Agenda packet, second session — National City City Council, February 1, 2022 (part 1 of 4)

ALEJANDRA SOTELO-SOLIS
Mayor

MARCUS BUSH
Vice Mayor

RON MORRISON
Councilmember

MONA RIOS
Councilmember

JOSE RODRIGUEZ
Councilmember

1243 National City Blvd.

National City, CA 91950
619-336-4240

Meeting agendas and
minutes available on the
City’s website at
WWW.NATIONALCITYCA.GOV

NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority.

The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19).

The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act.

As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve.

A live webcast of the meeting may be viewed on the city’s website at www.nationalcityca.gov. For Public Comments see “ PUBLIC COMMENTS” section below

ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meeting s begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting . If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of t he Community Development
Commission (CDC).

REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the me eting, are available for review on the City’s website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City’s website at www.nationalcityca.gov.

PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below:

Submit your public comment prior to the meeting: To submit a comment in writing, email [email protected], provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comm ent is not related to a specific agenda item,

AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY OF

THE CITY OF NATIONAL CITY

ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast

LIVE WEBCAST

COUNCIL CHAMBERS

CIVIC CENTER
1243 NATIONAL CITY BOULEVARD

NATIONAL CITY, CALIFORNIA
TUESDAY, FEBRUARY 1, 2022 – 6:00 PM

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indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record.

Register online and participate in live public comment during the meeting : To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting.

***Please note that you do not need to pre-register to watch the meeting online, but you must pre-register if you wish to speak.

Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties.

***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. P ublic microphones will be muted until it is your turn to comment.

Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated.

All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whol e and avoid personal attacks against members of the public, City Council, and city staff.

Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at [email protected].

INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre-Register on Zoom . Once logged into Zoom to use the interpretation feature , please scroll to the bott om of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (…), then Interpretation, and then choose your language.

WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted.

CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent port ion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public.

Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with th e Americans with Disabilities Act. Please 2 of 629

contact the City Clerk’s Office at (619) 336 -4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID -19 sigue siendo nuestra máxima prioridad. El Ayuntamiento de la Ciudad de National City se está coordi nando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagación del nuevo coronavirus (COVID -19). La Organización Mundial de la Salud declaró el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspensión de ciertas leyes de reuniones públicas, tal como la Ley Brown.

Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se llevará a cabo solamente en línea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podrá ver una transmisión en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios públicos, vea la sección “COMENTARIOS PÚBLICOS” más adelante.

ORDEN DEL DÍA: Las sesiones públicas de todas las juntas ordinarias del Concejo Municipal/Comisión de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Órgano Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes.

Las audiencias p úblicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesión abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesión cerrada, la junta se realiza como sesión cerrada. Si se programa una reunión de discusión y análisis, el tema y la hora de la misma aparecerán en la agenda. La Alcaldesa y los Concejales se reúnen por igual que el Presidente y los integrantes del Consejo de la Comisión de Desarrollo Comunitario.

INFORMES: Todos los temas e informes de la agenda de la sesión abierta, así como todos los documentos y escritos entregados al Órgano Electo menos de 72 horas antes de la sesión, aparecerán en el sitio web del Ayuntamiento. Las juntas ordinarias del Órgan o Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov.

COMENTARIOS PÚBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escu chadas y consideradas por nuestro Concejo Municipal como se describe a continuación:

Envíe su comentario público antes de la sesión: Para enviar un comentario por escrito, envíe un correo electrónico a [email protected], proporcione el núme ro del tema o asunto de la agenda y el título del tema o asunto en la línea de asunto de su correo electrónico. Los comentarios o testimonios públicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto específico de la age nda, indique Comentario Público General en la línea de asunto. Todos los comentarios por correo electrónico recibidos antes de las 4:00 p.m. del día de la sesión se enviarán por correo electrónico a los miembros del Concejo Municipal y formarán parte del acta oficial.

Regístrese en línea y participe en los comentarios públicos en vivo durante la sesión:

Para proporcionar comentarios públicos en vivo durante la sesión, debe registrarse previamente en el sitio web del Ayuntamiento en
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https://www.nationalcityca.gov/publiccomment antes de las 4:00 p.m . del día de la junta ordinaria para incorporarse a la sesión del Concejo Municipal.

***Tenga presente que no necesita registrarse previamente para ver la sesión en línea, pero debe registrarse previamente si desea hablar.

Una vez registrado, recibirá un correo electrónico con un enlace de Zoom para integrarse a la sesión en vivo. Puede participar por teléfono o por computadora. Tómese el tiempo necesario para iniciar la reunión en Zoom an tes del inicio de la sesión para asegurarse de no encontrar dificultades técnicas de último momento.

***Tenga presente que las personas del público no se mostrarán en vídeo; podrán observar, escuchar y hablar cuando se les solicite. Los micrófonos público s se silenciarán hasta que sea su turno de comentar.

Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extensión de los comentarios debido a la cantidad de personas que deseen h ablar o si los comentarios se vuelven repetitivos o no relacionados.

Todos los comentarios están sujetos a las mismas reglas que de otro modo regirían los comentarios de los oradores en la sesión. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del público, el Concejo Municipal y el personal del Ayuntamiento.

¿Preguntas sobre comentarios públicos o protocolos del Concejo Municipal? Comuníquese con la Oficina de la Secretaria del Ayuntamiento al teléfono (619) 336 -4228, o por correo electrónico a [email protected].

SERVICIO DE INTERPRETACI ÓN: Para utilizar la función de interpretación zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesión en zoom para utilizar la función de interpretación, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Haga clic en el ícono de interpretación (globo terráqueo), y seleccione " Spanish" (español). Si está utilizando la aplicación móvil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (…), luego "interpretation" y luego el idioma.

AGENDA ESCRITA: Con contadas excepciones, el Órgano Electo puede tomar medidas únicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido después de haber sido publicada la agenda.

CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los tema s de consentimiento se adoptan mediante la aprobación de una sola moción del Concejo Municipal. Antes de la aprobación, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a petición de un concejal, individuo d el personal del Ayuntamiento o persona del público.

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Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al teléfo no (619) 336 -4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificación o adaptación de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesión permitirá al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.

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OPEN TO THE PUBLIC

A. CITY COUNCIL

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC COMMENTS (THREE-MINUTE TIME LIMIT)

PROCLAMATIONS AND CERTIFICATES

AWARDS AND RECOGNITIONS

PRESENTATIONS (FIVE-MINUTE TIME LIMIT)

1. Maritime Clean Air Strategy - Implementation Update and Preliminary Health Risk Assessment (Port of San Diego). (Sandy Naranjo, Port Commissioner, Port of San Diego and Larry Hofreiter, Program Manager, Port of San Diego)

INTERVIEWS / APPOINTMENTS

2. Appointments: City Boards Commissions and Committees - Mayoral Appointments to Board of Library Trustees, Public Art Committee, Traffic Safety Committee and Veterans & Military Families Advisory Committee. (City Clerk)

REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)

CONSENT CALENDAR

3. Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk)

4. Approval of City Council Meeting Minutes, Parking Authority Meet ing Minutes, and Successor Meeting Minutes for Meetings held in November and December 2021. (City Clerk)

5. Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to March 1, 2022, as required by AB 361. (City Clerk)

6. Resolution of the City Council of the City of National City, California approving and ratifying the Second Amendment to an Agreement between the City of National City and Kreisberg Law Firm LLP for legal services in the specialized 6 of 629

area of labor law to extend the term of the Agreement from January 1, 2022 - December 31, 2022. (City Manager)

7. Resolution of the City Council of the City of National City, California approving the settleme nt between Madison Blaylock et al. v. the City of National City. (City Attorney)

8. Resolution of the City Council of the City of National City, California approving the settlement between Mario Toledo Bedolla et al. v. the City of National City. (City Attorney)

9. Temporary Use Permit – Circus Vargas event sponsored by Circus Vargas from February 4, 2022 to February 14, 2022 at the Westfield Plaza Bonita Mall with no waiver of fees. (Community Development)

10. Temporary Use Permit — Request from Homestead Steaks, LLC to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from February 4, 2022 thru February 20, 2022 with no waiver of fees. (Community Development)

11. Warrant Register #25 for the period of 12/17/21 through 12/23/21 in the amount of $0.00. (Finance)

12. Warrant Register #26 for the period of 12/24/21 through 12/31/21 in the amount of $1,092,468.82. (Finance)

13. Warrant Register #27 for the period of 1/01/22 through 1/07/22 in the amount of $1,342,929.64. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

14. Public Hearing and Adoption of a Resolution by the City Council of the City of National City, California establishing Residential Permit Parking District “N” on south side of 300 block E. 27th Street and on both sides of “C” Avenue, south of 27th Street (TSC 2021-19). (Engineering/Public Works)

15. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, amending the National City Municipal Code Title 2 – Administration by adding Section 2.02 – City Attorney. ( City Attorney)

16. Introduction and First Reading of an Ordinance of the City Council of the City of National City, California Repealing and Replacing National City Municipal Code Chapter 2.75. entitled, Election Campaign Regulations. (City Clerk)

NON CONSENT RESOLUTIONS

17. Resolution of the City Council of the City of National City, California authorizing the e stablishment of a General Fund appropriation of $1,000,000 7 of 629

and corresponding revenue budget for the Las Palmas Pool Widening project. (Engineering/Public Works)

18. Update on the American Rescue Plan Act Final Rule and Resolutio n of the City Council of the City of National City, California, allocating $4M of the American Rescue Plan Act funding for General Fund Budget Offsets in Fiscal Year 2022-2023 and Fiscal Year 2023-2024. (Finance)

19. Resolution o f the City Council of the City of National City, California, approving the Memorandum of Understanding (MOU) between the City and the National City Municipal Employees’ Association (NCMEA) and authorizing a Fiscal Year 2021-2022 budget appropriation of $350,000 to fund salary and benefit increases. (Human Resources)

20. Resolution of the City Council of the City of National City, California, approving salary and benefit changes for the Confidential, Management, and Executive emplo yee groups, effective February 8, 2022, and authorizing a Fiscal Year 2021 -2022 budget appropriation of $159,750 to fund said salary and benefit increases. (Human Resources)

21. Resolution of the City Council of the City of Natio nal City, California, authorizing a two -year Employment Agreement between the City of National City and Jose Tellez for the position of Police Chief with an annual base salary of $212,263.67, effective March 14, 2022. (Human Resources)

22. Resolution of the City Council of the City of National City, California, authorizing a two -year Employment Agreement between the City of National City and Bradford Raulston for the position of City Manager with an annual base salary of $240,203.96, effective May 22, 2022. (Human Resources)

23. Resolution of the City Council of the City of National City, California approving City Attorney’s request for authority to participate in the San Diego County Bar Association’s Diversity Fellowship Program. (City Attorney)

NEW BUSINESS

24. District Elections Process and Community Outreach Overview. (City Clerk) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY

NEW BUSINESS - HOUSING AUTHORITY
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C. REPORTS

STAFF REPORTS

25. City Manager Report. (City Manager)

MAYOR AND CITY COUNCIL

CLOSED SESSION

CLOSED SESSION REPORT

ADJOURNMENT
Regular Meeting of the City Council an d Community Development Commission - Housing Authority of the City of National City - Tuesday - February 15, 2022 - 6:00 p.m. - Council Chambers - National City, California. 9 of 629

The following page(s) contain the backup material for Agenda Item: Maritime Clean Air Strategy - Implementation Update and Preliminary Health Risk Assessment (Port of San Diego). (Sandy Naranjo, Port Commissioner, Port of San Diego and Larry Hofreiter, Program Manager, Port of San Diego)
Please scroll down to view the backup material.
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Item # ___
02/01/22
Maritime Clean Air Strategy - Implementation Update
and Preliminary Health Risk Assessment
(Port of San Diego)
Sandy Naranjo, Port Commissioner, Port of San Diego
Larry Hofreiter, Program Manager, Port of San Diego
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english español
Maritime Clean Air
Strategy
Implementation
Updates
Sandy Naranjo | Port Commissioner, Port of San Diego
Larry Hofreiter | Program Manager, Port of San Diego
Estrategia Marítima
de
Aire Limpio
Actualizaciones
de
Implementación
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2 2
2 Agenda

1. Maritime Clean Air Strategy
(MCAS) - Overview

2. Completed MCAS Objectives

3. MCAS Objectives Currently
Underway

4. Next Steps
El Orden del dia

1. Estrategia Marítima de Aire
Limpio (MCAS) - Resumen

2. MCAS objetivos
completados

3. MCAS próximos objetivos

4. Próximos pasos
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3 3
3 3
english
Emission Sources
Stakeholder Priorities
Structure of the Maritime Clean Air Strategy
Cargo Handling
Equipment
Commercial
Harbor Craft
Heavy Duty
Trucks
Port of
San Diego Fleet
Shipyards
Oceangoing
Vessels
Rail
Projects, Partnerships, and Studies
Co-Benefit Examples
Cleaner Air
Primary Benefit
Community
Enrichment
Public Health
Enabling
Approximately 34 separate initiatives
Jobs
Ambient
Noise Reduction
Education &
Training
Urban
Greening
Ecosystem
Enhancement
Access to
Bay
Knowledge &
Capacity Building
Improved
Health
Near
-
term Goal
s and Objectives (2021
-
2026)
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4 4
4 español
Estructura de la MCAS
Equipo de
manipulación de carga
Embarcaciones
portuarias comerciales
Camiones de
servicio pesado
Flota del Puerto
de San Diego
Astilleros
Buques
oceánicos
Tren
Proyectos, alianzas y estudios
Ejemplos de cobeneficios
Aire más limpio
Beneficio principal
Enriquecimiento
de la comunidad
Salud pública
Habilitación
Fuentes de emisión
Prioridades de las partes interesadas
Aproximadamente 34 iniciativas independientes
Trabajos
Reducción de
ruido ambiental
Educación y
capacitación
Ecologización
urbana
Mejora del
ecosistema
Acceso a la
bahía
Creación de
conocimiento y capacidad
Mejora
de la salud
Metas y objetivos específicos (2021 a 2026)
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5 5
5 Completed MCAS Objectives
Actions have been taken in accordance with the
near-term objectives
Health
SDAPCD MOU for Air
Filters
The Board of Port
Commissioners adopted MOA in
October 2021 to contribute
$104,000 to install over 500 air
purifiers with indoor air
monitoring systems in the
homes of eligible Portside
community members.

Fleet
Identify power needs at GS
and apply to SDGE PYD
Program
General Services power needs
have been identified, the Port
has applied to SDG&E's
Power Your Drive (PYD)
Program.

Salud
SDAPCD MOU para filtros
de aire
La Junta de Comisionados del
Puerto adoptó el MOA en
octubre de 2021 para contribuir
con $104,000 para instalar más
de 500 purificadores de aire con
sistemas de monitoreo del aire
interior en los hogares de los
miembros elegibles de la
comunidad de Portside.

Flota
Identificar las necesidades
de energía en GS y aplicar
al programa SDGE PYD
Se han identificado las
necesidades de energía de los
Servicios Generales, el Puerto
ha aplicado al programa
Power Your Drive (PYD) de
SDG&E.

Objetivos MCAS completados
Se han tomado acciones de acuerdo con los
objetivos a corto plazo
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6 6
6 Embarcaciones
oceánicas
Programa VSR mejorado con
más del 90% de
cumplimiento
En noviembre de 2021, la Junta
de Comisionados Portuarios
adoptó un Programa mejorado
de reducción de la velocidad de
las embarcaciones para ayudar a
reducir las emisiones de las
embarcaciones transoceánicas
durante el tránsito.

Ocean Going
Vessels
Enhanced VSR Program
with upwards of 90%
compliance
In November 2021, The
Board of Port Commissioners
adopted an enhanced Vessel
Speed Reduction Program to
help lower emissions of
Oceangoing Vessels while
in transit.

Astillero
Colabore con SDAPCD
mientras evalúan la Regla
1210 (Regla de fuente
estacionaria)
El Distrito de Control de la
Contaminación del Aire de San
Diego actualizó la Regla 1210
en noviembre de 2021, que
redujo el umbral de reducción
del riesgo de cáncer para
fuentes estacionarias de 100 en
un millón a 10 en un millón.

Shipyard
Collaborate with SDAPCD
as they evaluate Rule 1210
(Stationary Source Rule)
The San Diego Air Pollution
Control District updated Rule
1210 in November 2021, which
lowered the cancer risk
reduction threshold for
stationary sources from 100 in
one million to 10 in one million.

Completed MCAS Objectives
Actions have been taken in accordance with the
near-term objectives
Objetivos MCAS completados
Se han tomado acciones de acuerdo con los
objetivos a corto plazo
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7 Ocean-going Vessels In-Transit Goal:

Reduce annual ocean-going vessel in-
transit emissions
Ocean-going Vessels In-Transit
Objective: Pursue implementing an
expanded Vessel Speed Reduction
Program that achieves upwards of
90% participation, subject to further
Board of Port Commissioners’
approval.

Updated Vessel Speed Reduction
Program (November 2021)
Goes Beyond State
Requirements
Education and
Training
Ecosystem
Enhancement
Improved
Health
Programa actualizado de reducción de
velocidad de buques (Noviembre 2021)
Meta para los buques oceánicos en tránsito:

Reducir las emisiones anuales en tránsito de los
buques oceánicos.

Objetivo para los buques oceánicos en
tránsito: Seguir implementando un Programa
ampliado de reducción de velocidad de
embarcaciones que logre más del 90% de
participación, sujeto a la aprobación adicional
de la Junta de Comisionados de Puertos.

Va más allá de los
requisitos estatales
Educación y
capacitación
Mejora del
ecosistema
Mejora
de la salud
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8 Benefits of VSR Program
Beneficios del programa
VSR actualizado
Ahorro de combustible anual estimado
y reducciones de emisiones
Reducción de la
velocidad de
servicio
Ahorro de
combustible
Reducción total en
toneladas
Reducción
porcentual
Emisión
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9 Objetivo de salud 1 – Evaluación de riesgos
Objetivo de salud 2 – Ayudar a SDAPCD con Portside HRA
Objetivo comunitario 1– Aporte público sobre proyectos
Objetivo comunitario 2 – Periodic Updates to Stakeholder Groups Equipo de manejo de carga Objetivo 1 – Reducir las emisiones Harbor Craft Objetivo 1 – Facilitar el primer remolcador EV en Estados Unidos
Objetivo de Camión 1A – Plan de transición de camiones y 40 % de camiones ZE para 2026
Objetivo de Camión 1D – Registro de camiones
Objetivo de Camión 2A – 4 sitios de carga de camiones EV orientados al público
Objetivo de Camión 2B – Coordinar con las partes interesadas re.

Camión Objetivo 2A
Health Objective 1 – Health Risk Assessment
Health Objective 2 – Assist SDAPCD with Portside HRA
Community Objective 1 – Public Input on Projects
Community Objective 2 – Periodic Updates to Stakeholder Groups Cargo Handling Equipment Objective 1 – Reduce DPM Emissions Harbor Craft Objective 1 – Facilitate 1st EV Tug in United States Truck Objective 1A – Truck Transition Plan and 40% ZE Trucks by 2026 Truck Objective 1D – Truck Registry
Truck Objective 2A – 4 Public Facing EV Truck Charging Sites Truck Objective 2B – Coordinate with Stakeholders re.

Truck Objective 2A
Maritime Clean Air Strategy
16 Initiatives Underway
Estrategia Marítima de Aire Limpio
16 iniciativas en marcha
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10 10
10 Ocean-Going Vessel Objective 2A – Additional Shorepower at CST
Ocean-Going Vessel Objective 2B – Shorepower and/or
alternative technology at NCMT
Enabling Objective 2A – MCAS and CERP Clearinghouse
Enabling Objective 2C – Market Study/Feasibility Analysis on Fees
Enabling Objective 2D – Explore credentials for installation and maintenance of ZE tech
Enabling Objective 2E – Promote adoption of ZE tech
Objetivo de buques oceánicos 2A – Energía costera
adicional en CST
Objetivo de buques oceánicos 2B – energía en tierra y/o tecnología alternativa en NCMT
Objetivo habilitador 2A – Cámara de compensación MCAS y CERP
Objetivo habilitador 2C – Estudio de Mercado/Análisis de Factibilidad de Tarifas
Objetivo habilitador 2D – Explorar las credenciales para la instalación y el mantenimiento de la tecnología ZE
Objetivo habilitador 2E – Promover la adopción de la
tecnología ZE
Maritime Clean Air Strategy
16 Initiatives Underway
Estrategia Marítima de Aire Limpio
16 Initiatives Underway
21 of 629
11 11
11 Health Goal: Protect and improve community
health by reducing emissions and lessening
Portside Community residents’ exposure to
poor air quality
Health Objective: Identify existing health risk
levels generated by the Ports two marine
cargo terminals for Diesel Particulate Matter
(DPM) and other toxic air contaminants.

Draft Preliminary
Health Risk Assessment
Goes Beyond State
Requirements
Knowledge &
Capacity Building
Meta de salud: Proteger y mejorar la salud de
la comunidad al reducir las emisiones y
disminuir la exposición de los residentes de
Portside Community a la mala calidad del aire
Objetivo de salud: Identificar los niveles
existentes de riesgo para la salud generados
por las dos terminales marítimas de carga de
los Puertos para material particulado diésel
(DPM) y otros contaminantes tóxicos del aire.

Va más allá de los
requisitos estatales
Creación de
conocimiento y capacidad
Preliminar Sequía
Evaluación de riesgos para la salud
22 of 629
12 12
Preliminary Results – Baseline
Resultados preliminares – Base
Source Contribution by Community
Results are preliminary. Preliminary Results were revised on 12/13/21 At
-
Berth

18.8%
Harbor
Movements

9.5%
(Tugs)

11.6%
Trucks

0.5%
CHE

41.2%
Freight
Rail

13.2%
Rail Switching

1.9%
(Ferries)

3.2%
En
el
muelle

18.8%
Movimientos
portuarios

9.5%
(
Remolc
-
adores)

11.6%
Camiones

0.5%
CHE

41.2%
Ferrocarril
de carga

13.2%
Cambio de carril

1.9%
(transbordadores)

3.2%
Barrio Logan

19.59 por
millón
Fuente Contribución por comunidad
The cancer risk values presented in
the Health Risk Assessment are
conservative, health-protective and
represented as the maximum risk at
nearest receptor.

These represent specific locations for
higher levels of risk within portions of
each community, as identified in the
HRA Summary Report.

