Pedestrian Bridge Feasibility Study from the General Fund; 2) $381,123.90 for the 24th Street First and Last Mile Connections to Trolley Station from the ATP Cycle 6 funds; 3) $34,410 for the Bayshore Bikeway – Segment 5 from the ATP Cycle 4 funds. The City will authorize the expenditure of the funds after Caltrans issues the authorization of funds to establish the reimbursement date for the phase of work. FINANCIAL STATEMENT: 24th Street Trolley Pedestrian Bridge Feasibility Study Revenue Account No 296-06614-3498 - $294,700 Expenditure Account No 296-409-500-598-6614 - $294,700 Expenditure Account No 001-409-500-598-6573 - $33,803 (General Fund match) 24th Street First and Last Mile Connections to Trolley Station Revenue Account No 296-06615-3498 - $3,332,781 Expenditure Account No 296-409-500-598-6615 - $3,332,781 Bayshore Bikeway – Segment 5 project (Supplement funding) Revenue Account No 296-06611-3463 - $300,000 Expenditure Account No 296-409-500-598-6611 - $300,000 Page 104 of 180 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Health, Environment, and Sustainability ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c). PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Memorandum Exhibit B – Federal Allocation Table (excerpt) Exhibit C – Letter of Support Exhibit D - Resolution Page 105 of 180 U.S. Department of Tran sporta ti on Federal Highway Administration PETER JOHN STEPHANO$ Digitally signed by PETER JOHN STEPHANOS Date: 2022 .06.28 13:25 :36 -04'00' Memorandum Subject: ACTION: Allocation of Highway Infrastructure Date: June 28, 2022 Programs Projects designated in Division L of the Consolidated Appropriations Act, 2022 In Reply [CFDA No. 20.205] Refer to: HISM-40 From: Peter J. Stephanos Director, Office of Stewardship, Oversight, and Management To: Brian R. Bezio Chief Financial Officer Division Administrator The Consolidated Appropriations Act, 2022 (Public Law 117-103) appropriates a total of $2,444,927,823 for Highway Infrastructure Programs (HIP) from the General Fund of the Treasury for fiscal year (FY) 2022. Of such amount, $846,927,823 is set aside for “Community Project Funding / Congressionally Directed Spending.” The project descriptions for the 309 projects can be found in the “Community Project Funding / Congressionally Directed Spending” table in the Joint Explanatory Statement incorporated by reference in Division L of the Consolidated Appropriations Act, 2022. State departments of transportation (DOTs) are the recipients for 307 projects totaling $845,719,823 and the Office of Federal Lands Highway (FLH) was allotted funding for two Gila River Indian Community projects totaling $1,208,000. These funds are in addition to any other funds, including contract authority, provided in FY 2022. With this memorandum, we are allocating $845,719,823 for 307 projects to the States, as indicated in the attachment to this memorandum, to be administered in the Fiscal Management Information System (FMIS) (FMIS program code Y928; DELPHI fund value 1550574B50 050). This funding is not subject to any obligation limitation that applies to Federal-aid contract authority. These funds remain available for obligation through September 30, 2025. Any such amounts not obligated on or before September 30, 2025, shall expire. Once the period for obligation has expired, these funds will only remain available for adjusting and liquidating obligations as authorized in accordance with title 31, United States Code (U.S.C.), section 1553. Page 106 of 180 2 Obligated earmark balances are available for expenses properly charged to the account and incurred until September 30, 2030. After that date, any unexpended balances of obligated earmark funds shall be cancelled in accordance with 31 U.S.C. 1552 and shall no longer be available for obligation or expenditure. Demo IDs have been assigned for each project to properly track these funds to ensure that they are only obligated and expended for the specific project for which they were designated. Each project has been assigned a unique Demo ID that links the funding to the specific project description as listed in the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2022. Since the project description defines the scope of work on which the funds may be legally expended, the funding for the project can only be utilized for the activities within the scope and physical limits of the project as defined by the project description. The Demo IDs under which these funds are being distributed are also included in the attachment to this memorandum. Except as otherwise provided, these funds are to be administered as if apportioned under chapter 1 of title 23, U.S.C. Therefore, these projects are to be administered as title 23 projects in accordance with the applicable statutory and regulatory provisions contained in title 23, U.S.C. and Code of Federal Regulations (CFR), as well as other applicable Federal requirements, such as the National Environmental Policy Act (42 U.S.C. 4321, et seq.) and the Disadvantaged Business Enterprise Program. The State, through its DOT in accordance with 23 U.S.C. 302, is the direct recipient of these funds and is responsible for administration of these funds. If the State DOT acts as a pass-through entity of Federal assistance, the State DOT maintains the passthrough responsibilities specified in 2 CFR 200.332.1 The Federal share for these State projects is governed by 23 U.S.C. 120, as amended by the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”) (BIL). It is generally 80 percent (See 23 U.S.C. 120(b)). The Federal share for projects on the Interstate System is 90 percent unless the project adds lanes that are not high-occupancy-vehicle or auxiliary lanes (See 23 U.S.C. 120(a)). For projects that add single occupancy vehicle capacity, that portion of the project will revert to the 80 percent level. An upward sliding scale adjustment is available to States having public lands (Sliding Scale Rates In Public Land States). States may use a lower Federal share on Federal-aid projects as provided in 23 U.S.C. 120(h). These funds may not be used as the non-Federal match for other Federal programs unless there is specific statutory authority (2 CFR 200.306(b)(5)). The Consolidated Appropriations Act, 2022, does not provide authority for use of these funds as a non-Federal match for other Federal programs, including Federal- aid programs under title 23, U.S.C. Generally, Project Agreements should not be modified to replace one Federal fund category with another unless specifically authorized by statute (23 CFR 630.110(a)). For additional information on earmarked funds, see Q&As on Obligation of Earmarked Funds for Federal- Aid Projects. 1 Tribal projects funded from these amounts are to be administered as if allocated under chapter 2 of title 23, U.S.C. Page 107 of 180 3 Earmarked funds shall not participate in costs incurred prior to the date of project agreement (23 CFR 630.106(b)). By copy of this memorandum, we request that the Office of the Chief Financial Officer: 1) create the Demo IDs identified in the attached table, and 2) process these allocations. If there are any questions, please contact Tony DeSimone at 317-226-5307 or by email at Anthony.DeSimone@dot.gov or Amy Inglis at 605-776-1009 or by email at Amy.Inglis@dot.gov. Attachment Page 108 of 180 4 FHWA: HIPA: AINGLIS: 06/27/2022 S:\ HIPA10\Correspondence\FY_2022\Legislative Projects - Demos\20220627 Allocation of HIP Projects cc: HISM-1 (Stephanos, Peter) HISM-40 (Marrero, Moises; Bartz, David; Amy Inglis, DeSimone, Anthony) HIF (Young, Charlena; Sullivan, Amy) HCF (HCFB_SystemsTeam@dot.gov; Sim, Miranda; Kwok, Lily) HPLS (Arnade, Tim; Lomax, Brian; Zaidi, Alina; Dane, Heather) FHWA-#ALLDA-OfficialMailbox FHWA-#ALLDFS-OfficialMailbox FHWA Financial Management-All Page 109 of 180 Consolidated Appropriations Act, 2022 (Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts in Explanatory Statement Accompanying Pub. L. No. 117-103 Amount available under P.L. 117-103 Allocation of Y928 Funds This Memorandum Obligation Authority This Memorandum (DELPHI Code 1550574B50.2022.050Y928500) Project State Total Project State Total Project State Total CA CA891 Golden Avenue Bridge Replacement Project 2,200,000 2,200,000 2,200,000 2,200,000 CA CA892 City of Carlsbad's Carlsbad Barrio Street Lighting and Traffic Circles Project 5,000,000 5,000,000 5,000,000 5,000,000 CA CA893 Doheny Village Connectivity Improvements 1,870,000 1,870,000 1,870,000 1,870,000 CA CA894 Sacramento Vision Zero School Safety Project 2,200,000 2,200,000 2,200,000 2,200,000 CA CA895 Southport Levee Recreation Trail 1,800,000 1,800,000 1,800,000 1,800,000 CA CA896 La Verne Gold Line Station Pedestrian Bridge 4,000,000 4,000,000 4,000,000 4,000,000 CA CA897 City of Bishop Streets and Sidewalk Improvements 1,000,000 1,000,000 1,000,000 1,000,000 CA CA898 City of Highland Victoria Avenue Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA899 City of Needles First Year Paving Replacement Phase 3 757,803 757,803 757,803 757,803 CA CA900 City of Hesperia Maple Avenue Street Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA901 City of Watsonville, Lee Road Trail Project Phase 1 1,000,000 1,000,000 1,000,000 1,000,000 CA CA902 Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing 2,000,000 2,000,000 2,000,000 2,000,000 CA CA903 Safe Routes to Schools Mini-grant Program, Alameda 1,700,000 1,700,000 1,700,000 1,700,000 CA CA904 Kelseyville Sidewalk Project 450,000 450,000 450,000 450,000 CA CA905 Avenue 95/96 Farm to Market Corridor Repairs, Terra Bella to Pixley, Tulare County, CA 3,000,000 3,000,000 3,000,000 3,000,000 CA CA906 Mt. Whitney Avenue Complete Streets 3,000,000 3,000,000 3,000,000 3,000,000 CA CA907 Bayshore Bikeway, Barrio Logan Segment 2,150,000 2,150,000 2,150,000 2,150,000 CA CA908 Bayshore Bikeway Segment 5 300,000 300,000 300,000 300,000 CA CA909 24th Street First and Last Mile Connections to Trolley Station, National City 3,332,781 3,332,781 3,332,781 3,332,781 CA CA910 24th Street Trolley Pedestrian Bridge Feasibility Study, National City 294,700 294,700 294,700 294,700 CA CA911 De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects 2,725,000 2,725,000 2,725,000 2,725,000 CA CA912 South Milpitas Boulevard Extension Bridge 3,000,000 3,000,000 3,000,000 3,000,000 CA CA913 Pedestrian and Safe Routes to School Improvements in SNAIL and Braly Corners Neighborhoods 880,000 880,000 880,000 880,000 CA CA914 Highways to Boulevards Regional Study 480,000 480,000 480,000 480,000 CA CA915 7th Street Connection Project 2,000,000 2,000,000 2,000,000 2,000,000 California 91,829,182 91,829,182 91,829,182 CO CO130 SH 93 Widening and Relocation Design, City of Golden 2,320,000 2,320,000 2,320,000 2,320,000 CO CO131 Commerce City Quiet Zones 615,000 615,000 615,000 615,000 CO CO132 Glenwood Springs South Bridge Project 1,000,000 1,000,000 1,000,000 1,000,000 Colorado 3,935,000 3,935,000 3,935,000 CT CT189 East Industrial Road Reconstruction (Branford) 2,250,000 2,250,000 2,250,000 2,250,000 CT CT190 Town of Southbury Pedestrian Safety Improvements 444,946 444,946 444,946 444,946 CT CT191 West Avon Road, Country Club Road, Scoville Road Sidewalk Replacement in the Town of Avon 424,000 424,000 424,000 424,000 CT CT192 Norwalk Safe Sidewalks, Crossings, and Trails Project 1,400,000 1,400,000 1,400,000 1,400,000 CT CT193 City of Stamford Safe Routes to Schools and Access to Public Transit Facilities 2,000,000 2,000,000 2,000,000 2,000,000 CT CT194 Reconstruction of Route 34, Project 36-184 5,000,000 5,000,000 5,000,000 5,000,000 Connecticut 11,518,946 11,518,946 11,518,946 DE DE039 Munchy Branch Road Multi-Use Trail 1,120,000 1,120,000 1,120,000 1,120,000 Delaware 1,120,000 1,120,000 1,120,000 Page 110 of 180 Page 111 of 180 Page 112 of 180 1 Attachment A Health and Opportunity through Partnerships for Equity (HOPE) Community Projects Project Description Bayshore Bikeway Eco- Elements/Education/Supplem ental Funding $700,000 The Bayshore Bikeway, Segment 5 has been fully designed but not implemented due to a shortage of funding. This regional corridor will eventually extend 24 miles around San Diego Bay, providing a vital and scenic connection to major bayfront employers, as well as tourist and recreational destinations. This project would help to supplement the southern portion of this segment by taking care of the more difficult section next to the Paradise Lagoon. This would include above normal costs for utilizing the old abandoned National City railway, including a small trestle bridge, view overlooks, habitat enhancement and educational opportunities for nature and history signage and exhibits. 