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, MAY 3, 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 373
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
1. 53rd Annual Professional Municipal Clerks Week - May 1 - May 7, 2022.
AWARDS AND RECOGNITIONS
PRESENTATIONS (FIVE-MINUTE TIME LIMIT)
INTERVIEWS / APPOINTMENTS
2. Appointments: City Boards, Commissions and Committees – City Council Appointments. (City Clerk)
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)
CONSENT CALENDAR
3. Motion of the City Council of the City of Nation al 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. Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to May 17, 2022, as required by AB 361. (City Clerk)
5. Resolution of the Cit y Council of the City of National City, California, authorizing the City Clerk's Office to apply for certification from the U.S.
Department of State, establishing a passport acceptance facility in the City Clerk's Office located in City Hall. (City Clerk)
6. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an agreement with Luth and Turley, Inc. in the not-to-exceed amount of $150,000. (City Attorney)
7. Resolution of the City Council of the City of National City, California, authorizing the issuance of a Request for Qualifications (“RFQ”) for legal 6 of 373
services for the Public Works and Engineering Department of National City. (City Attorney)
8. Resolution of the City Council of the City of National City to authorize the City Manager to enter into a three year Agreement with Thomson Reuters CLEAR®. The total cost for the three years is not to exceed $26,400.00 or $8,800.00 per year. (Police)
9. Resolution of the City Council of the City of National City, California, (1) approving an Affordable Housing Density Bonus Agreement with Torreyana Associates, LLC, a California Limited Partnership, restri cting the rent and occupancy of one (1) unit to a lower income household in exchange for three concessions pursuant to California Government Code Sections 65915 – 65918 for the development of 12 housing units located at 316 East 31st Street in National Cit y; and (2) approving a Subordination and Intercreditor Agreement subordinating said Affordable Housing Density Bonus Agreement. (Housing Authority)
10. Resolution of the City Council of National City, California, creating one (1) new job classification and amending the Management Salary Schedule. (Human Resources)
11. Resolution of the City Council of the City of National City, 1) awarding a contract to Tri Group Construction and Development, Inc. in the not-to-exceed amount of $638,963 for the Paradise Creek Educational Park Extension Project, CIP No. 19 -33; 2) authorizing a 15% contingency in the amount of $95,844.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works)
12. Resolution of the City Council of the City of National City, California, authorizing the installation of stop control and yield control signs for the intersections of E. 31st Street, between “B” Avenue and “C” Avenue in order to enhance safety at the inter sections (TSC No. 2022 -02). (Engineering/Public Works)
13. Quarterly Report - Boards, Commissions, and Committee Attendance and Training. (City Clerk)
14. City Council 2022 Legislative Recess. (City Clerk)
15. Warrant Register #38 for the period of 3/18/22 through 3/24/22 in the amount of $1,758,342.81. (Finance)
16. Warrant Register #39 for the period of 3/25/22 through 3/31/22 in the amount of $238,388.08. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
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17. Public Hearing and Adoption of a Resolution of the City Council of the City of National City adopting the U.S Department of Housing and Urban Development (HU D) 2022 -2023 Annual Action Plan and the allocation of 2022-2023 HUD entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2022 -2023 Annual Action Plan. (Housing Authority)
18. Public Hearing and Adoption of an Ordinance of the City of National City, California, Amending Chapter 2.64 of Title 2 of the National City Municipal Code relating to the Community Development Commission -Housing Authority of the City of National City. (Housing Authority)
19. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, Repealing Ordinance No. 2017 -2432 and Ordinance No. 2020-2483; and Removing Chapter 16.09 in its Entirety from the National City Municipal Code Dissolving the Veterans and Military Families Advisory Committee. (City Clerk)
NON CONSENT RESOLUTIONS
20. Resolution of the City Counci l of the City of National City, California to eliminate library overdue material fines to ensure equitable access to Library Services. (Library and Community Services)
NEW BUSINESS
21. Notice of Decision – Planning Commission app roval of a Conditional Use Permit for beer and wine sales at a new restaurant (BB.Q Chicken) located at 2527 East Plaza Blvd. (Applicant: Shimon G&M, Inc.) (Case File 2022 -07 CUP) (Planning)
22. Notice of Decision – Planning Commission approval of a Conditional Use Permit for the modification of an existing wireless communications facility located at 2435 Sweetwater Road. (Applicant: DISH Wireless) (Case File 2022-10 CUP) (Planning)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
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STAFF REPORTS
23. Community Service Day & Upcoming Event Dates. (Library and Community Services)
24. City Manager Report. (City Manager)
MAYOR AND CITY COUNCIL
CLOSED SESSION
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - May 17, 2022 - 6:00 p.m. - Council Chambers - National City, California. 9 of 373
The following page(s) contain the backup material for Agenda Item: 53rd Annual Professional Municipal Clerks Week - May 1 - May 7, 2022.
Please scroll down to view the backup material.
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Item # ___
05/03/22
53rd Annual Professional Municipal Clerks Week
May 1 - May 7, 2022
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The following page(s) contain the backup material for Agenda Item: Appointments: City Boards, Commissions and Committees – City Council Appointments. (City Clerk) Please scroll down to view the backup material.
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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
________________
May 3, 2022
Appointments: City Boards, Commissions and Committees – City Council 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 most recent Vacancy N otices were posted on Wednesday, April 6 , 2022, and all applications were due to the City Clerk’s Office by the deadline of Wednesday, April 20, 2022, at 5:00 p.m.
The following BCC currently have a vacancy caused by end of term and/or resignations:
Civil Service Commission
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
TThThis report does not reflect financial changes to the budget at this time.
City Council to Conduct Interviews and Appointment.
n/a
(619) 336-4225
BOARD / COMMISSION RECOMMENDATION:
RECOMMENDATION:
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ATTACHMENT A
The City Clerk’s Office began advertising and accepting applications for Vacancies on multiple Boards/Commissions/Committees. The vacancy on the Civil Service Commission has been advertised multiple times between November 2021 and April 2022. One (1) application is on file and presented for consideration.
Background
In order to obtain qualified candidates, a Notice of Vacancies was advertised on the following: The City website, posted on the City Hall Bulletin Boards, the Star News and City Social Media sites to advertise openings and the application acceptance period. The Vacancy presented is due to the resignation of Dr.
Quintero with a term ending September 30, 2022,
Vacancies are listed below:
BCC Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency
Requirement
Applications Received
Civil Service
Commission
(1) One - Sept. 30, 2022 City Council Yes (1) Javier Alvarado 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 Javier Alvarado is currently a member of the Traffic Safety Committee and was reappointed on September 21, 2021 to present, with a term that expires September 30, 2024. Attendance of meetings is shown below for reference.
Traffic Safety Committee
Attendance 2021–Twelve (12) 2022 – Four (4)
Attended 4 0
Absent 4 1
Cancelled 4 3
Appointment:
Per City Council Policy #107 (D)(8):
The applicant(s) are invited to the interview process which occurs during the City Council Meeting. The City Clerk provides and overview of the Commission. The Mayor will introduce the applicant(s) and two (2) questions will be asked of each applicant. The applicant(s) will be given two (2) minutes to make a brief introduction, followed by the City Council questions. Total time per applicant is five (5) minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant. The City Clerk will provide guidance on the vote. The City Council may choose not to fill the vacancy and direct the City Clerk to advertise the vacancy again. If appointed the member will be notified within the next week by the City Clerk’s Office regarding the onboarding process. The applications for those applicants who were not successful in appointment will remain on file in the City Clerk’s Office for one-year from the date of submittal to be considered for future appointments due to vacancies.
Per City Council Policy #107 (D)(14)(3): Attendance
A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance. 1 14 of 373
Per City Council Policy #107 (D)(14)(3): Mandatory Training and Filing Requirements:
Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees.
This training is required to be completed within 30 days of appointment or notification.
1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507)
2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)
3. AB1234 Ethics Training (California Government Code Section 53235.1(b))
4. Anti-Sexual Harassment Training
5. Brown Act Training
6. Social Media Training
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.
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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
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:
May
or’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
Cit
y Council Appointments:
1. Civil Service Commission
2. Planning Commission
3. Housing Advisory Committee including Ex-Officio Members
4. Port Commission
POLIC
Y
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. Unexpi
red 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. Vacanc
ies. 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.
Unsc
heduled vacancy. An unscheduled vacancy shall be filled according to Attachment C
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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 Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment.
The end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.
Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appointment could occur at the time of the unscheduled vacancy in accordance with the procedure set out above.
3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are:
1. Civil Service Commission
2. Planning Commission
3. Housing Advisory Committee including Ex-Officio Members
4. Planning Commission
The City Council fills vacancies on these bodies.
D.
Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following:
1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and 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 5 18 of 373
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 6 19 of 373
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.
7 20 of 373
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during the live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed.
In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee.
10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four -fifths vote of the City Council. I f 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.
8 21 of 373
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.
9 22 of 373
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 10 23 of 373
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.
1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507)
2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)
3. AB1234 Ethics Training (California Government Code Section 53235.1(b))
4. Sexual Harassment Training
5. Brown Act Training
6. Social Media Training
7. Any training required by State Law, Federal Law, or City Policies.
All training is offered in a variety of formats including in person, via Zoom, training website/software , and pre -recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff.
Removal:
Failure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal.
Related Policy References
Government Code 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)
11 24 of 373
ATTACHMENT D
BOARDS/COMMISSION/COMMITTEES
BOARDS, COMMISSION AND
COMMITTEES (10)
TOTAL MEMBERS
(51+)
BOARD OF
LIBRARY TRUSTEE
(5 Members)
CIVIL SERVICE
COMMISSION
(5 Members)
COMMUNITY
AND POLICE
RELATIONS
COMMISSION
(8 Members)
PARK,
RECREATION
AND SENIOR
CITIZENS'
ADVISORY
COMMITTEE
(7 Members)
PLANNING
COMMISSION
and HOUSING
ADVISORY
COMMITTEE
(7 Members)
2 Ex Officio
PORT
COMMISSION
(1 Member)
PUBLIC ART
COMMITTEE
(5 Members)
SWEETWATER
AUTHORITY
(1 Member)
TRAFFIC
SAFETY
COMMITTEE
(5 Members)
TERM 3 Years 5 Years 3 Years 3 Years 4 Years 3 Years 3 Years 1 Year 3 Years
RESIDENCY REQUIREMENT
Yes
Yes
5 Resident
up to 2 Non-
Resident
(1) Non-Voting
Member
Yes
Yes
Yes
No
n/a
Yes
VOTER REQUIREMENT No No No No No No No No No
MAYORAL APPOINTMENT SUBJECT TO
CONFIRMATION BY THE CITY COUNCIL
X
X
X
Compensation set
by Council
Resolution
X
X
X
CITY COUNCIL AS A BODY APPOINTMENT X X X
COMPENSATION No No No No No No No No No
FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No
MEETINGS
1 X per month
1X every other
month
1X every 3
months
1X every 2
months
2X per month
n/a
1X per
quarter
n/a
1X per month
REQUIRED TO REPORT TO COUNCIL
ANNUALLY
Yes, on or before
August 31st and to
the State Librarian
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
OTHER
Can not be
salaried
employee or
holds office of
the City
CITY COUNCIL POLICY #107 and NCMC TITLE 16
**Effective February 2, 2020 all Chair and Vice-Chairs are required to be NC Residents 12 25 of 373
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 # ___
05/03/22
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)
27 of 373
The following page(s) contain the backup material for Agenda Item: Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to May 17, 2022, as required by AB 361. (City Clerk)
Please scroll down to view the backup material.
28 of 373
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
________________
May 3, 2022
Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to May 17, 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.
S
ee 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
29 of 373
RES
OLUTION NO. 2022-
RES
OLUTION 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 MAY 17, 2022 FOR A PERIOD OF 30 DAYS
WHERE
AS, 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.
WHERE
AS, on October 5, 2021, City Council adopted Resolution No. 2021-147 was adopted declaring findings to continue to teleconference for an additional 30 days.
WHERE
AS, on November 2, 2021, City Council adopted Resolution No. 2021-164 was adopted declaring findings to continue to teleconference for an additional 30 days.
WHERE
AS, on December 7, 2021, City Council adopted Resolution No. 2021-183 was adopted declaring findings to continue to teleconference for an additional 30 days.
WHERE
AS, on January 4, 2022, City Council adopted Resolution No. 2022-01 was adopted declaring findings to continue to teleconference for an additional 30 days.
WHERE
AS, on February 1, 2022, City Council adopted Resolution No. 2022- 11 was adopted declaring findings to continue to teleconference for an additional 30 days.
WHERE
AS, on March 1, 2022, City Council adopted Resolution No. 2022-31 was adopted declaring findings to continue to teleconference for an additional 30 days.
WHEREAS, on April 5, 2022, City Council adopted Resolution No. 2022-47 was 1 30 of 373
adopted
declaring findings to continue to teleconference for an additional 30 days.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CA
LIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1 : M akes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appointed Boards, Commissions, and Committees:
Sec
tion 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 3rd day of May 2022, by the following vote:
_________
_________________
Alejandra Sotelo-Solis, Mayor
ATT
EST:
_________
________________
Luz Molina, City Clerk
APPROVED AS TO FORM:
_________
_________________
Charles E. Bell Jr., City Attorney
2 31 of 373
The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing the City Clerk's Office to apply for certification from the U.S. Department of State, establishing a passport acceptance facility in the City Clerk's Office located in City Hall. (City Clerk) Please scroll down to view the backup material.
32 of 373
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
A-200 (5/07)
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:
BOARD / COMMISSION RECOMMENDATION:
RECOMMENDATION:
ATTACHMENTS:
_Shelley Chapel
__________________
________________
May 3, 2022
Resolution of the City Council of the City of National City, California, Authorizing the City Clerk’s Office to Apply for Certification from the U.S. Department of State, Establishing a Passport Acceptance Facility in the City Clerk’s Office located in City Hall. (City Clerk’s Office) City Clerk’s Office
According to the U.S. Department of State, in 2019, over 20,690,491 Passport Books and Cards were issued, and prior to the pandemic there was a steady rise in applications of over 2 million per year. Due to the pandemic there was a decrease by 8 million in 2020, but that is not considered to remain at that number once world-wide travel is an option again. California is the #1 state for passport issuance at 2,693,339 in 2019, with the next closest state being Texas at 1,503,296, it’s important that the City of National City offer this service as there is a great demand.
Facilities within the County of San Diego are limited, a Passport Acceptance Facility would be a service provided by the City Clerk’s Office the Deputy City Clerk and additional staff to obtain Passport Agent Training and provide the service. Contact with the U.S. Department of State affirmed there is a need for additional Passport Acceptance Facilities in the area of National City, with the closest facility being 4 miles away.
Approval of the establishment of a Passport Services Acceptance Facility in the City Clerk’s Office, located at City Hall, and upon item approval, the proposed Fiscal Year 2022-2023 Budget appropriations will increase by $41,560 for supplies, equipment, calendaring software, and staff.
Shelley Chapel, Deputy City Clerk
Explanation
Resolution
This action is not subject to review under the California Environmental Quality Act (CEQA) FINAL ADOPTION:
APPROVED: ________________ MIS
Upon item approval, the proposed FY23 General Fund budget appropriations will increase by $41,560 and revenue will increase by $61,000, for a net impact of $19,440 in new revenue.
Staff recommends that City Council 1) adopt a Resolution Authorizing the City Clerk’s Office to Apply for Certification from the U.S. Department of State, Establishing a Passport Acceptance Facility in the City Clerk’s Office located in City Hall, and 2) Authorizing the appropriation of funds to purchase equipment, supplies, and fund additional staff to be trained as Passport Agent in the City Clerk’s Office.
.
619-336-4225
33 of 373
Explanation:
Approval of the establishment of a Passport Services Acceptance Facility in the City Clerk’s Office, located at City Hall, and amend the Fiscal Year 2022-2023 Budget by appropriating $41,560 for supplies, equipment, calendaring software, and staff.
The City Clerk’s Office has determined that it would be beneficial to the residents of the City of National City to provide the access to its own Passport Acceptance Facility. Facilities within the County of San Diego are limited, a Passport Acceptance Facility would be a service provided by the City Clerk’s Office the Deputy City Clerk and additional staff would train as Passport Agents to provide the service. The Deputy City Clerk brings experience as a Passport Agent for over 19 years, in three (3) other cities; Poway, Burbank and most recently Lemon Grove. Proven experience in setting up Passport Acceptance Facilities, with an established rapport with the U.S. Department of State San Diego Passport Agency. Contact with the U.S.
Department of State affirmed there is a need for additional Passport Acceptance Facilities in the area of National City, with the closest facility being 4 miles away.
Consideration of staffing, the hours of service may be during business hours of Monday – Thursday 8:00 a.m. to 5:00 p.m. Processing would be by appointment only to control the amount of customers in the City Clerk’s Office lobby at one time, considering social distancing practices. Providing appointments beginning at 8:00 a.m. and ending at 5:00 p.m. accommodates those working and those with school aged children, since both parents and the children under 16 are required appear in person at the appointment.
Walk-Ins would only be accepted if accommodations and schedule allow, such as a cancellation.
The Acceptance Facility would accept applications for new or replacement passport books, passport cards, and renewals for children. Renewals for adults are only by mail, unless the passport was issued more than 15 years prior. National City Acceptance Agents are restricted from executing their own application, or applications for personal friends, family members, or co-workers from their own facility. This would also include Elected Officials.
According to the U.S. Department of State, in 2019, over 20,690,491 Passport Books and Cards were issued, and prior to the pandemic there was a steady rise in applications of over 2 million per year. Due to the pandemic there was a decrease by 8 million in 2020, but that is not considered to remain at that number once world-wide travel is an option again. California is the #1 state for passport issuance at 2,693,339 in 2019, with the next closest state being Texas at 1,503,296, it’s important that the City of National City offer this service as there is a great demand.
In the very near future, a passport book or card would aid in domestic travel as the REAL ID Act established in 2005, will begin to be enforced May 3, 2023. According to the Department of Homeland Security, “every state and territory resident will need to present a REAL ID compliant license/ID or another acceptable form of identification to board commercial aircraft” this includes flying domestically. If a traveler does not have a REAL ID issued by the DMV in their State of residency, the U.S. Passport or Passport Card may be accepted as an alternate form of ID. Because of this upcoming deadline, it is expected that there will be a greater demand for Passport Acceptance Facilities services. 34 of 373
Program Costs:
The costs associated with this service include camera equipment, printer, film and supplies, online scheduling service (Veribook), and staff. The calendaring software (Veribook) will allow customers to make appointment online through the City’s website. This software will provide next available appointments, as well as allow customers to schedule appointments up to two months in the future.
Utilizing the software for appointments will reduce phone calls to the City Clerk’s Office to set appointments. A Passport Acceptance Facility page would be provided on the City website with all of the necessary information including fees and links to applications and instructions.
The initial investment for equipment would be a one-time expense and the ongoing supplies estimated to be under $500 annually, this cost would vary depending on the success of the facility.
Camera, Printer, and Cutter $600
Ink Cassettes and Paper $135
White Screen $125
Office Supplies $300
Marketing Supplies Flyers/Postcards $300
Online Scheduling Service (Annual Fee) $1000
$1560
Annual recurring costs to manage the facility would be approximately $2,000 annually for scheduling service and ink cassettes and paper for photos. This does not include postage which will vary with the amount of passports processed. Postage would be an expense that would be paid from fees collected with each passport application processed. The U.S. Department of State regulates the fees that Acceptance Facilities charge, currently that fee is $35 per application processed. The requirement to use Priority Mail provides a tracking mechanism, the current fee for mailing Priority Mail is $7.70, one Priority Mail package accommodates up to 15 applications to be grouped together depending on size which would limit the amount of packages and postage.
In addition to the Acceptance Fee, revenue would be generated by taking Passport Photos. Staff recommends setting a fee of $17 for photos, this is consistent with businesses that take passport photos in the local area and would provide a convenience as a one-stop full-service acceptance facility. (e.g. CVS $16.99, and Walgreens $15.99)
Staff is estimating currently six (6) applications per day (1,188 annually), including photos, an estimated $61,000 revenue to the General Fund for the first year. The number of applicants will build with time as COVID-19 restrictions reside, and the community becomes aware of the service and facility, as well as those in neighboring communities.
Staffing:
Currently the City Clerk’s Office is staffed with one full-time Deputy City Clerk and one full-time Executive Assistant employee. There are additional requirements to being an agent:
1. Be at least 18 years of age,
2. A U.S. Citizen or U.S. National,
35 of 373
3. Permanent full-time or part-time employee of the City (not temporary, contractual, ad hoc or volunteer), and
4. Must complete the online training and pass the exam.
To provide dedicated service to this facility, additional staff would be requested in the City Clerk’s Office.
Staff would like to propose:
Hire two (2) part-time hourly Senior Office Assistants who would be trained to be Passport Agents.
When not with passport appointments, additional staff time would be used assisting in the City Clerk’s Office, filing, scanning records, and assisting the Deputy City Clerk.
Cost: Two (2) Senior Office Assistants (part-time) (includes hourly wage for 20 hours per employee – non-benefitted includes PARS and Medicare only) $40,000 This position would work along with the City Clerk’s Office staff in providing this service to the community.
This position would be responsible for answering phone calls to the City Clerk’s Office which will increase due to passport questions, filing and scanning of records as well as assisting in other areas of the office during slow periods.
Staff is confident that this program will be successful. An overwhelming affirmation from the U.S.
Department of State leads staff to believe the City would provide a much needed service. Based on numbers considering COVID restrictions staff estimates five (5) to twenty-five (25) applications per week.
This will increase as business returns to normal following restrictions, and as the word gets out about the service.
Advertising and Promoting:
In addition to the facility being listed on the U.S. Department of States website, City website, City Social Media, staff would create marketing material to promote the service that could be shared at community events and City facilities.
Strategic Plan and Seven C’s:
Implementing this program meets two (2) of the City’s Strategic Plan Focused Areas:
1. Balanced Budget and Economic Development by partnering with other public agencies to increase revenue and augment services.
2. Communication and Outreach by connecting with the community, through meaningful outreach and providing a customer service not available within the City currently.
3. Meeting all of the Seven C’s: Culture, Courtesy, Collaboration, Communication, and Commitment to our Community.
Conclusion:
As a non-revenue generating department, this would allow the City Clerk’s Office an opportunity to provide a benefit to the budget through the fees collected. Those fees would be applied directly to the General Fund, while providing a valuable service to the community that is currently not available. Chula Vista Public Library and Post Office are the closest facilities to National City, and are over 4 miles away 36 of 373
from City Hall. If approved staff would move forward with the certification process with the U.S.
Department of State. The Deputy City Clerk named as the Program Manager would be responsible for the annual certification which includes random audits, and training requirements. This would also include the required annual re-certification of both the facility and passport agents. If approved as a passport acceptance facility, service could begin June/July 2022.
Staff Recommendation:
Staff recommends that City Council adopt a Resolution Authorizing the City Clerk’s Office to Apply for Certification from the U.S. Department of State, Establishing a Passport Acceptance Facility in the City Clerk’s Office located in City Hall; and
Authorizing the appropriation of funds to purchase equipment, supplies, and fund additional staff to be trained as Passport Agent in the City Clerk’s Office.
