Agenda packet — National City City Council, June 7, 2022 (part 1 of 2)

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, JUNE 7, 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 384

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. National City Celebrates LGBTQ+ Pride Month by recognizing Rainbow Spaces.

AWARDS AND RECOGNITIONS

PRESENTATIONS (FIVE-MINUTE TIME LIMIT)

2. Introduction of New City Employees.

3. Olivewood Gardens Presentation. (Library and Community Services)

INTERVIEWS / APPOINTMENTS

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

CONSENT CALENDAR

4. 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 a nd/or adopted after a reading of the title only. (City Clerk)

5. Approval of City Council Meeting Minutes. (City Clerk)

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

7. Adoption of a Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements of Qualifications Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022. (City Clerk)

8. Adoption of a Resolution of the City Council of the City of National City, California, Providing Notice of and Calling for the Holding of a General 6 of 384

Municipal Election, for the Purpose of the Election of Certain Elected Officials, Requesting the San Diego C ounty Board of Supervisors to Consolidate the Municipal Election with the Statewide Gubernatorial Municipal Election on Tuesday, November 8, 2022, as Required by the Provisions of the Laws of the State of California Relating To General Law Cities. (City Clerk)

9. Adoption of a Resolution of the City Council of the City of National City, California, Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election. (City Clerk)

10. Resolution of the City Council of the City of National City, California, ratifying the submission of 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)

11. Resolution of the City Council of the City of National City, California, authorizing the issuance of a Request for Proposals (“RFP”) for an Enterprise Resource Planning (ERP) System and Implementation Services. (Finance)

12. Resolution of the City Council of the City of National City, California approving the Engineer’s Report for and initiating proceedings of the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23. (Planning)

13. Resolution of the City Council of the City of National City, California declaring its intention to conduct a public hearing on June 21, 2022 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mil e of Cars) for Fiscal Year 2022/23. (Planning)

14. Resolution of the City Council of the City of National City, California 1) ratifying acceptance of funds in the total amount of $15,819 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY22 to implement recycling projects and programs such as beverage recycling containers in city parks, clean -up activities, and educational materials; 2) authorizing the acceptance of the Beverage Container Recycling City/County Payment Program funds for $15,819 and the establishment of the Trash Rate Stabilization Fund appropriation of $15,819 and corresponding re venue budget for the implementation of recycling projects and programs. (Engineering/Public Works)

15. Resolution of the City Council of the City of National City, California accepting a Grant Deed from KD Cove, LLC for a Street Dedication for a portion of E. 31st Street between the southerly line of “B” Avenue and “C” Avenue, to be 7 of 384

vacated for public use, and authorizing the Mayor to execute the certification thereof evidencing the City’s consent to and acceptance of the Grant De ed. (Engineering/Public Works)

16. Resolution of the City Council of the City of National City approving the temporary street closure of Newell Street and 22nd Street scheduled to take place during the period of June 8th, 2022 t hrough July 28th, 2022, for the construction of a neighborhood traffic circle at this intersection. (Engineering/Public Works)

17. Resolution of the City Council of the City of National City, California authorizing the acceptance of the California State Library Lunch at the Library Grant in the amount of $800 to fund library programs and authorizing the establishment of a Library Grants Fund appropriation of $800 and corresponding revenue budget. (Library and Community Services)

18. Investment transactions for the month ended April 30, 2022. (Finance)

19. Warrant Register #42 for the period of 4/15/22 through 4/21/22 in the amount of $1,740,797.06. (Finance)

20. Warrant Register #43 for the period of 4/22/22 through 4/28/22 in the amount of $950,740.08. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

NON CONSENT RESOLUTIONS

21. Resolution of the City Council of the City of National City, California adopting a budget for fiscal year 2023. (Finance)

22. Adoption of Resolutions Ordering the Submission of a Ballot Measure to the qualified voters of the City of National City at the Statewide Gubern atorial Municipal Election to be held on November 8, 2022, to make the Office of City Clerk Appointive. (City Manager)

23. Adoption of Resolutions Ordering the Submission of a Ballot Measure to the qualified voters of the City of National City at the Statewide Gubernatorial Municipal Election to be held on November 8, 2022, to make the Office of City Treasurer Appointive. (City Clerk)

NEW BUSINESS
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY
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24. Resolution of the Community Development Commission -Housing Authority of the City of National City, California to Amend and Restate the Disposition and Development Agreement (DDA) with San Diego Habitat for Humanity (Habitat) in its entirety the Prior Agreement and further removes San Diego Community Land Trust as a party to this Agreement and terminates its respective obligations under the Prior Agreement by removing the San Diego Land Trust for the development of six affordable homeownership units at 405 - 419 West 18th Street in National City, and authorizing the Executive Director of the CDC-HA to execute the DDA. (Housing Authority)
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY

25. Resolution of the Community Development Commission -Housing Authority of the City of National City, Californi a (“Housing Authority”) approving two conditional loan awards for funding requested through the Affordable Housing Notice of Funding Availability (“NOFA”) released on October 14, 2021 of Eight Million Dollars ($8,000,000) to the Union Tower Affordable Housing Project by Wakeland Housing Development and Housing Corporation and Two Million Dollars ($2,000,000) to the Azuriik Affordable Housing Project by MAAC National City, LP. (Housing Authority)

NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS

STAFF REPORTS

26. City Manager Report. (City Manager)

MAYOR AND CITY COUNCIL

27. City Council Policy #105 request to agendize at a future meeting repealing or amending National City Municipal Code Title 11, Chapter 11.68 – Cruising Ordinance - Councilmember Jose Rodriguez.

28. City Council Policy #105 reques t to agendize at a future meeting that the City Manager/Administrative Services Director provide an update on current employee retention and recruitment efforts - Vice Mayor Marcus Bush.

CLOSED SESSION

CLOSED SESSION REPORT

ADJOURNMENT
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Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - June 21, 2022 - 6:00 p.m. - Council Chambers - National City, California. 10 of 384

The following page(s) contain the backup material for Agenda Item: National City Celebrates LGBTQ+ Pride Month by recognizing Rainbow Spaces.

Please scroll down to view the backup material.
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Item # ___
06/07/22
National City Celebrates LGBTQ+ Pride Month
by recognizing Rainbow Spaces
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The following page(s) contain the backup material for Agenda Item: Introduction of New City Employees.

Please scroll down to view the backup material.
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Item # ___
06/07/22

Introduction of New City Employees

(City Manager)

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The following page(s) contain the backup material for Agenda Item: Olivewood Gardens Presentation. (Library and Community Services)
Please scroll down to view the backup material.
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Item # ___
06/07/22

PRESENTATION

OLIVEWOOD GARDENS

(Library & Community Services)

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2525 N Ave. National City, CA | www.olivewoodgardens.org 17 of 384
Our Mission
The Mission of Olivewood Gardens and Learning Center is to inspire youth and adults to be healthy and active citizens through organic gardening, environmental stewardship, and nutrition education.
2525 N Ave. National City, CA | www.olivewoodgardens.org 18 of 384
2525 N Ave. National City, CA | www.olivewoodgardens.org Our Purpose
Inspiring Healthy Families
and a Healthy Environment
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2525 N Ave. National City, CA | www.olivewoodgardens.org Our Community
• Youth, adults, and families in National City, Chula
Vista, and South San Diego
• Community impacted by history of social
inequities
• Disproportionate levels of chronic disease
resulting from limited access to fresh food and
green space, air pollution
• Median income: $43,168
• 63% Latinx, 17% Asian
• 40.7% migrant population
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2525 N Ave. National City, CA | www.olivewoodgardens.org Our programs
support
children, families,
school staff, and
the community
Children’s
Garden &
Nutrition
Program Cooking
for
Salud®
Kitchenistas
Community
Engagement
Program
School
Wellness
Support
School
Garden
SupportChildren’s
Cooking &
Gardening
Classes
Food Access
& Advocacy
Programs
High School
and College
Internship
Programs
Adult
Cooking &
Gardening
Classes
Volunteer
Program
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2525 N Ave. National City, CA | www.olivewoodgardens.org Children’s Garden & Nutrition
Education Program
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School Wellness &
School Garden Support
2525 N Ave. National City, CA | www.olivewoodgardens.org 23 of 384
2525 N Ave. National City, CA | www.olivewoodgardens.org 24 of 384
Kitchenistas Community
Engagement Program
2525 N Ave. National City, CA | www.olivewoodgardens.org 25 of 384
2525 N Ave. National City, CA | www.olivewoodgardens.org High School Leadership Programs
Garden 2 Kitchen Sustainable Urban Agriculture
Building Sustainable Communities Ongoing Learning
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Food Access & Advocacy Programs
2525 N Ave. National City, CA | www.olivewoodgardens.org 27 of 384
Our Impact
2525 N Ave. National City, CA | www.olivewoodgardens.org Kids are eating more fruits and
vegetables and are more connected to
the earth
Families are cooking and eating healthy
meals together, and growing their own
food
Adults and youth are becoming health
leaders within their families and
community
Our community is building capacity to
lead health equity and champion food
justice
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Paradise Creek Community
Garden
2525 N Ave. National City, CA | www.olivewoodgardens.org 29 of 384
Current Hours, Please Stop By:

Paradise Creek Community
Garden
2525 N Ave. National City, CA | www.olivewoodgardens.org Tuesday - 3 to 6 p.m.

Wednesday - 8 a.m. to 1 p.m.

Thursday 3 to 6 p.m.

Saturday 10 a.m. to 2 p.m.
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Paradise Creek
Community Garden
2525 N Ave. National City, CA | www.olivewoodgardens.org • Garden beds available
• Monthly Programs
Garden Workshops
Clean-ups
• Farm Truck with Fresh Produce
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Thank you!
olivewoodgardens.org
[email protected]
2525 N Avenue, National City
(619) 434-4281
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The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City, California, approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material.
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Item # ___
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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)
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The following page(s) contain the backup material for Agenda Item: Approval of City Council Meeting Minutes. (City Clerk)
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Item #__________
06-07-2022

APPROVAL OF CITY COUNCIL MEETING MINUTES

CITY COUNCIL OF THE CITY OF NATIONAL CITY:

Virtual Special Meeting Minutes: March 15, 2022 at 4:00 p.m.

Virtual Special Meeting Minutes: March 21, 2022 at 3:00 p.m.

Virtual Regular Meeting Minutes: April 5, 2022 at 6:00 p.m.

Virtual Special Closed Session Meeting Minutes: April 5, 2022 at 3:00 p.m.

Virtual Special Meeting Minutes: April 12, 2022 at 4:00 p.m.

Virtual Special Closed Session Meeting Minutes: April 12, 2022 at 3:00 p.m.

(City Clerk)

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Page 1 of 2 ends

MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

March 15, 2022

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

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 4:10 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell Jr., Chapel Consultants: Matt Rexroad, Fabian Valdez Jr.

Interpretation in Spanish provided by Carlos Diaz.

Councilmember Rios led the Pledge of Allegiance.

PUBLIC COMMENT
No public comment for non-agenda items.

PUBLIC HEARING: ORDINANCES AND RESOLUTIONS

1. Public Hearing to Consider District Elections and Final Map Consideration.

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

Mayor Sotelo-Solis introduced City Clerk Molina who provided a summary and introduced Matt Rexroad, consultant with Redistricting Insights. Fabian Valdez Jr. provided a PowerPoint presentation, including maps submitted by members of the public, and addressed questions from Council.

Mayor Sotelo-Solis declared the Public Hearing open at 4:25 p.m.

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City of National City – Special Meeting Minutes March 15, 2022 Districting Public Hearing #4

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Public Comment:

Ten (10) speaker s registered and provided comment: Monseratt Hernandez, Alicia Sanchez, Myleen Abuan, Kandi Custodio‐Tan, Jose Franco Garcia, Marianne Delatorre, Mae Case, Kristina Manaquil, Julio DeGuzman, and Joann Fields.

Twenty-six (26) written comments were received and read: Amy Castaneda, Angela Subido, Aurora Soriano Cudal, Silvia Calzada, Jerry Cano, Teddy Datuin , Debbie Espe - Neighborhood Voices of San Diego, Diana Go, Dyno - Asian Solidarity Collective, Joyce Ann Eclarino, Eric - Asian Solidarity Collective, Femie Villaflores, David Garcias, Jose Lopez, Karla Nava, Ken Seaton‐Msemaji, Alfredo Leano, Joseph V. Mazares III, Pebblz Luv, Angelica Ramirez, Myrna TF Reyes, Ron Cho, Cynthia Suero‐Gabler, Stacey Uy, Board of Directors – COPAO, and Mark Leo.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to close the Public Hearing at 6:01 p.m.

Motion carried by unanimous vote.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to select the map from Public Submission #4 (submitted by the group South Bay Collective for Fair Representation) for adoption.

Substitute motion by Councilmember Rodriguez, seconded by Councilmember Morrison, to select the adjusted map from Public Submission #1 (submitted by the group APAC) for adoption.

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

Vote on original motion to accept map from Public Submittal #4.

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

ADJOURNMENT

Mayor Sotelo -Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City, Tuesday, April 5, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 6:03 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of June 7, 2022.

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

NATIONAL CITY COUNCIL

March 21, 2022

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

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:07 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Morrison, Rios, Rodriguez, Bush, Sotelo-Solis Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell Jr., Chapel Consultants: Fabian Valdez Jr., Aleks Giragosian

Interpretation in Spanish provided by Carlos Diaz.

Vice-Mayor Bush led the Pledge of Allegiance.

PUBLIC COMMENT
No public comment for non-agenda items.

PUBLIC HEARING: ORDINANCES AND RESOLUTIONS

1. Public Hearing to Consider District Elections and Numbering Districts Map.

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

Mayor Sotelo-Solis introduced City Clerk Molina who provided a summary . Deputy City Clerk Chapel provided a report. Fabian Valdez, consultant with Redistricting Insights provided a PowerPoint presentation, including numbering scenarios, and addressed questions from Council.

Mayor Sotelo-Solis declared the Public Hearing open at 3:49 p.m.

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Public Comment:

Four (4) written comments were received and read: Cynthia Suero -Gabler, Thelma Virata de Castro, Myrna Reyes, and Marianne Delatorre.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Morrison, to close the Public Hearing at 3:49 p.m.

Motion carried by unanimous vote.

Mayor Sotelo -Solis offered a bifurcated motion to first agree to assignment in a clockwise direction, and then a random draw for the sequencing of the districts.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Vice-Mayor Bush, to start the ordering of the districts in a clockwise direction beginning with the district closest to the water. Then, conduct a random draw to assign sequencing numbers to each district . Vice-Mayor Bush rescinded his second. Councilmember Rios seconded the motion.

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

ACTION: Motion by Councilmember Morrison, seconded by Mayor Sotelo-Solis, to select numbering scenario C from the Staff presentation.

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

2. CONTINUED: Public Hearing to Consider District Elections and Random Draw to Determine Sequencing.

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

Mayor Sotelo-Solis introduced City Clerk Molina who provided an explanation for conducting the draw. Deputy City Clerk Chapel addressed questions from member of the City Council.

Mayor Sotelo-Solis declared the Public Hearing open at 4:00 p.m.

Public Comment:

One (1) written comment was received and read: Thelma Virata de Castro.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to close the Public Hearing at 4:03 p.m.

Motion carried by unanimous vote.

ACTION: Motion by Mayor Sotelo -Solis, seconded by Councilmember Rios, to select District 1 and District 3, as shown in numbering scenario C, for election in November 2022.

Substitute motion by Councilmember Morrison to accept Staff’s recommendation to conduct a drawing of evens and odds to determine the sequencing of the districts.

Motion died for lack of a second.

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Vote on original motion select District 1 and District 3, as shown in numbering scenario C, for election in November 2022.

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

City Attorney Bell suggested that City Council give direction to Staff to notice Item 2 for a future meeting, due to the different manner pursued for sequencing of the districts, to allow for proper notice to the Public and to finalize the decision on the sequencing.