24th St Fist and Last Mile Connections to Trolley Station $3,322,781 The West Side area and Old Town area is made up of relatively high density single family and attached family housing units as well as a mixture of light industrial and institutional land uses. The 24th Street Trolley Station is a high quality, high level of service transit service that connects well to the rest of the region. In some cases, the community is not as well connected to the Trolley Station. This project proposes a number of pedestrian and bike facility improvements to the areas within ¼ to ½ mile from the Trolley Station. 24th St. Trolley Pedestrian Bridge over I-5 - Study $294,700 Historically, the community of National City, has been cut-off from the bay, lagoon and parkland because of I-5 in addition to Industrial Lands as well as Navy Lands. The 24 Street to Bay Marina Drive connection under the freeway is currently loud, walking is close to high speed traffic and is basically an out of sight and out of mind travel route. Also, the waterfront is a destination and will be even more so in the future. Having a more direct, safe and visible route to the trolley station would be a great public benefit. The project assumes in station crossing at the tracks from east to west. From the west side, a ramp would go north to south to get up high enough get over the on-ramps. The bridge support would be at edge of the ramps and the center of the freeway. The bridge would drop directly into the Bayshore Bikeway Multi-use Path on the west side of the freeway. 19th St. Pedestrian/Bike Improvements $1,067,200 This project is an extension from the underpass under I-5 for the 18th and 19th Street routes which is will be completed by a California Natural Resources Recreational Trail grand program. This project would continue bike and ped facilities from where the other improvement ends and would lead to the back gate of Naval Base San Diego on 19th Street. This would allow individuals to walk or bike to work or to get to the trolley station or other parts of the West Side, Old Town or Downtown areas. Civic Center Drive Bikeway This segment extends the Bayshore Bikeway through intersections and adds local connections to Civic Page 113 of 180 2 Project Description Improvements $2,048,125 Center Drive, from the east side of I-5 to the newly constructed Bayshore Bikeway. 8th St. Naval Base Sand Diego Shuttle Connection $4,156,573 The Active Transportation Plan from CALTRANS does not have enough funding to extend the proposed multi-use path and Neighborhood Electric Vehicle to the Naval Base Gate at 8th and Harbor. Additional requirements for crossing the active BNSF railroad tracks near Harbor has caused this portion of the proposed ATP plan to search for additional funding. This project would reconstruct the at grade crossings and crossing arms and signage in addition to extending the 14’ wide multi-use path through the intersection of Harbor and 8th. This intersection would also be improved with pedestrian crossings, reconfiguration of the high speed turning lanes and all necessary ADA requirements. Yama St. Naval Base San Diego Shuttle Connection $1,561,491 Yama Street leads into the “dryside” of Naval Base San Diego where a lot of individuals work, live, shop or play on this side of the base. The 8th and Roosevelt ATP project will be building a Multi-use Path along the west side of Roosevelt, with the intention of extending this pathway to the back gate at Yama. The project would add a turn-around for the NEV shuttle, have a drop-off location at this end and would improve the pedestrian crossing and add bulb-outs to the intersection of Yama and Main Street. The project would also include the addition of a left turn lane down Yama to accommodate a more efficient way to get to the Southbound on -ramps of I-5. Currently, congestion in the morning causes a back-up of traffic that impedes drivers from getting on I-5. Pepper Park Water Taxi – Waterfront Access $281,500 The current dock and launch ramp at Pepper Park can accommodate the berthing of passengers that would utilize a water taxi that connects to other bay destinations. The current water taxi system in San Diego Bay connects downtown San Diego at the Embarcadero as well as at the Convention Center, ultimately connecting with the Ferry Landing on Coronado. The development of the Chula Vista waterfront with new parks, hotels and convention centers, is likely to generate some significant demand for using San Diego Bay for transportation. This portion of the Capital Grant request would be to obtain some funds to modify the existing pier, to provide signage and to purchase a water taxi that would then be run by a private concessionaire. Tidelands Truck Parking and Rest Stop With the proposed changes for the importing of goods and vehicles into the National City Terminal. Truck traffic is very high in the Marina District and it spills over onto local streets of National City. The intent of this project is to create a greater supply of on-street truck parking along Tidelands Avenue and to provide Page 114 of 180 3 Project Description $649,600 overnight, food, restroom and entertainment facilities to attract drivers to use this area instead of Harbor Drive and Roosevelt Avenue streets. Drivers often arrive in San Diego at night and have to wait for the terminal to open in the morning. Page 115 of 180 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF FUNDS AND ESTABLISHING CORRESPONDING EXPENDITURE ACCOUNTS FOR THE FOLLOWING PROJECTS: 1) $294,700 FOR THE 24TH STREET TROLLEY PEDESTRIAN BRIDGE FEASIBILITY STUDY; 2) $3,332,781 FOR THE 24TH STREET FIRST AND LAST MILE CONNECTIONS TO TROLLEY STATION FOR DESIGN AND CONSTRUCTION; AND 3) $300,000 FOR THE BAYSHORE BIKEWAY SEGMENT 5 PROJECT NECESSARY FOR THE ADDITIONAL WORK ON THE DESIGN. WHEREAS, in November 2021, the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), was passed into law; and WHEREAS, with the passage of IIJA, the Community Project Funding / Congressionally Directed Spending (CPFCDS) program was created to support specific community projects as part of the annual appropriations process, which was signed into law as the Consolidated Appropriations Act of 2022; and WHEREAS, all CPFCDS projects are solicited and selected by the members of the U.S. Congress and U.S. Senate; and WHEREAS, in 2021, the City requested funding consideration for several Community Projects identified in the letter that are part of the Health and Opportunity through Partnerships for Equity (HOPE) Improvement projects; and WHEREAS, the proposed projects include bicycle and pedestrian safety enhancements, alternative mobility options, first/last mile improvements to transit hubs, and enhanced connections to Naval Base San Diego; and WHEREAS, the projects will promote clean mobility alternatives as a viable travel choice, reducing greenhouse gas emissions and promoting a healthier, more active lifestyle; and WHEREAS, on March 9, 2022, Congressman Vargas voted to secure $11.7 million for nine local community projects in the appropriations government funding package for California’s 51st Congressional District; and WHEREAS, three of the nine local community projects selected by Congressman Vargas to receive funding are located in National City and are 1) Bayshore Bikeway – Segment 5 project; 2) 24th Street Trolley Pedestrian Bridge Feasibility Study; and 3) 24th Street First and Last Mile Connections to Trolley Station; and WHEREAS, staff recommends accepting funds and the corresponding expenditure budget for: 1) 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) 24th Street First and Last Mile Connections to Trolley Station for design and construction; and 3) allocating funds for the Bayshore Bikeway Segment 5 project; and WHEREAS, the City will authorize the expenditure of the funds after Caltrans issues the authorization of funds to establish the reimbursement date for the phase of work . Page 116 of 180 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 and appropriation of funds and establishing corresponding expenditure accounts for the following projects: 1) $294,700 for the 24th Street Trolley Pedestrian Bridge Feasibility Study; 2) $3,332,781 for the 24th Street First and Last Mile Connections to Trolley Station for design and construction; and 3) $300,000 for the Bayshore Bikeway Segment 5 project necessary for the additional work on the design; 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 7th day of March, 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, Interim City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 117 of 180 AGENDA REPORT Department: Administrative Services - Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Warrant Register #29 for the period of 1/13/23 through 1/19/23 in the amount of $424,817.66. RECOMMENDATION: Ratify Warrants Totaling $424,817.66. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 1/13/23 – 1/19/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Neri Landscape Architecture 361626 $84,215.85 CIP 20-20 Las Palmas Pool Fitness Tri-Group Construction & Dev 361651 $136,898.62 CIP 19-04 Citywide SRTS Tyler Technologies Inc 361653 $58,016.51 Eden Annual Licensing FINANCIAL STATEMENT: Warrant total $424,817.66. 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. 29 Page 118 of 180 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACE UNIFORMS & ACCESSORIES INC HOLSTERS / PD 361578 1/19/2023 866.18 AIRGAS USA LLC MOP 45714 GENERAL SUPPLIES- PW 361579 1/19/2023 276.07 ALDEMCO FOOD / NUTRITION CENTER 361580 1/19/2023 1,991.07 ALERT ALL CORPORATION IMPRINTED FIRE RED HATS 361581 1/19/2023 2,495.82 AMAZON AMAZON/SCANNER/FY23 361582 1/19/2023 2,097.49 AMAZON AMAZON/SUPPLIES/FY23 361583 1/19/2023 636.71 AMAZON INFLATABLES FOR A KIMBALL HOLIDAY 361584 1/19/2023 192.87 ARJIS ARJIS PHONE USEGE 2ND QTR 361585 1/19/2023 6,343.24 ASCAP ASCAP - JANUARI 1 - DECEMBER 31, 2023 361586 1/19/2023 840.00 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361587 1/19/2023 207.73 BAKER & TAYLOR BAKER AND TAYLOR/BOOKS/FY23 361589 1/19/2023 2,987.58 BIBLIOTHECA LLC RFID MAINTENANCE AND SUBSCRIPTION / LIBRARY 361590 1/19/2023 11,316.32 BRINK'S INCORPORATED TRANSPORTATION-BILLING 361591 1/19/2023 391.76 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES- PW 361592 1/19/2023 366.47 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES- PW 361593 1/19/2023 202.54 CHEN RYAN ASSOCIATES INC CIP 22-23 NATIONAL CITY BAYFRONT EIR - ENG 361594 1/19/2023 12,198.00 CHRISTENSEN & SPATH LLP CDC-HA AGREEMENT WITH CHRISTENSEN 361595 1/19/2023 2,795.00 CINTAS CORPORATION FIRST AID SUPPLIES 361596 1/19/2023 348.76 CLEAR WATER TECHNOLOGIES LLC CITY WIDE ON-SITE ENERGY EFFICIENT 361597 1/19/2023 475.00 COLANTUONO HIGHSMITH PROFESSIONAL SERVICES / CAO 361598 1/19/2023 42.76 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL 361599 1/19/2023 135.