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RESOLUTION NO. 2022 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY CLERK’S OFFICE TO APPLY FOR CERTIFICATION FROM THE U.S. DEPARTMENT OF STATE TO ESTABLISH A PASSPORT ACCEPTANCE
FACILITY IN CITY HALL
WHEREAS, the City of National City’s (“City”) Office of the City Clerk has determined that it would be beneficial to City residents to provide access to a Passport Acceptance Facility; and
WHEREAS, the City’s Office of the City Clerk requests the City Council authorize it to apply to the U.S. Department of State for certification to establish a Passport Acceptance Facility; and
WHEREAS, the City’s Office of the City Clerk further requests the City Counc il authorize it to establish a Passport Acceptance Facility in the Office of the City Clerk located in City Hall; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Authorizes the City’s Office of the City Clerk requests the City Council authorize it to apply to the U.S. Department of State for certification to establish a Passport Acceptance Facility; and
Section 2. Authorizes the City’s Office of the City Clerk further requests the City Council authorize it to establish a Passport Acceptance Facility in the Office of the City Clerk located in City Hall.
Section 3. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions of the City.
PASSED, and ADOPTED this 3rd day of May, 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, authorizing the Mayor to execute an agreement with Luth and Turley, Inc. in the not-to-exceed amount of $150,000. (City Attorney)
Please scroll down to view the backup material.
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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:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
_____________
5/3/2022
Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an agreement with Luth and Turley, Inc. in the not-to-exceed amount of $150,000.
City Attorney
The City of National City’s Risk Management Department utilizes contractors to assist with investigating and repairing damages in response to Government Tort Claims. In furtherance of its efforts to timely and efficiently respond to said Government Tort Claims the Risk Management Department requests City Council authorization to retain Luth and Turley, Inc. to assist with restoration, extractions, reconstruction and repairs arising from flooding due to City of National City sewer mains.
Charles E. Bell, Jr., City Attorney
• Agreement
• Resolution
This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).
FINAL ADOPTION:
APPROVED: ________________ MIS
627-405-081-432-0000 Liability Claim
Adopt Resolution authorizing the Mayor to execute an agreement with Luth and Turley, Inc. in the not - to-exceed amount of $150,000.
(619) 336-4220
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SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
LUTH AND TURLEY, INC.
THIS AGREEMENT is entered into this 3rd day of May, 2022, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and LUTH AND TURLEY, INC., a California Corporation (the “CONTRACTOR”).
NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions:
1. Description of Services . CONTRACTOR shall provide services as outlined in attached proposal, Exhibit “A.”
2. L ength of Agreement . The duration of this Agreement is from May 3, 2022 through May 3, 2025.
3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed $150,000.00. The compensation for CONTRACTOR’S work shall be based upon and not exceed the rates given in Exhibit “A” (the labor rates) without prior written authorization from CITY.
4. P ayment Schedule . CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR.
5. T ermination . CITY may terminate this Agreement at any time by providing one (1) day’s written notice to CONTRACTOR.
6. I ndependent Contractor . It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR’S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY.
7. I nsurance . CONTRACTOR shall obtain:
A. If checked, Professional Liabilit y Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a 41 of 373
Standard Short Form Agreement Page 2 of 6 City of National City and Revised January 2021 Luth and Turley, Inc.
separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.
D. Workers’ compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR’S employ ees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY . Said endorsement shall be provided prior to commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.
F. Said policies, except for the profes sional liability and workers’ compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided.
G. The Certificate Holder for all policies of insurance required by this Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree ment. In addition, the “ retro” date must be on or before the date of this Agreement.
I. Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder’s alphabetic and financial size category rating of not less than A :VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the City’s Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY’s Risk Manager. If the CONTRACTOR does not keep all insurance policies required by this Section 7 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 7, including limits, based on the nature of the risk, prior exper ience, insurer, coverage, or other special circumstances.
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Standard Short Form Agreement Page 3 of 6 City of National City and Revised January 2021 Luth and Turley, Inc.
L. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
8. Indemnification and Hold Harmless. To the maximum extent provided by law, the CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR’S performance or other ob ligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.
8. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
9.1 PERS Eligibility Indemnification . If CONTRACTOR’s employee(s) provi ding services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
CONTRACTOR’S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR’s employees hereby waive any claims to benefits or compensation described in this Section 9. This Section 9 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.
9.2 Limitation of CITY Liability . The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CO NTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.
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Standard Short Form Agreement Page 4 of 6 City of National City and Revised January 2021 Luth and Turley, Inc.
9.3 Indemnification for Employee Payments . CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, over time payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agre ement. This is a continuing obligation that survives the termination of this Agreement.
9. A
cceptability of Work . The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR.
10. B usiness License . CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work.
11. P revailing Wages . State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.
12. A dministrative Provisions.
A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly pr ovided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules att ached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control.
F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such pro vision or any other provision hereof.
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Standard Short Form Agreement Page 5 of 6 City of National City and Revised January 2021 Luth and Turley, Inc.
I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted.
J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agree ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and al l matters contemplated under this Agreement, ( iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.
SIGNATURE PAGE ATTACHED
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46 of 373
EXHIBIT A
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1350 Hill Street, El Cajon, California 92020 / (619) 579-8673 / Fax: (619) 579-0023 State Lic. No. 383482
PROPOSAL
NATIONAL CITY WASTEWATER RESTORATION SERVICES
Service Provider- Luth & Turley Inc.
Contact- Mike Turley (619) 933-9057
Email- [email protected]
Services Authorized by National City- Wastewater cleanup and resulting repairs.
Service Provider General Information
Luth & Turley is a full-service General Contractor that specializes in flood and sewer backup restoration services since 1978. Located in El Cajon, we are the oldest and most experienced restoration specialist still active in San Diego County. We are very honored to have been selected as a service provider for National City Wastewater Department. For additional information on our company please visit our website at www.Luthturley.com
Proposed Service Pricing- There are two pricing structures that will apply, and they are as follows.
Restoration Clean up and Extractions. This portion of the service needs will be completed on a time and material (T/M) basis. Attached you will find a copy of our confidential Schedule of fees that lists the most common labor, material, and equipment used for this portion of the service.
Reconstruction and or Repairs. This portion will be a line-item estimate showing specific material and labor need utilizing unit cost pricing. This pricing is provided within our estimating database supplied by a commonly used software from Xactimate.
Note: Luth & Turley is NOT a wholesale supplier of specialty equipment, trades, or supplies. All purchases or needed specialty sub-contractors will include a 15% mark up as well as contractor O/P (overhead and profit).
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4/21/2022
RATES AND CONDITIONS
*Rates PER HOUR
Standard air mover $ 35.00 Per Day
Large capacity dehumidifier $ 125.00 Per Day
Remove carpet & pad $ 107.00 Per hour
Clean carpet $ 107.00 Per hour
Deodorize & clean carpet $ 107.00 Per hour
Install new carpet & pad $ 15.47 SY
Remove Floor tile $ 107.00 Per hour
Install vinyl square tile $ 1.31 SF
Install vinyl sheet tile $ 21.00 SY
Install ceramic floor tile $ 10.35 SF
Carpenter labor (Skilled labor) $ 125.00 Per hour Installation of Drywall, tape and texture $ 120.00 Per hour Painting $ 107.00 Per hour
Plumber labor (Skilled labor) $ 165.00 Per hour Remove & Reset commode $ 225.00 EA
Water extraction $ 107.00 Per hour
Landscaping $ 107.00 Per hour
Mopping & Cleaning $ 107.00 Per hour
Loading & hauling of debris $ 107.00 Per hour
Supervision Construction & Flood $ 130.00 Per hour Customer Service Representative $ 130.00 Per hour Replacement of equipment filters & ducting Per Receipts Equipment rental Per Receipts
Materials supplied by Luth & Turley Per Receipts
(1) Rates are for work performed between 7 AM & 4 PM Monday-Friday (2) Overtime time and a half rates will apply for work completed between 4 PM & 7 AM Monday- Friday- As Governed by state labor laws
(3) Time and a half will be charged for all work completed on Saturdays and double time will be charged for work completed on Sundays & Holidays
(4) Rates are for work completed by Luth & Turley, Inc. employees and does not apply to work performed by Subcontractors of Luth & Turley,Inc.
(A) A 15% Mark-up will be added to above rates & receipts. (B) A 15% Mark-up will be added to all subcontract invoices 49 of 373
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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 BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
4/20/2022
License # 0L48969(619) 385-1139 13123434Luth & Turley, INC.1350 Hill StreetEl Cajon, CA 920201217717370 A 1,000,000XA01568800010/1/202110/1/2022100,0005,0001,000,0003,000,0002,000,000POLU PROF FUNGU1,000,0001,000,000A XA01568800010/1/202110/1/20221,000,000A A015688000610/1/202110/1/20222,000,0000B XWCV550457210/1/202110/1/20221,000,000Y 1,000,0001,000,000CPROFESSIONAL LIABCPP2033144-1110/1/2021DEDT: $10,0001,000,000CPollutionCPP2033144-1110/1/202110/1/2022DEDT: $5,0001,000,000Additional insureds are included as/where required by written contract as respects to GeneralLiability, Auto Liability, General waiver of subrogation, Auto waiver of subrogation, General Liability primary non-contributory wording, Auto Liability primary non-contributory wording and Workers Compensation waiver of subrogation, but limited to the operations of the Insured under said contract, and always subject to all the policy terms, conditions and exclusions per endorsements attached.*THIS CERTIFICATE CANCELS AND SUPERSEDES ANY CERTIFICATE PREVIOUSLY ISSUED*the CITY and its officers, agents, employees, and volunteers City of National Cityc/o Risk Manager1243 Ntional City BoulevardNational City, CA 91950 LUTH&TU-01SONRA1
C3 Risk & Insurance Services404 Camino Del Rio S. STE 410San Diego, CA 92108Brianna [email protected] Insurance CompanyCompWest Insurance CompanyNautilus Insurance Company X10/1/2022
X XXXXXX
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA Schedule
Person or Organization Job Description
WC 99 03 13 C
(Ed. 7-09)
7KLVHQGRUVHPHQWFKDQJHVWKHSROLF\WRZKLFKLWLVDWWDFKHGDQGLVHIIHFWLYHRQWKHGDWHLVVXHGXQOHVVRWKHUZLVHVWDWHG
7KHLQIRUPDWLRQEHORZLVUHTXLUHGRQO\ZKHQWKLVHQGRUVHPHQWLVLVVXHGVXEVHTXHQWWRSUHSDUDWLRQRIWKHSROLF\
(QGRUVHPHQW(IIHFWLYH 3ROLF\1R (QGRUVHPHQW1R
,QVXUHG
,QVXUDQFH&RPSDQ\ &RXQWHUVLJQHGE\
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be $
Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has written contract requiring a waiver of our right to recover from them. 500
Luth & Turley, Inc.
WCV5504572
CompWest Insurance Company
10/01/2021 1
ANY WRITTEN CONTRACT REQUIRING ENDORSEMENT FROM OUR INSURED 1350 HILL STREET
EL CAJON, CA 92020
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© Insurance Services Office, Inc., 2012
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed
Operations
Any person or organization you are required to add as
an
additional insured under a written contract or
agreement
in effect prior to any accident, injury, loss or damage.
All locations and jobs performed that have a written
contract, agreement, or permit.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
A015688000
09/30/2020A0156880
Middlesex Insurance Company
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Middlesex Insurance Company
© Insurance Services Office, Inc., 2012
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
CG 20 10 04 13
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the same
project.
All locations per written contract, agreement or
permit.
Description:
All jobs performed that have a written contract,
agreement, or permit.
Any person or organization you are required to add as
an
additional insured under a written contract or
agreement
in effect prior to any accident, injury, loss or damage.
A015688000
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C.With respect to the insurance afforded to these additional insureds, the following is added toSection III - Limits Of Insurance:If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:1.Required by the contract or agreement; or
2.Available under the applicable Limits of Insurance shown in the Declarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012CG 20 10 04 13Page 2 of 2 09/30/2020A0156880Middlesex Insurance Company 55 of 373
POLICY NUMBER:
© Insurance Services Office, Inc., 2008
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the
"products-completed operations hazard". This waiver
applies only to the person or organization shown in
the Schedule above.
A015688000
09/30/2020A0156880
Middlesex Insurance Company
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POLICY NUMBER:
SCHEDULE
COMMERCIAL AUTO
CA 76 01 06 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED - PRIMARY AND
NONCONTRIBUTORY - COVERED AUTOS
LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
AUTO DEALERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated.
Named Insured: Luth & Turley Inc
Endorsement Effective Date: 10/01/2021
Name Of Person(s) Or Organization(s):
Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Each person or organization shown in the
Schedule is an "insured" for Covered Autos
Liability Coverage, but only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in:
(1) Paragraph A.1. of Section II - Covered Autos
Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms; or
(2) Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage
Form.
B. Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other auto insurance issued
to the person or organization in the schedule
under your policy provided that:
(1) The person or organization is a Named Insured
under such other insurance; and
(2) Prior to the “accident” you have agreed in
writing in a contract or agreement that this
insurance would be primary and would not
seek contribution from any other insurance
available to the person or organization.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
A015688000
09/30/2020A0156880
Middlesex Insurance Company
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Named Insured:
Endorsement Effective Date:
Name(s) Of Person(s) Or Organization(s):
POLICY NUMBER: A015688000 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
SCHEDULE
Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived
prior to the "accident" or the "loss" under a contract
with that person or organization.
© Insurance Services Office, Inc., 2011
Luth & Turley Inc
10/01/2021
09/30/2020A0156880
Middlesex Insurance Company
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH LUTH AND TURLEY, INC. IN THE NOT-TO-EXCEED AMOUNT OF $150,000
WHEREAS, the City of National City’s (“City”) Risk Management Department utilizes contractors to assist with investigating and repairing damages in response to Government Tort Claims; and
WHEREAS, in furtherance of its efforts to timely and efficiently respond to said Government Tort Claims, the Risk Management Department requests City Council authorization to retain Luth and Turley, Inc. to assist with restoration, extractions, reconstruction, and repairs arising from flooding due to City of National City sewer mains; and
WHEREAS, City staff recommends City Council authorize the Mayor to execute an Agreement with Luth and Turley, Inc. in the not-to-exceed amount of $150,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves and authorizes the Mayor to execute an Agreement with Luth and Turley, Inc. in the not-to-exceed amount of $150,000.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 3rd day of May, 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, authorizing the issuance of a Request for Qualifications (“RFQ”) for legal services for the Public Works and Engineering Department of National City. (City Attorney)
Please scroll down to view the backup material.
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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:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
_____________
5/3/2022
Resolution of the City Council of the Cit y of National City, California, authorizing the issuance of a Request for Qualifications (“RFQ”) for legal services for the Public Works and Engineering Department of National City.
City Attorney
The City of National City is seeking approval to release a Request for Qualifications (“RFQ”) for the Public Works and Engineering Department for legal services. The City is seeking the services of a professional, highly qualified attorney to lead as -needed, general legal services regarding Public Works and Engineering law matters.
Any contract resulting from this RFQ shall not be effective unless, a nd until, approved by the City. Upon approval, the contract shall start within one (1) day after the award of the contract.
Charles E. Bell, Jr., City Attorney
Request for Qualifications
Resolution
This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).
FINAL ADOPTION:
APPROVED: ________________ MIS
001-416-029-209-0000 Legal Services
Adopt Resolution approving the issuance of a Request for Q ualifications for the Public Works and Engineering Department for legal services for the City of National City.
(619) 336-4220
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RFQ for Legal Counsel
Public Works and Engineering
REQUEST FOR QUALIFICATIONS FOR
PUBLIC WORKS AND ENGINEERING LEGAL SERVICES
1. INTRODUCTION
The City of National City (“City”) is a general law city which operates under a council - manager form of government. The City Council has an elected Mayor, Vice Mayor, and three Councilmembers who are elected at large for a term of four years. The citizens of National City also elect the City Treasurer and City Clerk.
The City Council is responsible for setting policies, enacting ordinances, adopting the budget, reviewing the General Plan, appointing committees, and appointing the City Manager and City Attorney. The City Manager is responsible for carrying out policies and ordinances of the City Council, appointing City department heads, and overseeing the day- to-day operations of the City. National City is organized into the departments of City Manager, City Clerk’s Office, City Attorney’s Office, Building, Planning, Engineering/Public Works, Finance, Fire, Police, Housing & Economic Development, Community Services, Information Technology, Library, Neighborhood Services, and Human Resources. The City’s total all funds budget is $107.8 million, and the workforce consists of approximately 360 employees. For more information on the City of National City, please visit their website at: www.nationalcityca.gov
2. THE COMMUNITY
The City of National City was incorporated in 1887 and is a full service, general law city serving a vibrant, socio -economically diverse community. National City’s multi -cultural population, mild climate and central location make National City a great place to live and work. The spirit of National City is a welcoming one, and the residents take great pride in its rich history and traditions, diverse cultures, dynamic and progressive atmosphere, strong community spirit, schools, neighborhoods and vibrant business districts.
National City, San Diego County’s second oldest city is centrally located in the South Bay region of the San Diego metropolitan area, in southwestern San Diego C ounty. National City is truly “In the center of it all.” A thriving bi -national region of 5 million consumers, the City’s competitive edge is its central location, transportation network, and business industry.
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RFQ for Legal Counsel
Public Works and Engineering
National City is positioned for prosperity, with proximity to the San Diego Bay, US - Mexico border, downtown San Diego, international airport, rail, San Diego State University, and other colleges and universities. Adjacent to the San Diego Bay, National City can be easily accessed by interstates 5 an d 805, and highways 54 and 15. The San Diego Trolley and the Metropolitan Transit System (MTS) services National City 7 days a week. The robust transportation resources conveniently connect the City to the region.
National City is home to over 3,000 busin esses – a remarkable number for a city with a population of slightly over 61,000. A variety of industries, ranging from small family - owned operations to multi-million-dollar corporations can be found in National City. The National City Marine Terminal, part of the Unified Port of San Diego, is the most advanced vehicle import and export facility on the West Coast, processing more than 270,000 vehicles annually. Lumber is also imported from the Pacific Northwest for construction use throughout the region. Na tional City’s port area extends three miles along San Diego Bay and is part of the largest U.S. Navy installation on the West Coast.
National City’s 87.2 acres of park land exceeds the statewide norm. The City’s four sprawling major parks include El Toyon Park, Kimball Park, Las Palmas Park, and Sweetwater Heights Park, plus the National City Golf Course. The National City recreation division provides programs at the Las Palmas Olympic -sized pool as well as at six recreation centers. The City has 10 elemen tary schools, 2 middle schools, 1 high school, and 1 community college.
1.1. Purpose of Invitation
This Request for Qualifications (“RFQ”) is focused on obtaining the services of a professional, highly qualified attorney to lead as-needed, general legal services regarding public works and engineering law matters.
Interested and qualified firms who have demonstrated their ability at comparable work are invited to submit their qualifications.
Submittals, requests for information, or questions relative to this Request for Qualifications should be addressed to:
City Attorney
City of National City
1243 National City Blvd.
National City, CA 91950
619-336-4220
[email protected]
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1.2 Submittal Deadline
Qualifications will be accepted until June 2, 2022. The submittal must include one original and one copy.
1.3 Contract Length
The agreement will be effective on date fully executed and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days’ written notice to the other.
1.4 Scope of Services
The City of National City is seeking an attorney to perform the full range of services related to general legal services regarding public works and engineering law matters.
2.0 SUBMITTAL REQUIREMENTS
The respondent shall follow the format specified below. Each section should be tabbed and labeled in the order shown below.
2.1 Submittal Cover
The cover shall include the title, submittal due date, name, address, telephone and fax numbers, and e-mail address of the principal contact.
2.2 Table of Contents
The table of contents shall be complete and clear.
2.3 Cover Letter
The letter shall be brief. Any changes to the submittal format or deletions of requested material should be explained in the cover letter. The letter should also include the location of the office(s) in which the proposed attorney(s) is located.
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2.4 Statement of Understanding and Proposed Methodology
The respondent shall provide a written narrative that demonstrates an understanding of this invitation and a proposed methodology for implementing the Scope of Services, provided above in Section 1.4.
2.5 Project-Related Experience
This section shall include examples of respondent’s experience in the past ten years specifically related to the Scope of Services. This section should also describe respondent’s experience advising municipalities with public works and engineering matters.
2.6 Project Personnel
A resume for each attorney proposed to perform as legal services should be provided with their relevant municipal public works and engineering experience.
2.7 Insurance
Respondent shall be required to comply with all the insurance requirements required under the contract, a sample of which is attached hereto.
2.8 Schedule of Rates
Respondent shall include a “Schedule of Rates” in a sealed envel ope, including rates for all of the personnel that may provide services under this contract.
2.10 References
The listing of other clients represented is critical and contact information should be provided for reference checks. Please provide at least three public sector clients and three union/employee representatives (if applicable) as references for each professional proposed in Section 2.6. Include each reference’s name, address, and telephone number. In addition, provide a list the municipalities your firm, and in particular, the proposed attorney, provided similar services for within the past three (3) years.
2.9 Additional Required Information
The following information should also be provided:
• Type of firm: individual, partnership, or corporation. 65 of 373
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• Organizational structure of the firm, history, including number of years in existence, number and location of offices, total number of employees. • Describe the ability of your firm to provide local service to the City. • Names and titles of all principals/officers of the firm (name, title, phone number). • How many years has you r firm been providing public works and engineering advisory services to municipalities?
• Describe the firm’s philosophy about customer service and quality assurance. • Describe your firm’s resources or methods to provide education on best practices, trends or hot topics.
• Describe the organization’s legal research capabilities and how you communicate legislative updates to your clients.
• Describe your firm’s commitment to diversity in both your employment practices and in client relations.
3.0 SELECTION PROCESS AND EVALUATION CRITERIA
3.1 Selection Criteria
The responses will be evaluated based upon the following:
• Respondent’s submittal demonstrates an understanding of the Scope of Services. • Respondent’s knowledge of the law regarding public wo rks and engineering matters.
• Availability and accessibility, including the location of the office that will be servicing the City of National City.
• The experience, professional credentials and references of those who will be advising the City of National City.
• Respondent’s commitment to diversity in both your employment practices and in client relations.
3.2 Submittal Selection Process
A selection committee will review the submittals and “short -list” the most qualified respondents. This committee may then choose to interview selected respondents. The proposed attorney(s) from the law firm must attend. Thereafter, a recommendation will be made for a final decision.
3.3 Submittal Schedule
Distribution/Advertisement May 3, 2022
Deadline for response June 2, 2022
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RFQ for Legal Counsel
Public Works and Engineering
Interviews week of June 13, 2022
Selection and Recommendation June 29, 2022
City Council Approval August 2, 2022
3.4 Legal Services Agreement
The firm selected shall be required to enter into a Legal Services Agreement for this project with the City, a sample of which is attached hereto. Any contract resulting from this RFQ shall not be effective un less, and until, approved by the City, which may require City Council approval. Upon approval, the contract shall start within 1 day after the award of the contract.
Before the City executes a contract, the selected firm shall furnish the City certificates evidencing insurance, as required by the City. The City shall be named as additional insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.
4.0 DECLARATIONS AND ADDITIONAL INFORMATION
4.1 The City of National City Rights Regarding this Invitation
The City reserves the right to reject all submittals for any reason without indicating reasons for said rejection. The City accepts no financial responsibility for any costs incurred by respondent. Issuance of this Request for Qualifications does not commit the City to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services.