Oceangoing Vessels
Buques oceánicos
Commercial Harbor
Craft
Equipo de manejo
comercial
Cargo Handling
Equipment
Equipo de manejo de
carga
Heavy-Duty Trucks
Camiones de Servicio
Pesado
Rail
Carril

19.48 per
million
At
-
Berth

32.1%
Harbor
Movements

5.9%
(Tugs)

3.8%
Rail
Switching

31.7%
Freight
Rail

12.5%
CHE

8.1%

5.7%
(Ferries)

0.2%
National City National City

19.48 por
millón
En
muelle

32.1%
Movimientos
portuarios

5.9%
(Remolcadores)

3.8%
Cambio
de
carril

31.7%
Ferrocarril
de carga

12.5%
CHE

8.1%

5.7%
(transbo-
rdadores)

0.2%
Barrio Logan

19.59 per
million
23 of 629
13 13
Coronado

17.45 per
million
At
-
Berth

12.8%
Harbor
Movements

13.3%
(Tugs)

28.6%
Trucks

0.3%
CHE

30.3%
Rail Switching

1.7%
(Ferries)

7.6%
Freight Rail

5.4%
En
el
muelle

12.8%
Movimientos
portuarios

13.3%
(
Remolcadores
)

28.6%
Camiones

0.3%
Cambio de carril

1.7%
(transbordadores)

7.6%
Ferrocarril de
carga 5.4%
CHE

30.3%
Coronado

17.45 por
millón
En
el
muelle

12.8%
Movimientos
portuarios

13.3%
(
Remolcadores
)

28.6%
CHE

30.3%

22.91 per
million
At
-
Berth

5.3%
Harbor
Movements

9.9%
(Tugs)

14.2%
Rail Switching

0.9%
Freight
Rail

60.0% CHE

1.1%
Trucks

0.03%
(Ferries)

8.5%
Downtown Downtown

22.91 por
millón
En
muelle

5.3%
Movimientos
portuarios

9.9%
(
Remolcadores
)

14.2%
Cambio de
carril

0.9%
Ferrocarril
de carga

60.0% CHE

1.1%
Camiones

0.03%
(transbord-
adores)

8.5%
Fuente Contribución por comunidadSource Contribution by Community Preliminary Results – Baseline
Resultados preliminares – Base
The cancer risk values presented in
the Health Risk Assessment are
conservative, health-protective and
represented as the maximum risk at
nearest receptor.

These represent specific locations for
higher levels of risk within portions of
each community, as identified in the
HRA Summary Report.

Oceangoing Vessels
Buques oceánicos
Commercial Harbor
Craft
Equipo de manejo
comercial
Cargo Handling
Equipment
Equipo de manejo de
carga
Heavy-Duty Trucks
Camiones de Servicio
Pesado
Rail
Carril
Results are preliminary. Preliminary Results were revised on 12/13/21 24 of 629
14 14
0 5
10 15
20 25
30 35
40 45
50 Barrio Logan Downtown Coronado National City
Cancer Risk (per million)

19.48 13.47

11.33 17.45

9.63 8.53

22.91 19.22 19.16
Health Risk Assessment | Evaluación de Riesgos para la Salud Forecasted MCAS Reductions | Reducciones previstas de MCAS 2019
2026
2030
2019
2026
2030
2019
2026
2030
2019
2026
2030
*These represent
specific locations for
higher levels of risk
within portions of
each community, as
identified in the HRA
Summary Report.
* * *

19.59 11.11

9.42 Riesgo de cáncer (por millón)
*Estos representan
ubicaciones específicas
para niveles más altos
de riesgo dentro de
partes de cada
comunidad, como se
identifica en el Informe
resumido de la HRA.

Cancer Risk (per million)
25 of 629
15 15
15 • Truck Objective 1A (as amended): Develop a
Heavy-Duty Truck Transition Plan by June 2022
• Truck Objective 1B: Develop Short Haul Zero
Emission Truck Program by the end of 2022
• Truck Objective 1D: Creation of a Truck Registry
to track zero emission truck implementation by
June 30, 2023
• Truck Objective 2A: Identification of four
locations for zero emission truck charging by the
end of 2022
MCAS Truck Goals and
Objectives
Presently Underway
MCAS Metas y objectivos
de camiones
Actualmente en marcha
• Camión Objetivo 1A (modificado): desarrollar un plan de transición de camiones pesados para junio de 2022
• Camión Objetivo 1B: desarrollar un programa de
camiones de corta distancia con cero emisiones para
finales de 2022
• Camión Objetivo 1D: Creación de un Registro de
Camiones para rastrear la implementación de camiones
de cero emisiones antes del 30 de junio de 2023
• Camión Objetivo 2A: Identificación de cuatro
ubicaciones para la carga de camiones con cero
emisiones para fines de 2022
26 of 629
16 16
16 • CERP / MCAS Implementation
Subcommittee
• Board of Port Commissioners
Meetings
- March 2022: Preliminary Zero
Emission Truck Transition Pathway
- Spring / Summer 2022: Final Health
Risk Assessment
- June 2022: Final Heavy-Duty Zero
Emission Truck Transition Plan
Next Steps
16 • Subcomité de Implementación

CERP/MCAS
• Reuniones de la Junta de
Comisionados Portuarios
- Marzo de 2022: Vía preliminar de
transición de camiones con cero
emisiones
- Primavera / Verano 2022: Evaluación
final de riesgos para la salud
- Junio de 2022: Plan final de transición
de camiones de cero emisiones para
trabajo pesado
Próximos pasos
27 of 629
Thank You
Maritime Clean Air Strategy (October 2021)
https://pantheonstorage.blob.core.windows.net/environment/20211214 -
Final
-
MCAS.pdf
MCAS Website
https://www.portofsandiego.org/mcas
Preliminary Health Risk Assessment (December 2021)
https://pantheonstorage.blob.core.windows.net/environment/20211202_MCA S_Health_Risk_Assessment_Summary_Report_Draft.pdf
Gracias
28 of 629

The following page(s) contain the backup material for Agenda Item: Appointments: City Boards Commissions and Committees - Mayoral Appointments to Board of Library Trustees, Public Art Committee, Traffic Safety Committee and Veterans & Military Families Advisory Committee. (City Clerk)
Please scroll down to view the backup material.
29 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

ATTACHMENTS:

Shelley Chapel
________________

February 1, 2022

Appointments: City Boards, Commissions and Committees – Mayoral Appointments (City Clerk)

City Clerk’s Office
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 Vacancy Notices posted Thursday, November 18, 2021, and all applications were due to the City Clerk’s Office by the deadline of Thursday, December 16, 2021, at 5:00 p.m.

The following BCCs currently have Vacancies caused by end of term and/or resignations :

Board of Library Trustees; Public Art Committee; Traffic Safety Committee; and Veterans & Military Families Advisory Committee.

Incumbents were given the option to be considered f or reappointment, those consideration applications are included in Attachment B. The City Clerk’s Office also contacted applicants who previously applied for positions in the last twelve (12) months for consideration. Applications are retained for those not appointed for twelve (12) months from application date.

(See Explanation (Attachment A) for more information)
Luz Molina, City Clerk
Shelley Chapel, Deputy City Clerk
Attachment A – Explanation
Attachment B – Applications (redacted)
Attachment C – City Council Policy #107
Attachment D – Boards/Commission/Committees Reference Chart

This action is not subject to review under the California Environmental Quality Act (CEQA) FINAL ADOPTION:

APPROVED: ________________ MIS
Not Applicable

Mayoral appointment with City Councilmembers confirmation.

n/a

(619) 336-4225

BOARD / COMMISSION RECOMMENDATION:

30 of 629

ATTACHMENT A

The City Clerk’s Office began advertising and accepting applications for Vacancies on multiple Boards/Commissions/Committees: Board of Library Trustees, Public Art Committee, Traffic Safety Committee, and Veterans & Military Families Advisory Committee on November 16, 2021.

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 (twice) and City Social Media sites to advertise openings and the application acceptance period.

Deadline to submit applications to the City Clerk’s Offic e to be considered for vacancy was Thursday, December 16, 2021, at 5:00 p.m. All applications were received before the deadline. One (1) additional application was submitted for the Traffic Safety Committee but it was received January 18, 2022 after the deadline. This application was not included with your report.

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
September 30, 2023
(This is an Alternate Seat)
Mayoral Yes None.

Public Art
Committee
(1) One Seat
September 30, 2024
Mayoral No Charles J. Reilly
Traffic Safety
Committee
(1) One Seat
September 30, 2022
Mayoral Yes Jennelyn Luna

Veteran’s & Military
Families Advisory
Committee
Two (2) Vacancies
September 30, 2022
Mayoral One – Resident
One – Non-
Resident
Requirement
Ramon B.

Zamora
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.

One (1) applicant Charles J. Reilly was a former member of the Public Art Committee appointed May 2, 2020 to September 30, 2021 when his term expired. Attendance of meetings is shown below for reference.

Attendance: 2020 – Two (2) Attendance: 2021 – Three (3) Meetings Attended: 1 Meetings Attended: 3
Meetings Absent: 0 Meetings Absent: 0
Meetings Cancelled: 1 Meetings Cancelled: 0

Applicants to interview and consider:

1. Charles J. Reilly Non-Resident (Public Art Committee)

2. Jennelyn Luna Resident (Traffic Safety Committee)

3. Ramon B. Zamora Non-Resident (Veteran’s & Military Families Advisory Committee)

There were no applications received for the Board of Library Trustees vacancy and the additional vacancy for Veteran’s Military Famili es Advisory Committee. Please direct staff to advertise the vacancies again.

31 of 629
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 mus t 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 In terest Form 700 Filing (California Government Code Section 87100 et seq)

3. AB1234 Ethics Training (California Government Code Section 53235.1(b))

4. Anti-Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

7. Any training required by State Law, Federal Law, or City Policies.

All training is offered in a variety of formats including in person, via Zoom, training website/software, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff.

32 of 629
Attachment B

CITY OF NATIONAL CITY

APPLICATION FOR APPOINTMENT

TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
_ Cummunity 8. Police Relations Commission' (CPRC) 7 CivilService Committee 7 Library Board of Trustees 7 Planning Commission
7 Parks, Recreation 8.Senior Citizens Advisory Board X7 Public Art Committee” _Velerans 8.MilitaryFamilies Adwsory Committee‘ 7 Trafﬁc Safety CommMee _ Port Commission _ AdVIsory Housing Commiﬁee‘
Applicants must be msidents of the City of National City except for those marked by an asterisk (1.

All applicants must be U.S. citizens.

Applicants for the Community and Police Relations Commission must pass a criminal background check priorto appointment.

Applicans lo! the Advisory Housing Commime must have subject matter expenise in housing-related issuos.

Name: CharlesI.Reilly E-Mail: [email protected]
Home Adgress-—San DiegozCA 92122 TelNo -
(Include CIty/le)
Iam now retired.Stilla member ofthe
Busmess Affiliation:Nax'ona g'mchamhgr Qngm name Title.n/a Business Address: n/a Tel,No,:n/a
Lengkh of Residence inNationalCity: Q 1115 San Diego County: 35 3515 California:5g 3515 Educational Background; B.A.,1967,Brown University,Providence,RI;Fellow,1969,Washington (DC) Journalism Center; M.B.A., 1995, San Diego State University, San Diego, CA

Occupational Experience: IoLLrnaJist‘public relations& marketing consultant/agencv principal business founder and owner; community Volunteerand activelyinvolvedin theartsand publicart.

Professional or Technical Organization Memberships‘ Prior to retirement:CASE, 3 higher education fund— raisingand advancementprofessionalgroup;PublicRelationsSocietyofAmerica;America MarketingAssociation Civicor Community Experience, Membership, or Previous PublicService Appomtments: Member&ofﬁcerof NationalCityChamber ofCommerce; formermember 3:ofﬁcerofPasadenaHeritage(historicpreservation);Maymal appointment(1986, Pasadena) ‘0 a IVVO year VOIUH‘EEI' ﬂl‘le snateglc planmng enon [0 Chan a course 101'the CNYS second 1“) years.

Expenence or SpECIal Knowledge Peltainlng to Area of Interest . plmnirgdfm(seeab0.ve)suppamrdARTS.NanmalCwNatrmalCnyremeonofSanDﬂguAmOﬂmandDmganmmnﬂﬂ:mandsdme mcalmmu. I(pmajcanxpmmNaﬁmalcnymncAnCmnmm/aeAnlover/cdbcmnmuseummnberandmpponaCanmbmlda

Have you ever been conVIcted of a felony crime? Nui Yes:_ misdemeanor cﬁme? Nari Yes. _ If any convictions were expunged disclosure is not required Convictions are not necessarily d|squallfy|ng. Please feel free 10 provide an explanation or Information If"Yes" was marked for the above two questions
Date:OCt-13)2021 Signature:7-
Please feelfreeto provide additionalinformationor lettersof endorsement.

Return completed form to:Officeof the CityClerk,1243 NationalCityBlvd.,NationalCity,CA 91950 Thank you toryour interestinserving the Cityof Nauonal Cityv

Pursuant to the CaliforniaPublic Recalds Act,information on thisform Rev February2020 may be released to the public upan request.

33 of 629
Charles J. Reilly
X
X
34 of 629

CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENTTO CITY BOARDS, COMMISSIONS, AND COMMITTEES_ Community 8.PoliceRelatio ’ '‘ nsCommwssnon‘CPRC '' , 47lerary Board of Tmstees ( > — CW” semce commme ' ‘ __ PlanningCommissionParks,Recreaﬁxon& SeniorCitizensAdvisoryBoard PublicArtCommittee‘-,_ Veterans 8.Mmtary FamiliesAdvnsoryCommittee‘ :9“'__ PortCommission

Agplicants fa} the Community and Police Relations Commission must pass a criminal backgréunpl'lDl’to appointment. I Applicants for the Advisory Housing Committee must have subject matter expertise in hous Issues. ‘
'Name:ernwd bum E.Maweh
‘Home Address:q?“ TelNo:
(gpcludeCity/Zl'p)NAnop/JL any I 0
BusinessAfﬁliationLWISFVﬁ'LLE)’ HOSPIWL Title:pHVS/CﬁL 77-6,? ' BusinessAddress:11/00 1:716le ﬂt/é—WﬂﬂUﬂL 0% Tel‘No.:62741707 V Off 9! /
LengthofResidenceinNationalCity:é mas. SanDiegoCoumy:l5” Califom EducationalBackground:cI9UFvRN/ﬂ &7797?L(AJI\/.7.7255,“-””371 ,25043 uwv (5FOﬁL/FJM/FSAMM- BAMMvB-s. b/of’sycwaosydﬁ‘ij Wu».

VOccupationalExpeiignce:NI 7 ya M A H‘lYI/CﬁtWM/Sf 'MARKED IN U6: no man”; 677%: : CﬂL/faEAJ/A,UN/JMHJw),FLPR/M, um ,

C munxty Ekperiance Membership, or PreviousPublicServiceAppointmenks:, MyComxIL(3/79;lemqun—‘ER{Fwwp - 01> r572mm
* em»: -KnowledgePertainingtoAreaofInterestzﬂ;
Ci:5002/0/06w/m 250mﬁ’c‘ﬂl/F(SfAJ/DBS‘mm oL0mm”

u}
‘ of felonycrime? No:_/Yes:_ misdemeanor crime? No:_ Yes:,_I , ung'ed‘disclosureis no! required Convictions are not necessanly» de an explanationor informationif"Yes” was marked forthe,

7'brIgﬁersofshdorsement. _ 3 ,
athnajCityBlvd,NationalCity,CA>91950 f '
tyofNa onélCity.

Rev.Febru‘ary2020
35 of 629
Receivedin City
CITY OF NATIONAL CITY Clerk'sOfﬁce‘

APPLICATIONFORAPPOINTMENT NOV30’2021TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Community & PoliceRelationsCommission‘ (CPRC) _ CivilService Committee _ LibraryBoard of Trustees _ Planning Commission
_ Parks. Recreation & Senior CitizensAdvisory Board _ PublicArt Committee” L Veterans& MllitaryFamiliesAdvisoryCommittee’ _ TrafﬁcSafetyCommittee _ PortCommission _ Advisory Housing Committee"
Applicants must be residents of the City of National City except for those marked by an asterisk (‘).

All applicants must be U.S. Citizens.

Applicants for the Community and Police Relations Commission must pass a criminal background check priorto appointment.

Applicants for the Advisory Housing Committee must have subject matter expertise in housingnlated issues.

Name: Ramon B.Zamora [email protected]
HomeAddress: hulaVistaCA 91911 TelNo:¥—
(lncludeCity/Zip)
BusinessAfﬁtiation:Aramark Title:GeneralManager
Business Address: 5500 Campanile Dr.San Diego CA 92182 Tel.No.: 619-972-8470 Length of Realdence In National City: 3 mm San Diego Counly: 44 years California:44x68“ EducationalBackground: BA inSocialSciences;San DlEgO StateUmversity

Occupational Experience:UnitedSLaresMarineCorpsVeman; 199772001;2003OperationEnduringFreedom

Professionalor TechnicalOrganizationMemberships: N16
Civicor Community Experience, Membership, or Previous PublicService Appoimments:

YSA YouthFamballcoachChulaVistaAztecs2007-2011
Experlence or Special Knowledge PertainingtoArea of Interest:

Veteran of1h:Armed Services,Gmduatc ofchctwatcr High Classof95.

Have you ever been convictedof a felonycrime? No:X_ Ves:_ misdemeanor crime? No:1<_Yes:_ If any convictionswere expunged disclosure is not required‘ Convictions are not necessarily disqualifying,Please feelfree to provide an explanationor informationif“Yes" was marked forthe above two questions.

Date:11/30/2021 signature:

PleasefeelfreetoprovideadditionalinW orlettersofendorsement.

Return completed form to: Ofﬁce of ma City Clerk, 1 atlonal City Blvd., National City, CA 91950 Thank you foryour interestinsewing the Cityof NationalCity.

Pursuant to me Calllomia Public Records Act, fnformatlon an this farm Rev. February 2020 may be released to the public upon request
36 of 629

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:

Ma
yor’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
Ci
ty Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Port Commission
POL
ICY
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. Unex
pired 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. Vac
ancies. 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.

Uns
cheduled vacancy. An unscheduled vacancy shall be filled according to Attachment C
37 of 629

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 appoint ment c ould 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.

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 C ommittees 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 38 of 629

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 pe r 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 39 of 629

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.

40 of 629

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. Th e 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 verb al 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 disclosi ng 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.
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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

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 exist s, 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, Committ ee, 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.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

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 necessar y 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 M ember 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 43 of 629

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, t hese 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 S ection 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 871 00 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)
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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)

VETERAN'S
AND

MILITARY

FAMILIES

ADVISORY

COMMITTEE
(7 Members)
TERM 3 Years 5 Years 3 Years 3 Years 4 Years 4 Years 3 Years 4 Years 3 Years 4 Years RESIDENCY REQUIREMENT Yes Yes
5 Resident
up to 2 Non-
Resident
(1) Non-Voting
Member Yes Yes Yes No n/a Yes
5 Resident
up to 2 Non-
Resident
VOTER REQUIREMENT No No No No No No No No No No

MAYORAL APPOINTMENT SUBJECT TO

CONFIRMATION BY THE CITY COUNCIL X 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 No
FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No 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
1X per
quarter

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 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

ATTACHMENT D
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The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material.
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Item # ___
02/01/22

MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL

CITY APPROVING THE WAIVING OF THE READING OF THE

TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE

HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING

AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS

SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
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The following page(s) contain the backup material for Agenda Item: Approval of City Council Meeting Minutes, Parking Authority Meeting Minutes, and Successor Meeting Minutes for Meetings held in November and December 2021. (City Clerk) Please scroll down to view the backup material.
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Item #__________
02-01-2022

APPROVAL OF MEETING MINUTES

CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY:

Virtual Regular Meeting: November 2, 2021
Virtual Regular Meeting: November 16, 2021
Virtual Regular Meeting: December 7, 2021
Virtual Regular Meeting: December 21, 2021
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY:

Virtual Special Closed Session Meeting: November 2, 2021 Virtual Cannabis Workshop: November 2, 2021
Virtual Special Closed Session Meeting: November 9, 2021 Virtual Cannabis Workshop: November 9, 2021
Virtual Special Closed Session Meeting: November 16, 2021 Virtual Special Closed Session Meeting: November 22, 2021 Virtual Special Closed Session Meeting: December 7, 2021 Virtual Special Closed Session Meeting: December 9, 2021 Virtual Special Closed Session Meeting: December 21, 2021 PARKING AUTHORITY OF THE CITY OF NATIONAL CITY:

Virtual Special Meeting: November 16, 2021
Virtual Special Closed Session Meeting: December 7, 2021 SUCCESSOR AGENCY OF THE CITY OF NATIONAL CITY:

Virtual Special Closed Session Meeting: December 7, 2021

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(City Clerk)

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Page 1 of 2 ends

MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

CANNABIS WORKSHOP

November 2, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 4:43 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell Jr., Gilman, Gamwell, Hussain.

Consultants: Kyle Tankard, Eric Casher, Alex Mog
Interpretation in Spanish: Claudio Valencia and Luisa Diaz de Leon.

PUBLIC COMMENT
None.

CANNABIS WORKSHOP

1. Cannabis Workshop
a. Recap of June 15th Workshop
b. Application Survey Results
c. Report on Comparable Cities’ Social Equity Programs
d. Local / Social Equity components of Ordinance and Application e. Cannabis Application
f. Development Agreement
g. Public Comment
h. Council Comments and Direction

Mayor Sotelo-Solis introduced City Manager Raulston who introduced Economic Development Specialist Gamwell and consultants Kyle Tankard, Eric Casher, and Alex Mog. The team provided the PowerPoint presentation titled “Cannabis Workshop”.

Public Comments:

Ten (10) verbal comments were registered and heard: Michelle Luna Reynoso, Judith Strang, Matthew Nathaniel, Cynara Velazquez, Dominique Navarro, Janice Reynoso, Laura Wilkinson Sinton, Tony Cioe, Zachary Gomez, and Michelle Krug.

Three (3) written comments were received and read into the record: Diana Martinez , Robert Valderrama, and Barbara Gordon.
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City of National City – Special Meeting Minutes (Cannabis Workshop) November 2, 2021

Page 2 of 2 ends

ACTION: Motion by Mayor Sotelo Solis , seconded by Councilmember Bush, to continue Item 1 and Item 2 to a future meeting, as designated by the City Manager’s Office.

Friendly amendment by Councilmember Bush to consider Item 2 as planned. Maker of the motion did not accept the friendly amendment.

Motion passed by unanimous vote.

Item 2 is to be continued to a future meeting per action taken on Item 1.

ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council, Tuesday, November 2, 2021 at 6:00 p.m. via teleconference.

The meeting adjourned at 6:09 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular City Council Meeting: February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

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Page 1 of 9 ends

MINUTES OF THE VIRTUAL REGULAR MEETING

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

November 2, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

The City Council minutes are prepared and ordered to correspond to the City Council Ag enda.

Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented.

A. CITY COUNCIL

CALL TO ORDER
The meeting was called to order at 6:18 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina

Administrative Officials present: Raulston, Winney, Bell Jr., Hussain, Gilman, Torres, Parra, Tellez, Ryan, Brennan, Meteau, Aguirre, Reeder, Yano, and Barrera.

Interpretation in Spanish provided by Luisa Diaz de Leon and Claudio Valencia.

PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Rios led the Pledge of Allegiance.

PUBLIC COMMENTS
Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Molina.

Six (6) spoken comments were registered and heard: Peggy Walker, Kelly McCormick, Becky Rapp, Judith Strang, Michelle Krug, and Terri Ann Skelly.

Three (3) written comments were received and read: Ximena Esparza, Joan Rincon, and Matthew Nathaniel.

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City of National City – City Council Regular Meeting Minutes November 2, 2021

Page 2 of 9 ends

PROCLAMATIONS AND CERTIFICATES

1. National City Celebrates Sister-City Tecate in their 129th Anniversary.

Mayor Sotelo- Solis presented the Proclamation to former Tecate Mayor Zulema Adams who received the Proclamation.