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 361600 1/19/2023 536.75 COZZINI BROS., INC. KNIFE/DELI SLICER/CAN OPENER SHARPENING 361601 1/19/2023 36.00 DAY WIRELESS SYSTEMS QUARTERLY FEE 361602 1/19/2023 5,272.50 DEMCO INC DEMCO/LABEL PROTECTORS/FY23 361603 1/19/2023 120.16 D-MAX ENGINEERING INC CIP 22-46 NC STORM WATER SERVICES FY22/2 361604 1/19/2023 12,651.68 ESGIL LLC PLAN CHECKS FOR FIRE DEPT, FY 2023 361605 1/19/2023 2,240.40 ESTABROOK JR TRAINING REIM FOR TRACK 2 & 3 361606 1/19/2023 225.00 EXPERIAN CREDIT CHECKS 361607 1/19/2023 74.36 FON JON PET CARE CENTER BOARDING SERVICE FOR POLICE K9S 361608 1/19/2023 1,068.00 GEORGE H WATERS NUTRITION CTR SENIOR REC PROGRAM MORNING SOCIALS 361609 1/19/2023 380.00 GEOSYNTEC CONSULTANTS INC CIP 22-08 CNC ENCAPMPMENT CLEANUP 2022- 361610 1/19/2023 14,671.00 GRAINGER MOP 65179 GENERAL SUPPLIES- PW 361611 1/19/2023 210.04 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDING 361612 1/19/2023 887.07 HRTM CONSULTING TRAINING FOR TELESTAFF 361613 1/19/2023 1,360.00 JACOB 3048645 CITATION REFUNDS - MARCH 2022 361614 1/19/2023 10.00 KRONOS INC ANNUAL MAINTENANCE AND LICENSING FOR PD 361615 1/19/2023 92.04 LANGUAGE LINE SERVICES TRANSLATION SERVICE 361616 1/19/2023 8.46 LASER SAVER INC MP 04840 TONER PD 361617 1/19/2023 489.16 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 361618 1/19/2023 8,318.90 MASON'S SAW MOP 45729 EQUIPMENT SUPPLIES AND REPAIR 361619 1/19/2023 1,092.39 MIDWEST TAPE, LLC MIDWEST TAPE/DVDS/FY23 361620 1/19/2023 230.58 MIDWEST TAPE, LLC MIDWEST TAPE/BLU RAY AND DVDS/FY23 361621 1/19/2023 114.42 NAN MCKAY AND ASSOCIATES INC HCV FINANCIAL MANAGMENT MB & HOUSING REG 361622 1/19/2023 239.00 NAPA AUTO PARTS MOP 45735 AUTO SUPPLIES- PW 361623 1/19/2023 42.62 NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2023 361624 1/19/2023 381.98 NATIONAL CITY TROPHY MOP#66556 - FORMER MAYOR SOTELO / CM RIOS 361625 1/19/2023 505.69 NERI LANDSCAPE ARCHITECTURE CIP 22-20 LAS PALMAS POOL & FITNESS CENTER 361626 1/19/2023 84,215.85 WARRANT REGISTER # 29 1/19/2023 1/2Page 119 of 180 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 29 1/19/2023 NORTH PARK TROPHY & AWARD, INC SHIRT PINS / ROCKERS 361627 1/19/2023 754.25 NOWDOCS INTERNATIONAL INC GREEN VOID BOTTOM CHECK / FINANCE 361628 1/19/2023 391.50 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES- PW 361629 1/19/2023 307.55 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 361630 1/19/2023 97.23 PORAC QUARTERLY FEE 361631 1/19/2023 36.00 POWERSTRIDE BATTERY CO INC MOP 67839 GENERAL SUPPLIES- PW 361632 1/19/2023 311.94 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES-PW 361633 1/19/2023 1,043.62 PROFESSIONAL SEARCH GROUP LLC TEMP SERVICE - EMILY PORTES 361634 1/19/2023 1,596.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES-PW 361635 1/19/2023 723.45 RADY CHILDREN'S HOSPITAL SAN D SEXUAL ASSAULT EXAMS 361636 1/19/2023 1,100.00 S D COUNTY SHERIFF'S DEPT RANGE FEE FOR NOVEMBER 361637 1/19/2023 1,000.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 361638 1/19/2023 12.45 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361639 1/19/2023 877.51 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR FY23 361640 1/19/2023 3,487.77 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 361641 1/19/2023 335.46 SMART & FINAL MOP 45756, JANITORIAL/OFFICE SUPPLIES-FIRE 361642 1/19/2023 622.22 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES- PW 361643 1/19/2023 147.39 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2023~SEPT 361644 1/19/2023 501.82 SYMBOLARTS, LLC K9 TYSON BADGE 361645 1/19/2023 311.88 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361646 1/19/2023 2,846.99 TECHNOLOGY INTEGRATION GROUP MISC MIS EQUIP 361647 1/19/2023 89.18 TERMINIX INTERNATIONAL CITY OWNED FACILITIES ONGOING PEST 361648 1/19/2023 2,226.00 THOMSON REUTERS WEST PROFESSIONAL SERVICES / CAO 361649 1/19/2023 578.54 T-MOBILE MOBILE USA INC. GPS LOCATE ON MOBILE PHONE 361650 1/19/2023 25.00 TRI-GROUP CONSTRUCTION AND DEV CIP 19-04 CITYWIDE SAFE ROUTES TO SCHOOL 361651 1/19/2023 136,898.62 T'S & SIGNS COROPLASTIC PHOTO OP SIGNS 361652 1/19/2023 1,421.36 TYLER TECHNOLOGIES INC EDEN ANNUAL LICENSING 361653 1/19/2023 58,016.51 VASQUEZ TRAINING ADV LDG SUB UAS NIGHTTIME OPERA 361654 1/19/2023 397.47 VISTA PAINT MOP 68834 GENERAL SUPPLIES- PW 361655 1/19/2023 462.04 VORTEX INDUSTRIES INC CITYWIDE ON-SITE SERVICE AND REPAIRS 361656 1/19/2023 6,831.01 WEST COAST ARBORISTS TREE & STUMP REMOVAL SERVICES - ENG - PW 361657 1/19/2023 13,235.10 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY23 361658 1/19/2023 674.24 A/P Total 420,040.52 WIRED PAYMENTS PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - JANUARY 214421 1/13/2023 621.68 U S BANK DECEMBER US BANK STATEMENT / CSD 312417 1/13/2023 4,155.46 GRAND TOTAL 424,817.66$ 2/2Page 120 of 180 AGENDA REPORT Department: Administrative Services - Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Warrant Register #30 for the period of 1/20/23 through 1/26/23 in the amount of $2,959,351.54 RECOMMENDATION: Ratify Warrants Totaling $2,959,351.54 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 1/20/23 – 1/26/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Bureau Veritas N America 361664 $113,124.83 Plan Review Services / Building California Commercial Pool 361666 $262,293.74 CIP Las Palmas Pool Renovation Neri Landscape Architecture 361698 $52,099.00 CIP El Toyon Park Proposition 68 SDG&E 361710 $58,011.92 Gas & Electric for Facilities FY23 Public Emp Ret System 230120 $273,576.69 Service Period 12/13/22 – 12/26/22 The Bank of NY Mellon 447288 $386,970.90 SA National City RDA TARB 2017A FINANCIAL STATEMENT: Warrant total $2,959,351.54 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. 30 Page 121 of 180 PAYEE DESCRIPTION CHK NO DATE AMOUNT ADMINSURE INC WORKERS' COMPENSATION CLAIMS - FEB 361659 1/26/2023 8,353.00 ALDEMCO FOOD / NUTRITION CENTER 361660 1/26/2023 2,394.15 AMAZON FUJIFILM INSTANT FILM FOR A KIMBALL HOLIDAY 361661 1/26/2023 1,268.02 ANSER ADVISORY MANAGEMENT, LLC CIP 22-35 GRANT MANAGEMENT - ENG/PW 361662 1/26/2023 29,007.67 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361663 1/26/2023 81.18 BUREAU VERITAS N AMERICA INC PLAN REVIEW SERVICES / BUILDING 361664 1/26/2023 113,124.83 BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES 361665 1/26/2023 6,535.40 CALIFORNIA COMMERCIAL POOL CIP 22-01 LAS PALMAS POOL RENOVATION - ENG 361666 1/26/2023 262,293.74 CALIFORNIA DEPARTMENT OF SALES TAX LIABILITY 361667 1/26/2023 2,186.00 CALIFORNIA LAW ENFORCEMENT JANUARY 2023 - PD LTD 361668 1/26/2023 1,973.50 CALLOWAY REFUND OF MEP PAYMENT / YONIE ESSENTIALS 361669 1/26/2023 725.00 CDWG PALO ALTO NETWORK FIREWALL RENEWAL 361670 1/26/2023 31,956.98 CHEN RYAN ASSOCIATES INC CIP 19-24 BAYSHORE BIKEWAY SEGMENT5-ENG 361671 1/26/2023 34,301.53 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 361672 1/26/2023 4,000.00 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL - X-RAYS 361673 1/26/2023 100.00 CORELOGIC SOLUTIONS LLC REALQUEST MONTHLY REPORTS FY23 361674 1/26/2023 165.86 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 361675 1/26/2023 2,078.24 CPCA TRAINING BEOMING A POLICE CHIEF 361676 1/26/2023 595.00 CPCA TRAINING TUITION CPCA CHF - SULLIVAN 361677 1/26/2023 475.00 DE LAGE LANDEN DLL 20 SHARP COPIERS LEASE FOR FY23 361678 1/26/2023 2,939.63 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 361679 1/26/2023 1,000.00 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS 361680 1/26/2023 192.00 DEPT OF JUSTICE DOJ FINGERPRINTING NOVEMBER 361681 1/26/2023 1,008.00 D-MAX ENGINEERING INC CIP 22-46 NC STORM WATER SERVICES FY-22- 361682 1/26/2023 9,803.16 ENTERPRISE FLEET MANAGEMENT ENTERPRISE FLEET LEASE MANAGEMENT - ENG 361683 1/26/2023 20,093.36 EXOS WORKS, INC EXOS WORKS/MANAGEMENT FEES/FY23 361684 1/26/2023 8,003.14 FUSTON WOMEN LEADERS IN LAW ENFORCEMENT CONF 361685 1/26/2023 752.84 HDR ENGINEERING, INC. CIP 19-11 PARADISE CREEK AT PLAZA PHASE 361686 1/26/2023 944.75 HERC RENTALS INC GENERATOR RENTAL FOR A KIMBALL HOLIDAY 361687 1/26/2023 1,179.40 INNOVATIVE CONSTRUCTION CIP 22-01 LAS PALMAS POOL - ENG/PW 361688 1/26/2023 45,673.50 IPS GROUP INC PARKING PERMIT PORTAL & MERCHANT FEES 361689 1/26/2023 5,165.18 KIMLEY HORN CIP 2020-11 8TH & ROOSEVELT ATP- ENG-PW 361690 1/26/2023 29,003.12 KIMLEY HORN TOWER 999 OCTOBER CITY COUNCIL 361691 1/26/2023 2,600.00 KTUA CIP 22-54 CMO CONSTRUCTION DOCUMENTS 361692 1/26/2023 14,246.85 L N CURTIS & SONS 1.5X100' COUPLED 1.5NH YELLOW / FIRE 361693 1/26/2023 2,035.06 LACRTC TRAINING TUITION VASQUEZ UAS 361694 1/26/2023 755.00 LASER SAVER INC MOP 04840 PD REPAIR 361695 1/26/2023 300.00 LITERACYWORKS RFW- LITERACY WORKS/LITERACY/FY23 361696 1/26/2023 10,000.00 MARTINEZ SUPPLIES / REIMBURSEMENT 361697 1/26/2023 213.36 NERI LANDSCAPE ARCHITECTURE CIP 22-26 EL TOYON PARK PROPOSITION 68 361698 1/26/2023 52,099.00 NV5 INC CIP 21-15 MLK COMMUNITY CENTER REMODEL 361699 1/26/2023 8,068.00 ORTIZ TRAINING ADV LDG TACTICAL SCHL RESPN ACT 361700 1/26/2023 215.08 PALMA REIMBURSTMENT FOR INTERVIEW PANEL LUNCH 361701 1/26/2023 61.35 PROJECT PROFESSIONALS CORP CIP 22-19 SB 1 STREET RESURFING- ENG- PW 361702 1/26/2023 37,667.60 RANDALL LAMB ASSOCIATES INC CIP POLICE DEPT STANDBY POWER CONVERSION 361703 1/26/2023 42,212.50 REVIVE A CORPORATE WELLNESS ON-SITE EMPLOYEE HEALTH FAIR SERVICES 361704 1/26/2023 3,490.00 SAFETY-KLEEN SYSTEMS, INC PART #100030 RECOVERY FEE /FIRE 361705 1/26/2023 246.92 WARRANT REGISTER # 30 1/26/2023 1/2Page 122 of 180 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 30 1/26/2023 SAN DIEGO MIRAMAR COLLEGE TRAINING ROT / PD 361706 1/26/2023 69.00 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION ROT GONZALES / PD 361707 1/26/2023 23.00 SAN DIEGO PET SUPPLY MOP 02975 PD CANINE SUPPLIES 361708 1/26/2023 592.29 SD RENT PROS LIABILITY CLAIM COST 361709 1/26/2023 23,316.50 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 361710 1/26/2023 58,011.92 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 361711 1/26/2023 12.64 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361712 1/26/2023 875.32 SILVA TRAVEL EXPENSE REPORT 361713 1/26/2023 1,350.24 STAPLES BUSINESS ADVANTAGE MOP 20468 PD SUPPLIES 361714 1/26/2023 3,404.07 STC TRAFFIC CIP 19-22 HSIP CITY PROTEC LEFT TURN ENHANCE 361715 1/26/2023 17,441.03 STC TRAFFIC CIP 23-80 DIXON PARKING SERVICES - ENG/PW 361716 1/26/2023 42,582.31 SULLIVAN TRAINING ADV LDG CHIEF / PD 361717 1/26/2023 183.98 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361718 1/26/2023 2,727.70 TECHNOLOGY INTEGRATION GROUP MISC MIS EQUIP 361719 1/26/2023 328.43 THE COUNSELING TEAM INTERNATIONAL EMPLOYEE SUPPORT SVCS 4-PEOPLE/FIRE 361720 1/26/2023 340.00 TRI-GROUP CONSTRUCTION AND DEV CIP 19-19 ROOSEVELT SMART GROWTH - ENG/PW 361721 1/26/2023 44,274.87 A/P Total 997,117.20 WIRED PAYMENTS U S BANK PRC # T2770 - CREDIT CARD STATEMENT - FIRE 6744 1/20/2023 4,142.84 U S BANK PD TRAINING CREDIT 2023 MODIFICATION 6744 1/20/2023 1,290.06 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12/13/22-12/26/22 230120 1/20/2023 273,576.69 THE BANK OF NEW YORK MELLON SA NATIONAL CITY RDA TARB 2017A 447288 1/20/2023 386,970.90 UNION BANK OF CALIFORNIA GO BONDS OBLIGATION REFUNDING BONDS 2012 447291 1/20/2023 35,422.91 THE BANK OF NEW YORK MELLON SA NATIONAL CITY RDA TARB 2017B 447309 1/20/2023 19,422.80 THE BANK OF NEW YORK MELLON HUD 108 LOAN PAYMENT FOR FY 2022-2023 447312 1/20/2023 8,470.00 PAYROLL Pay period Start Date End Date Check Date 3 1/10/2023 1/23/2023 2/1/2023 1,232,938.14 GRAND TOTAL 2,959,351.54 2/2Page 123 of 180 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, Interim City Clerk Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Introduction and First Reading of Ordinance Amending National City Municipal Code Chapter 2.75 adjusting campaign contribution limits as required every odd-numbered year to reflect changes in the Consumer Price Index RECOMMENDATION: Introduce Ordinance by First Reading entitled, “Ordinance of the City Council of the City of National City, California, Amending Various Sections of the National City Municipal Code Chapter 2.75 to adjust the Campaign Contribution Limit for any Election Held on or after January 1, 2024.