The City reserves the r ight to waive any irregularities or informalities in the proposal or proposal process. The City retains the right to reject all submittals. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent.
4.2 Acknowledgement of Amendments
Each firm receiving a copy of this shall acknowledge receipt of any amendment to this Request for Qualifications by signing and returning the amendment with the completed proposal. The acknowledgment must be recei ved by the City of National City at the time and place specified for receipt of qualifications.
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RFQ for Legal Counsel
Public Works and Engineering
4.3 Right to Cancel
The City reserves the right to withdraw or cancel, for any or no reason, at any time, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements.
4.4 Variations in Scope of Work
The City may materially change the scope of services by way of amendment to this RFQ, signed by the City Clerk. The City may waive the written requirement for a variation in the scope of services if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City.
4.6 Applicable Laws
The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation related to the contract or this RFQ shall be brought in the State of California, with a venue of the San Diego Superior Courts. The firm awarded the contract shall comply with all applicable Federal, State, and local laws and regulations.
4.7 Public Information
All documents received by the City are considered public records and will be made available after the RFQ selection for public inspection and copying upon request.
4.8 Compensation
The respondent agrees, if selected, that compensation shall be governed by the terms set forth and agreed to the in the Legal Services Agreement.
4.9 Independent Contractor Status
The respondent agrees, if selected, that he or she shall perform the services as independent contractor(s) and not employee(s) of the City. The City shall not be considered the employer of respondent. The respondent understands, if selected, the respondent shall have the sole responsibility for deciding the manner and means of providing the services, except as outlined in the final contract and its attachments or exhibits.
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RFQ for Legal Counsel
Public Works and Engineering
4.10 Indemnification
The respondent agrees, if selected, to indemnify and hold harmless the City and all its officers and employees from any and all liability, claims, costs, including reasonable attorney’s fees, demands, damages, expenses, and causes of action as outlined in the contract.
4.11 Examination of Solicitation
The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of the City’s knowledge, the information provided is accurate. However, the City does not warrant such accu racy, and any errors or omissions subsequently determined will not be construed as a basis for invalidating this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and beco me familiar with work required in the solicitation and is capable of performing quality work and to achieve the objectives of the City.
5.0 APPENDICES
Appendix A – Sample Agreement
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1 AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
[FULL LEGAL COMPANY NAME]
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made between THE CITY OF NATIONAL CITY, a municipal corporation, (the “CITY”) and , a law corporation (the “FIRM”). This Agreement sets forth the parties’ mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services.
Article 1. Retainer. The CITY hereby retains the FIRM to assist in representing the CITY in connection with litigation and government claims issues, subject to this Agreement.
Article 2. Effective Date and Term . This Agreement shall be effective on _____________ and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days’ written notice to the other. Notice of termination by the FIRM shall be given to the City Attorney.
Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement.
These services may include the following: consultation with the City Attorney and Risk Management on G overnment Claims, defense of the City on litigated matters, advice and counsel to the City Council, and communications with City staff as per the Proposal Letter attached as Exhibit A (“LEGAL SERVICES”). In addition, the City may increase the scope of work with the FIRM’s agreement, and such additional work will be confirmed via a letter that shall bring such work within the scope of this agreement. It is expected that the FIRM will work with the City Attorney and CITY staff.
Article 4. Compensation. Compensation paid under this Agreement shall be as set forth in the Proposal Letter attached as Exhibit A.
A. The FIRM shall not use more than one attorney for the same specific task without the CITY’S approval. The FIRM may use the minimum number of attor neys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY.
B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM.
C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed _______________ for LEGAL SERVICES and out -of-pocket 70 of 373
2 disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY.
D. The FIRM shall k eep the CITY advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY for travel time; however, the FIRM may charge for work performed for the CITY during any travel time.
E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case-by-case basis. The CITY will not reimburse overtime incurred for th e convenience of the FIRM’S failure to meet deadlines known in advance.
(6) Equipment, books, periodicals, research materials,
Westlaw/Lexis or like items.
(7) Express charges, overnight mail charges, messenger services or the like, without the CITY’S prio r consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case-by-case basis. (8) Travel and meals.
(9) Late payment charge or
interest. Due to the nature of the CITY’S payment process, the CITY will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly.
F. Bills from the FIRM should be submitted to City Attorney, 1243 National Cit y Boulevard, National City, CA 91950 -4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM.
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3 G. The FIRM agrees to forward to the CITY a statement of account for each one -month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements.
H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved.
For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the related work product should be reference (“telephone call re: trial brief,” “interview in preparation for deposition”).
(e) The biller’s professional capacity (partner, associate, paralegal, etc.) should be included.
(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.
(3) Appropriate.
(a) The CITY does not pay for clerical support,
administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the CITY’S payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly.
I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY decision, and the CITY’S representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost.
(1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost -effectiveness. All tasks typicall y considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY must be had before associate hours billed exceed paralegal hours billed.
(2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or 72 of 373
4 the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.
(3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review.
Article 5. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required i n the Scope of Services.
Article 6. Confidentiality of Work . All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY.
Article 7. Compliance with Controlling Law . The FIRM shall comply with all applicable laws, ordinanc es, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Article 8. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and th e CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance or the compensation payable to the FIRM.
Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the CITY and its agents, officers, employees, and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, an d all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers.
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5 Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissio ns) with minimum limits of $1,000,000 per claim.
B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobi le insurance shall include owned, non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of i ts operations, work, or performance under this Agreement.
The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to the “location”. The “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.
D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FIRM’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the FIRM shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
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6 H. Insurance shall be written with only insurers authorized to conduct business in California that hol d a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non-admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the FIRM does not keep all insurance policies required by this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.
J. All deductibles and self-insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 10, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
K. If the FIRM maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Article 11. Drug Free Work Place . The FIRM agrees to comply with the CITY’S Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to th e CITY that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.
Article 12. Non-Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprentice ship. The FIR M agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non -discrimination clause.
Article 13. Notification of Change in Form . The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an 75 of 373
7 individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.
Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to:
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
and to: [Insert Email Address]
[Insert Email Address]
Notice to the FIRM shall be addressed to:
[insert Firm information here]
Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law.
Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law.
Article 15. Administrative Provisions.
A. Time of Essence . Time is of the essence for each provision of this Agreement.
B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.
C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 76 of 373
8 Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
D. California Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.
E. Integrated Agreement. This Agreement including attachments and exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM.
F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.
H. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances.
I. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.
K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.
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9 IN WITNESS WHEREOF, the parties have executed this Agreement on the __________ day of _________________, 2022.
CITY OF NATIONAL CITY
[insert name of firm]
(Corporation – signatures of two corporate officers)
By: ________________________ By: ____________________________ Alejandra Sotelo-Solis, Mayor [insert name and title]
APPROVED AS TO FORM: By: ____________________________
(Name)
___________________________ ____________________________ Charles E. Bell Jr., City Attorney (Print Name)
____________________________
(Title)
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RESOLUTION NO. 2022 -
RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (“RFQ”)
FOR LEGAL SERVICES FOR THE PUBLIC WORKS AND ENGINEERING
DEPARTMENT OF NATIONAL CITY
WHEREAS, the City Attorney’s Office requests approval to release a Request for Qualifications (“RFQ”) for legal services for the Public Works and Engineering Department of National City (“City”); and
WHEREAS, the City is seeking the services of a professional, highly qualified attorney to lead as -needed, general legal services regarding Public Works and Engineering law matters; and
WHEREAS, the attorney will work with the City Attorney’s Office and Public Works and Engineering Department staff; and
WHEREAS, City staff recommends approving the issuance of a n RFQ for legal services for the Public Works and Engineering Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes the issuance of a Request for Qualifications (“RFQ”) for legal services for the Public Works and Engineering Department.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 3rd day of May, 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 to authorize the City Manager to enter into a three year Agreement with Thomson Reuters CLEAR®. The total cost for the three years is not to exceed $26,400.00 or $8,800.00 per year. (Police)
Please scroll down to view the backup material.
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE - YEAR AGREEMENT WITH THOMSON REUTERS CLEAR® FOR THE NOT TO EXCEED AMOUNT OF $26,400.00
WHEREAS, Thomson Reuters CLEAR® is an information database software system used by the City of National City Police Department (“NCPD”) to conduct criminal and background investigations on potential employees; and
WHEREAS, the total cost for this database software system is $8,800.00 per year over a three (3) year period or a total of $26,400.00; and
WHEREAS, the NCPD requests the City Council to authorize the City Manager to enter into a three (3) year agreement with Thomson Reuters CLEAR® for the not to exceed amount of $26,400.00.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves and authorizes the City Manager to enter into a three (3) year Agreement with Thomson Reuters CLEAR® for an amount not -to-exceed of $26,400.00.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 3rd day of May, 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, (1) approving an Affordable Housing Density Bonus Agreement with Torreyana Associates, LLC, a California Limited Partnership, restricting the rent and occupancy of one (1) unit to a lower income household in exchange for three concessions pursuant to California Government Code Sections 65915 – 65918 for the development of 12 housing units located at 316 East 31st Street in National City; and (2) approving a Subordination and Intercreditor Agreement subordinating said Affordable Housing Density Bonus Agreement. (Housing Authority) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETINGDATE: May 3,2022 AGENDA ITEMNO.‘
ITEM TITLE:
Resolutionof the CityCouncil of the Cityof NationalCity,California(1)approving an Affordable Housing Density Bonus Agreement with Torreyana Associates, LLC, a CaliforniaLimited Partnership, restrictingthe rent and occupancy of one (1) unitto a lower income household in exchange forthree concessions pursuant to CaliforniaGovernment Code Sections 65915 — 65918 forthe development of 12 housing unitslocatedat 316 East 31StStreetinNationalCity;and (2)approving a Subordination and lntercreditorAgreement subordinating said Affordable Housing Density Bonus Agreement.
PREPARED BY:
Greg Rose, Property Agent
PHONE: 619-336-4266
EXPLANATION:
Torreyana Associates, LLC, a CaliforniaLimited Partnership (Developer) isdeveloping the property located at 316 East 31st Street.Current zoning allows forthe construction of 12 unitsby right.The Developer willrestrictthe rent and occupancy of one (1) unitto a very low income household (below 50% of area median income) inexchange forthree deviations,(1)the parking ratioto 1 parking space per one bedroom, 1.5 parking space per two bedroom, totaling16 parking spaces, (2) reduce parking from 16 spaces to 12 spaces, (3) a waiver from common open space requirements, mandated by CaliforniaGovernment Code Sections 65915 — 65918. The AffordableDensity Housing Bonus Agreement (“Agreement") willserve to memorialize the Developer’s obligationto provide the one (1) affordable unitand the restrictionof the affordable unitby the recordation of thisagreement assuring affordabilityfora totalof fifty-five(55)years. A Performance Deed of Trust willalso be recorded to secure the Agreement on the property.The Subordination Agreement establishes the City of National City as a Junior Lienholder. See Background Report for information on the Density Bonus Law.
DEPARTMENT:
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT N0. APPROVED: MIS
No FiscalImpact — This reportisinformationalonly,there isno fiscalimpact associated with the report.
ENVIRONMENTAL REVIEW:
The infilldevelopment project.includingthe density bonus incentivesprovided, iscategoricallyexempt from CEQA review pursuant to Class 3 Section 15332.
ORDINANCE: INTRODUCTION: l FINALADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD l COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Background Report and Site Plan
Affordable Housing Density Bonus Agreement
Performance Deed of Trust
Subordination Agreement
Resolution
91:693.”?
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BACKGROUND REPORT
California’s Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 – 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 50% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible.
In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that:
The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues.
Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments.
Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities.
The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students.
Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following:
• At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for-sale common interest development are restricted to moderate income residents.
• At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges.
• The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
• The project is a senior citizen housing development (no affordable units required). 1 96 of 373
• The project is a mobile home park age-restricted to senior citizens (no affordable units required).
Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows:
• For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit.
• For lower income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit.
• Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development.
• Rents must include a reasonable utility allowance.
• Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units.
The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements.
Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194).
Developer incentives are; reduce parking to 1 parking space per 1 bedroom and 1.5 parking spaces per 2 bedroom for a total of 16 spaces, reduce parking from 16 spaces to 12 spaces, and a waiver from common open space requirements.
50% Area Median Income Limits for National City effective April 1, 2021 Family Size 1 2 3 4 5 6 7 8
$42,450 $48,500 $54,550 $60,600 $65,450 $70,300 $75,150 $80,000
The site plans for the apartment project at 316 E 31st Street start on the following page. 2 97 of 373
VICINITY MAP
G001
COVER SHEET
1 Sweetwater Crossings
316 E 31st Street.,
National City, CA 91950
Multi-Family Residential Development
·National City Municipal Code
·2019 California Building Code
·2019 California Green Code
·2019 California Plumbing Code
·2019 California Electrical Code
·2019 California Mechanical Code
·2019 California Fire Code
PROPERTY OWNER:
Torreyana Associates LLC
3974 Sorrento Valley Blvd., #910740, San Diego, CA 92121 DESIGN FIRM:
TECHNE
Project Contact: Abhay Schweitzer - Assoc. AIA
2934 Lincoln Ave., San Diego, CA 92104
Phone #: 619-940-5814, email: [email protected]
ARCHITECT OF RECORD:
Michael Rene Morton, AIA
License No. C - 19371
2934 Lincoln Ave., San Diego, CA 92104
Phone #: 619-857-8144, email:
[email protected]
CIVIL ENGINEER:
Van Ryn Engineering, Inc.
John Van Ryn, PE, PLS
Phone #: 858-367-3504, email: [email protected]
MEP:
EC4B Engineering, P.C.
William A. Murray, Jr., PE, LEED Ap
Phone #: 585-746-1268, email: [email protected]
STRUCTURAL ENGINEER:
Morgan Structural Engineering
Jeff Morgan, S.E.
Phone #: 760-690-7454, email: [email protected] LANDSCAPE ARCHITECT:
In-Site Landscape Architecture, Inc.
Tim Jachlewski, President, PLA, ASLA
Phone #: 619-795-7603, email: [email protected]
PROJECT TEAM SCOPE OF WORK
APPLICABLE CODES
The project consists of a new 9,505sf
multi-family residential development.
SITE
316 E 31st Street,
National City, CA 91950
AFFORDABLE HOUSING NOTES
CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] SECTION 65915
(III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, or waivers or reductions of development standards. (ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The local government shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development. (b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
(B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code.
SECTION 50105
(a) “Very low income households” means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. These qualifying limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for very low income households for all geographic areas of the state at 50 percent of area median income, adjusted for family size and revised annually. (b) “Very low income households” includes extremely low income households, as defined in Section 50106. The addition of this subdivision does not constitute a change in, but is declaratory of, existing law.
(c) As used in this section, “area median income” means the median family income of a geographic area of the state. (Amended by Stats. 2002, Ch. 782, Sec. 25. Effective January 1, 2003.) Specific Applying Incentives / Concession / Variances:
- Common Open Space requirements: Required open space: 300sf per Unit x 12 Units = 3,600sf, Proposed per NCMC 18.41.040(B)(2): 1,734.8sf, Incentive: 1,865.2sf (3,600sf - 1,734.8sf) - Parking Ratios per Affordable Housing: 1 per 0-1 Bedroom Unit = 4 parking spaces + 1.5 per 2-3 Bedroom Unit = 12, a total of 16 parking spaces - Parking reduction as Variance: Reduce 4 parking spaces for a total of 12 parking spaces on site.
G001-G002 COVER SHEET.DWG
A.S, B.P, C.G, S.V., G.R., D.C., J.C.R., Y.Z.
Abhay Schwietzer, Michael R. Morton
2013
4/29/2021 12:31:26 PM
316 E 31st St.,
National City, CA 91950
2934 Lincoln Ave., San Diego, CA 92104
techne-us.com sustainablearchitect.org
o 619-940-5814 m 313-595-5814
CONSULTANTS
OWNER
MARKDATEDESCRIPTION
PROJECT NO:
CAD DWG FILE:
DRAWN BY:
CHK'D BY:
COPYRIGHT:
SHEET TITLE
SHEETOF
Torreyana Associates LLC
3974 Sorrento Valley Blvd. #910740,
San Diego, CA 92121
TECHNE expressly reserves its common law copyright and other property rights in this document. This document shall not be reproduced, copied, changed or disclosed in any form or manner whatsoever without first obtaining the express written consent of TECHNE. 50 1 04.01.21 1st Building Permit Submittal
RENEWAL
04/30/2021
C-19371
L I CEN
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STATE
O
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C
A
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IFORN I A
MI CHAEL
RENE
MORTON
3 98 of 373
NO PARKING
w
20'-0"
PL TO CL
EXISTING
ASPHALT
STREET
40'-0"
ROW
10'-0"
SEWER EASEMENT
PROPOSED
CURB AND
GUTTER
PROPOSED
CURB CUT PER
SDG-162
18'-0"
DRIVEWAY
18'-0"
3'-0"
3'-0"
24'-0"
DRIVE AISLE
18'-0"
9'-0"
8'-0"
3'-0"
61'-6"
26'-7
12"
8'-9"
26'-7
12"
26'-7
12"
8'-9"
26'-7
12"
20'-0"
DEDICATION
5'-0"
PROPOSED RETAINING WALL
8.0%
SLOPE
1.5%
SLOPE
8.0%
SLOPE
1.5%
SLOPE
6.5%
SLOPE
8.0%
SLOPE
8.0%
SLOPE
LANDING
FS = +42.10'
TOP LANDING
FS = +43.98'
5'-6"
4'-6"
10'-0"
PROPOSED TRANSFORMER LOCATION
PROPOSED
MAILBOXES
PROPOSED CONCRETE SIDEWALK PER SDGIS
62'-0"
6'-2
3 4"
6'-2
3 4"
NEW KEYSTONE
RETAINING WALL
SITE ARRIVAL
POINT
5'-2"
13'-3
3 4"
10'-9
7 8"
A301
1 17'-8"
3'-0"
8'-9"
4'-0"
4'-0"
9'-0"
E 31ST ST.
(E) PROPERTY LINE
N70°56'52"E 60.00'
PROPERTY LINE
N70°56'52"E 60.00'
(E) PROPERTY LINE
N19°02'59"W 145.00'
(E) PROPERTY LINE
N19°02'59"W 145.00'
℄
℄
1 UP
11 2
3 4
5 7
(COMPACT)
9 10
12 DN
DN
UP
BALCONY
(N) PL N70°56'52"E 60.00'
(N) PROPERTY LINE
N19°02'59"W 125.00'
(N) PROPERTY LINE
N19°02'59"W 125.00'
UNIT #1
UNIT #3
(ACCESSIBLE)
UNIT #4
UNIT #2
BALCONY
PATIO
PATIO
10'-0
34"
10'-3"
53'-0"
8'-6"
1'-6"
1'-6"
13'-1"
6'-5
12"
13'-1"
3'-11
5 8"
DN
DN
REFUSE & RECYCLE
BINS AND ORGANIC
CART ENCLOSURE
(COMMON AREA)
62'-0"
6 (COMPACT)
8 18'-0"
1'-2"
NEW KEYSTONE
RETAINING WALL
5'-2"
OUTLINE OF
ADJACENT
STRUCTURES
4'-0"
24'-0"
DRIVE AISLE
ACCESSIBLE VEHICLE
SPACE ACCESS AISLE.
4" BLUE BORDERS WITH
4" WHITE HATCHED
LINES AT 3' MAX. O.C.
WHEEL STOP. SEE
DETAIL 4/A501
PROPOSED NEW 6"
SEWER LATERAL
CONNECTION PER
SDRSD SS-01
20'-2"
PROPOSED 42" HIGH
METAL GUARDRAIL ON
TOP OF RETAINING WALL
PROPOSED 42" HIGH
METAL GUARDRAIL ON
TOP OF RETAINING
WALL
PROJECTION OF ROOF
ACCESS DROP-DOWN
LADDER
2'-2
18"
1'-3
5 8"
OUTLINE OF
ADJACENT
STRUCTURES
FOR COMPLETE ROW SCOPE,
SEE CIVIL DRAWINGS
4'-0"
9 A502
SEE CIVIL DRAWINGS
FOR DETAILED GRADE
AND RETAINING WALL
INFORMATION
CATCH BASIN PER CIVIL
9 A501
146.4'
NEAREST FIRE HYDRANT
7 A505
BOTTOM LANDING
FS = +39.84'
A102
SITE PLAN -
PROPOSED
-
A102 SITE PLAN - PROPOSED - C.DWG
A.S, B.P, C.G, S.V., G.R., D.C., J.C.R., Y.Z.
Abhay Schwietzer, Michael R. Morton
2013
4/28/2021 1:14:41 PM
316 E 31st St.,
National City, CA 91950
2934 Lincoln Ave., San Diego, CA 92104
techne-us.com sustainablearchitect.org
o 619-940-5814 m 313-595-5814
CONSULTANTS
OWNER
MARKDATEDESCRIPTION
PROJECT NO:
CAD DWG FILE:
DRAWN BY:
CHK'D BY:
COPYRIGHT:
SHEET TITLE
SHEETOF
Torreyana Associates LLC
3974 Sorrento Valley Blvd. #910740,
San Diego, CA 92121
TECHNE expressly reserves its common law copyright and other property rights in this document. This document shall not be reproduced, copied, changed or disclosed in any form or manner whatsoever without first obtaining the express written consent of TECHNE. 50 1 04.01.21 1st Building Permit Submittal
RENEWAL
04/30/2021
C-19371
L I CEN
SE
D
A
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C
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STATE
O
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C
A
L
IFORN I A
MI CHAEL
RENE
MORTON
SCALE: 1/8" = 1'-0"
4' 8' 016'
SITE PLAN LEGEND
AREA OF PROPOSED STRUCTURES
PROPERTY LINE
SITE DRAINAGE PATTERN
PROPOSED CONCRETE SURFACE
AREA OF EXISTING SEWER EASEMENT
1SCALE: 1/8" = 1'-0"
SITE PLAN - PROPOSED
SITE PLAN NOTES
A. Refer to other construction documents for complete scope of work.
B. Before commencing any site foundation or slab cutting or excavation, the contractor shall verify and mark locations of all site utilities, dimensions and conditions. These include but are not limited to property lines, setback location to all new or existing walls, easements (if any), existing site utilities, including water, sewer, gas and electrical lines and any other new or existing site items which could affect in any way the construction of the building.
Flag or otherwise mark all locations of site property lines, easements (if any), underground utilities, and indicate utility type.
C. The Contractor or subcontractor shall notify TECHNE if any conflicts or discrepancy occurs between the information on this plan and actual field conditions. Do not proceed with work in conflict with these drawing until written or verbal instructions are issued by TECHNE.