Public Comment: None

Received and filed.

AWARDS AND RECOGNITIONS - No agenda items.

PRESENTATIONS

2. Robert Wood Johnson Foundation Culture of Health Prize Award.

Mayor Sotelo-Solis introduced Megan Gamwell and Katie Wehr who provided remarks.

Public Comment: None

Received and filed.

INTERVIEWS / APPOINTMENTS - No agenda items.

REGIONAL BOARDS AND COMMITTEE REPORTS

Port Commissioner Sandy Naranjo reported on the business of the Port of San Diego.

Vice-Mayor Rodriguez announced that the Metro Wastewater Joint Powers Authority (JPA) will meet next Thursday.

Councilmember Bush reported on the business of the South County Economic Development Committee (SD EDC) and San Diego Count y Air Pollution Control District (APCD) Governing Board.

Councilmember Rios reported on the business of the San Diego County Water Authority, Sweetwater Authority, Metropolitan Water District, and San Diego Metropolitan Transit System (MTS).

Councilmember Morrison reported on the business of the Regional Solid Waste Association (RSWA).

Mayor Sotelo- Solis reported on the business of San Diego Association of Governments (SANDAG) and San Diego Metropolitan Transit System (MTS).

Vice-Mayor Rodriguez announced that the Metro Wastewater Joint Powers Authority will meet this Thursday.

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Page 3 of 9 ends

CONSENT CALENDER

Public Comment: None

ACTION: Motion by Councilmember Morrison, seconded by Vice-Mayor Rodriguez, to approve the Consent Calendar Items 3 through 11, with Item 8 pulled for discussion by Councilmember Bush.

Motion carried by unanimous vote.

3. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only.

4. Adopted Resolution No. 2021-159. Resolution of the City Council of the City of National City acknowledging receipt of a report made by the Chief of Emergency Services of the National City Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

5. Adopted Resolution No. 2021-160. Resolution of the City Council of the City of National City accepting and acknowledging the Robert Wood Johnson Foundation Culture of Health Prize of $55,500 and the establishment of General Fund appropriations of $55,500 and corresponding revenue budget with no matching funds required.

6. Adopted Resolution No. 2021-161. Resolution of the City Council of the City of National City approving an application for authorization to access state and federal level summary criminal history information for cannabis employment, contractors, licensing, or certification purposes.

7. Adopted Resolution No. 2021-162. Resolution of the City Council of City of National City authorizing an application for Year One and Year Two funding of the Permanent Local Housing Allocation (PLHA) Program Plan and reapproving the First Amendment to the PLHA Program Plan to incorporate homeless outreach, case management, emergency housing, and other housing services for homeless individuals and families or those at risk of becoming homeless.

8. Pulled for discussion.

9. Adopted Resolution No. 2021-164. Adoption of a Resolution declaring findings to continue teleconference meetings to November 16, 2021 as required by AB 361.

10. Ratified Warrant Register #12 for the period of 9/15/21 through 9/21/21 in the amount of $2,059,529.88.

11. Ratified Warrant Register #13 for the period of 9/22/21 through 9/28/21 in the amount of $741,831.40.

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Page 4 of 9 ends

ITEMS PULLED FROM CONSENT CALENDER

8. Adopted Resolution No. 2021-163. Resolution of the City Council of the City of National City to authorize the City Manager to enter into a ten year Agreement with the County of San Diego for the National City Police Department to use the San Diego Sheriff’s Department’s Firing Range and Firearm’s Facilities. The total cost for the ten years is not to exceed $75,000 or $7,500 per year.

Councilmembers provided comments and Police Chief Tellez addressed questions.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush , to a dopt the Resolution with a request that Staff return with an updated report in one year.

Motion carried by unanimous vote.

Mayor Sotelo-Solis called for a recess at 7:42 p.m. and reconvened the meeting at 8:00 p.m. with all members present.

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

12. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 11.52 (Bicycles) of the National City Municipal Code. (Applicant City-Initiated) (Case File 2021-03 A)

City Clerk Molina read the title of the Ordinance into the record.

Mayor Sotelo- Solis introduced Principal Planner Reeder who provided remarks and received Councilmembers’ comments.

Mayor Sotelo-Solis declared the Public Hearing open at 8:07 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Rios , seconded by Mayor Sotelo- Solis, to close the Public Hearing at 8:07 p.m.

Motion passed by unanimous vote.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to a ccept the Introduction of the Ordinance.

Motion passed by unanimous vote.

13. Adopted Resolution No. 2021- 165. Public Hearing and Adoption of a Resolution of the City Council of the City of National City certifying an Environmental Impact Report (EIR) for, and approving, a General Plan Amendment, Zone Change, Code Amendment, and Conditional Use Permit for construction of a Carmax dealership on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805 and authorizing the filing of a Notice of Determination. (Applicant: Carmax) (Case File No. 2016-30 GPA, ZC, A, CUP, IS)

City Clerk Molina read the title of the Resolution into the record. 56 of 629
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Page 5 of 9 ends

Mayor Sotelo- Solis introduced Principal Planner Reeder who introduced development team members John Thatcher, Nick Larkin, and JM Dixon. They provided the report and PowerPoint presentation. The team addressed questions from the Councilmembers.

Mayor Sotelo-Solis declared the Public Hearing open at 8:33 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to close the Public Hearing at 8:34 p.m.

Motion passed by unanimous vote.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to adopt the Resolution.

Ayes: Morrison, Rios, Rodriguez, Sotelo-Solis
Nays: Bush
Motion passed by 4-1 vote.

14. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City California, approving a Zone Change from Major Mixed- Use District (MXD- 2) to Service Commercial (CS) and Open Space (OS), and amendment to Chapter 18.22.020 of the Municipal Code to allow for used auto sales in the CS z one for construction of a Carmax dealership on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805. (Applicant: Carmax) (Case File No. 2016- 30 ZC, A)

City Clerk Molina read the title of the Ordinance into the record.

Mayor Sotelo-Solis introduced Principal Planner Reeder who was available to receive comments from the Councilmembers.

Mayor Sotelo-Solis declared the Public Hearing open at 8:39 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to accept the Introduction of the Ordinance.

Ayes: Morrison, Rios, Rodriguez, Sotelo-Solis
Nays: Bush
Motion passed by 4-1 vote.

15. Adopted Ordinance No. 2021-2491. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Sections 18.20.020, 18.21.040,

18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of Title 18 (Zoning) of the National City Municipal Code related to Accessory Dwelling Units and Junior Accessory Dwelling Units. (Applicant City-Initiated) (Case File 2021-18 A)

City Clerk Molina read the title of the Ordinance into the record.

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Mayor Sotelo-Solis introduced Principal Planner Reeder who pr ovided updates based on the requests from the last discussion on the Item.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to continue the Item to the next scheduled meeting.

Ayes: Morrison, Rios
Nays: Bush, Rodriguez, Sotelo-Solis
Motion failed by 2-3 vote.

Mayor Sotelo-Solis declared the Public Hearing open at 8:52 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to close the Public Hearing at 8:53 p.m.

Motion passed by unanimous vote.

ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to a dopt the Ordinance.

Ayes: Bush, Rodriguez, Sotelo-Solis
Nays: Morrison, Rios
Motion passed by 3-2 vote.

16. Adopted Ordinance No. 2021-2491. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City establishing Community Choice Aggregation (CCA) in the City of National City.

City Clerk Molina read the title of the Ordinance into the record.

No formal report was presented by Staff.

Mayor Sotelo-Solis declared the Public Hearing open at 8:53 p.m.

Public Comment: One (1) written comment was received and read: Roberto Alcantar.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to close the Public Hearing at 8:55 p.m.

Motion passed by unanimous vote.

ACTION: Motion by Vice-Mayor Rodriguez, seconded by Councilmember Rios, to a dopt the Ordinance.

Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion passed by 4-1 vote.

NON CONSENT RESOLUTIONS - No agenda items.

NEW BUSINESS

17. Adopted Resolution No. 2021-166. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Joint Powers Agency Agreement (JPA) and 58 of 629
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current amendments with the San Diego Community Power (SDCP) Community Choice Aggregation (CCA).

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced Director of Engineering/Public Works Yano who introduced Cody Hooven and Joe Mosca. They provided the report and PowerPoint presentation.

Public Comment: One (1) verbal comment was received: Rita Clement.

ACTION: Motion by Councilmember Bush , seconded by Vice -Mayor Rodriguez, to adopt the Resolution.

Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion passed by 4-1 vote.

18. City Council consideration of a City Council Policy for the Naming of City Assets and Streets.

City Clerk Molina read the title of the Item into the record.

Mayor Sotelo- Solis introduced Assistant City Manager Winney who presented the report , including draft language for City Council Policy #805. Mr. Winney received comments from Councilmembers and addressed questions.

Public Comment: One (1) written comment was received and read: Ted Godshalk.

ACTION: Motion by Mayor Sotelo- Solis, seconded by Councilmember Rios, to amend the draft policy at “Section D. Naming Procedure for City Assets and Renaming of Existing Streets” , to include the proposed appointment process described as “Alternative Two ”: City Council would appoint a three member City Naming Committee composed of the Mayor or his/her designee, the Chair of the designated Board/Committee or designee, and a community representative as designated by the City Manager. The Committee would also return to the City Council offering a formal recommendation after soliciting public input.

Motion carried by unanimous vote.

Councilmembers directed Staff to bring back an updated draft policy for further consideration.

B. COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY – No agenda items.

C. REPORTS

STAFF REPORTS

19. City Manager Report.

City Manager Raulston provided a brief update.

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MAYOR AND CITY COUNCIL

20. Discussion on the potential naming of a new park Dolores Huerta Park and Community Garden.

Mayor Sotelo-Solis provided remarks.

Public Comment:

Five (5) spoken comments were registered and heard: Eddie Perez, Margaret Godshalk, David Valladolid, Fabio Rojas, and Janice Reynoso.

Three (3) written comments were received and read: Joan Rincon, Enrique Morones, and Ted Godshalk. Additionally, a petition in opposition of a name change was signed by 50 individuals and received.

ACTION: Motion by Mayor Sotelo Solis to rename the Paradise Creek Educational Park to Dolores Huerta Park and Paradise Creek Education Center. Motion died for lack of a second.

ACTION: Motion by Councilmember Bush, seconded by Vice- Mayor Rodriguez, to continue the item to a future meeting upon approval of a naming policy, and to include other ideas for honoring Dolores Huerta.

Substitute motion by Councilmember Rios, seconded by Councilmember Morrison, to wait until a naming policy is in place, before proceeding with a decision on how to move forward.

Ayes: Morrison, Rios
Nays: Bush, Rodriguez, Sotelo-Solis
Motion failed by 2-3 vote.

Per City Council Policy #104 Section 3(L), the majority of the Council must agree to continue the meeting past the 10:30 pm mark. At 10:51 p.m. the following action was taken:

ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to continue the meeting past 10:30 p.m., indefinitely.

Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion passed by 4-1 vote.

Mayor Sotelo- Solis returned to the original motion. The seconder of the m otion restated the motion as: Upon approval of a naming policy, the first order of business is for the selected committee to consider the official naming of the Paradise Creek Education Center and Park, and to find a way to honor Dolores Huerta.

Ayes: Bush, Rodriguez
Nays: Morrison, Rios, Sotelo-Solis
Motion failed by 2-3 vote.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to first adopt the naming policy, and then consider the Mayor’s proposal for renaming the park per the policy, and to include other options for honoring Dolores Huerta.

Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion carries by 4-1 vote.

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Closing remarks were provided by member of the Council, City Clerk, and City Treasurer.

CLOSED SESSION

CLOSED SESSION REPORT

Mayor Sotelo-Solis introduced City Attorney Bell who provided the report.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Leanna Navarro v. City of National City
Worker’s Compensation Appeal Board Case No. Claim: 12261642

City Attorney Bell reported that there was direction given by City Council by unanimous vote.

ADJOURNMENT

Mayor Sotelo- Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City to be held Tuesday, November 16, 2021 at 6:00 p.m. via teleconference.

The meeting adjourned at 11:08 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

November 2, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:02 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis.

Administrative Officials present: Raulston, Winney, Bell Jr., Brennan, Valadez, and Munoz.

Consultants/Advisors: Eddie Kreisberg.

PUBLIC COMMENTS
None.

CLOSED SESSION

1. PUBLIC EMPLOYEE EMPLOYMENT
Government Code Section 54957
Performance Evaluation: City Attorney

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Leanna Navarro v. City of National City
Workers’ Compensation Appeal Board Case No. Claim: 12261642

3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager)

Members returned from Closed Session at 5:10 p.m. with all members present.

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CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING

ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Special Meeting to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City to be held Tuesday, October 19, 2021 at 6:00 p.m. via teleconference.

The meeting adjourned at 5:10 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

CANNABIS WORKSHOP

November 9, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

CALL TO ORDER
The meeting was called to order at 4:33 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison (arrived at 5:12 p.m.), Rios, Rodriguez, and Sotelo- Solis.

Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gamwell Consultant: Kyle Tankard

PUBLIC COMMENT

Six (6) verbal comments were registered and heard: Janice Luna Reynoso, Alex Scherer, Michelle Luna Reynoso, Duke Valderrama, Laura Wilkinson, and Sara Ochoa.

Three (3) written comments were received and read into the record: Nancy Estolano, Zachary Gomez, and Jacqueline Reynoso.

CANNABIS WORKSHOP

1. Cannabis Workshop
a. Recap of June 15
th Workshop
b. Application Survey Results
c. Report on Comparable Cities’ Social Equity Program
d. Local / Social Equity components of Ordinance and Application e. Cannabis Application
f. Development Agreement
g. Public Comment
h. Council Comments and Direction

2. Resolution of the City Council of the city of National City setting the number of commercial cannabis licenses authorized to operate in National City. a. Public Comment
b. Council Comments and Direction
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Mayor Sotelo-Solis introduced City Manager Raulston who introduced Economic Development Specialist Gamwell and Consultant Kyle Tankard. Ms. Gamwell and Mr. Tankard provided the PowerPoint presentation titled “Cannabis Workshop”.

Councilmembers provided remarks, asked clarification questions, and Staff provided responses.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to raise the threshold to 90% in Phase 2 of the application process.

Motion passed by unanimous vote.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to establish a Phase 3 selection process that is merit / points based, with the use of a lottery should there be a tie, with a timeframe to be defined.

Friendly amendment by Vice-Mayor Rodriguez to consider applicants with local ownership in a separate lottery pool to assure an applicant with local ownership is selected. Maker of the motion did not accept the friendly amendment.

Ayes: Morrison, Rios, Sotelo-Solis
Nays: Bush, Rodriguez
Motion passed by 3 to 2 votes.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to assign the timeframe of 60 days to the open application period.

Motion passed by unanimous vote.

ACTION: Motion by Mayor Sotelo- Solis, seconded by Councilmember Bush, to add 300 points (for a total of 500 points) to the community benefits and investment plan element of the merit - based evaluation, and thus increase the maximum score to a total of 3,000 points.

Friendly amendment by Councilmember Morrison to add 200 points (for a total of 400 points) to the community benefits and investment plan element, and to add 100 (for a total of 400 points) to the qualifications of owners element. Maker of the motion and seconder of the motion accepted the friendly amendment.

Friendly amendment by Vice-Mayor Rodriguez to merge the safety plan element and the security plan element into one element. Maker of the motion did not accept the friendly amendment.

Friendly amendment by Councilmember Bush to amendment the points tally to add 100 points (for a total of 600 points) to the labor, equity, diversity, and inclusion plan element, to reduce by 50 points (for a total of 350 points) the safety plan element, and to reduce by 50 points (for a total of 350 points) the security plan element. Maker of the motion accepted the friendly amendment.

Mayor Sotelo- Solis asked for a restatement of the points tally for the application evaluation elements. City Clerk Molina stated the tallies as follows:
500 business experience
600 labor, equity, diversity, and inclusion plan
350 safety plan
350 security plan
400 qualifications of owners
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300 neighborhood compatibility plan
400 community benefits and investment plan
100 proposed location
Total: 3,000 points

Motion passed by unanimous vote.

ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to give an additional 20% point preference to applicants with local ownership, in Phase 2 of the application evaluation review process.

Substitute motion by Councilmember Rios, seconded by Councilmember Morrison, to give an additional 5% point preference to applicants with local ownership, and to dedicate two (2) licenses to applicants with local ownership that meet the 90% qualification threshold.

Friendly amendment to the substitute motion from Vice-Mayor Rodriguez to give an additional 10% point preference to applicants with local ownership, and to dedicate three (3) licenses to applicants with local ownership. Maker of the motion did not accept the friendly amendment.

Ayes: Morrison, Rios, Rodriguez, Sotelo-Solis
Nays: Bush
Motion passed by 4 to 1 vote.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to define local ownership as any resident who has lived in National City for at least four ( 4) years prior to 11/9/2021.

Substitute motion by Mayor Sotelo-Solis, second by Councilmember Bush, to define local ownership as any resident who has lived in National City for at least three ( 3) years prior to 11/9/2021.

Motion passed by unanimous vote.

ACTION: Motion by Councilmember Bush, seconded by Mayor Sotelo-Solis, to set the number of commercial cannabis licenses authorized to operate in National City to a maximum of six (6), and to preserve a minimum of one ( 1) license for a consumption lounge by an applicant that meets the 90% qualification threshold.

Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion passed by 4 to 1 vote

ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to amend the proposed Application Procedures and Guidelines at Section B, subsection 1 to add language to include ten (10) or more employees.

Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion passed by 4 to 1 vote.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to amend the language in the proposed Ownership Acknowledgement Form to strike “at least 20% interest 66 of 629
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individually” from the second paragraph, and to have the 51% interest threshold include collective ownership.

Friendly amendment by Councilmember Morrison that in a collective each individual holds at least a 10% interest. Maker of the motion accepted the friendly amendment.

Motion passed by unanimous vote.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to amend the proposed Ownership Acknowledgement Form to reflect the owners ’ names, signatures, and ownership percentages.

Motion passed by unanimous vote.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Bush, to add language to the guidelines that states an applicant with a 10% ownership is not allowed to apply for a second permit.

Friendly amendment by Councilmember Morrison to direct staff to add language to address the concern of loopholes for duplicate applicants, and to identify where in the document the changes are made. Maker of the motion accepted the friendly amendment.

Motion passed by unanimous vote.

ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Rodriguez, to amend the proposed Application Procedures and Guidelines at Section B, subsection 9 to state “Describe plans to encourage 75% local hiring goal of National City residents.”

Friendly amendment by Councilmember Rios to state “Describe plans to encourage a minimum of 50% local hiring goal of National City residents. ” Maker of the motion accepted the friendly amendment.

Motion passed by unanimous vote.

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ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Regular City Council Meeting: Tuesday, November 16, 2021, 6:00 p.m., via teleconference.

The meeting adjourned at 8:17 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular City Council Meeting: February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

November 9, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic, and AB 361 adopted by the City Council every 30 days.

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:09 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis.

Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Molina, Tellez, Parra, Brennan, Valadez, and Munoz.

Consultants/Advisors: Eddie Kreisberg

Deputy City Clerk Chapel announced that Chief Tellez is in attendance and may be called into the Closed Session under Item 1.

PUBLIC COMMENT
None.

Members retired into Closed Session at 3:09 p.m.

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager)

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Members retired into Closed Session at 6:10 p.m. and returned at 6:30 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, Valadez, and Munoz.

Guest: Eddie Kreisberg (Labor Negotiator)

Chief Tellez did not enter the Closed Session.

Members returned from Closed Session at 4:33 p.m. with all members present.

CLOSED SESSION REPORT

Mayor Sotelo-Solis asked the City Attorney to report out on this Closed Session at the Tuesday, November 9, 2021, Regular City Council Meeting.

ADJOURNMENT

The meeting adjourned at 4:33 p.m.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF THE VIRTUAL REGULAR MEETING

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

November 16, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

The City Council minutes are prepared and ordered to correspond to the City Council Agenda.

Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented.

A. CITY COUNCIL

CALL TO ORDER
The meeting was called to order at 6:02 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Morrison, Rios, Rodriguez, Sotelo-Solis Councilmember absent: Bush
Other Elected Officials present: Beauchamp, Molina

Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gilman, Williams, Aguirre, Vergara, Maxilom, Valadez, Olson, Parra, Tellez, Ryan, Brennan, Meteau, Hernandez, Yano, and Barrera.

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

PLEDGE OF ALLEGIANCE TO THE FLAG
City Clerk Molina led the Pledge of Allegiance.

PUBLIC COMMENTS
Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Molina.

Twelve (12) spoken comments were registered and heard: Peggy Walker, Carol Green, Karla Apalategui, Jeanette Silva, James Beecher, Raphael Prather, David Gallegos, Becky Rapp, Erik Salinas Cerezo, Juan Piche, Judith Strang, Cruz Ruelas

Six (6) individuals registered to speak but were not present: Charles Nissley, James Slade, Isaac Flores, James Woods, Marcario Avila, Kevin Estudillo
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Eight (8) written comments were received and read: Kathy Guzman, Ray Stryker, Lena Moats, Elyana Delgado, Juanita Castaneda, Alex Neu, Mervin Jensen, Mikki Vidamo.

PROCLAMATIONS AND CERTIFICATES - No agenda items.

AWARDS AND RECOGNITIONS - No agenda items.

PRESENTATIONS - No agenda items.

INTERVIEWS / APPOINTMENTS - No agenda items.

REGIONAL BOARDS AND COMMITTEE REPORTS

Port Commissioner Sandy Naranjo reported on the business of the Port of San Diego.

Mayor Sotelo- Solis reported on the business of San Diego Association of Governments (SANDAG) and San Diego Metropolitan Transit System (MTS).

Councilmember Rios reported on the business of the San Diego County Water Authority, and Sweetwater Authority.

Councilmember Morrison had no report.

Vice-Mayor Rodriguez reported on the business of the Metro Wastewater Joint Powers Authority (JPA).

CONSENT CALENDER

Public Comment: None

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to approve the Consent Calendar Items 1 through 15.

Motion carried by 4-0 vote.

1. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only.

2. Approved Meeting Minutes: City Council and Community Development Commission - Housing Authority of the City of National City Virtual Regular Meeting - October 5, 2021; Special Meeting of the City Council of the City of National City Virtual Special Closed Session Meeting - October 5, 2021.

3. Adopted Resolution No. 2021-168. Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $39,141 to fund the National City Public Library’s Literacy Services Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $39,141 and corresponding revenue budget. 72 of 629
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4. Adopted Resolution No. 2021-169. Resolution of the City Council of the City of National City, California authorizing the City Manager to amend the agreement between the City of National City (“City”) and ICF Center for Cross Border Philanthropy D.B.A. Olivewood Gardens and Learning Center for the maintenance and operation of a community garden (“operator”) and exercising a first option to extend the agreement for a 24 month period from November 16, 2021 to November 15, 2023.

5. Adopted Resolution No. 2021-170. Resolution of the City Council of the City of National City, California authorizing the acceptance of the Community Enhancement Grant from the County of San Diego in the amount of $5,000 to cover costs associated with the annual Kimball Holiday event and the establishment of grant fund appropriations of $5,000 and corresponding revenue budget.