Deputy City Clerk Chapel suggested that the timeline allows for the next special public hearing to occur on April 12, 2022 at 4:00 p.m.

Mayor Sotelo-Solis gave direction to Staff, as discussed.

3. CONTINUED: An Urgency Ordinance of the City Council of the City of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, and Adding Chapter 2.77 ("By -District Elections") of Title 2 ("Administration") to the National City Municipal Code to Change the City's Electoral System from At-Large to By-District with Respect to Electing Members of the City Council.

Mayor Sotelo-Solis gave direction to Staff, as discussed.

ADJOURNMENT

The meeting adjourned at 4:22 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of June 7, 2022.

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

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

April 5, 2022

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

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

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

A. CITY COUNCIL

CALL TO ORDER
The meeting was called to order at 6:03 p.m. by Mayor Sotelo-Solis.

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

Absent: Bush
Other Elected Officials present: Beauchamp, Molina

Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Brennan, Barrera, Yano, Aguirre, Ryan, Gilman, Meteau, Vergara, Parra, Tellez, Lopez, Garcia.

Interpretation in Spanish provided by Luisa Diaz de Leon.

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

PUBLIC COMMENTS
Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing three (3) minute per comment and introduced City Clerk Molina.

No spoken comments.

Two (2) written comment were received and read: A. Delgado, and Christine Middleton and Henry Manriquez.

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PROCLAMATIONS AND CERTIFICATES - No agenda items

AWARDS AND RECOGNITIONS - No agenda items

PRESENTATIONS - No agenda items

INTERVIEWS / APPOINTMENTS - No agenda items

REGIONAL BOARDS AND COMMITTEE REPORTS

Port of San Diego Commissioner Sandy Naranjo provided a report on the Port.

Mayor Sotelo -Solis reported on the business of San Diego Association of Governments (SANDAG), and San Diego Community Power (SDCP).

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

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

Councilmember Rodriguez announced that the Metro Wastewater Joint Powers Authority (JPA) meeting is forthcoming.

CONSENT CALENDER

Public Comment:

One (1) spoken comment was registered and heard: Chad Matkowski (Item 4).

ACTION: Motion by Councilmember Rios, seconded by Councilmember Rodriguez, to approve the Consent Calendar Items 1 through 17.

Motion carried by 4-0 vote.

1. Approved 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.

2. Approved City Council Meeting Minutes - February 2022.

3. Adopted Resolution No. 2022-47. Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to May 3, 2022, as required by AB 361.

4. Adopted Resolution No. 2022 -48. Resolution of the City Council of the City of National City, California, approving an agreement between the City of National City and the National City Chamber of Commerce for a not to exceed amount of $50,000 to assist in addressing the negative impacts of the pandemic to the National City business community and appropriating $50,000 from the American Rescue Plan Act funds allocated to General Fund offsets for the agreement.

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5. Adopted Resolution No. 2022 -49. Resolution of the City Council of the City of National City, California, authorizing the issuance of a Request for Qualifications (“RFQ”) for Employment and Labor Law legal services for the City of National City.

6. Adopted Resolution No. 2022-50. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute a Common Interest and Mutual Defense Agreement between the San Diego Unified Port District and the City of National City.

7. Adopted Resolution No. 2022 -51. Resolution of the City Council of the City of National City, California 1) accepting the work performed by Perry Electric, Inc. for the Citywide Pedestrian Safety Improvements Project, CIP No. 19 -13; 2) approving the final contract amount of $336,625.42; 3) ratifying the release of retention in the amount of $16,831.27; and 4) authorizing the Mayor to sign the Notice of Completion for the project.

8. Adopted Resolution No. 2022-52. Resolution of the City Council of the City of National City, California 1) accepting the work performed by Baker Electric for the Citywide Safety Lighting Enhancements Project, CIP No. 19-15; 2) approving the final contract amount of $74,763.84; 3) ratifying the release of retention in the amount of $3,738.19; a nd 4) authorizing the Mayor to sign the Notice of Completion for the project.

9. Adopted Resolution No. 2022 -53. Resolution of the City Council of the City of National City, California 1) accepting the work performed by Lekos Electric, Inc. for the E. 4th Street Protected Left Turn Enhancements Project, CIP No. 19-14; 2) approving the final contract amount of $105,934.20; 3) ratifying the release of retention in the amount of $5,296.71; and 4) authorizing the Mayor to sign the Notice of Completion for the project.

10. Adopted Resolution No. 2022 -54. Resolution of the City Council of the City of National City, California 1) accepting the work performed by Select Electric, Inc. for the Fiber Optic Traffic Signal Interconnect Expansion, Phase 2, CIP 19-08; 2) approving the final contract amount of $383,120.74; 3) ratifying the release of retention in the amount of $19,156.04; and 4) authorizing the Mayor to sign the Notice of Completion for the project.

11. Adopted Resolution No. 2022 -55. Resolution of the City Counc il of the City of National City, California 1) accepting the work performed by HMS Construction, Inc. for the Pedestrian ADA Improvements Project, CIP No. 19 -09; 2) approving the final contract amount of $234,669.20; 3) ratifying the release of retention in the amount of $11,733.47; and 4) authorizing the Mayor to sign the Notice of Completion for the project.

12. Approved Temporary Use Permit - Community Easter sponsored by Heart Revolution Church at 1920 Sweetwater Road on April 17, 2022 from 9 a.m. to 3 p. m. with no waiver of fees.

13. Approved Temporary Use Permit – National Day of Prayer sponsored by Heart Revolution Church at Kimball Park Bowl on May 5, 2022 with no waiver of fees.

14. Approved Temporary Use Permit – 3rd Annual End of Summer Car Show hosted by the San Diego Lowrider Coalition at Kimball Park on Saturday, September 17, 2022 from 11 a.m. to 5 p.m. with no waiver of fees.

15. Approved Investment transactions for the month ended January 31, 2022.

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16. Ratified Warrant Register #34 for the period of 2/18/22 through 2/24/22 in the amount of $2,023,377.88

17. Ratified Warrant Register #35 for the period of 2/25/22 through 3/3/22 in the amount of $454,794.97

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

18. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, Repealing and Replacing National City Municipal Code Chapter 2.75, entitled, Election Campaign Regulations.

City Clerk Molina read the title of the Ordinance into the record. Deputy City Clerk Chapel provided the report and addressed questions from the City Council.

Mayor Sotelo-Solis declared the Public Hearing open at 6:40 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to close the Public Hearing at 6:41 p.m.

Motion passed by 4-0 vote.

ACTION: Motion by Councilmember Rios, seconded by Mayor Sotelo -Solis, to adopt the Ordinance. Motion was amended to include direction to Staff to bring back an agenda item for discussion of campaign contribution limits for future candidates at $1,000 for Mayor and $500 for City Councilmember seats.

Substitute motion by Councilmember Morrison, seconded by Councilmember Rodriguez to adopt the Ordinance as presented.

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

Vote on original motion.

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

Ordinance has failed for lack of majority support and will not return for adoption.

19. Adopted Ordinance No. 2022-2499. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, Amending Municipal Code 9.60.23 0 (Evidence of a Cannabis Owner(s), and Representatives(s) Background Check Required) and 9.60.230(j) (general Operating Requirements for all Commercial Cannabis Businesses).

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

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Mayor Sotelo-Solis introduced Economic Development Specialist Megan Gamwell who presented the report and addressed questions from the City Council.

Mayor Sotelo-Solis declared the Public Hearing open at 7:27 p.m.

Public Comment:

Three (3) spoken comment s were registered and heard: Judith Strang, Kelly McCormick, and Becky Rapp.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Morrison, to close the Public Hearing at 7:33 p.m.

Motion passed by 4-0 vote.

ACTION: Motion by Councilmember Ro driguez, seconded by Mayor Sotelo-Solis, to a dopt the Ordinance.

Motion passed by 4-0 vote.

NON CONSENT RESOLUTIONS - No agenda items

NEW BUSINESS

20. Accepted Notice of Decision – Planning Commission approval of a Conditional Use Permit for beer and wine sales at an existing restaurant (Teriyaki Sun) located at 4 N. Euclid Avenue, Suite A. (Applicant: Jose Armando Lua) (Case File 2021-24 CUP).

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

Mayor Sotelo-Solis introduced Principal Planner Martin Reeder who provided remarks.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to concur with the Planning Commission’s recommendation to accept and file the Notice of Decision.

Motion passed by 4-0 vote.

21. CONTINUED Notice of Decision – Planning Commission approval of a Conditional Use Permit for distilled spirits sales (Type 21) at a proposed retail outlet (Tahona Mercado) to be located at 802 ‘B’ Avenue. (Applicant: Amar Harrag) (Case File 2021-27 CUP).

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

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios, to continue this item to a future public hearing.

Motion passed by 4-0 vote.

22. Accepted Notice of Decision – Planning Commission approval of a Conditional Use Permit for the operation of a veterinary clinic at an existing Petco store located at 3426 Highland Ave, Suite B. (Applicant: Pierre Cabral) (Case File 2021-29 CUP).

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

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Mayor Sotelo-Solis introduced Principal Planner Martin Reeder who provided remarks.

Public Comment: None

ACTION: Motion by Councilmember Morrison, seconded by Mayor Sotelo-Solis, to concur with the Planning Commission’s recommendation to accept and file the Notice of Decision.

Motion passed by 4-0 vote.

23. Accepted Notice of Decision – Planning Commission approval of a Conditional Use Permit for the modification of an existing wireless communications facility located at 700 National City Blvd. (Applicant: J5 for Dish) (Case File 2021-30 CUP).

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

Mayor Sotelo -Solis introduced Principal Planner Martin Reeder who provided re marks and addressed questions from City Councilmembers.

Public Comment: None

ACTION: Motion by Councilmember Ro driguez, seconded by Councilmember Rios, to concur with the Planning Commission’s recommendation to accept and file the Notice of Decision.

Motion passed by 4-0 vote.

24. Accepted Temporary Use Permit – Cruise Nights hosted by United Lowrider Coalition from May 6, 2022 to October 7, 2022 with no waiver of fees.

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

Mayor Sotelo-Solis introduced Director of Community Development Vergara who provided the report. Chief of Police Tellez was present to address questions.

Public Comment:

One (1) verbal comment was registered and heard: Jovita Arellano

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rodriguez, to approve the decision and recommend that the temporary use permit be filed with an amendment to extend the route as 6th Street to 28th Street, and contingent upon submission of an agreement letter from the staging site: Sweetwater High School.

Motion passed by 4-0 vote.

B. COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY – No agenda items

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PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY

25. Adopted Resolution No. 2022 -83. Public Hearing and Resolution of the Community Development Commission -Housing Authority of the City of National City, California approving the Streamlined Annual Public Housing Agency Plan (“Annual PHA Plan”) for the Housing Choice Voucher Program for Fisc al Year 2022 -2023 and authorizing the submittal of the Annual PHA Plan for acceptance by the U.S. Department of Housing and Urban Development.

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

Chair Sotelo-Solis introduced Director of Housing Aguirre and Manager of Section 8 Housing Program Marta Rios who provided the report and addressed questions from Commissioners.

Chair Sotelo-Solis declared the Public Hearing open at 8:00 p.m.

Public Comment: None.

ACTION: Motion by Commissioner Morrison, seconded by Commissioner Rios, to close the Public Hearing at 8:01 p.m.

Motion passed by 4-0 vote.

ACTION: Motion by Co mmissioner Rios, seconded by Co mmissioner Morrison, to a dopt the Resolution.

Motion passed by 4-0 vote.

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY – No agenda items

NEW BUSINESS - HOUSING AUTHORITY – No agenda items

C. REPORTS

STAFF REPORTS

26. Discussion of Public Meeting Protocols.

City Clerk Molina provided an introduction . Deputy City Clerk Chapel provided a PowerPoint Presentation. Deputy City Clerk Chapel and Assistant City Manager Winney addressed questions from City Councilmembers.

Public Comment:

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

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rodriguez, to accept the recommendation of “Option 1: Return to In-Person City Council Meetings” effective August 2, 2022, for City Council, Planning Commission, and Community & Police Relations Commi ssion meetings, with the amendment to continue to read the written comments into the record for the remainder of 2022.

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A friendly amendment was offered by Councilmember Rios to continue to offer online public verbal comment via audio only (phone-in) on a trial basis for the remainder of 2022. Maker and seconder of the motion accepted the friendly amendment.

Motion passed by 4-0 vote.

Councilmember Rios requested for Staff to consider changing the cut-off time for acceptance of public comment to an earlier time on the day of the meeting.

27. CONTINUED Discussion Item: City Council Policy Nos. 104 and 113 regarding City Council Meeting Decorum.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios, to continue this item to a future meeting.

Motion passed 4-0.

28. City Manager Report.

City Manager Raulston provided the report and introduced new employee, Economic Development Manager Pedro Garcia.

MAYOR AND CITY COUNCIL

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

CLOSED SESSION

CLOSED SESSION REPORT

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

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

No report.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Tasha Williamson, et al. v. City of National City United States District Court, Southern District of California – Case No. 18-cv-02394-

GPC-JLB

No report.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Elizabeth Lopez and Jacqueline Arevalo, et al. v. City of National City San Diego Superior Court - Case No. 37-2018-00056986-CU-OR-CTL

No report.
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4. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Police Officers Association (POA) Agency Designa ted Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Grace Navarro (Human Resources Manager)

No report.

ADJOURNMENT

Mayor Sotelo -Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City, Tuesday, April 19, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 8:45 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of June 7, 2022.

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

NATIONAL CITY COUNCIL

April 5, 2022

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

OPEN SESSION

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

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez (audio only until 3:31 p.m. video added), and Sotelo-Solis
Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gomez, Navarro, Brennan, and Valadez
Consultants/Advisors: Eddie Kreisberg, Labor Negotiator

PUBLIC COMMENT
None

CLOSED SESSION

Members retired into Closed Session at 3:0 7 p.m. and returned at 3:18 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez (Audio only) , Sotelo -Solis, Raulston, Winney, and Bell Jr.

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

Members retired into Closed Session at 3:19 p.m. and returned at 3:51 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez (rejoined meeting with video at 3:31 p.m.), Sotelo-Solis, Raulston, Winney, Bell Jr., and Gomez.

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Members retired into Closed Session at 3:51 p.m. and returned at 4:28 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, Valadez, Navarro, and Kreisberg.

4. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Police Officers Association (POA) Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Grace Navarro (Human Resources Manager)

CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING

ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Special Meeting to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City held Tuesday, April 5, 2022 at 6:00 p.m. via teleconference.

The meeting adjourned at 4:29 p.m.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of June 7, 2022.

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

NATIONAL CITY COUNCIL

April 12, 2022

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

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 4:00 p.m. by Mayor Sotelo-Solis.

Interpretation in Spanish provided by Carlos Diaz.

Councilmember Rios led the Pledge of Allegiance.

PUBLIC COMMENT
No public comment for non-agenda items.

PUBLIC HEARING: ORDINANCES AND RESOLUTIONS

1. Continued Public Hearing to Determine Sequencing of Map for By-District Elections.

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

Mayor Sotelo-Solis introduced City Clerk Molina who provided a summary.

Mayor Sotelo-Solis declared the Public Hearing open at 4:08 p.m.

Public Comment:

One (1) spoken comment was registered and heard: Cynthia Suero-Gable.

One (1) written comment was received and read: Audie de Castro.

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ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Morrison, to close the Public Hearing at 4:14 p.m.

Motion carried by unanimous vote.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Rios , to adopt sequencing for district elections, as discussed on March 15, 2022, numbering the quadrants 1 to 4 clockwise starting from the Old Town district, and to have District 1 and District 3 up for election on November 2022.

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

2. An Urgency Ordinance of the City Council of the City of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, And Adding Chapter 2.77 ("By-District Elections") of Title 2 ("Administration") to the National City Municipal Code to Change the City's Electoral System from At-Large to By-District with Respect to Electing Members of the City Council.