D. Refer to Topographic Survey for additional information.
E. For further information regarding proposed retaining walls and site drainage system refer to Civil drawings.
F. Contour line shown are depicting existing grade. See Civil drawings for proposed contour lines.
PROPOSED LANDSCAPE SURFACE
VEHICULAR CIRCULATION
ACCESSIBLE PATH OF TRAVEL FROM ROW
PROPOSED KEYSTONE RETAINING WALL
PROPOSED PERMEABLE PAVERS
4 99 of 373
NO PARKING
w
DW
DW
02 03
04 05
06 07
123
01 KITCHEN
25'-534"
2'-958"
10'-034"
PROPERTY LINEN19°02'59"W 125.00'
PROPERTY LINEN19°02'59"W 125.00'
UPUP
FLOOR PLAN NOTES
FLOOR PLAN LEGEND
PROPOSED INTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
1 HOUR FIRE RATED PROPOSED INTERIOR WALL: 2X4 wood
stud @ 16" O.C. with 1 layer of 5/8" gypsum board on each side. . Per CBC 2019 Table 721.1(2).
PROPOSED EXTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
10'-3"
2'-958"
DRIVEWAY
UP
7'-658"
LIVING AREA
LIVING AREA
KITCHEN
16'-4"
6'-0"
CLR.
DINING
7'-634"
UP
8'-538" 4'-038"
CLR.
25'-512"
12'-634"12'-1034"
7'-11"
W/D
STORAGE
16'-218" 3'-0" 4'-0"
CLR.
2'-0"
DINING
ENTRY/
OPEN TO
ABOVE
ENTRY
3'-11"
CLR.
4'-034"
STORAGE
W/D
7'-458"3'-4"
4'-678"8'-138"
3'-11"
CLR.
3'-0"
CLR.
UNIT #2
F.F.E : +35.73'
UNIT #4
F.F.E : +35.73'
STAIRS 1
STAIRS 2
A401
1 A402
1 60'-0"
20'-2"22'-2"17'-8"
9'-1"
9'-034"
A403
2 AREA BELOW GRADE
OUTLINE OF PROPOSED
STRUCTURE ABOVE(N)
PL N70°56'52"E 60.00'
8.0%
SLOPE
8.0%
SLOPE
1.5%
SLOPE
EXISTING
ADJACENT
STRUCTURE
EXISTING
ADJACENT
STRUCTURE
312" U.N.O.
PROPOSED DOOR AND SYMBOL. See door schedule on A601 -
A602 for complete information
PROPOSED WINDOW AND SYMBOL. See window schedule on
A603 for complete information
A.The General Contractor or Sub-Contractor shall verify all conditions or dimensions on these plans in the field with actual site conditions.
B.Written dimensions shall take precedence over scaled dimensions and shall be verified on the job site. On-site verification of all dimensions and conditions shall be the sole responsibility of the General Contractor and Sub-Contractors.
C.The Contractor or sub-contractor shall notify TECHNE if any conflicts or discrepancy occurs between this information on this plan and actual field conditions.
D.Any discrepancies with this drawing affecting project layout shall be brought to the attention of TECHNE. Do not proceed with work until written or verbal instructions are issued by the Architect's office.
E.INSULATION: UNO per T24 R-15 Batt Insulation At All Exterior 2 X 4 Walls.
R-15 Batt Insulation at all accessible interior walls for sound control.
R-30 Batt Insulation at 2 X 10 Ceiling, Raised Floor & Roof Areas.
R-4.5 Insulation Wrap on All New Hot Water Piping.
R-4.5 Insulation Wrap on All New Supply Ducts.
F.SMOKE DETECTORS: Shall be installed in each bedroom, in access points to each sleeping area and in each story and basements. Detector shall have an alarm audible in all sleeping areas of the unit. Smoke alarms are required to be interconnected in such a manner that the activation of an alarm will activate all the alarms in the individual unit. Units shall be permanently wired to the building wiring and equipped with battery backup.
G.A mechanical exhaust ventilation system, supply ventilation system, or combination thereof shall be installed for each dwelling unit to provide whole-building ventilation with outdoor air in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission.
H.An intermittently or continuously operating local mechanical exhaust ventilation system shall be installed in each bathroom with a bathtub, shower, or similar moisture source and in each kitchen in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission. Intermittent local exhaust ventilation airflow rates shall be 50 cfm in bathrooms and 100 cfm in kitchens. Continuous local exhaust ventilation airflow rates shall be 20 cfm in the bathrooms and 5 air changes per hour in kitchens based on kitchen volume.
DIMENSIONS
·EXTERIOR WALL DIMENSIONS TO FACE OF FINISH ( U.N.O.)
·INTERIOR WALL DIMENSIONS TO CENTER LINE OF STUD ( U.N.O.) ·CLEARANCE DIMENSIONS ARE TO FACE OF FINISH MATERIALS, NOTED WITH CLR.
FLOOR PLAN KEYNOTES
1.LAUNDRY CENTER: Stacked washer and drier - Option 2
2.COOKING RANGE: Free standing electric.
3.MICROWAVE + RANGE HOOD: Installed over the range with vent.
4.REFRIGERATOR: 30" top freezer type - Option 2.
NOTE:
Refer to Mechanical drawing XXX for proposed appliance schedule. 2-34
1 1
4 2-3
REFUSE
&
RECYCLE
1'-938"
3'-4"
8'-338"
6'-11"
3'-0"
CLR.
5'-9"
7'-0"
6'-4"
CLR.
3'-0"
CLR.
7'-358"
4'-0"
A403
1 00
3 2'-10"9'-0"5'-10"
1 HOUR RATED
WALLS BELOW
STAIRS 1 HOUR RATED
WALLS BELOW
STAIRS
3'-0"
1'-912"
1'-1178"
6'-112"
5'-734"
2'-414"
1 HOUR FIRE RATED EXTERIOR WALL: 2X6 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED EXTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
1 HOUR FIRE RATED EXTERIOR WALL: 2X4 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED INTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
A4072 3
A409
2 3
5'-912"
36'-012" 25'-1112"
34'-612" 26'-712"
A507
2 A507
2 1 HOUR FIRE RATED EXTERIOR WALL: Concrete wall. Per CBC 2019 Table 721.1.
EXTERIOR WALL: Concrete wall. Thickness per structural
drawings
3'-0"
CLR.
STAIRWAY POSTS
PER STRUCTURAL 3'-11"
CLR.
16'-4" 18'-10"
3'-0"
CLR.
3'-0"
CLR.ELECTRICAL METER CLOSET
3'-0"CLR.
1'-938"
1'-3"
4546
-
A104
LOWER LEVEL
FLOOR PLAN -
PROPOSED
A104 LOWER FLOOR PLAN - PROPOSED - B.DWG
A.S, B.P, C.G, S.V., G.R., D.C., J.C.R., Y.Z.
Abhay Schwietzer, Michael R. Morton
2013
4/28/2021 2:31:51 PM
316 E 31st St.,
National City, CA 91950
2934 Lincoln Ave., San Diego, CA 92104
techne-us.com sustainablearchitect.org
o 619-940-5814 m 313-595-5814
CONSULTANTS
OWNER
MARKDATEDESCRIPTION
PROJECT NO:
CAD DWG FILE:
DRAWN BY:
CHK'D BY:
COPYRIGHT:
SHEET TITLE
SHEETOF
Torreyana Associates LLC
3974 Sorrento Valley Blvd. #910740,
San Diego, CA 92121
TECHNE expressly reserves its common law copyright and other property rights in this document. This document shall not be reproduced, copied, changed or disclosed in any form or manner whatsoever without first obtaining the express written consent of TECHNE. 50 1 04.01.21 1st Building Permit Submittal
RENEWAL
04/30/2021
C-19371
L I CENSED
A
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ITECT
STATE
O
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L
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MI CHAEL RENE
MORTON
SCALE: 1/4" = 1'-0"
2' 4' 08'
1SCALE: 1/4" = 1'-0"
LOWER LEVEL FLOOR PLAN - PROPOSED
TRUE
5 100 of 373
NO PARKING
w
DW
W/D
DW
CAST IRON
BATH BELLWETHERK-876
CAST IRONBATHBELLWETHERK-876
CAST IRONBATHBELLWETHERK-876
08 09
10 11
12 13
14 16
17 18
19 15
4 5
W/D
BEDROOM
(MEZZANINE
UNIT #2)
F.F.E.: +44.58'
18'-238"
17'-0"
9'-5"10'-434"
RAISED
OPEN AREA
PROPERTY LINE
N70°56'52"E 60.00'
PROPERTY LINEN19°02'59"W 125.00'
PROPERTY LINEN19°02'59"W 125.00'
3'-638"
UP
5'-512"
11'-014"
10'-1"
STAIRWAY 2 STAIRWAY 1
DRIVEWAY
8'-534"
BALCONY
111.88 SF
BEDROOM
(MEZZANINE)
UNIT #4
F.F.E.: +44.58'
CLOSET
OPEN TO
BELOW
3'-334"4'-938"
BATHROOM
6'-234"
5'-6"
13'-378"
8'-534"
10'-2" 5'-634"
6'-234" 10'-978"
7'-534"
ACCESSIBLE
UNIT #3
F.F.E.: +43.84'
7'-534"
UNIT #1
F.F.E.: +44.57'
5'-534" 2'-238" 11'-978"
12'-334"
25'-1112"
10'-014" 6'-1134"
10'-334"
MAILBOXES
WALK-IN
CLOSET
OPEN
CLOSET
OPEN TO
BELOW
BALCONY
66.42 SF
BATHROOM
2'-1112" 8'-534"
8'-834" 12'-1" 5'-534"
2'-038"
7'-938"
13'-534"
DRIVEWAY
5'-534"12'-134"8'-8"
8'-7"
6'-1058"
9'-5"
5'-534"
2'-138"5'-958"3'-078"
BATHROOM
ACCESSIBLE
BATHROOM
KITCHEN/
DINNING
LIVING AREA
KITCHEN/
DINNING
ENTRYENTRY PATIO PATIO
DNDN
UP
DN
DN
A401
2 A404
2 A405
2 A502
9 A402
2 A404
1 A405
1 A403
2 A403
1 FLOOR PLAN NOTES
FLOOR PLAN LEGEND
PROPOSED INTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
1 HOUR FIRE RATED PROPOSED INTERIOR WALL: 2X4 wood
stud @ 16" O.C. with 1 layer of 5/8" gypsum board on each side. . Per CBC 2019 Table 721.1(2).
PROPOSED EXTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
312" U.N.O.
PROPOSED DOOR AND SYMBOL. See door schedule on
A601-A602 for complete information
PROPOSED WINDOW AND SYMBOL. See window schedule on
A603 for complete information
A.The General Contractor or Sub-Contractor shall verify all conditions or dimensions on these plans in the field with actual site conditions.
B.Written dimensions shall take precedence over scaled dimensions and shall be verified on the job site. On-site verification of all dimensions and conditions shall be the sole responsibility of the General Contractor and Sub-Contractors.
C.The Contractor or sub-contractor shall notify TECHNE if any conflicts or discrepancy occurs between this information on this plan and actual field conditions.
D.Any discrepancies with this drawing affecting project layout shall be brought to the attention of TECHNE. Do not proceed with work until written or verbal instructions are issued by the Architect's office.
E.INSULATION: R-15 Batt Insulation At All Exterior 2 X 4 Walls.
R-15 Batt Insulation at all accessible interior walls for sound control.
R-30 Batt Insulation at 2 X 10 Ceiling, Raised Floor & Roof Areas.
R-4.5 Insulation Wrap on All New Hot Water Piping.
R-4.5 Insulation Wrap on All New Supply Ducts.
F.SMOKE DETECTORS: Shall be installed in each bedroom, in access points to each sleeping area and in each story and basements. Detector shall have an alarm audible in all sleeping areas of the unit. Smoke alarms are required to be interconnected in such a manner that the activation of an alarm will activate all the alarms in the individual unit. Units shall be permanently wired to the building wiring and equipped with battery backup.
G.A mechanical exhaust ventilation system, supply ventilation system, or combination thereof shall be installed for each dwelling unit to provide whole-building ventilation with outdoor air in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission.
H.An intermittently or continuously operating local mechanical exhaust ventilation system shall be installed in each bathroom with a bathtub, shower, or similar moisture source and in each kitchen in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission. Intermittent local exhaust ventilation airflow rates shall be 50 cfm in bathrooms and 100 cfm in kitchens. Continuous local exhaust ventilation airflow rates shall be 20 cfm in the bathrooms and 5 air changes per hour in kitchens based on kitchen volume.
DIMENSIONS
·EXTERIOR WALL DIMENSIONS TO FACE OF FINISH ( U.N.O.)
·INTERIOR WALL DIMENSIONS TO CENTER LINE OF STUD ( U.N.O.) ·CLEARANCE DIMENSIONS ARE TO FACE OF FINISH MATERIALS, NOTED WITH CLR.
FLOOR PLAN KEYNOTES
1.LAUNDRY CENTER: Combo washer and ventless dryer - Option1
2.COOKING RANGE: Free standing electric.
3.MICROWAVE + RANGE HOOD: Installed over the range with vent.
4.REFRIGERATOR: 30" top freezer type - Option 2.
NOTE:
Refer to Mechanical drawing XXX for proposed appliance schedule. 00 3
1 HOUR FIRE RATED EXTERIOR WALL: Concrete wall. Per CBC 2019 Table 721.1.
1 HOUR FIRE RATED EXTERIOR WALL: 2X6 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED EXTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
1 HOUR FIRE RATED EXTERIOR WALL: 2X4 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED INTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
A4062
3A408 2
3 PROPOSED 42"
TALL FENCE
PROPOSED 42"
TALL FENCE
PROPOSED 42"
TALL GUARDRAIL PROPOSED 42"
TALL GUARDRAIL
12"12"
3'-1134"3'-1178"
20'-2"
5'-512"
3'-4"3'-338"
6'-738"
6'-714"3'-912"
10'-434"
6'-578"4'-4"
3'-178" 2'-478"
4'-4"8'-1178"738"
2'-478"2'-918"
2'-538"3'-534"4'-858"
1'-612"1'-612"
25'-1112"25'-1112"
62'-0"
1'-914"6'-878"
A501
6 A501
6 A507
5 A507
5 SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
738"
26'-712"26'-712"
13'-1114"
17'-8"
1 4
2,3
1 4
2,3
5'-634" 11'-514" 5'-634"
EXTERIOR WALL: Concrete wall. Thickness per structural
drawings
-
A105
FIRST FLOOR PLAN
- PROPOSED
A105 FIRST FLOOR PLAN - PROPOSED - C.DWG
A.S, B.P, C.G, S.V., G.R., D.C., J.C.R., Y.Z.
Abhay Schwietzer, Michael R. Morton
2013
4/28/2021 3:25:16 PM
316 E 31st St.,
National City, CA 91950
2934 Lincoln Ave., San Diego, CA 92104
techne-us.com sustainablearchitect.org
o 619-940-5814 m 313-595-5814
CONSULTANTS
OWNER
MARKDATEDESCRIPTION
PROJECT NO:
CAD DWG FILE:
DRAWN BY:
CHK'D BY:
COPYRIGHT:
SHEET TITLE
SHEETOF
Torreyana Associates LLC
3974 Sorrento Valley Blvd. #910740,
San Diego, CA 92121
TECHNE expressly reserves its common law copyright and other property rights in this document. This document shall not be reproduced, copied, changed or disclosed in any form or manner whatsoever without first obtaining the express written consent of TECHNE. 50 1 04.01.21 1st Building Permit Submittal
RENEWAL
04/30/2021
C-19371
L I CENSED
A
R
CH
ITECT
STATE
O
F
C
A
L
IFORN I A
MI CHAEL RENE
MORTON
SCALE: 1/4" = 1'-0"
2' 4' 08'
1SCALE: 1/4" = 1'-0"
FIRST FLOOR PLAN - PROPOSED
TRUE
6 101 of 373
CAST IRONBATHBELLWETHERK-876
WH
CAST IRONBATH BELLWETHER
K-876
DW
CAST IRONBATHBELLWETHERK-876
CAST IRONBATH BELLWETHER
K-876
WH
WH
WH
DW
DWDW
30 26
24 22
20 21
27 28
31 32
34 36
37 38
40 39
54 53
48 43
44 50
52 42
55 56
58 60
61 62
63 65
6 8
7 9
2329
3541
5147
6459
25 33
49 57
KITCHEN
BEDROOM 1BEDROOM 2
BATHROOM
W/D
CLOSETCLOSET
BALCONY
2'-10
18"
9'-634"
PROPERTY LINE
N70°56'52"E 60.00'
PROPERTY LINEN19°02'59"W 125.00'
PROPERTY LINEN19°02'59"W 125.00'
UP
DN
UP
DN
DINING
KITCHEN
BEDROOM 1 BEDROOM 2
BATHROOM
W/D
CLOSET CLOSET
DINING
KITCHEN
BEDROOM 1 BEDROOM 2
BATHROOM
W/D
CLOSET CLOSET
DINING
KITCHEN
BEDROOM 1BEDROOM 2
BATHROOM
W/D
CLOSETCLOSET
LIVING AREA
DINING
UNIT # 5
F.F.E.: +53.77'
UNIT # 7
F.F.E.: +53.77'
STAIRWAY 1STAIRWAY 2
LIVING AREA
LIVING AREA LIVING AREA
A401
3 A402
3 UNIT # 6
F.F.E.: +53.77'
UNIT # 8
F.F.E.: +53.77'
DEMISING
WALL
A405
2 A410
1 A405
1 A410
1 A405
2 A410
1 A405
1 A410
1 BALCONY
BALCONY BALCONY
A504
8 2,3
4 5
1 FLOOR PLAN NOTES
FLOOR PLAN LEGEND
PROPOSED INTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
1 HOUR FIRE RATED PROPOSED INTERIOR WALL: 2X4 wood
stud @ 16" O.C. with 1 layer of 5/8" gypsum board on each side. . Per CBC 2019 Table 721.1(2).
PROPOSED EXTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
PROPOSED DOOR AND SYMBOL. See door schedule on
A601-A602 for complete information
PROPOSED WINDOW AND SYMBOL. See window schedule on
A603 for complete information
FLOOR PLAN KEYNOTES
NOTE:
Refer to Mechanical drawing XXX for proposed appliance schedule. 00 3
1 HOUR FIRE RATED EXTERIOR WALL: 2X6 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED EXTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
1 HOUR FIRE RATED EXTERIOR WALL: 2X4 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED INTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
A.The General Contractor or Sub-Contractor shall verify all conditions or dimensions on these plans in the field with actual site conditions.
B.Written dimensions shall take precedence over scaled dimensions and shall be verified on the job site. On-site verification of all dimensions and conditions shall be the sole responsibility of the General Contractor and Sub-Contractors.
C.The Contractor or sub-contractor shall notify TECHNE if any conflicts or discrepancy occurs between this information on this plan and actual field conditions.
D.Any discrepancies with this drawing affecting project layout shall be brought to the attention of TECHNE. Do not proceed with work until written or verbal instructions are issued by the Architect's office.
E.INSULATION: UNO per T24 R-15 Batt Insulation At All Exterior 2 X 4 Walls.
R-15 Batt Insulation at all accessible interior walls for sound control.
R-30 Batt Insulation at 2 X 10 Ceiling, Raised Floor & Roof Areas.
R-4.5 Insulation Wrap on All New Hot Water Piping.
R-4.5 Insulation Wrap on All New Supply Ducts.
F.SMOKE DETECTORS: Shall be installed in each bedroom, in access points to each sleeping area and in each story and basements. Detector shall have an alarm audible in all sleeping areas of the unit. Smoke alarms are required to be interconnected in such a manner that the activation of an alarm will activate all the alarms in the individual unit. Units shall be permanently wired to the building wiring and equipped with battery backup.
G.A mechanical exhaust ventilation system, supply ventilation system, or combination thereof shall be installed for each dwelling unit to provide whole-building ventilation with outdoor air in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission.
H.An intermittently or continuously operating local mechanical exhaust ventilation system shall be installed in each bathroom with a bathtub, shower, or similar moisture source and in each kitchen in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission. Intermittent local exhaust ventilation airflow rates shall be 50 cfm in bathrooms and 100 cfm in kitchens. Continuous local exhaust ventilation airflow rates shall be 20 cfm in the bathrooms and 5 air changes per hour in kitchens based on kitchen volume.
DIMENSIONS
·EXTERIOR WALL DIMENSIONS TO FACE OF FINISH ( U.N.O.)
·INTERIOR WALL DIMENSIONS TO CENTER LINE OF STUD ( U.N.O.) ·CLEARANCE DIMENSIONS ARE TO FACE OF FINISH MATERIALS, NOTED WITH CLR.
EMERGENCY ACCESS LADDER
TO ROOF
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
1.LAUNDRY CENTER: Stacked washer and drier - Option 2
2.COOKING RANGE: Free standing electric.
3.MICROWAVE + RANGE HOOD: Installed over the range with vent.
4.REFRIGERATOR: 36" side by side type - Option 1.
5.WATER HEATER: Hybrid Water Heater 40 gal.
A501
6 A501
6 A507
5 ℄
2'-10
18"
9'-634"
2,3
4 5
1 A507
5 11'-134"2'-434"8'-534"4'-114"
29'-9"
6'-0"
7'-9" 8'-812" 10'-534"
6'-434"
5'-434"
17'-212" 2'-434"
11'-134"
6'-434"4'-1"8'-334"
CLR.
5'-2"
9'-3"
2'-238"
74'-0"
7'-938"
4'-712"
61'-6"
16'-658"
59'-6"
6'-3"
2'-238" 4'-334"
CLR.
26'-814"
4'-1138"
CLR.
4'-7"3'-0"
CLR.
3'-0"
CLR.
2'-9"3'-0"
CLR.
7'-018"
2'-434"
3'-634"4'-414"
2'-1"
2'-0"
1'-1178"
3'-358" 3'-238"
1'-978"
6'-0"
CLR.
312" U.N.O.
4'-4"
1'-878"
6'-1118"
10'-534"8'-812"7'-9"3'-034"
1'-11"
3'-634"
9'-734"3'-11"
3'-1"
3'-178"4'-918"
11'-134" 2'-434" 8'-534" 4'-114"
11'-134"2'-434"8'-534"4'-114"
29'-9"
6'-0"
7'-9"8'-812"10'-534"
6'-434"
5'-434"
2'-434"
11'-134"
6'-434" 4'-1" 8'-334"
CLR.
5'-2"
9'-3"
2'-238"
74'-0"
7'-938"
4'-712"
61'-6"
16'-658"
6'-3"
2'-238"4'-334"
CLR.
26'-814"
7'-018"
2'-434"
3'-634" 4'-414"
2'-1"
2'-0"
1'-1178"
3'-358"3'-238"
1'-978"
4'-4"
1'-878"
6'-1118"
10'-534" 8'-812" 7'-9" 3'-034"
1'-11"
3'-634"
9'-734"3'-11"
3'-1"
3'-178" 4'-918"
11'-134" 2'-434" 8'-534" 4'-114"
60'-0"
A507
5 A507
5 A501
6 A501
6 A510
8 A510
8 1 HOUR FIRE RATED EXTERIOR WALL: Concrete wall. Per CBC 2019 Table 721.1.
EXTERIOR WALL: Concrete wall. Thickness per structural
drawings
3'-634"
1'-238"
3'-178"3'-658"3'-634"
1'-238"
3'-178" 3'-658"
-
SCALE: 1/4" = 1'-0"
2' 4' 08'
A106
SECOND FLOOR
PLAN - PROPOSED
A106 SECOND FLOOR PLAN - PROPOSED.DWG
A.S, B.P, C.G, S.V., G.R., D.C., J.C.R., Y.Z.