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: National City Municipal Code Section 2.75.030 (L) requires the City Clerk to adjust the campaign contribution limit every odd-numbered year to reflect any changes in the Consumer Price Index (CPI) for the San Diego Metropolitan Area for the two-year period ending on December 31st of the previous year and requires these adjustments to be rounded to the nearest five-dollars ($5) as a cost of living adjustment. Chapter 2.75 Section 2.75.030 (L) The campaign contribution limits and contribution acceptance and solicitation limits specified in subsections A, B, C and D of this section shall be adjusted in February of each odd-numbered year commencing in 2023, for changes in the Consumer Price Index (CPI) over the previous two -year period. The City Clerk shall apply the annual percent change in the CPI for all Urban Consumers (CPI -U) for the San Diego Metropolitan Area to determine the appropriate rate of increase or decrease. Adjustments made pursuant to this subsection shall be rounded to the nearest five dollars. The Consumer Price I ndex for the San Diego Metropolitan area for the periods of December 2021 and December 2022 were 8.2 and 6.7, respectively, demonstrating an overall increase of 13.3 percent. The contribution limits were previously set at one -thousand dollars ($1,000) in a calendar year for individuals (subsection A, and B), and two -thousand dollars ($2,000) in a calendar year from political party committees (subsections D, and E), political ac tion committees and independent committees to candidates or controlled committees. Page 124 of 180 Applying the percentage of change of the Consumer Price Index and rounding to the nearest five dollars ($5), the City Clerk adjusted the contribution limits to $1065 for individuals and $2130 for political action committees and independent committees to candidates or controlled committees. The City Clerk will be publishing the Notice of Campaign Contribution Limit Adjustment in the Star News, as required on Friday, March 10, 2023. Additionally, the Federal Voting Rights Act, together with an agreement between the U.S. Department of Justice and the San Diego County Registrar of Voters, requires translation of all election -related materials and notices into covered languages predominantly spoken by 10,000 voters of more in the County. Therefore, the City Clerk has caused the notice to be translated into and published in language -specific newspapers as follows: Spanish El Latino – publishing on March 10, 2023 Chinese Epoch Times on March 10, 2023 Vietnamese Nguoi Viet between March 8 and March 17, 2023 Filipino Filipino Press between March 8 and March 17, 2023 FINANCIAL STATEMENT: Not Applicable RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Communication and Outreach ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours in on the City Website, Bulletin Boards, and Social Media. Published in the Star News, El Latino, Filipino Press, and Nguoi Viet. ORDINANCE: First Reading EXHIBITS: Exhibit A – Strike Through Version Ordinance Exhibit B – Ordinance including proposed amendments Page 125 of 180 1 ORDINANCE NO. 2023 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTION 2.75.030 OF THE NATIONAL CITY MUNICIPAL CODE CHAPTER 2.75 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 2024 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 the National City Municipal Code Chapter 2.75 Section 2.75.030 (L), requires the City Clerk to adjust the campaign contribution limit every odd- numbered year to reflect any changes in the Consumer Price Index for the San Diego Metropolitan area; WHEREAS, the two-year period ending December 31 of the previous year includes calendar year January through December of 2021 and 2022 respectively; WHEREAS, the Consumer Price Index (CPI) for the San Diego Metropolitan area for periods of December 2021 and December 2022 were 8.2 and 6.7, respectively, demonstrating an overall increase of 13.3 percent; WHEREAS, The contribution limits were previously set at one-thousand dollars ($1,000) in a calendar year for individuals (subsection A, and B), and two -thousand dollars ($2,000) in a calendar year from political party committees (subsections D, and E), political action committees and independent committees to candidates or controlled committees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Chapter 2.75 Section 2.75.030 is amended to the National City Municipal Code, to read as follows: 2.75.030 - Campaign contributions—Limitations and exclusions. A. Contributions by individuals to candidates or controlled committees. No individual shall make any contribution to a candidate and/or the candidate's controlled committee, with respect to any single city election, which will cause the total amount contribut ed by such individual to the candidate and the candidate's controlled committee, when combined, to exceed one thousand and sixty-five dollars one thousand dollars in a calendar year. B. Acceptance or solicitation by candidates or controlled committees fro m individuals. No candidate or controlled committee, including the candidate's campaign treasurer, shall solicit or accept any contribution from any individual with respect to any single city election, which will cause the total amount contributed by such individual to the candidate and the candidate's controlled committee, when combined, to exceed one thousand and sixty-five dollars one thousand dollars in a calendar year. Page 126 of 180 2 C. Contributions by candidates. The provisions of subsections A and B of this secti on shall not apply to contributions from a candidate to his or her controlled committee, nor to the expenditure by the candidate of his or her personal funds on behalf of his or her own candidacy. D. Contributions by political party committees, political action committees and independent committees to candidates or controlled committees. No political party committee, political action committee or independent committee, shall make any contribution to a candidate and/or the candidate's controlled committee, with respect to any single city election, which will cause the total amount contributed to the candidate and the candidate's controlled committee, when combined, to exceed two thousand one hundred and thirty dollars two thousand dollars in a calendar year. E. Acceptance or solicitation by candidates or controlled committees from political party committees, political action committees and independent committees. No candidate or controlled committee, including the candidate's campaign treasurer, shall solici t or accept any contribution from any political party committee, political action committee, or independent committee, with respect to any single city election, which will cause the total amount accepted by such political party committee, political action committee, or independent committee to the candidate and the candidate's controlled committee, when combined, to exceed two thousand one hundred and thirty dollars two thousand dollars in a calendar year. F. Family contributions. Contributions by spouses shall be treated as separate contributions and shall not be aggregated. Contributions by children under eighteen years of age shall be treated as contributions attributed equally to each parent or guardian. G. Applicability of section to candidate and com mittees. The provisions of this section are applicable to any contributions made to a candidate or controlled committee whether used by such candidate or controlled committee to finance a current campaign, to pay debts incurred in prior campaigns, or otherwise. H. Contributions by city contractors. No individual who contracts with the City of National City, either for the rendition of personal services or for the furnishing of any materials, supplies, or equipment to the city, or for the sale or lease of a ny land or building, to or from the city, shall make any contribution to a city candidate or controlled committee at any time between the commencement of negotiations for and (i) the completion of performance of such contract or (ii) the termination of negotiations for such contract, whichever occurs later. I. Contributions from city employees. 1. It is unlawful for a candidate or a candidate's controlled committee, to solicit, directly or indirectly, a contribution from a city employee with knowledge tha t the person from whom the contribution is solicited is a city employee. 2. This subsection shall not prohibit a candidate or a candidate's controlled committee from soliciting contributions from city employees if the solicitation is part of a solicitation made to a significant segment of the public that may include city employees, and the solicitation does not otherwise violate the provisions of this chapter. 3. Nothing in this subsection prohibits a city employee from making a contribution to a candidate, and nothing in this subsection prohibits a candidate from accepting a contribution from a city employee. 4. As used in this subsection, the term "city employee" means any employee of the City of National City (city) or any of its organizatio nal subdivisions, agencies, offices, boards, or commissions. Page 127 of 180 3 J. Aggregation of contributions from different individuals financed, maintained, or controlled by same individual. Contributions from different individuals, but which are financed, maintained, o r controlled by the same individual, shall be aggregated for purposes of the contribution limits of subsections A and B of this section. All contributions made by an individual whose contribution activity is financed, maintained, or controlled by an indivi dual, shall be deemed to be made by the same individual. K. A contribution drawn from a checking account or credit card account held by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this subsection, and may lawfully be received by a candidate for elected city office. A non -monetary contribution in the form of goods and services donated by an individual doing business as a sole proprietorship is considered a contribution from that ind ividual for purposes of this subsection, and may lawfully be received by a candidate for elective city office. L. Adjustments for cost of living. The campaign contribution limits and contribution acceptance and solicitation limits specified in subsections A, B, C and D D and E of this section shall be adjusted in February of each odd -numbered year commencing in 2023, for changes in the Consumer Price Index (CPI) over the previous two -year period. The city clerk shall apply the annual percent change in the CPI for all Urban Consumers (CPI -U) for the San Diego Metropolitan Area to determine the appropriate rate of increase or decrease. Adjustments made pursuant to this subsection shall be rounded to the nearest five dollars. 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 _______, 2023. PASSED and ADOPTED this ______ day of ______________, 2023. _____________________________ Ron Morrison, Mayor ATTEST: ________________________________ Shelley Chapel, MMC, Interim City Clerk APPROVED AS TO FORM: ____________________________ Barry J. Schultz, City Attorney Page 128 of 180 ORDINANCE NO. 2023 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTION 2.75.030 OF THE NATIONAL CITY MUNICIPAL CODE CHAPTER 2.75 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 2024 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 the National City Municipal Code Chapter 2.75 Section 2.75.030 (L), requires the City Clerk to adjust the campaign contribution limit every odd- numbered year to reflect any changes in the Consumer Price Index for the San Diego Metropolitan area; WHEREAS, the two-year period ending December 31 of the previous year includes calendar year January through December of 2021 and 2022 respectively; WHEREAS, the Consumer Price Index (CPI) for the San Diego Metropolitan area for periods of December 2021 and December 2022 , were 8.2 and 6.7, respectively, demonstrating an increase of 13.3 percent; WHEREAS, The contribution limits were previously set at one-thousand dollars ($1,000) in a calendar year for individuals (subsection A, and B), and two -thousand dollars ($2,000) in a calendar year from political party committees (subsections D, and E), political action committees and independent committees to c andidates or controlled committees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Chapter 2.75 Section 2.75.030 is amended to the National City Municipal Code, to read as follows: 2.75.030 - Campaign contributions—Limitations and exclusions. A. Contributions by individuals to candidates or controlled committees. No individual shall make any contribution to a candidate and/or the candidate's controlled committee, with respect to any single city election, which will cause the total amount contributed by such individual to the candidate and the candidate's controlled committee, when combined, to exceed one thousand and sixty-five dollars in a calendar year. B. Acceptance or solicitation by candi dates or controlled committees from individuals. No candidate or controlled committee, including the candidate's campaign treasurer, shall solicit or accept any contribution from any individual with respect to any single city election, which will cause the total amount contributed by such individual to the candidate and the candidate's controlled committee, when combined, to exceed one thousand and sixty-five dollars in a calendar year. Page 129 