6. Adopted Resolution No. 2021-171. Resolution of the City Council of the City of National City, California approving the settlement between Leanna Navarro and the City of National City.

7. Adopted Resolution No. 2021-172. Resolution of the City Council of the City of National City, California authorizing t he Mayor to execute the Agreement between the City of National City and Devaney Pate Morris Cameron, LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims for the total not to exceed amount of $75,000.00 per case and approving the City Attorney’s execution of same.

8. Adopted Resolution No. 2021-173. Resolution of the City Council of the City of National City, California approving a General Fund appropriation in the amount of $22,000 for fiscal year 2020-2021 for outside legal support from Liebert Cassidy Whitmore for employment law matters.

9. Adopted Resolution No. 2021-174. Resolution of the City Council of the City of National City, California: 1) awarding a contract to Crest Equipment Inc. in the not-to-exceed amount of $1,281,798.37 for the El Toyon Las Palmas Bicycle Corridor Project, CIP No. 19-02; 2) authorizing a 15% contingency in the amount of $192,269.76 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract.

10. Adopted Resolution No. 2021-175. Resolution of the City Council of the City of National City, California: 1) awarding a contract to Tri -Group Construction and Development, Inc. in the not -to-exceed amount of $1,403,820.00 for the Citywide Safe Routes to Sc hool Project, CIP No. 19-04; 2) authorizing a 15% contingency in the amount of $210,573.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract.

11. Adopted Resolution No. 2021-176. Resolution of the City Council of the City of Nat ional City, California authorizing the installation of red curb “No Parking” on the east side of the driveway adjacent to the property located at 225 E. 26th Street in order to improve visibility for vehicles exiting the driveway onto E. 26th Street (TSC No. 2021-20).

12. Approved Temporary Use Permit – 22nd Annual Fiesta Filipina- Mexicana Karaoke Competition hosted by the Seafood City Supermarket on December 11, 2021 from 11 a.m. to 8 p.m. at 1420 E. Plaza Blvd with no waiver of fees.

13. Filed Local Agency Development Impact Fee Report for Fiscal Year 2020-2021. 73 of 629
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14. Ratified Warrant Register #14 for the period of 9/29/21 through 10/5/21 in the amount of $3,074,425.90.

15. Ratified Warrant Register #15 for the period of 10/06/21 through 10/14/21 in the amount of $769,998.59.

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

16. Adopted Ordinance No. 2021-2492. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California approving a Zone Change from Major Mixed-Use District (M XD-2) to Service Commercial (CS) and Open Space (OS), and amendment to Chapter 18.22.020 of the Municipal Code to allow for used auto sales in the CS zone for construction of a Carmax dealership on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805. (Applicant:

Carmax) (Case File No. 2016-30 ZC, A).

City Clerk Molina read the title of the Ordinance into the record.

Mayor Sotelo- Solis introduced Director of Community Development Vergara and Principal Planner Reeder who were available for questions.

Mayor Sotelo-Solis declared the Public Hearing open at 7:08 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios , to close the Public Hearing at 7:09 p.m.

Motion passed by 4-0 vote, with Councilmember Bush absent.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to a dopt the Ordinance.

Motion passed by 4-0 vote, with Councilmember Bush absent.

17. Adopted Ordinance No. 2021-2493. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California amending Chapter 11.52 (Bicycles) of the National City Municipal Code. (Applicant: City-Initiated) (Case File 2021-03 A).

City Clerk Molina read the title of the Ordinance into the record.

Mayor Sotelo-Solis introduced Principal Planner Reeder who was available to address questions.

Mayor Sotelo-Solis declared the Public Hearing open at 7:10 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Rios , seconded by Councilmember Morrison, to close the Public Hearing at 7:12 p.m.

Motion passed by 4-0 vote, with Councilmember Bush absent.

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ACTION: Motion by Councilmember Rios , seconded by Councilmember Morrison, to adopt the Ordinance.

Motion passed by 4-0 vote, with Councilmember Bush absent.

NON CONSENT RESOLUTIONS

18. Resolution of the City Council of the City of National City, California approving proposed amendments to the Community and Police Relations Commission (CPRC) Operating Procedures and Bylaws.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced CPRC Staff Liaison Lauren Maxilom and CPRC Chair Mike Lesley who gave the report and PowerPoint presentat ion, including proposed edits to o perating procedures and bylaws.

Public Comment: None.

ACTION: Motion by Councilmember Morrison, seconded by Mayor Sotelo-Solis, to accept Article I of the Bylaws, as presented.

Motion carried 4-0, with Councilmember Bush absent.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios to accept Article II of the Bylaws, as presented, with the amendment to add a requirement that the Chair and Vice- Chair cannot be current or former Police Officers, and to remove the language concerning family members.

Ayes: Morrison, Rios, Sotelo-Solis
Nays: Rodriguez
Motion passed by 3-1 vote, with Councilmember Bush absent.

ACTION: Motion by Councilmember Rios, seconded by Mayor Sotelo-Solis, to decline support of the proposed procedure recommended in Article III of the Bylaws, and to use City Council Policy 105 as the model for docketing of agenda items.

Motion carried 4-0, with Councilmember Bush absent.

ACTION: Motion by Councilmember Rios, seconded by Mayor Sotelo-Solis, concerning Article III of the Operating Procedures, for the appointment process to continue as described in City Council Policy 107, and for the City Clerk’s office to provide an informational document to potential commissioners, prior to appointment.

Motion passed by 4-0 vote, with Councilmember Bush absent.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to accept the proposed change for Article I II of the Operating Procedures concerning Human Rights Organization.

Motion carried 4-0, with Councilmember Bush absent.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to approve the red-lined draft, with the Council-approved amendments.

Motion carried 4-0, with Councilmember Bush absent.

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19. Adopted Resolution No. 2021-178. Resolution of the City Council of the City of National City, California amending City Council Manual Policy No. 107.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo- Solis introduced Deputy City Clerk Chapel who addressed questions from the Councilmembers.

Public Comment: None.

ACTION: Motion by Councilmember Rios , seconded by Councilmember Morrison, to adopt the Resolution.

Motion passed by 4-0 vote, with Councilmember Bush absent.

20. Adopted Resolution No. 2021-179. Resolution of the City Council of the City of National City, California authorizing various fiscal year 2022 first quarter budget adjustments.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo- Solis introduced Administrativ e Services Director Brennan, and City Manager Raulston responded to questions from the Councilmembers.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Rodriguez, to adopt the Resolution.

Motion passed by 4-0 vote, with Councilmember Bush absent.

Mayor Sotelo-Solis called for a recess at 8:09 p.m. and reconvened the meeting at 8:22 p.m. with Morrison, Rios and Rodriguez present.

NEW BUSINESS

21. Filed Update on implementation of the Parking Action Plan for Downtown National City.

Mayor Sotelo- Solis introduced Director of Community Development Vergara, Consultants Stephen Manganiello, Seth Torma, Brian Peck, and Director of Engineering/Public Works Yano who provided the report and PowerPoint presentation. They addressed questions from Councilmembers.

Received and Filed.

B. COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY - No agenda items.

C. REPORTS

STAFF REPORTS

22. City Manager Report.

City Manager Raulston provided the report.
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MAYOR AND CITY COUNCIL

23. Request to consider a resolution in support of Micro Enterprise Home Kitchen Operations (MEHKO).

Mayor Sotelo-Solis and Vice-Mayor Rodriguez provided remarks.

Public Comment: One (1) written comment was received and read: Supervisor Nora Vargas.

ACTION: Motion by Vice- Mayor Rodriguez, seconded by Mayor Sotelo- Solis, for Staff to bring Item back as a Resolution at a future meeting, and to request the County Board of Supervisors to present to the City Council.

Ayes: Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion passed by 3-1 vote, with Councilmember Bush absent.

City Clerk, City Treasurer, and members of Council provided closing remarks.

CLOSED SESSION

CLOSED SESSION REPORT

Mayor Sotelo-Solis introduced City Attorney Bell who stated that there was nothing to report.

ADJOURNMENT

Mayor Sotelo- Solis adjourned to the Special M eeting of the Parking Authority of the City of National City to be held following this meeting via teleconference.

The meeting adjourned at 9:36 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

November 16, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:02 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush ( arrived at 3:08 p.m.), Morrison, Rios, Rodriguez, and Sotelo- Solis.

Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Brennan, Parra, Tellez, Valadez, and Munoz.

Consultants/Advisors: Eddie Kreisberg.

PUBLIC COMMENTS
None.

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Frank Parra (Chief of Emergency Services), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager)

Members retired into Closed Session at 3:07 p.m. and returned at 4:54 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, Valadez, and Munoz.

Guest: Eddie Kreisberg (Labor Negotiator)

Members returned from Closed Session at 4:54 p.m. with all members present.

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CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING

ADJOURNMENT

The meeting adjourned at 4:54 p.m.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF A SPECIAL MEETING

PARKING AUTHORITY OF THE CITY OF NATIONAL CITY

November 16, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

CALL TO ORDER
The meeting was called to order at 9:37 p.m. by Chair Sotelo-Solis.

ROLL CALL
Boardmembers present: Morrison, Rios, Rodriguez, and Sotelo-Solis Boardmember absent: Bush
Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gilman, Williams, Ryan, Brennan, Yano, and Barrera

CONSENT CALENDAR

Public Comment: No spoken/written comments were received.

ACTION: Motion by Boardmember Morrison, seconded by Boardmember Rios, to approve the Consent Calendar Items 1 and 2.

Motion passed by 4-0 vote, with Boardmember Bush absent.

1. Approved Meeting Minutes: Virtual Special Meeting of October 6, 2020.

2. Adopted Resolution No, 2021-04. Resolution of the Parking Authority of the City of National City approving and authorizing the Chairwoman to execute the Sixteenth Amendment to the Option to Purchase Agreement with the County of San Diego for the purchase of an Open- Space Easement on a 15.08 acre parcel of land at the southwest corner of Sweetwater Road and Bonita Center Road that extends the term of said Option Agreement through December 31, 2023, and authorizing payment in the amount of $1.00 to the County of San Diego as consideration for the Sixteenth Amendment.

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ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Regular Meeting of the Parking Authority of the City of National City - T uesday - August 16, 2022 - 6:00 p.m. - Council Chambers - National City, California.

The meeting adjourned at 9:39 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

November 22, 2021

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:30 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis.

Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Molina, Tellez, Parra, Brennan, Valadez, and Munoz.

Consultants/Advisors: Eddie Kreisberg and Aleks R. Giragosian

PUBLIC COMMENT
None.

Members retired into Closed Session at 3:38 p.m.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One (1) Potential Case

Members retired into Closed Session at 3:38 p.m. and returned at 6:10 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez (left meeting at 4:03 p.m.), Sotelo-Solis, Raulston, Winney, Bell Jr., Chapel, Molina, and Outside Counsel Aleks R. Giragosian.

2. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management 82 of 629
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Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager)

Guest: Eddie Kreisberg (Labor Negotiator)

Members returned from Closed Session at 6:30 p.m. with all members present.

CLOSED SESSION REPORT

Mayor Sotelo-Solis asked the City Attorney to report out on this Closed Session at the Tuesday, December 7, 2021, Regular City Council Meeting.

ADJOURNMENT

The meeting adjourned at 6:30 p.m.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF THE VIRTUAL REGULAR MEETING

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

December 7, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

The City Council minutes are prepared and ordered to correspond to the City Council Ag enda.

Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented.

A. CITY COUNCIL

CALL TO ORDER
The meeting was called to order at 6:07 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Sotelo- Solis (Rodriguez joined the meeting at 8:40 p.m.)
Other Elected Officials present: Beauchamp, Molina

Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gilman, Torres, Williams, Aguirre, Vergara, Valadez, Reeder, Parra, Tellez, Ryan, Brennan, Yano, and Barrera.

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Sotelo-Solis led the Pledge of Allegiance.

PUBLIC COMMENTS
Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing one (1) minute per comment and introduced City Clerk Molina.

Two (2) spoken comments were registered and heard: James Stiles, and Kelly McCormick.

Thirty-one (31) written comments were received and read: Bradley Bang, Alex Neu, Jo Espirite, Ana Tijerin, David Gallegos, Vanessa Castro, Mikki Vidamo, Lilibeth Angelo, Jeanette Silva, Elyana Delgado, Juanita Castaneda , Macario Avila, Jeffery Shultz , Steve Moss , Maelihini Adamos, Rebeca Reyes , Ray Stryker , Dionisia Trejo , Irma Arias , Isela Cabrales , Beatrice 84 of 629
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Gonzalez, Carina Roman, James Slade, Carla Hutchinson, James I. Woods , Michael Anthony Banjom, Michael Banjoman, Sheila Pangco, Ellen Nobles, Aurora S. Cudal, and Carol Kim.

PROCLAMATIONS AND CERTIFICATES - No agenda items.

AWARDS AND RECOGNITIONS - No agenda items.

PRESENTATIONS

1. Microenterprise Home Kitchen Operations (MEHKOs) Implementation.

Mayor Sotelo- Solis introduced Ryan Johnson and Amy Harbert from San Diego County Department of Environmental Health and Quality . Mr. Johnson and Ms. Harbert provided a PowerPoint Presentation and addressed questions from council.

Public Comment: One (1) spoken comment was registered and heard: Karen Melvin.

Received and filed.

2. Juvenile Diversion Program and The Cultural App Presentation.

Mayor Sotelo-Solis introduced Summer Stephan, San Diego County Office of the District Attorney, who gave provided the report.

Public Comment: None

Received and filed.

INTERVIEWS / APPOINTMENTS

3. Selection of Vice-Mayor.

Mayor Sotelo-Solis introduced City Clerk Molina who provided the staff report.

Public Comment: None

ACTION: Mayor Soltelo-Solis made Motion to Select Councilmember Bush as the Vice-Mayor for 2022. Motion by Councilmember Rios , seconded by Councilmember Morrison, to a ccept Councilmember Bush as the next Vice-Mayor of National City.

Motion carried by 4-0 vote.

4. Appointments: Appointments to Regional Boards and Committees for Outside Agencies.

Mayor Sotelo-Solis introduced City Clerk Molina who provided the staff report.

Public Comment: None

ACTION: Motion by Mayor Sotelo- Solis, seconded by Vice- Mayor Bush, to approve the appointment of Councilmember Morrison to alternate for the League of California Cities.

Motion carried by 4-0 vote.

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ACTION: Motion by Mayor Sotelo- Solis, seconded by Vice- Mayor Bush, to approve the appointment of Augustin Buela Jr. to the Port of San Diego Public Art Committee – Community Representation.

Motion carried by 4-0 vote.

ACTION: Motion by Mayor Sotelo- Solis, seconded by Councilmember Rios , to approve the appointment of herself as Primary, Councilmember Rios as First Alternate, and Vice-Mayor Bush as Second Alternate to the San Diego Association of Governments (SANDAG) Board.

Motion carried by 4-0 vote.

Mayor Sotelo-Solis requested for Staff to return with an agenda item to update the appointments to the Regional Solid Waste Association.

Mayor Sotelo-Solis requested for Staff to make corrections to Attachment A – Regional Boards and Committees – Outside Agencies: SAN DIEGO COUNTY WATER AUTHORITY (SDCWA) to list Mona Rios as the Primary with term expiration date of March 8, 2026; and to remove the post for Alternate.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Vice-Mayor Bush, to keep the appointments for Bayshore Bikeway Working Group and Shoreline Preservation Working Group as Primary:

Vice-Mayor Bush and Alternate: Mayor Sotelo-Solis.

Motion carried by unanimous vote.

Councilmember Morrison requested for Staff to make corrections to Attachment A – Regional Boards and Committees – Outside Agencies: REGIONAL SOLID WASTE ASSOCIATION (RSWA) to list the meeting date as the 1st Thursday of each quarter.

5. Appointment to Regional Board: San Diego Community Power (SDCP) Joint Powers Authority (JPA) Board.

Mayor Sotelo-Solis introduced City Clerk Molina who provided the staff report.

Public Comment: None

ACTION: Motion by Mayor Sotelo- Solis, seconded by Vice -Mayor Bush, to approve the appointment of herself as Primary, and Vice- Mayor Bush as Alternate to the San Diego Community Power (SDCP) Joint Powers Authority (JPA) Board.

Motion carried by 4-0 vote.

6. Appointments: City Boards, Commissions, and Committees - Mayoral Appointments.

Mayor Sotelo-Solis introduced City Clerk Molina who provided the staff report..

Mayor Sotelo-Solis requested to have this item continued to a future meeting.

REGIONAL BOARDS AND COMMITTEE REPORTS

Councilmember Morrison reported on the business of the Regional Solid Waste Association (RSWA).

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CONSENT CALENDER

Mayor Sotelo-Solis announced that Item 13 is to be continued to the December 9, 2021 Special City Council Meeting.

Public Comment: None

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to approve the Consent Calendar Items 7 through 25, excluding Item 13.

Motion carried by 4-0 vote.

7. Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only.

8. Approved Meeting Minutes: CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY: Virtual Regular Meeting: October 19, 2021; SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: Virtual Special Closed Session Meeting: October 19, 2021; and SPECIAL MEETING OF THE AMERICAN RESCUE PLAN ACT (ARPA) WORKSHOP: Virtual Special Closed Session Meeting: October 19, 2021.

9. Adopted Resolution No. 2021-183. Resolution of the City Council of the City of National City decla ring findings to continue teleconference meetings to January 6, 2022, as required by AB 361.

10. Adopted Resolution No. 2021-184. Resolution of the City Council of the City of National City, California authorizing the acceptance of Library Services and Technology Act (LSTA) funds from the California State Library in the amount of $60,000 to cover the costs associated with the Community Connections Grant Project and authorizing the establishment of a Library Grants Fund appropriation of $60,000 and correspondi ng revenue budget.

11. Adopted Resolution No. 2021-185. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Consent to Assignment and Assumption of Lease from American Digital Outdoor, L.P., a California limited partnership, to Clear Channel Outdoor, LLC, a Delaware limited liability company, for the digital billboard located on City property along I-5 at the end of the 30th Street cul-de-sac.

12. Adopted Resolution No. 2021-186. Resolution of the City Council of the City of National City approving the Second Amendment to the Agreement with Man K9, Inc.

Item 13 Continued – Not adopted.

13. Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection C and D, sole source procurement , for the Police Department's pu rchase of seventy six (76) body worn cameras, cloud-based storage of digital evidence, and internet data management through Evidence.com, including support services and assist with the implementation of auto-tagging through CAD from Axon Enterprise, Inc.; authorize the City to award the purchase; authorize the Mayor to execute a five-year contract in the amount 87 of 629
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of $514,839.80 with Axon Enterprise, Inc.; and authorizing an increase of $27,967.69 to fiscal year 2022 General Fund appropriations and use of General Fund unassigned fund balance for said increase. (Police)

14. Adopted Resolution No. 2021-188. 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 Sourcewell (formerly “National Joint Powers Alliance”) Contract #091520-DIV with Doosan Industrial Vehicle America Corp. for the purchase and build-out of one (1) Doosan G35S- 7 Forklift for the Public Works Streets and Wastewater Division in a not-to-exceed amount of $44,603.07.

15. Adopted Resolution No. 2021-189. 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 Sourcewell (formerly “National Joint Powers Alliance”) Contract #120716- NAF with National Auto Fleet Group for the purchase and build-out of one (1) 2022 Ford Super Duty F-350 SRW Lariat 4WD Crew Cab Truck and Chassis for the Fire Department in a not-to- exceed amount of $201,129.30.

16. Adopted Resolution No. 2021-190. Resolution of the City Council of the City of National City waiving the formal bid process pursuant to Municipal Code section 2.60.260 for the purchase of a Pierce Arrow XT pumper with equipment for the National City Fire Department, and authorizing the City to piggyback on the City of Los Angeles Supply Contract 190000000182 – Amendment 2 Triple Combination Apparatus Fire Truck with South Coast Fire Equipment, Inc., for a not to exceed amount of $885,829.24 using the Vehicle Replacement Fund.

17. Adopted Resolution No. 2021-191. Resolution of the City Council of the City of National City: 1) authorizing the filing of a Proposition 68 Per Capita Program application for the El Toyon Park Playground Improvements Project in the amount of $216,033; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $216,033 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the Per Capita Program for the El Toyon Park Playground Improvements Project.

18. Adopted Resolution No. 2021-192. Resolution of the City Council of the City of National City authorizing the installation of yield control signs for the northbound and southbound traffic at the intersection of “E” Avenue and E. 20th Street in order to enhance safety at the intersection (TSC No. 2021-21).

19. Adopted Resolution No. 2021-193. Resolution of the City Council of the City of National City authorizing an increase in the appropriation of American Rescue Plan Act (ARPA) funding to be used for City of National City employee premium pay from $900,000 to $1,340,000.

20. Approved Local Appointments List – Maddy Act Requirement.

21. Filed Annual Performance Evaluation for the City Attorney.

22. Filed Investment Report for the quarter ended September 30, 2021. 88 of 629
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23. Ratified Warrant Register #16 for the period of 10/15/21 through 10/21/21 in the amount of $1,466,352.62.

24. Ratified Warrant Register #17 for the period of 10/22/21 through 10/28/21 in the amount of $507,904.70.

25. Ratified Warrant Register #18 for the period of 10/29/21 through 11/05/21 in the amount of $2,546,521.45.

Mayor Sotelo-Solis called for a recess at 7:40 p.m. and reconvened the meeting at 8:00 p.m. with members Bush, Morrison, Rios, and Sotelo-Solis present.

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

26. Adopted Resolution No. 2021- 194. Public Hearing and Adoption of a Resolution of the City Council of the City of National City establishing permit fees for recovery of the cost of the commercial cannabis business regulatory program development and for the cost to review and process applications for cannabis businesses.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced City Manager Raulston who introduced Administrative Services Director Brennan, Economic Development Specialist Gamwell, and SCI Consulting Group consultant Kyle Tankard. Ms. Brennan provided the Staff report and a PowerPoint Presentation.

Ms. Brennan made note on the record that the printed agenda packet the City Councilmembers had received had an incorrect attachment to the report pages had not been updated. The report posted on the City website for the public was the correct version.

Mayor Sotelo-Solis declared the Public Hearing open at 8:14 p.m.

Public Comment:

Five (5) spoken comments were registered and heard: Judith Strang, Carol Green, Alex Scherer, Peggy Walker, and Becky Rapp.

Three (3) written comments were received and read: Virginia Casey, Kathleen Lippitt, and Robert Valderrama.

ACTION: Motion by Councilmember Rios, seconded by Vice -Mayor Bush, to close the Public Hearing at 8:25 p.m.

Motion passed by 4-0 vote.

ACTION: Motion by Councilmember Rios, seconded by Vice -Mayor Bush, to a dopt the Resolution.

Motion passed by 4-0 vote.

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NON CONSENT RESOLUTIONS

27. Adopted Resolution No. 2021-195. Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into a new agreement between the City of National City (“City”) and ARTS A Reason to Survive (“ARTS”) for the maintenance and operation of the Arts Center located at 200 East 12th Street in National City for a 36 month period from January 1, 2022 to December 31, 2024.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced Library and Community Services Director Ryan who provided the Staff report. ARTS Executive Director James Halliday provided a PowerPoint Presentation and addressed questions from Council.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to accept the Introduction of the Ordinance.