Abhay Schwietzer, Michael R. Morton
2013
4/28/2021 4:04:26 PM
316 E 31st St.,
National City, CA 91950
2934 Lincoln Ave., San Diego, CA 92104
techne-us.com sustainablearchitect.org
o 619-940-5814 m 313-595-5814
CONSULTANTS
OWNER
MARKDATEDESCRIPTION
PROJECT NO:
CAD DWG FILE:
DRAWN BY:
CHK'D BY:
COPYRIGHT:
SHEET TITLE
SHEETOF
Torreyana Associates LLC
3974 Sorrento Valley Blvd. #910740,
San Diego, CA 92121
TECHNE expressly reserves its common law copyright and other property rights in this document. This document shall not be reproduced, copied, changed or disclosed in any form or manner whatsoever without first obtaining the express written consent of TECHNE. 50 1 04.01.21 1st Building Permit Submittal
RENEWAL
04/30/2021
C-19371
L I CENSED
A
R
CH
ITECT
STATE
O
F
C
A
L
IFORN I A
MI CHAEL RENE
MORTON
1SCALE: 1/4" = 1'-0"
SECOND FLOOR PLAN - PROPOSED
TRUE
7 102 of 373
CAST IRONBATHBELLWETHERK-876
WH
CAST IRONBATH BELLWETHER
K-876
CAST IRONBATHBELLWETHERK-876
CAST IRONBATH BELLWETHER
K-876
WH
WH
WH
DW DW
DWDW
77 76
70 69
68 66
72 74
75 73
78 79
81 82
83 84
85 86
87 88
99 98
93 92
91 89
90 95
96 97
100
101
103
104
105
106
107
108
109
110
10 11
12 13
71 80
94 102
3'-11"
2'-9"
12'-9"DN
DN
UNIT # 9
F.F.E.: +62.73'
UNIT # 11
F.F.E.: +62.73'
STAIRWAY 1
STAIRWAY 2
4'-1138"
CLR.
7'-9"
3'-0"
CLR.
3'-0"
CLR.
5'-9"
UNIT # 10
F.F.E.: +62.73'
UNIT # 12
F.F.E.: +62.73'
6'-0"
FLOOR PLAN NOTES
FLOOR PLAN LEGEND
PROPOSED INTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
1 HOUR FIRE RATED PROPOSED INTERIOR WALL: 2X4 wood
stud @ 16" O.C. with 1 layer of 5/8" gypsum board on each side. . Per CBC 2019 Table 721.1(2).
PROPOSED EXTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
312" U.N.O.
PROPOSED DOOR AND SYMBOL. See door schedule on
A601-A602 for complete information
PROPOSED WINDOW AND SYMBOL. See window schedule on
A603 for complete information
FLOOR PLAN KEYNOTES
1.LAUNDRY CENTER: Stacked washer and drier - Option 2
2.COOKING RANGE: Free standing electric.
3.MICROWAVE + RANGE HOOD: Installed over the range with vent.
4.REFRIGERATOR: 36" side by side type - Option 1.
5.WATER HEATER: Hybrid Water Heater 40 gal.
NOTE:
Refer to Mechanical drawing XXX for proposed appliance schedule. 1 HOUR FIRE RATED EXTERIOR WALL: 2X6 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED EXTERIOR WALL: 2X4 wood stud @ 16" O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside.
1 HOUR FIRE RATED EXTERIOR WALL: 2X4 wood stud @ 16"
O.C. with 1 layer of 58" gypsum board inside, 38" sheathing + 78" stucco on outside. Per CBC 2019 Table 721.1.
PROPOSED INTERIOR WALL: 2X6 wood stud @ 16" O.C. with 1 layer of 58" gypsum board on each side.
A.The General Contractor or Sub-Contractor shall verify all conditions or dimensions on these plans in the field with actual site conditions.
B.Written dimensions shall take precedence over scaled dimensions and shall be verified on the job site. On-site verification of all dimensions and conditions shall be the sole responsibility of the General Contractor and Sub-Contractors.
C.The Contractor or sub-contractor shall notify TECHNE if any conflicts or discrepancy occurs between this information on this plan and actual field conditions.
D.Any discrepancies with this drawing affecting project layout shall be brought to the attention of TECHNE. Do not proceed with work until written or verbal instructions are issued by the Architect's office.
E.INSULATION: UNO per T24 R-15 Batt Insulation At All Exterior 2 X 4 Walls.
R-15 Batt Insulation at all accessible interior walls for sound control.
R-30 Batt Insulation at 2 X 10 Ceiling, Raised Floor & Roof Areas.
R-4.5 Insulation Wrap on All New Hot Water Piping.
R-4.5 Insulation Wrap on All New Supply Ducts.
F.SMOKE DETECTORS: Shall be installed in each bedroom, in access points to each sleeping area and in each story and basements. Detector shall have an alarm audible in all sleeping areas of the unit. Smoke alarms are required to be interconnected in such a manner that the activation of an alarm will activate all the alarms in the individual unit. Units shall be permanently wired to the building wiring and equipped with battery backup.
G.A mechanical exhaust ventilation system, supply ventilation system, or combination thereof shall be installed for each dwelling unit to provide whole-building ventilation with outdoor air in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission.
H.An intermittently or continuously operating local mechanical exhaust ventilation system shall be installed in each bathroom with a bathtub, shower, or similar moisture source and in each kitchen in compliance with ASHRAE Standard 62.2 as adopted by the California Energy Commission. Intermittent local exhaust ventilation airflow rates shall be 50 cfm in bathrooms and 100 cfm in kitchens. Continuous local exhaust ventilation airflow rates shall be 20 cfm in the bathrooms and 5 air changes per hour in kitchens based on kitchen volume.
I.Special Features per CF1R form: Ceiling has high level of insulation.
DIMENSIONS
·EXTERIOR WALL DIMENSIONS TO FACE OF FINISH ( U.N.O.)
·INTERIOR WALL DIMENSIONS TO CENTER LINE OF STUD ( U.N.O.) ·CLEARANCE DIMENSIONS ARE TO FACE OF FINISH MATERIALS, NOTED WITH CLR. 1'-712"
ROOF ACCESS
LADDER
KITCHEN
BEDROOM 1BEDROOM 2
BATHROOM
W/D
CLOSETCLOSET
BALCONY
2'-10
18"
9'-634"
PROPERTY LINE
N70°56'52"E 60.00'
PROPERTY LINEN19°02'59"W 125.00'
PROPERTY LINEN19°02'59"W 125.00'
DINING
KITCHEN
BEDROOM 1 BEDROOM 2
BATHROOM
W/D
CLOSET CLOSET
DINING
KITCHEN
BEDROOM 1 BEDROOM 2
BATHROOM
W/D
CLOSET CLOSET
DINING
KITCHEN
BEDROOM 1BEDROOM 2
BATHROOM
W/D
CLOSETCLOSET
LIVING AREA
DINING
LIVING AREA
LIVING AREA LIVING AREA
A401
3 A402
3 DEMISING
WALL
A405
2 A410
1 A405
1 A410
1 A405
2 A410
1 A405
1 A410
1 BALCONY
BALCONY BALCONY
A504
8 2,3
4 5
1 EMERGENCY ACCESS LADDER
TO ROOF
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
SLOPE
14" : 12"
A501
6 A501
6 A507
5 ℄
2'-10
18"
9'-634"
2,3
4 5
1 A507
5 11'-134"2'-434"8'-534"4'-114"
29'-9"
6'-0"
7'-9" 8'-812" 10'-534"
6'-434"
5'-434"
17'-212" 2'-434"
11'-134"
6'-434"4'-1"8'-334"
CLR.
5'-2"
9'-3"
2'-238"
74'-0"
7'-938"
4'-712"
61'-6"
16'-658"
59'-6"
6'-3"
2'-238" 4'-334"
CLR.
26'-814"
7'-018"
2'-434"
3'-634"4'-414"
2'-1"
2'-0"
1'-1178"
3'-358" 3'-238"
1'-978"
6'-0"
CLR.
4'-4"
1'-878"
6'-1118"
10'-534"8'-812"7'-834"3'-1"
1'-11"
3'-634"
9'-734"3'-11"
3'-1"
3'-178"4'-918"
11'-134" 2'-434" 8'-534" 4'-114"
11'-134"2'-434"8'-534"4'-114"
29'-9"
6'-0"
7'-9"8'-812"10'-534"
6'-434"
5'-434"
2'-434"
11'-134"
6'-434" 4'-1" 8'-334"
CLR.
5'-2"
9'-3"
2'-238"
74'-0"
7'-938"
4'-712"
61'-6"
16'-658"
6'-3"
2'-238"4'-334"
CLR.
26'-814"
7'-018"
2'-434"
3'-634" 4'-414"
2'-1"
2'-0"
1'-1178"
3'-358"3'-238"
1'-978"
4'-4"
1'-878"
6'-1118"
10'-534" 8'-812" 7'-834" 3'-1"
1'-11"
3'-634"
9'-734"3'-11"
3'-1"
3'-178" 4'-918"
11'-134" 2'-434" 8'-534" 4'-114"
60'-0"
A507
5 A507
5 A501
6 A501
6 A510
8 A510
8 1 HOUR FIRE RATED EXTERIOR WALL: Concrete wall. Per CBC 2019 Table 721.1.
EXTERIOR WALL: Concrete wall. Thickness per structural
drawings
3'-634"
1'-238"
3'-178"3'-658"3'-634"
1'-238"
3'-178" 3'-658"
-
SCALE: 1/4" = 1'-0"
2' 4' 08'
A107
THIRD FLOOR PLAN
- PROPOSED
A107 THIRD FLOOR PLAN - PROPOSED.DWG
A.S, B.P, C.G, S.V., G.R., D.C., J.C.R., Y.Z.
Abhay Schwietzer, Michael R. Morton
2013
4/28/2021 4:00:33 PM
316 E 31st St.,
National City, CA 91950
2934 Lincoln Ave., San Diego, CA 92104
techne-us.com sustainablearchitect.org
o 619-940-5814 m 313-595-5814
CONSULTANTS
OWNER
MARKDATEDESCRIPTION
PROJECT NO:
CAD DWG FILE:
DRAWN BY:
CHK'D BY:
COPYRIGHT:
SHEET TITLE
SHEETOF
Torreyana Associates LLC
3974 Sorrento Valley Blvd. #910740,
San Diego, CA 92121
TECHNE expressly reserves its common law copyright and other property rights in this document. This document shall not be reproduced, copied, changed or disclosed in any form or manner whatsoever without first obtaining the express written consent of TECHNE. 50 1 04.01.21 1st Building Permit Submittal
RENEWAL
04/30/2021
C-19371
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STATE
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IFORN I A
MI CHAEL RENE
MORTON
1SCALE: 1/4" = 1'-0"
THIRD FLOOR PLAN - PROPOSED
TRUE
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1 No Fees per Government Code 6103 ]
RECORDING REQUESTED BY: ]
National City Housing Authority ]
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WHEN RECORDED MAIL TO: ]
National City Housing Authority ]
Attention: Executive Director ]
1243 National City Boulevard ]
National City, CA 91950 ]
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
(316 East 31st Street)
THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (“Agreement”) is dated as of the __ day of May, 2022, by and between the City of National City (“City”), and Torreyana Associates LLC, a California limited liability company (“Developer”).
WHEREAS, Developer is the owner of that certain real property generally located at 316 East 31st Street, in the City of National City, County of San Diego, more particularly described in Exhibit “A” attached hereto (“Property”); and
WHEREAS, Developer has applied to the City for a density bonus pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, provided, however, the Developer has independently and of its own free will chosen not to increase the density of the Development to be built at the Property. Rather, the Developer is electing to only take the three (3 ) waivers, incentive s, and concessions (as defined in Government Code Section 65 915 and Sections 18.48.040 of the National City Municipal Code) in exchange for providing the Affordable Unit, as defined below; and
WHEREAS, Developer proposes to develop a total of twelve (12) housing units on the Property (“Development”) and restrict the rent and occupancy of one (1) 811 square foot studio residential dwelling unit (“Affordable Unit”) to lower-income households in exchange for the three (3) waivers, incentives and concessions; and
WHEREAS, This Agreement will serve to memorialize Developer’s obligation to provide the Affordable Unit, the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development.
NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows:
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2 1. Acknowledgement of Incentives . Developer acknowledges and agrees that the Development is entitled to and is receiving three (3 ) waivers, incentive s, and concessions as follows: (1) the parking ratio of 1 parking space per one–bedroom unit and 1.5 parking spaces per two–bedroom units, totaling 16 parking spaces; (2) the reduction of total parking spaces from 16 spaces to 12 spaces; and (3) a waiver from common open space requirements , pursuant to and in accordance with Government Code 65915.
2. Developer Covenants. Pursuant to and in consideration of the waivers, incentives, and concessions, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement the 811 square foot studio residential dwelling unit on the Property (designated as Unit 4 (Standard) (Lower Level + Mezzanine) on those certain plans for the project by Techne Design Development, 1st Building Permit Submittal dated April 1, 2021) shall be rented and occupied as the Affordable Unit as set forth in this Agreement . As used herein , the term “Affordable Unit” shall refer to the one (1) residential dwelling unit on the Property held available strictly in accordance with the terms and conditions set forth in this Agreement.
3. Affordability Restrictions.
(a) Area Median Income. As used herein, “Area Median Income” shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Hous ing and Community Development (“ HCD”) and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income.
(b) Occupancy Restrictions. During the term of this Agreement, the Affordable Unit shall be occupied by a h ousehold whose income does not exceed the very low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below fifty percent (50%) of the Area Median Income.
(c) Rent Amount. During the term of this Agreement, the monthly rental rate for the Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for the Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the studio Affordable Unit shall be calculated using fifty percent (50%) of the Area Median Income for a 1-person household.
4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit:
(a) No Relationship With Developer . The Affordable Unit shall not be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners , or shareholders of Developer or in any entity having an ownership in Developer or in the Property. 105 of 373
3 (b) No Full-Time Students. The Affordable Unit shall not be occupied or leased to any household comprised exclusively of persons who are full -time students, unless such persons a re eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit.
The term “full-time student” shall be defined as any person who will be or has been a full -time student during five calendar months of the calendar y ear in question at an educational institution (other than a correspondence school) with regular faculty and students.
(c) No Student Dependents . Notwithstanding the provisions of section 4(b), the Affordable Unit shall not be occupied or leased to any student dependent as defined in the U.S.
Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit.
(d) No Owners of Real Property. The Affordable Unit shall not be occupied or leased to any person or any household comprised of one or more persons who own real property.
(e) Liquid Asset Limitation . The Affordable Unit shall not be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate valu e exceeds, at the time of determination of eligibility, eighty percent (80%) of the then-current annual Area Median Income. As used herein, the term “liquid assets” refers to cash and assets which are readily convertible to cash within a reasonable period , including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term “liquid assets” shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty.
(f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement.
(g) Eligible Tenants - Increased Income. If as a result of the annual recertification procedure described in Section 7 below any household which was previously determined to be eligible to occupy the Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings.
Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference betwee n the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no event exceed a period of six (6) months, at which time Developer’s failure to provide the Affordable Unit to a household eli gible hereunder shall constitute a material default under this Agreement.
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4 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City.
6. Deed of Trust.
(a) Execution and Recordation . Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement (“Deed of Trust”). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement.
(b) Foreclosure on the Property . In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days ’ written notice from the Cit y, shall: (i) execute, acknowledge , and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge, and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) r eimburse the City for all of its attorneys’ fees and costs in connection with the foregoing, including all costs, attorneys’ fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any.
7. Verification of Eligibility. The Affordable Unit shall not be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligibl e and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement.
Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Unit is being occupied by eligible tenants. Said certification shall be on forms acceptable to the City.
8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the Affordable Unit and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development’s Uniform Physical Conditions Standards . The City shall have the right to inspect the Affordable Unit and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days’ notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate enforcement authorit ies. Any deficiencies in the physical condition of the Affordable Unit shall be corrected by Developer at Developer’s expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Develop er. Failure to maintain the unit(s) and the 107 of 373
5 Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement.
9. Interpretation and Construction. If an y provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein.
10. Design, Construction and Occupancy Schedule for the Affordable Unit . The Affordable Unit shall receive final inspection approval no later than the date that the market-rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Unit.
The Ci ty Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause.
11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City , the National City Housing Au thority, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants, and employees (the “Indemnitees”) from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental , or operation of the Development, the Property , and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend , or hold harmless any of the Indemnitees from claims, losses, damages, costs , and expenses related to the sole negligence or willful misconduct of the Indemnitees.
12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees . Developer shall not sell, transfer, or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer’s obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement . Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement.
13. Damages; Enforcement; Remedies; Security.
(a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue 108 of 373
6 any and all actions or proceedings, at law or i n equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days’ written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising f rom such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder to assure compliance with this Agreement.
Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries.
The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically dete rmined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil , or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law.
(b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following thirty (30) days’ written notice to Developer from the City (or up to one hundred sixty (160) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Unit, at the sole option of the City, the City shall be entitled to t he following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment:
(1) Damages For Specific Breach . The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory da mages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Unit (ii) the rents actually collected by Developer for the Affordable Unit for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer’s cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law.
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7 (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than ninety (90) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer’s obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating a rental unit equivalent to the Affordab le Unit, (ii) procuring such unit (through purchase, lease , or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Unit, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate D eveloper’s performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City’s delivery of such written notice, in complete liquidation of t he City’s future monetary damages and Developer’s future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for a “Comparable Market Rate Unit” (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Unit, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City.
Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City’s election to accelerate Developer’s performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys’ fees, costs of suit, title insurance charges, foreclosure costs, and other out-of-pocket expenses reasonably incurred in recovering such liquidated amount.
14. Monitoring Fees . Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement.
15. General Provisions.
(a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant , or condition of this Agreement or of any provisions, ordinance or law , shall not be deemed to be a 110 of 373
8 waiver of any other term, covenant, condition, ordinan ce, or law or any subsequent breach o r violation of the same or of any other term, covenant, condition, ordinance, or law.
(b) Costs and Attorneys’ Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert, and attorney’s fees expended in connection with such an action from the other party.
(c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens . City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement.
(d) Integration. The undersigned, and each of them, ac knowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter.
(e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement.
(f) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counter parts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart.
(g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Ove rnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties.
If to City: City of National City
Attention: City Manager
1243 National City Boulevard
National City, CA 91950
If to Developer: Torreyana Associates LLC
3974 Sorrento Valley Blvd., #910740
San Diego, CA 92121
(h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference.
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9 (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Development, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property.
16. Risk of Market Conditions . Developer shall bear sole responsibility for developing, constructing, and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City.
17. Signature Authority . All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, cons ervator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign, and bind the respective entity or principal on whose behalf he or she is signing.
CITY:
City of National City
By: ______________________________
Brad Raulston, City Manager
APPROVED AS TO FORM:
Charles Bell Jr., City Attorney
By:_____________________________
Jennifer K. Gilman
Deputy City Attorney
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
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10 DEVELOPER:
Torreyana Associates LLC, a California limited liability company
By:_______________________________
Sherman Antao, Member
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11 ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 20 22, before me, _________________________________, notary public, personally appeared __________________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify u nder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
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12 ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 20 22, before me, _________________________________, notary public, personally appeared __________________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/th eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
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13 EXHIBIT “A”
Legal Description of the Property
That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows:
THE WESTERLY 60 FEET OF THE EASTERLY 160 FEET OF THE NORTH 145 FEET OF THE EAST HALF OF THE EAST HALF OF 10 ACRE LOT 8, QUARTER SECTION 152 OF
RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE COUNTY RECORDER’S OFFICE OF SAID SAN DIEGO COUNTY, MAY 11, 1869.
ASSESSORS PARCEL NUMBER: 562-252-05-00
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No Fees per Government Code 6103
Recording Requested By:
National City Housing Authority
When Recorded Mail To:
National City Housing Authority
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
PERFORMANCE DEED OF TRUST
(316 East 31'1 Street)
THIS DEED OF TRUST is dated as of the� day of May, 2022, between Torreyana Associates LLC, a· California limited liability company ("Trustor"), whose address is 3974 Sorrento Valley Blvd., #910740, San Diego, California 92121, Lawyers Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950.
TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as ("Property''):
(See Legal Description - Exhibit "A")
FOR THE PURPOSE OF SECURING:
(1) The timely perfonnance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications, or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and
(2) The performance of each agreement contained in this Deed of Trust.
A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust.
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No Fees per Government Code 6103
Recording Requested By:
When Recorded Mail To:
National City Housing Authority
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
SUBORDINATION AGREEMENT
(316 East 31st Street)
THIS
SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated as of the __ day of ______________, 2022, by the City of National City (“Cit y”), Torreyana Associates LLC, a California limited liability company ( “Borrower”) and Darshan Jetly, an individual (“Lender”).
RECITALS
A. Borr
ower is the owner of certain real property generally located at 316 East 31 st Street, in the City of National City , County of San Diego, California (“Property”), as more particularly described in that certain Deed of Trust dated as of September 10, 2020, and recorded in the Office of the Recorder of the County of San Diego, State of California on September 14, 2020, as Instrument No. 2020-0533854 (“Lender Deed of Trust”).
B. Conc
urrently with recordation of this Subordination Agreement, Borrower is causing the following to be recorded against the Property in the Office of the Recorder of the County of San Diego, State of California: (i) an Affordable Housing Density Bonus Agreement (316 East 31st Street) (“Density Bonus Agreement”) by and between the City and Borrower; and (ii) a Deed of Trust (“City Deed of Trust”) executed by the Borrower in favor of the City.
C. City, Lender, and Borrower all agree and desire to execute this Subordination Agree
ment to memorialize their understanding and agreement with regard to the respective priorities of each of the above-referenced documents. It is the intention of the parties that the Density Bonus Agreement shall unconditionally be and remain at all times a lien, claim, and charge
on the Property prior and superior to the Lender Deed of Trust and that the Lender Deed of Trust shall unconditionally be and remain at all times a lien, claim and charge on the Property prior and
superior to the City Deed of Trust.
NOW
, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the City, Lender and Borrower hereby agree as follows:
AGREEM
ENT
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1. Subordination of the Lender Deed of Trust to the Density Bonus Agreement. The Lender Deed of Trust, together with all rights and privileges of Lender and Borrower thereunder, are hereby irrevocably and unconditionally made subordinate to and subject to the Density Bonus Agreement and the Density Bonus Agreement is and will remain at all times, a lien, claim, and
charge on the Property prior and superior to the Lender Deed of Trust and to all rights and privileges of Lender and Borrower thereunder; provided, however, that a violation of the Density Bonus Agreement shall not defeat, render invalid,
or limit the Lender Deed of Trust.
2. Subordination of the City Deed of Trust to the Lender Deed of Trust. The City Deed of Trust, together with all rights and privileges of the City and Borrower thereunder, are hereby irrevocably and unconditionally made subordinate to and subject to the Lender Deed of Trust and the Lender Deed of Trust will remain at all times a lien, claim, and charge on the Property prior
and superior to the City Deed of Trust and all rights and privileges of the City and Borrower thereunder.
3. Notices. City, Lender and Borrower agree to give to each other copies of all notices of events of default under their respective documents. All notices given under this Subordination Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties.