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

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

Mayor Sotelo-Solis declared the Public Hearing open at 4:20 p.m.

Public Comment:

One (1) spoken comment was registered and heard: Mitz Lee.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Rios, to close the Public Hearing at 4:23 p.m.

Motion carried by unanimous vote.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios, to adopt the Urgency Ordinance.

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

ADJOURNMENT

Mayor Sotelo -Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City , Tuesday, April 19, 2022, 6:00 p.m. via teleconference.

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The meeting adjourned at 4:27 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of June 7, 2022.

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

NATIONAL CITY COUNCIL

April 12, 2022

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

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:03 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell Jr., Chapel, Gomez, Navarro, Brennan, Tellez, and Valadez
Consultants/Advisors: Eddie Kreisberg, Labor Negotiator

PUBLIC COMMENT
None

CLOSED SESSION

Members retired into Closed Session at 3: 13 p.m. and returned at 3:58 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, and Bell Jr., Tellez, Brennan, Valadez, Navarro, and Labor Negotiator Kreisberg.

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organization: Police Officers Association (POA) Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance),

CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING

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City of National City – Special Meeting Minutes (Closed Session) April 12, 2022

Page 2 of 2 ends

ADJOURNMENT

Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council of the City of National City held Tuesday, April 19, 2022 at 6:00 p.m. via teleconference.

The meeting adjourned at 3:59 p.m.

__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of June 7, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
57 of 384

The following page(s) contain the backup material for Agenda Item: Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to July 5, 2022, as required by AB 361. (City Clerk)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

None.

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:

RECOMMENDATION:

ATTACHMENTS:
_ Shelley Chapel
__________________
________________

June 7, 2022

Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to July 5, 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 Emerge ncy continues as the COVID -19 Delta Variant has emerged causing a spike in cases throughout the world. The City complies with the County of San Diego County Health Department and Cal OSHA requirements to ensure the health and safety of its staff and the public.

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

See Attachment A – Explanation regarding Assembly Bill No. 361

Shelley Chapel, MMC, Deputy City Clerk
A – Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS

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

(619) 336-4225

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RESOLUTION NO. 2022 -

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

MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES TO JULY 5, 2022

WHEREAS, the World Health Organization has declared the COVID-19 outbreak a global pandemic , and local and state emergencies have been declared , providing a 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 extended 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 was set to expire on September 30, 2021.

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

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

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

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

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

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

WHEREAS, on February 1 , 2022, City Council adopted Resolution No. 2022-11 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on March 1 , 2022, City Council adopted Resolu tion No. 2022-31 declaring findings to continue to teleconference for an additional 30 days; and

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1 Resolution No. 2022 –
Page Two

WHEREAS, on April 5, 2022, City Council adopted Resolution No. 2022-47 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on May 17, 2022, City Council adopted Resolution No. 2022-74 declaring findings to continue to teleconference for an additional 30 days; and

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

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

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

Section 2: Makes the findings that the City of National City meets the requirements to continue holding meetings remotely to ensure the health and safety of its staff and the public.

Section 3: 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 7th day of June 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: Adoption of a Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements of Qualifications Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022. (City Clerk)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

This action does not include fiscal impact as the Candidates will pay the exact costs billed to the City, and will reimburse the City if cost is greater than estimate. If the final cost is under the estimate the City will refund the difference to the Candidate.

n/a

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.

App
STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:

Shelley Chapel
__________________
________________

June 7, 2022

Adoption of a Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements of Qualifications Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022. (City Clerk)

City Clerk’s Office
As per Elections Code Section 13307, provides that the governing body of a local agency adopts regulations pertaining to materials prepared by a Candidate for a Municipal Election, to include the cost of Candidate Statements of Qualifications prior to Election.

WHEREAS, § 13307 of the Elections Code of t he State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. Cities in San Diego County are requi red to translate Candidate’s Statements into Spanish, Filipino, Chinese, and Vietnamese and have the translation available upon request. The 18 Cities share the cost of the elections by consolidating the County of San Diego Registrar of Voters including translations.

The San Diego County Registrar of Voters has estimated the November 8, 2022, costs to be $1600 for Mayoral Candidates and $1500 for City Councilmember Candidates for a 200 -word statement, all candidates would be subject to the estimated fee, or would need to opt out by submitting a Candidate Statement for Qualification to the Office of the City Clerk. The Nomination Period for the November 8, 2022, Gubernatorial Municipal Election opens July 18, 2022 and closes August 12, 2022. Once set this fee cannot be revoked or modified after the seventh day prior to the opening of the Nomination Period or July 11, 2022.

Shelley Chapel, MMC, Deputy City Clerk
Attachment A - Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS

Adoption of Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements of Qualifications Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022.

(619) 336-4228

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE

OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE

VOTERS AT A STATEWIDE GUBERNATORIAL MUNICPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022

WHEREAS, Elections Code § 13307 of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal elec tion, including costs of the candidate s statement.

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

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

SECTION 1: GENERAL PROVISIONS.

That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of National City, California on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candid ate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.

The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are returned for filing. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2: FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act 1965 (as amended) , and in accordance with a Memorandum of Agreement between the County of San Diego and the United States Department of Justice, cities in San Diego County are required to translate candidate’s statements into the following languages: Spanish, Vietnamese, Filipino and Chinese , and to have translations available upon request.

B. Pursuant to State Law, the Candidates Statement must be translated and printed in any language at the Candidates request.

C. The City Clerk shall have translated those statements into the languages as requested by the candidate of those listed in (A) above.

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Resolution No. 2022 –
Page Two

D. The San Diego County Registrar of Voters will print and mail voter information guides and translate into Spanish, Vietnamese, Filipino and Chinese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters will make the voter information guides and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 3: PAYMENT.

Translations: The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in Section 2 above pursuant to Federal and/or State law.

Printing: The candidate shall be required to pay for the cost of printing the candidate’s statement in English and the required languages, as specified in Section 2, in the sample ballot pamphlets and any language the candidate requests as an option by the candidate.

The City Clerk shall estimate the to tal cost of printing, handling, translating and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Federal Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency the estimated pro rata share costs to be $1600 for Mayoral Candidates and $1500 for City Councilmember Candidates as a condition of having their statement included in the voter's pamphlet. The estimated amount is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the c lerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4: MISCELLANEOUS.

A. All translations shall be provided by professionally -certified translators.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

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Resolution No. 2022 –
Page Three

SECTION 5: ADDITIONAL MATERIALS.

No candidate will be permitted to include additional materials in the voter information guide.

SECTION 6: COPY OF RESOLUTION.

That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7: REPEAL OF PREVIOUS RESOLUTIONS

That all previous resolutions establishing council policy on payment for candidates’ statements are repealed.

SECTION 8: APPLICABILITY

That this resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

SECTION 9: CERTIFICATION BY CITY CLERK

That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 7th day of June 2022.

________________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

______________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

______________________________
Charles E. Bell Jr., City Attorney

66 of 384

The following page(s) contain the backup material for Agenda Item: Adoption of a Resolution of the City Council of the City of National City, California, Providing Notice of and Calling for the Holding of a General Municipal Election, for the Purpose of the Election of Certain Elected Officials, Requesting the San Diego County Board of Supervisors to Consolidate the Municipal Election with the Statewide Gubernatorial Municipal Election on Tuesday, November 8, 2022, as Required by the Provisions of the Laws of the State of California Relating To General Law Cities. (City Clerk) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

Staff will return with the final cost of election once the County Registrar has submitted invoice which generally occurs within 4-5 months following the election. Staff will return to Council at that time with the final cost.

n/a

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.

App
STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:

Shelley Chapel
__________________
________________

June 7, 2022

Adoption of a Resolution of the City Council of the City of National City, California, Providing Notice of and Calling for the Holding of a General Municipal Election, for the Purpose of the Election o f Certain Elected Officials, Requesting the San Diego County Board o f Supervisors t o Consolida te the Municipal Election with t he Statewide G ubernatorial Municipal Election on Tuesday, November 8, 2022, as Required by t he Provisions of the Laws of the State o f California Relating To General Law Cities (City Clerk)

City Clerk’s Office
Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a statewide election, and to consolidate a General Municipal Election with a Gubernatorial Statewide Municipal Election, upon the filing with the County Board of Supervisors of a resolution of the City Council requesting the consolidation. The proposed resolution would satisfy the requirements of Section 10403.

The Registrar of Voters has estimated the cost to consolidate the election for the purpose of the Election of Certain Officials in the November 2022 Election to be $30,000 - $45,000 for two (2) City Councilmember seats, and $15,000 - $30,000 for a Mayoral Seat. Staff recommends that the City Council approve an appropriation of up to $80,000 from the General Fund to cover the Registrar of Voters cost and required legal publications and translations.

Shelley Chapel, MMC, Deputy City Clerk

Attachment A - Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS

Adoption of the Resolution and the appropriation of funds.

(619) 336-4228

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RESOLUTION NO. 2022 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, PROVIDING NOTICE OF AND CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION FOR THE PURPOSE OF THE ELECTION OF

CERTAIN ELECTED OFFICIALS, REQUESTING THE SAN DIEGO COUNTY BOARD

OF SUPERVISORS TO CONSOLIDATE THE MUNICIPAL ELECTION WITH THE

STATEWIDE GUBERNATORIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES

WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of two (2) members of the City Council for a fu ll term of four (4) years each, and a Mayor for a full term of four (4) years; and

WHEREAS, the General Municipal Election should be consolidated with the Statewide Gubernatorial Election to be held on the same date, that within the City , the precincts, polling places, and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvasses the returns of the General Municipal Election, and that the election is held in all respects as if there were only one election.

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

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

Section 1: That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent to agree to the consolidation of a General Municipal Election with the Statewide Gubernatorial Municipal Election on Tuesday, November 8, 2022, for the election of two (2) members of the City Counc il for a full term of four (4) years each, and a Mayor for a full term of four (4) years.

Section 2: The Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

Section 3: The Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary to hold the consolidated election.

Section 4: The City o f National City recognizes that additional costs will be incurred by the County because of this consolidation and agrees to reimburse the County for any such costs.

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Resolution No. 2022 –
Page Two

Section 5: That the polls for the election shall be open at seven o’clock (7:00) a.m. on the day of the election and shall remain open continuously from that time until eight o’clock (8:00) p.m. of the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.

Section 6: In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for municipal elections.

Section 7: That notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

Section 8: The Deputy City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego in the time and manner required by law.

Section 9: 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 7th day of June 2022.

________________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

______________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

______________________________
Charles E. Bell Jr., City Attorney

70 of 384

The following page(s) contain the backup material for Agenda Item: Adoption of a Resolution of the City Council of the City of National City, California, Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election. (City Clerk)
Please scroll down to view the backup material.
71 of 384

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

This action does not include fiscal impact at this time. If a Special Runoff Election was called a report would return to the City Council for further action and appropriation of funds.

n/a

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.

App
STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:

Shelley Chapel
__________________
________________

June 7, 2022

Adoption of a Resolution of the City Council of the City of National City, California, Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election (City Clerk)

City Clerk’s Office
Section 15651 of the California Elections Code authorizes the City Council, by a majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.

Shelley Chapel, MMC, Deputy City Clerk
Attachment A - Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS

Adoption of the Resolution Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election.

(619) 336-4228

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RESOLUTION NO. 2022 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE

OFFICES IN THE EVENT OF A TIE VOTE AT THE STATEWIDE GUBERNATORIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022

WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: That pursuant to Sec tion 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, there shall be held within the City a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than forty (40) nor more than one -hundred twenty-five (125) days after the administrative or judicial certification of the election which resulted in a tie vote.

Section 2: This Resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

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 7th day of June, 2022.

________________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

______________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

______________________________
Charles E. Bell Jr., City Attorney
73 of 384

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, ratifying the submission of 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:
___________________
________________

June 7, 2022
Resolution of the City Council of the City of National City, California, ratifying the submission of 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
Refer to Attachment No. 1
Angelita Palma, Housing Programs Manager

1. Explanation

2. Action Plan Funding

3. 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 $710,043 in CDBG and $400,681 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
June 7, 2022
Staff Report Explanation

Page 1 of 3 ends

Resolution of the City Council of the City of National City, California, ratifying the submission of 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.

OVERVIEW | 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 for its Community Planning and Development Programs (CPD) funded by the U.S. Department of Housing and Urban Development (HUD). HUD provides annual grants on a formula basis to entitlement cities and counties, including the City of National City. The City of National City (City) receives Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds on an annual basis. The primary statutory objectives of the CDBG Program are to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for low and moderate-income persons. The HOME Program intends to expand the supply of decent, safe, sanitary, and affordable housing.

The 2020-2024 Consolidated Plan is the framework for the HUD CDBG and HOME entitlement programs. The Con solidated Plan outlines the City's housing and non-housing community development needs and priorities over five years . The annual action plan outlines how those needs and priorities will be addressed through CDBG and HOME funds.

FUNDING | The Third-Year Action Plan for program year 2022-2023 outlines how the City intends to spend its CDBG and HOME entitlement funds. There was a delay in HUD releasing the entitlement appropriations so staff estimated the 2022-2023 HUD formula allocation at the March 15 and May 3, 2022 Public Hearings. HUD released the final funding appropriations for the program year on May 13, 2022.

Per Resolution 2022-72, after final appropriations were provided by HUD , staff made necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the method described at t he first and second Public Hearings . Staff will return to ratify the final entitlement appropriations to activities funded to City Council at the June 7, 2022 City Council.

The entitlement amounts are shown in the Action Plan funding (Attachment No. 2) for CDBG and HOME. There was a decrease in the CDBG entitlement award so funds were not allocated to the CDBG Set -Aside, and the Program Administration activities decreased proportionately. The HOME entitlement award was increased so each HOME activity increased proportionally until the funding caps.

Fund Comparison
Entitlement change 2022-2023 2021-2022 Difference % Change CDBG $ 710,043.00 $ 744,198.00 -$34,155 -4.59% HOME $ 400,681.00 $ 328,323.00 $72,358 22.04%

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Attachment No. 1
City of National City
June 7, 2022
Staff Report Explanation

Page 2 of 3 ends

PUBLIC NOTICING | Public participation is an essential part of the development of the Annual Action Plan. All noticing for this process which sets forth the City’s policies and procedures for citizen participation, is described in the Citizen and Community Participation Plan per City Council Resolution 2020-84 and can be found at www.nationalcityca.gov/cdg-home.

ANNUAL ACTION PLAN | Hard copies of the Action Plan are available through the City Clerk's Office (1243 National City Blvd.) or by calling the CDBG and HOME Program Administer Angelita Palma at 619-336-4219. The document is also available to the public at the City of National City website on the CDBG and HOME web page at www.nationalcityca.gov/cdbg-home.

PUBLIC HEARINGS | Project and Program funding recommendations for the CDBG and HOME entitlement grant funds and program income were presented at the first public hearing held on March 15 , 2022 . A second Public Hearing was conducted on May 3 , 2022 , to review public comments received during a 30-day public review period (March 18 through April 18, 2022) of 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 proposed. The City Council adopted the 2022-2023 Action Plan and proposed CDBG and HOME Program and activities for submission to HUD. The adveristement for the public hearing was made in English, Spanish, and Tagalog.

HUD REVIEW: Upon receipt of the 2022-2023 Action Plan, HUD has 45 days to review and accept the Action Plan.
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Attachment No. 1
City of National City
June 7, 2022
Staff Report Explanation

Page 3 of 3 ends

CDBG & HOME Programs
Annual Action Plan Timeline
Date Action
Tuesday,
November 16, 2021
CDBG/HOME Notice of funding availability and grant funding applications available
Monday,
December 6, 2021
Application submission deadline for CDBG and HOME FY 2022 funing is due at 6:00 P.M.