Motion passed by unanimous vote.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Vice-Mayor Bush, to adopt the Resolution with the amendment to enter a one-year (1) lease with two-year extension between the City of National City (“City”) and ARTS A Reason to Survive (“ARTS”), and to have a follow up on the agreement in December 2022.

Ayes: Bush, Morrison, Sotelo-Solis
Nays: Rios

Absent: Rodriguez
Motion passed by 3-1 vote.

28. Adopted Resolution No. 2021-196. Resolution of the City Council of the City of National City, California adopting City Council Policy 805 entitled “Naming of City Assets and Streets.”

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced Assistant City Manager Winney who provided the Staff report and a PowerPoint Presentation.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to adopt the Resolution with the amendment to add to the committee the Chairs of the Board of Library Trustees, and Traffic Safety Committee.

Motion passed by 4-0 vote.

Councilmember Rodriguez joined the meeting at 8:40 p.m.

29. Adopted Resolution No. 2021-197. Resolution of the City Council of the City of National City recommending the San Diego County Board of Supervisors "opt -into" the Microenterprise Home Kitchen Operations (MEHKO) Program.

City Clerk Molina read the title of the Resolution into the record. 90 of 629
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Mayor Sotelo-Solis introduced Assistant City Manager Winney who provided the Staff report and a PowerPoint Presentation.

Public Comment:

Two (2 ) spoken comments were registered and heard: Cynthia Fuller Quinonez , and Claire Groebner.

Three (3) written comments were received and read: Karen Clay, Katia C., and Nora Vargas.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to adopt the Resolution with the option to authorize a temporary pilot program of the San Diego County Board of Supervisors Microenterprise Home Kitchen Operations (MEHKO) Program.

Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Nays: Morrison
Motion passed by 4-1 vote.

NEW BUSINESS

30. Accepted Notice of Decision – Planning Commission approval of a Conditional Use Permit for beer and wine sales at a new restaurant (KeBURROS) located at 1539 East Plaza Blvd. (Applicant: Borderless Kitchens) (Case File 2021-16 CUP)

Mayor Sotelo-Solis read the title of the Item into the record and introduced Principal Planner Reeder who provided the Staff report.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to accept the Notice of Decision.

Motion passed by 5-0 vote.

31. Accepted Notice of Decision – Planning Commission approval of a Conditional Use Permit modification for the former South Bay Community Church located at 2400 Euclid Avenue to add a transitional housing facility. (Applicant: San Diego Rescue Mission) (Case File 2021-13 CUP)

Mayor Sotelo-Solis read the title of the Item into the record and introduced Principal Planner Reeder who provided the Staff report.

Vice-Mayor Bush recused himself from the item due to conflict with residence located within 500 feet of the project. Vice-Mayor Bush left the meeting at 9:30 p.m.

Councilmember Morrison disclosed that he had met with the applicant and toured the site Councilmember Rios disclosed that she had a brief conversation with the applicant and watched the Planning Commission Meeting when item was presented.

Mayor Sotelo-Solis disclosed that she had met with the applicant and toured the site.

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Public Comment:

Five (5) spoken comments were registered and heard: Edvin Liku, Donnie Dee, Angelina Reyes, Carla Vanegas, and John Pasha.

Sixteen (16) written comments were received and read: Karen Moyer, Luis Sanchez, Kyler Kennedy, Daniel Schacht, Maria Chavez, Samantha K. Arpallan, Crystal Hernandez, Isabel Mora, Christopher Wigfall, Alan Kennedy, Chona Somera, Greg W. Boeh, Romulo Somera, Rebecca Phelps, Bradley Bang, and Miriam Aguilar Escobar.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rodriguez , to accept the Notice of Decision.

Ayes: Morrison, Rios, Rodriguez, Sotelo-Solis

Absent: Bush
Motion passed by 4-0 vote.

Vice-Mayor Bush rejoined the meeting at 9:50 p.m.

B. COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY – No agenda items.

C. REPORTS

STAFF REPORTS

32. Focused General Plan Update and Affordable Housing Notice of Funding Availability (NOFA).

Director of Housing Aguirre provided the report and a PowerPoint Presentation.

Public Comment: None.

Received and filed report.

33. City Manager Report.

City Manager Raulston provided a brief update.

MAYOR AND CITY COUNCIL

34. Community Benefits Ad-Hoc Committee Report to City Council - Project Labor Standards and Policies.

City Clerk Molina read the title of the Item into the record.

Mayor Sotelo-Solis provided the committee report and a PowerPoint Presentation.

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Public Comment:

Three (3) spoken comments were registered and heard: Gretchen Newsome, Sean -Keoni Ellis, and Carol Kim.

No written comments were received.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rodriguez , to accept the committee recommendation to direct Staff to enter into negotiations with San Diego & Imperial County Building Trades for a Project Labor Agreement for the City of National City.

Motion passed by unanimous vote.

35. Low Rider Ad-Hoc Committee Report to City Council.

City Clerk Molina read the title of the Item into the record.

Mayor Sotelo-Solis provided the committee report and a PowerPoint Presentation. City Manager Raulston and Police Chief Tellez addressed questions from Council.

Per City Council Policy #104 at 10:36 p.m. a Motion by Mayor Sotelo- Solis, seconded by Vice- Mayor Bush, to continue the meeting past the 10:30 p.m. in order to complete the items on the agenda.

Motion passed by unanimous vote.

Public Comment:

Two (2) spoken comments were registered and heard: Marisa Rosales, and Aida Castaneda.

No written comments were received.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to accept the report and to direct Staff to return with a report based on the committee recommendation to suspend the cruising policy during sponsored events and to host a cruising season from April - September 2022, first Friday of every month, from 6-9 p.m., and to revisit this policy in the Winter of 2022.

A friendly amendment by Vice-Mayor Bush was offered to accept a full repeal of the no cruising ordinance. The maker of the motion did not accept the friendly amendment.

A substitute motion was made by Vice-Mayor Bush, seconded by Councilmember Rodriguez, to direct Staff to return with a report based on the committee recommendation to repeal the cruising ordinance and to host a cruising season.

Ayes: Bush, Rodriguez
Nays: Morrison, Rios, Sotelo-Solis
Motion failed by 2-3 vote.

Mayor Sotelo-Solis called for the vote on the original motion.

Motion passed by unanimous vote.

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Page 11 of 11 ends

CLOSED SESSION

CLOSED SESSION REPORT

Mayor Sotelo-Solis introduced City Clerk Molina and City Attorney Bell who provided the report.

1. PUBLIC EMPLOYEE EMPLOYMENT
Government Code Section 54957
Employment Contract: City Manager

City Clerk Molina reported that per Government Code 54953 (c)(3), the City C lerk is required to report out on Executive Agreement decisions made by the C ity Council. City Council approved a two-year (2) contract extension for the City Manager with a 3-2 vote.

This item will be agendized for a future City Council meeting.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Madison Blaylock v. City of National City, et al 37-2021-00024099-CU-PA-CTL

City Attorney Bell reported that there was direction given by City Council by unanimous vote.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Mario Toledo Bedolla, et al. v. City of National City 37-2019-00054733-CU-PO-CTL

City Attorney Bell reported that there was direction given by City Council by unanimous vote.

Closing remarks were provided by member of the Council, City Clerk, and City Treasurer.

ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Parking Authority and Successor Agency Special Meetings to follow.

The meeting adjourned at 11:08 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
94 of 629

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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

December 7, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:02 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Brennan, Gomez, Torres, and Valadez.

Consultants/Advisors: Eddie Kreisberg

PUBLIC COMMENTS. None.

CLOSED SESSION

Members retired into Closed Session at 3:37 p.m. and returned at 4:54 p.m. with members present in attendance: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis. Raulston left Closed Session at 4:04 p.m.

1. PUBLIC EMPLOYEE EMPLOYMENT
Government Code Section 54957
Employment Contract: City Manager

Thirty One (31) Written Comments were received and read into the record: Bridgette Browning (San Diego & Imperial Counties Labor Council), Crystal Irving, Franco Garcia, Ditas Yamane, Alex Neu, Jo Espirite , Ana Tijerin, David Gallegos, Vanessa Castro, Mikki Vidamo, Lilibeth Angelo, Jeanette Silva, Elyana Delgado, Juanita Castaneda, Macario Avila, Jeffery Shultz, Steve Moss, Maelihini Adamos, Rebeca Reyes, Ray Stryker, Dionisia Trejo, Irma Arias, Isela Cabrales, Beatrice Gonzalez, Carina Roman, James Slade, Carla Hutchinson, James I. Woods, Michael Anthony Banjom, Michael Banjoman, and Sheila Pangco.

Council approved a two -year (2) contract extension for the City Manager with a 3- 2 vote, Councilmember Bush and Vice-Mayor Rodriguez voting No.

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Page 2 of 3 ends

Members retired into Closed Session at 4:55 p.m. and returned at 5:06 p.m. with members present in attendance: Bush, Morrison, Rios, Rodriguez (left at 5:00 p.m.), Sotelo-Solis, Raulston, Winney, Bell Jr., Torres, and Gomez.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Madison Blaylock v. City of National City, et al 37-2021-00024099-CU-PA-CTL

Members retired into Closed Session at 5:06 p.m. and returned at 5:08 p.m. with members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Torres, and Gomez.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Mario Toledo Bedolla, et al. v. City of National City 37-2019-00054733-CU-PO-CTL

Members retired into Closed Session at 5:08 p.m. and returned at 5:58 p.m. with members present in attendance: Bush, Morrison, Rios, Rodriguez (absent), Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, and Valadez.

Guest: Eddie Kreisberg (Labor Negotiator)

4. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Frank Parra (Chief of Emergency Services), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager)

Members returned from Closed Session at 5:58 p.m. with all members present in attendance:

Bush, Morrison, Rios, Rodriguez (absent), Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, and Valadez.

Guest: Eddie Kreisberg (Labor Negotiator)

CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING

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ADJOURNMENT

Mayor Sotelo- Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City , Tuesday, December 7, 2021, 6:00 p.m. via teleconference.

The meeting adjourned at 5:58 p.m.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
97 of 629

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MINUTES OF A SPECIAL MEETING

PARKING AUTHORITY OF THE CITY OF NATIONAL CITY

December 7, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

CALL TO ORDER
The meeting was called to order at 11:11 p.m. by Chair Sotelo-Solis.

ROLL CALL
Members present: Bush, Morrison, Rios, Sotelo-Solis
Members absent: Rodriguez
Other Elected Officials present: Beauchamp, Molina

Administrative Officials present: Raulston, Bell Jr., Chapel, Gilman, Williams, Parra, Tellez, Ryan, Yano, Barrera, Valadez, and Brennan.

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

CONSENT CALENDAR

Public Comment: None.

ACTION: Motion by Board Member Rios, seconded by Board Member Morrison, to approve the Consent Calendar Item 1.

Motion carried 4-0, with Boardmember Rodriguez absent.

1. Adopted Resolution No. 2021-03. Resolution of the Parking Authority of the City of National City authorizing the Chairwoman to execute a Ninth Amendment to the Option to Purchase Agreement between the Parking Authority and CarMax Auto Superstores California, LLC, a Virginia limited liability company, extending the permitting period from December 31, 2021 to December 31, 2023.

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ADJOURNMENT

Chair Sotelo-Solis adjourned to the Regular Meeting of the Parking Authority of the City of National City - Tuesday - August 16, 2022 - 6:00 p.m. - Council Chambers - National City, California.

The meeting adjourned at 11:13 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF THE SPECIAL MEETING

SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION

AS THE NATIONAL CITY REDEVELOPMENT AGENCY

December 7, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 11:08 p.m. by Chair Sotelo-Solis.

ROLL CALL
Members present: Bush, Morrison, Rios, Sotelo-Solis.

Members absent: Rodriguez
Other Elected Officials present: Beauchamp, Molina

Administrative Officials present: Raulston, Bell Jr., Chapel, Gilman, Williams, Parra, Tellez, Ryan, Yano, Barrera, Valadez, and Brennan.

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

PUBLIC COMMENTS
None.

NON CONSENT RESOLUTIONS

1. Adopted Resolution No. 2021-111. Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency Approving the Recognized Obligation Payment Schedule (ROPS) for the Period July 1, 2022 through June 30, 2023 (ROPS 22-23) with Expenditures Totaling $4,431,809, Approving the Associated Administrative Budget of $230,000, and Authorizing the submittal of both to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board.

ACTION: Motion by Board Member Rios, seconded by Board Member Morrison, to adopt the Resolution.

Motion carried 4-0, with Boardmember Rodriguez absent.

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ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Regular Meeting of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency - Tuesday – March 15, 2022 - 6:00 p.m. - Council Chambers - National City, California

The meeting adjourned at 11:10 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

December 9, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 4:33 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush ( arrived at 4:46 p.m .), Morrison ( arrived at 4:45 p.m. ), Rios , Rodriguez, Sotelo-Solis
Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Tellez, Hernandez, and Ybarra
Consultants/Advisors: Alena Shamos, Esq., and Aleks Giragosian, Esq.

PUBLIC COMMENTS
None.

CONSENT CALENDER

1. Adopted Resolution No. 2021-198. Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection C and D, sole source procurement, for the Police Department's purchase of seventy six (76) body worn cameras, cloud-based storage of digital evidence, and internet data management through Evidence.com, including support services and assist with the implementation of auto- tagging through CAD from Axon Enterprise, Inc.; authorize the City to award the purchase; authorize the Mayor to execute a five-year contract in the amount of $514,839.80 with Axon Enterprise, Inc.; and authorizing an increase of $27,967.69 to fiscal year 2022 General Fund appropriations and use of General Fund unassigned fund balance for said increase.

Deputy City Clerk Chapel read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced Chief Tellez who provided a summary of the Item.

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Page 2 of 2 ends

ACTION: Motion by Mayor Sotelo- Solis, seconded by Councilmember Rios , to a dopt the Resolution.

Ayes: Rios, Rodriguez, Sotelo-Solis
Nays: None

Absent: Bush, Morrison
Motion passed by 3-0 vote.

Members retired into Closed Session at 4:47 p.m. and returned at 6:00 p.m. with members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo- Solis, Raulston, Winney, Bell Jr., Hernandez, and Ybarra.

CLOSED SESSION

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One (1) Potential Case

Members retired into Closed Session at 4:47 p.m. and returned at 6:00 p.m. with members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Chapel, and Molina.

Guest: Alena Shamos, Esq., and Aleks Giragosian, Esq.

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One (1) Potential Case

Members ret urned from Closed Session at 6:00 p.m. with members present : Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Chapel, and Molina.

CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING

Mayor Sotelo-Solis introduced City Attorney Bell who provided the report.

For Item 2, direction was given by City Council to City Attorney and Staff by unanimous vote.

For Item 3, direction was given by City Council to City Attorney and Staff by unanimous vote.

ADJOURNMENT

Mayor Sotelo- Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City, Tuesday, January 18, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 6:00 p.m.
__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
103 of 629

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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

December 21, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 6:27 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Molina (arrived at
Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, and Gilman.

PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Rios led the Pledge of Allegiance.

PUBLIC COMMENT
None.

CONSENT CALENDAR

Public Comment:

One (1) written comment for Item 2 was received and read: Joan Rincon.

Deputy City Clerk Chapel announced to the Mayor that the live- stream of the meeting was interrupted and the public were unable to view meeting. In compliance with AB 361 the meeting discontinued at 6:35 p.m. The meeting was restarted and confirmed live stream for public at 6:42 p.m. The meeting started over from Call to Order.

CALL TO ORDER
The meeting was called to order at 6:42 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison (arrived at 6:49 p.m.), Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Molina (arrived at 6:49 p.m.) Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, and Gilman. 104 of 629
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Page 2 of 3 ends

PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Rios led the Pledge of Allegiance.

PUBLIC COMMENT
None.

CONSENT CALENDAR

Public Comment:

One (1) written comment for Item 2 was received and read: Joan Rincon.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to approve the Consent Calendar Items 1 and 2.

Motion carried by unanimous vote.

1. Adopted Resolution No. 2021-199. Resolution of the City Council of the City of National City, California, amending the Agreement between the City and Colantuono, Highsmith & Whatley, PC for legal services in the specialized area of Election Law by increasing the not-to-exceed amount by $80,000 for a new total not -to-exceed amount of $105,000 and authorizing an increase of $80,000 in General Fund appropriations and use of General Fund fund balance for said legal services.

2. Adopted Resolution No. 2021-200. Resolution of the City Council of the City of National City, California, authorizing registering in the National Opioid Settlement and authorizing the City Attorney to execute the necessary registration documents.

NON CONSENT RESOLUTION

3. Adopted Resolution No. 2021-201. Resolution of the City Council of the City of National City, California, declaring its intent to transition from At-Large Elections for City Council to District- Based Elections for City Council pursuant to Elections Code Section 10010.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced City Attorney Bell who introduced Senior Council Aleks Giragosian.

Mr. Giragosian provided a report and a PowerPoint Presentation.

Vice-Mayor Bush left the meeting at 7:23 p.m. and returned at 7:34 p.m.

Public Comment:

Nineteen (19) written comments were received and read: Wendy Aragon -Mills, Debbie Discar - Espe, Joe Mazares, Kirin A. Macapugay , Alicia DeLeon-Torres, Femie Villaflores, Ellen Nash, APAC – S teve Hisieh, Mitz Lee and Cynthia "CK" Suero- Gabler, National City Residents and Community of Interest , Joel Tubao, Salvador B. Flor , Ted Godshalk, Carol Kim, Ellen Nobles, Thelma Virata de Castro, Chris Cate, Myrna Reyes, Anamaria Labao Cabato, and Nancy Castro- Nieto.

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Page 3 of 3 ends

Three (3) speakers registered to speak but were not present to provide comment: Richard D'Ascoli, William Peetoom, and Ken Seaton-Msemaji.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Rodriguez, to adopt the Resolution.

Motion passed by unanimous vote.

CLOSED SESSION REPORT
M
ayor Sotelo-Solis introduced City Attorney Bell who provided the report.

1. CO

NFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Frank Parra (Chief of Emergency Services), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Hum an
R
esources Manager)
T
here is nothing to report on this item.

2. CO
NFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2)
One (1) Potential Case
C
ity Attorney Bell reported that there was direction given by City Council by 3-2 vote with (Yays: Bush, Rios, Sotelo-Solis; Nays Morrison, Rodriquez)

ADJOURNMENT
Mayor Sotelo- Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City, Tuesday, January 18, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 7:40 p.m.
__________________________

Luz Molina, City Clerk
T
he foregoing minutes were approved at the Regular Meeting of February 1, 2022. __________________________

Alejandra Sotelo-Solis, Mayor
106 of 629

Page 1 of 2 ends

MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

December 21, 2021

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:31 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush (arrived at 5:00 p.m.), Morrison, Rios, Rodriguez, Sotelo-Solis Councilmembers absent: None.

Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Tellez, Parra, Brennan, Valadez, Munoz
Consultants/Advisors: Eddie Kreisberg, Aleks Giragosian, Esq., Matt Rexroad

PUBLIC COMMENTS
None.

CLOSED SESSION

Members retired into Closed Session at 3:36 p.m. and returned at 4:18 p.m. with members present in attendance: Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., and Valadez.

Guest: Eddie Kreisberg

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Frank Parra (Chief of Emergency Services), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager) 107 of 629
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Page 2 of 2 ends

Members retired into Closed Session at 4:18 p.m. and returned at 6:23 p.m. with members present in attendance: Bush (arrived at 5:00 p.m.), Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Chapel, and Molina.

Guest: Aleks Giragosian, Esq., and Matt Rexroad Consultant

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One (1) Potential Case

Members returned from Closed Session at 6:23 p.m. with members present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Chapel, and Molina.

Guest: Aleks Giragosian, Esq., and Matt Rexroad Consultant

CLOSED SESSION REPORT

Mayor Sotelo-Solis announced that the report will be provided during the Special City Council meeting.

ADJOURNMENT

The meeting adjourned at 6:23 p.m. to the 6:00 p.m. meeting late.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of February 1, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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The following page(s) contain the backup material for Agenda Item: Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to March 1, 2022, as required by AB 361. (City Clerk)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

N
one.

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

This action is not subject to review under the California Environmental Quality Act (CEQA) FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_ Shelley Chapel
________________

February 1, 2022
Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to March 1, 2022, as required by AB 361 (City Clerk)
City Clerk
Adoption of the resolution would allow the City Council and the City Boards, Commissions and Committees to continue teleconference meetings via Zoom past the September 30, 2021, expiration date of the Governors Executive Order N -08-21. The State of Emergency continues as the COVID -19 Delta Variant has emerged causing a spike in cases throughout the world. The City complies with the County of San Diego County Health Department and Cal OSHA requirements to ensure the health and safety of its staff and the public.

A
dopting this resolution would allow the City Council to reevaluate this declaration of findings every 30 days for ongoing continuation or further action.

See Attachment A – Explanation regarding Assembly Bill No. 361 Shelley Chapel, MMC, Deputy City Clerk
A – Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS
Staff recommends that the City Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and the City Boards, Commissions and Committees after September 30, 2021 for a period of 30 days from the date of this meeting to be considered again by the City Council for ongoing continuation or further action.

(619) 336-4225
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ATTACHMENT A

RESOLUTION NO. 2022-

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING THE FINDINGS REQUIRED BY AB 361 TO CONTINUE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES AFTER FEBRUARY 1, 2022 FOR A PERIOD OF 30 DAYS

WHEREAS, the World Health Organization has declared the COVID -19 outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act; and

WHEREAS, beginning March 2020, California Governor Newsom executed Executive Order N-29-20 including additional updates as the pandemic progressed and extending into 2021. The most recent Executive Order N -08-21, issued June 11, 2021 waived all physical presence requirements under the Ralph M. Brown Act as a means of limiting the spread of COVID-19; and

WHEREAS, Executive Order N-08-21 is set to expire on September 30, 2021. The date was predicted as a time when hopes were that agencies could begin to transition back to public meetings held in full compliance with the Ralph M. Brown Act; and

WHEREAS, on September 16, 2021, California Governor Newsom signed into law Assembly Bill (AB) 361, which extends the authority of public agencies to conduct meetings by teleconference, including video conference, while the state of emergency resulting from the COVID -19 pandemic and accompanying recommendations for social distancing remain in place.

WHEREAS, on October 5, 2021, City Council adopted Resolution No. 2021-147 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on November 2, 2021, City Council adopted Resolution No. 2021-164 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on December 7, 2021, City Council adopted Resolution No. 2021-183 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on January 4, 2022, City Council adopted Resolution No. 2022-01 was adopted declaring findings to continue to teleconference for an additional 30 days.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1 : Makes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appointed Boards, Commissions, and Committees:
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1 Section 2. Makes the findings that the City of National City meets the requirements to continue holding meeting remotely in order to ensure the health and safety of its staff and the public:

Section 3. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 1st day of February 2022, by the following vote:

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Charles E. Bell Jr., City Attorney
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RESOLUTION NO. 2022 -

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING THE FINDINGS REQUIRED BY AB 361 TO CONTINUE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES AFTER FEBRUARY 1, 2022 FOR A PERIOD OF 30 DAYS

WHEREAS, the World Health Organization has declared the COVID-19 outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act; and

WHEREAS, Executive Order N-08-21 was set to expire on September 30, 2021.