of 180 C. Contributions by candidates. The provisions of subsections A and B of this section shall not apply to contributions from a candidate to his or her controlled committee, nor to the expenditure by the candidate of his or her personal funds on behalf of his or her own candidacy. D. Contributions by political party committees, political action committees and independent committees to candidates or controlled committees. No political party committee, political action committee or independent committee, shall make any contribution to a candidate and/or the candidate's controlled committee, with respect to any single city election, which will cause the total amount contributed to the candidate and the candidate's controlled committee, when combined, to exceed two thousand one hundred and thirty dollars in a calendar year. E. Acceptance or solicitation by candidates or controlled committees from political party committees, political action committees and independent committees. No candidate or controlled committee, including the candidate's campaign treasurer, shall solic it or accept any contribution from any political party committee, political action committee, or independent committee, with respect to any single city election, which will cause the total amount accepted by such political party committee, political action committee, or independent committee to the candidate and the candidate's controlled committee, when combined, to exceed two thousand one hundred and thirty in a calendar year. F. Family contributions. Contributions by spouses shall be treated as separat e contributions and shall not be aggregated. Contributions by children under eighteen years of age shall be treated as contributions attributed equally to each parent or guardian. G. Applicability of section to candidate and committees. The provisions of this section are applicable to any contributions made to a candidate or controlled committee whether used by such candidate or controlled committee to finance a current campaign, to pay debts incurred in prior campaigns, or otherwise. H. Contributions by city contractors. No individual who contracts with the City of National City, either for the rendition of personal services or for the furnishing of any materials, supplies, or equipment to the city, or for the sale or lease of any land or building, to or from the city, shall make any contribution to a city candidate or controlled committee at any time between the commencement of negotiations for and (i) the completion of performance of such contract or (ii) the termination of negotiations for such contract, whichever occurs later. I. Contributions from city employees. 1. It is unlawful for a candidate or a candidate's controlled committee, to solicit, directly or indirectly, a contribution from a city employee with knowledge that the person from whom the contribution is solicited is a city employee. 2. This subsection shall not prohibit a candidate or a candidate's controlled committee from soliciting contributions from city employees if the solicitation is part of a solicitation made to a significant segment of the public that may include city employees, and the solicitation does not otherwise violate the provisions of this chapter. 3. Nothing in this subsection prohibits a city employee from making a contribution to a candidate, and nothing in this subsection prohibits a candidate from accepting a contribution from a city employee. 4. As used in this subsection, the term "city employee" means any employee of the City of National City (city) or any of its organizational subdivisions, agencies, offices, b oards, or commissions. Page 130 of 180 J. Aggregation of contributions from different individuals financed, maintained, or controlled by same individual. Contributions from different individuals, but which are financed, maintained, or controlled by the same individual, shall be aggregated for purposes of the contribution limits of subsections A and B of this section. All contributions made by an individual whose contribution activity is financed, maintained, or controlled by an individual, shall be deemed to be made by t he same individual. K. A contribution drawn from a checking account or credit card account held by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this subsection, and may lawfully be received by a candidate for elected city office. A non -monetary contribution in the form of goods and services donated by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this subsecti on, and may lawfully be received by a candidate for elective city office. L. Adjustments for cost of living. The campaign contribution limits and contribution acceptance and solicitation limits specified in subsections A, B, D and E of this section shall be adjusted in February of each odd-numbered year commencing in 2023, for changes in the Consumer Price Index (CPI) over the previous two-year period. The city clerk shall apply the annual percent change in the CPI for all Urban Consumers (CPI -U) for the San Diego Metropolitan Area to determine the appropriate rate of increase or decrease. Adjustments made pursuant to this subsection shall be rounded to the nearest five dollars. 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 _______, 2023. PASSED and ADOPTED this ______ day of ______________, 2023. _____________________________ Ron Morrison, Mayor ATTEST: ____________________________ Shelley Chapel, MMC, Interim City Clerk APPROVED AS TO FORM: ____________________________ Barry J. Schultz, City Attorney Page 131 of 180 AGENDA REPORT Department: City Attorney's Office Prepared by: Barry J. Schultz, City Attorney Meeting Date: Tuesday, March 7, 2023 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 Establishing the Compensation of the Mayor and City Council. RECOMMENDATION: Adopt an Ordinance adjusting the Mayor and City Council compensation in accordance with City Council direction. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: As an election has occurred and resulted in elected officials beginning new terms of office, the City Council at its January 17th meeting discussed changes to their compensation. In accordance with Government Code section 36516.5 changes to compensation must coincide with elections at which members begin a new term in office. Changes made to compensation outside this window will not be effective until the following term in office (two years). The last salary adjustment for Mayor and City Council occurred on February 21, 2017. The last salary adjustment set the base salary of the City Council at $1,189.78 per month and the base salary of the Mayor at $4,532.13 per month. Compensation increases cannot exceed 5% per calendar year from the date of the last increase in compensation, Government Code Section 36516(a)(4). An elected Mayor, pursuant to Government Code Section 36516.1, may be provided with additional compensation to that which he/she receives as a councilmember. There are no limitations imposed on the amount of the Mayor’s compensation. At the January 17, 2023 City Council meeting, the City Council, in a 4 to 1 vote1, directed staff to prepare an ordinance increasing their compensation by 30%. The 30% increase would increase City Council compensation to $1,546.71 per month and the Mayor’s compensation to $5,891.77 per month. The proposed ordinance increased the salaries of the Mayor and City Council by 30%. 1 Mayor Morrison voted against. Page 132 of 180 The proposed ordinance was introduced by the City Council for a First Reading during the February 7, 2023 City Council Meeting. The City Council, in a 3 to 2 vote, directed staff to bring back the proposed ordinance for a Second Reading and Adoption. Vice-Mayor Molina and Councilmember Bush voted against the proposed ordinance. The proposed ordinance was brought back to City Council for a Second Reading and Adoption during the February 21, 2023 City Council Meeting. The City Council, in a 4 to 1 vote, modified the attached proposed ordinance to decrease the Mayor’s Compensation increase from 30% to 15%. The City Council’s increase remained the same at 30%. Mayor Ron Morrison voted against the proposed modified ordinance. If adopted this evening, the salary increases will be implemented the pay period beginning Apr il 18th. FINANCIAL STATEMENT: An increase of 15% for Mayor and a maximum 30% allowable by law for City Council will add approximately $28,000 of new expenditures to the General Fund. 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: Second Reading and Adoption EXHIBITS: Exhibit A - Ordinance Page 133 of 180 ORDINANCE NO. 2023 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ESTABLISHING THE COMPENSATION OF THE MAYOR AND CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is established at $1,546.71 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly compensation for the Mayor is established at $5,211.95 per month, pursuant to the provisions of Sections 36516.1 of the California Government Code. Section 3. This Ordinance shall take effect and be enforced thirty (30) days following its adoption by the City Council. Section 4. 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 21st day of February, 2023. PASSED and ADOPTED this 7th day of March, 2023. _____________________________ _______________________ Ron Morrison, Mayor ATTEST: ___________________________________ Shelley Chapel, MMC, Interim City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz, City Attorney Page 134 of 180 AGENDA REPORT Department: Administrative Services – Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Recruitment and Retention Update RECOMMENDATION: Receive the report. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Citywide Update In August 2022, staff gave a presentation to City Council regarding the City’s recruitment and retention efforts. During 2022, specifically the first half of the calendar year, the City experienced more than double the separations as compared to the 10-year average. The City was not spared from the national labor market trends of a record numbers of employees resigning, a shrinking unemployment rate, and a reduction in the civilian labor force overall. In addition to higher turnover, the applicant pools responding to our job openings were smaller than years past. Thankfully, due to the efforts of staff discussed at the August 16, 2022 City Council meeting (presentation attached as Exhibit B) and some changes in national labor trends, we are now seeing larger and more qualified applicant pools and reduced turnover. Through the efforts of Human Resources staff, hiring managers, and recruiting focused advocacy within each department, we have hired a record number of excellent full-time employees to join the City’s team. Attached as Exhibit A are the last three Civil Service Commission Personnel Reports, which list hires, promotions, and separations for all full-time positions and covers activity from July 2022 through February 2023. Over this period, the City had 32 new hires, 24 promotions, and 16 separations. For fiscal year 2022-2023, City Council authorized 340 budgeted full-time positions. Given the numbers above that means over the last 8 months we have hired 9% of our workforce, promoted 7%, and separated 5%. Over the last five years, the City Manager’s office has lead reorganization efforts for the Executive and Management level positions across the departments. In an effort to encourage succession planning and right-size operations for a City our size, the Executive team was reduced from 15 staff to 131 staff and the Management team has grown from 25 staff to 30 staff members between 2018 and current day. 1 Which will be further reduced to 12 upon the retirement of the Assistant Police Chief Page 135 of 180 Retention has also improved, as evidenced by a reduction in turnover. From January-July 2022 32 full-time employees separated from the City. During the following 7 month period (August 2022-Feburary 2023), only 12 full-time employees separated. Retention efforts included an employee engagement survey, which identified supervisor and customer service skills gaps across the City. To address these concerns, HR and the City Manager’s office have created the Together We Grow training program. In September 2022, we hosted a supervisor’s academy