January - April Drafting of the 2022-2023 Action Plan
February Application Review Period
March 4, 2022 to
March 14, 2022
10-day Notice of Public Review Period and Notice of Public Hearing for the Draft 2022-2023 Action Plan
Tuesday,
March 15, 2022
Public Hearing No.1 on the 2022-2023 Action Plan and application funding recommendation to the City Council
March 18, 2022 to
April 18, 2022
30-day Notice Public Review period and Notice of Public Hearing for the Draft 2022-2023 Action Plan
Tuesday,
May 3, 2022
Virtual Public Hearing No. 2 (Final) to Approve the Draft 2022-2023 Action Plan
May - June Submission of the 2022-2023 Annual Action Plan to HUD Tuesday,
June 7, 2022 City Council Meeting to ratify the funding appropriations June Application Award Notification
June - July Begin contract negotiations with selected CDBG and HOME subrecipients and initiate enviornmental reviews.

Friday, July 1, 2022 Beginning of Program Year
Note: All dates listed herein are tentative and are subject to change. Therefore, persons relying on this Schedule must contact the CDBG and HOME Program Administer at 619-336- 4219 to confirm the actual date of each event listed above as the timeframe nears. 78 of 384
710,043.00$ 400,681.00$
-$ 142,387.84$
710,043.00$ 543,068.84$
543,067.84$
Planning and Administration
Amount
54,306.00$
Applicant Name
National City Housing Authority
Program Name
HOME Program Administration
HOME TOTAL:
588,862.00$
CDBG Activity Set-Aside
Amount
Planning and Administration Funds Available
95,010.00$
710,043.00$
FINAL
Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding Recommendations for HUD Program Year 2022
City Fiscal Year 2022-2023
Amount
-$
Community Development Block Grant (CDBG) Program
Non-Public Service Funds Available
26,171.00$
HOME Entitlement:

HOME Program Income 2022:

Total HOME funds available:

CDBG Entitlement:

CDBG Program Income 2022:

Total CDBG funds available:

Amount
Applicant Name
National City Housing Authority
National City Housing Authority set-aside for a Community Housing Development Organization
HOME Investments Partnership(HOME) Program
Project Funds
Amount
428,659.00$
$ 60,102.84
Program Name
Affordable Housing Activities Set-Aside
CHDO Set-Aside
Program Name
Fire Station 34 Sections 108 Loan Payment
Applicant Name
Fire Department
CDBG Program Administration
Program NameApplicant Name
National City Housing Authority
CDBG TOTAL:

Fair Housing & Tenant Landlord ServicesCSA San Diego County Program Name
CDBG Activity Set-Aside
Applicant Name
National City Housing Authority
Attachment No. 2

Page 1 of 1 ends

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RATIFYING THE SUBMISSION OF 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

WHEREAS, as an entitlement community, the City of National City (" City'') administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and

WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for Housing and Community Development Programs funded by CDBG and HOME; and

WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two public hearings and a 30-day public comment period to solicit input on the 2022-2023 Annual Action Plan; and

WHEREAS, the City Council conducted a duly advertised Public Hearing on March 15, 2022, and May 3, 2022, to receive input from the public; and

WHEREAS, the 30 -day comment period for the 2022 -2023 Annual Action Plan occurred from March 18, 2022, to April 18, 2022; and

WHEREAS, the City will incorporate public comments received for the 2022-2023 Annual Action Plan; and

WHEREAS, per Resolution 2022 -72 HUD had not released entitlement appropriations to the City by the second public hearing and staff estimated the 2022-2023 HUD formula allocation for the HOME Programs which were used to determine the Annual Action Plan activities to consider for funding identified; and

WHEREAS, HUD has no tified the City of its 2022 -2023 entitlement allocation in the amount of $710,043 for CDBG and $400,681 for the HOME Program that will be appropriated to the 2022-2023 Annual Action Plan activities, hereto attached as Exhibit "A"; and

WHEREAS, after receiving the final funding appropriation per Resolution 2022-72, staff made necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the method described at the first and second public and the City Manager was authorized to approve any adjustments made to activity allocations; and
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Resolution No. 2022 –
Page Two

WHEREAS, staff returned to ratify the final entitlement appropriations to activities funded to City Council at the June 7, 2022 City Council meeting after HUD’s fina l entitlement appropriations were received; and

WHEREAS, City staff has also identified and verified program income received from the HOME Program in the amount of $142,387.00 to supplement further the funding of activities in the 2022-2023 Annual Action Plan as listed in the attached Exhibit "A."

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

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

Section 1: City Council authorizes 2022 -2023 HUD entitlement funds in the amount of $710,043 for CDBG and $400,681 for the HOME Program to be appropriated to 2022-2023 Annual Action Plan activities, as set forth in Exhibit "A"; and

Section 2: City Council authorizes allocating $142,387.00 in HOME Program income to supplement the funding of activities specified in the 2022 -2023 Annual Action Plan, as set forth in Exhibit "A."

Section 3: City Council authorizes the submission of the 2022 -2023 Annual Action Plan for the expenditure of said funds to HUD.

Section 4: City Council authorizes the City Manager to execute the final submission of the 2022-2023 Annual Action Plan, certifications, and agreements required by HUD to fully implement the activities funded under said Plan.

Section 5: City Council authorizes the City Manager to execute budget adjustments as necessary to refl ect the funding allocations in the 2022 -2023 Annual Action Plan.

Section 6: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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Resolution No. 2022 –
Page Three

PASSED and ADOPTED this 7th day of June, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney

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710,043.00$ 400,681.00$
-$ 142,387.84$
710,043.00$ 543,068.84$
543,067.84$
Planning and Administration
Amount
54,306.00$
Applicant Name
National City Housing Authority
Program Name
HOME Program Administration
HOME TOTAL:
588,862.00$
CDBG Activity Set-Aside
Amount
Planning and Administration Funds Available
95,010.00$
710,043.00$
FINAL
Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding Recommendations for HUD Program Year 2022
City Fiscal Year 2022-2023
Amount
-$
Community Development Block Grant (CDBG) Program
Non-Public Service Funds Available
26,171.00$
HOME Entitlement:

HOME Program Income 2022:

Total HOME funds available:

CDBG Entitlement:

CDBG Program Income 2022:

Total CDBG funds available:

Fair Housing & Tenant Landlord ServicesCSA San Diego County Program Name
CDBG Activity Set-Aside
Applicant Name
National City Housing Authority
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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 Proposals (“RFP”) for an Enterprise Resource Planning (ERP) System and Implementation Services. (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
STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS

PREPARED BY:

Adopt the resolution authorizing the issuance of a Request for Proposals for an Enterprise Resource Planning (ERP) System and Implementation Services.

This is not a project and, therefore, not subject to environmental review.

City Council will award the contract resulting from the RFP process at a later date.

The City will solicit responses from qualified firms offering systems that provide the features and functionality identified in Attachment 1, the Request for Proposals, to replace the City’s current Enterprise Resource Planning (ERP) system. The City seeks a Proposer who can demonstrate organizational, functional, and technical capabilities, as well as the experience, expertise, and qualifications necessary to implement and support a fully integrated and proven ERP system.

Upon authorization from City Council, staff will issue the RFP, with the goal of returning to City Council with a recommended vendor contract in October or November of 2022. 619-336-4265
Finance Molly Brennan, Administrative Services Director Resolution of the City Council of the City of National City, California, authorizing the issuance of a Request for Proposals (“RFP”) for an Enterprise Resource Planning (ERP) System and Implementation Services.

June 7, 2022

1. Request for Proposals

2. Resolution

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RFP for ERP System & Implementation Services

1 City of National City
Request for Proposal (RFP)
for
Enterprise Resource Planning (ERP) System
and Implementation Services

Issue Date:

June XX, 2022

All Proposals Must Be Submitted To:

City of National City, City Hall
1243 National City Blvd
National City, CA 91950
619-336-4265

Deadline for Proposal Submissions:

Date: August XX, 2022
Time: xx:00 PM PST
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RFP for ERP System & Implementation Services

2 Table of Contents

1. RFP Overview ................................................................................................................................................ 4

1.1 Purpose of RFP ............................................................................................................................................ 4

1.2 Project Objectives ....................................................................................................................................... 4

1.3 Procurement Schedule................................................................................................................................ 4

1.4 RFP Coordinator .......................................................................................................................................... 5

1.5 RFP Amendment and Cancellation ............................................................................................................. 5

1.6 RFP Questions ............................................................................................................................................. 5

1.7 Intent to Bid ................................................................................................................................................ 5

1.8 Proposal Submittal ...................................................................................................................................... 6

2. City Overview................................................................................................................................................ 6

3. Environment ................................................................................................................................................. 8

3.1 Existing ERP System .................................................................................................................................... 8

3.2 Integration with Other Systems .................................................................................................................. 8

3.3 Technology Standards ................................................................................................................................. 9

3.4 Key Metrics & Volume .............................................................................................................................. 10

4. ERP System and Implementation Requirements ............................................................................................ 10

4.1 Required Modules & Functionality ........................................................................................................... 10

4.2 Key Functionality ....................................................................................................................................... 11

4.3 Implementation Timeline ......................................................................................................................... 11

5. Proposal Requirements ................................................................................................................................... 12

5.1 General Instructions.................................................................................................................................. 12

5.2 Proposal Format and Content ................................................................................................................... 12

6. Proposal Evaluation ........................................................................................................................................ 16

7. General Terms and Conditions ....................................................................................................................... 17

7.1 Collusion.................................................................................................................................................... 17

7.2 Gratuities .................................................................................................................................................. 17

7.3 Required Review and Waiver of Protests ................................................................................................. 17

7.4 Nondiscrimination..................................................................................................................................... 18

7.5 Proposal Preparation Costs ....................................................................................................................... 18

7.6 Proposal Withdrawal ................................................................................................................................ 18

7.7 Proposal Errors .......................................................................................................................................... 18 87 of 384
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3 7.8 Incorrect Proposal Information ................................................................................................................ 18

7.9 Prohibition of Proposer Terms and Conditions ........................................................................................ 19

7.10 Assignment and Subcontracting ............................................................................................................. 19

7.11 Right to Refuse Personnel ....................................................................................................................... 19

7.12 Proposal of Additional Services .............................................................................................................. 19

7.13 Licensure ................................................................................................................................................. 19

7.14 Business License ...................................................................................................................................... 19

7.15 Conflict of Interest and Proposal Restrictions ........................................................................................ 20

7.16 Contract Negotiations ............................................................................................................................. 20

7.17 Execution of Contract ............................................................................................................................. 20

7.18 Right of Rejection .................................................................................................................................... 20

7.19 Disclosure of Proposal Contents ............................................................................................................. 21

7.20 Proprietary Information .......................................................................................................................... 21

7.21 Severability ............................................................................................................................................. 21

7.22 RFP and Proposal Incorporated into Final Contract................................................................................ 21

7.23 Proposal Amendment ............................................................................................................................. 21

7.24 Consultant Participation ......................................................................................................................... 21

7.25 Warranty ................................................................................................................................................. 21

7.26 Rights of the City ..................................................................................................................................... 22 APPENDIX A. City Standard Agreement .............................................................................................................. 23

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4 1. RFP Overview

1.1 Purpose of RFP
The City of National City (City) has issued this Request for Proposals (RFP) to solicit responses from qualified firms (Proposers) offering systems that provide the features and functionality identified herein to replace the City’s current Enterprise Resource Planning (ERP) system – Tyler Technologies, Eden on premise platform.

The City seeks a Proposer who can demonstrate organizational, functional, and technical capabilities, as well as the experience, expertise, and qualifications necessary to implement and support a fully integrated and proven ERP system. Note that the City is requesting a Software as a Service (SaaS) solution and will not consider any proposals for an on premise solution.

1.2 Project Objectives
The City intends to replace its existing ERP system with a modern, proven, commercial-off-the-shelf ERP system. The City’s goal is to take advantage of a modern ERP system that is designed around best practices allowing the City to streamline and improve processes that result in timely, accurate, and easy- to-access information. More specifically, the new ERP system should meet the following objectives:
 Consolidate information, link processes and functions, and eliminate separate departmental systems/spreadsheets/Access databases in favor of a single system that integrates the City’s financial and non-financial applications through a common database  Streamline business processes to take advantage of best practices through automation, integration, and workflows
 Provide a user-friendly and intuitive user interface to promote system use and productivity  Eliminate the need for redundant data entry
 Eliminate the need for manual input when preparing various financial documents, including the annual budget and annual comprehensive financial report  Improve and/or provide necessary reports and reporting capabilities, analytics, and access to data through inquiry or drilldown capabilities
 Provide interface capabilities with third-party systems In addition to the new ERP system, the City is seeking a Proposer to provide professional services (e.g. best practices guidance, training, project management, implementation, and integration) that will help ensure a successful implementation in a timely and professional manner.

1.3 Procurement Schedule
Table 1 identifies the estimated procurement schedule
Procurement Event Date
City Issues RFP June 13, 2022
Intent to Bid Due June 30, 2022
Deadline for Proposer Questions July 11, 2022
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5 City Provides Responses to Questions July 18, 2022
Proposals Due August 1, 2022
City Completes Review August 2022
Vendor Finalists Notified (short-list) August 2022
Demonstrations by Vendor Finalists August 2022
Intent to Award – Final Vendor Selection August 2022
Contract Negotiations September/October 2022
City Council Approval of Contract October/November 2022

The City reserves the right, at its sole discretion, to adjust the procurement schedule as it deems necessary.

1.4 RFP Coordinator
All communications concerning this RFP must be submitted via email to the RFP Coordinator identified below:

Molly Brennan
[email protected]

The RFP Coordinator will be the sole point of contact for this RFP.

Proposer contact with anyone else in the City is expressly forbidden and may result in disqualification of the Proposer’s bid. Further, any oral communications will be considered unofficial and non-binding on the City. Proposers should rely only on written statements issued by the RFP Coordinator.

1.5 RFP Amendment and Cancellation
The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or reissue the RFP at its sole discretion. If an amendment is issued, notification shall be provided to all Proposers who submit an Intent to Bid (see Section 1.7). In addition, any amendments will also be posted on the City’s website at: www.nationalcityca.gov

1.6 RFP Questions
Questions concerning this RFP should be submitted via e-mail to the RFP Coordinator prior to the Deadline for Proposer Questions identified in Section 1.3. Proposer questions should clearly identify the relevant section of the RFP and page number(s) related to the question being asked. The questions submitted and the City’s responses shall be posted on the City’s website identified in Section 1.5 and sent directly to all Proposers who submit an Intent to Bid (see Section 1.7).

1.7 Intent to Bid
Each Proposer planning to submit a proposal should notify the RFP Coordinator by email. The email should include:
 Proposer company name, address, and telephone number
 Proposer’s intent to submit a proposal
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6  Name, address, telephone, email, and title of Proposer main contact The Intent to Bid must be submitted by the date indicated in Section 1.3.

Note that submission of the Intent to Bid email does not bind Proposers to submitting a proposal, nor does failure to submit an Intent to Bid preclude the Proposer from submitting a proposal. However, submission of an Intent to Bid will ensure that Proposers receive any RFP addendums and question and answer sets.

1.8 Proposal Submittal
Proposals are to be received by the City no later than the date and time indicated in Section 1.3.

Proposers assume the risk of the method of delivery selected. The City assumes no responsibility for delays caused by any delivery service. Postmarks will not be accepted as proof of receipt. A Proposer's failure to submit a proposal as required before the deadline may cause the proposal to be disqualified.

Proposers must submit a sealed package containing the following:
 Four (4) bound paper copies of proposal (with one clearly marked “Master Copy”).  One (1) electronic copy of the proposal on a USB drive. In the event of a discrepancy between the electronic version and hard copy, the response in the hard copy (Master) will prevail.

The proposal package shall be mailed, couriered, or hand delivered to the City at:

City of National City
Attn: Molly Brennan, Administrative Services Director
1243 National City Blvd.

National City, CA 91950

The package should be clearly labeled with the following:
 Confidential
 Proposal for Enterprise Resource Planning (ERP) System and Implementation Services  Proposal Due Date and Time
 Proposer Name
 Proposer Address
 Proposer Phone Number

2. City Overview
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 and four Councilmembers who are elected for a term of four years.