If to the City: City of National City
Attention: City Manager
1243 National City Boulevard
National City, CA 91950
If to Borrower: Torreyana Associates LLC
3974 Sorrento Valley Blvd., #910740
San Diego, CA 92121
If to Lender: Darshan Jetly
11316 Laurelcrest Drive
San Diego, CA 92130
4. Whole Agreement; Binding Effect. This Subordination Agreement is the whole and only agreement with regard to the priority of the lien, claim and charge of the Density Bonus Agreement, the Lender Deed of Trust and the City
Deed of Trust. This Subordination Agreement
is binding on and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties.
5. Attorney’s Fees. If any party to this Subordination Agreement brings an action to interpret or enforce its rights under this Subordination Agreement, the prevailing party will be entitled to recover its costs and reasonable attorney’s fees as awarded in the action. 32 127 of 373
6. Governing Law . This Subordination Agreement is governed by, and shall be construed in accordance with, the laws of the State of California.
7. Counterparts. This Subordination Agreement may be executed in counterparts, and all counterparts constitute but one and the same document.
8. Signatures. All indi viduals signing this Subordination Agreement for a party which is a corporation, limited liability company, partnership, or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to one another that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing.
IN WITNESS WHEREOF , the parties have executed this Subordination Agreement as of the date first set forth above and agree to be bound hereby.
LENDER:
_________________________________________
Darshan Jetly, an individual
[SIGNAT
URES CONTINUED ON FOLLOWING PAGE]
33 128 of 373
BORROWER:
Torreyana Associates LLC, a California limited liability company
By:_______________________________
Sherman Antao, Member
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
34 129 of 373
CITY:
City of National City
By: ______________________________
Brad Raulston, City Manager
APPROVED AS TO FORM:
Charles Bell Jr., City Attorney
By:_____________________________
Jennifer K. Gilman
Deputy City Attorney
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ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 202
2, before me, _________________________________, notary public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
36 131 of 373
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 202
2, before me, _________________________________, notary public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
37 132 of 373
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 202
2, before me, _________________________________, notary public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
38 133 of 373
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA (1) APPROVING AN AFFORDABLE HOUSING DENSITY BONUS
AGREEMENT WITH TORREYANA ASSOCIATES, LLC, A CALIFORNIA LIMITED PARTNERSHIP, RESTRICTING THE RENT AND OCCUPANCY OF ONE (1) UNIT TO
A LOWER INCOME HOUSEHOLD IN EXCHANGE FOR THREE CONCESSIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65915 – 65918 FOR THE DEVELOPMENT OF 12 HOUSING UNITS LOCATED AT 316 EAST 31st STREET IN NATIONAL CITY; AND (2) APPROVING A SUBOR DINATION AND
INTERCREDITOR AGREEMENT SUBORDINATING SAID AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT
WHEREAS, Torreyana Associates , LLC , a California Limited Partnership (“Developr”) is developing the property located at 316 East 31st Street; and
WHEREAS, current zoning allows for the construction of 12 units by right; and
WHEREAS, the Developer will restrict the rent and occupancy of one (1) unit to a very low income household (below 50% of area median income) in exchange for three deviations, (1) the parking ratio to 1 parking space per one bedroom, 1.5 parking space per two bedroom, total ing 16 parking spaces, (2) reduce parking from 16 spaces to 12 spaces, (3) a waiver from common open space requirements, mandated by California Government Code Sections 65915 – 65918; and
WHEREAS, the Affordable Density Housing Bonus Agreement (“Agreement”) will serve to memorialize the Developer’s obligation to provide the one (1) affordable unit and the restriction of the affordable unit by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years; and
WHEREAS, a Performance Deed of Trust will also be recorded to secure the Agreement on the property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves an Affordable Housing Density Bonus Agreement with Torreyana Associates , LLC , a California Limited Partnership, restricting the rent and occupancy of one (1) unit to a lower income household in exchange for three concessions pursuant to California Government Code Sections 65915 – 65918 for the development of 12 housing units located at 316 East 31st Street in National City.
Section 2: Approves a Subordination and Intercreditor Agreement subordinating said Affordable Housing Density Bonus Agreement.
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Resolution No. 2022 –
Page Two
Section 3: That the City of National City will record a Performance Deed of Trust securing the timely performance of the Affordable Housing Density Bonus Agreement, and after it is recorded in the County of San Diego, a copy of said Deed of Trust will be on file in the Office of the City Clerk.
Section 4: 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 3rd day of May 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 National City, California, creating one (1) new job classification and amending the Management Salary Schedule. (Human Resources)
Please scroll down to view the backup material.
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COMMUNITY SERVICES MANAGER
(Unrepresented – Management Group)
CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: April 13, 2022
DEFINITION
To plan, direct, coordinate and manage the activities of the Community Services sections within the Library & Community Services Department through subordinate supervisors, which includes the Recreation and Recreation Specialized Services, Senior Services, Senior Nutrition Program, and Public Art and Cultural Asset projects; performs complex professional work in all phases of recreation and senior programs and services; and performs related work as required.
EXAMPLES OF TYPICAL DUTIES
The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single positio n may not perform all of these duties and/or may perform similar related tasks not listed here. • Plans, implements, and oversees a variety of recreational programs and specialized recreation programs, facilities, special events, services, staffing, and operational activities; analyzes special and ongoing programs and projects and determines priorities and scheduling; and estimates personnel, resources, and time required for programs, classes and events.
• Prepares and monitors the budget for various programs and funds that support the operation of Library & Community Services activities; forecasts funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; recommends adjustments as necessary; develops the annual application of grants; reconciles program expenditures, budgets, and grants records compliance and reporting; and works with federal, state and local representatives to ensure compliance with funding guidelines.
• Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of Community Services; researches emerging products and enhancements and their applicability to City needs.
• Provides interdepartmental support on projects including capital improvement projects and facility management for new or existing facilities. • Participates in the development and implementation of goals, objectives, policies, and priorities for the entire department and/or division; recommends and implements resulting policies and procedures. Assists in program and policy formulation and ensures compliance with regulations and policies.
• Conducts and attends staff meetings; leads work teams; selects, supervises, trains, motivates, and evaluates assigned staff and volunteers; provides or coordinates staff training.
• Prepares staff reports and makes presentations to the City Council on various departmental programs, events and activities. Serves as staff on a variety of boards, commissions, and committees; prepares and presents staff reports and other necessary correspondence; gathers data and information as necessary.
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Class Specification
Community Services Manager
___________________________________________________________________________ • Promotes interest and participation in activities by means of public relations, press releases, and other media development; conducts outreach in the community through speaking engagements, participating in community collaborative meetings, attending and conducting community and City events; maintains information on assigned web pages; and produces pamphlets, guides, and information items related to assigned programs. • Responds to inquiries, complaints, or requests for information and services from various public and private agencies in the resolution of issues regarding recreational and senior services and programs; resolves difficult and sensitive issues and assists in determining alternative resolutions.
• Provides highly complex staff assistance to the Director of Library and Community Services; conducts a variety of studies; develops and recommends modifications to programs, policies, and procedures as appropriate.
• Performs other related duties as required or assigned.
MINIMUM QUALIFICATIONS
Training and Experience : Bachelor’s degree from an accredited college or university in Recreation Administration, Park Administration, Leisure Studies; Public Administration , or another closely related field; and five (5) years of progressively responsible professional experience in recreation services and programs, community services and programs, senior services and programs , and/or related experience, of which must include two (2) years of supervising experience.
Knowledge and Skills in : The principle and practices of community services administration; community recreation programs a nd organizations; management and evaluation of community services activities; project management; performance based management; methods involved in organizing, conducting and supervising community service programs and services; knowledgeable in the charact eristics involved in programming activities and working with all citizens in the community (senior citizens, diverse population); facilities and equipment needed in programs and services; knowledgeable of regulatory laws applicable to community programs and services (Americans with Disability, safety and health regulations, etc.) and hazard and safety precautions; principle of administration and budgeting and federal and state grant program rules and regulations; grant writing and alternative funding; fiscal procedures; principle of supervision, training, and performance evaluation.
Ability to : Develop and administer community programs and services for the needs of the community, understand community needs in a variety of areas, including recreation services, senior citizens and nutrition services by analyzing problems, identifying alternative solutions and developing recommendations; correctly interpret and apply general administrative and department policies and procedures; establish and maintain effective working relationships with participants, employees, community organizations, general public and elected officials; create mutually beneficial partnerships in the community; speak and write in a clear and concise manner; prepare clear and concise records, reports, correspondence and other written materials; maintain a variety of records; exercise professional and sound judgement in problem-solving and evaluation; operate modern office equipment.
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City of National City
Human Resources Department
MANAGEMENT POSITIONS
February 8, 2022
Asst Director of PW/Engineering 9,029.30$ – 12,634.81$ 108,351.58 $ – 151,617.78 $ Battalion Chief ² 8,379.44$ – 11,427.18$ 100,553.30 $ – 137,126.15 $ Budget Manager 6,084.69$ – 10,109.50$ 73,016.28 $ – 121,313.96$ Building Official 7,563.42$ – 11,247.35$ 90,761.01 $ – 134,968.19$ Community Development Manager 7,654.06$ – 10,553.29$ 91,848.74 $ – 126,639.46$ Community Development Specialist III 6,180.60$ – 9,289.76 $ 74,167.23 $ – 111,477.18$ Community Services Manager 6,146.24$ – 9,535.07 $ 73,754.87 $ – 114,420.80$ Deputy City Attorney 7,432.18$ – 10,900.54$ 89,186.18 $ – 130,806.43$ Deputy City Clerk 5,825.34$ – 8,083.68 $ 69,904.08 $ – 97,004.12 $ Deputy Director of Human Resources 7,705.07$ – 10,623.62$ 92,460.89 $ – 127,483.48$ Equipment Maint Supervisor 5,822.46$ – 8,807.62 $ 69,869.47 $ – 105,691.47$ Facilities Maint Supervisor 4,495.31$ – 7,486.54 $ 53,943.74 $ – 89,838.54 $ Financial Services Officer 7,868.80$ – 10,632.07$ 94,425.57 $ – 127,584.85$ Housing Programs Manager 7,034.48$ – 9,844.24 $ 84,413.76 $ – 118,130.93$ Human Resources Manager 7,705.07$ – 10,623.62$ 92,460.89 $ – 127,483.48$ Information Technology Manager 8,403.18$ – 10,915.79$ 100,838.13 $ – 130,989.45 $ Management Analyst I 4,215.43$ – 6,414.54 $ 50,585.11 $ – 76,974.54 $ Management Analyst II 4,791.05$ – 7,289.93 $ 57,492.54 $ – 87,479.12 $ Management Analyst III 5,361.93$ – 8,165.30 $ 64,343.16 $ – 97,983.58 $ Neighborhood Council Coordinator 5,308.33$ – 8,083.68 $ 63,699.98 $ – 97,004.12 $ Neighborhood Services Manager 4,423.40$ – 9,008.57 $ 53,080.80 $ – 108,102.88$ Nutrition Program Manager 4,856.78$ – 8,783.56 $ 58,281.33 $ – 105,402.77$ Park Superintendent 6,275.79$ – 8,940.04 $ 75,309.43 $ – 107,280.46$
POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
1 Compensation Plan (Mgmt Positions)
Revised 05/03/2022
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City of National City
Human Resources Department
MANAGEMENT POSITIONS
February 8, 2022
PIO/Mgmt Analyst III 5,477.37$ – 8,341.10 $ 65,728.48 $ – 100,093.19$ Planning Manager 8,033.16$ – 10,554.45$ 96,397.92 $ – 126,653.40$ Police Captain ¹ 11,249.69$ – 14,510.98 $ 134,996.29 $ – 174,131.77 $ Police Support Services Manager 7,739.96$ – 8,564.77 $ 92,879.50 $ – 102,777.28$ Principal Civil Engineer 9,002.21$ – 11,206.25$ 108,026.47 $ – 134,474.96 $ Principal Librarian 6,938.63$ – 8,885.48 $ 83,263.54 $ – 106,625.78$ Principal Planner 7,302.87$ – 9,594.95 $ 87,634.45 $ – 115,139.34$ Project Officer 5,979.68$ – 9,164.31 $ 71,756.15 $ – 109,971.74$ Purchasing Agent 5,533.05$ – 9,620.09 $ 66,396.56 $ – 115,441.04$ Recreation Superintendent 6,125.72$ – 8,783.56 $ 73,508.69 $ – 105,402.77$ Risk Manager 5,700.06$ – 10,484.24$ 68,400.75 $ – 125,810.90$ Senior Accountant 6,323.20$ – 7,868.80 $ 75,878.36 $ – 94,425.57 $ Special Assistant to the Mayor 4,560.72$ – 7,217.06 $ 54,728.69 $ – 86,604.67 $ Street Maintenance Supervisor 5,288.66$ – 7,486.54 $ 63,463.90 $ – 89,838.54 $ Street & Wastewater Maint Superintendent 6,184.78$ – 9,124.27 $ 74,217.36 $ – 109,491.28$ Traffic Engineer 8,530.00$ – 11,045.77$ 102,359.96 $ – 132,549.29 $ Wastewater Supervisor 5,650.77$ – 7,562.86 $ 67,809.22 $ – 90,754.37 $ ¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
2 Compensation Plan (Mgmt Positions)
Revised 05/03/2022
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City of National City
Human Resources Department
MANAGEMENT POSITIONS
February 2023
Asst Director of PW/Engineering 9,629.75$ – 13,475.03$ 115,556.96 $ – 161,700.36 $ Battalion Chief ² 8,909.86$ – 12,150.52$ 106,918.33 $ – 145,806.23 $ Budget Manager 6,586.07$ – 10,942.52$ 79,032.82 $ – 131,310.23$ Building Official 8,071.68$ – 12,003.17$ 96,860.15 $ – 144,038.05$ Community Development Manager 8,039.06$ – 11,084.12$ 96,468.73 $ – 133,009.43$ Community Development Specialist III 6,453.17$ – 9,699.44 $ 77,438.00 $ – 116,393.32$ Community Services Manager 6,330.63$ – 9,821.12 $ 75,967.52 $ – 117,853.42$ Deputy City Attorney 8,074.32$ – 11,842.34$ 96,891.87 $ – 142,108.10$ Deputy City Clerk 6,000.10$ – 8,326.19 $ 72,001.20 $ – 99,914.25 $ Deputy Director of Human Resources 8,146.57$ – 11,232.36$ 97,758.89 $ – 134,788.29$ Equipment Maint Supervisor 5,997.13$ – 9,071.85 $ 71,965.56 $ – 108,862.22$ Facilities Maint Supervisor 4,630.17$ – 7,711.14 $ 55,562.05 $ – 92,533.69 $ Financial Services Officer 8,267.75$ – 11,321.03$ 99,212.94 $ – 135,852.35$ Housing Programs Manager 7,414.34$ – 10,375.83$ 88,972.11 $ – 124,510.00$ Human Resources Manager 8,146.57$ – 11,232.36$ 97,758.89 $ – 134,788.29$ Information Technology Manager 8,961.99$ – 11,641.69$ 107,543.87 $ – 139,700.25 $ Management Analyst I 4,385.73$ – 6,673.69 $ 52,628.75 $ – 80,084.31 $ Management Analyst II 4,984.60$ – 7,584.44 $ 59,815.24 $ – 91,013.28 $ Management Analyst III 5,578.55$ – 8,495.18 $ 66,942.63 $ – 101,942.12$ Neighborhood Council Coordinator 5,467.58$ – 8,326.19 $ 65,610.98 $ – 99,914.25 $ Neighborhood Services Manager 4,660.05$ – 9,490.53 $ 55,920.62 $ – 113,886.38$ Nutrition Program Manager 5,070.96$ – 9,170.92 $ 60,851.53 $ – 110,051.03$ Park Superintendent 6,669.28$ – 9,500.58 $ 80,031.33 $ – 114,006.94$
POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
1 Compensation Plan (Mgmt Positions)
Revised 02/01/2022
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City of National City
Human Resources Department
MANAGEMENT POSITIONS
February 2023
PIO/Mgmt Analyst III 5,821.35$ – 8,864.92 $ 69,856.23 $ – 106,379.04$ Planning Manager 8,274.15$ – 10,871.08$ 99,289.86 $ – 130,453.00$ Police Captain ¹ 11,897.67$ – 15,346.81 $ 142,772.08 $ – 184,161.76 $ Police Support Services Manager 8,446.62$ – 9,346.74 $ 101,359.39$ – 112,160.85 $ Principal Civil Engineer 9,572.05$ – 11,915.60$ 114,864.55 $ – 142,987.22 $ Principal Librarian 7,164.83$ – 9,175.15 $ 85,977.93 $ – 110,101.78$ Principal Planner 7,875.42$ – 10,347.19$ 94,504.99 $ – 124,166.27$ Project Officer 6,159.07$ – 9,439.24 $ 73,908.84 $ – 113,270.89$ Purchasing Agent 5,699.04$ – 9,908.69 $ 68,388.46 $ – 118,904.27$ Recreation Superintendent 6,395.87$ – 9,170.92 $ 76,750.42 $ – 110,051.03$ Risk Manager 5,987.35$ – 11,012.65$ 71,848.15 $ – 132,151.77$ Senior Accountant 6,643.78$ – 8,267.75 $ 79,725.39 $ – 99,212.94 $ Special Assistant to the Mayor 4,697.55$ – 7,433.57 $ 56,370.55 $ – 89,202.81 $ Street Maintenance Supervisor 5,447.32$ – 7,711.14 $ 65,367.82 $ – 92,533.69 $ Street & Wastewater Maint Superintendent 6,708.01$ – 9,896.19 $ 80,496.14 $ – 118,754.24$ Traffic Engineer 9,205.57$ – 11,920.60$ 110,466.87 $ – 143,047.19 $ Wastewater Supervisor 5,879.62$ – 7,869.16 $ 70,555.49 $ – 94,429.92 $ ¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
2 Compensation Plan (Mgmt Positions)
Revised 02/01/2022
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City of National City
Human Resources Department
MANAGEMENT POSITIONS
February 2024
Asst Director of PW/Engineering 10,270.12$ – 14,371.12 $ 123,241.50 $ – 172,453.43 $ Battalion Chief ² 9,473.85$ – 12,919.65$ 113,686.26 $ – 155,035.76 $ Budget Manager 7,128.76$ – 11,844.18$ 85,545.13 $ – 142,130.20$ Building Official 8,614.10$ – 12,809.78$ 103,369.15 $ – 153,717.41 $ Community Development Manager 8,443.43$ – 11,641.65$ 101,321.10 $ – 139,699.80 $ Community Development Specialist III 6,737.75$ – 10,127.19$ 80,853.02 $ – 121,526.27$ Community Services Manager 6,520.55$ – 10,115.75$ 78,246.54 $ – 121,389.03$ Deputy City Attorney 8,771.94$ – 12,865.52$ 105,263.33 $ – 154,386.24 $ Deputy City Clerk 6,180.10$ – 8,575.97 $ 74,161.24 $ – 102,911.67$ Deputy Director of Human Resources 8,613.37$ – 11,875.97$ 103,360.48 $ – 142,511.65 $ Equipment Maint Supervisor 6,177.04$ – 9,344.01 $ 74,124.52 $ – 112,128.08$ Facilities Maint Supervisor 4,769.08$ – 7,942.48 $ 57,228.91 $ – 95,309.70 $ Financial Services Officer 8,686.92$ – 12,054.63$ 104,243.04 $ – 144,655.58 $ Housing Programs Manager 7,814.72$ – 10,936.13$ 93,776.60 $ – 131,233.54$ Human Resources Manager 8,613.37$ – 11,875.97$ 103,360.48 $ – 142,511.65 $ Information Technology Manager 9,557.96$ – 12,415.86$ 114,695.53 $ – 148,990.31 $ Management Analyst I 4,562.91$ – 6,943.31 $ 54,754.95 $ – 83,319.71 $ Management Analyst II 5,185.98$ – 7,890.85 $ 62,231.78 $ – 94,690.21 $ Management Analyst III 5,803.93$ – 8,838.38 $ 69,647.11 $ – 106,060.58$ Neighborhood Council Coordinator 5,631.61$ – 8,575.97 $ 67,579.31 $ – 102,911.67$ Neighborhood Services Manager 4,909.36$ – 9,998.28 $ 58,912.38 $ – 119,979.31$ Nutrition Program Manager 5,294.59$ – 9,575.36 $ 63,535.09 $ – 114,904.28$ Park Superintendent 7,087.44$ – 10,096.26$ 85,049.29 $ – 121,155.18$
POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
1 Compensation Plan (Mgmt Positions)
Revised 2/01/2022
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City of National City
Human Resources Department
MANAGEMENT POSITIONS
February 2024
PIO/Mgmt Analyst III 6,186.93$ – 9,421.64 $ 74,243.20 $ – 113,059.64$ Planning Manager 8,522.38$ – 11,197.22$ 102,268.55 $ – 134,366.59 $ Police Captain ¹ 12,582.98$ – 16,230.79 $ 150,995.75 $ – 194,769.47 $ Police Support Services Manager 9,217.79$ – 10,200.09$ 110,613.51 $ – 122,401.13 $ Principal Civil Engineer 10,177.96$ – 12,669.86 $ 122,135.48 $ – 152,038.31 $ Principal Librarian 7,398.40$ – 9,474.26 $ 88,780.81 $ – 113,691.10$ Principal Planner 8,492.85$ – 11,158.41$ 101,914.18 $ – 133,900.90 $ Project Officer 6,343.84$ – 9,722.42 $ 76,126.10 $ – 116,669.02$ Purchasing Agent 5,870.01$ – 10,205.95$ 70,440.11 $ – 122,471.40$ Recreation Superintendent 6,677.93$ – 9,575.36 $ 80,135.12 $ – 114,904.28$ Risk Manager 6,289.11$ – 11,567.69$ 75,469.30 $ – 138,812.22$ Senior Accountant 6,980.62$ – 8,686.92 $ 83,767.47 $ – 104,243.04$ Special Assistant to the Mayor 4,838.47$ – 7,656.57 $ 58,061.67 $ – 91,878.89 $ Street Maintenance Supervisor 5,610.74$ – 7,942.48 $ 67,328.85 $ – 95,309.70 $ Street & Wastewater Maint Superintendent 7,275.51$ – 10,733.40$ 87,306.12 $ – 128,800.85$ Traffic Engineer 9,934.65$ – 12,864.71$ 119,215.85 $ – 154,376.53 $ Wastewater Supervisor 6,117.75$ – 8,187.86 $ 73,412.99 $ – 98,254.33 $ ¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
2 Compensation Plan (Mgmt Positions)
Revised 2/01/2022
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA CREATING ONE (1) NEW JOB CLASSIFICATION AND AMENDING
THE MANAGEMENT SALARY SCHEDULE
WHEREAS, City staff recommends approving the addition of the Community Services Manager classification to the Management Salary Schedule; and
WHEREAS, the classification was created to address the complex project oversight in the Library & Community Services Department and to support the workforce sustainability of current and future service delivery within recreation, senior citizens, and the nutrition center; and
WHEREAS, in February 2023 and 2024, the classification of Community Services Manager will receive a 3% Cost-of-Living Adjustment (“ COLA”) upon an annual performance evaluation rating of satisfactory or above; and
WHEREAS, City staff recommends City Council approval in creating one (1) new job classification and amending the Management Salary Schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the addition of the Community Services Manager classification to the Management Salary Schedule.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 3rd day of May, 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, 1) awarding a contract to Tri Group Construction and Development, Inc. in the not-to-exceed amount of $638,963 for the Paradise Creek Educational Park Extension Project, CIP No. 19-33; 2) authorizing a 15% contingency in the amount of $95,844.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works)
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RESOLUTION NO. 2022 -
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 $638,963 FOR THE PARADISE CREEK EDUCATIONAL PARK EXTENSION PROJECT, CIP NO. 19-33; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $95,844.45 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT
WHEREAS, the Paradise Creek Educational Park Extension (“Project”) involves expanding Paradise Creek Educational Park located behind Kimball Elementary School with access from Hoover Avenue and West 19th Street; and
WHEREAS, the Project will (1) remove existing asphalt pavement and concrete sidewalk at the northern entrance to the park on Hoover Avenue and replace them with decomposed granite , and permeable pavers for stormwater infiltration; (2) install new trees, native vegetation , and additional stor mwater treatment /infiltration features; (3) construct a community gathering area; (4) install traffic calming and pedestrian enhancements such as pedestrian curb ramps for Americans with Disabilities Act (ADA) compliance, curb extensions, a high-visibility crosswalk, and pedestrian actuated flashing crosswalk signs at the intersection of W. 18 th Street and Hoover Avenue; and (5) install new bicycle facilities; and
WHEREAS, the City of National City (“City”) posted the solicitation for bids on PlanetBids, a free public electronic bidding system for contractors , on March 17, 2022 ; and
WHEREAS, the City advertised the solicitation for bids in local newspapers on March 22, 2022, and March 24, 2022; and
WHEREAS, the City received seven (7) bids by the 2:00 p.m. deadline for the Project on April 7, 2022; and
WHEREAS, City staff determined that Tri Group Construction and Development, Inc. was the apparent lowest bidder with a total bid amount of $638,963.00; and
WHEREAS, upon review of all documents submitted, City staff deemed Tri Group Construction and Development, Inc.’s bid responsive, and it the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, City staff recommends the following: (1) awarding a contract to Tri Group Construction and Development, Inc., in the amount not to exceed $638,963.00; (2) the City Council authorize the Mayor to execute the contract with Tri Group Construction and Development, Inc. for the Project; and (3) the City Council to authorize a 15% contingency amount up to $95,844.45 for any unforeseen conditions that may arise during the Project.