over five days, which was attended by supervisors, managers, and directors from various departments. Next up will be the Citywide customer service training. The City has been more active at organizing and hosting events for our employees, with the majority of the work coordinated by the City’s Culture Club. In October, there was a Citywide Halloween dress-up contest. In December, the Culture Club and City Manager’s office held a Citywide Holiday Party. In January, HR coordinated a Citywide Employee Health Fair. The Culture Club is made up of employees from each department and they continue to rollout new initiatives to improve employee morale and make National City a wonderful workplace environment. Since the last recruitment and retention report, all employees have received wage increases in accordance with past City Council action and the labor MOUs. In August 2022, members of the Police Officers Association (POA) received increases based on the results of a regional salary survey to maintain our salaries at mid-point of the 3rd and 4th ranked comparison agencies. In January 2023, part-time employees, confidential group members, Firefighters’ Association (FFA) members, and Municipal Employee Association (MEA) members received wage increases. In February 2023, Managers and Executives received wage increases. These increases represent the second year of three years’ worth of significant wage increases for all employee groups. In September of 2023 and 2024, the salary schedule for POA will be adjusted once again based on the results on a new salary survey to maintain National City’s position as the mid -point of the 3rd and 4th ranked agencies in the region. The MEA, Confidential, Management, and Executive annual wage increases from 2022-2024 were based on a classification and compensation survey of cities within San Diego County. Each position is receiving a 3% COLA increase each year, in addition to an equity adjustment that brings the top step for their position to within 70% of median over the three-year period. The current MOUs with all three National City labor unions are effective through December 31, 2024. In spring of 2024, staff, City Council, and labor group representatives will begin a new round of negotiations for the collective bargaining agreement to begin January 1, 2025. The remainder of the report is going to dive into details on the recruitment and retention efforts of the City’s three largest departments. Vacancies within the Fire, Police, and Engineering & Public Works departments can be the most impactful for residents since these staff provide emergency services during life or death situations, as well as provide critical maintenance and operation of the City’s infrastructure. In addition, these positions are often the most challenging to recruit for and the stakes are the highest for finding a quality candidate who is a good fit. Ideally, we aim for fire and police operations staff to stay at National City for their entire career in public service. On the engineering and public works side, the technical training and learning that takes place on the job also supports an emphasis on longevity. Fire Department Update Over the past six months, the Department has accomplished several goals in our efforts to recruit and retain current and future employees. In 2022, we hired our first class of Lateral Firefighters, two of which just recently successfully passed their 1-year testing and now have completed probation. Of these two, one is the second Page 136 of 180 female firefighter in the 135-year history of the Fire Department. In line with our retention efforts, the department sponsored one of our second year Firefighters to receive the training required to become a Paramedic and has now successfully completed all of the required testing. Once he receives his State of California Paramedic license, he will be providing advanced care to the community. Currently the Fire Department is working with our HR Department and the City of Coronado (Fire and HR) on the first joint promotional process for our two cities. Through this collaborative effort, the Department has not only enhanced the testing process, strengthened local partnerships (Coronado and Southwestern College), but also saved the City approximately $20,000.00 in costs. This savings was the direct result of not using an outside vendor to facilitate this test. On the recruitment front, the Department created a Recruitment Coordinator position from within our existing ranks, Firefighter/Paramedic Christopher Berry, whom has developed a strong social media presence and established a collaborative outreach program with local colleges that have Fire Science programs as a means to attract new recruits. Through these efforts, we have hired and are currently conducting a 10-week fire academy with 5 full time permanent employees and the Fire Department’s first open-enrollee (a volunteer position offered to a resident of National City). These employees will allow us to backfill current and forecasted vacancies, as well as allow us to enhance daily staffing based on recommendations from the CPSM study. Moving forward, we will continue to work collaboratively with HR to develop and pursue innovative strategies to ensure we only attract highly qualified candidates and to develop programs to retain those whom we have brought into our organization. Police Department Update The police department continues to recruit for police officer, dispatcher, and professional staff positions. Our Recruiting Team primarily focuses their efforts in the South Bay, however, due to the competitive job market they have expanded their focus to neighboring counties. As we continue to broaden our efforts, our best source of candidates come from current employee referrals. The hiring bonuses for dispatchers have proven to be effective. We continue to receive lateral applicants from San Diego County and from across the nation. Currently, there are three vacancies in dispatch and we remain optimistic we can fill the vacancies in the coming months. For police officers, there are currently three vacancies. The Recruiting Team continues to target recruit and police lateral candidates. We also remain optimistic in that we will fill those vacancies by the summer, however, proactive recruitment efforts must continue as we anticipate retirements at the end of the year. At this point in time, the long term effectiveness of lateral police officer bonuses is unknown as we are only a few months into the program. The recruitment and hiring for professional staff members continues to progress very well. We are receiving several candidates for every vacancy. The only drawback is that many candidates are unable to pass the police background required for employment. Fortunately, we have been able to hire quality candidates from the remaining pool of eligible applicants. Engineering & Public Works Department Update Despite additional turnover in several divisions of the engineering and public works department, we have made great strides in the overall recruitment and retention efforts. With the addition of an Assistant Director, we have been able to put more focus on streamlining the hiring process. In partnership with HR, a priority list for filing vacancies was established and progress has been on-going to recruit for these time-critical roles. Page 137 of 180 In the past six months, we have filled several openings in the engineering, parks, streets/wastewater, and facilities divisions. We are still in the process of filling the 13 vacancies, including those from two very recent separations. One challenge we have faced in all the roles that require more technical expertise or training (i.e., engineers & technicians, mechanics, tradespeople, equipment operators) is that the applicant pools have been very small. We believe this may be partly due to a general shortage of skilled workers, as well as lower compensation than what other employers offer for similar credentials. In an effort to counteract some of this effect, in addition to the standard recruitment done by HR, the department has augmented the effort by posting on local college and university job boards via Handshake, and sharing out to industry-specific organizations for a broader reach and audience. The department’s depth of knowledge from the longevity of its team members is invaluable. Every division within it enjoys the benefit of having employees who have been with the City for two decades or much longer. On a forward looking basis, we are aware of the impending retirement windows for employees in key roles. In order to facilitate the capture of this institut ional knowledge, we will be working with HR to identify options for early recruitment, role overlap, and succession planning. With regards to retention, more deliberate onboarding to ensure new employees are properly welcomed and feel part of the team immediately, as well as some additional opportunities for job-specific training, licensing, and role cross-training, enable us to build a strong foundation for long-term employment. FINANCIAL STATEMENT: N/A 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 – Civil Service Commission Personnel Reports Exhibit B – August 2022 Recruitment and Retention Presentation Exhibit C – March 2023 Recruitment and Retention Presentation Page 138 of 180 5A.1 NATIONAL CITY CIVIL SERVICE COMMISSION P E R S O N N E L R E P O R T September 14 , 2022 Appointments: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE TYPE OF APPOINTMENT Michael Judge Custodian Engineering/Public Works 07/26/22 Career/Regular Benjamin Martinez Neighborhood Services Manager Community Development 08/01/22 Career/Regular Alexander Mendevil Management Analyst II City Manager’s 08/09/22 Career/Regular Zachary Henry Police Recruit Police 08/09/22 Career/Regular Cecilia Garcia Police Officer Police 08/09/22 Career/Regular Mizael Aramburo Senior Office Assistant Library/Comm. Services 08/09/22 Career/Regular Veronica Castillo Home Delivered Meals Coordinator Library/Comm. Services 08/09/22 Career/Regular Sarah Esendencia Executive Secretary Community Development 09/06/22 Career/Regular Martha Juarez Asst. Dir. Engineering/Public Works Engineering/Public Works 09/06/22 Career/Regular Moises Sandoval Park Caretaker Engineering/Public Works 09/06/22 Career/Regular Promotions: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE From To Graham Young Police Captain Assistant Chief of Police Police 07/12/22 Rosie Machado Executive Assistant II Executive Assistant IV Police 07/26/22 Nicholas Black Firefighter Fire Engineer Fire 08/23/22 Daniel McGuire Firefighter Fire Engineer Fire 08/23/22 Separations: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE TYPE OF SEPARATION Christopher Carrillo Assistant Planner Community Development 07/07/22 Resigned Cruz Ruelas-Avila Civil Engineering Technician Engineering/PW 07/14/22 Resigned Alejandro Serpa Maintenance Worker Engineering/PW 07/21/22 Resigned Carla Hutchinson Assistant Engineer – Civil Engineering/PW 07/28/22 Resigned Grace Navarro Human Resources Manager Human Resources 08/25/22 Resigned Page 139 of 180 5A.1 NATIONAL CITY CIVIL SERVICE COMMISSION P E R S O N N E L R E P O R T January 10, 2023 Appointments: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE TYPE OF APPOINTMENT Joanne McGhee Community Services Manager Library/Comm. Services 10/18/22 Career/Regular Pablo Trejo Custodian Engineering/Public Works 11/15/22 Career/Regular Sunni Wyatt Police Officer Police 11/29/22 Career/Regular Franklin Sigston Police Dispatcher Police 11/29/22 Career/Regular Kaitlynn Norie Police Recruit Police 12/13/22 Career/Regular Barry Schultz City Attorney City Attorney 01/01/23 Career/Regular Promotions: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE From To Denisse Bautista Community Services Officer Police Investigator Police 09/20/22 Sergio Mora Battalion Chief Fire Chief Fire 09/20/22 Frank Parra Director of Emergency Svcs Assistant City Manager City Manager 09/20/22 David Gallegos Park Caretaker Maintenance Worker Engineering/PW 10/04/22 Christopher Garcia Supervising Custodian Facilities Maintenance Supervisor Engineering/PW 10/04/22 Christopher Sullivan Police Lieutenant Police Captain Police 10/04/22 Omar Ramirez Police Sergeant Police Lieutenant Police 