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 91 of 384
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7 the departments of City Manager, City Clerk’s Office, City Attorney’s Office, Community Development, Engineering/Public Works, Finance, Fire, Police, Housing & Economic Development, Community Services, Information Technology, Library, and Human Resources. The City’s total all funds budget is approximately $119 million, and the workforce consists of approximately 375 employees. For more information on the City of National City, please visit its website at: www.nationalcityca.gov.

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 County. 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.

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 and 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 businesses – 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. National 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 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 elementary schools, 2 middle schools, 1 high school, and 1 community college.
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8 3. Environment
In order to help Proposers prepare their proposals, this section describes the existing ERP, the potential interfaces to the new ERP, the City’s current technology standards, and key metrics pertaining to financial and human resources operations.

3.1 Existing ERP System
The City currently uses the Tyler Technologies Eden on-premise platform to support their financial and human resources needs. The City purchased the following modules, although at present, the City may or may not be using the full functionality of each module:
 Accounts Payable
 Accounts Receivable
 Budget Preparation
 Contract Management
 Fixed Assets
 General Ledger
 Human Resources
 Payroll
o Including Time & Attendance (Digital Timesheets & Employee Self-Service)  Project Accounting
 Purchasing

The City currently uses a separate software system, Progressive Solutions, for the following needs. The City is requiring the new ERP system to include this functionality as well, either directly or through a third-party integrated vendor:
 Cashiering
 Animal Licensing

The City currently uses a separate service, OpenGov Transparency Portal, for publicly reporting general ledger and budget activity online. The City desires the new ERP system to include a similar replacement service (directly or through a third-party integrated vendor) or support an integration with OpenGov.

3.2 Integration with Other Systems
Table 2 identifies the proposed interfaces with the new ERP system. The City’s objective is to remove or minimize the need for manual intervention, so automated processes via Automated Programming Interfaces (APIs) or scheduled file transfers are required.

Table 2. Proposed Interface Detail
Application Purpose Frequency
CalPERS Send retirement contribution data Bi-weekly
CA Employment
Development Department
(EDD)
Send the following data to EDD:
 Tax Return Data
 Wage Report Data
 Payroll Tax Deposit Data
Quarterly/Annually
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9 CityWorks Receive cashiering data from building and
planning permits processed online
Daily
Internal Revenue Service
(IRS)
Send the following data to IRS:
 Tax Return Data
 Wage Report Data
 Payroll Tax Deposit Data
 Send 1099 and 1095 (ACA) data to
IRS
Bi-Weekly/
Quarterly/Annually

MissionSquare Retirement
(previously ICMA-RC)
Send deferred compensation deduction data Bi-weekly
NeoGov Receive applicant data from NeoGov to add
new hires as employees
As needed
OpenGov Transparency
Portal
Send general ledger and budget data (or
replace with similar internal functionality)
Monthly
Social Security
Administration (SSA)
Send W2 data formatted for upload to
Business Services Online
Annually
Telestaff Receive employee time and attendance data Bi-weekly Third-party Benefit
Providers
Send employee and employer contribution
data from payroll
Bi-weekly/Monthly
Union Bank Send direct deposit, positive pay, and ACH
data to the bank
Receive bank reconciliation data
Weekly
US Bank (Cal-Card
Program)
Receive credit card statement activity data Monthly

3.3 Technology Standards
Table 3 identifies the City’s current technology standards. The proposed system should be compatible with the existing technical environment or accessible from it. Proposers will be required to confirm conformance to these requirements or clearly articulate proposed alternatives.

Table 3. Technology Standards
Technology Current Environment
Database(s) MS SQL 2012/2016
Server OS MS Windows 2012R2/2016/2019
Desktop OS MS Windows 10/11(64-bit)
Server Hardware Dell
Desktop Hardware Dell
Laptop Hardware Dell, Apple Ipad,
Mobile Hardware IOS, Android
Browsers Google Chrome, Microsoft Edge, IE
Email Server/Client Exchange 2016
Virtual Environment VMWare 6.7
Storage Area Network Nimble SAN
Active Directory MS Windows Server 2012 R2
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10 VPN Fortinet VPN
Scanners Sharp/Fujitsu
Printers Sharp/HP
Internet Redundancy Bandwidth

1Gbps Synchronous to internet
1Gbps Synchronous redundancy
10Gbps fiber between sites

3.4 Key Metrics & Volume
Table 4 provides information regarding key metrics pertaining to financial and human resource operations.

Table 4. Key Metrics and Volume of Activity
Functional Area Volume/Statistics Frequency
Human Resources
Recruitments 70 Annually
MOUs 4 N/A
FT Employees 300 N/A
PT Employees 75 N/A
Position Classifications 210 N/A
Employee Action Forms 12 Bi-weekly
Finance
Purchase Orders 975 Annually
PO Change Orders 530 Annually
Invoices 12,500 Annually
Accounts Payable Checks 120 Weekly
Wire Payments 3 Weekly
Journal Entries 365 Annually
Funds 53 N/A
Bank Accounts 7 N/A
Payroll Checks/Direct Deposits 375 Bi-weekly
Capital Projects 10 Annually
Vendors 5,775 N/A
Animal Licenses 425 Annually
General
Total Eden Users Citywide 87 N/A

4. ERP System and Implementation Requirements

4.1 Required Modules & Functionality
The City is seeking a highly integrated system that can serve as many of the City’s various department needs as possible. The SaaS system must include the following functionality:

Finance
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11  General Ledger/Accounting
 Budgeting/Forecasting
 Vendor Management
 Procurement/Purchasing
 Contract Management
 Project Management/Accounting
 Grant Management/Accounting
 Accounts Payable
 Payroll Processing
 Fixed Assets
 Accounts Receivable
 Cash Receipts (Cashiering)
 Animal Licensing
 Public Facing Reporting or integration with OpenGov Transparency Tool Human Resources
 Position Control
 Employee Master File
 Benefits Administration
 Leave Administration
 Training and Certification
 Performance Reviews
 Personnel Actions
 Employee Self-Service
 Time and Attendance
 Optional
o Onboarding
o Separation/Offboarding
General System Functionality across Platform
 System/Security Administration with detailed permissions control  Workflow
 Electronic Content Management
 Reporting

At a minimum, Proposers must propose a system that includes the functionality identified above.

4.2 Key Functionality
The City is interested in adopting modern, automated tools that support financial and human resource best practices. Key functionality in these areas would include, but not be limited to: dashboards, mobility, employee portal with electronic time reporting, vendor portal, workflow, reporting, etc.

4.3 Implementation Timeline
The City is seeking guidance from the Proposers based on their experience for the recommended module phasing and timing. Proposers should clearly communicate all key assumptions along with their proposed schedule. The Proposer’s recommended implementation timeline should be clearly articulated 96 of 384
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12 in their proposal response as described in Proposal Format and Content - Section 6 – Project Implementation.

5. Proposal Requirements

5.1 General Instructions
Proposals should be prepared simply and economically, and provide a straightforward, concise description of the Proposer’s company, qualifications, proposed solution, and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. Glossy sales and marketing brochures are not to be included.

Proposals must be organized consistent with the outline provided in 5.2. Proposers should follow all prescribed formats and address all portions of the RFP set forth herein providing all information requested. Proposers may retype or duplicate any portion of this RFP for use in responding to the RFP, provided that the proposal clearly addresses all the City's information requirements.

5.2 Proposal Format and Content
Proposals should be structured, presented, and labeled in the following manner:
 Cover Letter
 Table of Contents
 Section 1 – Executive Summary
 Section 2 – Company Background
 Section 3 – Company Qualifications
 Section 4 – References
 Section 5 – Proposed Solution
 Section 6 – Project Implementation
 Section 7 – Ongoing Maintenance and Support Services
 Section 8 – Pricing
 Section 9 – Software Licensing and Maintenance Agreements

Proposals should be prepared on standard 8½ x 11 paper and be printed on both sides. An electronic version of the proposal should also be provided on a USB drive. Failure to follow the specified format, to label the responses correctly, or to address all the subsections may, at the City’s sole discretion, result in the rejection of the proposal.

Cover Letter
The Cover Letter, which is to be no longer than three (3) pages (this page count excludes any provided exceptions), must include the following:
 Proposer’s legal name and corporate structure, including state incorporated in.  Proposer’s primary contact to include name, title, address, phone, and email.  The type of system being proposed (SaaS).
 Identification of subcontractors (if any) and scope of work to be performed by subcontractors.  Identification of any pending litigation against the Proposer.  Disclosure of any bankruptcy or insolvency proceedings in last ten (10) years. 97 of 384
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13  Statement indicating that the proposal remains valid for at least 180 days.  Statement that the Proposer or any individual who will perform work for the Proposer is free of any conflict of interest (e.g., employment by the City).  Statement of acknowledgement that the City’s RFP documents have been reviewed and accepted with or without exception. If exceptions are involved, those items requiring adjustment or modification must be identified and listed along with suggested modifications to the contract. If no exceptions are noted, the City will assume that the Proposer can perform all normal tasks and services without reservation or qualification to the contract.  Signature of a company officer empowered to bind the Proposer to the provisions of this RFP and any contract awarded pursuant to it.

Table of Contents
All sections should be identified, and pages are to be consecutively numbered.

Section 1 – Executive Summary
In this section, Proposers must provide a brief and concise synopsis of Proposer’s solution and a description of the Proposer’s credentials to deliver the services sought under the RFP. The Executive Summary must be no longer than three (3) pages.

Section 2 – Company Background
In this section, Proposers must provide:
 A brief description of the Proposer’s background including the number of employees, and the number of clients running the proposed system.
 The location of headquarters, technical support, and field offices and the location of office which would service the City.
 A description of the company’s long-term plan to remain operational and successful.

The Company Background section must be no longer than two (2) pages.

Section 3 – Company Qualifications
In this section, Proposers must provide company qualifications and experience in implementing systems similar in size and scope to what the City is seeking:
 Describe the Proposer’s familiarity with public sector ERP systems and associated business processes, and specific experience with the requirements of municipalities.  Identify Proposers’ existing client base, including number of existing clients using the version/release of the software being proposed. Specifically identify experience with similarly sized California agencies.

The Company Qualifications section must be no longer than three (3) pages.

Section 4 - References
In this section, Proposers must provide five (5) references with at least three (3) of the references for systems that have been implemented in the last five (5) years. References should be from municipalities of similar size and complexity to the City. For each reference, provide the following:
 Reference name and contact information (i.e. name, title, address, phone, and email).  Brief project description, including identifying the software version, modules, and interfaces implemented
 Implementation timeline and go-live date.

The References section must be no longer than five (5) pages. 98 of 384
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14 Section 5 - Proposed Solution
In this section, Proposers must identify the proposed solution. The City is only open to receiving proposals for SaaS systems. Proposals must describe the proposed solution in relation to the following:

5.1 Solution Overview:
 Name and origin of solution (software and implementation)  System type (SaaS)
 Database platform description
 Release history and current release being proposed
 Proposed modules, including identification of whether each module is included or “optional”  Identification of which modules are included in the base cost versus which are proposed at an additional cost
 Proposed tools for City staff to update the system with patches and new releases, as well as descriptions of the processes used to update and/or patch the system  Hardware, software, and database specifications required for the propose system  Mobile capabilities of the proposed modules, including any restrictions  Describe why the proposed solution is superior to other solutions

5.2 Application Integration/Interface:
 Describe how the Proposer would develop, implement, and manage the interfaces pertaining to the City applications identified in RFP Section 3
 Describe APIs and web-services available to pull and push data o Are the APIs secured and encrypted?
o Describe programming language(s) that interface with the APIs o Is there an option to access the data directly from the database?  Describe the interface approach of the proposed system, including:
o All included interfaces
o Any excluded interfaces and explanation of why they are not included o Description of each interface/integrations type (schedule batch, file transfer, or real- time interface)

5.3 Data Storage and Backup
 Describe approach to data storage
 Describe data backup process
 Describe the network bandwidth required between the City and hosting facilities  Describe what options are available for dedicated bandwidth (if available)  Describe scalability options for computing power (CPU, RAM, and storage)

5.4 Data Access and Security
 Describe how data access is managed
 Describe the environment – single or multi-tenant
 If a multi-tenant environment, how is the data segregated and how is security managed?

5.5 Business Continuity and Disaster Recovery
 Describe approach to business continuity and disaster recovery

5.6 Service Level Agreement (SLA)
 Describe supported SLA options (e.g. reliability, availability, performance, issues, requests, system response time, etc.)

5.7 Transition
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15  Describe the proposed exit strategy at contract completion, including how data will be made available

Section 6 – Project Implementation
Describe project implementation in relation to the following:

6.1 Project Organization
 Provide a project organization chart highlighting Proposer key staff who will be assigned to the project
 Provide bios for the Proposer key staff
 Identify the specific roles/responsibilities to be filled by Proposer or subcontractor staff versus those to be filled by City staff, including estimated level of participation for each staff person and when that person would be required (what part of implementation).

6.2 Project Management
 Describe project management methodology/approach
 Describe high-level roll-out approach, including order and timing of specific modules  Provide a Project Schedule that identifies tasks, activities, dates, durations, resources, deliverables, and milestones
 Provide a Project Plan that describes your approach to Schedule Management, Cost Management, Scope Management, Communications Management, Issues Management, Risk Management, Change Management, etc.

6.3 Implementation Specifics
 Describe data conversion strategy, including what data should be converted, the number of years to convert, and the conversion approach/methodology (extract, transform, and load).

Identify the specific roles/responsibilities pertaining to City staff vs. Proposer staff. Identify alternatives to the City being responsible for data extraction and cleansing, and identify any related, additional costs.
 Describe training methodology/approach and how you ensure users are prepared to use the proposed system. Include description of how you address different learning styles (classroom, online, hands-on, etc.), including a description of training materials to be used, and timing.

Identify alternatives to the train-the-trainer approach, and identify any related, additional costs.  Describe testing methodology/approach, including the criteria, methods, and timing to ensure successful completion of user acceptance testing prior to go live. Identify the specific roles/responsibilities pertaining to City staff vs. Proposer staff.

The Project Implementation section must be no longer than 15 pages (excluding the Project Schedule).

Section 7 – Ongoing Maintenance and Support Services
Describe ongoing maintenance and support services in relation to the following:

7.1 Help Desk
 Help desk location(s), staffing, ticketing system utilized, processes, and procedures  Ticket prioritization, response time commitments, and escalation procedures  Support hours (in Pacific Time)
 Number of help tickets per year and average resolution time by priority level

7.2 System Monitoring
 Describe how the system will be monitored and how and when the City will be informed of system performance issues, etc.

7.3 Application Upgrades and Patches
 Schedule of upgrades and patches
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16  Provide the frequency of upgrades and patches over the past two (2) years  Describe how upgrades, patches, and other maintenance would be performed  Describe any downtime related to upgrades and patches  Describe how the City would be notified of such releases and patches and how much lead time would be provided
 Describe the City’s ability to delay, test, accept, and/or deny applying changes

7.4 Change Management (post implementation)
 Describe the post-implementation Change Management process

7.5 User Groups/Conferences
 Identify if there are any system user groups and/or user conferences including frequency and location of events, topics, etc.

The Ongoing Maintenance and Support section should be no longer than ten (10) pages.

Section 8 – Pricing
The City seeks a clear and comprehensive understanding of all costs associated with the software, implementation services, and ongoing maintenance of the proposed system.

All costs pertaining to the implementation and maintenance are to be itemized. The City will evaluate proposals based on the “Total Cost to Implement (TCI)” and the “Total Cost to Operate (TCO).” TCI will include all costs required for a successful implementation. The TCO will be calculated based on TCI plus five (5) years of annual maintenance or SaaS service fees.