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Resolution No. 2022 –
Page Two
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Awards the Paradise Creek Educational Park Extension, CIP No. 19- 33, to the lowest responsive, responsible bidder, to wit:
TRI GROUP CONSTRUCTION AND DEVELOPMENT, INC.
Section 2: Authorizes the Mayor to execute a contract with Tri Group Construction and Development, Inc., for $638,963.00 for the Paradise Creek Educational Park Extension Project, CIP No. 19-33
Section 3: Authorizes a 15% contingency up to $95,844.45 for any unforeseen changes.
Section 4: 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 3rd day of May, 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, authorizing the installation of stop control and yield control signs for the intersections of E. 31st Street, between “B” Avenue and “C” Avenue in order to enhance safety at the intersections (TSC No. 2022-02). (Engineering/Public Works)
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, AUTHORIZING INSTALLING STOP CONTROL AND YIELD CONTROL SIGNS FOR THE INTERSECTIONS EAST 31 ST STREET, BETWEEN “B” AVENUE AND “C” AVENUE , TO ENHANCE SAFETY AT THE INTERSECTIONS (TSC NO. 2022-02)
WHEREAS, the City of National City (“City”) Traffic Safety Committee requested City staff evaluate the intersections of East 31 st Street, between “B” Avenue and “C” Avenue; and
WHEREAS, City staff visited the site and verified that East 31st Street, between “B” Avenue and “C” Avenue , is currently a 2 -lane roadway with parallel parking on the south side of the street with “No Parking” signs on the north side of East 31st Street; and WHEREAS, City Staff confirmed that the intersection of East 31 st Street and “B” Avenue has a Yield control sign on “B” Avenue, and the intersection of East 31 st Street and “C” Avenue does not have any control signs; and
WHEREAS, City staff also reviewed the tra ffic collision history for these intersections, which confirmed there were no “reported” traffic collisions within the past four (4) years and that the posted speed limit on East 31st Street is 25 mph; and
WHEREAS, the City staff authorized Kimley-Horn & Associates to perform a traffic analysis of the intersections to determine if installing an All-Way Stop control consistent with the guidelines provided in the California Manual on Uniform Traffic Control Devices is warranted; and
WHEREAS, the traffic study results indicate that installing an All-Way Stop control is recommended at the intersection between East 31st Street and “B” Avenue; and
WHEREAS, the traf fic study results also indicate that a Yield control is recommended for southbound traffic on “C” Avenue for the intersection of East 31st Street and “C” Avenue; and
WHEREAS, on March 9, 2022 , the City’s Traffic Safety Committee voted unanimously to approve the City staff’s recommendations to take the following actions:
1. Install one Stop control sign for eastbound traffic on East 31 st Street on the south side of East 31st Street; and
2. Install one Stop control sign for westbound traffic on East 31st Street on the north side of East 31st Street; and
3. Install one Stop control sign for southbound traffic on “B” Avenue on the west side of “B” Avenue; and
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Resolution No. 2022 –
Page Two
4. Install 25 feet of red curb “No Parking” on the west side “B” Avenue, north side of East 31st Street; and
5. Install one Yield control sign for southbound traffic on “C” Avenue on the west side of “C” Avenue.
WHEREAS, City staff the City Council authorize installing Stop control And Yield control signs for the intersections East 31st Street, between “B” Avenue And “C” Avenue, enhancing safety at the intersections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes authorize installing Stop control And Yield control signs for the intersections East 31st Street, between “B” Avenue And “C” Avenue, enhancing safety at the intersections.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 3rd day of May, 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: Quarterly Report - Boards, Commissions, and Committee Attendance and Training. (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
________________
May 3, 2022
Quarterly Report – Boards, Commissions, and Committee Attendance and Training (City Clerk) City Clerk
On November 16, 2021, the City Council adopted Updates to City Council Policy #107 Appointments to Boards, Commissions, and Committees (BCC). Section D, 14 Resignations, Attendance, Training and Removals provides for the City Clerk to prepare a report to Council on the attendance of BCC members. This is a report covers Attendance is evaluated as follows:
1. A
Commissioner or Member of a BCC with unexcused absences from three consecutive regularly scheduled meetings.
2. A Commissioner or Member of a BCC misses more than 25% of the advisory body’s meetings in a calendar year.
3. A Commissioner or Member of a BCC 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.
E
xcused Absences are considered under certain circumstances.
Shelley Chapel, MMC, Deputy City Clerk
A – Attendance Report
B – City Council Policy No. 107
FINAL ADOPTION:
APPROVED: ________________ MIS
Receive and File.
(619) 336-4225
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EXPLANATION
On November 16, 2021, the City Council adopted Updates to City Council Policy #107 Appointments to Boards, Commissions, and Committees (BCC). Section D, 14 Resignations, Attendance, Training and Removals provides for the City Clerk to prepare a report to Council on the attendance of BCC members.
This being the first report of its kind to City Council it will provide attendance for calendar year 2021, and the first quarter of 2022, hereafter, the report will be quarterly.
Attendance is evaluated as follows:
1. A Commissioner or Member of a BCC with unexcused absences from three consecutiv e
r
egularly scheduled meetings.
2. A
Commissioner or Member of a B CC m isses more than 25% of the advisory body’s meetings in a calendar year.
3. A Commissioner or Member of a BCC 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 are considered under certain circumstances.
S
UMMARY OF BCC ATTENDANCE
Calendar
Year 2021 and First Quarter 2022
Civil Service Commission consists of 5 members (currently one vacancy). Their meetings are held the Second Wednesday of every other month at 5:30 p.m. in the Large Conference Room at City Hall.
During the 2021 Calendar Year the Commission scheduled seven (7) meetings of which one (1) was cancelled.
Members: Present Absent
Paul Wapnowski, Chair 6 0
Rafael Courtney, Vice-Chair 5 0
Leslie Coyote 5 0
Thomas Luna (Appointed Sept 2021) 2 0
During the first Quarter of 2022 the Commission scheduled three (3) meetings of which one (1) was cancelled.
Members: Present Absent
Paul Wapnowski, Chair 2 0
Rafael Courtney, Vice-Chair 2 0
Leslie Coyote 2 0
Thomas Luna 2 0
1 ATTACHMENT A
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Community & Police Relations Committee consists of eight (8) members with one (1) being a staff member . Their meetings are held the Third Thursday of February, May, August and November at 6:00 p.m. in the Council Chamber at City Hall.
During the 2021 Calendar Year the C ommittee scheduled seven (7) meetings of which one ( 1) was cancelled.
Members: Present Absent
Michael Lesley, Chair 5 0
Marianne Delatorre, Vice-Chair 5 0
Zachary Francisco-Gomez 5 (arrived late 2) 0
Andy Y. Sanchez (Appointed April 2021) 4 (arrived late 1) n/a Daniel Orth 5 0
Emiliano Nunez (Appointed April 2021) 4 0
D
uring the first Quarter of 2022 the Comm ittee scheduled three (3) meetings of which (1) was cancelled.
Members: Present Absent
Michael Lesley, Chair 1 0
Daniel Orth, Vice-Chair 1 0
Marianne Delatorre 0 1
Zachary Francisco-Gomez 1 0
Andy Y. Sanchez 1 0
Emiliano Nunez 1 0
William Phillips (Appointed April 2021) 0 0
B
oard of Library Trustees consists of five (5) members, and one (1) alternate (currently one vacancy). Their meetings are held the First Wednesday of every month at 5:30 p.m. in the National City Public Library.
During the 2021 Calendar Year the Board scheduled twelve (12) meetings, no meetings were cancelled.
Members: Present Absent
Sherry Gogue, President 11 1
H. Bradley Bang, Vice-President 12 0
Anzueth G. Zambrano (Appointed Sept. 2021) 3 0
Margaret Godshalk 12 0
Coyote Moon 11 (Arrived late 1) 1
D
uring the first Quarter of 2022 the Board scheduled 3 meetings, no meetings were cancelled.
Members: Present Absent
Margaret Godshalk, President 3 0
H. Bradley Bang, Secretary 3 0
Sherry Gogue 1 2
Coyote Moon 2 1
Anzueth G. Zambrano 3 0
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Park, Recreation & Senior Citizens Advisory Committee consists of seven (7) members. Their meetings are held the Third Thursday of every month at 4:00 p.m. in the City Hall Large Conference Room.
During the 2021 Calendar Year the Committee scheduled twelve (12) meetings, five (5) meetings were cancelled.
Members: Present Absent
Nora McMains, Chair 2 5
Yvonne Cordoba 0 7
Florfina Arce 3 4
Joseph Crawford 4 3
Reuben Felizardo (Appointed Sept. 2021) 2 0
Ignacio Navarro Jr. 3 4
Liliana Armenta 5 2
During the 2022 Calendar Year the Committee scheduled three (3) meetings, two (2) meetings were cancelled due to a lack of quorum.
Members: Present Absent
Nora McMains, Chair 0 1
Yvonne Cordoba 0 1
Florfina Arce 1 0
Joseph Crawford 1 0
Reuben Felizardo 1 0
Ignacio Navarro Jr. 1 0
Liliana Armenta 1 0
Planning Commission consists of seven (7) members. Their meetings are held the First and Third Monday of every month at 6:00 p.m. in the City Hall Council Chamber.
During the 2021 Calendar Year the Commission scheduled nineteen (19) meetings, ten (10) meetings were cancelled.
Members: Present Absent
Maria DeLa Paz, Chair 8 1
Ricardo Sanchez, Vice-Chair 8 1
Damian Alexander Roman 9 0
Claudia E. Valenzuela (Appointed April 2021) 5 1
Luis Natividad 7 2
William J. Sendt 9 0
Ditas Yamane 9 0
During the 2022 Calendar Year the Commission scheduled three (3) meetings, two (2) meetings were cancelled due to a lack of quorum.
Members: Present Absent
Ditas Yamane, Chair 1 0
Ricardo Sanchez 1 0
Claudia E. Valenzuela 1 0
Luis Natividad 1 0
William J. Sendt 1 0
Randi Marie Castle (Appointed March 2022) 0 0
Richard Miller Martin (Appointed March 2022) 0 0
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Public Art Committee consists of five (5) members and one (1) alternate. Their meetings are held the Fourth Tuesday of January, April, July and October at 3:00 p.m. in the City Hall Large Conference Room.
During the 2021 Calendar Year the Committee scheduled four (4) meetings, no meetings were cancelled.
Members: Present Absent
William A. Virchis, Chair 4 0
Nadia Nunez 3 1
Jacqueline Schliapnik 2 2
Jose A. Lopez (Appointed February. 2021) 3 0
Natalia Valerdi-Rogers (Alternate) (Appointed Sept. 2021) 1 0
During the 2022 Calendar Year the Commi ttee scheduled two (2) meetings, no meetings were cancelled.
Members: Present Absent
William A. Virchis, Chair 2 0
Nadia Nunez 1 1
Jacqueline Schliapnik – Garcia 2 0
Jose A. Lopez 2 0
Natalia Valerdi-Rogers (Alternate) 1 1
Charles Reilly (Appointed March 2022) 1 0
Traffic Safety Committee consists of five (5) members. Their meetings are held the Second Wednesday of every month at 1:00 p.m. in the City Hall Large Conference Room.
During the 2021 Calendar Year the Commi ttee scheduled eleven (11 ) meetings, three (3) meetings were cancelled.
Members: Present Absent
Ryan Whipple, Chair 8 0
Marisa Rosales (Appointed March, 2021) 7 0
Javier Alvarado 4 4
Christopher Coyote 8 0
During the 2022 Calendar Year the Commi ttee scheduled four (4) meetings, three (3) meetings were cancelled.
Members: Present Absent
Ryan Whipple, Chair 1 0
Marisa Rosales (Appointed March, 2021) 1 0
Javier Alvarado 1 0
Christopher Coyote 0 1
David Pasquini 0 0
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Housing Advisory Committee consists of nine (9) members of the Planning Commission and two (2) additional members. Their meetings are held the Third Monday of every month at 6:00 p.m. in the City Hall Large Council Chamber.
During the 2021 Calendar Year the Committee scheduled seven (7) meetings, five (5) meetings were cancelled.
Members: Present Absent
Maria DeLa Paz, Chair 2 0
Ricardo Sanchez, Vice-Chair 2 0
Lorna A. Delos Santos 1 1
Claudia E. Valenzuela 2 0
Damian Alexander Roman 2 0
Luis Natividad 1 1
William J. Sendt 2 0
Ditas Yamane 2 0
D
uring the 2022 Calendar Year the Committee scheduled one (1) meeting, no meetings were cancelled.
Members: Present Absent
Ricardo Sanchez, Vice-Chair 1 0
Claudia E. Valenzuela 1 0
Damian Alexander Roman 1 0
Luis Natividad 1 0
William J. Sendt 1 0
Ditas Yamane 1 0
Richard Martin Miller (Appointed March, 2022) 0 0
Randi Marie Castle (Appointed March, 2022) 0 0
Mayra A. Valadez (Appointed March, 2022) 0 0
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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
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 6 ATTACHMENT B
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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 Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment.
The end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.
Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appointment could occur at the time of the unscheduled vacancy in accordance with the procedure set out above.
3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are:
1. Civil Service Commission
2. Planning Commission
3. Housing Advisory Committee including Ex-Officio Members
4. Planning Commission
The City Council fills vacancies on these bodies.
D.
Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following:
1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and 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 7 236 of 373
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 8 237 of 373
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.
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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 If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during the live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed.
In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee.
10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four -fifths vote of the City Council. I f 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.
11 240 of 373
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 12 241 of 373
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.
1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507)
2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)
3. AB1234 Ethics Training (California Government Code Section 53235.1(b))
4. Sexual Harassment Training
5. Brown Act Training
6. Social Media Training
7. Any training required by State Law, Federal Law, or City Policies.
All training is offered in a variety of formats including in person, via Zoom, training website/software , and pre -recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff.
Removal:
Failure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal.
Related Policy References
Government Code 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)
13 242 of 373
The following page(s) contain the backup material for Agenda Item: City Council 2022 Legislative Recess. (City Clerk)
Please scroll down to view the backup material.
243 of 373
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
________________
May 3, 2022
City Council 2022 Legislative Recess (City Clerk)
City Clerk’s Office
(See Report (Attachment A) for more information)
Luz Molina, City Clerk
Shelley Chapel, Deputy City Clerk
Attachment A – Staff Report
n/a
FINAL ADOPTION:
APPROVED: ________________ MIS
n/a
Staff requests City Council direction on observing a legislative recess , which is historically taken in the month of July. In accordance with National City Municipal Code (NCMC) Section 2.04.020, any Regular Meeting may be dispensed with a vote.
n/a
(619) 336-4225
BOARD / COMMISSION RECOMMENDATION:
244 of 373
STAFF REPORT
City Council 2022 Legislative Recess
Since 2014, the City Council (Council) has observed a legislative recess during the summer to provide City staff and Elected Officials an opportunity to catch up on work, reenergize, and prepare for the start of a new fiscal year. The purpose of this agenda item, is to determine whether the City Council would like to once again consider a legislative recess in 2022.
B
ackground
Observing a legislative recess from a City Council Meeting Schedule is practiced by a number of San Diego cities that recess both in the summer and winter. Some cities, including State Legislature, and quasi-governmental entities, such as the San Diego Association of Governments (SANDAG), Airport Authority, recess over an entire month, generally in the summer. For the past three (3) years, the Council voted to recess during the month of July. Prior to that the City Council voted to recess during the month of July four (4) times, and in August one (1) time. This is consistent with City Council Policy #104 Section III Meetings (H):
H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget a nd strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than twenty (20) days without a regular or special meeting of the Council.
D
iscussion
To assist the City Council with its decision, please note the following:
Should the City Council recess in July, there would be five (5) weeks between meetings (June 22 – August 2). As a reminder, the first meeting in August (this year is August 2nd), typically begins at 5:00 p.m. due to the “National Night-Out Against Crime” event.
Recommendation
Staff requests City Council direction on observing a legislative recess, which is historically taken in the month of July . In accordance with National City Municipal Code Section 2.04.020, any Regular Meeting may be dispensed with a vote.
1 ATTACHMENT A
245 of 373
AGENCIES TAKING LEGISLATIVE RECESS – SUMMER 2022
CITY WHEN
Chula Vista Last Meeting in June and First in July
Coronado First Meeting in July and First Meeting in August City of San Diego June 30 – July 11 and August 4 – Sept 12 Del Mar Second Meeting in August
El Cajon None
Encinitas July
Escondido July or August - TBD
Imperial Beach None
La Mesa Second Meeting in August
Lemon Grove None
National City July
Oceanside July
Poway None
Santee Second Meeting in July
San Marcos July
Solana Beach Last Meeting July and First in August
Vista July
M
onth of July = Encinitas, Escondido, National City, Oceanside, San Marcos, Vista Second Meeting in August = Del Mar
Last Meeting in July and First in Aug = Solana Beach
First Meeting in July and First in Aug = Coronado
City of San Diego = June 30 - July 11 and Aug 4 – Sept 12 Cities that do not take a recess = El Cajon, Imperial Beach, Lemon Grove, Poway A
irport Authority – Third week in July and ending Third week in August SANDAG – Last meeting in August and First meeting in Sept.
MTS – August
County of San Diego – Second Meeting in July
2 246 of 373
The following page(s) contain the backup material for Agenda Item: Warrant Register #38 for the period of 3/18/22 through 3/24/22 in the amount of $1,758,342.81. (Finance) Please scroll down to view the backup material.
247 of 373
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
DEPARTMENT:
PHONE:
EXPLANATION: APPROVED BY:
AGENDA ITEM NO.: MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
FINAL ADOPTION
APPROVED: MIS
PREPARED BY:
Warrant Register # 38
Ratify Warrants Totaling $1,758,342.81.
This is not a project and, therefore, not subject to environmental review.
Warrant total $1,758,342.81.
Per Government Section Code 37208, below are the payments issued for period 3/18/22 - 3/24/22.