10/04/22 Wade Walters Police Sergeant Police Lieutenant Police 10/04/22 Jose Pena Food Services Worker Sous Chef Library/Comm. Svcs. 10/18/22 Maria Wright Recreation Supervisor Nutrition Center Supervisor Library/Comm. Svcs. 11/29/22 Evelyn Nunez-Molina Administrative Secretary Executive Secretary Engineering/PW 11/29/22 Separations: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE TYPE OF SEPARATION Gabriela Torres Deputy City Attorney City Attorney 09/06/22 Resigned Edward Hernandez Equipment Mechanic Engineering/PW 09/20/22 Resigned Charles Palumbo Police Officer Police 10/03/22 Retirement Catherine Bautista Accounting Assistant Finance 11/21/22 Resigned Jennifer Gilman Assistant City Attorney City Attorney 12/08/22 Resigned Steve Shephard Police Sergeant Police 12/31/22 Retirement Page 140 of 180 5A.1 NATIONAL CITY CIVIL SERVICE COMMISSION P E R S O N N E L R E P O R T March 8 , 2023 Appointments: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE TYPE OF APPOINTMENT Ricardo Rodriguez Assistant Engineer - Civil Engineering/Public Works 01/10/23 Career/Regular Rasheed Farha Police Officer Police 01/10/23 Career/Regular Sandra Tec-Durazo Police Dispatcher Police 01/10/23 Career/Regular Roberto Castaneda Custodian Engineering/Public Works 01/24/23 Career/Regular Avier Washington Maintenance Worker Engineering/Public Works 01/24/23 Career/Regular David McEachern Community Development Specialist Housing Authority 01/24/23 Career/Regular Ashlin Lutes Deputy City Attorney City Attorney 01/24/23 Career/Regular Jose Casillas Sr. Park Caretaker Engineering/Public Works 01/24/23 Career/Regular Emily Roranes Portes Sr. Office Assistant City Manager 01/24/23 Career/Regular Daniel Gonzalez Housing Assistant Housing – Section 8 01/24/23 Career/Regular Hasani Wiggins Human Resources Manager Human Resources 02/07/23 Career/Regular Marshall White Firefighter Fire 02/07/23 Career/Regular Maxamillian Loree Firefighter Fire 02/07/23 Career/Regular Adolfo Osuna Firefighter Fire 02/07/23 Career/Regular Douglas Cromar Firefighter Fire 02/07/23 Career/Regular Joshua Catone Firefighter Fire 02/07/23 Career/Regular Promotions: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE From To Kaitlynn Norie Police Recruit Police Officer Police 12/19/22 Armando Washington Custodian Supervising Custodian Engineering/PW 01/05/23 Ronald Gutlay Accountant Management Analyst II Police 01/10/23 Cody Kalankiewicz Police Officer Police Corporal Police 01/10/23 Ryan Mariota Police Officer Police Corporal Police 01/10/23 Robert Rude Police Officer Police Corporal Police 01/10/23 John Dougherty Police Corporal Police Sergeant Police 01/10/23 John McGough Police Corporal Police Sergeant Police 01/10/23 Michael Shanahan Police Corporal Police Sergeant Police 01/10/23 Page 141 of 180 Separations: NAME POSITION TITLE DEPARTMENT EFFECTIVE DATE TYPE OF SEPARATION Anne Defazio Principal Librarian Library 02/06/23 Retirement Brian Redikop Police Officer Police 02/20/23 Retirement Alexander Mendivil Management Analyst II City Manager 02/21/23 Resigned Issac Flores Traffic Painter Engineering/Public Works 02/23/23 Resigned Ruben Mendoza Building Trade Specialist Engineering/Public Works 02/23/23 Resigned Page 142 of 180 August 16, 2022 RECRUITMENT & RETENTION Page 143 of 180 SAN DIEGO COUNTY UNEMPLOYMENT 3% AS OF APRIL 2022 •Lower than pre-pandemic levels RECORD 4.5M AMERICANS QUIT THEIR JOBS IN MARCH 2022 •Averaging 3% of employees each month •State and local govt. averaging 1.1% of employees each month (13% turnover per year) SINCE 2021, 45% INCREASE IN PUBLIC SECTOR JOB OPENINGS AND 56% DECREASE IN APPLICANTS PER JOB Labor Market Conditions 2 |Page 144 of 180 Labor Market Drivers CHANGE IN WORKPLACE EXPECTATIONS •Remote, flexible, work/life balance, higher wages BABY BOOMERS RETIRING •Size of active labor market smaller than pre-pandemic 3 |Page 145 of 180 4 |Source: US Bureau of Labor Statistics Page 146 of 180 NATIONAL CITY –12.5% VACANCY RATE •10% during prior two years LA MESA –9.28% VACANCY RATE CHULA VISTA -10% VACANCY RATE LEMON GROVE –17% VACANCY RATE CARLSBAD –30% VACANCY RATE Vacancy Rates 5 |Page 147 of 180 SIGNIFICANT WAGE INCREASES, ACROSS ALL EMPLOYEE GROUPS USING TEMPORARY STAFFING TO FILL VACANCIES DURING RECRUITMENT PROCESS TO REDUCE BURNOUT OF PERMANENT EMPLOYEES CULTURE •Management/Supervisor support for staff •Culture Club organizing social and recognition events •Flexible Remote Work Policy •Supportive internal service departments •Technology improvements to increase efficiency Retention Solutions 6 |Page 148 of 180 EXPANDED ADVERTISING OF OPEN POSITIONS •Job bulletins highlight National City perks, ex: 4/10 schedule •City presence on LinkedIn & social media •Paying for sponsored postings on job boards •Posting to professional development organizations •FY23 media campaign to highlight careers in public safety CREATED NEW CLASSIFICATIONS •Lateral Firefighter, Police Officer, & Dispatcher •PT Call Taker Recruitment Solutions 7 |Page 149 of 180 REVAMPING CANDIDATE REVIEW PROCESS •Increasing speed of applicant review •For most challenging positions, direct calls and texts to applicants to schedule assessments BUILDING PIPELINES INTERNALLY •Together We Grow training program •Supervisors Academy •Acting assignments •Increasing frequency of public safety recruitments and promotional processes Recruitment Solutions 8 |Page 150 of 180 DEPARTMENT OF 51 FT EMPLOYEES CURRENTLY HAVE 3 VACANCIES NEW SOUTH BAY FIRE TESTING CONSORTIUM •National City, Chula Vista, Imperial Beach, and Coronado •Joint Firefighter recruitment in July EXTERNAL OUTREACH •Sweetwater High •Girls Empowerment Camp •Paramedic Schools •Regional Fire Academies Fire Recruitment & Retention 9 |Page 151 of 180 PROFESSIONAL DEVELOPMENT •California State Fire Marshal classes •Extensive tuition reimbursement program •Sponsorship to Paramedic School •Single Resource Program for California State Wildfires •California Firefighter Joint Apprenticeship Committee Program •Southwestern Community College Fire Science Program SUCCESSION PLANNING •Acting assignments for Battalion Chief, Captain, and Engineer •Active Ride-a-long Program for new Recruits •Exploring additional benefits to recruit lateral hires Fire Recruitment & Retention 10 |Page 152 of 180 11 |Page 153 of 180 DEPARTMENT OF 20 FT EMPLOYEES CURRENTLY HAVE 3 VACANCIES RECLASSIFICATIONS & NEW CLASSIFICATIONS •Community Services Manager •Recreation Supervisors •Nutrition Services Supervisor EXPLORATION OF PIPELINE POSITIONS •Create positions “step ladder” •Recreation and Library Library & Community Services Recruitment & Retention 12 |Page 154 of 180 HIGH SCHOOL AND COLLEGE RECRUITMENT •Part-time Recreation Recruitment •High School Students -16 year olds with work permit •College –Job Fairs, Postings PROFESSIONAL DEVELOPMENT/TRAINING •CPRS/CLA Memberships and Training •CPRS/CLA Conferences Library & Community Services Recruitment & Retention 13 |Page 155 of 180 DEPARTMENT OF 128 FT EMPLOYEES CURRENTLY HAVE 11 VACANCIES POLICE OFFICERS •Recruiting in Imperial and Orange County •Current members remain our best recruiters •Created our own physical agility course to expedite process DISPATCHERS •Dispatcher Retention Stipend and Recruitment Bonus •Recruiting candidates outside county •Revamped Criticall Test Police Recruitment & Retention 14 |Page 156 of 180 CADET PROGRAM •New Police Coordinator and Advisors •Frequent recruitment visits to Sweetwater High School, Private Schools, and Community Youth Groups •Added new training components to enhance experience •Encourage Cadets to apply as Volunteers or FT/PT positions in the City RETENTION AND SUCCESSION •Promotion of Asst. Chief and Command Staff Positions •Professional Development / Team Building Workshops •Mentorship Program –ongoing and during Academy / Field Training Phase •Acting Assignments •Promotional Workshops Police Recruitment & Retention 15 |Page 157 of 180 DEPARTMENT OF 61 FT EMPLOYEES CURRENTLY HAVE 14 VACANCIES RECRUITMENT AND SUCCESSION PLANNING •Intern Program •Part-time Position Recruitment •Reclassification of Positions •High School Students RETENTION •Onboarding •Professional Development / Training Program •Acting Assignments –Promote from within •Employee Recognition Program Public Works/ Engineering Recruitment & Retention 16 |Page 158 of 180 DEPARTMENT OF 22 FT EMPLOYEES CURRENTLY HAVE 5 VACANCIES CDD RECLASSIFICATIONS & NEW CLASSIFICATIONS •Planning Manager •Homelessness Services Coordinator CDD RECRUITMENTS •Building Official •PT & FT Code Conformance Officer •Assistant Planner •Health & Environmental Justice Planner Community Development Recruitment & Retention 17 |Page 159 of 180 DEPARTMENT OF 15 FT EMPLOYEES CURRENTLY HAVE 3 VACANCIES HA RECLASSIFICATIONS & NEW CLASSIFICATIONS •Housing Compliance Specialist II •Assistant Director of Housing HA RECRUITMENTS •Housing Programs Specialist II •Housing Assistant (Section 8) Housing Authority Recruitment & Retention 18 |Page 160 of 180 35.5 FT EMPLOYEES CURRENTLY HAVE 4 VACANCIES •REORGANIZATION TO STRENGTHEN MANAGER LEVEL POSITIONS AND CROSS TRAIN STAFF ON ESSENTIAL DUTIES •FOCUS ON TRAINING AND PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR NEW STAFF •LEADING CITYWIDE RECRUITMENT & RETENTION EFFORTS Support Service Departments & Succession Planning 19 |Page 161 of 180 •VACANCY RATES SIMILAR TO NEIGHBORING AGENCIES •ALL EMPLOYERS DEALING WITH HISTORIC LABOR MARKET TRENDS •IMPLEMENTING NEW SOLUTIONS TO ADDRESS RECRUITMENT & RETENTION •EMPLOYEE ENGAGEMENT SURVEY •TOGETHER WE GROW CITYWIDE TRAINING PROGRAM Summary 20 |Page 162 of 180 March 7, 2023 RECRUITMENT & RETENTION UPDATE Page 163 of 180 City employs approximately 400 essential workers National City is a full-service city (no public safety contracts) Committed work force that relies on fiscal sustainability 2 Core Services = Our People Page 164 of 180 JULY 2022 THROUGH FEBRUARY 2023: •32 Hires •24 Promotions •16 Separations Full-Time Recruitment Activity 3 |Page 165 of 180 2018 VERSUS 2023 •Reduced Executive staff from 15 to 13 •Increased Management staff from 25 to 30 FOCUS ON SUCCESSION PLANNING •Creation of strong Management positions within all departments •Identify pending retirements for key positions Leadership Reorganization & Succession Planning 4 |Page 166 of 180 REDUCTION IN TURNOVER •From 32 to 12 over 7 month period EMPLOYEE ENGAGEMENT SURVEY TOGETHER WE GROW •Supervisor’s Academy –Sept 2022 •Customer Service –Spring 2023 CULTURE CLUB & EMPLOYEE EVENTS Retention –Culture & Workplace 5 |Page 167 of 180 POA •In August 2022, adjustment to maintain mid -point of 3rd and 4th ranked agencies MEA & CONFIDENTIAL •In January 2023, 3% COLA + equity adjustments FFA & PT •In January 2023, 3% COLA MANAGEMENT & EXECS •In February 2023, 3% COLA + equity adjustments Retention –Wage Increases 6 |Page 168 of 180 DEPARTMENT OF 51 FT EMPLOYEES FIREFIGHTER •2 Laterals passed probation •Paramedic sponsorship •Recruitment Coordinator –Christopher Barry •5 new hires as of 2/7 •Open enrollee PROMOTIONS •Joint promotional process with Coronado Fire Dept. Update 7 |Page 169 of 180 FIRE VIDEO TO PLAY DURING PRESENTATION 8 |Page 170 of 180 DEPARTMENT OF 128 FT EMPLOYEES DISPATCHERS •Bonus program working •Hired 2 since August and promoted one PT Call Taker •3 vacancies with potential hires in process OFFICERS •3 vacancies, expect to fill by summer •Pending retirements later in 2023 will create new vacancies •New lateral bonus program Police Dept. Update 9 |Page 171 of 180 DEPARTMENT OF 61 FT EMPLOYEES RECRUITMENT •Assistant Director •Priority setting vacancies •Struggle to find qualified candidates for roles with technical expertise & training •Expanded posting of job opportunities FUTURE PLANS •Aware of impending retirements of long time employees •Early recruitment and overlap for replacements Public Works/Engineering Dept. Update 10 |Page 172 of 180 •MEANINGFUL DROP IN TURNOVER OVER LAST 7 MONTHS •SEEING RESULTS FROM RECRUITMENT EFFORTS IN RECORD NUMBER OF NEW HIRES FOR THE CITY •SIGNIFICANT WAGE INCREASES FOR ALL EMPLOYEES •CONTINUING TO PILOT NEW IDEAS FOR RECRUITMENT & RETENTION •FOCUSED ON RECRUITING FOR CORE SERVICES Summary 11 |Page 173 of 180 AGENDA REPORT Department: Administrative Services - Finance Prepared by: Paul Valadez, Budget Manager Meeting Date: Tuesday, March 7, 2023 Approved by: Brad Raulston, City Manager SUBJECT: Staff Report: Fiscal Year 2022 Budget Review RECOMMENDATION: Accept and file this staff report BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: BACKGROUND As part of the City of National City’s Strategic Plan objective to provide consistent financial reports, this staff report to City Council presents an update on the City’s financial operations for the fiscal year ending June 30, 2022. DISCUSSION Budgets are projections based on known and anticipated future revenues and expenditures. Throughout the year, staff monitor and analyze revenues and expenditures, develop projections, and provide periodic financial reports to the City Council, City Manager, and department directors. The totals presented herein for fiscal year 2022 are a summary of the actual revenues and expenditures, and their impact on fund balance compared to the corresponding budgeted amounts for the year. Fiscal Year 2022 The fiscal year 2022 adopted budget authorized the use of $3.8 million of General Fund unassigned fund balance. Through a combination of overall cost savings and unanticipated increases in revenues, however, the unassigned fund balance grew by $6.5 million. The variances between budgeted and actual revenues and expenditures and the impacts on fund balance are summarized below. Revenues The City receives revenues from various sources, some of which, such as taxes and fees, provide unrestricted cash that may be used at the City’s discretion. Other revenues are reserved for specified purposes, for example, grant funds received for capital projects. Actual general fund Page 174 of 180 revenues, including transfers from other funds, for fiscal year 2022, listed by source in the table below, were more than their combined budgeted total by approximately $9 million. Fiscal Year-End Revenue Totals Revenue Source FY22 Adjusted Budget1 FY22 Actual3 Variance Sales & Use Tax $ 20,397,106 $ 23,849,255 $ 3,452,149 District Transactions & Use Tax 12,654,000 15,246,516 2,592,516 Property Tax2 2,372,998 2,407,624 34,626 Property Tax in Lieu of VLF 7,741,006 7,895,180 154,174 Other Revenues 14,551,981 15,339,352 787,371 Transfers In 2,065,500 2,065,500 0 Total $ 59,782,591 $ 66,803,428 $ 7,020,837 1 adopted budget, plus budget adjustments 2 reflects reduction for property tax allocation to the Library and Parks Maintenance funds 3 actual amounts are unaudited Sales & Use Tax and District Transactions & Use Tax: The budgeted amounts for these two major funding sources were based on projections provided by the City’s sales tax consultant. The projections anticipated less robust retail sales due to the COVID-19 pandemic than has turned out to be the case. Retail sales activity resulted in Sales & Use Tax revenues surpassing the actual amounts of last fiscal year, which had also beat expectations. These revenues exceeded the budget by $3.5 million. The District Transactions & Use Tax is finished the year at $2.6 million above the budgeted level for similar reasons. Property Tax and Property Tax in lieu of VLF (vehicle license fee) saw a combined 1.9% increase above the budgeted amount, with a net impact of $188,000 between the two revenue sources. Both Property Tax and Property tax in lieu of VLF have grown year over year and are projected to continue to steadily grow into the future as property values continue to rise. Revenues in the “Other Revenues” category ended the year above budget by $790,000, which is attributable to a combination of projected positive and negative variances in the various individual accounts. The primary contributors to the variance in this category include rental payments for City owned land ($600,000), pass-through and residual balance payments from the Successor Agency ($460,000), the transient lodging tax ($360,000), plan checking fees ($280,000), and overtime reimbursements ($200,000). These increases were tempered by unrealized losses on investments ($1.3 million) and losses in investment earnings ($960,000). Expenditures As of June 31, 2022, General Fund expenditures, including transfers to other funds, totaled $59.7 million, $10.0 million less than the adjusted budget of $69.6 million. Expenditure variances are summarized by category in the table below. Page 175 of 180 FY 2022 Year-End Expenditure Totals Expenditure Type FY22 Adjusted Budget1 FY22 Actuals2 Variance Personnel Services $ 42,700,962 $ 39,885,936 $ 2,815,026 Maintenance & Operations 8,167,730 7,150,805 1,016,925 Capital Projects 7,762,293 1,994,645 5,767,649 Capital Outlay 167,450 151,179 16,271 Internal Service Charges 7,646,142 7,610,451 35,691 Transfers Out 3,194,303 2,883,446 310,857 Total $ 69,638,881 $ 59,676,462 $9,962,419 1 adopted budget total, plus budget amendments, encumbrances, & capital projects appropriations carried forward from previous fiscal year(s) 2 actuals are unaudited Personnel costs make up approximately 68% of the General Fund’s budget. They ended the fiscal year under budget overall by $2.8 million. While vacant authorized positions contribute to the savings, costs related to overtime requirements, primarily in the Police and Fire departments, exceeded budgeted amounts by $900,000. In addition, the costs for worker’s compensation insurance, differential pay and allowances and stipends were greater than the budget by a combined $400,000. Overtime reimbursements for fire and police services exceeded the budgeted amount by approximately $200,000, offsetting a portion of these costs. Maintenance & Operations (“M&O”) savings of $1.0 million were realized across various accounts, but particularly in Contract Services ($800,000); Street Lights & Signals ($100,000); and Promotional Activities ($80,000). The capital projects category had a variance of $5.8 million between the budget and actuals. This $5.8 million does not represent savings. Rather, it is unspent monies on specifically authorized capital improvement projects that are still ongoing. The unspent appropriations were carried over to the fiscal year 2023 budget. Net Impact on Overall Fund Balance The table below combines the above revenue and expenditure tables to compare the adjusted budget’s impact on fund balance to the actual impact on fund balance. Actual fiscal year 2022 revenues, expenditures, and transfers resulted in an estimated increase of $9.3 million in the overall fund balance of the General Fund, as compared to the adjusted budgeted usage of $9.9 million (primarily a combination of the authorized use of $3.8 million, carry-overs from fiscal year 2021, and budget adjustments authorized during the year). This variance is due to the unspent capital projects appropriations and operational savings discussed above. As discussed further below, fund balance is divided into five categories, non-spendable, restricted, committed, assigned, and unassigned. Page 176 of 180 Fund Balance Change – Actual vs Budget (Estimated) Adjusted Budget Actual Variance Revenues 57,717,091 64,737,928 $7,020,837 Transfers In 2,065,500 2,065,500 - Total Revenues & Transfers In 59,782,591 66,803,428 $7,020,837 Expenditures $66,444,578 $56,793,016 $(9,651,562) Transfers Out 3,194,303 2,883,446 $(310,857) Total Expenditures & Transfers Out $69,638,881 $59,676,462 $(9,962,419) Fund Balance Gain/(Usage) $(9,856,290) $7,126,966 $16,983,256 Beginning Fund Balance $50,893,051 $50,893,051 - Ending Fund Balance $60,020,017 $58,020,017 - In accordance with Governmental Accounting Standards Board (“GASB”) Statement Number 54, fund balance is classified into the aforementioned categories based primarily on the extent to which its use of resources is constrained. The table below reflects the estimated changes in each category of fund balance within the General Fund from June 30, 2021 to June 30, 2022. The balances are dependent not only upon the results of operations, i.e., revenues and expenditures, but also upon changes in such things as liabilities accrued for employee benefits and unspent appropriations carried over to the succeeding fiscal year. Components of Fund Balance (Estimated) FY 21 FY 22 Change Non-spendable $3,964,435 $3,966,628 $2,193 Restricted $10,833,351 $9,546,733 $(1,286,618) Committed $14,945,000 $15,680,000 $735,000 Assigned $7,193,969 $8,400,718 7,193,969 $1,206,749 64,696 Unassigned $13,956,296 $20,425,938 14,3618.49 $6,469,642 (1,933,270) ) Total $50,893,051 $58,020,017 $7,126,966 Summary of fund balance changes by category: Non-spendable – fund balance representing assets which are not in spendable form. This is primarily land held for resale. Restricted – category with spending constraints stipulated either “externally” by the provider of the assets or by law. For the City, the primary components of this category are the Section 115 trusts for pension and other post-employment benefit obligations (OPEB). There is a decrease in the amount of restricted fund balance as a result of investment losses in the two 115 trusts that erased approximately the same amount of gains received in fiscal year 2021. Committed – total of resources which have internally imposed restrictions mandated by formal action of the City Council. This category comprises the City’s Economic Contingency Reserve, which was increased by City Council action on June 15, 2021 by $3.1 million to Page 177 of 180 $12.2 million, and the Facilities Maintenance Reserve, which was increased as part of that same action by $345,000 to $2.7 million. Assigned – assets constrained by the Council’s intent that they be used for specific purposes but not meeting the more strict criteria for classification as restricted or committed. The primary components are amounts set aside for compensated absences and those carried over for capital projects and open purchase orders. The amount of carry-overs can vary from year to year depending upon the projects underway. Unassigned – total of spendable amounts not allocated to the other fund balance categories and which is available for use at Council’s discretion. Unassigned fund balance shows an increase of $6.5 million to $20.4 million. City Council Policy #201 specifies maintaining the unassigned fund balance at a target level of 10% of budgeted operating expenditures. Conclusion The City’s General Fund experienced an increase in fund balance in fiscal year 2022 that will allow the City to maintain or exceed targets for key reserves. The greatest contributors to the increase in fund balance were better than budgeted revenues due to a continued recovery from the COVID-19 pandemic, coupled with operational savings. Per City Council Policy #201, the status of these reserves will be reviewed and presented to the City Council as part of the budget development process for fiscal year 2024. 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: Not Applicable EXHIBITS: None Page 178 of 180 CITY COUNCIL ITEM REQUEST The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action. Requesting Member of City Council: Council Member Rodriguez Today’s Date: Tuesday, March 7th, 2023 Is this matter considered Time-Sensitive by another entity deadline? No WRITTEN REQUEST I, Council Member Rodriguez, hereby request the National City Council to provide direction to Attorney Schultz for clarity on Election Code from the California Attorney General. We are requesting clarity regarding General Law cities’ ability to have a primary voting system if municipalities would choose to do so. Page 179 of 180 CITY COUNCIL ITEM REQUEST The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action. Requesting Member of City Council: _____________________________________________________ Today’s Date: _______________________________________________________________________ Is this matter considered Time-Sensitive by another entity deadline? ____________________________ WRITTEN REQUEST ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Marcus Bush February 28, 2023 No Marcus BushI, _______________________________, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration. Repeal of the City's Cruising Prohibition (Section 11.68.050) for discussion in April. I also would like info____________________________________________________________________________________ on business impacts from the May 6, 2022 cruising event. ____________________________________________________________________________________ Page 180 of 180