The Proposer’s implementation pricing must identify all costs required to include:
 Software Licensing/SaaS Hosting Costs
 Implementation Services
o Project Management
o Software configuration, installation, and testing
o Data conversion and migration
o Interface development
o Training and documentation
o Go-Live
o Travel
 Ongoing maintenance and support pricing should clearly identify the annual costs for five (5) years

Section 9 – Software Licensing and Maintenance Agreements To address this section, Proposers must provide any software licensing, SaaS, maintenance, and/or 3rd party agreements that would be required to implement and use the Proposer’s system.

6. Proposal Evaluation
The evaluation will include an Administrative Review and a Detailed Review. The Administrative Review will evaluate all submissions for compliance with proposal submission requirements. Proposals that pass the Administrative Review will then go through the Detailed Review.

Submitted proposals will be evaluated on the following criteria:
 Quality, clarity, and responsiveness of proposal
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17  Ability to meet the needs of the City
 Well thought out timeline and roadmap for “go live” that includes an agreed upon phased approach (to be finalized during contract negotiations)  Proven technical ability to design, install, and support the proposed system  Demonstrated ability to work in a cooperative and collaborative manner with clients  Anticipated value and price
 Perceived risk or lack thereof
 Company financial stability
 References
 Results of demonstration sessions
 Ability to prepare and execute a contract in a timely manner  Commitment to continually evolve the system to remain current with legal requirements, such as reporting, as well as operational best practices

The City reserves the right, at its sole discretion, to request clarifications of proposals or to conduct discussions for clarification with any or all Proposers. The purpose of any such discussions shall be to ensure full understanding of the proposal. Discussions shall be limited to specific sections of the proposal identified by the City and, if held, shall be after the Detailed Review of proposals is complete. If clarifications are made because of such discussions, the Proposer shall put such clarifications in writing.

As shown in the Procurement Schedule in Table 1, short-listed Proposers will be required to participate in a demonstration to allow staff to fully understand the proposed solution. Proposers must be prepared to invest the time and resources in the demonstration to be successful in this procurement.

7. General Terms and Conditions

7.1 Collusion
By submitting a response to the RFP, each Proposer represents and warrants that its response is genuine and not made in the interest of, or on behalf of, any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham response or any other person to refrain from submitting a response; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a response.

7.2 Gratuities
No person will offer, give, or agree to give, any City employee or its representatives any gratuity, discount, or offer of employment in connection with the award of contract by the City.

7.3 Required Review and Waiver of Protests
Proposers should carefully review this RFP and all attachments, including but not limited to the Standard Professional Services Agreement, for comments, questions, defects, objections, or any other matter requiring clarification or correction (collectively called “comments”). Comments concerning RFP objections must be made in writing and received by the City no later than the "Deadline for Proposer Questions" detailed in Table 1 – Procurement Schedule. This will allow issuance of any necessary 102 of 384
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18 amendments and help prevent the opening of defective Information upon which contract award could not be made.

Protests based on any objection will be considered waived and invalid if these faults have not been brought to the attention of the City, in writing, by the Deadline for Proposer Questions.

7.4 Nondiscrimination
No person will be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities on the grounds of disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or California State Constitutional or statutory law; nor will they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City’s contractors.

Accordingly, all Proposers entering into contracts with the City will, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

7.5 Proposal Preparation Costs
The Proposer is responsible for any and all costs associated with the preparation, submittal, and presentation of any proposal.

7.6 Proposal Withdrawal
To withdraw a proposal, the Proposer must submit a written request, signed by an authorized representative, to the RFP Coordinator identified in Section 1.4. After withdrawing a previously submitted proposal, the Proposer may submit another proposal at any time up to the deadline for submitting proposals.

7.7 Proposal Errors
Proposers are liable for all errors or omissions contained in their proposals. Proposers will not be allowed to alter proposal documents after the deadline for submitting a proposal. The City, at its discretion, has the right to accept or reject a proposal in part or whole due to errors and/or omissions of the response.

7.8 Incorrect Proposal Information
If the City determines that a Proposer has provided, for consideration in the evaluation process or contract negotiations, incorrect information which the Proposer knew or should have known was materially incorrect, that proposal may be determined non-responsive, and the proposal may be rejected at the sole discretion of City.

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19 7.9 Prohibition of Proposer Terms and Conditions
A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFP.

If a proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal to be a nonresponsive counter-offer, and the proposal may be rejected. Software/SAAS licensing terms are negotiable and subject to approval by the City.

7.10 Assignment and Subcontracting
The Contractor may not subcontract, transfer, or assign any portion of the contract without prior, written approval from the City. Each subcontractor must be approved in writing by the City. The substitution of one subcontractor for another may be made only at the discretion of the City and with prior, written approval from the City.

Notwithstanding the use of approved subcontractors, the Proposer, if awarded a contract under this RFP, will be the prime contractor and will be responsible for all work performed and will be responsible for all costs to subcontractors for services provided by the Proposer. The Proposer is prohibited from performing any work associated with this RFP or using contractors for any service associated with this RFP offshore (outside the United States), without first disclosing the use of offshore resources, and with approval from the City.

7.11 Right to Refuse Personnel
The City reserves the right to refuse, at its sole discretion, any subcontractors or any personnel provided by the prime contractor or its subcontractors. The City reserves the right to interview and approve all Proposer staff members. Proposer’s staff may be subject to the City’s background and drug testing processes at any time.

7.12 Proposal of Additional Services
If a Proposer indicates an offer of services in addition to those required by and described in this RFP, these additional services may be added to the contract before contract signing at the sole discretion of the City.

7.13 Licensure
Before a contract pursuant to this RFP is signed, the Proposer must hold all necessary, applicable business and professional licenses. The City may require Proposers to submit evidence of proper licensure.

7.14 Business License
All businesses operating in the City of National City are required to register for a Business License Tax Certificate. Any business, whether located in or outside of the City, but coming into the City to conduct business, is required to register.

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20 7.15 Conflict of Interest and Proposal Restrictions
By submitting a response to the RFP, the Proposer certifies that no amount will be paid directly or indirectly to an employee or official of the City as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Proposer in connection with the procurement under this RFP.

Notwithstanding this restriction, nothing in this RFP will be construed to prohibit another governmental entity from making a proposal, being considered for award, or being awarded a contract under this RFP.

Any individual, company, or other entity involved in assisting the City in the development, formulation, or drafting of this RFP or its scope of services will be considered to have been given information that would afford an unfair advantage over other Proposers, and said individual, company, or other entity may not submit a proposal in response to this RFP.

7.16 Contract Negotiations
After a review of the information and completion of the demonstration, the City intends to enter into contract negotiations with the selected Proposer. These negotiations could include all aspects of services and fees. Negotiations must begin within 15 days of notice of intent to award to the selected vendor and must conclude in no more than 30 business days. Business days are defined as Monday through Thursday, excluding holidays when the City is closed.

7.17 Execution of Contract
If a contract is not finalized within 30 days of completion of negotiations, the City may give notice to that service provider of the City’s intent to select from the remaining Proposers or to call for new Information, whichever the City deems appropriate.

7.18 Right of Rejection
The City reserves the right, at its sole discretion, to reject any and all proposals or to cancel this RFP in its entirety.

Any proposal received which does not meet the requirements of this RFP may be considered nonresponsive and the proposal may be rejected. Proposers must comply with all the terms of this RFP and all applicable State laws and regulations. The City may reject any proposal that does not comply with all the terms, conditions, and performance requirements of this RFP.

Proposers may not restrict the rights of the City or otherwise qualify their proposals. If a Proposer does so, the City may determine the proposal to be a nonresponsive counter-offer, and the proposal may be rejected.

The City reserves the right, at its sole discretion, to waive variances in technical proposals provided such action is in the best interest of the City. Where the City waives minor variances in proposals, such waiver does not modify the RFP requirements or excuse the Proposer from full compliance with the RFP.

Notwithstanding any minor variance, the City may hold any Proposer to strict compliance with the RFP.

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21 7.19 Disclosure of Proposal Contents
All proposals and other materials submitted in response to this RFP procurement process become the property of the City. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process. Upon the completion of the evaluation of proposals, the proposals and associated materials will be open for review by the public to the extent allowed by the California Public Records Act (CPRA), (Government Code Section 6250-6270 and 6275-6276.48). By submitting a proposal, the Proposer acknowledges and accepts that the contents of the proposal and associated documents will become open to public inspection.

7.20 Proprietary Information
The master copy of each proposal will be retained for official files and will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law (Government code §6276). Each Proposer may clearly label part of a proposal as "CONFIDENTIAL" if the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City will constitute a complete waiver of all claims for damages caused by any release of the information.

7.21 Severability
If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and, the rights and obligations of the City and Proposers will be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

7.22 RFP and Proposal Incorporated into Final Contract
Relevant portions of this RFP and the successful proposal will be incorporated into the final contract.

7.23 Proposal Amendment
The City will not accept any amendments, revisions, or alterations to proposals after the deadline for proposal submittal unless such is formally requested, in writing, by the City.

7.24 Consultant Participation
The City reserves the right to share with any consultant of its choosing this RFP and proposal responses to secure a second opinion. The City may also invite said consultant to participate in the Proposal Evaluation process.

7.25 Warranty
The selected Proposer will warrant that the proposed system will conform in all material respects to the requirements and specifications as stated in this RFP and subsequent demonstrations. Further, the requirements as stated in this RFP will become part of the selected software proposer’s license and the Proposer will warrant to the requirements. The selected proposer must warrant that the content of its proposal accurately reflects the system’s capability to satisfy the functional/technological requirements 106 of 384
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22 as included in this RFP. Furthermore, the warranty, at a minimum, should be valid for the duration of the implementation and until final acceptance (as will be defined during the negotiation process) of all application modules included in the implementation.

7.26 Rights of the City
The City reserves the right to:
 Make the selection based on its sole discretion
 Reject any and all proposals
 Issue subsequent Requests for Proposals
 Postpone opening proposals, if necessary, for any reason  Remedy errors in the Request for Proposal process
 Approve or disapprove the use of particular subcontractors  Negotiate with any, all, or none of the Proposers
 Select other than the lowest offer
 Waive informalities and irregularities in the proposals  Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City

An agreement will not be binding or valid with the City unless and until it is approved by the City Council and executed by authorized representatives of the City and of the Proposer.

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23 APPENDIX A. City Standard Agreement

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND
(FULL LEGAL COMPANY NAME)

THIS AGREEMENT is entered into on this _______ day of ______________, 20 22, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and ______________, a __________ (insert which it is: corporation, partnership, or sole proprietor) (the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide ___________________________________.

WHEREAS, the CITY has determined that the CONSULTANT is a _________ and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to ________, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT . This Agreement will become effective on _________. The d uration of this Agreement is for the period of ________________ through ____________________. Completion dates or time durations for specific portions of the project are set forth in Exhibit “_”. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one -year extensions. Any extension of this Agreement must be approved in writing by the City Manager.

3. SCOPE OF SERVICES . The CONSULTANT will perform ser vices as set forth in the attached Exhibit “_”.

The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “_” to keep staff and City Council advised of the progress on the project.

The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be perfor med by the CONSULTANT under this Agreement. Upon 108 of 384
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24 doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION . The Administrative Services Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. _________________ thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit “_” shall not exceed $______. The compensation for the CONSULTANT’S work shall not exceed the rates set forth in Exhibit “_”. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “_”, as determined by the CITY.

The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its off ice at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.

6. 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. In the event the CONSULTANT a nd the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the 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 and/or the compensation payable to the CONSULTANT.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.

Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY’S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld.

The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 109 of 384
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25 Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed.

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, par tners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medical, unemployment, or workers’ compensation insurance.

This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement , nor any interest herein , may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein c ontained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTA NT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement.

9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT’S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT’S obligations to the CITY are solely prescribed by this Agreement.

10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of Nation al City business license prior to and during performance of any work pursuant to this Agreement.

11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that a re legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession.

12. STANDARD OF CARE.

A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT 110 of 384
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26 shall take all special precauti ons necessary to protect the CONSULTANT’S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.

B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT’S professional performance or the furnishing of materials or services relating thereto.

C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perfor m, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

13. NON-DISCRIMINATION PROVISIONS . The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical con dition. The CONSULTANT 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 apprentices hip. The CONSULTANT 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.

14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such informa tion, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of inform ation; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 111 of 384
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27 CONSULTANT shall be liable to CITY for any da mages caused by breach of this condition, pursuant to the provisions of Section 15.

15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its o fficers, 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 d efense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’S performance or other obligations under this Agreement; provided, however, that this indemnification a nd 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 CONSULTANT 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.

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS Eligibility Indemnification. If CONTRACTOR’s employee(s) providing 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 contributio ns 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 d escribed in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.

16.2 Limitation of CITY Liability . The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR 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.

16.3 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, overtime 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 112 of 384
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28 employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

17. WORKERS’ COMPENSATION . The CONSULTANT shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proc eedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.

18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. If checked, Professional Liability 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 occurre nce 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 separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “l ocation” 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 CONSULTANT’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.

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, 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 CONSULTANT 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.

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29 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. Insurance shall be written with only insurers authorized to conduct business in California that 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.

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 CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite i nsurance 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 requireme nts of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

K. If the CONSULTANT 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 CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.

For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.

20. TERMINATION.

A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60 -day’s written notice to the CONSULTANT. During said 60 -day period the CONSULTANT shall perform all services in accordance with this Agreement. 114 of 384
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30 B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein.

D. In the event of terminatio n, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT’S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.

E. The CITY further reserves the right to immediately terminate this Agreement upon:
(1) the filin g of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT.

21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Cal ifornia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons:

To CITY: Molly Brennan
Administrative Services Director
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONSULTANT:
(Insert name)
(Insert title)
(Company name)
(Address)
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31 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent.

Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.

22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS .

During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.

If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.

The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.

23. PREVAILING 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. Consultant 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.

24. ADMINISTRATIVE 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 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. 116 of 384
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32 E. 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.

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. CONSULTANT 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 f ailure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

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.

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 agreements, 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 repre sentative 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 CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisi ons in Section 18 and the indemnification and hold harmless provision of Section 15 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 all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) 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.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.
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33 CITY OF NATIONAL CITY

By: ____________________________
Alejandra Sotelo Solis, Mayor

APPROVED AS TO FORM:

By: ____________________________
Charles E. Bell Jr.

City Attorney
INSERT CO’S NAME IN BOLD, ALL CAPS
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(Title)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(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 PROPOSALS (“RFP”) FOR AN ENTERPRISE RESOURCE PLANNING (“ERP”) SYSTEM AND IMPLEMENTATION

SERVICES

WHEREAS, the City of National City (“City”) desires to solicit responses from qualified firms, to replace the City’s current Enterprise Resource Planning (“ERP”) systems; and

WHEREAS, the City seeks a Proposer who can demonstrate organizational, functional, and technical capabilities, as well as the experience, expertise, and qualifications necessary to implement and support a fully integrated and proven ERP system; and

WHEREAS, City staff requests City Council authorization to advertise a Request for Proposals to replace the City’s current Enterprise Resource Planning (“ERP”) systems.

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 Proposals for an Enterprise Resource Planning (“ERP”) System and Implementation Services.

Section 2: That t he City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 7th day of June, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California approving the Engineer’s Report for and initiating proceedings of the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23. (Planning) Please scroll down to view the backup material.
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The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenanc
e, operations, and servic ing of certain improvements in the District, including landscaping, signage, and
lighting. Each year, the City Council considers the adoption of resolutions to allow
the District to continue operating with funding through a special tax levy on properties within the District.

The resolution woul
d initiate proceedings for the District for Fiscal Year 2022/23 and approve the Engineer’s Report, an annual report that identifies the assessment to be levied and the work program
to
be conducted by the Mile of Cars Landsc ape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget.

There
are no
changes or additions to the maintained improvements for the coming fiscal year.

The proposed total
assessment of $159,075.08 is an increase of approximately 2.3 percent above the prior year total assessment. The City’s consultant and City administrative costs are paid from the District’s assessment funds.