The date was predicted as a time when hopes were that agencies could begin to transition back to public meetings held in full compliance with the Ralph M. Brown Act; and

WHEREAS, on October 5, 2021, City Council ado pted Resolution No. 2021-147 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on November 2, 2021, City Council adopted Resolution No. 2021-164 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on December 7, 2021, City Council adopted Resolution No. 2021-183 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on January 4, 2022, City Council adopted Resolution No. 2022-01 declaring findings to continue to teleconference for an additional 30 days.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

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Resolution No. 2022 –
Page Two

Section 1: Makes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appointed Boards, Commissions, and Committees.

Section 2. Makes the findings that the City of National City meets the requirements to continue holding mee tings remotely in order to ensure the health and safety of its staff and the public.

Section 3. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 1st day of February 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California approving and ratifying the Second Amendment to an Agreement between the City of National City and Kreisberg Law Firm LLP for legal services in the specialized area of labor law to extend the term of the Agreement from January 1, 2022-December 31, 2022. (City Manager) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: February 1,2022 AGENDA ITEM NO.

ITEM TITLE:

Resolution of the City Council of the City of NationalCity approving and ratifyingthe second amendment to an agreement between the City of National City and Kreisberg Law Firm LLP for legal services in the specializedarea of labor law to extend the term of the Agreement from January 1, 2022 — December 31, 2022. (CityManager)
PREPARED BY: Tony Winney, Assistant City Manager DEPARTMENT: City Manager’s Office PHONE: (619)336-4240 APPROVED BY:

EXPLANATION:

The City engages outside legal support for specialized areas. On March 1, 2021, the City executed an agreement with Kreisberg Law Firm to provide the City Manager a fullrange of legalservices relatedto labor negotiationsand relations.On June 15, 2021, the City Council approved the firstamendment to the agreement which increased the compensation amount ina not to exceed amount of $150,000 and extended the term ofthe agreement to includetwo, one year extensions availablethrough December 2023, allowingKreisberg Law Firm to continue to represent the City during negotiations,includingany necessary specialstudies,and on a retainer basis after negotiations are completed. The second amendment exercises the firstof the (2) one year extensions availablethrough December 2023 and authorizes the City Manager to sign future amendments to the agreement under the currentterms.

FINANCIAL STATEMENT: APPROVED: W% Finance
ACCOUNT N0. APPROVED: MIS
Sufficientfunds existinthe Non-Departmental Professional Services account 001-409-000-213-0000.

ENVIRONMENTAL REVIEW:

N/A
ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Approve the attached Resolution authorizingthe second amendment to the agreement with Kreisberg Law Firm.

BOARD lCOMMISSION RECOMMENDATION:

N/A

ATTACHMENTS:

Attachment A — Resolution
Attachment B — OriginalAgreement with Kreisberg Law Firm Attachment C — FirstAmendment to the Agreement with Kreisberg Law Firm Attachment D — Second Amendment to the Agreement with Kreisberg Law Firm

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AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AN D

KREISBERG LAW F IRM LLP
THIS AGREEMENT FOR LEGAL SERVICES (the“Agreement”) ismade as of the Ist day of March, 2021 between the CITY OF NATIONAL CITY, a municipal corporation,(the “CITY”) and KREISBERG LAW FIRM LLP, (the “FIRM”). This Agreement setsforththe parties’mutual understandingconcerninglegalservicesto be providedby the FIRM and thefee arrangement forsaidservices.

Article1. Retainer. The CITY herebyretainstheFIRM toassistinrepresentingthe CITY inconnectionwith as-needed,generallegalservicesregardinglaborrelationsand labor negotiationsmatters,subjectto thisAgreement.

Article2. EffectiveDate and Term. This Agreement shallbe effectiveon March 1, 2021, through December 31, 2021 This Agreement may be terminatedatany time by eitherparty withsixty(60)days’writtennoticetotheother.Noticeofterminationby theFIRM shallbe given totheCityManager.

Article3. Scoge of Services.FIRM shallprovide,as—needed,generallegalservices regardinglaborrelationsand labornegotiationsmatters,includingthefollowing:perform thefull range of servicesrelatedto the negotiation,draftingand implementationof MOUs, including proactivelyadvising on currentlegaltrends and issuesrelatedto labor negotiationsand agreements.Compensation forthese“laborrelationsand labornegotiations”servicesshallbe as setforthinArticle4 ofthisAgreement.

Upon request,FIRM may provideotherlaborand employment legalservices,including representingthe CITY in unfairlaborpractice,arbitration,litigation,mediation,fact—ﬁnding, appealsand otherhearingsthatmay relateto laborrelationsand labornegotiations,as well as advisingtheCITY on non-1aborrelatedemployment law matters.Compensation forthese“other laborand employment legalservices”shallbe as setfoxthinArticle4 ofthisAgreement.

Article4. Compensation. The totalcompensation toFIRM forprovidingthe services setforth herein shallnot exceed $49,000.

A. The CITY shallpay a monthly retaineramount of $4,000 foreach month of this Agreement fora totalof $40,000duringtheterm ofthisAgreement forservicessetforthinArticle

3. B. In addition,the CITY shallpay $300 per hour forany additionalrequestedand authorized“otherlaborand employment legalservices”as describedinArticle3.

C. The FlRM shallnotuse more thanone attorneyforthesame speciﬁctaskwithout the CITY’S approval. The FIRM may use the minimum number of attorneysforthisengagement 2021 Agreement Page 1 0f 9 City ofNationalCity and
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consistentwith good professionalpracticeafterconsultingwith and obtainingapprovalby the CITY.

D. The FIRM agreesto document a planand budgetconsistentwiththescope of servicesdescribedabove inArticle3 to be agreedto by theCityManager and theFIRM. The CITY shallnot be obligatedto pay the FIRM amounts not discussed,budgeted,and agreedto beforebeing incurredby theFIRM.

E. The FIRM shallkeep theCITY advisedmonthly as tothelevelof attorney hoursand clientservicesperformedunderArticle3. The FIRM willnotchargetheCITY fortravel time;however,theF IRM may chargeforwork performedfortheCITY duringany traveltime.

F. The CITY furtheragreesto reimbursethe F IRM, in accordancewith the proceduresset forthin thisArticle,for telephone,fax, mail,messengers,federalexpress deliveries,document reproduction,client-requestedclericalovertime,lodging,and similarout— of-poeketexpenseschargedby theFIRM as a standardpracticeto itsclientsgenerally,withthe exceptionof meals. In any billingfordisbursements,theFIRM shallprovidetheCITY witha statementbreakingdown theamounts by categoryofexpense.The followingitemsshallnotbe reimbursed,unlessthe CITY has speciﬁcallyagreed otherwise:
(1) Word Processing,Clericalor secretarialcharges,whether expressed as a dollardisbursementor timecharge.
(2) Storage of open or closed ﬁles,rent,electricity,localtelephone, postage,receiptsor transmissionof telecopierdocuments, or any other items traditionally associatedWith overhead.
(3) Photocopy charges inexcess of $.15 (ﬁfteencents)per page. (4) Auto mileage ratesin excess of the rateapproved by the Internal Revenue Serviceforincome taxpurposes.
(5) Secretarialovertime.Where case requirementsdemand overtime, theCITY willconsiderreimbursementon a case—by—casebasis.The CITY willnot reimburse oveltime incurredfor the convenience of the FIRM’S failureto meet deadlinesknown in advance.
(6) Equipment, books, periodicals,researchmaterials,Westlaw/Lexis or likeitems.
(7) Expresscharges,overnightmail charges,messenger services01'the like,withoutthe CITY’S priorconsent. The CITY expectstheseexpensesto be incurredin emergency situationsonly. Where casenecessityrequirestheuse of theseservices,theCITY willconsiderreimbursementon a case-by-casebasis.
(8) Meals.
(9) Latepayment chargeor interest.Due to thenatureof theCITY’S payment process,the CITY willnot pay any latechargesor interestchargesto bills.Every effortwillbe made topay billspromptly.

G. Billsfrom theFIRM shouldbe submittedto Brad Raulston,CityManager, 1243 NationalCity Boulevard,National City,CA 91950-4301. The individualtime and 2021Agreement Page 2 0f 9 CityafNatmnalCityand
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disbursementrecordscustomarilymaintainedby theF[RM forbillingevaluationand review purposesshallbe made availabletotheCITY insupportof billsrenderedby theFIRM.

H. The FIRM agrees to forward to the CITY a statementof account foreach one-month periodof servicesunder thisAgreement, and theCITY agreesto compensate the FIRM on thisbasis.The FIRM willconsultmonthly withtheCITY astothenumber ofattorney hours and clientdisbursementswhich have been incurredto dateunderthisAgreement,and as to futureexpectedlevelsofhoursand disbursements.

1. BillingFormat Each billingentry must be complete, discreteand appropriate.
(1) Complete.
(a) Each entrymust name thepersonor personsinvolved.For instance,telephonecallsmust includethenames of allparticipants. (b) The datethe work was performed must be included.
(c) The hours should be billedin .10hour increments.
(d) The speciﬁc task performed should be described,and the relatedwork productshouldbe reference(“telephonecallre:trialbrief,”"interviewinpreparation fordeposition”).
(6) The biller’sprofessional capacity (partner,associate, paralegal,etc.)shouldbe included.
(2) Discrete: Each task must be set out as a discretebillingentry; neithernarrativenor blockbillingisacceptable.
(3) Appropriate.
(a) The CITY does not pay forclericalsupport,administrative costs,overhead costs,outsideexpensesor excessiveexpenses. For example,theCITY Willnot pay forsecretarialtime,word processingtime,airconditioning,rentalof equipment,including computers, meals served atmeetings, postage,online research,or the overhead costsof sending or receivingfaxes.NeitherwilltheCITY pay foroutsideexpensessuch as messengerdeliveryfees, outside photocopying,videotapingof depositions,investigativeservices,outsidecomputer litigationsupportservices,or overnightmail.
(b) Due tothenatureoftheCITY’S payment process,theCITY
willnotpay any latecharges.Every effortwillbe made topay billspromptly.

J. Stafﬁng.Every legalmattershouldhave a primarilyresponsibleattorney and a paralegalassigned.Ultimately,stafﬁng isa CITY decision,and the CITY’S representative may reviewstafﬁngto insurethatitisoptimalto achievethegoalsoftheengagement attheleast cost.
(1) Paralegalsaretobe usedtothemaximum extentpossibletoenhance efﬁciency and cost-effectiveness.All tasks typicallyconsideredassociateWork should be consideredforassignmenttoa paralegal.Writtenauthorizationfrom theCITY must be had before associatehoursbilledexceed paralegalhoursbilled.
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(2) Once an attorneyisgivenprimaryresponsibilityforan engagement, thatperson should continueon the legalmatteruntilthematterisconcluded orthe attorneyleaves the FIRM. The CITY willnot pay the costsof bringinga new attorneyup to speed. (3) Ifmore than one attorneyisgoing to perfonn thesame task,prior approvalfrom theCITY must be had. This includesdocument review.

Article5. Independent Contractor. The FIRM shallperform servicesas an independentcontractor.Itis understoodthatthiscontractisfor unique professionalservices.

Accordingly,thedutiesspecifiedinthisAgreement may notbe assignedordelegatedby theFIRM withoutpriorwrittenconsentof the CITY. Retentionof the FIRM isbased on the particular professionalexpertiseof theindividualsrenderingtheservicesrequiredintheScope of Services.

Article6. Confidentialigof Work. Allwork performedby theFIRM includingbut not limited to all draﬁs, data, correspondence, proposals, reports,and estimates compiled or composed by theFIRM pursuanttothisAgreement isforthesoleuseofthe CITY. Allsuchwork productshallbe conﬁdentialand notreleasedto any thirdpartywithoutthepriorwrittenconsent of the CITY.

Article7. Compliance with Controlling Law. The FIRM shallcomply with all applicablelaws,ordinances,regulations,and policiesofthe federal,state,and localgovernments as theypertaintothisAgreement. In addition,theFIRM shallcomply immediatelywith any and alldirectivesissuedby the CITY or itsauthorizedrepresentativesunder authorityof any laws statutes,ordinances, rules,or regulations. The laws of the State of California shall govern and controlthetermsand conditions0fthisAgreement.

Article8. AcceptabiligofWork. The CITY shalldecideany and allquestionswhich may ariseas to the qualityor acceptabilityof the servicesperformed and the manner of performance,theacceptablecompletionof thisAgreement and theamount of compensationdue.

IftheFIRM and theCITY cannotagreetothequalityor acceptabilityof thework,themanner of performance,orthecompensationpayabletotheFIRM inthisAgreement,theCITY or theFIRM shallgivetotheotherwrittennotice.Withinten(10)businessdays,theFIRM and theCITY shall each preparea reportwhich supportstheirpositionand ﬁle the same with theotherparty.The CITY shall,with reasonablediligence,determinethe qualityor acceptabilityof the work, the manner of performance or thecompensation payableto the F IRM.

Article9. Indemniﬁcation. The FIRM agreesto indemnify,defend,and hold the CITY and itsagents, ofﬁcers, employees, and volunteers harmless from and against all claims assertedor liabilityestablishedfordamages or injuriestoany personorproperty,includinginjury to the F IRM’S employees, agents, or officers,which arisefrom or are connected with or caused or claimedto be causedby theactsor omissionsof theFIRM and itsagents,ofﬁcers,or employees inperformingthework orotherobligationsunderthisAgreement,and allexpensesofinvestigating and defendingagainstsame; provided,however,thatthisindemniﬁcationand holdharmlessshall not includeany claims or liabilityarisingfrom the establishedsole negligenceor willful misconduct of the CITY, itsagents, ofﬁcers, employees, or volunteers. 2021Agreement Page 4 of 9 CltyofNationalCltyand
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Article10. Insurance. The FIRM, at itssolecostand expense,shallpurchaseand maintainthroughouttheterm of thisAgreement,thefollowinginsurancepolicies:

A. Professional LiabilityInsurance (errorsand omissions) with minimum limitsof$1,000,000perclaim.

B. Automobile Insurance covering allbodily injuryand propelty damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limitper accident. Such automobile insurance shallinclude owned, non-owned, and hired vehicles. The policy shall name the CITY and itsofﬁcers, agents, employees, and volunteersasadditionalinsureds,and a separateadditionalinsuredendorsementshallbe provided.

C. Commercial General Liability Insurance, with minimum limitsof either $2,000,000 per occurrence and $4,000,000 aggregate, 0r $1,000,000 per occurrence and $2,000,000aggTegatewith a $2,000,000umbrellapolicy,coveringallbodilyinjuryand property damage arisingoutof itsoperations,work, or performanceunderthisAgreement.The policyshall name the CITY and itsofﬁcers, agents,employees, and volunteersas additionalinsureds,and a separateadditionalinsuredendorsementshallbe provided.The generalaggregatelimitmust apply solelytothe“location".The “location”shouldbe notedwith speciﬁcityon an endorsementthat shallbe incorporatedintothepolicy.

D. Workers’ Compensation Insurance requirementwillbe waived by theCityiftherearesix(6)employees or fewer,consistentWith statelaw.

E. The aforesaidpoliciesshallconstituteprimary insuranceas tothe CITY, its ofﬁcers,ofﬁcials,employees,and volunteers,so thatany otherpoliciesheldby theCITY shallnot contributeto any lossunder said insurance.Said policiesshallprovide forthirty(30) days prior written notice to the CITY’s Risk Manager, at the address listedin subsection G below, of cancellationor materialchange.

F . Ifrequiredinsurancecoverageisprovidedon a “claimsmade" ratherthan “occurrence”form, the FIRM shallmaintain such insurancecoverage for three years after expirationof theterm (and any extensions)of thisAgreement. In addition,the“retro"datemust be on or beforethedateofthisAgreement.

G. The CertiﬁcateHolderforallpoliciesofinsurancerequiredby thisSection shallbe:

CityofNationalCity
c/oRisk Manager
1243 NationalCityBoulevard
NationalCity,CA 91950-4397
H. Insuranceshallbe writtenwithonlyinsurersauthorizedtoconductbusiness inCaliforniathatholda currentpolicyholder’salphabeticand ﬁnancialsizecategoryratingof not lessthanA:VlI accordingtothecurrentBest’sKey RatingGuide,ora company ofequalﬁnancial 2021 Agreement Page 5 Of 9 City of NationalCityand
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stabilitythatisapprovedby theCITY’S Risk Manager. Intheeventcoverageisprovidedby non- admitted“surpluslines"carriers,they must be includedon the most recentListof Approved SurplusLine Insurers(“LASLI”) and otherwisemeet ratingrequirements.

I. This Agreement shallnot take effectuntilcertiﬁcate(s)or othersufﬁcient proofthattheseinsuranceprovisionshave been compliedwith,areﬁled withand approvedby the CITY’S Risk Manager. IftheFIRM does notkeep allinsurancepoliciesrequiredby thisArticle 10 in fullforceand effectatalltimes during the term of thisAgreement, the CITY may treatthe failureto maintainthe requisiteinsuranceas a breach of thisAgreement and terminatethe Agreement as provided herein.

J. All deductiblesand self—insuredretentionsin excess of $10,000 must be disclosedto and approved by the CITY. CITY reservesthe rightto modify the insurance requirementsof thisArticle,includinglimits,based on thenatureof the risk,priorexperience, insurer,coverage,orotherspecialcircumstances.

K. Ifthe FIRM maintainsbroadercoverage or higher limits(orboth)thanthe minimum limitsshown above,theCITY shallbe entitledto thebroadercoverageor higherlimits (orboth)maintainedby the FIRM. Any availableinsuranceproceedsin excessof the speciﬁed minimum limitsofinsuranceand coverageshallbe availabletotheCITY.

Article11. Drug Free Work Place. The FIRM agrees to comply with the CITY’S Drug-Free Workplace requirements. Every person awarded a contractby the CITY for the provisionof servicesshallcertifyto the CITY thatitwillprovidea drug-freeworkplace. Any subcontractenteredintoby the FIRM pursuanttothisAgreement shallcontainthisprovision.

Article12. Non-DiscriminationProvisions.The FIRM shallnotdiscriminateagainst any subcontractor,vendor,employee or applicantforemployment because of age,race,color, ancestry,religion,sex,sexualorientation,maritalstatus,nationalorigin,physicalhandicap,or medical condition.The FIRM willtakepositiveactionto insurethatapplicantsareemployed without regard to theirage, race, color, ancestry, religion,sex, sexual orientation,marital status, nationalorigin,physicalhandicap,or medical condition.Such actionshallincludebut not be limitedto thefollowing:employment, upgrading,demotion,transfer,recruitmentor recruitment advertising,layoffor termination,ratesof pay or otherforms of compensation,and selectionfor training,includingapprenticeship.The FIRM agreesto postin conspicuousplacesavailableto employees and applicantsforemployment any noticesprovidedby the CITY settingforththe provisionsofthisnon-discriminationclause.

Article13. Notiﬁcationof Change inForm. The FIRM hastherighttoeffectchanges inform includingbut not limitedto:thechange inform from a partnershiptoa professionallaw corporation;theChange in form of any partneror partnersfrom an individualor individualsto a professionallaw corporation;the change in form of any corporatepartneror partnersto any individualpartnersThe CITY shallbe promptlynotiﬁedinwritingof any change inform.

Article14. Notices. In allcases where writtennoticeis to be given under this Agreement, serviceshallbe deemed sufﬁcientifsaidnoticeisdepositedintheUnitedStatesmail, 2021 Agreement Page 6 0f 9 City ot‘NationalCityand
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postagepaid. When so given,such noticeshallbe effectivefrom thedateofmailing 0f thenotice.

Unlessotherwiseprovidedby noticeinwritingfrom therespectiveparties,noticetotheAgency shallbe addressedto:

CityManager
CityofNationalCity
1243 NationalCityBoulevard
NationalCity,CA 91950-4397
cc: AssistanttotheCityManager
City ofNational City
1243 NationalCityBoulevard
National City, CA 91950-4397
and t0: braulst0n@nationalcitycagov
twinnengnationalcityca.gov
Notice to the FIRM shallbe addressed to:

Edward L. Kreisberg

KREISBERG LAW FIRM, LLP
2225 Bayshore Road, Suite200
PaloAlto,CA 94303
Email: eddiengreisberg-laweom
Nothing containedinthisAgreement shallpreclude01‘renderinoperativeservice or such noticeinthemanner providedby law.

Article 15. Administrative Provisions.

A. Time of Essence. Time is of the essence for each provisionof this Agreement.

B. Counterparts.This Agreement may be executedinmultiplecounterparts, each of which shallbe deemed an original,but allof which, together,shallconstitutebut one and the same instrument.

C. Headings. Any captionsto,or headingsof,thesectionsor subsectionsof thisAgreement are solelyfor the convenience of the partieshereto,are not a part of this Agreement, and shallnot be used forthe interpretationor determinationof the validityof this Agreement or any provisionhereof.

D. CaliforniaLaw. This Agreement shallbe construedand interpretedin accordancewiththelaws of theStateof California.The venue forany legalactionarisingunder 202|Agreement Page 7 0f 9 CityofNationalCityand
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thisAgreement shallbe in eitherstateor federalcourtin the County of San Diego, Stateof California.

E. IntegratedA greemem‘. ThisAgreement includingattachmentsand exhibits containsalloftheagreementsofthepartiesand allpriornegotiationsand agreementsaremerged inthisAgreement. ThisAgreement cannotbe amended ormodiﬁed exceptby writtenagreement, and mutuallyagreedupon by theCITY and theFIRM.

F. Severability.The unenforceability,invalidity,0r illegalityof any provision of thisAgreement shallnotrendertheotherprovisionsunenforceable,invalid,or illegal.

G. Waiver. The failureof the CITY to enforcea particularconditionor provisionof thisAgreement shallnot constitutea waiver of thatconditionor provisionor its enforceability
H. Conﬂict oflnterest.During theterm of thisAgTeement, theFIRM shallnot perform servicesof any kind for any person or entityWhose interestsconﬂict in any way with thoseof the CITY. This prohibitionshallnot precludethe CITY from expresslyagreeingto a waiverof a potentialconﬂictof interestunder certaincircumstances.

I. No Obligationsto ThirdParties.Except as otherwiseexpresslyprovided herein,theexecutionand deliveryofthisAgreement shallnotbe deemed toconferany rightsupon, 01‘obligateany ofthepartieshereto,toany personor entityotherthanthepartieshereto.

J. Exhibitsand Schedules. The Exhibitsand Schedules attachedheretoare herebyincorporatedhereinby thisreferenceforallpurposes.To theextentany exhibits,schedules, or provisionsthereofconﬂictor areinconsistentwith thetermsand conditionscontainedinthis Agreement, the terms and conditions of thisAgreement shallcontrol.

K. Construction.The partiesacknowledge and agreethat(i)each partyisof equalbargainingstrength,(ii)each partyhas activelyparticipatedinthedrafting,preparationand negotiationof thisAgTeement, and (iii)any rule01‘constructiontotheeffectthatambiguitiesare to be resolvedagainstthedraftingpartyshallnotapplyintheinterpretationofthisAgreement,or any portionshereof,or any amendments hereto
IN WITNESS WHEREOF, thepattiesheretohave executedthisAgreement on the date and year ﬁrstabove written.
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CITY OF NATIONAL CIT KREISBERG LAW FIRM LLP/
By:Mikkapgsq.