Consistent with Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
Ford of Chula Vista 357222 80,952.70 2021 NCPD Ford Intercept or Vehicle – Eng National Electric Works 357264 81,859.41 CIP 20-03 Civic Cente r Basement Powerup Portillo Concrete Inc 357276 117,549.22 CIP 18-10 Euclid Ave & Ped Enhancement 619-336-4572 FinanceKarla Apalategui, Senior Accountant Assistant Warrant Register #38 for the period of 3/18/22 through 3/24/22 in the amount of $1,758,342.81. (Finance)
May 3, 2022
248 of 373
PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - APR 2022 357168 3/24/22 110.00 BEARD RETIREE HEALTH BENEFITS - APR 2022 357170 3/24/22 70.00 BECK RETIREE HEALTH BENEFITS - APR 2022 357171 3/24/22 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - APR 2022 357172 3/24/22 640.00 BISHOP RETIREE HEALTH BENEFITS - APR 2022 357173 3/24/22 110.00 BOEGLER RETIREE HEALTH BENEFITS - APR 2022 357174 3/24/22 260.00 BULL RETIREE HEALTH BENEFITS - APR 2022 357175 3/24/22 580.00 CAMEON RETIREE HEALTH BENEFITS - APR 2022 357177 3/24/22 400.00 CANEDO RETIREE HEALTH BENEFITS - APR 2022 357178 3/24/22 620.00 CARRILLO RETIREE HEALTH BENEFITS - APR 2022 357179 3/24/22 290.00 COLE RETIREE HEALTH BENEFITS - APR 2022 357187 3/24/22 165.00 COLLINSON RETIREE HEALTH BENEFITS - APR 2022 357188 3/24/22 420.00 CONDON RETIREE HEALTH BENEFITS - APR 2022 357191 3/24/22 280.00 CORDERO RETIREE HEALTH BENEFITS - APR 2022 357192 3/24/22 520.00 DALLA RETIREE HEALTH BENEFITS - APR 2022 357194 3/24/22 900.00 DANESHFAR RETIREE HEALTH BENEFITS - APR 2022 357195 3/24/22 250.00 DEESE RETIREE HEALTH BENEFITS - APR 2022 357204 3/24/22 660.00 DESROCHERS RETIREE HEALTH BENEFITS - APR 2022 357206 3/24/22 110.0 0 DIAZ RETIREE HEALTH BENEFITS - APR 2022 357207 3/24/22 680.00 DILLARD RETIREE HEALTH BENEFITS - APR 2022 357208 3/24/22 480.00 DREDGE RETIREE HEALTH BENEFITS - APR 2022 357211 3/24/22 250.00 DUONG RETIREE HEALTH BENEFITS - APR 2022 357212 3/24/22 280.00 EISER III RETIREE HEALTH BENEFITS - APR 2022 357213 3/24/22 250.00 ESPIRITU RETIREE HEALTH BENEFITS - APR 2022 357214 3/24/22 620.00 ETZLER RETIREE HEALTH BENEFITS - APR 2022 357215 3/24/22 460.00 FABINSKI RETIREE HEALTH BENEFITS - APR 2022 357216 3/24/22 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - APR 2022 357219 3/24/22 270.00 FIFIELD RETIREE HEALTH BENEFITS - APR 2022 357220 3/24/22 540.00 GAUT RETIREE HEALTH BENEFITS - APR 2022 357223 3/24/22 700.00 GELSKEY RETIREE HEALTH BENEFITS - APR 2022 357224 3/24/22 115.00 GIBBS JR RETIREE HEALTH BENEFITS - APR 2022 357226 3/24/22 120.00 GONZALES RETIREE HEALTH BENEFITS - APR 2022 357227 3/24/22 480.00 HANSON RETIREE HEALTH BENEFITS - APR 2022 357230 3/24/22 135.00 HARLAN RETIREE HEALTH BENEFITS - APR 2022 357231 3/24/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - APR 2022 357232 3/24/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - APR 2022 357233 3/24/22 600.00 HERNANDEZ RETIREE HEALTH BENEFITS - APR 2022 357234 3/24/22 400.00 HODGES RETIREE HEALTH BENEFITS - APR 2022 357235 3/24/22 200.00 IBARRA RETIREE HEALTH BENEFITS - APR 2022 357236 3/24/22 780.00 JONES RETIREE HEALTH BENEFITS - APR 2022 357239 3/24/22 60.00 JONES RETIREE HEALTH BENEFITS - APR 2022 357240 3/24/22 480.00 JUNIEL RETIREE HEALTH BENEFITS - APR 2022 357241 3/24/22 50.00 KIMBLE RETIREE HEALTH BENEFITS - APR 2022 357242 3/24/22 300.00 KLOS RETIREE HEALTH BENEFITS - APR 2022 357244 3/24/22 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - APR 2022 357245 3/24/22 660.0 0 LEACH RETIREE HEALTH BENEFITS - APR 2022 357247 3/24/22 600.00 LIMFUECO RETIREE HEALTH BENEFITS - APR 2022 357249 3/24/22 160.00 WARRANT REGISTER # 38
3/24/2022
1/4
249 of 373
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 38
3/24/2022
MATIENZO RETIREE HEALTH BENEFITS - APR 2022 357251 3/24/22 100.00 MCCABE RETIREE HEALTH BENEFITS - APR 2022 357252 3/24/22 280.00 MCDANIEL RETIREE HEALTH BENEFITS - APR 2022 357253 3/24/22 290.00 MEDINA RETIREE HEALTH BENEFITS - APR 2022 357255 3/24/22 105.00 MEEKS RETIREE HEALTH BENEFITS - APR 2022 357256 3/24/22 460.00 MENDOZA RETIREE HEALTH BENEFITS - APR 2022 357257 3/24/22 290.00 MINER RETIREE HEALTH BENEFITS - APR 2022 357258 3/24/22 580.00 MORRISON RETIREE HEALTH BENEFITS - APR 2022 357259 3/24/22 520.00 NAGLE RETIREE HEALTH BENEFITS - APR 2022 357260 3/24/22 460.00 NOTEWARE RETIREE HEALTH BENEFITS - APR 2022 357266 3/24/22 120.00 OLIVERIA RETIREE HEALTH BENEFITS - APR 2022 357269 3/24/22 360.00 PAUU JR RETIREE HEALTH BENEFITS - APR 2022 357272 3/24/22 340.00 PE RETIREE HEALTH BENEFITS - APR 2022 357273 3/24/22 300.00 PEASE JR RETIREE HEALTH BENEFITS - APR 2022 357274 3/24/22 140.00 PETERS RETIREE HEALTH BENEFITS - APR 2022 357275 3/24/22 290.00 POST RETIREE HEALTH BENEFITS - APR 2022 357277 3/24/22 280.00 RAY RETIREE HEALTH BENEFITS - APR 2022 357282 3/24/22 190.00 ROARK RETIREE HEALTH BENEFITS - APR 2022 357284 3/24/22 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - APR 2022 357285 3/24/22 260.00 RUIZ RETIREE HEALTH BENEFITS - APR 2022 357286 3/24/22 310.00 SAINZ RETIREE HEALTH BENEFITS - APR 2022 357288 3/24/22 300.00 SANCHEZ RETIREE HEALTH BENEFITS - APR 2022 357293 3/24/22 330.00 SERVATIUS RETIREE HEALTH BENEFITS - APR 2022 357296 3/24/22 340.00 SHOEMAKER RETIREE HEALTH BENEFITS - APR 2022 357298 3/24/22 480.00 SILVA RETIREE HEALTH BENEFITS - APR 2022 357299 3/24/22 580.00 SMITH RETIREE HEALTH BENEFITS - APR 2022 357303 3/24/22 320.00 SMITH RETIREE HEALTH BENEFITS - APR 2022 357304 3/24/22 560.00 STEWART RETIREE HEALTH BENEFITS - APR 2022 357310 3/24/22 200.00 TIPTON RETIREE HEALTH BENEFITS - APR 2022 357317 3/24/22 250.00 UNGAB RETIREE HEALTH BENEFITS - APR 2022 357321 3/24/22 600.00 VERRY RETIREE HEALTH BENEFITS - APR 2022 357326 3/24/22 280.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - APR 2022 357328 3/24/22 480.0 0 VILLARIASA RETIREE HEALTH BENEFITS - APR 2022 357329 3/24/22 480.0 0 WHITE RETIREE HEALTH BENEFITS - APR 2022 357332 3/24/22 230.00 WILKINS RETIREE HEALTH BENEFITS - APR 2022 357333 3/24/22 520.00 YBARRA RETIREE HEALTH BENEFITS - APR 2022 357335 3/24/22 220.00 TOTAL HEALTH RETIREE: 29,875.00
ACOSTA SUPPLY REIMBURSMENT FOR NUTRITION CENTER 357163 3/24/22 100 .00 ADMINSURE INC WORKER'S COMPENSATION CLAIMS 357164 3/24/22 8,109.00 AEP CALIFORNIA LLC PD PATROL VEHICLE 357165 3/24/22 48,410.98 AIRGAS USA LLC MOP 45714 SAFETY APPAREL - PW 357166 3/24/22 600.49 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 357167 3/24/22 1,64 6.73 ANSER ADVISORY MANAGEMENT, LLC GRANTS MANAGEMENT CIP PROJECTS - ENG/PW 357169 3/24/22 5,654.49 BURKE WILLIAMS & SORENSEN LLP PROFESSIONAL SERVICES / CAO 357176 3/24/22 3,021.00 CDWG CYLANCE ANTIVIRUS 357181 3/24/22 23,832.57
CHILDREN'S HOSPITAL SAFE ROUTES TO SCHOOL PROGRAM - ENG/PW 357182 3/24/22 29,740.17 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT - FEB 2022 357183 3/24/22 307.61 2/4
250 of 373
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 38
3/24/2022
CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES - PW 357184 3/24/22 132. 57 CODDINGTON LOCK AND SECURITY CITYWIDE ELECTRONIC DOOR REPAIR / P W 357185 3/24/22 4,822.58 COLANTUONO HIGHSMITH PROFESSIONAL SERVICES / CAO 357186 3/24/22 1 ,842.88 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES AND PARTS / PW 357189 3/24/22 1,449.76 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS 357190 3/24/22 481.00 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 357193 3/24/2 2 2,077.72 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357196 3/24/22 9,44 5.25 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357197 3/24/22 4,80 2.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357198 3/24/22 2,10 0.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357199 3/24/22 1,32 0.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357200 3/24/22 1,02 9.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357201 3/24/22 661. 50 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357202 3/24/22 460. 00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357203 3/24/22 380. 00 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS 3572 05 3/24/22 256.00 D-MAX ENGINEERING INC T&A 90396 - 724 CIVIC CENTER DRIVE - ENG 35 7209 3/24/22 1,369.05 D-MAX ENGINEERING INC CIP 19-19 NC ROOSEVELT SMART GROWTH -ENG 35 7210 3/24/22 115.00 FASTER UMBRELLA LLC APPRAISAL FOR 1845 E AVENUE NC CA 91950 35721 7 3/24/22 450.00 FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES- PW 357218 3 /24/22 348.12 FIRE ETC LA RESCUE LA875R LONG CREW BAG/FIRE 357221 3/24/22 2,836. 27 FORD OF CHULA VISTA 2021 NCPD FORD INTERCEPTOR VEHICLE - ENG 3572 22 3/24/22 80,952.70 GEOSYNTEC CONSULTANTS INC CNC DUCK POND GW MONITORING - ENG/PW 35 7225 3/24/22 1,302.75 GOVCONNECTION INC V7 8GB 1600MHZ SDIMM MEM TAA COMPLIANT 357228 3 /24/22 1,535.27 GRAINGER BUILDING SUPPLIES AND EQUIPMENT FY 22 357229 3/24/22 941. 07 IDEMIA IDENTITY & SECURITY USA NEW EMPLOYEE FINGERPRINT TEST SUB MISSION 357237 3/24/22 16.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING 357238 3/24/22 290.00 KIMLEY HORN 8TH AND ROOSEVELT ATP - ENG/PW 357243 3/24/22 33,351. 55 LASER SAVER INC MOP#45725 OFFICE SUPPLIES / FINANCE 357246 3/24/ 22 184.82 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 357248 3/24/22 1,323.00 LOUNSBERY FERGUSON SD CO-PERMITTEES: STATE MANDATES CLAIM 357250 3/24/22 2,751.00 MCGOUGH TRAINING ADV LDG ICI ROBBRY 357254 3/24/22 1,137.70 NAPA AUTO PARTS MOP 45735- LOW VOC BRAKE CLNR/FIRE 357261 3/24/22 11.40 NATIONAL CITY MOTORCYCLES SERVICE AND REPAIR FOR EMERGENCY 357262 3/24/22 2,350.75 NATIONAL CREDIT REPORTING NOVEMBER-2021 FEE FOR CRIMINAL REPORT 357263 3/24/22 7.95 NATIONAL ELECTRIC WORKS, INC. CIP 20-03 CIVIC CENTER BASEMENT PO WER UP 357264 3/24/22 81,859.41 NINYO & MOORE T&A 90552 - 233 ROOSEVELT AVE - ENG/PW 357265 3/24/ 22 160.82 NV5 INC GEOTECHNICAL OBSER/TESTING PARADISE CREEK 357267 3/24/22 1 6,307.37 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLIES/FINANCE 35726 8 3/24/22 71.11 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES-PW 357270 3/24/22 30.4 4 PACIFIC STATES PETROLEUM INC HYDRAULIC & ENGINE OIL / PW 357271 3 /24/22 935.07 PORTILLO CONCRETE INC CIP 18-10 EULID AVE AND PED ENHANCEMENTS 35 7276 3/24/22 117,549.22 PRO BUILD COMPANY MOP 45707- LEV 2-P USB CHRG&RECEP/FIRE 357278 3 /24/22 165.43 PROFESSIONAL SEARCH GROUP LLC RECRUITMENT SERVICES 357279 3/24/22 7,950.10 PROJECT PROFESSIONALS CORP CIP 20-03 CIVIC CENTER BASEMENT POWER UP 357280 3/24/22 13,431.62 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SVC/ NUTRITION 35728 1 3/24/22 881.36 RELIANCE STANDARD MARCH 2022 - GRP VAI826233, VCI801146 357283 3 /24/22 3,999.40 S D COUNTY VECTOR CNTRL PROGRM MOSQUITO AND VECTOR DISEASE CONTR OL 357287 3/24/22 66.96 3/4
251 of 373
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 38
3/24/2022
SAM'S ALIGNMENT WHEEL ALIGNMENT SERVICE FOR CITY 357289 3/24/22 13 0.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS / PW 357290 3 /24/22 2,930.00 SAN DIEGO MIRAMAR COLLEGE ROT TUITION - R. QUIROGA 357291 3/24/22 23.00 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION ROT 357292 3/24/22 23.0 0 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 357294 3/24/22 20.7 0 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 357295 3/24/22 549.36 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR F Y22 357297 3/24/22 1,526.97 SILVER & WRIGHT LLP PROFESSIONAL SERVICES / CAO 357300 3/24/22 3,5 62.40 SIRCHIE FINGER PRINT CALIBRATION SERVICE CGD8800A / FIRE 357301 3 /24/22 201.50 SMART & FINAL MOP 45756 3/13 LUNCH MENU / NUTRITION 357302 3/24/2 2 19.43 SO CAL PPE, LLC TURNOUT COAT AND PANTS CLEANING / PW 357305 3/24/ 22 10.00 SOUTHWEST SIGNAL SERVICE STREETLIGHT SERVICE MAINTENANCE / PW 357 306 3/24/22 14,383.02 SPOK INC SPOK METROCALL PAGING FY22 357307 3/24/22 663.68 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES / CCO 357308 3/24/22 482.79 STC TRAFFIC GENERAL PROFESSIONAL SERVICES / PW/ENG 357309 3/24/22 20,282.50 SWEETWATER AUTHORITY WATER BILL – WASTEWATER FY 2022 357311 3/24/ 22 726.41 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES- PW 357312 3/24/2 2 963.26 TELECOM LAW FIRM P C PROFESSIONAL SERVICES / CAO 357313 3/24/22 30 0.00 TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES / PW 357314 3/24/22 1,074.00 THE PARTY SENIOR SATURDAY KARAOKE SYSTEM 357315 3/24/22 50.00 THOMSON REUTERS WEST ONLINE/SOFTWARE SUBSCRIPTION - CAO 357316 3 /24/22 1,129.53 TODD PIPE & SUPPLY LLC CITYWIDE PLUMBING MATERIALS & PARTS 357318 3/24/22 2,617.46 U S BANK CREDIT CARD EXPENSES/LIBRARY 357319 3/24/22 119.99 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2022 35732 0 3/24/22 468.45 UNITED LABORATORIES INC BIO BRIGADE ODOR SPRAYER PACK 357322 3/24 /22 460.01 UNITED ROTARY BRUSH CORP STREET SWEEPER REPAIRS AND MAINTENANCE 3 57323 3/24/22 847.93 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES- PW 357 324 3/24/22 828.80 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 357325 3/24/2 2 125.53 VIDEO TRACK LLC DIGITAL, AUDIO, VISUAL TRANSCRIPTION SVC 357327 3 /24/22 175.00 WALTERS TRAINING REIMB SLI 5 / PW 357330 3/24/22 253.13 WEAVER TRAVEL EXPENSE REPORT - PARMA CONFERENCE 357331 3/24/22 1,1 18.66 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES - PW 357334 3/24/22 262.89 A/P Total 613,570.41
PAYROLL
Pay period Start Date End Date Check Date
7 3/8/2022 3/21/2022 3/30/2022 1,144,772.40
GRAND TOTAL 1,758,342.81 $
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The following page(s) contain the backup material for Agenda Item: Warrant Register #39 for the period of 3/25/22 through 3/31/22 in the amount of $238,388.08. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
DEPARTMENT:
PHONE:
EXPLANATION: APPROVED BY:
AGENDA ITEM NO.: MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
FINAL ADOPTION
APPROVED: MIS
PREPARED BY:
Warrant Register # 39
Ratify Warrants Totaling $238,388.08.
This is not a project and, therefore, not subject to environmental review.
Warrant total $238,388.08.
Per Government Section Code 37208, below are the payments issued for period 3/25/22 - 3/31/22.
Consistent with Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
SDG&E 357378 78,170.72 Gas and El ectric for Facilities for FY22 619-336-4572 FinanceKarla Apalategui, Senior Accountant Assistant Warrant Register #39 for the period of 3/25/22 through 3/31/22 in the amount of $238,388.08. (Finance) May 3, 2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
SILVER & WRIGHT LLP PROFESSIONAL SERVICES / CAO 357336 3/28/22 27, 266.18 SAN DIEGO GAS & ELECTRIC UTILITIES FOR NUTRITION CENTER 357337 3/ 29/22 4,187.20 TELECOM LAW FIRM P C TELECOM LAW FIRM INVOICE #11216 357338 3/29/ 22 384.00 AIRGAS USA LLC MOP 45714 GENERAL SUPPLIES- PW 357339 3/31/22 257. 02 ALDEMCO FOOD / NUTRITION CENTER 357340 3/31/22 1,175.60 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 357341 3/31/22 953.74 CALIFORNIA ELECTRIC SUPPLY MOP 45698 GENERAL SUPPLIES - PW 357342 3/31/22 49.82 CANON SOLUTIONS AMERICA INC. MAINTENANCE SERVICE PERIOD 3/1/2022 -3/31/22 357343 3/31/22 83.28 CHENG T&A 90508 - PERFORMANCE BOND REIMBURSEMNT 357344 3/31/22 28, 000.00 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD WASTE FOR FEBRUARY 2022 357 345 3/31/22 1,491.03 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO MAIL POSTAGE BILLING 3573 46 3/31/22 6,037.95 COUNTY OF SAN DIEGO MAIL POSTAGE BILLING JANUARY-22/ SECTION 3573 47 3/31/22 2,481.64 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357348 3/31/22 2,13 8.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357349 3/31/22 1,27 8.81 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357350 3/31/22 590. 00 DEVANEY PATE MORRIS & CAMERON LIABILITY CLAIM COST 357351 3/31/22 3,307.60 DEVANEY PATE MORRIS & CAMERON LIABILITY CLAIM COST 357352 3/31/22 240.44 ENVIRONMENTAL HEALTH COALITION MARKETING AND COMMUNICATIONS 3573 53 3/31/22 6,000.00 ESGIL LLC PLAN CHECKS FOR FIRE DEPARTMENT FOR FY22 357354 3/31/22 669.90 FEDEX EMPLOYEE PERSONNEL FILES & POLICE TESTING 357355 3/31/22 265 .74 FIRE ETC 1.5X3/8 SMOOTH BORE TAPERED TIP/FIRE 357356 3/31/22 205.5 4 H&E EQUIPMENT SERVICES INC GENIE LIFT - ENG/PW 357357 3/31/22 21,6 45.93 HEALTH NET GRP #N7176A - APRIL 2022 357358 3/31/22 1,884.24 HEALTH NET GRP #N7176F - APRIL 2022 357359 3/31/22 1,646.41 HEALTH NET GRP #N7177A - APRIL 2022 357360 3/31/22 1,277.44 HEALTH NET GRP #R1192R - APRIL 2022 357361 3/31/22 857.33 HEALTH NET INC GRP #LB439A - APRIL 2022 357362 3/31/22 6,160.68 HEALTH NET INC GRP #LB439F - APRIL 2022 357363 3/31/22 735.61 I LOVE A CLEAN SAN DIEGO RFW COMMUNITY SERVICES DAY VIRTUAL CLEA N 357364 3/31/22 1,300.00 LASER SAVER INC MOP 45725 GENERAL OFFICE PRINTING SUPPLIES 35736 5 3/31/22 207.66 MASON'S SAW MOP 45729 EQUIPMENT SUPPLIES & REPAIR -PW 357366 3/3 1/22 155.66 MAZZARELLA & MAZZARELLA LLP LIABILITY CLAIM COST 357367 3/31/22 17 5.00 MEYERS, NAVE, RIBACK, SILVER PROFESSIONAL SERVICES / CAO 357368 3 /31/22 2,482.50 NATIONAL CREDIT REPORTING OCTOBER -2021 FEE FOR CRIMINAL REPORT 357369 3/31/22 511.10 NOWDOCS INTERNATIONAL INC 1099 ENVELOPES FOR SECTION 8 DEPARTMEN T 357370 3/31/22 107.67 OFFICE SOLUTIONS BUSINESS MOP 83778- FIRE ADMIN OFC SUPPLIES/FIR E 357371 3/31/22 58.14 OLIVEWOOD GARDENS MARKETING AND COMMUNICATIONS 357372 3/31/22 6, 000.00 O'REILLY AUTO PARTS MOP 75877 AUTO SUUPLIES - PW 357373 3/31/22 32 .61 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES- PW 357374 3/31 /22 942.88 PEREZ LUNCH MENU INGREDIENTS 357375 3/31/22 53.67
PROFESSIONAL SEARCH GROUP LLC TEAM STAFF- DANIEL GONZALEZ / SEC 8 357376 3/31/22 2,440.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES -PW 357377 3 /31/22 1,115.50 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 357378 3/31/22 78,1 70.72 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 357379 3/31/22 969.24 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES - PW 35 7380 3/31/22 83.88 SMART & FINAL MOP 45756 3/18 LUNCH MENU/ NUTRITION 357381 3/31/22 117.38 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES- PW 357 382 3/31/22 15.53 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES 357383 3/31/ 22 702.69 WARRANT REGISTER # 39
3/31/2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 39
3/31/2022
STATE CONTROLLER ANNUAL STREET REPORT 20/21 FY 357384 3/31/22 3,0 67.54 TERMINIX INTERNATIONAL MARCH MONTHLY PEST CONTROL SERVICES 357385 3/31/22 78.00 THE LINCOLN NATIONAL LIFE INS GRP #415491 - APRIL 2022 357386 3/3 1/22 9,420.78 T'S & SIGNS PERSONLIZED CUSTOM UMBRELLA 42" / CSD 357387 3/31/22 7 ,849.58 U S BANK CREDIT CARD EXPENSES/FINANCE 357388 3/31/22 485.00 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 ELECTRIC SUPPLIES - PW 35 7389 3/31/22 214.29 VELARDE SALES LICENSE REIMBURSEMENT 357390 3/31/22 85.00 WESTFLEX INDUSTRIAL MOP 63850 GENERAL SUPPLIES - PW 357391 3/31/2 2 253.48 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES - PW 357392 3/31/22 21.45 A/P Total 238,388.08
GRAND TOTAL 238,388.08$
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The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City adopting the U.S Department of Housing and Urban Development (HUD) 2022-2023 Annual Action Plan and the allocation of 2022-2023 HUD entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2022-2023 Annual Action Plan. (Housing Authority)
Please scroll down to view the backup material.
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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:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
___________________
________________
May 3, 2022
Public Hearing No. 2 of 2 and adoption of a Resolution of the City Council of the City of National City adopting the U.S Department of Housing and Urban Development (HUD) 2022-2023 Annual Action Plan and the allocation of 2022-2023 HUD entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2022-2023 Annual Action Plan.
Housing Authority
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Third-Year Action Plan for program year 2022- 2023 outlines how the City intends to spend an estimated $744,200.00 in federal Community Development Block Grant (CDBG) and $470,687.00 in federal HOME Investment Partnerships (HOME) Program entitlement funds.
A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 3 , 2022 to review public comments received during a 30 -day public review period from March 18 through April 18, 2022 , on the draft 2022-2023 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for program year 2022-2023. After all public comments have been considered at the Public Hearing on May 3, 2022, the City Council may adopt the Third-Year Action Plan and activities for submission to HUD before May 16, 2022. Additional information can be found on attachment number one.
Angelita Palma, Housing Programs Manager
1. Explanation
2. Public Hearing Notice
3. Action Plan Funding
4. Res olution
No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act
FINAL ADOPTION:
APPROVED: ________________ MIS
The City will receive an estimated $744,200 in CDBG and $328,300 in HOME Program funds for FY 2023. In addition, the City will reprogram to FY 2023 $142,387 in HOME program income received.
Conduct the Public Hearing and adopt the Resolution.
Not applicable to this report.
(619) 336-4219
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Attachment No. 1
City of National City
May 3, 2022
Staff Report Explanation