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: June 7, 2022 AGENDA ITEM NO.:

ITEM TITLE:

Resolution of the City Council of the City of National City, California approving the Engineer’s Report for and initiating proceedings of the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23.

DEPARTMENT: Community Development PREPARED BY: Martin Reeder, Planning Manager PHONE: 619-336-4
313 APPROVED BY:

A r m ando Vergara
D i r e c t o r o f C o m m . D e v . EXPLANATION:

FINANCIAL STATEMENT:

Adoption of this resolution results in a net impact of $11,253 to the General Fund for Fiscal Year 2023. $16,753 in expenditures for the City’s general benefit
contribution, partially offset by $5,500 in revenue for the City’s incidental expenses. The remaining $156,912 is funded through the Mile of Cars Special Assessment District. Funding for these expenditures is included in the Fiscal Year 2023 Proposed Budget.

FINANCE
ACCOUNT NO.

Revenues Expenditures
195-00000-3307 $156,912 195-443-055-099-0000
$5,500
195-00000-3999 $16,753 195-443-055-299-0000
$168,165
001-00000-3999 $5,500 001-409-000-099-0000 $16,753 APPROVED:

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

ORDINANCE: INTRODUCTION  FINAL ADOPTION  Not applicable.

STAFF RECOMMENDATION:

Adopt the resolution approving the Engineer’s Report
and initiating the levy proceedings.

BOARD / COMMISSION RECOMMENDATION:

Not applicable.

ATTACHMENTS:

1. Engineer’s Report

2. Resolution
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nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2022/23 Engineer’s Report For:

Landscape Maintenance District No. 1
(Mile of Cars)
May 2022
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CITY OF NATIONAL CITY
LANDSCAPE MAINTENANCE DISTRICT NO. 1
(MILE OF CARS)
1243 National City Boulevard
National City, CA 91950
Phone - (619) 336-4241
Fax - (619) 336-4239

CITY COUNCIL
Alejandra Sotelo-Solis, Mayor
Marcus Bush, Vice Mayor
Jose Rodriguez, Councilmember
Mona Rios, Councilmember
Ron Morrison, Councilmember

CITY STAFF
Brad Raulston, City Manager
Tony Winney, Assistant City Manager
Martin Reeder, Principal Planner

DISTRICT STAFF
Leslie Larranaga-Britt, Executive Director
NBS
April Sabado, Administrator
Amanda Welker, Project Manager
John Egan, Assessment Engineer
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TABLE OF CONTENTS
Engineer’s Letter ............................................................................................................. 1 Overview ........................................................................................................................ 2

2.1 Introduction ............................................................................................................... 2

2.2 Description of the District Boundaries ...................................................................... 2

2.3 Description of Improvements ................................................................................... 2

2.4 Description of Maintenance ...................................................................................... 3 Estimate of Costs ............................................................................................................ 4

3.1 District Budget ........................................................................................................... 4

3.2 Reserves .................................................................................................................... 4 Assessment Diagram ....................................................................................................... 6 Assessments ................................................................................................................... 7

5.1 Method of Apportionment ........................................................................................ 7

5.2 Maximum Annual Assessment Rates ...................................................................... 11

5.3 Assessment Roll ....................................................................................................... 12 124 of 384
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City of National City
Landscape Maintenance District No. 1 (Mile of Cars) 2

2. OVERVIEW

2.1 Introduction
The City formed the District in 1995 to provide maintenance services to benefit certain parcels in the City.

The levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the “Act”).

The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The Engineer’s Report (the “Report”) describes the District and the annual assessment per parcel for Fiscal Year 2022/23, which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number by the San Diego County Assessor’s Office. The San Diego County Auditor- Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments.

Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2022/23. If approved, the assessment information shall be submitted to the County Auditor-Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2022/23.

2.2 Description of the District Boundaries
The District’s improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south.

2.3 Description of Improvements
A general description of the improvements to be maintained under these proceedings is described as follows, but, shall not be limited to:

1. Median Improvements
• Landscape planting and irrigation
• Colored concrete hardscape
• Lighting system
• Graphic panels, banners and signage
• Painted crosswalks
• Identification sign at 23rd Street and McKinley Avenue 126 of 384
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2. Frontage Improvements
• Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street
• Landscape planting and irrigation
• Colored concrete sidewalks and mow curbs
• Street furniture

2.4 Description of Maintenance
The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to:

1. General Plant Maintenance
• Mowing, trimming, pruning and weeding
• Watering, including water usage
• Fertilizing
• Plant replacement
• Periodic skinning of palm trees

2. Maintenance of Irrigation System
• Adjustment of timers
• Repair/replacement of worn-out, stolen or malfunctioning equipment

3. Periodic restriping of decorative crosswalks

4. Periodic repainting of metal benches and trash receptacles

5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment

6. Maintenance of electrical system
• Bulb replacement
• Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges

7. Litter removal

8. Trash pick-up

9. Other repairs of damage caused by vandalism and/or traffic accidents 127 of 384
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3. ESTIMATE OF COSTS

3.1 District Budget
The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District.

The following table summarizes the components that make up the Fiscal Year 2022/23 estimate of costs for the District:

Description
Median
Improvements
Frontage
Improvements Total
Maintenance Costs

1. Lawn planting care $0.00 $42,678.29 $42,678.29

2. Median planting care 21,863.06 0 $21,863.06

3. Palm tree maintenance 7,500.00 7,500.00 $15,000.00

4. Water usage 13,836.67 13,836.67 $27,673.34

5. Refurbishment of graphic panels 20,000.00 0 $20,000.00

6. General maintenance of electrical system/lights 3,046.11 0 $3,046.11

7. Electrical usage 19,000.00 0 $19,000.00

8. Refurbishment of decorative crosswalks $250.00 $250.00 $500.00

9. Reserves $250.00 $250.00 $500.00
Total Cost of Annual Maintenance: $85,745.84 $64,514.96 $150,260.80 Incidental Expenses
A. Administration $3,750.00 $3,750.00 $7,500.00
B. Other contractual obligations (1) 4,950.00 4,950.00 9,900.00 C. Engineering 0 0 0
D City expenses 2,750.00 2,750.00 5,500.00
E. Consultant fees 250 250 500.00
F. County collection fees 2.3 2.3 4.6
Total Incidentals: $11,702.30 $11,702.30 $23,404.60
Total Estimated Annual Cost: $97,448.14 $76,217.26 $173,665.40 (Less) General Benefit Contribution(2): ($8,325.92) ($6,264.40) ($14,590.32) TOTAL ANNUAL ASSESSMENT(3): $89,122.22 $69,952.86 $159,075.08 (1) Includes legal, accounting and advertising.
(2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Amounts shown are prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure.

3.2 Reserves
The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. 128 of 384

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The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs.

The following table details the current and projected reserve balances:

Reserve Balance
12/31/2021
Reserve Collection/Reduction
for FY 2022/23 (1)
Reserve Balance Projection
6/30/2022
$123,606.00 ($36,295.00) $87,311.00
(1) Includes expenses and reductions between the dates 12/31/2021 and 4/6/2022. 129 of 384

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4. ASSESSMENT DIAGRAM
The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor’s Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. 130 of 384
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5. ASSESSMENTS
The actual assessments for Fiscal Year 2022/23, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted at the end of this section. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report.

5.1 Method of Apportionment
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation.

The figures in Section 5.1 are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2013/14.

5.1.1 IDENTIFY THE BENEFIT
First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District.

The District’s improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an “aesthetic benefit.” The aesthetic benefit provided by the district improvements and services are supported by the City’s General Plan (the “Plan”) and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, “have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City’s desire for a higher quality of life.” The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan:
• Policy LU-5.3: Recognize the diverse needs of the City’s business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district.
• Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars.
• Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts.
• Policy LU-5.10: Assist the business community in evaluating the City’s marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors.
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• Policy LU-9.1: Design developments along mixed-use and “community corridors” for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic-calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate.
• Policy LU-9.4: Encourage an overall high-quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on-street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for the City, where appropriate. • Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway.
• Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts.
• Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. • Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood.
• Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts.

The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below.

5.1.2 AESTHETIC BENEFIT
The aesthetic benefit relates to an improvement in the District’s visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property’s highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District’s improvements and services:
• Uniform and up-to-date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders.
• The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements.
• The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District.
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• The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian-friendly, thus improving activity for residents and businesses alike.
• Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District.

The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use.

5.1.3 SEPARATION OF GENERAL BENEFIT
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries.

The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area, will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. A Special v.

General Benefit Analysis was performed in Fiscal Year 2013/14 to quantify said general benefits.

5.1.4 QUANTIFICATION OF GENERAL BENEFIT
As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries.

General benefits accrue to individuals “walking through” the District and to vehicles “passing through” the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District.

Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District 136 of 384

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Landscape Maintenance District No. 1 (Mile of Cars) 10 are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54.

To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles “passing through” the District. Meaning, any vehicle using the City’s streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the “general public” benefitting from the proposed improvements and services.

Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips “passing through” the District.

In order to determine the estimated portion of the vehicle trips “passing through” the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals – 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District, which equaled 13,385 ADT.

The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District, which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71% of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District.

Pursuant to the Special v. General Benefit Analysis performed in Fiscal Year 2013/14, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment.

5.1.5 APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was performed and several factors are being used in the final method and spread of assessment.

All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost.

Lineal frontage was assigned as the assessment variable by the original assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying 137 of 384

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Landscape Maintenance District No. 1 (Mile of Cars) 11 the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District to the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized.

The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel’s lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District.

There are generally two categories of improvements to be maintained by the District – the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below:

5.1.6 MEDIAN IMPROVEMENTS

1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard.

2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel.

5.1.7 FRONTAGE IMPROVEMENTS

1. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard.

2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements.

3. The frontage of each parcel is determined from current Assessor’s maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot.

5.2 Maximum Annual Assessment Rates
The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures.

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Landscape Maintenance District No. 1 (Mile of Cars) 12 The following table shows the historical maximum annual assessment rates.

Fiscal
Year
Percentage
Increase
Maximum
Frontage Rate Per
Frontage Foot
Maximum
Median Rate Per
Frontage Foot
Total Maximum
Rate Per
Frontage Foot(1)
Total Actual
Rate Per
Frontage Foot(1)
Actual
Percentage
Increase
1996/97 N/A $3.29 $6.43 $9.72 $9.72 N/A
1997/98 10% 3.62 7.07 10.69 10.69 9.98%
1998/99 10% 3.98 7.78 11.76 11.09 3.74%
1999/00 10% 4.38 8.56 12.94 11.07 -0.18%
2000/01 10% 4.82 9.41 14.23 11.51 3.97%
2001/02 10% 5.30 10.35 15.66 10.52 -8.60%
2002/03 10% 5.83 11.39 17.22 11.03 4.85%
2003/04 10% 6.41 12.53 18.95 11.25 1.99%
2004/05 10% 7.05 13.78 20.84 11.56 2.76%
2005/06 10% 7.76 15.16 22.93 11.68 1.04%
2006/07 10% 8.54 16.68 25.22 12.37 5.91%
2007/08 10% 9.39 18.35 27.74 13.72 10.91%
2008/09 10% 10.33 20.18 30.52 14.79 7.80%
2009/10 10% 11.36 22.20 33.57 16.19 9.47%
2010/11 10% 12.50 24.42 36.93 16.87 4.20%
2011/12 10% 13.75 26.86 40.62 15.75 -6.64%
2012/13 10% 15.12 29.55 44.68 15.80 0.32%
2013/14 10% 16.64 32.51 49.15 15.49 -1.96%
2014/15 10% 18.30 35.76 54.07 15.15 -2.19%
2015/16 10% 20.13 39.33 59.46 15.11 -0.26%
2016/17 10% 22.15 43.27 65.42 15.86 4.96%
2017/18 10% 24.36 47.60 71.96 15.69 -1.07%
2018/19 10% 26.80 52.36 79.16 16.38 4.40%
2019/20 10% 29.48 57.59 87.07 16.76 2.32%
2020/21 10% 32.43 63.35 95.78 17.23 2.80%
2021/22 10% 35.67 69.69 105.36 17.23 0.00%
2022/23 10% 39.24 76.66 115.90 17.63 2.32%
(1) Rates are truncated.

The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount.

The actual combined annual assessment rate for Fiscal Year 2022/23 is $17.63, which reflects an increase of 2.32% from Fiscal Year 2021/22.

5.3 Assessment Roll
The proposed Fiscal Year 2022/23 District assessment roll is listed on the following page.

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Final Billing Detail Report for Fiscal Year 2022/23
APN Street Address Frontage Levy Total
560-203-03-00 1800 NATIONAL CITY BLVD 291 $5,131.58
560-204-02-00 1940 NATIONAL CITY BLVD 140 2,468.80
560-204-04-00 1900 NATIONAL CITY BLVD 190 3,350.52
560-210-01-00 1807 NATIONAL CITY BLVD 125 2,204.28
560-210-04-00 1889 NATIONAL CITY BLVD 165 2,909.66
560-210-40-00 1935 NATIONAL CITY BLVD 211 3,720.84
560-210-41-00 1907 NATIONAL CITY BLVD 50 881.70
560-210-42-00 NATIONAL CITY BLVD 30 529.02
560-261-08-00 2005 NATIONAL AVE 270 4,761.26
560-271-07-00 2115 NATIONAL CITY BLVD 75 1,322.56
560-271-09-00 2133 NATIONAL CITY BLVD 50 881.70
560-271-14-00 NATIONAL CITY BLVD 95 1,675.26
560-271-15-00 2135 NATIONAL CITY BLVD 100 1,763.42
560-330-03-00 2301 NATIONAL CITY BLVD 591 10,421.88
560-393-03-00 2020 NATIONAL CITY BLVD 140 2,468.80
560-393-04-00 2050 NATIONAL CITY BLVD 480 8,464.48
562-021-01-00 2401 NATIONAL CITY BLVD 100 1,763.42
562-021-07-00 2421-41 NATIONAL CITY BLVD 160 2,821.48
562-031-13-00 2533 NATIONAL CITY BLVD 110 1,939.76
562-031-14-00 2501 NATIONAL CITY BLVD 160 2,821.48
562-090-06-00 2601 NATIONAL CITY BLVD 270 4,761.26
562-100-13-00 2729 NATIONAL CITY BLVD 135 2,380.62
562-100-14-00 2701 NATIONAL CITY BLVD 135 2,380.62
562-150-13-00 2940 NATIONAL CITY BLVD 209 3,685.56
562-160-07-00 2829 NATIONAL CITY BLVD 300 5,290.30
562-180-32-00 NATIONAL CITY BLVD 82 1,446.00
562-180-33-00 NATIONAL CITY BLVD 127 2,239.56
562-220-11-00 100-36 W 30TH ST 100 983.14
562-220-13-00 3000 NATIONAL CITY BLVD 230 4,055.90
562-220-31-00 NATIONAL CITY BLVD 155 2,733.32
562-220-32-00 3150 NATIONAL CITY BLVD 314 5,537.18
562-251-37-00 3001 NATIONAL CITY BLVD 202 3,562.12
562-251-38-00 3003 NATIONAL CITY BLVD 167 2,944.92
562-252-16-00 3131 NATIONAL CITY BLVD 330 5,819.32
562-321-07-00 NATIONAL CITY BLVD 182 3,209.44
562-321-08-00 NATIONAL CITY BLVD 148 2,609.88
562-330-43-00 132 W 33RD ST 40 705.36
562-330-47-00 3200 NATIONAL CITY BLVD 192 3,385.78
562-330-48-00 NATIONAL CITY BLVD 133 2,345.36
562-340-09-00 2800 NATIONAL CITY BLVD 300 5,290.30
562-340-47-00 2626 NATIONAL CITY BLVD 164 2,892.02
562-340-48-00 2700 NATIONAL CITY BLVD 436 7,688.56
Slight variances may occur due to rounding
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Final Billing Detail Report for Fiscal Year 2022/23
APN Street Address Frontage Levy Total
562-340-49-00 2202 NATIONAL CITY BLVD 291 5,131.58
562-340-50-00 2340 NATIONAL CITY BLVD 300 5,290.30
562-340-69-00 2400 NATIONAL CITY BLVD 290 5,113.96
562-340-70-00 2590 NATIONAL CITY BLVD 300 5,290.30
9065 $159,074.5646 Accounts
9065 $159,074.5646 Total Accounts
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 2 04/28/2022 10:55:38PM 141 of 384
RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA APPROVING THE ENGINE ER’S REPORT FOR AND INITIATING

PROCEEDINGS OF THE L EVY AND COLLECTION O F ASSESSMENTS FOR LANDSCAPE MAINTENANC E DISTRICT NO. 1 (MI LE OF CARS ) FOR FISCAL YEAR 2022/23

WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape Maintenance District No. 1 (Mile of Cars) (the “Assessment District”); and

WHEREAS, the City has retained a consultant for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report; and

WHEREAS, the City Council has, by previous resolution, ordered the consultant to prepare and file such Annual Report; and

WHEREAS, such Annual Report has been prepared and filed with the City Clerk; and

WHEREAS, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2022/23.