Title: ?dr‘anﬁ/
Charles E. Bell,Jr.

CityAttorney
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AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

KREISBERG LAW FIRM LLP
THIS 1sr AMENDMENT TO THE AGREEMENT is entered into this 15th day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and KREISBERG LAW FIRM LLP, a limited liability partnership (the "FIRM").

RECITA LS
WHEREAS, the CITY and the FIRM entered into an Agreement on March 1, 2021 ("the Agreement"), wherein the FIRM agreed to provide as-needed, general legal services regarding labor relations and labor negotiations matters services for a not- to-exceed amount of $49,000, concluding December 31, 2021, with no additional extensions; and
WHEREAS, the parties desire to amend the Agreement by including a provision stating that the Agreement may by extended by mutual agreement upon the same terms and conditions for an additional one (1) year term and that the Parties may exercise up to two (2) one-year extensions; and
WHEREAS, the parties desire amend the Agreement to extend the scope of legal services to include classification and compensation services and comparative staffing analysis, and authorize the use of subconsultants for special projects; and WHEREAS, the parties desire to amend the Agreement to cover the cost of providing the increased scope of services, extension in term and increased cost from the amount of $49,000 to the not-to-exceed amount by $101,000 for a total not-to-exceed amount of $150,000.

AGREEMENT
NOW, THEREFORE, the parties hereto agree that:

1. The March 1, 2021 Agreement is hereby amended to include a provision to extend the term of the Agreement to include two, one year extensions available through December 2023.

2. Article 3 of the March 1, 2021 Agreement is hereby amended to include "special studies, including those involving classification, compensation and staffing analysis. Compensation for these "special studies" shall be set forth in Article 4 of this Agreement"; and
First Amendment to
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3. Article4 oftheAgreement ishereby amended tostatethe following:
a. Compensation. The totalcompensation to FIRM forprovidingthe services setforthhereinshallnot exceed $150,000.
b. “The CITY shallpay FIRM forany subconsultingspecialstudiesbased upon the mutuallyagreed upon priceacknowledged inwritingby CITY priortothe startof work. The totalamount of any special studies shallbe included withinthe overallnot-to—exceed amount of $150,000."
4‘ Article15 ofthe agreement ishereby amended to add the following:

K. Subcontractors or Subconsultantsi The CITY isengaging the services of the FIRM identifiedinthisAgreement. The FIRM shallnot subcontract any portionof the work, unless such subcontracting was partof the originalor amended proposal or isallowed by the CITY inwriting.Inthe event any portionof the work under this Agreement issubcontracted, the subconsultant(s) shallbe required to comply with and agree to,forthe benefitof and infavor of the CITY, both the indemnification and hold harmless provisionof Section 9 and the insuranceprovisionsinSection 10 ofthisAgreement.

5. The partiesfurtheragree that,with the foregoing exceptions, each and every otherterm and provisionofthe March 1,2021 Agreement shallremain infullforce and effect.

IN WITNESS WHEREOF, the parties hereto have executed this 1StAmendment to the Agreement on the date and year firstabove written.

CITY OF NATIONAL CITY KREISBERG LAW FIRM LLP
B” éw/X7w? aulston,City Manager (Name)
APPROVED AS TO FORM: 6‘1“”th «5‘94;
(Print)
By: W ! p/mC/(ﬂét I
' (me)CharlesE.BellJr. ’
CityAttorney
FirstAmendment to
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DATE(MMIDDIYVW)
CERTIFICATE OF LIABILITY INSURANCE 06,07,2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS N0 RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.

IMPORTANT: Ifthe certificateholder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL iNSURED provisions or be endorsed.

IfSUBROGATION iS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificatedoes not confer rights to the certificateholder in lieu of such endorsement/s).

PRODUCER £2,312” BradyWard _
Jaffe-Schiossberg,Inc. mg’ﬁu EX“: (415)22145340 5% No): (415)22175395 3502GearyBivd,3rdFloor g-anj‘glgss:

INSURER(5)AFFORDINGCOVERAGE NAICa
San Francisco CA 94118 INSURERA: SentineiinsCo, LTD 11000 'NSURED INSURERa:

The Kreisberg Law Firm‘ LLC INSURER c:
2225 E Bayshore Rd Ste 200 INSURER D:

INSURERE :

PaioAlto CA 94303 INSURERF:

COVERAGES CERTIFICATE NUMBER: CL2121805762 REVISION NUMBER:

THIS is TO CERTIFY THAT THE POLICiES OF INSURANCE LiSTED BELOW HAVE BEEN iSSUED TO THE iNSURED NAMEDAEOVE FOR THE POLICY FERiOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM 0R CONDITiON OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTiFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREiN IS SUBJECT TO ALL THE TERMS, EXCLUSiONS AND CONDiTIONS OF SUCH POLiCiES. LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS.

INSR AWESUER P LICYEFF P LICYEXPLTR TYPE OF INSURANCE INSD wvn POLICY NUMBER (Mlioll/DD/VYYV)(Ma/DDNYYY) LIMITS X COMMERCIAL GENERAL LIABILlTY EACH OCCURRENCE $ 2,000,000 DAMAGWE RENTEDCLAiMS-MADEX OCCUR PREMiSES(E:occmeme) s 1.000.000 MED EXP(Anyoneperson) $ 10000
A Y 57SBMBN2383 01/08/202101/08/2022PERSONAL&ADVINJURV $ 2,000.000 GEN‘LAGGREGATELIMITAPPL/ESPER. GENERALAGGREGATE 5 4300000 X POL/CY 3&8; Loc PRODUCTS—COMPIOPA66 5 4000900
OTHER. 5
COMBINEDSINGLELiMiTAUTOMOBILELIABILITY (EBaccidem’ 3 2,000,000 ANYAUTO BODILYINJURY(Perperson)s
OWNED SCHEDULED .A AUTOS ONLY AUTOS 57SBMBN2383 01/08/2021 01/08/2022 EODILYINJURY/Per accident) 15 X HIRED >< NON-OWNED PROPERTYDAMAGE 5AUTOSONLY AUTOSONLY (Peraccident) S
UMBRELLA“‘5 OCCUR EACHOCCURRENCE $
EXCESS““3 CLAIMS-MADE AGGREGATE $
DED RETENTION 5 $
WORKERSCOMPENSATION PER 0TH-ANDEMPLOYERS'LIABILITY vIN STATUTE ER ANVPROPRlETOR/PARTNER/EXECUTNE E.L.EACHACCIDENT sOFFICER/MEMEEREXCLUDED? N /A(MandatoryinNH) E,LDISEASE.EAEMPLOYEE asuyes‘describeunderDESCRIPTIONOFOPERATIONSbelow E.L.DISEASE,POLICYLIMiT s

DESCRIPTION OF OPERATIONS I LOCATIONS [VEHICLES (ACORD101,AdditianalRemalks Schedule, may he ahacheﬂ ifmore space Is(Equlled) City of Nationai City,itsofficers.officiais.empioyees. and volunteers are inciuded as Additionalinsureds, as required by writtencontract.per the Business LiabilityCoverage $50005 attached to thispolicy.As requiredby wrinen contract,(hisinsurance isPrimary and Non~contribuiorywithany insurancecarried by Additional Insureds.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

ACORD 25 (2016/03) The ACORD name and logo are registeredmarks ofACORD City of Nationai City
c/o Risk Manager
1243 National 0in Boulevard
National City CA 91950

AUTHORIZED REPRESENTATIVE

128 of 629

QUICK REF ERENCE

BUSINESS LIA BILITY COVERAGE FORM

READ YOUR PO LICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginningon Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1. Bankruptcy 15

2. Duties InThe Event Of Occurrence, Offense, Claim Or Suit 15

3. FinancialResponsibilityLaws 16

4. Legal Action Against Us 16

5. Separation Of Insureds 16

6. Representations 15

7. Other Insurance 16

8. TransferOf RightsOf Recovery AgainstOthers To Us 17
F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
AdditionalInsureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
130 of 629

EBUSINESS LIABILITY COVERAGE FORM
Various provisionsinthispolicyrestrictcoverage. Read the entirepolicycarefullyto determine rights,dutiesand what isand isnot covered.

Throughout this policythe words "you" and "your" referto the Named Insured shown in the Declarations. The words us" and "our"referto the stock insurance company member of The Hartfordprovidingthisinsurance.

The word "insured"means any person or organizationqualifyingas such under Section C. - Who lsAn Insured.

Other words and phrases that appear in quotation marks have special meaning, Refer to Section G‘ - LiabilityAnd Medical Expenses Definitions.

A. COVERAGES

BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)
Insuring Agreement

1. a.
b.

We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertisinginjury"to which this insurance
applies. We willhave the rightand duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injuty",”property damage" or "personal and
advertisinginjuw" to which this insurance
does not apply.

We may, at our discretion,investigateany
"occurrence" or offense and settleany claim
or "suit"that may result.But:
(1) The amount we willpay for damages is
limited as described in Section D. -
LiabilityAnd Medical Expenses Limits
Of Insurance;and
(2) Our rightand duty to defend ends when
we have used up the applicablelimitof
insurance in the payment of judgments,
settlements or medical expenses to which
thisinsurance applies.

No other obligationor liabilityto pay sums or
perform acts or services is covered unless
explicitlyprovided for under Coverage
Extension» Supplementary Payments.

This insurance applies:
(1) To "bodily injury" and "property
damage" only if:

Form 58 00 08 04 05
© 2005, The Hartford
(3) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place inthe
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period;and
(c) Priorto the policyperiod,no insured
listedunder Paragraph 1. of Section
C. , Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim,knew thatthe "bodilyinjury"
or "propertydamage" had occurred,
in whole or in part. Ifsuch a listed
insured or authorized "employee"
knew, priorto the policyperiod,that
the "bodily injury" or "property
damage" occurred, then any
continuation,change or resumption
of such "bodily injury"or "property
damage" during or afterthe policy
period willbe deemed to have been
known priorto the policyperiod‘
(2) To "personal and advertising injury"
caused by an offense arisingout of your
business, but only if the offense was
committed in the "coverage territory"
during the policyperiod.
"Bodily injury"or "propertydamage" willbe
deemed to have been known to have
occurred at the earliest time when any
insured listedunder Paragraph 1.of Section
C. — Who ls An Insured or any "employee"
authorized by you to give or receive notice
ofan "occurrence" or claim:
(1) Reports all,or any part,of the "bodily
injury"or "property damage“ to us or
any other insurer;

Page 1 of 24 ends

131 of 629

BUSINESS LIABILITY COVERAGE FORM

9. (2) Receives a writtenor verbal demand or
Claim fordamages because of the "bodily
injury"or "propertydamage"; or
(3) Becomes aware by any othermeans that
"bodilyinjury"or "propertydamage" has
occurredor has begun tooccur.

Damages because of "bodilyinjuw" include
damages claimed by any person or
organization for care, loss of services or
death resultingat any time from the "bodily
injury".

Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services;and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limitsof insurance forincidentalmedical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".

2. MEDICAL EXPENSES
Insuring Agreement
a. We willpay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent;or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory"and during the
policyperiod;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident;and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.

Page2 of24
We willmake these payments regardless of
fault.These payments willnot exceed the
applicable limitof insurance. We willpay
reasonable expenses for:
(1) Firstaid administered at the time of an
accident;
(2) Necessary medical, surgical,x-ray and
dental sewices, including prosthetic
devices; and
(3) Necessan/ ambulance, hospital,
professional nursing and funeral
services.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS
We willpay, with respect to any claim or
"suit"we investigateor settle,or any "suit"
against an insured we defend:
(1) Allexpenses we incur.
(2) Up to $1,000 for the cost of bailbonds
required because of accidents or traffic
law violationsarisingout of the use of
any vehicle to which Business Liability
Coverage for"bodilyinjury"applies.We
do not have to furnishthese bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limitof
insurance. We do not have to furnish
these bonds.
(4) Allreasonable expenses incurredby the
insured at our request to assistus inthe
investigationor defense of the claim or
"suit",includingactual loss of earnings
up to $500 a day because of time off
from work
(5) All costs taxed against the insured in
the "suit".
(6) Prejudgment interestawarded against
the insured on that part of the judgment
we pay. Ifwe make an offerto pay the
applicablelimitof insurance,we willnot
pay any prejudgment interestbased on
thatperiod oftime afterthe offers
(7) All intereston the fullamount of any
judgment that accrues afterentry of the
judgment and before we have paid,
offeredto pay, or deposited in courtthe
part of the judgment that is withinthe
applicable limitof insurance.

Any amounts paid under (1) through (7)
above willnot reduce the limitsof insurance.

Form SS 00 08 04 05
132 of 629
b. Ifwe defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit",we will
defend that indemnitee if all of the
followingconditionsare met:
(1) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liabilityof the
indemnitee in a contract or agreement
that isan "insured contract";
(2) This insurance applies to such liability
assumed by the insured;
(3) The obligationto defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4) The allegationsin the "suit"and the
information we know about the
"occurrence“ are such that no conflict
appears to existbetween the interests
of the insured and the interestof the
indemnitee;
(5) The indemnitee and the insured ask

BUSINESS LIABILITY COVERAGE FORM
80 longas the above conditionsare met,
attorneys'fees incurred by us in the
defense of that indemnitee,necessary
litigationexpenses incurred by us and
necessary litigationexpenses incurred
by the indemnitee at our requestwillbe
paid as Supplementary Payments.

Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. —
Exclusions,such payments willnot be
deemed to be damages for "bodily
injury"and "propertydamage" and will
not reduce the Limitsof Insurance.

Our obligation to defend an insured's
indemnitee and to pay for attorneys'fees
and necessary litigationexpenses as
Supplementary Payments ends when:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements;or
(2) The conditionsset forthabove, or the
terms of the agreement described in
Paragraph (6)above, are no longermet.
us to conduct and control the defense
of that indemnitee against such "suit" . . . . .and agree that we can assign the 1. Applicable To Busmess LiabilityCoverage same counselto defendthe insured Thisinsurancedoes "0"apply10? andtheindemnitee;and a. Expected0r IntendedInjury
B. EXCLUSIONS
(6) The indemnitee:
(a) Agrees inwritingto:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii)Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the “suit";
(iii)Notifyany other insurerwhose
coverage is available to the
indemnitee; and
(iv)Cooperate with us with
respect to coordinating other
applicableinsurance available
to the indemnitee;and
(b) Provides us with written
authorizationto:
(i) Obtain records and other
information related to the
"suit";and
(ii)Conduct and control the
defense of the indemnitee in
such "suit".

Form 55 00 08 04 05
(1) "Bodily injury"or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury“or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertisinginjury"arising
out of an offense committed by, at the
directionof or with the consent or
acquiescence of the insured with the
expectation of inﬂicting"personal and
advertisinginjury".

Contractual Liability
(1) "Bodilyinjury"or "propertydamage"; or
(2) "Personal and advertisinginjury"
for which the insured is obligated to pay
damages by reason of the assumption of
liabilityina contractor agreement.

This exclusion does not apply to liability
fordamages because of:
(a) "Bodilyinjury, propertydamage" or
"personaland advertisinginjury"that
the insured would have in the
absence of the contract or
agreement; or

Page 3 of 24 ends

133 of 629

BUSINESS LIABILITY COVERAGE FORM
(b) ”Bodilyinjury"or "propertydamage"
assumed ina contractor agreement
that is an "insured contrac",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contractor agreement. Solely for
the purpose of liabilityassumed in
an "insured contract",reasonable
attorneys' fees and necessary
litigationexpenses incurredby or for
a party other than an insured are
deemed to be damages because of
”bodilyinjury"or "propertydamage"
provided:
(I) Liabilityto such partyfor,or for
the cost of,thatparty’sdefense
has also been assumed in the
same "insuredcontract",and
(ii)Such attorneys’ fees and
litigationexpenses are for
defense of thatpartyagainst a
civil or alternative dispute
resolutionproceeding inwhich
damages to which this
insurance applies are alleged.

Liquor Liability
"Bodily injury"or "property damage" for
which any insured may be held liableby
reason of:
(1) Causing or contributing to the
intoxicationof any person;
(2) The furnishingof alcoholicbeverages to
a person under the legaldrinkingage or
under the inﬂuence ofalcohol;or
(3) Any statute,ordinance or regulation
relating to the sale, gift,distributionor
use of alcoholicbeverages.

This exclusionappliesonly ifyou are inthe
business of manufacturing, distributing.
selling, serving or furnishing alcoholic
beverages.

Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disabilitybeneﬁts
or unemployment compensation law or
any similarlaw.

Employer’s Liability
"Bodilyinjury"to:
(1) An "employee" of the insured arising
out ofand inthe course of:
(3) Employment by the insured;or

Page 4 of 24 ends

(b) Performing duties related to the
conduct of the insured'sbusiness, or
(2) The spouse, child, parent, brother or
sister of that "employee” as a
consequence of (1)above.

This exciusion applies:
(1) Whether the insured may be liableas
an employer or in any other capacity;
and
(2) To any obligationto share damages
with or repay someone else who must
pay damages because ofthe injury.

This exclusion does not apply to liabiiity
assumed by the insured under an "insured
contract".

Pollution
(1) "Bodily injury, property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.

However, this subparagraph does
notapplyto:
(i) "Bodilyinjury"ifsustainedwithin
a building and caused by
smoke, fumes, vapor or soot
produced by or originatingfrom
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building'soccupants or their
guests;
(ii)"Bodily injury" or "property
damage” for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises,siteor
locationhas been added to your
policyas an additionalinsured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or locationand
such premises, siteor location
is not and never was owned or
occupied by, or rented or
loaned to. any insured, other
than thatadditionalinsured;or
Form SS 00 08 04 05
134 of 629
(b)
(C)
(d)
(iii)"Bodi|yinjury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostileﬁre";
At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
ofwaste;
Which are or were at any time
transported, handled, stored,
treated,disposed of,or processed
as waste by or for:
(i) Any insured; or
(ii)Any person or organizationfor
whom you may be legally
responsible;
At or from any premises, site or
locationon which any insured or
any contractors or subcontractors
working directly or indirectlyon
any insured's behalf are
performing operations if the
“pollutants"are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels,lubricantsor
otheroperatingfluidswhich are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or itsparts,
ifsuch fuels,lubricantsor other
operating ﬂuids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply ifthe
"bodily injury" or "property
damage" arises out of the
intentionaldischarge, dispersal
or release of the fuels,
lubricantsor other operating
ﬂuids, or if such fuels,
lubricants or other operating
ﬂuids are brought on or to the
premises, siteor locationwith
the intent that they be
discharged, dispersed or
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
released as part of the
operations being performed
by such insured,contractoror
subcontractor;
(ii)”Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materialsbrought
intothat buildingin connection
withoperationsbeing performed
by you or on your behalf by a
contractoror subcontractor;0r
(iii)"Bodilyinjury" or "property
damage" arising out of heat,
smoke or fumes from a
“hostileﬁre”;or
At or from any premises, site or
locationon which any insuredor any
contractors or subcontractors
working directlyor indirectlyon any
insured’s behalf are performing
operations ifthe operations are to
test for,monitor, clean up, remove,
contain,treat,detoxifyor neutralize,
or in any way respond to,or assess
the effectsof,"pollutants".
(2) Any loss, cost or expense arising out
of any:
(a)
(13)
Request, demand, orderor statutory
or regulatoryrequirement that any
insured or others test for, monitor,
clean up, remove, contain,treat,
detoxifyor neutralize,or inany way
respond to,or assess the effectsof,
"pollutants";or
Claim or suit by or on behalf of a
governmental authority for
damages because of testingfor,
monitoring,cleaning up, removing,
containing,treating,detoxifyingor
neutralizing, or in any way
responding to, or assessing the
effectsof,"pollutants".

However, this paragraph does not
apply to liabilityfor damages because
of "propertydamage" that the insured
would have in the absence of such
request,demand, order or statutoryor
regulatoryrequirement, or such claim
or "suit" by or on behalf of a
governmental authority.

Page 5 of 24 ends

135 of 629

BUSINESS LIABILITY COVERAGE FORM

9. Aircraft,Auto 0r Watercraft
"Bodilyinjury"or "propertydamage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft,"auto"
or watercraftowned or operated by or rented
or loaned to any insuredt Use includes
operationand "loadingor unloading".

This exclusion applies even ifthe claims
against any insured allege negligence or
other wrongdoing in the supervision,hiring,
employment, trainingor monitoringof others
by that insured, ifthe "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft,"auto" or watercraftthat is
owned or operated by or rentedor loaned to
anyinsuredt
This exclusion does not apply to:
(1) A watercraftwhile ashore on premises
you own or rent;
(2) A watercraftyou do not own thatis:
(a) Less than 51 feetlong;and
(b) Not being used to carry persons
fora charge;
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" isnot owned by or
rented or loaned to you or the insured;
(4) Liabilityassumed under any ”insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) "Bodily injury"or "property damage"
arisingout of the operation of any of
the equipment listedinParagraph f.(2)
or f.(3) of the deﬁnition of "mobile
equipment"; or
(6) An aircraftthat is not owned by any
insured and is hired,chartered or loaned
with a paid crew. However, this
exception does not apply ifthe insured
has any other insurance forsuch "bodily
injury"or "property damage", whether
the other insurance is primary,excess.
contingentoron any otherbasis.
h. Mobile Equipment
"Bodily injuw" or "property damage"
arisingout of:
(1) The transportationof"mobileequipment"
by an "auto"owned or operated by or
rented or loaned to any insured; or

Page 6 of 24 ends

j.
(2) The use of "mobile equipment" in,or
while in practiceor preparationfor,a
prearranged racing, speed or
demolition contest or in any stunting
activity.

War
"Bodily injury", "property damage" or
"personal and advertising injury",however
caused, arising,directlyor indirectly,outof:
(1) War, including undeclared or civilwar;
(2) Warlike action by a militaryforce,
including action in hindering or
defending against an actual or
expected attack,by any government,
sovereign or other authority using
militarypersonnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authorityin hinderingor
defending against any of these.

Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury"arising
out of the rendering of or failureto render
any professional sewicet This includes
but is not limitedto:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions. reports, surveys,
ﬁeld orders,change orders,designs or
drawings and speciﬁcations;
(3) Supervisory, inspection,architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic sen/ice
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
includingthe prescribing,preparation,
ﬁtting,demonstration or distributionof
ophthalmic lenses and similar
products or hearing aid devices;
Form SS 00 08 04 05
136 of 629
(8) Optometry or optometric services
includingbut not limitedto examination
of the eyes and the prescribing,
preparation, ﬁtting,demonstration or
distributionof ophthalmic lenses and
similarproducts;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing,includingbut not limited
to the insertionof pigments intoor
under the skin; and
(c) Similar sen/ices;
(10) Services in the practiceof pharmacy;
and
(11) Computer consulting, design or
programming services, includingweb
sitedesign.

Paragraphs (4)and (5)of thisexclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e.inSection A. ~ Coverages.

Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person.
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another‘s property;
(2) Premises you sell, give away or
abandon, ifthe "propertydamage" arises
outofany partofthose premises;
(3) Property loaned to you;
(4) Personal property inthe care, custody
or controlof the insured;
(5) That particularpart of real propertyon
which you or any contractors or
subcontractors working directly or
indirectlyon your behalfare performing
operations, if the "property damage"
arisesout ofthose operations;or
(6) That particularpart of any property
that must be restored, repaired or
replaced because "your work" was
incorrectlyperformed on it.

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by ﬁre) to
premises, includingthe contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D. - LimitsOf Insurance.

Paragraph (2) of this exclusion does not
apply ifthe premises are "your work" and
were never occupied, rented or held for
rentalby you.

Paragraphs (3)and (4)ofthisexclusiondo
not apply to the use of elevators.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liabilityassumed
under a sidetrackagreement
Paragraphs (3)and (4)of thisexclusiondo
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.

Paragraph (6) of this exclusion does not
apply to "propertydamage" includedinthe
"products—completed operationshazard".

Damage To Your Product
"Property damage" to "your product"
arisingout of itor any partof it.
. Damage To Your Work
"Property damage" to "your work" arising
out of itor any partof itand includedinthe
"products-completed operations hazard".

This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.

Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured,arisingout of:
(1) A defect, deﬁciency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2) A delay or failureby you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with itsterms.

This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injuryto
"your product" or "your work" afterithas
been put to itsintended use.

Page 7 of 24 ends

137 of 629

BUSINESS LIABILITY COVERAGE FORM

0. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall,inspection,
repair, replacement, adjustment, removal
or disposalof:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deﬁciency, inadequacy or dangerous
condition in it.

Personal And Advertising Injury
"Personal and advertisinginjury":
(1) Arisingout of oral,writtenor electronic
publicationof material,ifdone by or at
the direction of the insured with
knowledge of itsfalsity;
(2) Arisingout of oral,writtenor electronic
publication of material whose ﬁrst
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act committed
by or at the directionof the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea" in your
"advertisement";
(5) Arising out of the failureof goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arisingout of the wrong descriptionof
the priceof goods, products or services;
(7) Arising out of any violationof any
intellectualproperty rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.

However, this exclusion does not
apply to infringement, in your
"advertisement",of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, sewice
mark or other designationof origin
or authenticity;or

Page 8 of 24 ends

(c) Titleof any literaryor artisticwork;
(8) Arisingout of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishingor telecasting;
(b) Designing or determining content
of web sitesfor others;or
(c) An Internet search. access,
content or service provider.

However, this exclusion does not
apply to Paragraphs a.. b. and c.
under the deﬁnition of "personal and
advertising injury" in Section G. 7
Liability And Medical Expenses
Deﬁnitions.

For the purposes of this exclusion,
placing an "advertisement" for or
linkingto others on your web site,by
itself,is not considered the business
of advertising, broadcasting,
publishingortelecasting;
(9) Arising out of an electronicchat room
or bulletinboard the insured hosts,
owns, or over which the insured
exercises control;
(10) Arisingout of the unauthorized use of
another'sname or productinyour e—mail
address. domain name or metatags, or
any other similar tacticsto mislead
another's potentialcustomers;
(11)Arising out of the violation of a
person's right of privacy created by
any stateor federalact.

However, this exclusion does not
apply to liabilityfor damages that the
insured would have in the absence of
such stateor federalact;
(12) Arisingout of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web siteof others
displayed withina frame or border
on your web site.Content includes
information. code, sounds. text,
graphicsor images; or
(C!)Computer code. software or
programming used to enable:
(i) Your web site;or
(ii)The presentationor functionality
of an "advertisement" or other
content on your web site;
Form SS 00 08 04 05
138 of 629
(13) Arising out of a violationof any anti-
trustlaw;
(14) Arisingout of the fluctuationinpriceor
value of any stocks, bonds or other
securities;or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured
Electronic Data
Damages arisingout of the loss of,loss of
use of,damage to, corruptionof, inability
to access, or inabilityto manipulate
"electronicdata".

Employment-Related Practices
"Bodilyinjury"or "personal and advertising
injury"to:
(1) A person arisingout of any:
(a) Refusal to employ thatperson;
(b) Termination of that person's
employment; or
(c) Empioyment—related practices,
policies,acts or omissions,such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person;or
(2) The spouse, child,parent, brother or
sister of that person as a
consequence of "bodily injury" or
”personaland advertisinginjury"to the
person at whom any of the
employment—reiated practices
described inParagraphs (a),(b),or (c)
above isdirected.

This exclusion applies:
(1) Whether the insured may be liableas
an employer or in any other capacity;
and
(2) To any obligationto share damages
with or repay someone else who must
pay damages because of the injury.

Asbestos
(1) "Bodily injury, property damage" or
"personal and advertising injury"
arisingout of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss,costsor expenses that:

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(a) May be awarded or incurred by
reason of any claim or suit
allegingactualor threatened injury
or damage ofany nature or kind to
persons or property which would
not have occurred in whole or in
part but forthe "asbestos hazard";
(b) Arise out of any request,demand,
order or statutory or regulatory
requirement that any insured or
others test for,monitor, clean up,
remove, encapsulate, contain,
treat,detoxify or neutralize or in
any way respond to or assess the
effectsof an "asbestos hazard";or
(c) Arise out of any claim or suitfor
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating,containing,treating,
detoxifyingor neutralizingor in any
way responding to or assessing the
effectsofan "asbestoshazar
t. Violation of Statutes That Govern E-
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury","property damage", or
"personal and advertising injury"arising
directlyor indirectlyout of any action or
omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), includingany amendment
of or additionto such law;
(2) The CAN-SPAM Act of2003, including
any amendment of or addition to such
law; or
(3) Any statute,ordinance or regulation,
otherthan the TCPA or CAN-SPAM Act
of 2003, that prohibits or limitsthe
sending,transmitting,communicating or
distributionof materialor information.

Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through 0. do
not apply to damage by ﬁre, lightningor
explosion to premises rented to you or
temporarilyoccupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - LiabilityAnd Medical Expenses
LimitsOf Insurance.

Page 9 of 24 ends

139 of 629

BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage
We willnot pay expenses for"bodilyinjury":
a. Any Insured
To any insured,except "volunteerworkers".

Hired Person
To a person hiredto do work foror on behalf
ofany insuredor a tenantofany insured.

InjuryOn Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.

Workers‘ Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, ifbeneﬁts for
the "bodily injury"are payable or must be
provided under a workers' compensation
or disabilitybeneﬁts law or a similarlaw.

Athletics Activities
To a person injured while practicing,
instructingor participatingin any physical
exercises or games, sports or athletic
contests.

Products-Completed Operations Hazard
Included with the "products—completed
operations hazard".

Business LiabilityExclusions
Excluded under Business LiabilityCoverage.

C. WHO IS AN INSURED

1. Ifyou are designated inthe Declarationsas:
a. An individual,you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.

A partnershipor jointventure,you are an
insured. Your members, your partners,and
theirspouses are also insureds,but onlywith
respecttothe conduct ofyour business.

A limited liabilitycompany, you are an
insured. Your members are also insureds,
but only with respectto the conduct of your
business. Your managers are insureds, but
only with respect to theirduties as your
managers.

An organizationother than a partnership,
jointventure or limitedliabilitycompany, you
are an insured. Your "executiveofﬁcers"and
directorsare insureds,but only with respect
to theirduties as your ofﬁcers or directors.

Your stockholdersare also insureds,but only
withrespecttotheirliabilityas stockholders

Page 10 of 24 ends

e. A trust,you are an insured Your trustees
are also insureds,but only with respect to
theirdutiesas trustees.

2. Each ofthe followingisalso an insured:
a. Employees And Volunteer Workers
Your "volunteer workers“ only while
performing duties relatedto the conduct of
your business, or your "employees", other
than eitheryour "executiveofficers"(ifyou
are an organization other than a
partnership,jointventure or limitedliability
company) or your managers (ifyou are a
limitedliabilitycompany), but only for acts
within the scope of theiremployment by
you or while performing duties related to
the conduct of your business.

However, none of these "employees" or
"volunteerworkers" are insureds for:
(1) "Bodily injury" or "personal and
advertisinginjury":
(a) To you, to your partners or
members (ifyou are a partnership
or jointventure), to your members
(if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers“ while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that 00-
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a)above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a)or
(b) above; or
(d) Arising out of his or her providing
or failingto provide professional
healthcare services.

If you are not in the business of
providing professional health care
services,Paragraph (d)does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to providesuch services.
(2) "Propertydamage" to property:
(a) Owned, occupied or used by,
Form SS 00 08 04 05
140 of 629
(b) Rented to, in the care, custody or
controlof, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteerworkers",
any partner or member (ifyou are
a partnership or jointventure),or
any member (ifyou are a limited
liabilitycompany).
b. Real Estate Manager
Any person (otherthan your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organizationhaving proper
temporary custody of your property ifyou
die,but only:
(1) With respectto liabilityarisingout ofthe
maintenance or use ofthatproperty;and
(2) Until your legal representative has
been appointed.
d. Legal Representative IfYou Die
Your legal representative ifyou die, but
only with respect to duties as such. That
representativewillhave allyour rightsand
dutiesunder thisinsurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof,of
yours which isa legallyincorporatedentity
of which you own a financial interest of
more than 50% of the voting stock on the
effectivedate of thisCoverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injuryor damage with respect to which an
insured under this insurance is also an
insured under another policyor would be
an insured under such policy but for its
terminationor upon the exhaustion of its
limitsof insurance.

3. Newly Acquired 0r Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limitedliabilitycompany, and over which you
maintain ﬁnancial interestof more than 50% of
the voting stock, will qualify as a Named
Insured ifthere is no other similar insurance
availableto thatorganization. However:
a. Coverage under thisprovision is afforded
only untilthe 180th day afteryou acquire
or form the organizationor the end of the
policyperiod,whichever isearlier;and
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
applyto:
(1) "Bodily injury"or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arisingout of an offense committed
before you acquired or formed the
organization.

4. Operator 0f Mobile Equipment
With respectto "mobileequipment" registeredin
your name under any motor vehicleregistration
law, any person is an insured while drivingsuch
equipment along a public highway with your
permission. Any other person or organization
responsiblefor the conduct of such person is
also an insured,but only with respectto liability
arisingout ofthe operationofthe equipment and
only ifno other insurance of any kind isavailable
to that person or organization for this liability.

However, no person or organizationisan insured
with respect to:
a. "Bodily injury“to a co-"employee" of the
person drivingthe equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under thisprovision;
Operator of Nonowned Watercraft
With respect to watercraftyou do not own that
isless than 51 feetlong and isnot being used
to carw persons fora charge,any person isan
insured while operating such watercraftwith
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured,but only with
respect to liabilityarisingout of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organizationforthisliability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury"to a co-"employee" of the
person operatingthe watercraft;or
b. "Property damage" to propertyowned by,
rented to,in the charge of or occupied by
you or the employer of any person who is
an insured under thisprovision.

Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s)identifiedin
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written

Page 11 of 24 ends

141 of 629

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision,that such person or organization
be added as an additional insured on your
policy,provided the injuryor damage occurs
subsequent to the execution of the contract or
agreement, or the issuance ofthe permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organizationisan
additionalinsured under this provisionifsuch
person or organization is included as an
additionalinsured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additionalinsured coverage grants in Section
F. — Optional AdditionalInsured Coverages.
a. Vendors
Any person(s)or organization(s)(referredto
below as vendor), but only with respect to
"bodilyinjury"or "propertydamage" arising
out of "your products”which are distributed
or sold in the regular course of the vendofs
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"product5£ompleted operationshazar "t
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
“abilityin a contract or agreement.

This exclusion does not apply to
liabilityfor damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solelyforthe purpose of
inspection, demonstration, testing,
or the substitutionof parts under
instructionsfrom the manufacturer,
and then repackaged in the
originalcontainer;

Page 12 of 24 ends

(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distributionor sale of the
products;
(f) Demonstration, installation,
servicing or repair operations.
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(9) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container,partor ingredientof any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on itsbehalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs(d)or(f);or
(ii)Such inspections,adjustments,
testsor servicingas the vendor
has agreed to make or normally
undertakes to make inthe usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not appiy to any
insured person or organization from
whom you have acquiredsuch products,
or any ingredient, part or container.
entering into, accompanying or
containingsuch products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to theirliabilityfor"bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

Form SS 00 08 04 05
142 of 629
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease thatequipment.
c. Lessors Of Land 0r Premises
(1)
(2)
Any person or organization from
whom you lease land or premises, but
only with respect to liabilityarisingout
of the ownership, maintenance or use
of that part of the land or premises
leased to you‘
With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence“ which takes
place afteryou cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers 0r Surveyors
(1)
(2)
Any architect,engineer, or surveyor, but
only with respect to liabilityfor "bodily
injury","propertydamage" or "personal
and advertisinginjury"caused, inwhole
or in part,by your acts or omissions or
the acts or omissions ofthose actingon
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf‘
With respect to the insurance afforded
to these additional insureds, the
followingadditionalexclusionapplies:

This insurance does not apply to
"bodily injury","property damage" or
"personal and advertising injury"
arisingout of the rendering of or the
failure to render any professional
servicesby or foryou, including:
(a) The preparing. approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, sun/eys, field orders,
change orders, designs or
drawings and speciﬁcations;or
(b) Supervisory, inspection,
architectural or engineering
activities.

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1)
(2)
Any state or politicalsubdivision,but
only with respect to operations
performed by you or on your behalffor
which the stateor politicalsubdivision
has issued a permit
With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury","propertydamage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality;or
(b) "Bodilyinjury"or "propertydamage"
included within the "products-
completed operationshazard".
f. Any Other Party
(1)
(2)
Any other person or organizationwho
is not an insured under Paragraphs a.
through e. above, but only with
respect to liabilityfor "bodily injury",
"property damage" or "personal and
advertisinginjury"caused, inwhole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) Inconnection with "yourwork" and
included within the "products-
completed operations hazard",but
only if
(i) The writtencontractor written
agreement requires you to
provide such coverage to
such additional insured; and
(ii)This Coverage Part provides
coverage for "bodily injury"or
"property damage" included
within the "products-
completed operationshazard".

With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
u u"Bodily injury, property damage" or
"personal and advertising injury“
arisingout of the rendering of,or the
failure to render, any professional
architectural,engineering or surveying
services, including:

Page 13 of 24 ends

143 of 629

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and speciﬁcations;or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limitsof insurance that apply to additional
insureds are described in Section D. , Limits
Of Insurance.

How this insurance applies when other
insurance isavailableto an additionalinsured
is described in the Other Insurance Condition
in Section E. — LiabilityAnd Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below ﬁx the most
we willpay regardlessof the number of:
a. lnsureds;
b. Claims made or "suits"brought;or

0. Persons or organizationsmaking claims or
bringing"suits".

Aggregate Limits
The most we willpay for:
a. Damages because of "bodily injury"and
"property damage" included in the
"products-completed operations hazar " is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury","property damage" or "personal
and advertisinginjury",including medical
expenses, is the General Aggregate Limit
shown inthe Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involvingthe
same or connecting lots, or premises
whose connection is interruptedonly by a
street, roadway or right—of—way of a
railroad.

Page 14 of 24 ends

This General Aggregate limitdoes not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire,lightningor
explosion.

Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies,the most we willpay forthe sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liabilityand Medical Expenses Limitshown in
the Declarations.

The most we willpay forallmedical expenses
because of "bodily injury"sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

Personal And Advertising Injury Limit
Subject to 2.b. above, the most we willpay for
the sum of all damages because of all
"personal and advertisinginjury"sustained by
any one person or organizationisthe Personal
and Advertising Injury Limit shown in the
Declarations.

Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we willpay under Business
LiabilityCoverage for damages because of
"propertydamage" to any one premises, while
rented to you, or in the case of damage by fire,
lightningor explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by ﬁre, lightningor
explosion,the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage resultsfrom fire,lightningor explosion
or any combination of these.

How Limits Apply To Additional Insureds
The most we willpay on behalf of a person or
organization who is an additional insured
under thisCoverage Part isthe lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision;or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
additionto the Limits of Insurance shown in
the Declarationsand described inthisSection.

Form SS 00 08 D4 05
144 of 629
if more than one limitof insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit",the most we willpay
under this policy and the endorsements is the
single highest limit of liabilityof all coverages
applicable to such claim or "suit'K However, this
paragraph does not apply to the Medical Expenses
limitset forthin Paragraph 3. above.

The Limitsof Insurance of thisCoverage Part apply
separatelyto each consecutiveannual periodand to
any remaining periodof lessthan 12 months, starting
with the beginning of the policyperiod shown in the
Declarations,unless the policy period is extended
afterissuance foran additionalperiod of less than 12
months. In that Case, the additionalperiod willbe
deemed partofthe lastprecedingperiodforpurposes
ofdeterminingthe Limitsof Insurance
. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured'sestate willnot relieveus of our
obligationsunder thisCoverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim 0r Suit
a. Notice Of Occurrence 0r Offense
You or any additionalinsured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may resultin a claim. To
the extentpossible,noticeshould include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injuredpersons and witnesses; and
(3) The nature and locationof any injury
or damage arising out of the
"occurrence"or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured,you or any additional
insured must:
(1) immediately record the specificsof the
claim or "suit"and the date received;
and
(2) Notifyus as soon as practicable.

You or any additionalinsured must see to
itthat we receive a written notice of the
claim or "suit"as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involvedinsured must:

Form SS 00 08 O4 [)5

BUSINESS LIABILITY COVERAGE FORM
(1) immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us inthe investigation,
settlement of the claim or defense
againstthe "suit";and
(4) Assist us, upon our request, in the
enforcement of any rightagainst any
person or organization that may be
liableto the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The lnsured's Own Cost
No insured will,except at thatinsured‘sown
cost, voluntarilymake a payment, assume
any obligation,or incurany expense. other
than forﬁrstaid,withoutour consent.

Additional lnsured's Other insurance
If we cover a claim or "suit"under this
Coverage Part that may also be covered
by other insurance available to an
additionalinsured,such additionalinsured
must submit such claim or "suit"to the
other insurerfordefense and indemnity.

However, thisprovisiondoes not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non—contributory with the additional
insured's own insurance.

Knowledge Of An Occurrence, Offense,
Claim 0r Suit
Paragraphs 3. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
knownto:
(1) You or any additionalinsured that is
an individual;
(2) Any partner, if you or an additional
insured isa partnership;
(3) Any manager, ifyou or an additional
insured isa limitedliabilitycompany;
(4) Any "executive officer“or insurance
manager, if you or an additional
insured isa corporation;
(5) Any trustee, if you or an additional
insured isa trust;or
(6) Any electedor appointed ofﬁcial,ifyou
or an additionalinsured is a political
subdivisionor publicentity.

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145 of 629

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additionalinsured.

Financial Responsibility Laws
a. When this policy is certifiedas proof of
ﬁnancial responsibilityfor the future under
the provisions of any motor vehicle
ﬁnancial responsibilitylaw, the insurance
provided by the policy for "bodily injury"
liabilityand "propertydamage" liabilitywill
comply with the provisions of the law to
the extent of the coverage and limitsof
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability,uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We willprovide the required limitsfor
those coverages.

Legal Action Against Us
No person or organization has a rightunder
thisCoverage Form:
a. To joinus as a party or othen/visebring us
into a "suit"asking for damages from an
insured; or
b. To sue us on thisCoverage Form unless
all of its terms have been fullycomplied
with.

A person or organizationmay sue us to recover
on an agreed settlementor on a ﬁnal judgment
against an insured; but we willnot be liablefor
damages thatare not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liabilitysigned by us, the insured and the
claimantor the claimant'slegalrepresentative.

Separation Of lnsureds
Except with respect to the Limitsof Insurance,
and any rightsor duties specificallyassigned
in this policyto the ﬁrst Named insured,this
insurance applies:
a. As ifeach Named Insured were the only
Named Insured;and
b. Separately to each insured against whom
a claim ismade or "suit"isbrought.

Representations
a. When You Accept This Policy
By accepting thispolicy,you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representationsyou made to us; and

Page 16 of 24 ends

(3) We have issued thispolicyin reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
Ifunintentionallyyou should failto disclose
allhazards relatingto the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligationsare limitedas
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. Ifother insurance is also
primary, we willshare with allthat other
insurance by the method described in c.
below.
b. Excess insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingentor on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, InstallationRisk or
similarcoverage for"your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission ofthe owner;
(3) Tenant Liability
That isinsurance purchased by you to
cover your liabilityas a tenant for
"propertydamage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft,Auto Or Watercraft
Ifthe lossarisesout ofthe maintenance
or use of aircraft,"autos"0r watercraftto
the extent not subject to Exclusion g. of
SectionA. — Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subjectto Exclusion k. of Section A. —
Coverages.

Form SS 00 08 04 05
146 of 629
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liabilityfor damages
arising out of the premises or
operations,or products and completed
operations, for which you have been
added as an additionalinsured by that
insurance;or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additionalinsured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additionalinsured under thisCoverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
thisinsurance be primary. Ifother
insurance is also primary, we will
share with allthat other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
if you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non—contributorywith
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a)and (b) do not apply to
other insurance to which the additional
insured has been added as an
additionalinsured.

When this insurance is excess, we will
have no duty under thisCoverage Part to
defend the insured against any "suit"ifany
other insurer has a duty to defend the
insured against that "suit". if no other
insurer defends, we willundertake to do
so, but we willbe entitledto the insured's
rightsagainst allthose other insurers.

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we willpay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The totalamount that allsuch other
insurance would pay forthe loss inthe
absence of thisinsurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.

We willshare the remaining loss,ifany, with
any other insurance thatisnot described in
thisExcess insurance provisionand was not
bought speciﬁcallyto apply in excess of the
Limits of Insurance shown in the
DeclarationsofthisCoverage Part.

Method Of Sharing
If all the other insurance permits
contributionby equal shares, we willfollow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first
Ifany of the otherinsurancedoes not permit
contribution by equal shares, we will
contributeby limits Under thismethod, each
insurer’sshare is based on the ratioof its
applicable limitof insurance to the total
applicablelimitsof insuranceofallinsurers.

8. Transfer 0f Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
Ifthe insured has rightsto recover allor
part of any payment, including
Supplementary Payments, we have made
under thisCoverage Part,those rightsare
transferredto us. The insured must do
nothing afterloss to impair them. At our
request, the insured will bring "suit"or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage
Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
Ifthe insured has waived any rightsof
recovery against any person or
organization for allor part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right,provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
priorto the injuryor damage.

Page 17 of 24 ends

147 of 629

BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED

COVERAGES
Iflistedor shown as applicableinthe Declarations,
one or more of the followingOptional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (AdditionalInsureds When Required
by Written Contract,Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations These coverages are subject to the
terms and conditions applicable to Business
LiabilityCoverage in this policy, except as
provided below:

1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations,but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury"caused, in
whole or in part,by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. in the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.

2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additionalinsured
the person(s)or organization(s)shown inthe
Declarations as an Additional Insured -
Designated Person Or Organization;but only
with respect to liabilityarisingout of the
ownership, maintenance or use of thatpartof
the premises leased to you and shown inthe
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additionalexclusions apply:

This insurance does not apply to:
(1) Any "occurrence" which takes place
afteryou cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
pen‘ormed by or on behalf of such
person or organization

Page 18 of 24 ends

National City City CouncilFebruary 1, 2022

National City City Council
February 1, 2022