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

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

Section 1: Approves the Annual Report concerning the levy of assessments for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

Section 2: Annual Report: The Council orders the consultant to prepare and file with the City Clerk the Annu al Report concerning the levy and collection of assessments within the Assessment District for the fis cal year co mmencing July 1, 2022 and ending June 30, 2023.

Section 3: New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District.

Section 4: That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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Resolution No. 2022 -
Page Two

PASSED AND ADOPTED this 7th day of June, 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 declaring its intention to conduct a public hearing on June 21, 2022 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23. (Planning) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: June 7, 2022 AGENDA ITEM NO.:

ITEM TITLE:

Resolution of the City Council of the City of National City, California declaring its intention to conduct a public hearing on June 21, 2022 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23.

DEPARTMENT: Community Development PREPARED BY: Martin Reeder, Planning Manager PHONE: 619-336-4313 APPROVED BY:

Armando Vergara
Director of Comm. Dev.

EXPLANATION:

The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District.

The resolution would declare the City’s intention to conduct a public hearing and to levy and collect assessments on behalf of the District for Fiscal Year 2021/22 based on the Engineer’s Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget.

FINANCIAL STATEMENT: Not applicable APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS
ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

ORDINANCE: INTRODUCTION  FINAL ADOPTION  Not applicable.

STAFF RECOMMENDATION:

Adopt the resolution declaring intent to conduct a public hearing and to levy and collect assessments.

BOARD / COMMISSION RECOMMENDATION:

Not applicable.

ATTACHMENTS:

1. Resolution
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ,

CALIFORNIA DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JUNE 21, 2022 AND TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF C ARS) FOR FISCAL YEAR 2022/23

WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Sect ion 22500) (the “Act”) to establish the City’s Landscape Maintenance District No. 1 (Mile of Cars) (the “Assessment District”); and

WHEREAS, the City has retained a consultant for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report.

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

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

Section 1: Intention: The Council hereby declares its intention to le vy and collect assessments within the Assessment District to pay the costs of the Improvements for the Fiscal Year commencing July 1, 2022 and ending June 30, 20 23. The Council finds that the public’s best interest requires such action.

Section 2: Improvements: The Improvements include, but are not limited to:
landscape planting and irrigation, colored hardscape, lighting systems, graphic panels, banners and signage, painted crosswalks, and street furniture. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition.

Section 3: Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram f iled in the offices of the City Clerk, which map is made a part hereof by reference.

Section 4: Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

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Section 5 : Notice of Public Hearing : The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Tuesday, June 21, 2022 at 6:00 pm o r as soon thereafter as is feasible in the Council Chambers located at 1243 National City Blvd, National City, CA 91950 . The Council further orders the Clerk to publish notice of this resolution in accordance with Section 22626 of the Act.

Section 6: Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that amount previously approved by the property owners (as “increased assessment” is defined in Section 54954.6 of the Government Code).

Section 7 : That th e City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 7th day of June 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) ratifying acceptance of funds in the total amount of $15,819 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY22 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials; 2) authorizing the acceptance of the Beverage Container Recycling City/County Payment Program funds for $15,819 and the establishment of the Trash Rate Stabilization Fund appropriation of $15,819 and corresponding revenue budget for the implementation of recycling projects and programs. (Engineering/Public Works) 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 1) RATIFYING ACCEPTANCE OF FUNDS IN THE TOTAL AMOUNT OF $15,819 AWARDED TO THE CITY OF NATIONAL CITY FROM THE BEVERAGE

CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM FROM THE

CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR THE FISCAL YEAR 2022; 2) AUTHORIZING THE

ACCEPTANCE OF THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM FUNDS FOR $15,819 AND 3) THE ESTABLISHMENT OF THE TRASH RATE STABILIZATIO N FUND APPROPRIATION OF $15,819 AND

CORRESPONDING REVENUE BUDGET FOR THE IMPLEMENTATION OF

RECYCLING PROJECTS AND PROGRAMS

WHEREAS, the Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery (C alRecycle) awards funds to eligible California cities and counties specifically for beverage container recycling and litter cleanup activities; and
WHEREAS, the goal of the program is to reach and maintain an eighty (80) percent recycling rate for all California Refund Value beverage containers - aluminum, glass, plastic, and bi-metal; and

WHEREAS, the City of National City (“City”) has received funds from this program since the Fiscal Year 2005-2006, and for the Fiscal Year 2022, the City received a total of $15,819 in funds to implement recycling projects and programs; and

WHEREAS, City staff uses these funds to purchase beverage recycling containers for our local community parks, purchase reusable tote bags specifically designed to educate and promote beverage container recycling, develop public educational flyers and brochures promoting beverage container recycling; and

WHEREAS, City staff requests City Council ratify and authorize acceptance of funds in the total amount of $15,819 from the Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery ( “CalRecycle”) and authorize the establishment of a Trash Rate Stabilization Fund appropriations for the Fiscal Year 2022 and corresponding revenue budgets for the Fiscal Year 2022.

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1 : Ratify and authorize the acceptance of funds for the total amount of $15,819 from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (“CalRecycle”) for the Fiscal Year 20 22 to implement recycling projects and programs such as beverage recycling containers in City parks, cleanup activities, and educational materials.

Section 2: Authorize establishing the Trash Rate Stabilization Fund appropriation of $15,819 and corresponding revenue budget for implementing recycling projects and programs.

Section 3: 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 7th day of June, 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 accepting a Grant Deed from KD Cove, LLC for a Street Dedication for a portion of E. 31st Street between the southerly line of “B” Avenue and “C” Avenue, to be vacated for public use, and authorizing the Mayor to execute the certification thereof evidencing the City’s consent to and acceptance of the Grant Deed. (Engineering/Public Works)
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RESOLUTION NO. 2022 -

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

ACCEPTING A GRANT DEED FROM KD COVE, LLC FOR A PARTIAL STREET DEDICATION FOR A PORTION OF E. 31 ST STREET BETWEEN THE SOUTHERLY LINE OF “B” AVENUE AND “C” AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION THEREOF EVIDENCING THE CITY’S CONSENT TO

AND ACCEPTANCE OF THE GRANT DEED

WHEREAS, KD Cove, LLC (“Owner”) owns the property located on the south side of East 31st Street, between “B” Avenue and “C” Avenue; and

WHEREAS, the Owner plans to construct eighty-seven (87) residential units, and as a requirement for the development of its site, it is conditioned to install a sidewalk, curb and gutter along the property frontage; and

WHEREAS, a partial street dedication is required because the right of way along the property frontage is not wide enough to install a sidewalk, curb, and gutter along the property frontage; and

WHEREAS, the Owner prepared a Grant Deed to make the partial street dedication for the necessary right of way to install the sidewalk, curb and gutter along the property frontage; and

WHEREAS, City of National City staff recommend the City Council accept the Owner’s Grant Deed to make the partial street dedication.

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

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

Section 1. Accepts a Grant Deed from KD Cove, LLC for a partial street dedication for a portion of East 31 st Street between the southerly line of “B” Avenue and “C” Avenue, to be vacated for public use.

Section 2. Authorizes the Mayor to execute the certification thereof evidencing the City’s consent to and acceptance of the Grant Deed.

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

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1 Resolution No. 2022 –
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PASSED and ADOPTED this 7th day of June 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 approving the temporary street closure of Newell Street and 22nd Street scheduled to take place during the period of June 8th, 2022 through July 28th, 2022, for the construction of a neighborhood traffic circle at this intersection. (Engineering/Public Works)
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, APPROVING THE TEMPORARY STREET CLOSURE OF NEWELL STREET AND 22ND STREET SCHEDULED TO TAKE PLACE DURING THE PERIOD OF JUNE 8, 2022 , THROUGH JULY 28, 2022, FOR THE CONSTRUCTION OF A

NEIGHBORHOOD TRAFFIC CIRCLE

WHEREAS, on November 16, 2021, the City of National City (“City”) City Council awarded a contract to Tri-Group Construction and Development, Inc. for the construction of the Citywide Safe Routes to School Project, CIP No. 19-04 (“Project”); and

WHEREAS, the P roject provides high visibility continental crosswalks, ADA accessible ramps with truncated domes, pedestrian crosswalk signs , and sidewalk replacements at locations near several elementary schools and Granger Junior High School; and

WHEREAS, additional proposed improvements include the construction of traffic calming curb extensions and speed cushions on Newell Street near Las Palmas Elementary School between East 20th Street and 22nd Street; and

WHEREAS, the construction of the proposed traffic circle would be performed during the Las Palmas Elementary School summer break from June 8, 2022 , to July 28, 2022, when the school will be closed; and

WHEREAS, the City’s Fire Department requests that during construction , the contractor provide a twenty (20) foot access road for emergency vehicles to access East 20th Street; and

WHEREAS, to build the traffic circle at the intersection and comply with the City’s Fire Department’s request, the contractor will need to close the intersection to vehicles during construction; and

WHEREAS, City staff is recommending the temporary street closure of Newell Street and 22nd Street from June 8 , 2022 , through July 28, 2022, to construct a neighborhood traffic circle at this intersection.

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

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

Section 1: Approves the temporary street closure of Newell Street and 22nd Street, scheduled to take place from June 8, 2022, through July 28, 2022, to construct a neighborhood traffic circle at this intersection.

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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 7th day of June, 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 acceptance of the California State Library Lunch at the Library Grant in the amount of $800 to fund library programs and authorizing the establishment of a Library Grants Fund appropriation of $800 and corresponding revenue budget. (Library and Community Services) Please scroll down to view the backup material.
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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

April 26, 2022

Joyce Ryan
National City Public Library
1401 National City Blvd, National City, CA, 91950

Subject: 2022 Lunch at the Library

Dear Ms. Ryan,

This letter confirms the California State Library’s award of $ 800 to the National City Public Library for Summer 2022 Lunch at the Library.

The Lunch at the Library program makes it possible for public libraries to provide free summer meals and programming at library sites, take pop-up libraries to other community-based meal sites, provides free books to help children build home libraries and creates volunteer opportunities for teens. Thank you for being a part of this important work.

National City Public Library will receive $ 800 of the award upon execution and approval of the grant agreement, certification, and claim forms. The remaining funding (if applicable) will be made available according to the payment schedule and upon the awardee’s completion of the requirements listed in the Grant Agreement and Certification of Compliance document included with this award packet.

Hard copies of this correspondence will not follow. Please keep the entirety of this correspondence for your files and consider these award materials your original documents.

This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule as well as the proposal outlining the project plan and budget. Within the DocuSign system, please sign the claim and certification forms included in the award packet using the DocuSign system. Should you have any questions regarding the use of DocuSign please contact your grant monitor.

There are two people assigned to your project. The first is your Grant Monitor. Contact them regarding compliance and reporting. The Grant Monitor assigned to your project is Lisa Lindsay. Contact Lisa via email at [email protected].

DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 171 of 384
Summer 2022 Lunch at the Library
LATL21-38

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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

You are also assigned a Library Programs Consultant for ongoing programmatic support. The Library Programs Consultant assigned to your project is Shana Sojoyner. Contact Shana via email at [email protected].

Please stay in touch with your Grant Monitor and Library Programs Consultant throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.

Best wishes for a successful project.

Respectfully yours,

Greg Lucas
California State Librarian

Enclosures
CC: Gina Iwata
Yesenia Castellon
DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 5/3/2022
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THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: LATL21-38
Library/Organization: National City Public Library
Project Title: Summer 2022 Lunch at the Library
Award Amount: $ 800

APPROVED BUDGET
Salaries/Wages/Benefits $ 0
Consultant Fees $ 0
Travel $ 0
Supplies/Materials $ 800
Equipment ($5,000 or more per
unit) $ 0
Services (contracted) $ 0
Project Total $ 800
Indirect Cost $ 0
Grant Total $ 800

Start Date: Upon execution of the award packet materials End Date: Friday, September 30, 2022
Please understand that it can take from six to eight weeks from receipt of a fully executed claim form with no errors before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
As outlined in the grant terms and conditions, National City Public Library is required to provide mid-project financial and narrative reports by July 15, 2022; final financial and narrative reports by October 30, 2022; and updates upon request. Reports will be submitted to your grant monitor, Lisa Lindsay, by email at [email protected].

PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the payment schedule laid out in the Grant Term and Award Documentation. For awards over $20,000, ten percent (10%) of the full grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant terms and conditions. For awards less than $20,000, payment is made in full.

CONTACT
We want your project to be successful. Please work with the grant monitor and library program consultant in implementing your project:

Grant Monitor Lisa Lindsay Library
Programs
Consultant
Shana Sojoyner
Phone (916) 603-6708 Phone (916) 603-7194
Email [email protected] Email [email protected] DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 173 of 384

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STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
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TABLE OF CONTENTS

PROJECT SUMMARY

2 PROCEDURES AND REQUIRMENTS
A.

Term of the Agreement 3
B.

Scope of Work
3 C.

Budget Detail
3 D.

Narrative and Financial Reports
4 E.

Claim Form and Payment

5 EXHIBIT A: TERMS AND CONDITIONS

7 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
22 Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES

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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and National City Public Library for the Summer 2022 Lunch at the Library project.

AWARD AGREEMENT NUMBER LATL21-38
This Award Agreement (“Agreement”) is entered into on Execution of this agreement by and between the California State Library (“State Library”) and National City Public Library, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded Summer 2022 Lunch at the Library project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $ 800 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until 9/30/2022. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on 9/30/2022 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the 2022 Lunch at the Library Opportunity.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

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D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
April 2022-June
2022
1st Financial and Mid Project Program
Narrative Reports Due
July 15, 2022
July - September
2022
Final Financial and Narrative Reports Due October 31, 2022

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

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2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 180 of 384
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either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Summer 2022 Lunch at the Library Program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and it’s agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 183 of 384
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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

National City Public Library
Joyce Ryan
1401 National City Blvd
National City, CA 91950
619-480-5882
[email protected]

California State Library
Lisa Lindsay
900 N Street
Sacramento, CA 95814
916-603-6708
[email protected]

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 184 of 384
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of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:

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1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

11. Failure to Perform: The grant being utilized by the Grantee is to benefit the [insert phrase]. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

12. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 186 of 384
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Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

13. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

14. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

15. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

16. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

17. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

18. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 187 of 384
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the California State Library may find necessary to assure the correctness and verification of such reports.

19. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

20. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

21. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

22. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

23. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
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b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

24. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $ 800 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

25. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

26. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and it’s contractors, and subcontractors shall give written notice of their obligations DocuSign Envelope ID: 4CB5CD09-81A4-4810-AFD9-D454AA05B8FD 189 of 384
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National City City CouncilJune 7, 2022

National City City Council
June 7, 2022